Sunday, November 10, 2019
Rules of evidence
Why are Americas rules of evidence more restrictive than those established by other countries? America's rules of evidence are more restrictive because unlike some countries we have Constitutional protections that safeguard Individual rights. An example of this would be the Supreme courts determination that a state rule requiring that a defendant wanting to testify In a criminal case must do so before the admission of any other defense testimony Is a violation of the Fifth and Fourteenth Amendment due process clause.The due process clause protects citizens of the united States from unfair and disorderly legal proceedings, coupled with the right to be informed of the nature and charges in accusation against them among other privileges. With this in mind it can be easily concluded as to the necessity of the restrictive nature of the rules of evidence. Although America adopted the English system of evidentially rules, many changes have been made since that time.Although the adoption of the Federal Rules of Evidence and the uniform Rules of Evidence has not embraced the simplicity that the drafters of the constitution may eave envisioned, they do bring about more uniformity and consistency to the legal system. The Federal Rules of evidence regulate evidentially matters in all proceedings In the federal courts and they bring about a significant measure of uniformity In the federal system. Unfortunately there Is far less uniformity among the states. Only thirty-six jurisdictions have adopted evidence codes that model the Federal Rules of Evidence. Out of the fifty states only forty-two have adopted these rules completely or in part. Of the remaining eight states, my home state of Georgia is in this line up. About a week ago I had the opportunity to learn of this first hand.My attorney and I were preparing a witness list to give to the District Attorney in a criminal case we have. He asked me to research the statute cited on the States witness list and tell him what i t says about using a defendant as a witness. To my surprise this is what I learned. Pursuant to O. C. G. A. 17-16-1 (2010) the deflation of a ââ¬Å"witness statementâ⬠In a criminal proceeding Is as follows: (2) ââ¬Å"Statement of a witnessâ⬠means:A) A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness; (B) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or (C) A summary of the substance of a statement made by a witness contained In a memorandum, report, or other type of written document but does not Include notes r summaries made by counsel.Paragraph three of this statute is the statement that demonstrates Georgia is not homogeneous with the Federal Rules of Evidence; and it also exclud ed our defendant as a witness in her own defense. I find to be ironic that the Constitution is the supreme law of the land yet individual states are allowed to have laws that are contrary. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. With the understanding that states can nullify federal laws that they determine to be ââ¬Å"unconstitutionalâ⬠, as was the case in Oklahoma regarding the Affordable Care Act; it is quite perplexing that Georgia along with seven other states find it unconstitutional to deny a defendant the right to testify in their own defense.
Friday, November 8, 2019
The Lovers by Marguerite Duras
The Lovers by Marguerite Duras In this paper we are going to analyze, to try to look deeper or even may be to feel the main ideas, concerns, themes of the famous novel of Marguerite Duras The Love. In order to do this, we have to stop a little on the personality of the author, this is really important for understanding the style and main ideas of the novel. She was born in Saigon French Indochina. Later on she decided to take up law in the native county of her parents ââ¬â France, but instead developed her talent as a writer. She wrote a number of novels, plays, short stories, was the director of several films, but her best selling book was The Lover ( Lââ¬â¢Armant in French). This novel was translated into 43 languages and in the year 1984 it received the Prix Goncourt reward. There was also a movie shot after this novel, the director of which was Jean-Jasques Annaud. Some time later, Duras also published another book, which was a little bit different from the first one under the name ââ¬â LArmant de l a Chine du Nord. Mostly her works were of an unusual style and full of romanticism. She was considered to belong also to Nouveau roman literally movement in France. The Lover is without double an autobiographical novel and there are some facts confirming this. For example the real lover of the author was also Chinese and his name was Lee. The last information that she received about him was that he became born Christian and that he really loved his family. He died at the same city where they met for the first time. The main heroine of the novel is 15, the same was the age of Duras when she had this love affair. The book is written in an unusual manner, not presenting the chronological sequences of the events and thoughts, this is more a collection of memories, feelings and dreams. The novel mixes up the present events with the past events. The short book of around 100 pages looks like an experiment, due to its style of recollecting ideas and images. At the very beginning the reader is not able to catch the thread of narration, however, really quickly he is amazed by novel. The author perfectly shows how human mind can rapidly recollect the events of the past and mix them with the present surrounding world. The memories seem to be so deep and so emotional that a person would never be able either to forget them or to get rid of them. The novel is absolutely far from simple romantic stories with happy ends, somehow it seems even to break the limits of the permitted relations for such a young girl, but this never makes it perfunctory or obscene. The story is told from the third person and then suddenly from the main heroin herself. This also contributes probably to the feeling that there are two worlds: the usual one, most people used to believe in living in and the other subtle and hidden world of persons desires and feelings. Happiness is hardly separated from violence, love and hated are mixed up, thus neither the themes nor the message of the novel are simple and transparent. The story is told in the way that sometimes there is a feeling that you are listening to a person who is talking in the state of hypnosis. Certainly the main portion of attention is drawn from the very beginning till the end of the story to the young girl, who is always sad, sad because of the situation in her family, because of lack of tender and real love from her mothers side, because of her responsibility for the youngest brother, later because of her involvement into the life of a grown up woman. She belongs to a French family, but living in Indochina, the status of the family is rather poor and low due to the death of the father. From one side this is still a very young a little naive girl, she is not able to have an affair based on pure sexual relations without falling in love. On the other hand, in many senses, this is a mature personality, psychologically older than her physical age. But it is not possible to state whether she is so wise or just gets into such situation only due to her curiosity. At the school, which she attends, other girls and she herself are not much interested in taking care of lepers, the cholera stricken. From the very beginning we have to pay attention to the appearance of the girl, because it is the same dual as her inner world: she has plaits and funny manââ¬â¢s hat, but on the other hand, her transparent dress and shoes make her look like a young prostitute. Thus there is also a contrast, because she is not stunningly beautiful and at the same time, when somebody looks at her he can not just pass by without noticing her ugly beauty. And exactly dressed like this she is noticed by a wealthy Chinese guy, who in a way is a contrast to her, to her clothes, appearance, manners, status. Actually, he could probably find another girl or woman who would be right for him, but he could not stand the temptation to have this one. And he starts conversation with her, though in reality the conversation seems not appropriate, she is far from his business and his compliments she accepts with childish easiness. When the girl agrees to be taken to Saigon by him, it is again not quite clear, weather she just wants to check her charms and ability to attract mens attention, or she is in really interested in this man. Maybe she is just sick and tired of her family situation, of lack of interest and care towards her and is looking to get it from a stranger. Concerning the young man and his motives for the relations with a girl, it is also hard to judge only from one side, he was probably fascinated by her image, by her youth, by her feelings, however there was no intention from his side to marry her, although he was desperately wishing to see her and to be with her. As their relations continue to develop, the girl falls in love, most likely she didnââ¬â¢t expect it and she didnââ¬â¢t want it, as she wanted first of all to be loved, but in reality she gives her body and a part of her soul to a man, who became her lover. In the event that happened after the restaurant, we again come across the duality common for the novel. On the one hand the lover hits and rapes the girl, she feels pain, humiliation, but on the other hand there is some kind of cathartic pleasure for her. Before the situation seemed to be under her control, now the man got what he wanted without her permission. But when she makes him pay the same sum of money that he would have to pay to the prostitute if he had sex with her, and he paid, in a way she manages to take her power back. The man is obsessed by the girl, not however wanting to marry her. Once the girl says that the real reason for her to be with him was money, the reader feels that it is not in this way, she probably doesnt love him deeply, but she is without doubt also attracted to him and nothing is so simple as just money. She maybe chose him for more important mission than being her man or her husband, she chose him as a person who would help her and push her to be reb orn from her old life into new one. At the end of the story it is absolutely clear that there will be no usual happy end, and that they wonââ¬â¢t be together and would have to part sooner or later, but they still have love for each other, which is probably far from that classical feeling described by poets and shown in melodramas, but if they are strong enough to part, that doesnt mean that their love was not deep enough and that many year later the lover will not appear in the life of a writer, saying that he still loves her. At least Duras wrote the book later, when she was a quite famous writer. Overall, The Lovers is a deeply emotional, sensitive and subtle story about a man and a girl, about their love and the power of this love, about the psychological fight and about erotic desires. In a way it can be also called a feminist novel, because it mainly underlines the strength of a very young girl, woman, who has little or even no idea about relations between men and women and still she is able to attract and somehow even to control a man who is much older than she.
Wednesday, November 6, 2019
College Move-In Day - Long Distance Dorm Move-In Tips
College Move-In Day - Long Distance Dorm Move-In Tips Moving your child into her new homeà is tough enough when youre schlepping all of her worldly possessions in the family car. Add air travel or a cross-country road trip to the mix and it becomes even more challenging. Thankfully colleges and retailers get it: Nowadays its becoming increasingly more common for kids to attend schools that are hundreds of miles from home, so you can ship belongings directly to campus, order supplies online for local pickup, or just wait until you get there to shop. Follow these tips to avoid a few key mistakes. Rent a Car An hours-long drive across several states may beà daunting, but if a one-way road trip is not too ghastly a concept, consider renting a car. Drive to the college with all the gear, move in, drop off the car at the airport, and fly back. Youll pay a premium for a one-way rental, but it may be worth it to avoid the hassle and expense of shipping large items. And save money by following these tips from U.S. News World Report: Dont buy insurance. Your insurance company may cover rental cars, so check before you travel. If not, many credit cards offer insurance for free if you use their card to pay for the car. Dont rent at the airport. Yes, youll drop off the car at the airport, but that doesnt mean you need to rent at the airport. Youll be paying a drop-off fee anyway, so skip the high price of airport rentals.Shop around. Spending just a few minutes on the internet, you can book your car online- often at a discount.Dont pay extra for GPS. Use your smartphone for navigation.Take your time when inspecting the car. Any dings or dents you miss may be billed to you upon returning the car.Return the car on time. Many rental companies determine drop-off times according to the time of day you rented the car. So, check with the company before renting. Use Storage Bins If you are driving, its much easier to pack a car (even a rental) with regularly shaped objects- boxes or large plastic bins- as opposed to plastic trash bags or grocery sacks. Plus boxes are much easier to lug up multiple flights of crowded dorm stairs once you get to the school, especially if the bins have handholds. Many dormsà dont have elevators, and those that do will be crammed. Once hes moved in, your child can use the bins for extra storage or to transport laundry to the laundry room, which is likely to be some distance away from his room. Ship Items Ahead of Timeà Double check the college mailroom schedule. Some schools accept packages over the summer, and a few even deliver to the dorms. Other mailrooms, like the one at UC San Diego, dont open until several days after move-in day, a situation that may leave your child sleeping on borrowed towels until he can retrieve his bedding from the mailroom. If you run into mailroom issues, make sure your childs luggage includes the absolute essentials shell need during the first few days, including sheets, towels, toiletries, a light jacket, two pairs of shoes, and a couple of sets of clothes. Your child can create decorations, such as picture mobiles, as well as a laundry basket and even a nightstand, with easily obtainable (and inexpensive) materials. Theres no need to buy and ship such items ahead of time. If you have a friend, colleague, or relative who lives in the same area where your child will be attending school, have his belongings shipped there. And while youre packing, remember that your child wonââ¬â¢t need his heavy woolens in August, so ship winter items later, or have him pick them up at Thanksgiving if he is planning to fly home for the holiday, as many students do. Order Online Some retailers allow you to order gear online and pick it up in stores in another state. Just verify the location, print out a copy of your order paperwork, and allow extra time for pickup. Big box stores near college campuses are always clogged during move-in day, but since youve picked everything out ahead of time youll be able to get in and out without a hitch. Shop Once You Arrive Depending on how your childs move-in and orientation schedules are structured, you might be there for one day or a weekend.à If you have an extra day for dorm room shopping, take advantage of it. It takes an incredible amount of time, but trying to find the right stores and the right stuff in a college town on move-in day can be quite an arduous task. If move-in day is just that- a day- dont panic when you realize youve forgotten something because youà willà forget something.à Locate the nearest big box stores before move-in day to save yourself some stress. If youve rented a vehicle, consider keeping it for one extra day so you can drive your child to pick up those last-minute supplies. Many stores allow you to order online and then pick up items the same day. Youll only need a laptop, tablet computer, or smartphone to order, so consider packing one of those three electronic devices, regardless of what method you use to deliver the goods- and your child- as she begins her long-distance college career.
Sunday, November 3, 2019
Foreign Currency Exposures of Medco Essay Example | Topics and Well Written Essays - 2000 words - 1
Foreign Currency Exposures of Medco - Essay Example This paper illustrates that money market hedging strategy is mainly based upon channelizing the interest rate exposures of the currencies involved i.e. the home currency and the foreign currency. Under the existing scenario, home currency is Pounds whereas the foreign currency is Euros. This strategy has the reciprocal way of dealing with the foreign currency risk in receipt and payment case. As the existing case is the receipt case, therefore, Borrow-then-invest strategy is followed. From the below-mentioned table, it can be viewed that at the first step an amount equivalent to the amount receivable in 6 months i.e. â⠬500,000 are borrowed at an interest rate of 2% per annum equivalent to 1% semi-annually. The amount received from a bank is immediately converted into the amount in pounds at the spot rate of 1.2834 producing a sum of à £385,733. This amount is then invested at a rate of 4% per annum equivalent to 2% semi-annually thus producing a sum à £393,477. Forward exchang e rate hedging is mainly based upon the mechanism of locking in a pre-determined future rate at todayââ¬â¢s rate. In another rate, when the invoice amount will be remitted, the exchange rate will not be the spot rate after 6 months rather the exchange rate will be the rate determined today i.e. forward rate. In the existing scenario, the fixed forward for 6 months is 1.2755. After 6 months, when the amount is remitted, â⠬500,000 will be converted at 1.2755 which is the forward rate determined 6 months earlier and will generate a sum of à £392,003. In this way, whether the home currency is appreciated or depreciated against the foreign currency, Medco will take the forward rate as the fixed rate and either the loss or the gain will be the sole liability of the forward rate dealer. From the above two techniques, it is quite evident that the money market hedging strategy is going to yield in a higher amount i.e. à £393,447 as compared to the forward rate based hedging strateg y which will yield in à £392,003. In this way, it can be noted that money market hedging based seems more effective given the interest rates and other factors remains constant. The Board of Directors of Medco is advised to follow money market-based hedging strategy, as the same will earn a marginal benefit of à £1,444 to the company. However, the arrangement of money market hedging will require substantial efforts of management in fulfilling the requirements of the bank providing this money market hedging facility to Medco.
Friday, November 1, 2019
Living on Borrowed Money Essay Example | Topics and Well Written Essays - 500 words
Living on Borrowed Money - Essay Example These people all amassed credit card debt while in college and are now living with the consequences. Student credit card use can cause academic failure, career damage, and a lifetime of physical ailments. Students that are forced to sacrifice their study time for employment are going down the dead end road to disaster. As a student, I can confirm that college is a full time endeavor. Working beyond that, though sometimes necessary, can only detract from your study time and result in a lowered GPA. Making extraordinary efforts to pay a mounting credit card bill will come at the expense of your academic standing. The result will be dropped classes and the potential of academic probation that threatens your ability to get financial aid. These distractions will be the recipe for a failed college experience. For those students who are lucky enough to escape college with a degree, credit card debt and missed payments can continue to haunt them. It is routine for employers to do background checks on applicants that include a credit report. Recent graduates may have a history marred by missed payments and overdue bills. Lynn Nemser, president of a leading management consulting company, says that it is assumed that people with a poor credit rating are less honest and more likely to steal ("Guess Who's Looking").
Wednesday, October 30, 2019
Gay marriages in colorado Research Paper Example | Topics and Well Written Essays - 500 words
Gay marriages in colorado - Research Paper Example How many people would it effect? Why or why should it not be legalized? Evaluate equality standards and the right to marry for everyone. Consider other states that have legalized gay marriage and the effects it has had on their state. Discuss the Minnesota Supreme Courts decision in 1970 about a same sex couple wishing to marry: Jack Baker and Michael McConnell. This was the very first time that government had to ever deal with same sex marriage as an issue. What were the results? How did this start to shape how people think about marriage? Discuss ââ¬Å"All Men are Created Equal,â⬠motto that has been adopted by the United States and how that motto plays a role in gay marriage possibilities not only in Colorado, but throughout the entire country. Discuss how different religions define marriage. As much of the United States history was based on Christianity, discuss how Christians view gay marriage. Discuss any Christian organizations in Colorado that might otherwise recognize gay marriage. Discuss other stigmas of marriage; describe the ââ¬Å"whimsical fairytaleâ⬠of a husband and wife, two kids and a dog and how that has changed since then. There are other formats that determine what a family is. Traditional roles of a marriage and a family have changed. Discuss why gay marriage is not widely accepted as something that is okay to do in the United States. Look at it from the other direction and discuss why it should be okay. Why are people so opposed to something that does not necessarily affect
Monday, October 28, 2019
Prison makes bad people worse Essay Example for Free
Prison makes bad people worse Essay In the year 2002, there were just over 68,000 persons in prison in England and Wales, 6,000 in Scotland and 1,200 in Northern Ireland. In the case of England and Wales, this is a few thousand more than in 1999, but at this time the plateau stood in marked comparison to the trend up to 1997-8 and it was by no means certain that this could be maintained, (Morgan, 2002). These findings serve to highlight the progressive increase in rising prison numbers in the UK the causes of which are continually in debate and beg the question; what happens when there is no more room left in our prisons? For the purpose of this essay, this author assumes that the statement ââ¬Å"prison makes bad people worseâ⬠infers that an offender, who serves a custodial sentence, is more likely to re-offend upon release. Before evaluating this statement and reaching a conclusion, this author will introduce a brief history of the prison system in an attempt to offer an understanding of how imprisonment has become the most severe penalty imposed on offenders in the UK today. Prisons all over the world have existed for many years for the purpose of confining those in society who have committed a crime serious enough to warrant such a sentence. The purpose of prison is now not only to inflict a punishment but also to attempt to rehabilitate offenders contrasting with the early days of imprisonment where little rehabilitative work was done. A custodial sentence is now the most severe penalty that an offender can be sentenced to in the UK following the abolition of the death penalty in 1965. Imprisonment is intended to punish offenders through restricting freedom and liberty as well as unfavourable living conditions in the name of ââ¬Ëless eligibilityââ¬â¢, (Morgan, 2002). This in no way is intended to suggest that conditions in prisons are inhumane although reports exist from previous investigations that would suggest otherwise. Punishment for offenders was served in a very different manner prior to the nineteenth century. Punishments at this time in the main consisted of physical punishment which would often involve torture, public humiliation and even execution. After decades of this type of punishment being administered, the torture and public humiliation elements ceased. The infliction of physical pain was replaced by the principle that the loss of rights and wealth would serve as an adequate deterrent for further offending. Although this altered form of punishment apparently focused on the mind of the individual, it could still be argued that custodial sentences still impose an element of physical torture indirectly by food rationing, sexual deprivation and solitary confinement. These aspects of punishments are still relevant within the penal system today, (Flynn, 1998). Many different explanations exist for why this change from physical punishment to imprisonment came about, one of which argues that the reason for the shift was due to humanitarianism and reform which would offer a more humane and civilised alternative to the methods of previous years, (Wilson, Ellis, Mikulski, Nash, 2003). An opposing argument suggested that this was not the case and that the defining of a new age and more effective punishment by focusing on the reform of offenders into the ââ¬Ëdisciplined subjectââ¬â¢ were the main reasons for this shift in operation, (Foucault, 1977). Despite this argument, one of the most influential factors associated with how prisons operate in the UK today is the concept of human rights. The 1998 Human Rights Act governs these rights. Along with this, the Prisons Inspectorate introduced guidelines on what factors should constitute a healthy custodial environment based on international human rights principles. Arising from the World Health Organisationââ¬â¢s influence, four tests are used to identify whether a healthy custodial environment is present. Firstly, prisoners must be held in safety. Secondly, they must be treated with respect and dignity as human beings. Thirdly, they must be able to engage in purposeful activity, and lastly, prisoners must be prepared for resettlement into the community prior to release, (Owers, 2003). Because of the unpleasantness of imprisonment it is necessary for this type of punishment to be justified. Prison can be very unpleasant for many offenders as their liberty is severely reduced, their contact with family and friends is minimised, and it can infer many social disadvantages that may lead to offenders becoming socially excluded upon their release from custody. In order to justify imprisonment as a viable punishment, numerous theories or arguments have been introduced in an attempt to support this sentencing option. One argument that attempts to justify imprisonment is the concept of Reductionism. This argument suggests that custodial sentences reduce the number of crimes committed. Those in agreement with this theory also argue that the number of crimes committed will be less if someone is punished in this manner, than there would be if no punishment were imposed at all, (Cavadino Dignan, 1997). This theory also suggests that society as a whole, has a greater influence than the individual and therefore an offender would be powerless to justify not going to prison if he/she had committed a crime that endangered public safety, (Abercrombie, Hill, Turner, 1988). However, it could be argued that this theory suggests that crimes are only committed by those who are in prison ignoring the concept that there are many in society committing crimes that have never been caught. Deterrence is another theory used to justify imprisonment as an appropriate punishment by arguing that people will not offend because they are too fearful of the consequences should they be caught as the punishment is seen as too severe. There are two elements to this theory, firstly there is individual deterrence which suggests that an offender will not re-offend because the punishment they received last time was so severe that it has deterred them from doing it again. Secondly, there is general deterrence which argues that a punishment imposed on one offender for a crime will deter others from offending, as they know exactly what the consequences are. At first glance, deterrence theory appears to hold validity, but in reality research findings have indicated that sentencing offenders to custodial sentences has a more influential effect. Once an offender has been in prison they may find themselves labelled by the rest of society and categorised into a stereotype with unfavourable connotations. This may hinder their attempts to live lawful lives for example; problems getting a job and even psychological effects, which may become apparent in their behaviour, (Cavadino Dignan, 1997). This evidence could be used to support the argument that prison does make people worse. Rehabilitation theory suggests that some forms of punishment can actually reduce the likelihood of re-offending and alter an offenderââ¬â¢s behaviour and attitude. Together the prison service and the probation service are heavily involved with rehabilitation as well as the treatment and training of offenders, (Wilson et al, 2003). As a main aim of the prison service to assist in the rehabilitation of offenders, the provision of accredited programmes such as PASRO (Prisons Addressing Substance Related Offending) and ETS (Enhanced Thinking Skills) attempt to address prisonersââ¬â¢ offending behaviour whilst in prison. However, a report by the Social Exclusion Unit found that the prison experience causes such damage to an offendersââ¬â¢ rehabilitation that it outweighs the effectiveness of the programmes, (Solomon, 2003). Another criticism of the penal system is that many offenders are sentenced to such short periods of custody that they are unable to gain access to any rehabilitative interventions. This evidence could also suggest that prison can make bad people worse. The theory of incapacitation implies more emphasis on public protection rather than the behaviour of offenders which coincidently is another main remit of the probation service. Quite simply, this theory argues that if an offender is in custody they are unable to commit crime and therefore ensuring public safety for the duration of the sentence giving piece of mind to members of society, (Ainsworth, 2000). It could be argued that this theory fails to recognise that crime often occurs within prisons including violence, bullying and drug offences. Another criticism of this theory is that as mentioned earlier, the public will only be protected in this manner for the duration of a sentence. Lastly, retribution theory holds that punishment is imposed on an offender to redress the balance between offenders and their victims in making sure that the offender suffers for their crime. Ainsworth (2000), recognises that seeing an offender incarcerated may make the victims feel that justice has been done. However, this is often not the case as many offenders receive sentences that the victim may feel does not reflect the harm that has been caused to them as a result of the offence. Now that some of the justifications for imprisonment have been discussed, it is now possible to explore conformity within prisons which may assist in reaching a conclusion on whether the statement ââ¬Å"prison makes bad people worseâ⬠can be justified. Conformity, a theory closely linked with labelling theory, suggests that an individual may conform to social rules or may even assume a social role because it is recognised as the norm in their environment. Heavily influenced by the levels of power, social roles exist predominantly in the prison environment especially between prison officers and offenders. One study that attempted to explore power dynamics and how easy it is to assume a role was conducted in August 1971 by psychologist Philip Zimbardo and was named the Stanford Prison Experiment. Twenty-five male volunteers took part in the experiment and were taken to a mock prison where each person was assigned a role of either prisoner or guard. The guards had the authority to dictate 24 hour a day rules to the prisoners the results of which were shocking and are still referred to today. A number of prisoners had to be released due to mental health illnesses arising from the trauma of the situation. The experiment, which was intended to last for two weeks, was terminated after six days due to the pathological reactions of the prisoners who ironically had been selected for their normality. The findings were that the environment transformed the participants and after a few days, the role dominated the person, (Alexander, 2001). This experiment highlighted social power as the being the major factor in the participantââ¬â¢s behaviour as all the guards at some point displayed abuse, authoritarian attitudes, and appeared to enjoy being in control. Zimbardo argued that this abnormal behaviour is a product of transactions within an environment that supports this behaviour. The labels placed upon the participants became valid in this environment and pathological behaviour was the outcome, (Wilson et al, 2003). This experiment still has implications for the prison system today in that Zimbardo argued that the current prison system is guaranteed to cause severe pathological reactions within prisoners causing a debasement of their humanity, low self esteem and making it difficult to integrate into society outside of prison, (Wilson et al, 2003). This would suggest that labelling and conformity theories are a case for prison making bad people worse. Whilst in prison an offender may assume a role that could be continued upon their release. Zimbardosââ¬â¢ experiment provides an adequate basis for discussing the sociological theory of a prison subculture sometimes referred to as the inmate code. The prison society exists apart from the rest of society and therefore it is understandable that norms and values are very different between the two. Sykes (1958) found that the inmate code is something that may give a prisoner an identity and help them to cope with the effects of imprisonment. The code is thought to include certain rules such as not fraternising with staff, acquiring a position in the inmate ââ¬Ëpecking orderââ¬â¢, and giving the impression of toughness in emotion and physical appearance. Clemmer (1940) argued this to be part of the prisonisation process which arguably reinforces criminal behaviour as prisoners become used to opposing authority which is likely to continue in the outside world, (Cited in Morgan, 2002). Therefore, attempts at rehabilitation may be hindered by this and could be used to argue that prison makes bad people worse. So what statistical evidence is there to support the statement ââ¬Å"prisons make bad people worseâ⬠? Reports into the subject have found that prisons have a poor record in reducing re-offending and that 59% of offenders are reconvicted within two years of release. For male youths under the age of twenty-one, the reconviction rate is 74% over the same period of time. Research findings from the Social Exclusion Unit have indicated that re-offending by ex-prisoners costs society approximately ? 11 billion each year and that they are responsible for one in five recorded crimes, (Solomon, 2003). This evidence would appear to suggest that people who have served custodial sentences have been made worse by the experience and that imprisonment is not an effective punishment. Contributing to this argument is the theory that these statistics are only obtained from recorded crime suggesting that the figures may in reality be significantly higher as many crimes are not recorded. In conclusion it would appear that there is much evidence to support the claim that prison makes bad people worse such as the statistical evidence revealing reconviction rates. On the other hand, there are also arguments for prison as an effective punishment such as the justifications for imprisonment including rehabilitation and deterrence theories. It would appear that prison does indeed have an influence on some prisoners re-offending but it would be difficult to assume that this is the case for all offenders who have served a custodial sentence. This would suggest that for some offenders prison is effective and for others it is not. Having said this, it is important to recognise that prison does ensure public safety from offenders who pose danger to society, but only for the period they are in custody unless they emerge from prison rehabilitated. For those offenders who could be dealt with in another manner, community penalties offer the versatility in sentencing options necessary to provide effective punishment without contributing to the growing problem of increasing prison numbers. It is therefore vital that the most appropriate punishment is imposed individually taking the crime and the offendersââ¬â¢ circumstances into account when sentencing.
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