Inchoate offences Essay

The word inchoate offence in ordinary sense means just begun or undeveloped. An inchoate can be defined as a preparation for committing a crime. The Inchoate offences can also be termed as preliminary crimes or anticipatory crimes. Inchoate offence â€Å"has been defined as conduct deemed criminal without actual harm being done provided that the harm that would have occurred is one the law tries to prevent†.. For an inchoate offence there must be Mens Rea and in some cases there must be Actus Reus also. If A after procuring a loaded gun fires at B but however B escapes, but even though A will be liable for punishment for attempting the offense. And also in above case there exists _Mens Rea_ and _Actus Reus_ but however it does not made any injury. This illustration can be categorized into an inchoate offence. Criminal liability is not limited to those people who succeed in committing it also exceeds to those who try to commit and offence whether they succeed or fails are not in question of matter. ‘The Indian Penal Code 1860 has accordingly made provision for the punishment of persons involved in such preparatory acts in order to prevent the crimes from being committed’.[1: Gaines, L. K., Kaune, M., & Miller, R. L. (2001). Criminal justice in action: The core. Australia: Wadsworth Pub.][2: Guar, K. D. (2008). Preliminary crimes. In criminal law: cases and materials (5th ed., p. 245). New Delhi, India: LexisNexis Butterworth’s.] _’Actus Non Facit Reum Nisi Mens Sit Rea_ insists that no criminal liability can generally be fastened to an individual for merely either having guilty mind or an evil design (_mens rea_) or committing a blame worthy prohibited act (_actus reus_ ) unaccompanied with the required culpable state of mind or requisite foresight of its evil consequences’.[3: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Attempt. In PSA Pillai’s Criminal law (11th ed., p. 179). New Delhi, India: LexisNexis Butterworths.] According to English law the crime which penalise conduct before the commission of the crime are known as inchoate offences. Common law has developed the three types of inchoate offences such as attempt, conspiracy and incitement. It classify attempts as (where the defendant has taken steps â€Å"towards carrying out a complete crime†, incitement, where the defendant has encouraged others to commit a crime, and conspiracy, where the defendant has agreed with others to commit a crime. In each case, the defendant â€Å"has not himself performed the actus reus but is sufficiently close to doing so or persuading others to do so, for the law to find it appropriate to punish him†).[4: Inchoate offences in English law – Wikipedia, the free encyclopaedia. . Retrieved March 29, 2014, from http://en.wikipedia.org/wiki/Inchoate_offences_in_English_law] TYPES OF INCHOATE OFFENCES I.CRIMINAL ATTEMT ‘Attempt in criminal law is an offense that occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not in fact commit it’.’In English law, an attempt is defined as ‘doing an act which is more than merely preparatory to the commission of the offence’ according to the Criminal Attempts Act 1981†².Mainly there are three types of criminal attempt. The first one is a complete attempt that when a person takes every action required to commit a crime but fails to succeed it that is for example A after procuring a loaded gun fires at B but however B escapes , this is a complete attempt. Second one is an incomplete attempt. This is when a person abandons or is prevented from completing a crime due to an event beyond his control such as due to the arrival of police on the spot etc. can be categorised in this type. Next one is an impossible attempt. It arises when the convict makes a mistake in committing a crime for example firing the gun only to realize that it was not loaded.[5: Attempt – Wikipedia, the free encyclopaedia. . Retrieved March 30, 2014, from http://en.wikipedia.org/wiki/Attempt][6: Herring, Jonathan (2013). Criminal Law Statutes 2011-2012. Hoboken: Taylor and Francis.] ‘It can be drawn that criminal offenses by a person have four distinct stages. The formation of the intention to commit it; The preparations for commission of the contemplated crimes; The attempt to commit it ; If the third stage is successful, the commission of the intended crime.'[7: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Attempt. In PSA Pillai’s Criminal law (11th ed., p. 177). New Delhi, India: LexisNexis Butterworths.] Among these, criminal law does not penalise the first two stages because it is not possible to look so deep into the mind of a person to prove his inner intention. In early times criminal attempt was not punished under common law or by Indian Penal Code 1960. This is because, ‘if the intention and the  preparation were made punishable it would be impossible to prove that the object of n accused was to commit an offense’.[8: Guar, K. D. (2008). preliminary crimes. In Criminal Law: Cases and Materials (5th ed., p. 263). New Delhi, India: LexisNexis Butterworths.] ‘Early common law did not punish attempts; the law of attempt was not recognised by common law until the case of _Rex v. Scofield_ in 1784’.[9: Lippmann M. (2010). Contemporary Criminal Law, 2nd Ed and Texas State Supplement for Lippmann’s Contemporary Criminal Law, 2nd Ed. Sage Pubns.] Mainly there exists three elements for a criminal attempt they are firstly an intention to commit a crime, secondly an act towards the commission of the crime and thirdly a failure to commit crime. CRIMINAL ATTEMPT UNDER THE INDIAN PENAL CODE 1860 Attempt to commit offences in general under s 511 of the IPC 1860; _Abhayanand Mishra v State of Bihar_ [10: AIR 1961 SC 1698] _Malkiat Singh v State of Punjab_[11: AIR 1970 SC 713] Attempt to commit capital offences , like murder , culpable homicide and robbery ;[12: Indian Penal Code 1860,ss 307, 308 and 309] _Om Prakash v State of Punjab_[13: AIR 1961 SC 1782] _Emperor v Vasudeo Balvant Gogte_[14: AIR1932 Bom 279] Attempt to commit suicide;[15: Indian Penal Code 1860, s 309] Attempt to commit crime against state, head of state, sediction etc.; [16: Indian Penal Code 1860,ss 121, 124, 124A ,125, 130 ,131, 152, 153A, 161 ,162 ,163 ,165 ,196, 198, 200, 213 ,239 ,240, 241 ,251 ,385 ,387 ,389, 391 ,397 ,398 and 460] MENS REA IN CRIMINAL ATTEMPT â€Å"_Mens Rea_ in inchoate offense is not merely a condition of fault. It is a component of the danger of criminal harm that determines the need for forceful intervention†. A criminal intention includes a dual intention , those are an individual must intentionally do an act that are proximate to completion of a crime and the other one is that an individual must possess the specific intent or purpose to achieve criminal objective.[17: Enker, A. N. (1977). Mens Rea and Criminal Attempt. Law and Social Inquiry-journal of The American Bar Foundation, 2(4), 845. doi:10.1111/j.1747-4469.1977.tb00733.x] ACTUS REUS IN CRIMINAL ATTEMPT In criminal attempt, the objective approach requires an act that comes extremely close to the commission of the crime. It also distinguishes preparation or the planning and purchasing of the materials to commit a crime. And the objective approach stresses the danger posed by a defendant’s acts; the subjective approach focuses on the danger to society presented by a defendant who possesses a criminal intent. There also exists subjective approach to attempt focuses on an individual’s intent rather than on his or her acts. FIVE TESTSBY COURTS It is simple to say that an attempt to commit offence begins where preparation to commit it ends, but it is difficult to find out where one ends and the other begins. To solve this riddle various tests have been laid down by the courts. These are as follows: 1) The Proximity Test: – Proximity cause as explains is the causal factor which is closes, not necessarily in time or space, but in efficacy to some harmful consequences; in other words, it must be sufficiently near the accomplishment of the substantive offence. In Sudhir kumar Mukherjee v state of west Bengal and Abhayanand Mishra v The State Of Bihar, the Supreme Court explained the offence of attempt with help of the proximity test, saying that:-[18: AIR 1973 SC 2655][19: AIR 1961 SC 1698] â€Å"A person commits the offence of ‘attempt to commit a particular offence’ when- a) He intends to commit that particular offence; and b) He having made preparation with the intention to commit the offence, does an act towards its commission; such an act need not to be the penultimate act towards the commission of that offence but must be an act during the course of committing that offence. 2) The Locus Poenitentiae test:- The Latin expression speaks about time for repentance. In Locus Poenitentiae the word Locus means, a place,- a word frequently used to denote the place in or at which some material act or even such as crime, delict or breach of contract took place. Locus Poenitentiae means the opportunity to withdraw from a bargain before it has become fully Constituted and become binding. In simple language an act will amount to a mere preparation if a man on his own accord, before the criminal act is carried out, gives it up. It is, thus, possible that he might of its own accord, or because of the fear of unpleasant consequences that might follow, desists from the completed attempt. If this happens, he does not go beyond the limits of preparation and does not enter the arena of attempt. He is, thus at the stage of preparation which cannot be punished. 3) Impossibility Test ‘An act which is impossible to commit cannot be attempted and so it is not culpable’. In ‘Asagarali Pradhaniu v. Emperor’, what the appellant did was not an â€Å"act done towards the commission of offence†, and therefore, he could not be convicted. But in a Malaysian case the accused was held liable for an  attempt to cause abortion when the woman was not pregnant. Even the appeal court held the accused liable because the circumstances in this case seemed to be exactly covered by the illustration to section 511 IPC. The act itself is impossible of performance and yet it constitutes an offence of attempt to commit crime. This was precisely the position in English Law before Houghton v. Smith case.[20: Gaur, K. D. (1998). Indian Penal Code (2nd ed., pp. 696-707). Oxford IBH.][21: (1934) ILR 61, 64] In ‘_R v. Shivpuri’_ it has been held that, if the mental element has proceeded to commit the act but failed his responsibility for attempt would be evaluated in the light of facts as he thought them to be (putative facts).[22: (1934) ILR 61, 64] 4) Social Danger Test In order to distinguished and differentiate an act of attempt from an act of preparation the following factors are contributed. A) The seriousness of the crime attempted; B) The apprehension of the social danger involved. In this test the accused’s conduct is no examined only partially but the consequences of the circumstances and the fullness of the facts are taken into consideration. For example, A administers some drugs to a pregnant woman in order to do abortion. However, they do not produce the result. In spite of this A would be held liable for an attempt from the view point of the social danger test, as his act would cause as alarm to society causing social repercussions. 5) The Equivocality test: It is a situation wherein there are two opinions about the crime here, an attempt is an act of such a nature that it speaks for itself or that it is in itself evidence of the criminal intent with which it is done. A criminal  attempt bears criminal intent upon its face. In other words, if what is done indicates unequivocally and beyond reasonable doubt the intention to commit the offence, it is an attempt, or else it is a mere preparation. CASES The Case of _State of Maharashtra v. Mohd.Yakub_ A jeep driven by the respondent and a truck was stopped at about midnight near a bridge. The respondents started removing the bundle from the truck. At this time customs officials acting on a clue reached the spot and accosted the respondents. At the same time, the sound of a mechanized sea-crafts engine was heard near the side of the creek. Two persons from the neighbourhood were called and in their presence silver ingots were recovered from the vehicles. Respondent no-1 had a pistol, a knife and some currency notes. On the questioning it was found that the respondents were not the dealers in silver. The trial court convicted the accused u/s 135(1) (a) read with section 135(2) of the Customs Act for attempting to smuggle out of India silver ingots worth about Rs. 8 lakhs in violation of Foreign Exchange Regulation Act, the Imports and Exports (control) Act and the Custom Act. But the Additional session judge acquitted them on the ground that the facts proved by the prosecution fell short of establishing that the accused had ‘attempted’ to export silver in contravention of the Law. The High Court upheld the acquittal. The Supreme Court however allowed the appeal and set aside the acquittal.[23: (1980) 3 SCC 57] The reasoning behind the imposition of responsibility for criminal attempts has been stated to be to control dangerous conduct or person. For the commission of crime by person involves four stages viz, formation of the intention or mental element, preparation for commission of crime, acting on the basis of preparation, commission of the act resulting in an event proscribed by law. To criminalize attempts these four stages are involved but the last stage fails to complete. As stated by Kenny, criminal liability will not begin until the offender has done some act which not only manifests his mens rea but also goes some way towards carrying out it. In this regard, to commit offence of attempt mens rea, preparation and actus Reus are  necessary values but the actus Reus is failed to be completed. These values generally criminalize the attempt and impose criminal liability on the person who commits the offence of Attempt. 2. CRIMINAL CONSPIRACY Criminal conspiracy can be defined as ‘secret plan by a group of people to do something harmful or illegal’. The crime of conspiracy is comprised of an agreement between two or more persons to commit a criminal act. ‘Criminal law in some countries or for some conspiracies may require that at least one overt act must also have been undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offence). For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced’.Conspiracy has been defined in the US as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions.[24: Manser, M. H., & McGauran, F. (2005). c. In Oxford learner’s pocket dictionary (3rd Ed.). Oxford: Oxford University Press.][25: Conspiracy (criminal) – Wikipedia, the free encyclopaedia. Retrieved March 30, 2014, from http://en.wikipedia.org/wiki/Conspiracy_(criminal)][26: Conspiracy Law & Legal Definition. Retrieved from http://definitions.uslegal.com/c/conspiracy/] Section 120A of the Indian Penal Code 1860 say that members of criminal conspirators are jointly liable for the conspiracy to commit an offence and s 120B provides the punishment in such cases.the Supreme court held in the Krishna Govind Patil v State of Maharashtra that the pre-arranged plan may develop on the spot during the course of the omission of the offence but the crucial circumstances is that it must precede the act constituting the offence. When on the shouts for help given by the complaint and the injured, others came to their rescue , all of them ran away together .the accused  in the furtherance of that common intention began to remove the cheaper and when Ram ha rakh obstructed, they beat him and the others who came to resists their attack and aggression.[27: Gaur, H. S., Desai, M. C., Kumar, G., & Sethi, R. B. (2000). The penal law of India: Being an analytical, critical & expository commentary on the Indian Penal Code (Act XLV of 1860) as amended up to date (11th ed., pp. 1101-1131). Allahabad: Law Publishers.][28: AIR 1963 SC1413][29: Gaur, K. D. (2008). Preliminary crimes. In Criminal law: Cases and materials (5th ed., p. 237). New Delhi: LexisNexis Butterworths] According to Indian Penal Code 1860 conspiracy is a substantive offence.it exists in the very agreement. Between two or more persons to commit a criminal offence, irrespective of the further consideration whether or not the offence has actually been committed.[30: Bimbadhar Pradhan v State of Orissa AIR 1956 SC 469] Among the other inchoate offences criminal conspiracy is the most complicate one.it can also be seemed to be arbitrary. ‘If the mere intention of one person to commit crime is not criminal, why should the agreement of two people to do it make criminal? The only possible reply is that the law is fearful of numbers, and that the act of agreeing to offend is regarded as such a decisive step as to justify its own criminal sanction.'[31: Williams, G. L. (1983). The General Part. In Textbook of criminal law (2nd ed., p. 420). London: Stevens’s sons.] ACTUS REUS IN CONSPIRACY The actus Reus of criminal conspiracy is that entering to an agreement to commit crime. The mens rea of conspiracy is the intent to achieve the object of agreement. The House of Lords in Churchill v Walton held that in relation to strict offences the accused is guilty only if he knows of the circumstances. Accordingly, an agreement to commit a strict offence requires mens rea. There are mainly two types of conspiracy they are a chain conspiracy which involves communication and cooperation by individuals linked together in a vertical chain to achieve a criminal intent and next is  a network type conspiracy which involves a single person or group that serves as a hub or common core connecting various individuals or spokes. ‘Following R v Churchill [1967] HL the Law Commission reported on Conspiracy and Criminal Law Reform (Law Com no 76):†What the prosecution ought to have to prove is that the defendant agreed with another person that a course of conduct should be pursued which would result, if completed, in the commission of a criminal offence, and further that they both knew any facts they would need to know to make them aware that the agreed course of conduct would result in the commission of the offence. â€Å"This report led to the enactment of the Criminal Law Act 1977.Conspiracy imposes criminal liability on the basis of a person’s intention. This is a different harm from the commission of the substantive offence. The intention which is criminalised in the offence of conspiracy should itself be blameworthy, irrespective of the provisions of the substantive offence. A conspiracy is looking to the future. It is an agreement about future conduct. Section 1(1) Criminal Law Act 1977†³Ã¢â‚¬ ¦if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions †¦ (a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement †¦he is guilty of conspiracy to commit the offence or offences in question.† The actus Reus of conspiracy is complete in the making of an agreement in which the parties int end to carry out their agreement. The offence is complete even if the parties do not carry out their agreement. The offence is complete even if the substantive offence is not thereafter committed by any of the conspirators or by anyone else.'[32: ixthformlaw.info/01_modules/mod3a/3_10_principles/15_principles_prelim_conspiracy.htm] CRIMINAL OBJECTIVES[33: Lippmann M. (2010). Contemporary Criminal Law, 2nd Ed and Texas State Supplement for Lippmann’s Contemporary Criminal Law, 2nd Ed. Sage Pubns.] a. Modern statutes generally limit the criminal objectives of conspiracy to agreements to commit crimes b. Wharton’s Rule provides that an agreement by two persons to commit a crime requires the voluntary and cooperative actions of two persons that cannot constitute a conspiracy c. The Gebardi rule provides that an individual who is in a class of persons that are excluded from criminal liability under a statute may not be charged with a conspiracy to violate the same law. According to Indian Penal Code 1860, it contained only two provisions by which conspiracy was made punishable. Later in ‘mulcahy v r the judge ruled that A conspiracy consists not merely in the intention of two or more but in the agreement of two or more to do an unlawful act, or to doe lawful means . So longs as such a design rest in the intention, only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself, and the act of each of the parties, promise against promise actus contra actum culpable of being enforced if lawful , punishable if for a criminal object or for the use of criminal means.'[34: (1860) LR 3 HL 306.] 3. ABETMENT Abetment of a crime means instigating, inciting or encouraging a crime. A person who engages in abetment of a crime is also punishable under law. An Abetment can take place in three ways they are abetment by Instigation, abetment by Conspiracy and abetment by Intentional Aiding. When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either him or jointly with any other person an abetment happens. People who commit an abetment are titled as an abettor. ‘A person abets the doing of a thing, who- Instigates any person to do that thing; Engages with one or more other person or persons in any conspiracy for doing of fact of that thing ,if an act or illegal omission takes place in pursuance of that conspiracy ,and in order to the doing of that thing ; or Intentionally aids, by any act or illegal omission, the doing of that thing.'[35: Gaur, K. D. (2008). Preliminary crimes. In Criminal law: Cases and materials (5th ed., p. 246). New Delhi: LexisNexis Butterworths.] MENS REA IN ABETMENT It is essential to note that when considering the law relating to abetment is the requirement of mens rea as a precondition of liability.it has been held in shrilal v state of Madhya breaththat in order to convict a person of abetting the commit ion of a crime, it is absolutely necessary to connect him with those steps of the transaction which are innocent, but in some way or other, it is absolutely necessary to connect him with those steps which are criminal.[36: AIR 1953 MB 155] ABETMENT BY CONSPIRACY A person is said to be abettor when he commit offence that is entering an agreement with one or more persons to do a legal act by illegal manner. For an illustration A, a watchman of house enters in an agreement with the thief to keep open the gate of that house in night so that they might commit theft. An act or illegal omission should have taken place in pursuance of the conspiracy and in order for the commission of the conspiracy conspired for; in the latter offence , the mere agreement if it is one to commit an offence , is sufficient.to prove the charge of abetment by conspiracy , the prosecution is required to prove that the abettor has instigated the doing of a particular thing or engaged with one or more other person or persons in any conspiracy for the doing of that thing or intentionally aided by an act or illegal omission , doing that thing.[37: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Abetment. In PSA Pillai’s Criminal law (11th ed., p. 204). New Delhi , India: LexisNexis Butterworths.] INGREDIENTS OF ABETMENT [38: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Abetment. In PSA Pillai’s Criminal law (11th ed., p. 210-211). New Delhi, India: LexisNexis Butterworths.] Abetment of illegal omission is an offence Abetted act need not be committed: effect of abetment is immaterial. Person abetted need not be culpable of committing an offence Abetment of an abetment is an offence Abettor need not concert in abetment by conspiracy. CASES In _Faguna kanta Nath v state of Assam_ , One Narendra Nath was carrying paddy to sell in the market when he was obstruct by an inspector accompanied by appellant and two others and demanded Rs. 200 as bribe but he was forced to pay Rs 150 at the spot and to execute promissory note of Rs 70 in favour of the appellant. The appellant was tried and convicted under S 165A of Indian Penal Code 1860 for having abetted the Inspector for taking gratification other than legal remuneration in respect of an official act by the latter under s161. The High court maintained the conviction of the appellant. [39: AIR 1959SC 673] 4. OTHER TYPES OF INCHOATE OFFENCES: SOLICITATION AND INCITEMENT 1.SOLICITATION Literally, solicitation means â€Å"urgently asking†. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services. Legal status may be specific to the time and/or place where solicitation occurs.Solicitation can also be defined as commanding, hiring, or encouraging another person to commit a crime. Solicitation usually results in a punishment slightly less severe or equivalent to the crime solicited. ‘Criminal solicitation is requesting, encouraging or demanding someone to engage in criminal conduct, with the  intent to facilitate or contribute to the commission of that crime’. [40: Solicitation – Wikipedia, the free encyclopaedia. . Retrieved March 31, 2014, from http://en.wikipedia.org/wiki/Solicitation][41: Solicitation – Find Law. . Retrieved March 29, 2014, from http://criminal.findlaw.com/cr iminal-charges/solicitation.html] THE CRIME OF SOLICITATION The mens rea of solicitation requires a specific intent or purpose that another individual commit a crime. The _Actus Reus_ of solicitation requires an effort to get another person to commit a crime. The crime is complete, the moment the statement requesting another to commit a crime is made. A statement justifying or hoping is not sufficient; there must be an effort to get another person to commit a crime. An individual is guilty of solicitation even in instances that a letter asking others to commit a crime is intercepted and does not reach the intended target. ELEMENTS OF SOLICITATION Though state laws vary, to be guilty of solicitation, one must request that someone else engage in criminal conduct and have an intention to engage in criminal conduct with that person. States vary as to whether the other person must receive the request, or whether the act of making the request (along with criminal intent) is enough to constitute solicitation. Some require that the other person actually receive the request. For example in case of solicitation of prostitution, this generally means that the person must communicate a request that another person engage in sex acts for compensation, and must have the intention to follow through with the request. 2. INCITEMENT In the United States, the term â€Å"solicitation† implies some part of commercial element, consideration, or payment. In some other common law countries, the situation is different where the substantive offense is not committed, the charges are drawn from incitement, conspiracy, and attempt and where the  substantive offense is committed, the charges are drawn from conspiracy, counselling and procuring, and the substantive offenses as joint principals. To an extent solicitation and incitement are similar but they are different. ‘Incitement was an offence under the common law of England and Wales. It was an inchoate offence.’ It consisted of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. In England, The law commission in its consultation paper no. 131, assisting and encouraging crime, 1993 proposed the abolition of incitement and by new offence of encouraging crime. [42: Baker, D. J., & Williams, G. L. (2012). Textbook of criminal law. London: Sweet & Maxwell.][43: Jefferson, M. (2005). Inchoate offences. In Criminal law (7th ed., p. 370). Harlow: Pearson Longman.] INCITEMENT AND OTHER OFFENCE The rationale of incitement matches the general justification underpinning the other inchoate offences of conspiracy and attempt by allowing the police to intervene before a criminal act are completed and the harm or injury is actually caused. There is considerable overlap, particularly where two or more individuals are involved in criminal activity. The plan to commit crime may exist only in the mind of one person until others are incited to join in, at which point the social danger becomes more real. The offence overlaps the offences of counselling or procuring as an accessory. Indeed, in the early case of _R v Higgins_ incitement was defined as being committed when one person counsels, procures or commands another to commit a crime, whether that person commits the crime.[44: Incitement – Wikipedia, the free encyclopaedia. . Retrieved March 31, 2014, from http://en.wikipedia.org/wiki/Incitement] CONCLUSION An inchoate crime can also be defined as ‘A crime committed by doing an act with the purpose of affecting some other offence’. ‘In conclusion attempt can be said to be a general inchoate offense on a statutory basis and abolishing the common law offence of attempt it can also been drawn that  indictable offence can be criminally attempted .the statutory provisions should me made recognising that a criminal attempt can be committed by omission where the target offence in the circumstances of the attempt can be committed by omission .the agreement in conspiracy can be established where only one party has criminal capacity. Abolition of spousal immunity rule in conspiracy is much needed provision. Conspiracy can attach to incitement but not to attempt or conspiracy. In case of incitement the formula â€Å"command encourages requests, or otherwise seeks to influence† another to commit a crime is used to define the act of incitement. The inchoate offence with exception of attempt can be incited but charges that certain more than two layers of inchoate liability should not be constructed’. And finally inchoate offences can also be termed as Preliminary crimes or Anticipatory crime.[45: Baker, D. J., & Williams, G. L. (2012). Textbook of criminal law. London: Sweet & Maxwell.][46: Ireland. Law Reform Commission (1998). Report on privacy: Surveillance and the interception of communications. Dublin: Law Reform Commission.] REFERENCE BOOKS PSA PILLAI’S CRIMINAL LAW CRIMINAL LAW : CASES AND MATERIALS ,KD GAUR CRIMINAL LAW, MICHEAL JEFFERSON TEXTBOOK ON CRIMINAL LAW ,GLANVILLE WILLIAMS THE PENAL LAW OF INDIA, H R DESAI CRIMINAL JUSTICE IN ACTION , L K GAINES & RL MILLER CONTEMPORARY CRIMINAL LAW , MATTHEW LIPPMAN JOURNAL LAW AND SOCIAL INQUIRY-JOURNAL OF THE AMERICAN BAR FOUNDATION. REPORTS IRELAND LAW REFORMATION COMMISSION(1988) WEBSITES WWW.WIKIPEDIA.COM WWW.FINDLAW.COM WWW.CLATHACKER.COM WWW.DEFINITIONS.USLEGAL.COM WWW.LAWNOTES.IN

Undemocratic legislature

In Alaska ;transportation bill, nearly $1 billion went to Alaska, 47th populous state just behind California and Illinois -ultimately eliminated for the bridges, but still got the funding Congress's inability to pass significant legislation regarding issues about which the public Is worried -Congress Is unrepresentative, do not get equal say in government – not satisfied with the outcomes 1 .Ruthless partisan gerrymandering in the House, electoral districts drawn to maximize the probability that the party drawing lines will elect its candidates-? overbore selecting their electors, process reversed -Representatives need to only appeal to the â€Å"base† of their own parties rather than to â€Å"centrist† voters in the middle -Minority parties in gerrymandered districts are Irrelevant to representative 2. Bicameralism, and Veto Points -united States, strongly bicameral legislature: two legislative houses equal in power – Bicameralism Is not necessary to achi eve Preamble e. G.Western Europe -Argument for second house: subordination of strictly â€Å"majorities broader constituency base to support legislation Consensually, broad participation in overspent and broad agreement on polices -Defend for the upper house: longer terms allow a valuable corrective to the responsiveness of member of the lower house to the passions of the moment because of their fear of losing votes in imminent election Also greater population represented, decision is less parochial – But: harder to pass legislation, two bodies rather than one agree on legislation-? prevents bad and also good legislation 3.President Veto Power Trilateral system-?president has a constitutionally assigned veto power ;A threat forcing congress to modify legislation before it is presented to the president -More Han 95 percent of all presidential vetoes are successful -Some of bills may be passed with the hope of a veto, officials depend on other institutions to take the heat for blocking legislation supported by a local constituency -Original intention: president should veto those raised constitutional questions, but now Just veto on any grounds he sees fit e. . Ford, 75 percent veto ;Pocket veto power of the president: simply place a bill in the days immediately prior to its adjournment in his pocket, secure in the knowledge that it will not become law without his signature-?simply do nothing, still veto -President becomes a one-person hired legislative chamber -Argue: President represents the entire American people, single member takes a national perspective, but there are presidents not receiving popular votes, not correlated with the capture of the congress by the political opposition 4.Illegitimate Senate Two senators from each state, each senator having one vote Seven smallest states have same power as seven largest states, excess of power-? unequal representation California seventy times less than Wyoming Impacts: -Senate can exercise a veto power o n majorities legislation passed by the House hat is too costly to the interests of small states, which are overrepresented in the senate-?too many veto points can block the wishes of an energize majority – Government will systematically redistribute income from large states to small states – Racial minorities a voice in federal lawmaking process that is disproportionately small relative to their numbers Filibuster: 41 -senator minority to block legislation, the participants may disproportionately from small states -Small-state senators greater incentives to concentrate on a few issues central to constituents, tend to seek assignment to committees that help them obtain particularize benefits for their constituents.Also spend less time on constituency contact, less time raising campaign funds, more likely to become party leaders -Coalition leaders have incentives to seek out senators from less populous states to build winning coalitions -?small states advantage enjoying benefits, especially with guarantee that all states given a minimum of funds regardless of population -Steady redistribution of resources from large to small states E. G. Implementation voting power of the mentors: 52-48 confirmation of Clarence Thomas to become lifelong Justice of supreme court, voting against from state 52 percent of the population -Defeats the idea that the majority of the people rule-?68 years, notional â€Å"majority party' in control of the senate was elected from states with less than a majority of the population -Framers did not expect the country expanded so fast, senators were expected as independent 5. Divided government: how separate do we want our institutions to be?Importance of political parties in our political system Modern political parties and the divided institutional structure of government has robbers Divided government: One party controlled the White House while the other party controlled at least one house, and quite possibly both houses of the congress Conduits: Constitution discourages effective government -Frequency of election of house impairs the achievement of a strong consensus among president, house and senate as to what the country wants -Many problems derived from presidential veto power, if not, disputes would solved within congress, veto power creates three institutions -Extending the terms in house to four years, presidential election years, fewer divided governments Ineligibility Clause: No person can serve in the executive and legislative branches at the same time-? safeguard against corruption of the legislature, legislators may create unnecessary offices for them to fill But: -Broaden the range of talent available to president when he assembles his administration -Authors of law invited to take responsibility for their execution 6.

Chemistry 208 All QUIZ Essay Example for Free (#208)

Chemistry 208 All QUIZ Essay The Scientific Method Step 1: Performing Experiments Step 2: Making Observations Step 3: Proposing a Hypothesis Step 4: Confirming the Hypothesis Step 5: Proposing a Scientific Law Scientific Notation It is a mathematical expression in which a number is expressed as N x 10^n where N contains only one nonzero digit to the left of the decimal and n is an integer. Rules for Determining Significant Figures (digits) -All nonzero digits are significant figures -Counting begins from the left with the first nonzero number -Zeros between nonzero digits are counted as sig. Figures -Terminal zeros (zeros to the right of the right of a number) are always significant if the value contains a decimal point. Ex: 2. 3700 g: 5 significant figures 17. 50 mL: 4 significant figures Rule 1- In calculations involving measured values (with a certain # of sig. figs), the number of sig figs in the final answer depends on the operation performed. Rule 2- In multiplication and division of measured quantities, the final answer contains the same number of sig figs as are in the measurement with the least number of sig figs. Rule 3- In the final answer of a calculation involving exact numbers, unit conversion factors and constants, the number of significant figures is dictated by the measured quantity involved. Density = Mass/ Volume Matter: The term matter is used to describe things that occupy space and are perceivable by our senses. It can be classifies in terms of its physical state or chemical composition. Elements: composed of one type of atom. Classified as a metal, nonmetal or metalloid. Compound: a combination of elements in a definite proportion. Atoms of each individual elements are chemically combined to form the compound. A chemical change can break down a compound into its individual elements. Mixture: a non-pure substance made of 2 or more elements or compounds that can be separated by physical procedures. Protons have a positive charge, found in the nucleus. Neutrons have no charge, found in the nucleus. Electrons have a negative charge. The atomic number of an element is equal to the number of protons in the nucleus of its atoms. The mass number is equal to the number of protons and neutrons in the atom. To calculate the number of neutrons, subtract the atomic number from the mass number. Molecules are a combination of atoms in a definite proportion e. g. , molecule of water Ions are charged species formed by loss or gain of electron(s) from an atom. Loss of electron – cation (positively charged) Gain of electron – anion (negatively charged) Chemistry 208 All QUIZ. (2018, Oct 12).

Potential security threats on a home personal computer Essay

Potential security threats on a home personal computer - Essay Example In this context, one can easily shop and buy goods online without necessarily having to travel to the business premises. This mode of conducting business has boosted computer crimes, by creating an alternative avenue for defrauding unsuspecting customers, mostly through phishing (Quarantiello, 2006). Phishing involves the creation and designing of rogue websites by criminals, imitating websites belonging to genuine businesses, with the intention of capturing personal information such as credit card numbers, passwords, among others; which is commonly known as identity theft. After attaining the details, criminals can access bank accounts and make purchases without the knowledge of the bank holder (Quarantiello, 2006). The internet comprises of numerous sites, most of which are genuine but with some designed to spread malicious programs and computer viruses (Gollmann, 2005). These sites are difficult to suspect and they create curiosity in the user by displaying attractive messages in form of pop up menus, prompting the user to click, for example to unhide a free gift.

Evolution Assignment Example | Topics and Well Written Essays - 500 words

Evolution - Assignment Example At the outset, evolution being a prominent theory of science and is fundamentally and entirely based on physical and empirical evidences, which may be fossils and bacteria. Whereas, the Bible or as it is more commonly known â€Å"the word of god† is not at all backed by any evidence whether it be empirical, observational, or practical, let alone physical. The belief of Christians in Bible is solely based on â€Å"faith†. (Gisburne) The Bible tells us that the earth and all living things on it were â€Å"created† in 3760 BC (according to the Hebrew Calendar), and yet scientists including Darwin have discovered fossils that are millions of years old, which directly contradict the teachings of Bible according to which the fossils of humans, animals or plants could not date back more than 7000 years. (Dosick 119) Another major factor of distinction amongst beliefs is the fact that evolution supports natural selection a concept which considers survival of the fittest to be its sub category. According to the concept of natural selection, as species that were not previously habitable mutate, they supplement features or changes that are more suitable to the environment and after a long period of time, as more and more habitable creatures mate, the feature becomes generic and further evolution takes place until the fittest survive. (Darwin and Carroll 17,19,594) The Bible strongly contradicts this theory considering their own version of the theory, which they refer to as â€Å"the truth†, according to which they state that God created man and humans did not evolve. But if that’s true then the long list of connected fossils and matching DNA that the scientists have found would be wrong, but in reality that is not the case. The DNA of correlated species match significantly to falsify any void claims made solely on â€Å"faith†. (Gisburne) (Darwin and Carroll) Besides, according to their point of view, if man has descended from god, then the scope of mutation does

To what extent can the trial and execution of Ruth Ellis 1955 be Outline

To what extent can the trial and execution of Ruth Ellis 1955 be considered a turning point in approaches to the punishment of criminals in Britain in the years 1830-1965 - Outline Example treadwheel) but also the use of crank machines, shot drills, and picking oakum1, 2. With the purpose of â€Å"grinding corn, pumping water, and other prison purposes†, the criminals had to work between 8 to 10 hours a day manually revolving the mill by stepping on the 16 feet wood cylinder3. In 1865, the number of days wherein the prisoners will have to use the treadmill or crank was limited to only 3 months of their entire sentences4. The penal transportation is referring to the process of transporting convicted criminals to a separate colony (i.e. Van Diemen’s Land in Australia)5. Since the 1820s, there was a false belief that the act of transporting convicted criminals to a separate colony could help decrease the crime rate in Britain. In 1837, the group of penal transportation committee was finally convinced that this particular penal punishment was not effective and has to be removed immediately. Eventually, the Penal Servitude Act 1853 became the substitute for penal transportation6. As a correctional facility, convicted male offenders were kept in Pentonville Prison since 1842 whereas the female offenders were kept in the Brixton Prison since 1852. In 1857, the British government officially abandoned the use of the â€Å"prison hulks† which are old sailing ships7. Between 1877 to 1878, all prisoners in Britain were being managed by the British government. Other form of punishment includes hanging in public which officially ended in 18688. Ellis used a .38 revolver to shoot David four times yet she remaind calm after committing the crime. During the trial, Ellis boldly stated that â€Å"it was obvious that when I shot him, I intended to kill him†9. Specifically the facts presented in the court gave the jury the false idea that Ellis was â€Å"a cold-blooded killer†10. Even though the use of hanging as a form of capital punishment has officially ended in 1868, Ellis became the

Soldier's home Essay Example | Topics and Well Written Essays - 750 words

Soldier's home - Essay Example t at social gatherings, "he fell into the easy pose of the old soldier among other soldiers: that he had been badly, sickeningly frightened all the time." (Hemingway 153). Unlike, ordinary peoples conception of home as a secure and safe haven, Krebs home is a soldiers home where he is always on the alert for the unexpected; he is frightened all the time; and he has learned to not to believe in anything. His lifes associations are not the beautiful girls, belief in God, honor, work, friendship or love for ones family. Instead, he believed in these elements as instruments to survival and diversions. In the picture of himself with a corporal and two German girls for instance, indicates that they have been acquaintances who had passed sometimes with him but do not have any significant meanings. Krebs disillusionment of his hometown and people stems from his post at Belleau Wood, Soissons, the Shampagne, St. Mihiel and the Argonne, where the battles had been the most fierce and bloody. These battles have had a deep impact on Krebs yet he is reluctant to talk about them. This is partly because people in Kansas already "had heard too many atrocity stories to be thrilled by actualities" and partly because these experiences have more value to him than his audience. He has found lying to make himself heard by his hometown too demeaning, and hence have been unwilling to degrade his memory and experience of war. Instead, Krebs has assumed a secluded lifestyle so that he does not have to encounter such situations when he had to lie about his war experiences. He avoids active socialization with the community whether through work or interaction with women. He finds that to get involved in any of these socialization processes, he would have to lie and lying is too complicated for him. He feels that untruth and exaggeration would eradicate his memory of the war, which is his actual reality. For him his hometown and its people are the enchantment which he had taken to the war and

Qatar Airways Management of International competition Term Paper

Qatar Airways Management of International competition - Term Paper Example At the end of the paper, few of the growth strategies have been recommended to Qatar Airways in order to deal with the problem of rising international competition. Hence, the discussion in this paper is expected to provide with a detailed study of the problem of competition that Qatar Airways is facing in the present scenario. The potential risk of competition is the greatest problem that is faced by the managers of both the new businesses and the existing ones (Ethics Resource Center, 2012). Likewise, Qatar Airways is also facing maximum risks of competition in the international airlines market. In the present day, all the international airline companies are providing their passengers with quality services and several facilities during the air journey. Qatar Airways have been rapidly facing the problem of competition on the global context along with the increase of the number of airlines entering into the market. It is however comparatively a newly set up company, which could expand its business services within a fraction of time being formally restructured and re-established in the year 1997. Historical Review of Qatar Airways Qatar Airways Company was formed as a single leased domestic aircraft in November, 1993. But in January, 1994 it started its operations using Boeing 767-200ER from the Kuwait Airways. In the earlier days of its formation, it was totally owned and managed by the members of Royal Family of Qatar and was running as a no frill carrier. In the year 1997, the restructuring of the Airway was carried on and a new panel of management team was placed for the operations of the business. At present, Qatar Airways is partly owned by the government of Qatar and the private investors in the national market (The Qatar Source, 2011). Arguably, it has been with the virtues of its business level and corporate level strategies that within a fraction of time it was able to expand its services in almost all the continents of the world and become one of the m ost preferable airlines services providers in the world. The initial intention to establish Qatar Airways was to serve its Qatar based guests from the Indian subcontinents by providing attractive discounts in the journey in competition with the similar western companies. Later, with the rise in demand for the air journey between the routes, it decided to discard the idea of operating within the nation and implement a newer business model of being a global carrier in the airlines industry (Qatarhandball, 2013). Qatar Airways had a raise of 30% customers after its expansion of business as a global carrier across the world. This airline usually provides with international services from Doha International Airport. Recently, in the year 2012, it was observed that Qatar Airways possesses fleet of Boeing and Airbus since four years. Along with the provision of international services, Qatar Airways is also planning for providing the valuable customers with luxury lounge and a 5 star hotel f acility in the airport where the airways is operating (Destination Travel, 2012). Description and analysis of the problem of international competition by the managers The airlines industry usually operates in the oligopolistic market where the risk of competition always exists between the different companies. As a matter of fact, modern companies struggle hard to exist in such market and maintain their significant

Rational Frame Theory Essay Example | Topics and Well Written Essays - 1500 words

Rational Frame Theory - Essay Example This paper looks at the concept of relational frame theory based on the tutorial developed by Dr Eric J. Fox, Ph.D, in his website. It will be based on the explanation of a hierarchical representation (given below) of Dr Fox’s views on this area. According to Dr Fox, language can create both problems and solutions. Any situation, whether it is positive or negative, is directly related to the language and emotion used. It can be used to instruct, to give praise or heap insults. It can be used to judge people and it can be used to make laws. It can be used to educate people and can be used to dictate actions. Words used in a certain context can even result in violence and wars. On the other extreme, it has the ability to bring about peace among nations. These few examples of the power of language show how much it can influence a society and its individuals. It should be stated here that language studies can help in understanding human behavior and actions to a large extent. It can help psychologists to provide solutions to problems faced by individuals. Traditional theories on the field believe that words used in language have symbolism and generativity. Symbolism refers to the power of a word to signify other meanings or thin gs even though a particular word has a specific meaning. For example the word fire may evoke different emotions in people. For one person fire can mean warmth, for another it can mean pain, and for a third person it can mean food. This power of the word can have diverse effects on people in the context they are used. A combination of words, in other words a sentence, has generativity. According to Dr Fox, â€Å"generativity means that we can create and understand an infinite number of meaningful sentences or utterances† (Fox, 2002).The sentence ‘An apple is a blue fruit that is found in the North Pole’ may be absurd and incorrect, but it has meaning. In

Service Management Assignment Example | Topics and Well Written Essays - 250 words - 2

Service Management - Assignment Example The guitar was damaged which made Dave Carrols to come up with a video song and posted it on the You Tube with an aim of harming the company. The video tarnished the reputation of the Airline Flight and attracted more than one hundred and fifty thousand online audience (Thomas and Grà ©goire, p.2). The article indicates that the main reason why customers post their frustration online is due to anger as they feel that the organisations had betrayed them. Dave Carrols had pleaded severally with United Airlines Flight Airline regarding his destroyed guitar. However, the company did not act to assist him; the only way he could be heard was via the internet. Therefore, companies should listen to their customer’s problems to prevent customers from tarnishing their reputation. The article indicates that customers continue to hold a grudge against a company for a long time. Some even avoid transacting with such companies again in the future due to the fear that they might be betrayed. The article further indicate that companies may avoid complains made by their customers over the internet by acting fairly and compensating those who had been hart. In case a customer had made an online complain, the company should respond by making a sincere apology to the customer to prevent fur ther damages (Thomas and

Situation Assessment of Various Response Teams Essay Example for Free

Situation Assessment of Various Response Teams Essay Situation Assessment of Various Response Teams Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Effective response to incidences obliges an appropriate planning approach that is founded on the disaster evaluation of the situation (Schwartz, 2013). Such a situation obliges a reaction on the planned emergency management process that is applied to the organization. This is aimed at ensuring that perilous assets of an organization are safeguarded from probable hazards (Salmon, Stanton, Jenkins Walker, 2011). Before the planning and the execution of the response, the assessment of the situation provides the requisite data for examination. This data assists in the evaluation of the usefulness of the existing emergency response tactics used by the organization. This prior situational assessment entails defining the needs and urgencies of the emergency response tactics that are utilized by the organization.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   For effective decision-making, planning and control of the whole process, situational management becomes a vital element for application (Comfort, 2004). This management helps in undertaking of all the phases of disaster response through facilitating ease of planning and orchestrating of effective recovery strategies. This memo sets to describe the steps that one would take to conduct the assessment as the starting point. It also discusses the key success factors in the management of large, multi-agency as well as multi-jurisdictional response programs. Further, it discusses numerous ways of determining success of the response. In addition, the memo entails an elucidation of how drills and tests that precisely evaluate the key factors for response can be designed. Steps That One Would Take To Conduct the Postmortem   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first step, in undertaking the assessment, is defining objectives followed by terms of reference. In this step, the assessor ruminates on the reasons of the assessment practice. The objectives of the assessment activity, the questions that require answers and the entailed activities are defined. The required outcomes from the assessment are specifically determined at this step. The assessor is advised to be realistic as possible when carrying out this activity. As Comfort (2004), gauging the minimum amount of information that is required to attain the necessary output is vital to this step. The assessor then thinks about the end user of the information obtained from the assessment and, in this case; the senior government officials concerned with the disaster event response.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The next step involves choosing the kind of assessment to be applied. There are usually three types of assessment that can be applied namely; rapid, detailed and continual assessments (Salmon, Stanton, Jenkins Walker, 2011). Rapid assessment is executed during major disruptions such as after the occurrence of an earthquake. Detailed assessment is carried out on various occasions such as after a rapid assessment, on the situation where detailed information is required and when the situation under scrutiny keeps on changing gradually. Continual assessment is done after a detailed assessment has been carried out. According to Schwartz (2013), this kind of assessment involves updating information on the current situation and demanding for the relevant feedback from the involved is vital.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The third step is deciding on whether or not to involve partners in the assessment. At point, an individual decides on whether to undertake the assessment on their own or with partners. Partners may either be internal or external depending on the sensitivity of the assessment being carried out and needs of the assessment (Comfort, 2004). When internal partners are involved, their capacities and roles should be considered. Also, their actual roles in the exercise should be defined precisely. Involving external partners call for a joint assessment that has some benefits. These benefits are; improved coordination and cooperation in the planning, efficient use of resources and reduced assessment fatigue (Jensen, 2011). A joint assessment calls for appropriate divisions of responsibilities as per the agreement of the partners.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the next step in undertaking a detailed review of the secondary information, every assessor is obliged to undertake a comprehensive review of the available secondary information on the subject of assessment (Comfort, 2004). The information entails the background information, and the information in direct relation to the issues identified in terms of reference (Salmon, Stanton, Jenkins Walker, 2011). It also involves the information pertaining to the sources and type of latest changes. This information helps in grasping the initial idea of the assessment and the related problems that the assessor might experience.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The other step is the collection of information pertaining to the ongoing responses of the team. At this point, choosing the best method of collecting the actual information pertaining to the performance of the various response teams is vital (Schwartz, 2013). This is so because the correct methodology ensures that only the right information pertaining to the situation is obtained. This endeavor obliges for gathering all the appropriate means in terms of resources, logistics, human and time (Jensen, 2011). In the possession of these resources, all the needed information can be obtained with ease. After compiling, the information pertaining to the assessment activity is presented to the recipients, in this case, the senior government officials. The presentation must be simple and should present a detailed understanding of the activities of various response teams. The Key Success Factors   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There are several basic success factors that are evident in response programs. These factors ensure that emergency operations fulfill the projected aims and objectives of alleviation, reaction and recovery (Comfort, 2004). The main aim of incident response is to ensure a rapid and effective recovery from a security event. In addition, the response gears towards decreasing the impacts inflicted by the threat or disruption to normal functioning of facilities where the incidence has occurred. A systematic approach plan executed in line with the standard measures of corporeal security is applied with an aim of mitigating the probability of reoccurrence of the event.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   One of the crucial success factors, towards managing large, multi-agency and multi-jurisdictional response programs, is inter-agency communication (Salmon, Stanton, Jenkins Walker, 2011). This type of communication is done on the basis of a collective framework. As Jensen (2011) asserts, collaboration among agencies is crucial in guaranteeing effective disaster response. For this reason, the communication among these agencies should be flexible to guarantee a consistent communication framework. This framework ensures that the collaboration between the private sector and the government is at its best for effective management of national calamities.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This happens regardless of the magnitude, geographical location and causation of the disaster. Also, the joint system of information management assists in enhancing public communication by relaying the information pertaining to a disaster accurately and in time to the public (Jensen, 2011). This cross-communication facilitates the meeting of various response team communicators whose aim is to develop, organize and deliver a common message relating to the event. Such meetings facilitate the elimination of delivery of dissimilar information relating to an event by the government and non-governmental agencies. The purpose of inter-agency communication is not only to facilitate effort coordination of various jurisdictions, but also guarantees joint decision-making framework. The framework is founded on the goals and aims, mete tactics and plans, public communications, and the primaries during the occurrence of the event (Schwartz, 2013). This aids in improving the efficiency of readiness for a disaster and the response of various agencies. This way, successful response to an event, the recovery from that event and prevention of its reoccurrence is guaranteed.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second key success factor is effective reporting procedures of the disaster event. The procedures, of reporting a disaster event, are vital in enhancing the efficacy of response actions to the event (Comfort, 2004). An efficacy reporting procedure is grounded on the fundamental facets of effective communications that guarantee to extend to the largest audience possible. The reporting of the disaster event must be fast enough so as to mitigate any probable losses that may emanate from the event (Kellams, 2007). For this reason, utilization of effective reporting networks and procedures which manifest minimum constraints. These procedures are obliged to conform to the evacuation policies usually applied when all physical security bounds have been entirely overwhelmed (Kellams, 2007). These policies advocates for adequate communication of the incident, suppression of the destruction imposed by the event and mitigation of eminent risks thr ough safeguard crucial assets.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The third key success factor is effective management of resources. Effective response programs oblige for effective management of resources. This exercise primarily starts with the identification of the resources that are available at all levels of jurisdiction (Schwartz, 2013). The identification is followed by classifying, transmitting, tracking and reception of resources. All these activities call for effective management so as to facilitate timely delivery of these resources and prevention of wastage. This way, the preparation, reaction and recovery process of the disaster event is effectively carried out devoid of impediments (Comfort, 2004). Resource management should also entail the various agreements among several agencies who form response teams for effective resource mobilization. This way, the effect brought about by the disaster event is minimized, and the recovery strategies become more effective.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The fourth basic success factor is enhanced public communication. At this point, crucial media relations should be cultivated in ensuring effective communication of the disaster event to the public (Kellams, 2007). During initial stages of reacting to disaster and recovery operations, the involved teams should are obliged to establish communication channels that are capable of reaching the victims with swiftness. In most cases, effective public communication is usually realized through the use of low-price and low-tech networks (Kellams, 2007). This is so because they are believed to be the most effective and are easily accessed by the victims of a disaster event. Some examples of such cheap communication channels that can be used are; megaphones, community radios and the Systems of Public Address. Measuring the Success of the Response   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A given response to a disaster event is said to be successful only if it achieves its primary aims and objectives (Kellams, 2007). In all instances, the primary aim and objective of all response programs are to mitigate the potential damage affiliated with the event on human life and belongings by emphasizing on safety. In determining the success of the response, several variables can be used as discussed below.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first way, of measuring the success of the response, is through the analysis of the depth of losses incurred after the event and comparison of it to the recovery depth (Kellam, 2006). The extent of loss is measured through the number of sustained fatal injuries, the minor injuries, and the reported total deaths. This is followed then by identification of the magnitude of loss affiliated with the event in terms of property (Comfort, 2004). This way, it is easier to assess the achievement of the response and recovery attempts put in place by the collaborating multi-agency teams. Effective responses to disastrous events are always geared towards minimizing the impacts of the event and to aid in the realization of the best possible recovery plan. Also, these responses aim at preventing such disasters in the future. Assessing the initial possibility of the occurrence of the losses incurred compared to the assessment of the future occurrence of such an event is crucial. This is so because, it becomes easier to determine the success of the response (RodriÃŒ guez, Quarantelli Dynes, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second way through which the success of the response is determined is through the evaluation of the level of collaboration between all the stakeholders. In the case of a disaster event, the stakeholders are the public, the government, as well as the response agencies (Comfort, 2004). Successful responses to events depend on the level of collaboration of all the above-mentioned stakeholders. This is so because each of the collaborators must take their part seriously and execute it with utmost articulation for a successful response program. For this reason, there must exist an effective communication channel among the stakeholders (Sadovich, 2007). This ensures that each fulfills their part without intruding into other stakeholder’s jurisdiction.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The stakeholders who have a common picture of the event and who worked tirelessly together throughout the whole response program is an indication of a successful response program (Gardner, 2013). This collaboration can only be guaranteed through effective communication among the stakeholders that in turn ensures effective resource management, sharing of responsibilities and planning of activities. When the above mentioned three activities become effective, the success of the response program is guaranteed. For this reason, establishment of the level of collaboration is an important measure of the success of response programs (Sadovich, 2007).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The third measure of the success of the response is an assessment of the time of distraction of the normalcy of the response. As Gardner (2013) asserts, a successful response to a disaster event usually occurs within the shortest time possible to guarantee minimum distraction of the operation of vital facilities during its execution. The minimum disruption is guaranteed through effective communication, better allocation of tasks among the multi-agency teams and effective allocation of resources. If a response program takes long to be accomplished, it means that there is a problem with one or even more of the three aforementioned perspectives. A prolonged response program may create a lot of disruptions of the critical facilities. To this end, the program may be termed as ineffective and thus unsuccessful. When all aspects of implementation of the program are well coordinated, there is minimum disruption of the crucial infrastructure (Gardn er, 2013). When this minimum disruption occurs, the response program is said to be successful. For this reason, the magnitude and duration of the disruption of crucial facilities is one of the metrics for assessing the success of a response program. Designing Drills and Tests for Evaluating Key Success Factors   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The primary use of drills and tests is to evaluate the perilous success factors in the implementation of disaster response program. For this reason, the drills and tests are developed in accordance with the objectives and aims of the response program. First, the evaluation of inter-agency communication during the implementation response program necessitates an examination of the roles and accountabilities of different agencies that are collaborating. For this reason, individual contribution of the agencies must be accounted for during the evaluation of the success of inter-agency collaboration (Gardner, 2013).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Secondly, it is a must that the communication platforms used by different agencies in the process are evaluated. This way, it becomes easier to know different communication platforms that were used by different agencies who were collaborating. The agencies may have used a single platform of communication, or each may have used their independent platform. In most cases for national incidences, the use of a universal platform is encouraged. This is so because it is associated with prominence in managing emergency incidences. To this end, communication platforms are vital ingredients in designing drills and tests. To add on this, the preparedness to disaster is improving because of the use of uniform procedures in response teams reinforced by the application of the universal language. The standardization aspect also emphasizes on the use a set of universal techniques and information systems (Gardner, 2013). The two are developed to boost the operation of entities during the implementation of the response program. In addition, the two aspects serve as a strategic methodology that is used to facilitate effective management of operations during the program. The process of evaluating the efficiency of inter-agency teamwork and communication considerably rest on flexibility of appropriate implementation (Gardner, 2013). This flexibility relies on the progress of a chain of command that the government and non-governmental agencies adopt during the management of the occurrence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Evaluation of efficient program response is carried out by assessing the base on which the channels of communication used are oriented (Jensen, 2011). These communication channels should be in line with the evacuation policies and techniques. For this reason, communication as a drill and test of evaluating the basic success factor of the response program is designed to conform to the laid down policies and techniques. The reporting of the disaster event should be done based on the real time of occurrence. The accuracy in reporting procedure and of the relayed information pertaining to the event is highly emphasized (Jensen, 2011). In evaluating the success of this factor, we base our information magnitude of the target population of the reporting. For this reason, a critical assessment of communication channels that were utilized during the response and their respective effectiveness in reaching the prospected audience is vital. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In conclusion, this memo describes the steps that one would take to conduct assessing the performance of several response teams during a disaster event. These steps are; definition of objectives followed by terms of references, choosing the type of assessment to be used and deciding on involvement of partners. Other steps are; review of the secondary information, collection of information pertaining to the ongoing response and the presentation of the findings as well as recommendations to the officials. Also, the memo discusses some key success factors in managing large, multi-jurisdictional, as well as multi-agency response programs. These factors are universal framework inter-agency communication, efficient reporting and techniques, public communication and effective management of resources. Further, there is a discussion of various measures success of the response programs. These measures are the extent of loss caused by the disaster, t he level of collaboration during the program, and the duration of the disruption of normal operation of crucial infrastructures. Further, the last section discusses on how drills and tests, of evaluating key success factors, can be designed. This process, as discussed above, involves analyzing the roles and responsibilities bestowed on various agencies forming the team, and an evaluation response techniques and policies. References Comfort, L. (2004). Coordination in Rapidly Evolving Disaster Response Systems: The Role of Information. American Behavioral Scientist, 48(3), 295-313. doi:10.1177/0002764204268987 Gardner, S. (2013). Multi-Site Disaster Response and Coordination Best Practices. Rxresponse.org. Retrieved 21 January 2015, from http://www.rxresponse.org/news/blog/multi-site-disaster-response-and-coordination-best-practices Jensen, J. (2011). The Current NIMS Implementation Behavior of United States Counties. Journal of Homeland Security and Emergency Management, 8(1). doi:10.2202/1547-7355.1815 Kellams, C. (2007). NIMS and Homeland Security Field Guides. Journal of Homeland Security and Emergency Management, 4(1). doi:10.2202/1547-7355.1321 Rodriguez, H., Quarantelli, E., Dynes, R. (2006). Handbook of disaster research. New York: Springer. Sadovich, J. (2007). Review Disaster Resilience: An Integrated Approach. Journal of Homeland Security and Emergency Management, 4(4). doi:10.2202/1547-7355.1397 Salmon, P., Stanton, N., Jenkins, D., Walker, G. (2011). Coordination during multi-agency emergency response: issues and solutions. Disaster Prevention and Management, 20(2), 140-158. doi:10.1108/09653561111126085 Schwartz, K. (2013). Testimony before the Senate Committee on Homeland Security Governmental Affairs: The Boston Marathon Bombings. Source document

Eualuation of National Solidarity Program

Eualuation of National Solidarity Program EUALUATION OF NATIONAL SOLIDARITY PROGRAM: PEOPLE PARTICIPATION, CHALLENGES AND SUSTAINBALITY The case of Sayed Abad District of Wardak Province Tariq Salari Table of Contents (Jump to) ACKNOWLEDGEMENT 1. INTRODUCTION 1.1. Context of the study 1.2. Rationale of the study 1.3. Hypothesis: 1.4. Limitation of the Study: 1.5. Organization of the thesis: ABBREVIATIONS AF Afghani (Currency of Afghanistan) ANDS Afghanistan National Development Strategy AREU Afghanistan Research and Evaluation Unit AusAID Australian Agency for International Development CDCs Community Development Councils CDP Community Development Plan CRDP Comprehensive Rural Development Program CSO Central Statistics Organization DAC Development Assistance Committee DFID Department for International Development EPA Environmental Protection Agency EU European Union FAO Food and Agriculture Organization FP Facilitating Partner IFAD International Fund for Agriculture GDP Gross Domestic Product HIV Human Immunodeficiency Virus ILO International Labour Organization IWG-PA Informal Working Group on Participatory Approaches Methods KW Kilowatt N Number NEPA National Environmental Policy Act NGO Non Governmental Organization NSP National Solidarity Program OECD Organization for Economic Cooperation and Development PDPs Provincial Development plans PIDRA Participatory Integrated Development in Rain-fed Area SAHEE Sustainability for Agriculture, Health, Education and Environment SCA Swedish Committee for Afghanistan UN United Nation UNDP United Nation Development Program UN ESCAP United Nation Economic and Social Commission for Asia and Pacific UNESC United Nation Economic and Social Council UNRISD United Nation Research Institute for Social Development USAID United States Agency for International Development USFAA United States Foreign Assistance Act WB World Bank WCARRD World Conference on Agrarian Reform and Rural Development WECD World Commission on Environment and Development WMP Watershed Management Program 1. INTRODUCTION 1.1. Context of the study In the 1950s and 1960s many top-down development programs failed because of the wrong policies of the governments, donors and non-governmental organizations, which people were not involved in the design and implementation of the projects. World Bank (1994) proclaimed that top-down fashion entailed long bureaucratic process; they prefer participatory approaches because it is â€Å"learning by doing† which means people learn throughout the process. Top-down forms provide limited opportunities for participatory learning and decision-making as well. It obstructs local culture and habits (FAO, 1997). Shah (2012) stated that it is assumed that if local people were involved in the project cycle, it would be more successful. In most countries top-down policies caused the isolation of the people, increase in poverty, social and economic inequalities and deprivation. Many governments, non-governmental organizations and development agencies have acknowledged that traditional top-down approaches in many developing and developed countries failed to reach the benefits of rural people (FAO, 1991). Moreover, Binns et al. (1997) asserts that top-down strategies have failed to raise living standards of rural people; these approaches ignore rural people’s perception, needs and understanding. It is clear that without people’s participation it would be difficult for the planners to understand the socioeconomic and cultural situation, needs, problems and priorities of the rural communities. In the last few years the term of participation has become popular, especially in relation to sustainability of rural development projects (Bagherian et al, 2009). In the 1970s people’s participation recognized as a missing component of development projects which caused intensifying poverty (Karl, 2000). Participatory approach got momentum after the World Conference on Agrarian Reform and Rural Development (WCARRD) organized in 1997. WCARRD emphasized on the organization and active participation of rural people in the development programs (UN ESCAP, 2009). Local participation is considered as a vitally important factor for rural development projects, since rural people are the only one who knows their own problems better than anyone else. Hence, participation improves ownership, helps with rural people’s knowledge and boosts sustainability of rural development projects. In 1990, after more than four decades of providing foreign aids to developing countries, the assistin g and major donor agencies came up with the issue of benefits and activities in long term after stopping aids fund. They tried to establish local governance to manage resources and ensure long term sustainability (Bossert, 1990; Mohammad, 2010). A project can be sustained when the beneficiaries are involved in the project cycle; they will train throughout the project and would be enabled to work for their community in the future. Agriculture and livestock sector plays a vital role in the rural economy of Afghanistan. According to the World Bank (2012) rural population measured 76.14% where agriculture is the primary activity. Despite of the many challenges rural economy contributes to more than half of the country’s GDP. The three decades of war, turmoil, instability, revolution and social disruption enormously affected rural people in terms of social development and economic growth. Social institutions and economic infrastructures have been destroyed, sources of livelihoods, housing, schools and hospitals were demolished (Rahimi, 2013). After a long time, the government of Afghanistan and International Community in 2002 began some initiatives to reconstruct and stabilize the country through local communities. Zakhilwal and Thomas (2005) suggest that for longer peace and stability, rural participatory policies are needed to include those people who were often excluded from the decision-making before, especially women who have historically been victims of imbalanced development. The Transitional Government of Afghanistan in 2002 has started national programs. One of these programs was National Solidarity Program (NSP) to create, build up and maintain Community Development Councils (CDCs) as effective foundations for local governance and socioeconomic development (NSP-Web, 2014). NSP as a bottom-up program was created in 2003 to develop the ability of Afghan communities to identify, plan, manage and monitor their own development projects (NSP-Web, 2013). Development projects have a crucial role in the local development, since they improve the living standards of local people, empower local people and educate rural communities. Hence, it is important to be sustained which depends on the project selection, project design, implementation, monitoring and evaluation. Without active participation of local people, it is impossible to achieve this goal (sustainability), which NSP projects couldn’t meet this criterion many projects have failed to produce expected outcomes. This study examines people participation in NSP projects and it explores major obstacles of people participation and likely sustainability of two projects in Sayed Abad district of Wardak province. 1.2. Rationale of the study Since 2001 government have put the issue of local participation in the centre of their policies and much more attention has been paid to rural areas and community participation, to bring people together in order to utilize the local resources, as well as to improve the livelihood of the rural people. In the first couple of years government tried to build capacity at local level in the public sector and civil society but these efforts had light impact. Subsequently, Afghan government jointly with the International Community initiated national programs to cope with poverty, engage directly people in the reconstruction process of the country, empower local people and make them responsible for their own development (Rahimi, 2013). Mostly the process of these programs has been bottom up, which has mainly focused on minorities and underprivileged strata of the community. But it is supposed that in some regions these initiatives have not succeeded to perceive the objectives of community par ticipation and empowerment in the local projects and many times it criticized that minorities, especially women have not been involved in these efforts, and still people are suffering from the elite and power-holders interference in the rural development projects. This study attempts to answer the empirical questions which often asked that whether in the NSP program people meaningfully participated and whether people’s participation incorporated with sustainability of the projects. With this background and empirical questions, the entire study was designed to meet the following objectives: To identify the level of involvement of local people in the National Solidarity Program (NSP) projects in the study area. To explore the barriers and factors that affect community participation in National Solidarity Program (NSP) projects in Sayed Abad district. To examine the sustainability of the NSP projects in the study area. To make recommendations based on the findings of this study. 1.3. Hypothesis In Sayed Abad district of Wardak province, elite power holders, socio-cultural situation and personal relationship caused isolation of minorities, especially in case of participation of women in the National Solidarity Program. Threatened security conditions, lack of substantial information and conflicts among tribes are the biggest challenges for community participation in the National Solidarity Program in Sayed Abad district. Meaningfully Participation of people in National Solidarity program likely lead to sustainability of projects in Sayed Abad district. 1.4. Limitation of the Study The limitations are mainly related to the availability of information and time, difficulties of collecting primary data in rural area of Afghanistan. It is not an easy task because of the threatened security conditions and a high illiteracy rate of the citizens. Some of the limitations are listed below: Lack of time and financial limitation. Security problems in Wardak province. Unwillingness of the respondents to give information due to security problems. Bureaucratic policy in the Ministry of Rehabilitation and Rural Development. Lack of secondary data due to absence of database in the provincial office of NSP. Absence of the officials and members of Community Development Councils (CDCs). 1.5. Organization of the thesis The entire thesis has been organized in five chapters. The first chapter highlights the context of the study, objectives, hypothesis and limitation of the study. Chapter two includes an extended literature review about the history of participation, definition of participation and sustainability, typology of participation, factors influencing participation and sustainability, relationship between participation and sustainability of the projects, social exclusion and inclusion and a short description of NSP. Principle concepts, information about study area, methods and tools used in the analysis are elaborated in the chapter three. Chapter four explores the results and findings in a logical scientific manner to accomplish the objectives and test the hypothesis of the study. Chapter five presents conclusions based on research outcomes and also some recommendations for enhancing the people’s participation in rural development projects and sustainability. In the next chapter the st udy is summarized and finally the sources of research materials, books and research papers related to the present investigation are listed.

History Of Corporal Punishment

History Of Corporal Punishment Corporal or bodily punishment is the deliberate use of force anticipated to cause pain or harm for correction, discipline, changing bad behavior or in sole faith of bringing up the child. This physical harm can be caused by hitting, whipping, beheading, stoning, Cutting off limbs, burning and many other different means. The phrase usually refers to systematically striking the suspect with an implement, whether in legal, family or educational settings. Most of the times the imposed judgment tends to inflict a manner of bodily pain upon the suspects without killing them. Since medieval times, corporal punishment was commonly used in areas that did not warrant capital punishment, exile or banishment. Most opponents of these punishments are greatly concerned of the widespread practice and the brutality with which this technique is repeatedly inflicted. Corporal punishment is also used to mean a wide range of punishments moving from forced labor, amputation and torture. This punishment co mes in a wide variety of names, some of which are generic and others shows the extent of punishment and severity of injuries sustained. These names include spanking, caning, swatting and paddling. In this paper, the mentioned terms are literally used to mean a general term for corporal punishment (Key Events in the Debate over Corporal Punishment, 2006). The gradual growth of humanitarian ideals has led to abandonment of this practice, and today in the west it has entirely been replaced with life imprisonment and penalties. Bodily harm or corporal punishment continues to be practiced in correctional facilities of many countries. In some Middle East and Asian countries, amputation and beheading remain prescribed punishments. This vice is currently prohibited by several international human rights conventions. Over years, governments and parents have deliberately and lovingly administered corporal punishment with true desire of producing individuals who are democratic and peace loving. In this paper I would like to discuss the influence brought about corporal punishment, how it originated, and effects it has on the victims (Who decides whats right History of Corporal Punishment Historically, physical punishment was generally used in the early times of Moses, in laws of Sparta, Troy, Athens, and many other Greek states. It was also practiced in medieval Christian church traditions especially in Judaism. Currently its practiced in many countries of the world and remains in the judicial systems of some European communities. Even if the history of corporal punishment is not certain, the barbaric practice was confirmed as early as the 11th century in ancient Israel and it was definitely practiced in conventional civilizations used by Egypt, Troy, Sparta, Rome and Greek. In those times, the punishment was mainly focused on legal and educational settings. In early Europe, corporal punishment was promoted by manners of the early church in the respect to the human body. Since the judicial and education setting were attached to the church, this had a drastic influence on the implementation of corporal punishment. Nonetheless, corporal punishment in those medieval tim es was criticized by Archbishop of Canterbury, philosophers like john Locke and catholic priests (Who decides whats right, 2001). From the late 15th century, new developments in corporal punishment started to emerge. Legal sentences turned into open spectacles, where suspects were punished openly to deter others from committing related offences. In early 18th century, the whole idea of corporal punishment was attacked from various quarters and it was seen as ineffective method of correcting bad behaviors. Most people argued in unison that punishment of any kind should focus on correction and not retribution. The end effects of these ideas led to slight decline in the use of corporal punishment. In England the use of legal corporal punishment reduced in early 20th century and it was finally eradicated altogether in June 1948.Even if the practice of corporal punishment as been eradicated in most countries, in some Asian and Middle East countries it is still preserved as a judicial sanction (Corporal Punishment Abroad, 1999). Corporal Punishment in Modern society. In the modern society, corporal punishment stands out as ordinary method of disciplining and dealing with criminals and unruly children. Even though it has been banned in some European countries and states, most judicial systems allows people to be disciplined whenever they commit unwarranted crimes and when a reasonable distinction between the punishment and abuse is accessed. Physical or corporal punishment is distinguished from other punishments in that the damages are inflicted on somebodys body. It generally occurs as a technique of physical punishment for crimes and as a way to discipline bad behavior in the modern society, corporal punishment is widespread and its mainly divided into three unique classes: Domestic corporal punishment-found within family settings and mostly involves women and children being punished by spouses, guardians, parents or family members. Educational corporal punishment-found in educational settings and involves punishments of students within schools by teachers and school management. Judicial or legal corporal punishment-generally involves a criminal sentence brought about by the court of law and directly related to prison physical punishment. Domestic corporal punishment found within family settings is generally done under the phrase spare the rod and spoil the child. It involves slapping, whipping or spanking the child. In most European countries, domestic physical punishments its outlawed while in most African countries and some states of the United States of America are legal. Educational corporal punishment found in educational settings involves punishments of students within schools by teachers and school administrators. Students here are punished for misbehaviors or abuse of school rules and regulations. Students are either slapped or whipped in some cases, or paddled. Corporal punishment used to be common in education settings in many parts of the globe, but in modern years it has been banned in virtually all of European countries, Australia, Japan, New Zealand, Canada, and other small countries. In some parts of Africa and Asia it remains prevalent. Analytically, corporal punishment is most rampant among male stud ents compared to the female students and its more severe to males. Judicial or legal corporal punishment involves prescribed application of caning, whipping and strapping as an order from the courts. These punishments are common in African, Asian and Middle East countries. Most of countries with Islamic sharia laws employ ranges of these corporal punishments. As mentioned above, there are three settings in which corporal punishment is administered. Our focus in this paper will be in the judicial system and educational system. These settings commonly share similar unique characteristics that set them aside from other types of corporal punishment. Under extreme circumstances, Corporal Punishment is an effective method of punishing many people. It is a very adequate technique of keeping lots of the populace under control. It is mostly used as a caution to show the nation the penalty behind some of the dealings that certain citizens choose to execute. Is Corporal Punishment Abuse or Discipline? Antagonists of corporal punishment are precisely critical of its extensive practice and the brutality with which it is imposed. In many ways, corporal punishment can be referred as a gross abuse of fundamental human rights. Many people argue that its a good way of discouraging bad behaviors and crimes in the society but proportionally, the damage inflicted on somebodys body is not relative to crime committed. Its at times impossible for people to balance the concept of abuse and discipline. The subject of the use of corporal punishment in the society appears to be extremely contentious, with extremists analyzing both concepts of the continuum. Both abuse and discipline have a reasonable distinction and a good correction method can turn to abuse when overdone. When discipline results to bodily harm or affect the emotional level of a child or citizens, then it escalates into battering which is abuse. Obviously there are occasions of general abuse and of offensive bodily punishment. Thi s claim is inadequate to show even a connection between corporal punishment and abuse. Scientific research into probable connections between abuse and corporal punishment has not been conclusive so far. The fact that judicial corporal punishments cause bodily harm, it does not demand that punishment should never be imposed by anybody. If it has such power, then the system should not be blamed if individual supposed to administer the punishment exceeds their powers. Its critical and very difficult if we try to condemn the offensive but not, the nonoffensive use of corporal punishment. For this technique to be valued and respected, it should follow the due course of the law, it should bring bodily pain without injury, it should not discriminate people in terms of gender and religion and there should be appropriate timing when administering the punishment so that the victim would be emotionally prepared. Delayed punishment allows the due process of law to be followed regardless of the legal term justice delayed is justice denied (Key Events in the Debate over Corporal Punishment, 2006). Corporal punishment in individual countries Corporal punishment is established many countries of the world and its practiced with intention of punishing those affiliates of society who have committed atrocious crimes against fellow citizens and laws of the land. In some times its used to give families of victims a sense of tranquility. Various types of corporal penalty subsist around the globe and in mostly related to the religion and social cultures of the nation. In Afghanistan- corporal punishment was widespread during the Taliban reign from 1996 to 2002.Being an Islamic state, the sharia laws ordered punishments notably to all criminal offences. Flogging is the most widely used punishment here and are generally intended to be embarrassing rather than painful. Literally, at the moment the Whole criminal and Justice System of Afghanistan seems to be rotten and most of these punishments are being performed without proper legal proceedings. Apart from the courts, teachers are also attempting to affirm their power over students by punishing them. This is widespread across the country and most of the times leave students badly injured. Reports of students being caned, slapped, punched and kicked as now become a daily routine. The current government claims its trying to curb the vice but this has not been forthcoming as many reporters still publish stories of students being hospitalized from injuries sustained in schools. In addition to floggings, Saudi Arabia on its part uses cutting off limbs, stoning and mutilations of body parts as a technique of corporal punishment. In normal circumstances such punishment are highly contentious and beastly. In early years corporal punishment involved caning, slapping and flogging. But of late physical punishment like mutilations have been introduced via the sharia laws. Most British colonies like Botswana, Nigeria, Malaysia, and Tanzania also employ judicial whippings and caning for a variety of offences. These punishments are more serious in Islamic countries like the ones mentioned above and others that practice Islamic sharia laws. Other countries that have practiced judicial corporal punishments include Germany, Korea, Sweden, China, state of Delaware in United States of America, Burma and Vietnam. According to research, currently most industrialized countries have barred corporal punishment in their society. Some countries have gone a step further in outlawing any form of bodily harm by state organs, including the judicial system. Global Convention on Human Rights has made a treaty that force member countries to protect criminals and other groups from physical attack and abuses coming as a result of corporal punishments (Who decides whats right,2001). Pros and cons of corporal punishment In most cases, individuals who oppose corporal punishment do so on sole foundation of single unwarranted arguments. Usually they claim many reasons to support their beliefs. Most of the times they do not support their arguments on a particular theory or philosophy. Previously, many People in the world thought that the best and cheap way to punish criminals was use of physical force. This technique is meant to infringe pain to someone by flogging, whipping, caning, hitting or beating them. The most important reason of corporal punishment is to reprimand someone for committing crime and to educate people to learn from their previous mistakes. In general, corporal punishment has its pros and cons. Its supporters claim it offers advantages over other punishments in that it is fast to implement, cheap and discourages rowdiness experienced in some judicial systems. Advocates of this punishment also argue its cost effective in that it reduces prison congestion hence promote development of t he prison facilities. This approach promotes easier reincorporation of the suspected criminals back into the society since they are not imprisoned and most of the times the infringed wounds heals. There are greater chances of avoiding such crimes and less recidivism. Supporters of the corporal punishment in children, whilst accepting corporal punishment results to child abuse, most of them claim when properly managed it can be a the most successful technique of disciplining unruly children (Corporal Punishment Cessation ,1999). Research by Harvard university shows that most American families support minimal application of corporal punishment. Use of corporal punishment makes people appreciate social norms and understand doing something wrong result in one getting hurt (pain) and suffering. As many citizens know the consequence of disobedience the less the crimes there would be. This punishment has numerous unfavorable psychological effects like depression, anxiety, is degrading, rig idity, teaches the wrong lesson, and stems up sexual deviance. Opponents of this punishment claim that any form of bodily harm or violence is definitively abusive. corporal punishment result to lack of trust to those in authority and makes one hate the systems and organs infringing those pains (Applied psychology,1978). People who are bodily disciplined are most likely to grow up appreciative of it and using it to resolve interpersonal conflicts.In term of domestic and school corporal punishment, it leads to obliteration of trust bonds and finally makes a child grow shy, violent bitter and insecure. These abuses and beatings lower their self-esteem, and promote aggression and fury without reducing bad behaviors the ones the child was being punished for. Some antagonists of corporal punishment argues that this method is not effective in eliminating crime and unruly behaviors in that it does not deter those punished from repeating similar crimes and mistakes. Unjust corporal punishment can be prevented by providing systems that safeguards the rights of this people. To be effective, there could be restrictions on the crimes for which the suspects can be punished, the materials used to inflict the punishment, the severity of the strokes and the site in the body where the punishment would be performed. Punishment within schools and families are less easily monitored, so proper preventative measures should be taken to avoid injuries. In some instances external monitoring is effective to counter check if one is doing it right or wrong (Davenport, 2003). Conclusion In my own opinion, I dont support the use of corporal punishment even if this paper has proved it not always immoral to administer one. Corporal punishment is a horrible practice, even if justified; it should not be cheerfully embraced. Other effective methods can be coined to treat bad behavior and crime in the society as an option to corporal punishment. Currently, corporal or physical punishment has been outlawed in the majority of the global states since many people who administer them abuse it. After bad legal battles arise, the governments systems are put into disrepute. In my conclusion I can comfortably say there are many other ways of dealing with criminals and unruly children and corporal punishment is not one of them.