Putting a Stop to Film Piracy Essay Example for Free

Putting a Stop to Film Piracy Essay Film piracy is one of the most lucrative forms of intellectual property theft in the United States and in the rest of the world. Movies are illegally copied, reproduced, and mass distributed in different ways such as in replicated DVDs or through the Internet for financial gains. Piracy is an act of stealing and it â€Å"includes the unauthorized copying, distribution, performance or other use of copyrighted materials† such as movies and television shows (Motion Picture Association of America). These practices result to negative impacts on consumers, the film industry, and to the whole economy. No matter how enticing are the reasons why people support pirated movies, film piracy remains to be a punishable crime for it is equal to stealing the properties and hard work of other people. Therefore, people who produce and distribute pirated movies for illegal purposes should face the consequences of their actions. Reasons Why People Engage in this Crime There are several ways how to pirate films. These movies are produced either by recording inside the theater, post-production leaks or leaks from an awards screener, stealing film print, stealing legitimate DVD prior to official date of release, or by ripping a legitimate DVD of any protective code (Treverton 37). These stolen copies of the movies are then burned or replicated in more DVDs or uploaded in the Internet without the consent of their original owners and then sold at cheaper prices or distributed for free. Despite being prohibited by law, film piracy is hard to control because many people instantly benefit from it. The people behind the business earn a lot from pirated movies because they do not have to buy the copyrights of the movies or pay royalties. Despite having lower qualities at times, buying pirated movies appeals to consumers because they can get films for free or for a very cheap price. â€Å"The low prices of pirated films compared with the legal ones make the former very attractive to buyers† (Treverton 31). Consumers who have limited budgets would prefer to buy pirated movies or download illegally from the Internet than to spend the money in cinemas. But these are only temporary benefits and in the bigger picture, film piracy causes more harm than good results. How Film Piracy Harms Pirated movies gain support from those who see them as answers to financial burdens. But many people remain unaware of the how movie piracy actually contributes to the sufferings of the whole country’s economy and film industry. These people do not recognize the importance of not supporting the products of piracy. The economy loses a lot of money annually because of the organized crime of intellectual property theft. Each year, â€Å"motion picture piracy costs the U. S. economy more than $20 billion† and because of the illegal reproduction of films, lesser income is earned by the movies and lesser money is contributed by the movie industry to the country’s economy (Grover and Shields). Piracy is also one of the biggest threats to film and music industry. The whole entertainment industry suffers from this crime. â€Å"The global film industry creates more jobs, more entertainment choices and more opportunities for the creative professions† and because of piracy, lesser opportunities are given to film production because budgets for discovering new talents, artists, directors, and production staffs are limited and restrained by the lack of budget (MPAA). There is a big possibility for the value of film making to decline and maybe even completely crash. Consumers will also suffer then because, aside from getting little for the money they invest in illegal products, they are also contributing to the wealth of people who have not really worked hard for the film. When the movie industry loses money to piracy, the costs produce quality and meaningful films and shows also become more expensive. Punishments and Consequences Piracy equals theft. Therefore, it is important to have laws created to protect the copyrights of films and television shows. â€Å"These laws help safeguard the creative works that support the livelihoods of the 2. 4 million Americans who work† together to create quality films for the entertainment of consumers (MPAA). The enforcement of laws makes copyrighted movies valuable and pirating these products makes them known as stolen properties. Many critics of the anti-piracy law and other laws related to copyright violations believe that the anti-piracy bill has harsh repercussions. Critics of anti-piracy laws believe that the punishments for acts related to piracy are too severe at times because lengthy prison terms and huge fines await those who will be caught involved in movie piracy. â€Å"First-time violators can be sentenced to up to five years in prison if the camcording was committed for financial gain or commercial advantage and fined up to $250,000† (MPAA). Critics say that there should be a limitation for the consequences of reproducing materials such as films. But for the industries that are affected by this crime, they need greater enforcement of laws because their lost sales continue increasing as consumers retain access to free music and movies on the Internet (Grover and Shields). Conclusion Reproducing copyrighted materials such as films are prohibited by laws. Piracy is a form of theft and many people profit a lot from stolen works. It has become a problematic dent in the film industry because movie outfits are hurt by this illegal act. Apprehenders are not easily caught and are not always given their rightful punishments. Purchasing pirated movies or getting them illegally from the Internet may seem like a mild offense for an ordinary person. But if this crime is done in volume, the negative consequences of movie piracy are proven to be detrimental to those who are part of the industry of film making because the act already translates into theft and a violation of another person’s rights. Works Cited Grover, Ronald and Shields, Todd. â€Å"Movie-Piracy Websites Shut Down by Raids. † 30 June 2010. Web. 23. Aug. 2010. Retrieved from http://www. bloomberg. com/news/2010-06-30/movie-piracy-web-sites-shut-down-in-coordinated-raids-by-u-s-officials. html. Motion Picture Association of America (MPAA). Frequently Asked Questions. 2010. Web. 23 Aug. 2010. Retrieved from http://www. mpaa. org/contentprotection/faq. Treverton, Gregory F. â€Å"Chapter Three: The Shape of Counterfeiting and the Example of Film Piracy. † Film Piracy, Organized Crime, and Terrorism. California: RAND Corporation, 2009. Print. Pp. 27- 38.

Discrimination for Terrorism Offence Suspects

Discrimination for Terrorism Offence Suspects Title: â€Å"The case for discriminatory treatment of persons suspected of terrorism offences- a research study to test the adequacy of the current procedural safeguards that are in place in the UK to protect terror suspects from abuses of due process and breaches of human rights legislation. Abstract: This paper provides a literature review of the latest research which has been conducted in the UK on the due process rights of terror suspects, with a view to determining (i) how susceptible such suspects are, in practice, to abuse of their legal rights by the Police, Security Services and Criminal Justice System; and, (ii) to what extent it is justified to introduce a framework of enhanced procedural protection to mitigate their inherent vulnerabilities. The Structure of the Paper: In chapter 1 of this paper, the concept, legal basis and legal nature of due process will be examined. In particular, the author will examine the historical development of the legal principle, its nature as a procedural safeguard and its legal basis as a constitutional and/or human right. In chapter 2 of this paper, the author will examine the criminal justice mechanisms in place to deal with terror suspects, from initial arrest to criminal prosecution, with a view to determining the extent to which terror suspects are (potentially) more vulnerable to the risks of procedural undue process, within the criminal justice system, than non-terror suspects. In chapter 3 of this paper, the author will identify those risk factors which are unavoidable, such as the national security and other requirements for evidential opacity and those which are historically reported but which have no direct relationship with the nature of the crime being investigated. In chapter 4 of this paper, the author will critically evaluate the adequacy of the existing procedural safeguards which are in place to protect terror suspects from abuse of due process. In chapter 5 of this paper, the author will (tentatively) propose a framework of enhanced procedural safeguards specifically designed to protect terror suspects from abuses of due process. Initial Terminology: Terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence which pertains to terrorist activity. Non-terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence, unrelated to terrorism. Due process- Due process of law. Undue process- This phrase refers to an instance where due process has not been adhered to, i.e. an abuse of due process. In this chapter, the concept, legal basis and legal nature of due process will be examined. In particular, answers to the following questions will be provided: 1. What are the origins of due process in England and Wales? 2. What is due process? 3. What are the philosophical and/or theoretical justifications for the existence of due process? 4. What is the legal basis for the existence of due process? 5. Can due process be regarded as being constitutional, at law? Why is this question relevant to the current debate? 1. What are the origins of due process in England and Wales? It is beyond the scope of this paper to engage in an in-depth historical analysis of the development of the concept of due process. However, it is important that we glean an understanding of the age of the concept, so that we can appropriately contextualize its importance within the debates of this paper. For this reason, and out of interest, the author will provide a (very) brief summary of the origins of due process in England: In the United Kingdom, the concept of due process has its origins in Chapter 9 of the Magna Carta of 1215[1], which stated: No free man shall be taken or imprisoned or disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed, nor will we go upon him nor send upon him, except by the lawful judgement of his peers or by the law of the land. Analysts have fucussed on varying elements of this passage from which to derive the concept of due process. Galligan (2006) p171 provides a useful summary of the main analyses: â€Å"The important part is the exception, especially the words by the law of the land (legem terrae). On first reading it might seem that the significant words are judgement of his peers, since they suggest a foundation for trial by jury. Jury trials, however are a long way into the future and have different origins. The more likely meaning of the expression judgement of his peers is the right of a noble to be judged by his equals, which in turn carries some suggestion of a fair trial. This certainly has procedural connotations, but the search for a fuller sense of due process is usually directed at the words the law of the land That idea is vague enough to support different meanings, and certainly it is not improbable to suggest, as some have, that it contains at least the kernel of due process.† It is interesting to note that the phrase due process or, more correctly stated, due process of law, was not coined until 1354, in King Edward III of Englands statutory rendition of the Magna Carta[2], which stated: No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law.[3] Let us now turn to consider what is mean by due process of the law. 2. What is due process? In the United Kingdom, due process refers to the procedural concept that any person, who is in a position where one or more of his or her protected interests are being deprived[4], is entitled to be treated fairly by the procedure of the law to ensure that the deprivation in question is justified. There are six broad aspects of procedural due process which are often cited: (1) Notice; (2) Hearing; (3) Impartiality; (4) Counsel; (5) Evidence; and, (6) Decision. Let us discuss each of these procedural requirements in turn: (1) Notice Under procedural due process, an individual is entitled to be given adequate notice of any prospective criminal law proceedings in which he or she will be summoned as a defendant. This is to give the defendant sufficient time to seek advice in regard to his or her available legal options. (2) Hearing Under this aspect of procedural due fairness, before the property or the liberty of an individual is deprived from him or her, he or she is entitled to demand a hearing at which his or her case will be heard and a decision reached in regard to whether the prospective deprivation is justified. Galligan (1996) p349-350 provides a succinct description of the main virtues of upholding the hearing principle: [A] virtue of the hearing principle is that it contributes to better decisions and actions, better that is, in the sense that the facts are decided accurately, the law applied properly, and any discretionary judgements reasonably made. This is so for a number of reasons. One is that the person whose situation is under scrutiny, whose past actions or present circumstances are in issue, will often be able to provide information about the situation which is not otherwise easily available Another reason is that the person affected by a decision may be able to raise other considerations, a part from purely factual matters, which help to shape the decision and perhaps, in that way, contribute to a better outcome. (3) Impartiality This aspect of procedural due process states that the tribunal of decision-makers in a legal hearing must be made up of persons who are wholly impartial towards the defendant, i.e. they must not have any predispositions towards the defendant. The purpose of this procedural requirement is to ensure that any decisions reached by a hearing tribunal are based upon the facts at hand rather than any extraneous and/or irrelevant considerations. Where for example, a decision-maker has had previous personal or business dealings with the defendant, then he or she should, in the interests of procedural due process, resign himself from the hearing of that defendants case, as he cannot be considered impartial. There are many other examples of circumstances under which a decision-maker might not be deemed impartial, but the general rule is that the impartiality of a decision-maker who is pre-disposed towards a defendant prior to the criminal hearing being held must be considered compromised. (4) Counsel Under the doctrine of procedural due process, a defendant is entitled to be given free access to legal representation if he or she is unable to afford or unwilling to provide his or her own representation. The rationale for this aspect of procedural due process is self-evident: It would be grossly unfair to allow a defendants property or liberty to be deprived from him or her without being able to present his or her defence in its best light and most effective legal form- without legal representation it is likely that a defendant will be unable to meet this requirement of fairness. (5) Evidence In order to ensure that a defendant is able to present the most effective case at a criminal hearing, it is not only imperative that he or she has access to all of the evidence that the prosecution will be seeking to rely upon but also imperative that he or she or his or her legal representatives are given an opportunity to conduct their own investigations to acquire evidence which will assist the case for the defence. For one example, a defendant may wish to instruct the services of an expert witness to refute the accuracy of DNA tests which were conducted by the police on behalf of the prosecuting authority. An eloquent summary of this procedural requirement has been provided by the Pennsylvania General Assembly (2006) p45: Especially in cases where a decision rests on questions of fact, it may be necessary to provide an individual not only with the ability to confront and cross-examine adverse witnesses, but also the opportunity for discovery, i.e., investigation and accumulating evidence, in order to give him or her a chance to show that the facts upon which the proposed deprivation is based are untrue. (6) Decision This aspect of procedural due process demands that upon reaching a decision which adversely affects a defendant, for example a decision depriving him or her of his or her property and/or liberty, the decision-making body must not only provide the reasoning for their decision (the ratio descendi) but must identify which pieces of evidence they relied upon to reach their final conclusions. 3. What are the philosophical and/or theoretical justifications for the existence of due process? The importance of the existence of consistent procedures to any legal system cannot be underestimated. As Galligan (1996) p5 notes: Without procedures, law and legal institutions would fail in their purposes. And since law is both necessary and desirable in achieving social goals, procedures are also necessary and must be seen as equal partners in that enterprise. For whatever the context, whether the judicial trial, the administrative decision, or any other form of legal process, procedures are necessary to ensure that the issue is channelled to its right conclusion. Whether the object is to apply a legal standard to the facts, to exercise discretion according to the correct matters, or to settle a dispute by bringing the parties together, procedures have a vital part to play. Let us explore some of these contentions in more detail. One of the fundamental theoretical bases for the insistence of maintaining due process within a legal system is the ‘Rule of Law’. While it is beyond the scope of this paper to engage with the multitude of different definitions and propositions which have been promulgated under the umbrella of this phrase, it should be noted that one of the basic (and universal) tenets of the Rule of Law is that individual freedoms and liberties should be protected from the State’s abuse of its constitutional powers. As Urabe (1990) p61 notes: â€Å"[T]he core of the Rule of Law, which has been supported consistently as a fundamental principle of the English and American constitutions, is that governmental power be bound strictly by law in order to protect individual freedom or liberty. The law exists to protect individual rights and liberties both in substance and procedure.† Lon Fuller’s understanding of the Rule of Law provides some further insight into the theoretical justifications for due process. As Raitio (1003) p143 notes: â€Å"Fuller required that laws should be prospective in application, they should be published and they should comprise clear general rules, which are neither too individualized nor too general and vague. There should be reasonable constancy and consistency among laws, i.e. laws should not be changing all the time, they must not contradict each other and they must not require citizen’s to do the impossible. The conduct of legal officials has to be congruent with the laws, as laid down, which in turn requires that the officials owe the same respect to the same laws as the citizens.[5]† On this basis, one of the fundamental justifications for the existence of due process is to ensure legal certainty in the way that the procedure of the law is applied and followed. By ensuring that procedure remains consistent, not only can individuals be more certain that they are receiving a fair trial, for example, but they will be more aware when their rights are being infringed, and can take the necessary remedial actions, accordingly. Before we move on to examine the various legal bases for modern due process, a few words should be said about the concept of ‘fairness’ and why it is important to ensure that the law is applied via fair procedures. While the answer to this question cannot seem anything other than intuitive, it is nevertheless important to break the question down and answer it from a jurisprudential point of view- after all, if we cannot support this fundamental assumption through reason and logic, then it will be difficult later in this paper to support the introduction of a discriminatory framework of enhanced legal protection for terror suspects on the basis that the current regime is, in places, ‘unfair’. Embedded within the concept of fairness is the concept of justice. It is beyond the scope of this paper to engage with the full range of conceptualizations of ‘justice’ that have been promoted by the various authors in this field. However, it should be noted that present in every conceptualization of justice are the concepts of ‘guilty’ and ‘not-guilty’, and it is with these concepts that this author would like now to engage. As we have seen throughout this section, one of the main aims of due process is to ensure that an individual who’s property or liberty is under threat (as a result of legal action being brought against him), is able to have access to all the resources he requires to be able to present his defence to a fair and impartial tribunal, who will make a decision based upon the evidence presented and the relevant applicable laws. One might be forgiven for thinking that the only aim of due process in this context is to protect the individual. However, this is not the case: It is in the interests of society as a whole, and citizens as a collective, that justice be achieved in each and every case. If the law is seen as being applied within a forum which is unjust, then citizens (as a group) will lose respect for the law, and may engage in criminal activities which otherwise they may have desisted from. In order to maintain the public respect for the law, it is important that public scandals involving abuses of due process are kept to a minimum, and the best way to avoid such scandals is to try and ensure that instances of such abuse are kept to a minimum[6]. In light of the fact that property and liberty are held as being of such high value within our society, it is also important to ensure that these are only taken away from a defendant where there is no reasonable doubt that the criminal justice system is justified in so depriving that person. As Sir William Blackstone famously stated in 1765: â€Å"It is better to let ten guilty men go free than to punish one innocent man†. It is for this reason that the burden of proof in criminal law proceedings has been set so high, and also why the principle of homo praesumitur bonus donec probetur malus[7] has been referred to as the ‘golden thread’ of the criminal law: â€Å"Throughout the web of the English criminal l aw one golden thread is always to be seen—that it is the duty of the prosecution to prove the prisoners guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.[8]† Stevens (2006) summarizes this debate and the benefits of the current position in the following terms: â€Å"Which is fairer, (a) a system of rules so strict that even a few innocent people get unfairly punished; or, (b) a system not so strict that even a few guilty people go unfairly unpunished? Due process of law holds that the second answer is more correct, for many reasons. On a practical level, theres less of a danger to the whole legal system. If your system is convicting a few innocent, chances are its railroading many of the guilty, so youve got two problems on your hands those who are falsely imprisoned and those who have a stronger habeas corpus claim. If your system is letting a few guilty slip through, chances are that those lucky evil-doers might change their ways, or in any case, law enforcement or informal methods of social control can pick up the slack.† While this argument has instant intuitive appeal, it must be noted that the enquiries involved in reaching, for example, Blackstone’s ratio, require no investigation into the nature of the crimes that the ‘guilty’ have been unfairly acquitted of. If, for example, the 10 criminals are guilty of conspiracy to commit mass genocide and also possess deep faith-based motivations which are unlikely to be quashed by a ‘lucky escape’, then is it really justifiable to acquit these criminals in favour of protecting the property and/or liberty of one innocent person? This debate strikes at the very heart of the matter with which this paper is primarily concerned; namely, whether or not it is fair to allow the due process rights of terror suspects to be abused and whether or not special measures ought to be introduced to protect these individuals, who (it must be remembered) have yet to be found guilty by a fair and impartial Court of law of any criminal law offen ces. Let us reserve judgement on these difficult questions until later in this paper, when we have had a chance to fully examine the risks that terror suspects face at the hands of the State, and the risks that the State potentially faces at the hands of terror suspects. 4. What is the legal basis for the existence of due process? The legal sources for procedural due process are various. Some are specific, in that they prescribe a certain procedure to be applied within a certain set of circumstances[9]; and, some are general, in that they provide what might be described as broad yet fundamental human rights. Let us commence with an examination of one of the most commonly cited legal sources for a general right to due process; namely, Article 6 of the European Convention on Human Rights, as enshrined into UK law by the Human Rights Act 1998. Article 6 of the European Convention on Human Rights purports to provide the human right to a ‘fair trial’. In order to understand the scope and limits of this right, let us commence with an examination of the wording of this Article. Article 6 states: â€Å"1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.† The words and phrases which have been highlighted above represent those elements of Article 6 which provide a legal basis for one or more aspects of procedural due process. The majority of these have been discussed in detail earlier in this Chapter: For example, the right to notice[10], the right to a hearing[11], the right to an impartial tribunal[12], the right to counsel[13], the right to examine the evidence against him and perform his own investigations[14], the right to hear the ratio descendi of the decision handed down against him[15] and the right to enjoy the benefits of the doctrine of homo praesumitur bonus donec probetur malus[16]. As we can see, Article 6 provides a general legal basis for each of the aspects of procedural due process which we have identified earlier in this paper. That having been said, this is not the only legal source which provides such a basis. For example, many provisions of the Police and Criminal Evidence Act 1984 provide similar rules of due process[17]. It should also be noted that there are common law sources for some of the rights of due process. For example, there is a common law right to silence which is derived from the principle of homo praesumitur bonus donec probetur malus if a person is innocent until proven guilty and there is insufficient evidence to satisfy the criminal law burden of proof requirements, then it is unacceptable to insist that a defendant incriminates himself or faces a criminal law penalty. This right still exists in English common law, but has been somewhat compromised by the enactment of the Criminal Justice and Public Order Act 1994 which now allows prosecutors to infer meaning from a defendant’s silence. This legal development has been heavily criticized by authors such as Hammerton (2001), who notes: â€Å"An innocent defendant may fail to answer questions in custody or refuse to testify in court for all sorts of reasons. They may regard the police as corrupt and that answering the questions would give the police information that can be used against them. They may believe that if they answer the questions, they or someone they care about might be put in danger from the people who did commit the crime. In short drawing inferences from a defendants silence in custody or in court involves speculation on the motives behind their silence, not solid reasoning that their silence indicates guilt.† 5. Can due process be regarded as being constitutional, at law? The reason that this enquiry has been included within this chapter is to determine to what extent it is legally valid to allow due process to be circumvented via legislation. After all, if it is possible to argue that due process is a fundamental constitutional right, then unless the legislation which provides the legal basis for that right is repealed or modified, then it may be possible to argue that any conflicting non-constitutional legislative provisions are unenforceable. As we have seen in the preceding section of this chapter, one of the legal bases for the right for criminal suspects to enjoy ‘due process’ is Article 6 of the European Convention on Human Rights. This article has been incorporated into UK law by the Human Rights Act 1998. Section 3(1) of this Act states: (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.† Therefore, where a piece of legislation purports to allow a criminal suspect/defendant’s due process rights to be circumvented or abused, if a Court of law is able to reinterpret that legislation in a way which does not lead to the infringement of that right, then it must do so[18]. However, where that legislation cannot be so reinterpreted, the only remedy available to a Court of Law is the ability to be able to issue a ‘declaration of incompatibility’ under section 4 of the 1998 Act which states, inter alia: â€Å"(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility (4) If the court is satisfied— (a) that the provision is incompatible with a Convention right, and (b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility† However, this remedy is really a wolf in sheep’s clothing, because section 4(6) of the Human Rights Act 1998 makes it very clear that â€Å"a declaration of incompatibility (a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and (b) is not binding on the parties to the proceedings in which it is made.† This means that a criminal defendant who has had his due process rights abused by the state, in pursuance of legislation which purports to allow that particular abuse, has no form of redress in the domestic Courts, because even if a declaration of incompatibility is granted, it ‘does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given [and, it] is not binding on the parties to the proceedings in which it is made’. Additionally, a declaration of incompatibility does not place any pressing duty on the Government to re-write the offending legislative provision, so such a declaration will not even ensure that the abuse in question is not repeated in regard to other criminal suspects/ defendants. That having been said the Legislative is usually prompt at remedying legislative provisions which have been declared incompatible. For example in the case of R (on the application of H) v Mental Health Review Tribunal for the North and East London Region The Secretary of the State for Health CA [March 2001] EWCA Civ 415 it was held that section 2 of the Mental Health Act 1983 is incompatible with Article 5(4) of the European Convention on Human Rights because it does not require a Mental Health Review Tribunal to discharge a patient where it could not be proven that the detainees mental health warranted detention. The offending provision was repealed in November of that same year by enacting the Mental He alth Act 1983 (Remedial Order) 2001. In regard to those legal sources discussed earlier which also provide for certain due process rights, because these sources are not contained within the Human Rights Act, but rather within the common law and primary non-constitutional legislation, these can be repealed or supplanted by the enactment of contrary primary legislation. N.B. On a separate note: It will be remembered, the controversy which was caused in the United Kingdom when it was discovered that terror suspects were being held without charge in Belmarsh Prison for periods of up to 3 years[19]. The legal basis for holding prisoners in this way was provided by section 23 of the Anti-terrorism, Crime and Security Act 2001. However, in 2005[20], this section of legislation was held to be incompatible with Article 5 of the Human Rights Act 1998 and the European Convention on Human Rights[21]. These prisoners were subsequently released, their detentions being replaced with Control Orders. In light of the fact that terror suspects no longer face a significant threat from section 23 of the Anti-terrorism, Crime and Security Act 2001, the author of this paper has decided to exclude all further discussion of this source of abuse of due process. While there remains an argument that the imposition of Control Orders on terror suspects also infringe their Arti cle 5 human rights, the author has chosen to exclude discussion of this debate from this paper as this paper is more concerned with abuses of due process suffered while being detained, both pre- and post-charge. In this chapter, we will perform a structures literature review in order to glean a deeper insight into the way that terror suspects in the UK are actually treated by the criminal justice system. From our secondary analysis of case studies, interviews and anecdotal evidence, we will seek to provide an answer to the following question: To what extent are terror suspects more vulnerable to the risk of procedural undue process, within the criminal justice system, than non-terror suspects. In this Chapter we will refrain from engaging with an analysis of the framework of provisions which have been introduced, primarily under the Terrorism Act 2000, to protect terror suspects from abuses of due process. While this analysis is very important, at this stage, such an analysis would only be able to reveal whether or not the current fram

Microsoft As A Monopoly :: Economics

Since the early 1990’s, the United States government and the Microsoft Corporation have ensued upon a battle in the United States courts. The main issue at hand is ultimately money, but one more importantly, the supposed "Microsoft Monopoly." The federal government maintains that Microsoft's monopolistic practices are detrimental to United States citizens, creating higher prices and potentially downgrading software quality, and should therefore be stopped. Microsoft and its supporter’s claim that they are not breaking any laws and they are just doing what they do; making money and providing a service. The only thing Microsoft is guilty of is taking advantage of free enterprise. There have been many arguments and issues that have been raised with the controversy over Microsoft and the U.S. Department of Justice’s claim against Microsoft of monopolistic practices in bundling its internet browser â€Å"Internet Explorer† into its popular Windows computer ope rating system. By doing this, Microsoft would effectively crush its competitors and acquire a monopoly over the software that people use to access the Internet. Sherman Anti-trust Act was passed in 1890. The Sherman Act says â€Å"Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. The Sherman Act also provided for "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony. The Sherman Act put the responsibility in the hands of the government to investigate and prosecute those suspected to be guilty of this crime. In 1914, the Clayton Act was passed in conjunction with the Sherman Anti-trust Act to assist with anti-trust cases. The Clayton Act prohibited price discrimination between different purchasers if such discrimination substantially lessens competition or tends to create a monopoly ion any line of commerce. The Act also prohibits sales on the condition that the buyer or leaser not deal with the competitors of the seller or lesser â€Å"exclusive dealings†, or that the buyer also purchases another different product, but only when these acts substantially lessen competition. Mergers and acquisitions where the effect may substantially lessen competition are prohibited also by the act. The last prohibition of the act is that no person can be the director of two or more competing corporations.

Gene Therapy Essay -- Biology Science Genetics Technology Essays

Gene Therapy Imagine yourself being a parent of a young child suffering from a horrible disease in which you now know to be genetically inherited. This disease is caused from the genes that you and your partner passed on to your child. Now lets say, you can treat this disease or may even be able to cure your child of this disease by altering, modifying, or replacing the genes that cause this disease through a process called gene therapy. Would you do it? I think most of us would answer yes. The option of being able to help our child several years ago may not have seemed possible. Genetic research has made giant leaps over the past decade and now the idea of gene therapy is reality. Through gene therapy it is possible to treat and elevate genetic diseases and mutations. We now have the knowledge and the technology to treat ourselves , our children, and the future generations. In order to make an educated decision, one must be aware of gene therapy itself. When making such a decision of whether to use gene therapy or not it would be beneficial to understand the technical aspects of gene therapy. It is also important to understand how gene therapy treats an individual, what it can be used to treat, and the previous trials and successes of the use of gene therapy. Or a person may find it worthwhile to know how the public perceives gene therapy and the overall consensus on its usage. After obtaining all of this knowledge, the decision of whether or not to use gene therapy should be able to be made confidently. Gene Therapy and the Technical Aspects Gene therapy is a means of treating diseases based on modifying the expression of a person's genes towards the therapeutic goal. Gene therapy could be used in treating letha... ... and thus will make the difference in life and death of our loved ones and ourselves. References Biotech Applied. Gene Therapy- An Overview. Biotechnology Industry Organization, 1990. Obtained from the WWW 9/3/98: http://www.gene. com/AE/AB/IWT/Gene_Therapy_Overview.html Bruce, Donald M.. Moral and Ethical Issues in Gene Therapy. Society, Religion and Technology Project(Church of Scotland), 1996. Obtained from the WWW 9/18/98: http://webzone1.co.uk/w ww/srtproject/genthpy1.htm Grace, Eric S.. Better Health Through Gene Therapy. The Futurist Jan- Feb 1998, v32, n1, p39(4). Obtained through Pals. Rifkin, Jeremy. The Ultimate Therapy. Tikkun May-June 1998, v1, n3, p33(7) Obtained from WebPals on 10/6/98. Wilson, Jim. Institute for Human Gene Therapy. Last modified: 10/20/97.Obtained form the WWW 9/3/98:http://www.med.upenn.edu /ihgt/info/whatisgt.html

Gender †Wage Gap Essay

Within Australia’s workforce history, there has been a strong presence of the gender wage gap between men and women. The differences in wages between men and women still seem to persist in today’s society (Sap 1993). A study by van Wanrooy (2009) suggests that even though there is an increase of women in the labour market, they still have the caring responsibilities, looking to juggle work and family. Throughout the workforce, there is still a significant barrier present which suggests that the ‘male breadwinner’ is still the evident employment model in Australia (van Wanrooy 2009). Women seem to have a people and family first approach to work, while men tend to respect their work life and value money more (Pon and Nyhus 2012).Women’s struggle within the labour market often results from the lack of bargaining power within their chosen occupation and their skills (Preston and Jefferson 2007). Firstly, this essay will discuss the relationship between bargaining power and the current issue of the gender wage gap within Australia. This essay will explore the reasons as to why women struggle to bargain with their employers on the issue of wages and fair working conditions. Secondly, this essay with explore why the difference in personality traits between men and women contribute to the gender wage gap. A striking explanation for the present gender wage gap within the Australian workforce is the lack of bargaining power that women currently hold in their workplaces. Within Australia, women generally work in low paid and low skill occupations. This in turn limits their access to representation and strong bargaining power when it comes to negotiating pay outcomes, particularly in part time jobs (van Wanrooy 2009). As previously stated, women tend to work in low skilled jobs which then disadvantages their bargaining power. Van Wanrooy (2009) states that those people with high skill levels within their occupation are seen to have more confidence and motivation towards bargaining for more desirable pay and work conditions. Furthermore, this  suggests that men have a higher bargaining power over women. This is due to the fact that 46% of women are more likely to be given work in a lower skilled job compared to the low 36% of men that are employed in low skilled jobs (van Wanrooy 2009). This then gives men a greater opportunity to bargain for better wages, while decreasing women’s contingency to narrow the gender wage gap through bargaining power. The segmentation of women into low paid jobs and occupations has clearly limited access to bargaining power, and resulted in women relying on minimum wages distributed through the reward system (van Wanrooy 2009). In a study by Frino and Whitehouse (2003) , it is also seen that with the over representation of women in the award only sector, this clearly disadvantages women in seeking higher bargaining power and doesn’t decrease the persistent gender wage gap. As female workers are more likely to work in industries with 100 employees or less, this jeopardises the chance to gain bargaining power to negotiate wages through union s. This is due to the fact that there is a lower chance of unions to be present in smaller businesses (van Wanrooy 2009). This creates an issue for women as they are the ones that need protection and the bargaining power of the unions. While women in low skilled occupations are less likely to be union members, union membership is almost doubled when it comes to men in the same occupation (van Wanrooy 2009). With women in low qualified jobs, less likely to be union members, this impacts their ability to collaborate with their employers over the issue in the wage gap between genders. Within the labour market, it is demonstrated that because of the difference in personality traits between genders, women are often less rewarded then men (Pon and Nyhus 2011). In the labour rmarket, earnings, employment, promotion and productivity can all be influenced by personality traits (Linz and Semykina 2010). As employees, personality traits determine the amount of effort and productivity brought forward in the workplace, influencing the way they act towards incentives (Pon and Nyhus 2011). According to Pon and Nyhus (2011), women tend to be more cautious and less competitive compared to men. The lack of competitiveness by women can then lead to women staying in a particular job for longer, accepting the lower salary, not wanting to compete for other high paying jobs. As women are found to be the most  agreeable in the workforce compared to men (Pon and Nyhus 2011), this reflects upon women negatively as they are more willing to agree to first offers by employers, most often resulting agreeing to a low paid job. Personality difference and behaviours between men and women could potentially grow to wage differences and could partly explain the gender wage gap (Pon and Nythus 2011). Interesting findings from a study conducted by Hogue, Singleton and Yoder (2007) identified that women are found to hold beliefs about themselves that include having a lower self worth and a depressed entitlement. This is then reflects a lower social status, but when their status is lifted, their wage entitlement also lifts. Whereas men believe that they deserve higher wages even though their abilities and performance may not reflect worthy of a higher wage (Hogue, Singleton and Yoder 2007). On average, women are less emotionally stable compared to their male counterparts, with emotionally stable people predicted to earn more than those that are emotionally unstable (de Jong and Need 2008). This could begin to explain why women are being paid less and why the gender wage gap is still prevalent in today’s society. De Jong and Need (2008) also found within their study that people who class themselves as sociable expect to earn less than those that are more career orientated. On average, women tend to be more sociable then men (de Jong and Need 2008). It is also evident that those who are more intellectual receive higer wages, with men tending to be more intellectual than women (de Jong and Need 2008). These three personality traits that affect a person’s earning and wages could be linked to the gender wage gap as women who are emotionally unstable and more sociable would be less career focused and motivated compared to men in their workplace. In summary, there are many explanations for the current gender wage gap in Australia. This essay has revealed two in depth explanations as to why the gender wage gap still persists. From the use a previous research, this essay has identified those two explanations, the lack of bargaining power of women and the influence of personality traits on income, as accurate explanations of why the gender wage gap is still evident in society today. Each arguments are valid within Australia’s workforce and suggest that further research  should be conducted to identify further trends of the gender wage gap, and possibly enforce new rules and regulations to help combat the gender wage gap and promote equity between male and female employees. REFERNCES Frino, B & Whitehouse, G 2008, ‘Women, wages and Industrial Agreements’, Australian Journal of Labour Economics, vol. 6, no. 4, pp. 579-596, viewed 27th April 2012, via Informit Hogue, M, Yoder, JD & Singleton, SB 2007, ‘The Gender Wage Gap: An explanation of men’s elevated wage entitlement’, Sex Roles, vol. 56, no. 9-10, pp. 573-579, viewed 01st May 2012, SpringerLink, DOI 10.1007/s1119-007-9199-z Jefferson, T & Preston, A 2007, ‘Trends in Australia’s Gender-wage ratio’, Labour and Industry, vol. 18, no. 2, pp. 69-84, viewed 27th April 2012, via ProQuest Central Linz, SJ & Semykina, A 2012, ‘Analysing the gender pay gap in transition economies: How much does personality matter’, Human Relations, vol. 63, no. 4, pp. 447-469, viewed 30th April 2012, SAGE Premier 2012, DOI 10.1177/0018726709339094 Need, A & de Jong, U 2008, ‘Personality traits and gender-specific income expectations in Dutch higher education’, Social Indicators Research, vol. 86, no. 1, pp. 113-128, viewed 30th April 2012, SpringerLink, DOI 10.1007/s11205-007-9104-8 Nyhus, EK & Pons, E 2011, ‘Personality and the gender wage gap’, Applied Economics, vol. 44, no. 1, pp. 105-118, viewed 27th April 2012, Taylor & Francis Online Library, DOI 10.1080/00036846.2010.500272 Sap, J 1993, ‘Baragining power and wages: A game-theoretic model of gender differences in unions wage bargaining’, Labour Economics, vol. 1, no. 1, pp. 25-48, viewed 27th April 2012, Science Direct database, DOI 10.1016/0927-537(93)90004-2 Van Wanrooy, B 2009, ‘Women at work in Australia: Bargaining a Better Position?†, Australian Bulletin of Labour, vol. 35, no. 4, pp. 611-628, viewed 27th April 2012, via ProQuest Central

Matthew Harrison Brandy Essay

I am delighted to write to you this letter. I believe you are fine and ready to join me in celebrating the success of Matthew Harrison Brandy. Harrison with no doubt deserves kudos for this success. According to Genesis 1:1-3, God himself was and everything that became originated from Him. Thus God gives ability to all beings to be what He wants. Matthew argues that God did not give man mind to abandon his faith as Darwin did. Evidently in Genesis 3, Adam and Eve disobeyed God. In verses 5, the serpent lied to Adam that if they knew the truth, they would discover between good and evil (Milligan W. R, 1999). The individual mind of human should not be used as a tool to abandon the faith. Matthew gives an example of a sponge. He says, â€Å"Biblically a sponge would think if God allowed it to†. Yet still it ill not abandon its position unless it is displaced. This implies that all creatures made by God have the same privilege; they only differ on their purposes. Although Drummond uses Darwin’s theory of evaluation, it is clear that he does not cite the origin of creatures. His argument is biased since Darwin himself was a Christian believer became an atheist. This indicates that Darwin abandoned his orthodox Christian belief. It is true that revelations are given by God, and all living beings were created by the word of God as Brandy says in his argument. The created things multiplied there after as God commanded them. The argument of design cites back on a supreme intelligent being-God. He designed everything and they were good unto him (Milligan W. R, 1999). God had power to order creation of all things like water, heaven earth and other things. His intellect cannot be challenged. It is a great crime to make people believe in the law of evolution. sIt has flaws and confusions Darwin admit his guilt when he says that he lost direction after he abandoned his Christian faith. Fascinating observations from his thought became misleading. Darwin failed to give credit to God for creating all things. Matthew illustrates that man needed to have control in the garden Eden. In Darwinism he admits that man could not be trusted to make grand decisions. This implies he needed control which contradicts the theory of evolution. He further contradicts himself in explaining the origin of species. The wonderful universe could not be a result of blind chance. This is quite erroneous. Besides, how can man be a descendant of an ape? Man’s mind by no-means has no relation to a monkeys mind. After Adam and Eve had sinned, God gave them punishment. The same plague befell Darwin after he deviated from his orthodox faith. He therefore lost the voice of his conscience and reasoning. His spiritual and emotional aspects became weak. This made him have baseless philosophies. By having Henry support evolution, it is like he is insane. Only birds of the same feathers flock together. Matthew has no struggle to win the trial. In court, Henry looks sleepy and at one point he was told to wake up. Scientist offer sacrifice to their gods and this reveals a great deal of confusion and self destruction of life. Henry needs to believe in the supreme God. I am indeed happy that people will change and stand up to defend their belief that God is the creator of all things. Unthinkable conformity and censorship should be avoided for as a man thinks, so he is. Work cited Milligan W. R. The holy bible: new and old testaments. London: king James, 1999.

Credit Protection Worksheet - 627 Words

University of Phoenix Material Credit Protection and Identity Theft Directions Refer to: Free Credit Report on the Federal Trade Commission’s site. Identity Theft resource center on the Federal Trade Commission’s site. Provide answers to three of the following questions based on your readings and your personal experiences. Answers should be 100-to 150-words each. 1. If you find errors on your credit report, what steps would you take to correct them? If you find errors on your credit report, there are several steps you need to take. Under FCRA, the credit reporting company and information provider are responsible for correcting any inaccurate information on your credit report. You need to write a letter to†¦show more content†¦3. Have you, a family member, or a friend been a victim of identity theft? How did it happen? Describe the resolution process- ex. how much time did it take, what credit damage was corrected? My grand mother had her identity stolen once. We found out the elderly are a common victim of identity theft. An entire year went by before she knew her identity was stolen and the only reason she found out was because she found out she was missing money from her account each month to the point that her mortgage payment was not being paid in full each month. She was under the impression the bank took care of everything, her husband was taking care of the finances but he passed away so everything started to unravel. Once she found out she owed the bank a lot of money toward her mortgage and was very behind on payments. She never found out who did it, had to get all new cards and numbers, and is still paying for it today. 4. Using the FTC site, what can you do to minimize the chance of your identity getting stolen? There are many ways to minimize the chance of getting your identity stolen such as; keeping or shredding all documents with your name, address, any important numbers like your social security number or bank account numbers. If you need these papers, put them in a lockable fire safe. There are also web sites called â€Å"Active Duty Alerts† that can helpShow MoreRelatedCredit Protection Worksheet671 Words   |  3 PagesCredit Protection Worksheet FP/101-Foundations of Personal Finance Credit Protection and Identity Theft Directions Refer to: Free Credit Report on the Federal Trade Commission’s site. Identity Theft resource center on the Federal Trade Commission’s site. Provide answers to three of the following questions based on your readings and your personal experiences. Answers should be 100-to 150-words each. 1. 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Theme Of Domestic Violence In Wuthering Heights - 1060 Words

In Wuthering Heights by Emily Brontà « (1847), there are multiple genres, notably Gothic and Domestic. The usually very distinct genres of Domestic and Gothic are mixed together so well in the book that it makes it impossible to categorise it properly as only one or the other. Emily Rena-Dozier makes the claim that â€Å"Wuthering Heights†¦carefully breaks down [the] opposition between gothic and domestic [genres] by illustrating the ways in which the domestic is predicated on acts of violence† (760). This essay will examine the story in regards to Rena-Dozier’s statement, at how Wuthering Heights uses the contrasting genres of Gothic and Domestic to illustrate how each can be found in the other, and how this combination of the two†¦show more content†¦She talks about her daily life which involves the caring of the children and looking after the house, both very domestic features, and most of the story, and her life, are set in and around the house. As the strongest maternal character in the story, her descriptions of the children are often loving but she is not afraid to talk truthfully about their bad aspects. The narrative following the main character’s growth from children to adults, the five marriages that take place in the two households, and the changes of character’s hierarchy in society, all very domestic elements. Though Nelly has this maternal view and love of the younger generations under her care, she is still frightened by them, notably during Heathcliff’s final days with his sudden metamorphosis in mood from his general sullenness to being â€Å"uncommonly animated† (Brontà « 328). During this time Nelly is quite unnerved by his drastically changed demeanour and one night goes to take him some supper. She is terrified by what she sees in his room, â€Å"The light flashed on his features†¦ I cannot express what a terrible view I got, by that momentary view! Those dee p black eyes! That smile, and ghastly paleness! 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