Saturday, October 12, 2019
The Fall Of Quebec :: Canadian Canada History
The Fall Of Quebec The fall of Quebec was a turning point in Canadian history, changing it from a French colony to a British colony. Had this battle gone the other way, English might be the second language, not French. The battle of Quebec was one of many battles during the 'Seven Year War'. They called it the Maritime War. It was officially declared in May 1756. Britain and Prussia were on one side and France, Spain, and Austria on the other. The war moved across the Atlantic Ocean from Europe because the French and the British were fighting over furs and land. Britain, while subsidizing and aiding Prussia, its only European ally, sought victory in America and sent what was for that century an overwhelming number of regular troops in order to stiffen the military of the American colonies. The French Colonists were very angry. The English were slowly moving over the Appalachian Mountains. Thereby invading the French fur trapper's land. In September 1758, General Jeffery Amherst attacked Louisburg, the frontier fortress of Canada. Major General James Wolfe was second in command. There was only two years difference between the too men. The Fort on Cape Breton Island was the key to the gateway of the St Lawrence River. (Britannica vol. 8) Whoever held the fort had the key to the heart of Canada. After the British captured the fort, Quebec was the next military target. The following June, Major General James Wolfe led the British up the river. Helping Wolfe were Brigadiers General Robert Monkton, James Murray, and George Townsend. The flotilla had forty-nine men-of-war, fully one-quarter of the entire Royal Navy, two hundred transports, storage vessels and provision ships. (digitalhistory.org) The fleet was commanded by three admirals, Saunders, Holmes and Durrel. The chief navigator was Captain James Cook. He would later explore the Pacific Ocean. Forty miles below Quebec at Isle aux Coudres the river becomes narrow, making it extremely swift and treacherous. Submerged rocks, sandbars and shallows became a hazard for ships. The French navy feared this, so they placed pilots on the island to guide the ships through the cannel safely. The colours of France were raised on the British ships as they passed through the dangerous point. When the pilots rowed out to help guide the ships, they were captured. These men were given the choice of helping the British or being hung.
Friday, October 11, 2019
Composing an Impartial Jury & Balancing Multi-Racial Representations Essay
The Due Process Clause of the Fourteenth Amendment guarantees the right to trial by jury in state court. This amendment makes the 6th and 7th amendments applicable to the states. The Sixth Amendment to the United States Constitution grants a criminal defendant the right to a trial ââ¬Å"by an impartial jury of the State and district wherein the crime shall have been committed. â⬠The Seventh Amendment provides a similar right in civil cases. The United States Supreme Court has defined, an ââ¬Å"impartialâ⬠jury as a jury drawn from a representative cross-section of the community in the district or division where the court convenes. The framers of the constitution sought to create an independent judiciary and to protect the people against arbitrary action by that judiciary. The right to be tried by a jury of his or her peers safeguards a person accused of a crime against a corrupt or overzealous prosecutor and against a compliant, biased, or eccentric judge. The requirement of a jury chosen from a fair cross-section of the community is fundamental to the American system of justice; it plays a pivotal role in ensuring impartiality. The first step in the process consists of the creation and maintenance of a master list from which the jury pool is drawn. This can include source lists such as voter registration, driverââ¬â¢s license, state income tax files, unemployment records, and public assistance rosters. The second step is the selection of the actual trial jury from the pool of citizens. Lastly is the instillation of the trial jury as a non-biased and fair representation of the defendantââ¬â¢s peers. Notwithstanding the Sixth Amendmentââ¬â¢s guarantee of the right to an impartial jury, there are inherent flaws in the jury selection process. It is the second step that is most likely to be the downfall of the third. Randomly selected pools of potential jury members do not always accurately represent the entire community. These randomly selected pools often under represent both racial and ethnic minorities. The American Bar Association works to promote justice, professional excellence, and respect for the law. In doing so it has a natural stake in the selection of fair jury pools. The ABA is the largest voluntary professional association in the world. They provide many important resources including programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. In line with their standards for the ethical practices of jury trials, the ABA has established two goals in regards to the juror master lists. The first is inclusion of all eligible citizens. The second is representation of all portions of the community, These goals often prove difficult to accomplish in practice. This paper will focus on three aspects of a process, which together constitute the definition, selection, and empanelment of a fair and impartial jury. Lastly it will summarize these points and then suggest a model to aide in overcoming the shortfalls evident in the current systems. Part I lays the foundation for what constitutes an impartial jury. Part II identifies general racial stereotypes jurors may hold about defendants and address the importance of combating those stereotypes to insure impartiality. Part III highlights the key players in the empanelment of an impartial jury and the need for collaboration among them during the voir dire process. The report will also discuss placing limits on the voir dire process, including the possibility of eliminating it all together. Part IV, the summary, proposes a two-point model that strives for both fairness and consistency. The intent is to preserve the role of the adversary system in jury selection. This should strengthen the Sixth Amendmentââ¬â¢s guarantee of an impartial jury. I. DEFINING AN IMPARTIAL JURY The Sixth Amendmentââ¬â¢s reference to an ââ¬Å"impartial juryâ⬠has served as the basis for the broadly accepted definition of a jury composed of the defendantââ¬â¢s peers. Additionally, an impartial jury is one that will decide the case on the evidence and law given to them by the judge. This must occur even if they personally disagree with the law. The process should be free from the bias of either prosecution or defense, and the jury members should represent the class, race, and gender scheme of the community where the defendant resides. Racial diversity within a jury has been a favored method in which to bring about impartiality and the idea of procedural fairness. This understanding is based upon the statement that ââ¬Å"diversity on the jury enhances its ability to consider a variety of perspectives in evaluating the evidence at trial, that ability is reduced when juries fail to reflect the diversity in the community from which they are drawn. â⬠Although an adversarial process is an essential part of our legal system, the goal of empanelling an impartial jury may require more collaboration and less competition at the voir dire stage. A jury derived from a source that excludes certain people based on race is non-representative and thus unconstitutional. Racial, ethnic or other stereotypes can lead to bias and a lack of impartiality among the jury members. There have been several models used over the years to create a jury panel that accurately represents the community and offers impartial fairness. The Blank Slate model and the Merger model are amongst them. The ââ¬Å"Blank Slateâ⬠model assumes that all potential jurors arrive in court with no knowledge of the case, prior expectations, preconceived notions, or particular dispositions. The court instructed potential jurists to set aside all personal experience on entering the courthouse. However, courts and other social scholars soon realized that it was not only impossible, but also unproductive to use jurors with no opinions available to them, aside from those presented in the court. It was recognized that ââ¬Å"jurors come to the courthouse with a variety of beliefs and experiences, but assumes that each juror who is selected to decide the case will put aside any biases, group allegiances, or predispositions in order to decide a case impartially. â⬠This model was also contrary to the selection of a cross-section of the community, lacking both diversity and cultural identifications. The United States Supreme Court observed, ââ¬Å"Impartiality is a group, rather than an individual, characteristic. â⬠This stance led to their approval of the Merger Model over the Blank Slate Model. The Merger Model focuses on the requirement that the pool of jurors itself needs to be a cross section of the community. It attempts to balance the need for everyday experience with the desirability of a blank slate with regard to the facts of the case. This model recognizes that while individual jurors may not be able to be impartial, the exchange of viewpoints and opposing opinions in the jury room will result in an impartial jury. This balancing factor recognizes and respects the differences in jurist opinions, which stem from uncommon life experience, but allows impartial compositions based on the checks and balances of a group system. Much as the ABA discovered concerning their stated goals, the model encouraged by the Supreme Court is more difficult to defend in practice than it is on paper. Opponents of the model argue that the courts can not achieve the selections of a representative cross section of the community. ââ¬Å"A small sample of twelve or a few, even one that is randomly drawn, and particularly one that is molded by excused for cause and preemptory challenges, is unlikely to mirror the composition of the community on race, ethnic background, and gender. â⬠A. The Venire The first step in composing an impartial jury is to ensure that the venire will draw from a cross-section of the community. Justice Thurgood Marshall wrote, ââ¬Å"[w]hen any large and identifiable segment of the community is excluded from jury service, the effect is to remove from the jury room qualities of human nature and varieties of human experience, the range of which is unknown and perhaps unknowable. â⬠Washington State selects jurorsââ¬â¢ names at random from voter registration and driverââ¬â¢s license and ââ¬Å"identicardâ⬠records. The use of voter registrations in the compilation of other states lists exclusively has created disparity. In a majority of other states, present jury selection procedures often result in juries composed predominantly of persons who are white, middle-aged, members of the middle and upper socioeconomic classes, and from suburban or rural areas. This results in the exclusion of African Americans, the poor, the young, and various other minority groups. The disparity created by use of voter registration is especially clear in the numbers of minorities represented on the lists. The sole use of these records is therefore tantamount to willful systematic exclusion. According to a 1980ââ¬â¢s voting and registration report completed by the Bureau of the Census, only 35. 5% of voting age individuals of Hispanic origin in the United States registered to vote in the 1988 presidential elections. African Americans showed a higher rate of registration than the Hispanic population. However, in the United States they still had a lower registration percentage (64. 5%) than white voters (67. 9%). In areas where a sizeable minority population exists, as in California where the racial minorities together outnumber the total Caucasian population, voter registration lists are likely to be inherently under-representative of a minority populace.
Thursday, October 10, 2019
Culture, Ethnicity, and Health Care Practices Essay
1. Identify two religious or spiritual practices in which members of the Evans Family may engage for treating hypertension, diabetes, and mental illness. In the text, the Evanââ¬â¢s family is introduced as an African-American family, and members of the Baptist church. Members of this family have been diagnosed with hypertension, diabetes, and mental illness, diseases that the family may attempt to treat through religious of spiritual practices. Daily prayer may be a spiritual/religious practice used by the Evans family to treat the mentioned health conditions. ââ¬Å"African-Americans consider themselves spiritual beings, and sickness is viewed as a separation between God and manâ⬠(Purnell, 2003, p. 49). In an attempt to get closer to God, daily prayer would be viewed as a positive aspect to accomplish this, lessen the separation between themselves and God, to improve or abolish the sicknesses. God is viewed as the ââ¬Å"supreme healerâ⬠, and the Evans family may also be asking God through prayer for healing to improve the illnesses, and restore their health. Another spiritual practice which may be employed by the Evans family to treat the hypertension, diabetes, and mental illness which they are experiencing involves the laying on of hands. African Americans may hold the belief that diseases can be cured when a person of faith gifted with special healing powers touches the afflicted person. This touch is usually accompanied by prayer. Sometimes, it is believed that ââ¬Å"â⬠¦the laying on of hands is thought to free the person from all suffering and pain, and people who still experience pain are considered to have little faithâ⬠(Purnell, 2003, p. 50). It is important that the health care provider be aware of these spiritual practices, their potential effect on the health care plan, to provide culturally competent care. 2. Name two dietary health risks for African Americans. Typical diets for African Americans can reflect the regional cuisine, but there are some foods and types of foods that are considered central to the diet. Salt pork, or ââ¬Å"fat backâ⬠is a staple ingredient in many African Americanââ¬â¢s diet, and reflect the tendency of the diet to be very high in fat, cholesterol, and sodium. This type of diet is associated with high blood pressure, heart disease, stroke, and diabetes; these conditions do occur at a higher prevalence in the African American population. Another diet related health risk involves the tendency to view people of healthy body weight as being underweight and needing more ââ¬Å"meat on their bonesâ⬠(Purnell, 2003, p. 47). Even in infancy, it is a common practice to avoid underfeeding by feeding newborn infants liquefied cereal mixed with formula and given through a bottle. ââ¬Å"African Americans believe that giving only formula is starving the baby and that the infant needs ââ¬Ëreal foodââ¬â¢ to sleep through the nightâ⬠(Purnell, 2003, p. 47). These views may lead to a tendency to overeat, and be overweight, which is associated with the increased risks for the health conditions listed above. Health care providers can be in a position to give nutritional information, and recommend resources to assist patients to reduce dietary health risks, while maintaining the spirit of traditional cuisine. A magazine published by a health network directed at African Americans encourages healthier, culturally sensitive changes: Dr. Jones stresses that eating healthy doesnââ¬â¢t mean having to give up favorite foods. It just means preparing these dishes in a healthier fashion. That includes traditional favorites, like soul foodââ¬âone of the oldest and richest cuisines in America. While itââ¬â¢s always been good for the soul, soul food is usually not so good for the heartâ⬠¦But soul food doesnââ¬â¢t have to be bad for you. You can continue to enjoy your ages-old family recipes in a new, health-conscious style by changing your cooking methods (Advocate Health Systems, 2007, p. 2). 3. What historical precedence is there for distrust of ââ¬Å"outsidersâ⬠in Appalachia? People in Appalachia are characterized as having a distrust of ââ¬Å"outsidersâ⬠, and are often unwilling to share their true thoughts and feelings with them. Part of the historical precedence that contributes to this distrust centers on their prior dealings with authority in the form of the large mining and timber companies. The Appalachian people were exploited by having their land taken by these outside business interests, who then subsequently attempted to control the behaviors of the workers for their own profits. There is a strong reliance on family and community; individualism and self-reliant behavior, and reverences for family lineage are highly valued within this culture. Appalachia has been characterized by poverty and isolation, which can result in cultural lag. There has historically been a limited access to education, as well as less of a valuing of higher education, with an emphasis placed upon learning skills necessary to enter the traditional employment fields and earn a living. These factors encourage the continuing distrust of outsiders. Communication styles reflect a general distrust and unease with ââ¬Å"outsidersâ⬠. Materials or oral communication presented at a level that is beyond the understanding of the client may lead one to believe that the provider is ââ¬Å"stuck upâ⬠or ââ¬Å"putting on airsâ⬠and may add to a general feeling of distrust. Traditional Appalachians may value a large amount of personal distance, direct eye contact, and may value silence. They are often unwilling to communicate true needs in an attempt to be polite. Because of historical inequities with interactions with authority figures, including outsider health care providers, traditional Appalachians may not respond well to teach or instruction that is perceived to be an order; they may be much more receptive to hints and suggestions which solicit the clientââ¬â¢s opinions (Purnell, 2003, pp. 73, 74). Because of improved technology, transportation, educational and employment opportunities, and more exposure to outside culture, traditional Appalachia may be changing, and the barriers and distrust of ââ¬Å"outsidersâ⬠will be lessened. However, an Appalachian educator notes: The mountains have figured into all of it. The mountains kept us so isolated from the rest of the country and from other peopleââ¬â¢s involvement in our lives that we developed these characteristics: We are very independent, we are very contented with the places that we live, we are very close to nature, we have a deep sense of a belief in God, and we have a deep sense of being friendly and kind to one another and helping one another, and taking care of everyone else in their needs. And we also have a strong sense of whatââ¬â¢s right and what ought to be and a deep mistrust of anyone whoââ¬â¢s new, anyone whoââ¬â¢s a stranger. We donââ¬â¢t trust change very well and we donââ¬â¢t like change very well (Morgan, 2005, p. 1). 4. What evidence do you see of the ââ¬Å"ethic of neutralityâ⬠in this case study? The case study presents a view of the client by using her preferred terms, language, and presents her views in an objective manner. The case study seems to reflect the point of view of Miss Leona, and it respects her unique perspective. The author uses the words of the speaker to explain her reasons for doing things in a way that reflects aspects of the culture. For example, rather than state that Miss Leona may have difficulty reading medication instructions, the author includes the information that she was only educated through the third grade, and states ââ¬Å"She admits not using the salve given to her by Dr. Adi because he told her to apply the salve according to the instructions on the jarâ⬠(Purnell, 2003, p. 89). The author does not make any judgments relating to the health related behaviors of the people in the case study. Several elements that illustrate cultural domain concepts are objectively presented. The use of folk medicine is demonstrated, with no evaluation of the home remedies, including the application of a bacon grease poultice to the leg wound. Similarly, the author presents Miss Leonaââ¬â¢s own explanations of her illnesses, including her statement that she has ââ¬Å"low bloodâ⬠, in a subjective manner. The ââ¬Å"ethic of neutralityâ⬠is maintained through an objective account of her situation, as experience by the patient alone, within her unique perspective. 5. How might you help Miss Leona eat a more nutritious diet? In the case study, the elderly Miss Leona reveals that she has been diagnosed with a heart disease, which her physician attributes to a high fat diet. She believes that her heart problem is instead related to the recent death of her husband, based in part on the timing of the diagnosis. She has expressed her dissatisfaction with the physician who has diagnosed this condition, because he did not communicate adequately during the visit. Miss Leona reveals that her diet is mainly high fat meat, dairy, and simple starches; she doesnââ¬â¢t mention fruits or vegetables at all. These foods are easy for her to prepare, and readily available. She demonstrates the difficulty in bringing food to her home, because she has to walk up a steep grade and a footbridge to get to her home. She does rely on others to bring her groceries at times, but makes it clear that she values self reliance. In accordance with traditional Appalachian cultural values, Miss Leona would most likely not respond well to being told directly which foods that she needs to eat to stay healthy. Rather, a practitioner would have to engage her in more of an indirect chat that would show knowledge of Miss Leonaââ¬â¢s unique situation, and respect her likes and dislikes, and her need for ease of food preparation. The practitioner would also have to address the issue of being able to accept assistance needed to even bring healthy foods into her home, since there are physical barriers present that make carrying heavy groceries up a steep incline, especially with an infected leg wound, and a heart condition, impossible. The practitioner would need to provide the appropriate support needed to help make food choices that Miss Leona would be able to prepare, and enjoy. 6. Describe two taboo views that African Americans may have about pregnancy. Taboos are practices that if done, are likely to result in harm coming to the mother, unborn child, or both in the case of pregnancy-related taboos. There are a few pregnancy taboos regarding photographs that African Americans might have, according to the text. There is the belief that pregnant women should not take photographs, or they may cause the baby to be stillborn. Another cultural belief that may be shared is that a pregnant woman should not have their picture taken, because it captures their soul. There is also a taboo that involves the dangers of purchasing clothing or other items for an unborn baby. This is said to be ââ¬Å"bad luckâ⬠for the baby and mother. Baby items are purchased after the child is born to avoid causing harm to or misfortune to the mother or her child. Pregnancy taboos views may be held by African Americans, in addition to other prescriptive and restrictive practices regarding childbearing. The realities of pregnancy are related to many factors. ââ¬Å"African American women usually respond to pregnancy in the same manner as other ethnic groups, based on their satisfaction with self, economic status, and career goalsâ⬠(Purnell, 2003, p. 48). 7. Identify and discuss views that Dorothy and her parents may have about mental illness and medication. In the case study, Dorothy is a 42 year old African American woman living with her parents who takes medication for a diagnosed of bipolar disorder. African Americans have variations in drug metabolism, particularly of psychotropic medications. They show higher blood levels, experience a faster therapeutic response, and are at more risk for drug side effects. ââ¬Å"Health care professionalââ¬â¢ personal beliefs may about a specific ethnic group may account of how the drug is prescribed, and African Americans are at a higher risk of misdiagnosis for psychiatric disorders and ,therefore, may be treated inappropriately with drugsâ⬠(Purnell, 2003, p. 48). The Evans family may have seen these medications misused in family members or friends, and may have some negative view regarding the treatment of mental illness. In African American culture, there is a tendency to use medication on an ââ¬Å"as neededâ⬠basis; when an illness improves, and the person feels better, she may stop taking the medication. This practice could be very detrimental to medication therapy for bipolar disorder. If Dorothy and her family engage in this practice, she would most likely not have had good responses to medication. Dorothy and her family may therefore have a negative view of the medicationââ¬â¢s effectiveness. African Americans often attach a stigma to mental illness, especially since there tends to be a high frequency of misdiagnosis of psychiatric disorders, leading to a distrust of mental health professionals (Purnell, 2003, p. 50). The Evans are a religious family, and they may have prayed and attempted to achieve spiritual healing for Dorothy. When the illness persisted, they may have judged Dorothy as not being faithful enough to receiving healing. With these cultural factors coming in to play, there is a high probability that Dorothyââ¬â¢s illness presents a great challenge within the Evans family. References Advocate Health Systems (2007). How to make your family recipes heart healthy. Advocate Magazine 3(24). Retrieved 6/12/07, from http://www. advocatehealth. com/trin/info/library/ham/win00/trin1. html? fitness Morgan, K. (2005). West Virginiaââ¬â¢s Appalachian culture. West Virginiaââ¬â¢s Appalachian Music and Literature Resources. Retrieved 6/12/07, from http://www. ferrum. edu/applit/studyg/West/htm/wvcultur. htm . Purnell, L. (2003). Transcultural healthcare: a culturally competent approach. Philadelphia: F. A. Davis Company.
Wednesday, October 9, 2019
Christian Thought + Hindu Tradition Research Paper
Christian Thought + Hindu Tradition - Research Paper Example The process of his conversion was not easy; he imbibed various religious philosophies and ultimately formed his own viewpoint about religion and theology. (Frend, 651-653; Ehrman, 80-81). 2. Donatism was a movement of the masses. It was formed by the union of a group of angry Carthaginian people and a set of uncompromising Numidian population. Donatus was the founder of the movement and he believed that as there was only one God, his Church was also one and it was characterized by purity. The movement gained considerable success and became a representative of the Christian and African religious ideals. North Africa under the Donatist movement gathered itself around its bishops and following the Cyprus and the Donatist ideals almost became a Christian society. (Frend, 653-656). 3. Tyconiusââ¬â¢s Rules about exegesis significantly influenced the interpretation of the Scripture during his succeeding times. The philosophies of Bede and Beatus of Libana of the eighth century were both influenced by the ideals of Tyconius. Tyconius belonged to the Donatist Movement and his work exhibited the influence of the layman on the Christian Churchââ¬â¢s theology. Maximian belonged to the family of Donatus. His philosophies represented a moderate standpoint inside the Church and were successful in gaining the support of about 100 bishops of Africa and Byzacena. (Frend, 657-658). 4. Augustineââ¬â¢s father, Patricius was of pagan origin, his mother Monica, belonged to Christianity. He was brought up on Christian ideals and his mother had a significant moral influence on his upbringing. His father stressed on his classical education and infused him with an ambition to have a public career. Augustine was tutored by Maximus of Badora. From Thagaste he moved to the school of Madaura situated on the northern part of Numidian high plains. In 371c he traveled to study at Carthage in Rome. In Carthage he pursued two philosophies: namely Manichaeism and another faith which advoc ated undivided wisdom through philosophy. Augustine returned to Thagaste in 375c. (Frend, 659-660). 5. The Manichaeist philosophy believed that Christianity combined reason and revelation in a truly spiritual process of worship. The Manichaeists advocated that it was not necessary to worship God at nay altar. Augustine was closely associated with this movement. His allies included Fortunatus, a byter of the press in Hippo, Cornelius an intellectual man, Alypius also a resident of Thagaste, Honoratus, and a pagan converted to Manicheism and Nebridios who followed Augustine through the movement to Platonist Christianity. Therefore the Manichaeists comprised a zestful intellectual society that valued Augustine for his good qualities. (Frend, 660-661). 6. Donatism was popular among the Christians in North Africa. The philosophy propagated theory of Christian martyrdom, which in the opinion of Augustine was no better than Paganism. Augustine searched for a synthesis between philosophy an d the ideals of Christianity. He was prepared to reject the Old Testament as the word of God and accept a dualistic interpretation of the Christian religion. On the other hand the Donatists were in favor of imposing a ritualistic philosophy on their followers, which in turn was not acceptable to Augustine. (Frend, 661-662). 7. According to the opinion of Pelagius the Bible should be followed without questioning. He further believed
Tuesday, October 8, 2019
Relationship between Strategic and Financial Planning Essay
Relationship between Strategic and Financial Planning - Essay Example loyees observe the ethical code of conduct, which requires employees to practice integrity of highest level in ensuring that no act of corruption and embezzlement is practiced. Adherence to this code of conduct ensures that, truthful and accurate information is reported and this ensures correct financial planning. In essence, proper financial planning of an organization like Lowes immensely depends on accurate and transparent strategic processes (Dellaportas, Thomsen, & Conyon, 2012). For instance, when fraudulent financial report is presented due to improper strategic procedures, it results to improper financial planning and this implies that, the financial report posted for the investors represented the biased position of the organization. This may results to losses to the firm itself and the investors. In terms of cost, the initiative of implementing the strategic plan that involves ethics and compliance procedures in line with the financial reporting control system requires extra capital. This is necessary for ethics related capacity building meetings, constructing integrating financial reporting systems and training the staff on the benefits of the initiative (Loweââ¬â¢s, 2014). However, it is realizable that, the organization will reap immense gains in the end. This initiative is classified under capital expenditure and once it has been implemented, no recurrent expenditure is expected. This means that, the initialization and implementation is cost is
Monday, October 7, 2019
Are the European banks riskier than the US competitors for the period Essay
Are the European banks riskier than the US competitors for the period 2002-2007 yang - Essay Example The crisis was caused due to the failure of many banking sector across the world. The firms which had failed in UK allowed their businesses to overextend through risk taking and excessive leverage, over dependence on risky product streams like derivatives or buy-to-let mortgages, poor decisions of management in respect of acquisitions, over reliance on wholesale funding. The project describes the position of European banks and its US competitors during the period of global financial crisis and which banks were more riskier during that time. Introduction Unprecedented innovation and growth have been seen in the financial sector over the past two decades as new products and higher returns have been sought by the investors in the era of low interest rates. Banks also had an obligation to understand the risks to which they are exposed. The complexity of certain financial instruments and the interconnected developed global market often did not provide well understanding of the dangers inv olved with the banks, its investors and boards, central banks and regulators (HM Treasury, 2009). The risk models of banks were proved as flawed which was based on incomplete application of principles of finance. It was believed that risks had been widely distributed throughout the financial system by the method of securitisation but it proved as mistaken and risks posed by global increase in leverage were under-estimated. The remuneration policies of banks have contributed to the riskiness of financial system as they focussed too much on short term profit. Market discipline also proved as an ineffective constraint on risk taking in financial markets (Independent Commission on Banking, 2011).There were certain deficiencies in the corporate governance of banking institutions. The board of banks failed to understand this and they got prone to the risk management processes of their firms. The senior management also did not question on the sustainability and nature of achieved higher re turns. Many institutional shareholders were not able to monitor the effectiveness of senior management of banks nor did they challenge the decisions of board of bank. Generally, the banks and investors rely on the assessments of credit rating agency but they did not supplement the ratings with conclusions from the view point of their own analysis. The central banks and regulators, commentators and other authorities underestimated the risks built up in the financial system. The banks were exposed largely to the vehicles of off-balance sheet financing and lack of transparency. Literature Review Financial crisis of US bank The global economy was experiencing unprecedented level of financial turbulence. This was triggered by a downturn in US housing market, particularly the sub-prime end of the market. The instability grew steadily following the collapse of Lehman Brothers, an US investment bank. Initially, the investors realised that they have misjudged the risk in securities linked to low quality US sub-prime mortgages. Consequently, prices fall leading to heavy losses to the holder of assets. Then the investors became concerned about which of their counterparties are exposed to these losses and began to charge a higher risk premium to
Sunday, October 6, 2019
Mental Health review tribunals Essay Example | Topics and Well Written Essays - 3500 words
Mental Health review tribunals - Essay Example To ensure the protection from the evils of such disorder world legal forum set mental health tribunals to justify human rights for all irrespective of gender, race, territory and mental condition. From perspectives of the discipline of positive psychology, mental health may include an individual's ability to enjoy life and procure a balance between life activities and efforts to achieve psychological resilience. Subject to the Conditions as an introduction to the Mental Health Act, and as a suggestive source for people with mental health needs, professional workers and others encounter with these Acts. The Mental Health Act 1983 governs the admission of people to psychiatric hospital against their will, their rights while detained, discharge from hospital, and aftercare in England and Wales. Aprt from the philanthropic attitude there is criticism that the Act itself is not well organized, which is written in language that can be hard to follow for certain complications of the descrip tion of the legitimate proposition. The Domestic Violence, Crime and Victims Act 2004, which received Royal Assent in November 2004, contains a number of measures to extend the Government's program of improving services and support to victims of certain criminal offences from prison to hospital for psychiatric treatment, as well as offenders subject to hospital orders with restriction orders. Custodial remand remains ironic when convicted of a sexual or violent offence are then made subject of a hospital order as found unfit to plead and to have committed the act, and been charged, or not guilty because of insanity. They direct the admission to hospital of patients transferred from prison, and consider recommendations from Responsible Medical Officers in hospitals for leave, transfer or discharge of restricted patients. MHU also prepare documentation for Mental Health Review Tribunals (MHRTs), and monitor patients. For each new case, including transferred prisoners, the Victim Liais on Officer (VLO) do contact the MHU caseworker. Imperial evidences furnished through Mental Health Review Tribunals say a detained restricted patient may apply to have their cases heard by a MHRT once each year. If the patient does not apply, the Home Secretary would refer their case to a Tribunal every three years. The Tribunal will consider whether the individual needs to be detained in hospital for the purposes of mental health treatment. Liason officers should consult victims about their representations relating to discharge conditions and forward them to the Tribunal Office by the specified date. The document state that victims should be made aware that no guarantees can be given that any representations they make will not be disclosed to the patient. In fact, the expectation is that all documents are disclosed to the patient and the circumstances in which documents can be withheld are very limited. Rule 12 of the Mental Health Review Tribunal Rules 1983 allows the Tribunal to withhold any document from the patient if they co nsider that disclosure would adversely affect the health or welfare of the patient or
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