Death Penalty Essay

There are several reasons to argue for making the death penalty illegal in the United States of America. The United States Constitution does not allow for unkind penalties as a sentence for crime. The death penalty poses many risks to the innocent. World opinion supports the cessation of the death penalty. Poor and minorities suffer disproportionately from the death penalty. Capital punishment is not a deterrent to crime. Putting people to death by capital punishment is not cost effective. Putting people to death by capital punishment is inhumane and should be illegal. The U. S.  Constitution states that, â€Å"cruel and unusual punishments (Amendment 8, 1791),† should not be inflicted on its citizens. It is especially cruel in cases of â€Å"botched† executions. On April 22, 1983 in Alabama, it took several jolts of 1,900 volts of electricity to execute John Evans. On the third attempt â€Å"another charge of electricity was sent through John’s body. Once again, his head and leg boiled (80, Canan, Burning at The Wire)†. In a 1994 case, Fierro v. Gomez, the United States District Court for the Northern District of California reviewed evidence on the effects of the gas chamber and supported Justice Brennan’s Eighth Amendment claim. The court â€Å"concluded that the time it takes for the lethal gas to kill an inmate combined with the degree of pain inflicted on the inmate warrants the use of another method of execution† (US Court for 9th Circuit). Brennan cited evidence that criminals executed in the gas chamber—by asphyxiation—suffered great pain over a number of minutes. Although most modern execution methods appear to be physically painless, appearances can be misleading. Renowned neurobiologists are now providing evidence which show that it is scientifically and medically certain that death by electrocution is not instantaneous. In the words of Harold Hillman, a prominent neurobiologist, â€Å"death by electrocution may inflict unnecessary pain, physical violence, and mutilation† (Hillman 174). The death penalty poses serious risk to the innocent. Due to inherent flaws in the US criminal justice system innocent people have been wrongly convicted. The danger is that once an innocent person is executed it cannot be remedied. Excerpts from a 1993 report by a US Congress Subcommittee, states that no matter how careful we are â€Å"the chances are high that innocent persons have been or will be executed† (deathpenaltyinfo. rg). In 1989 although no physical evidence linked Joseph Burrows to the murder of William Dulin, he was convicted and sent to Death Row. Witnesses later said they had been coerced by prosecutors and police. In summing up the appeal, Justice Harry Blackmun, stated that, an â€Å"execution without adequate safeguards is unacceptable, so too is an execution when the condemned prisoner can prove that he is innocent† (deathpenaltyinfo. org). In 1994, a Texas court sentenced Michael Blair to death for the 1993 murder of 7-year old Ashley Estell. Mr. Blair could have paid with his life. However a re-investigation of the case in May 2008 found that â€Å"no reasonable juror would have convicted [applicant] in light of newly discovered evidence (cca. courts. state. tx. us)†. More innocent people continue to be released from death row. â€Å"There have been 220 post-conviction DNA exonerations in United States history (innocenceproject. org). † World opinion is in favor of abolishing the death penalty. The European Union campaigns for the universal abolition of the death penalty. Abolition of the death penalty is a requirement for countries seeking EU membership. The EU Charter states that â€Å"no one shall be condemned to the death penalty, or executed (Article II-2)†. Turkey has joined the growing number of countries that advocate the abolishment of the death penalty. The Turkish Constitution states that, â€Å"neither death penalty nor general confiscation shall be imposed as punishment (Article 38, 9)†. Even in Central Asia where executions are part of a long tradition, several countries have limited or suspended the use of the death penalty. On June 26, 2006 the President of the Philippines Macapagal Arroyo passed into law a bill abolishing the death penalty. The bill ratified their 1987 Constitution which states that, â€Å"the death penalty shall not be imposed. Any death penalty already imposed shall be reduced to reclusion perpetua† (Article III, section 19(1). In Africa, only six countries continue to impose the death penalty. On September 16, 2005, Liberia acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. Article 1. 2 of the protocol states that, â€Å"each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction† (http://www2. ohchr. org). Because poor and minorities are disproportionately subjected to the death penalty, it should be prohibited. A United States Judiciary Subcommittee in 1994 found that, â€Å"minorities are being prosecuted under federal death penalty law far beyond their proportion in the general population† (usdoj. gov). Most court appointed attorneys often lack the experience necessary for capital trials. Since â€Å"ninety-five percent of death row inmates cannot afford their own attorney,† (deathpenaltyinfo. org) a court attorney is usually appointed for them. During closing remarks in a murder trial in a 1985 case in Georgia (State v. Dungee), the defense attorney stated that, the defendant â€Å"is poor and he is broke. He’s got an appointed lawyer† (11th Cir. 1985). The defendant was found guilty and sent to Death Row. A 2003 Amnesty International report found that the â€Å"juvenile offenders executed in Texas since 1998 were all African-Americans who committed their offenses at the age of 17† (texasdeathpenalty. rg). No white juveniles have been sentenced to death row in Texas since the death penalty was reinstated in 1982. Since capital punishment does not deter criminal offenses, it should not be a legal form of punishment. A study by The New York Times in 2000 found that homicide rates had risen and fallen along roughly symmetrical paths in the states with and without the death penalty. The neighboring states of Michigan, with no death penalty, and Indiana, which regularly imposes death sentences and carries out executions, have had virtually indistinguishable homicide rates. In 2007 the murder rate in Michigan was 676 (1. 76%) with a 10 million population† (disastercenter. com). While the murder rate in Indiana for the same period was â€Å"356 (1. 4%) with a population of 6. 3 million† people (disastercenter. com). An analysis of the murder rate in Virginia second behind Texas in number of executions from 1976-2004 (94/944) and neighboring Maryland show no significant difference. In 2007 the murder rate in Virginia was â€Å"406 with a 7. 7 million population† (fbi. gov) and in Maryland for the same period it was â€Å"553 with a population of 5. million people† (fbi. gov). It is also pertinent to compare states with high and low rates of execution as a result of the death penalty. A good comparison for this scenario is Oklahoma, which executed 75 candidates between 1976 and 2004, and Pennsylvania, which executed three. In 2004, Pennsylvania had â€Å"a total Crime Index of 2,995. 3 reported incidents per 100,000 people† (disastercenter. com). Whereas, Oklahoma â€Å"had a total Crime Index of 4,558. 6 reported incidents per 100,000 people† (disastercenter. com) in 2004. Although the crime index is not restricted to murders, Oklahoma’s numbers are significantly higher than Pennsylvania’s. The death penalty is cost-prohibitive and should be illegal. A system with a death penalty is vastly more expensive than one where the maximum penalty is keeping murderers in prison for life. In the State of California the additional cost of confining an inmate to Death Row, â€Å"is $90,000 per year, per inmate† (ccfaj. org). California could save about $90,000,000 per year by abolishing the death penalty and re-sentencing all of its Death Row inmates to life imprisonment. In Maryland an average capital-eligible case in which prosecutors do not seek the death penalty cost $1. 1 million. A capital-eligible case in which prosecutors unsuccessfully seek the death penalty costs $1. 8 million and a case resulting in a death sentence costs approximately $3 million. From 1978-1999 seeking the death penalty in 162 cases has cost tax payers of Maryland â€Å"$186 million more than what those cases would have cost had the death penalty not been sought† (Urban Institute Report, 2008). In Indiana â€Å"the cost of a death penalty trial and direct appeal alone is more than five times the cost of a life without parole trial and direct appeal† (in. gov). This was the conclusion from a 2002 Indiana Criminal Law Study conducted for the then Governor of Indiana Frank O’Bannon. From 1973 to 1988, the state of Florida spent an average of $3. 2 million per execution (in. gov). â€Å"Bottom line, life in prison is one-sixth as expensive† Miami Herald, July 10, 1988. The death penalty is in itself useless and has created counterproductive results in deterring the crime of murder. It wastes enormous resources on a handful of cases, to the detriment of measures that may provide actual rehabilitation. The United States is currently the only industrialized nation actively executing convicted felons by capital punishment. Considering that all human lives have an innate value it is inherently wrong to take one as a process to compensate for one that’s been lost. â€Å"The death penalty remains fraught with arbitrariness, discrimination, caprice, and mistake† – Justice Harry A. Blackmun, February 22, 1994. Our future generations will look back and shudder at the barbaric acts we practice today.

Cosmetic Industry

Global Cosmetics Manufacturing Industry Over the past five years, the Global Cosmetics Manufacturing industry has experienced steady growth. According to IBISWorld industry analyst Nikoleta Panteva, â€Å"The past five years have been no exception, despite declining per capita disposable income in key markets. †Ã‚   Industry Analysis & Industry Trends: The global cosmetics industry is broken down into six main categories; skincare being the largest one out of them all, accounting for 31 percent of the global market. * Revenue: $243bn; Annual Growth 08-13: 3, 0 %. However, there are certain factors which affect the entry to the cosmetic industry by firms. These factors can be briefly analyzed using the Porter Five forces analysis. They include the threat of substitutes, threat of new entry, bargaining power of customers and suppliers as well as intensity of rivalry in the industry. Threat of new entry This factor analyzes the ease with which firms may enter into an industry. Th e cosmetic industry has a low threat of new entrants. The first is the huge costs of entry.Developing unique cosmetic products requires a lot of resources both in terms of research and development and the actual manufacturing process. Another factor which discourages entry into this industry is the huge competition present in the industry. In addition to the huge competitors such as Avon, Revlon, Clinique, Estee Lauder, LR, Mac and Unilever, who have a large market share, there are many other small scale competitors who also have a small market share and who reduce the overall profitability of firms in the industry. Bargaining power of customersThis factor analyzes the power which suppliers have regarding making price changes for their products. When consumers have a high bargaining power, the manufacturers and sellers may not adequately predict future demand by the market. The cosmetic has a high bargaining power of customers. This is due to the increase competition and availabilit y of cosmetic products from a variety of manufacturers. Bargaining power of suppliers This factor analyzes the power which suppliers have regarding making price changes for their products. The cosmetic industry has a low bargaining power of suppliers.This is due to the high number of market players and large supply of diverse products to the market. There are many cosmetic products which are developed by both large and small scale manufacturers. Threat of substitutes The threat of substitutes arises when there are similar products developed by competitors which satisfy the market needs. Consumers are able to purchase competitor's products if they are not satisfied with product price or quality. In the cosmetic industry, there are many competitors as has been discussed. There is therefore a high threat of substitute products.It is therefore essential for the market players in the cosmetic to be innovative if they are to tackle the challenge of the threat of substitute. Competitors Th ere are many competitors who reduce the overall profitability of the industry, which makes it a barrier for new companies to entry. Moreover, the many large scale cosmetic firms make it a barrier to entry especially for middle and small scale firms. Complementors: within the industry, outside the industry The high seller concentration in the developed countries leads to high competition and an overall reduction in profitability for cosmetic firms in this industry.The cosmetic industry is valued at $6 billion in France and $12 billion in Germany. In the US, it is valued at over $20 billion. Demand from emerging economies and aspirational shoppers has also kept the industry growing over the past five years, with revenue increases averaging 3. 2% per year to reach $233. 3 billion by the end of 2012. Merger and acquisition (M;A) deals of interest over the past decade that have served to change the face of the Global Cosmetics Manufacturing landscape include Procter ; Gamble's takeover o f Gillette, L'Oreal's acquisition of The Body Shop and Coty's acquisition of Unilever's fragrance division.Other key drivers underlying the ongoing spate of M&A activity include the expansion of geographic footprints, diversification into new product categories or market segments and the exploitation of new technologies, including greener processes. In the future there will be new players from growing markets, such as India, China, South Korea, Indonesia and Brazil. Aggressive marketing will ensure that firms entering the cosmetic industry have products which are known to the market.A combination of Internet, electronic and mass media advertising should be used in order to reach all the desired target market segments. So the industry has high competition, high entry barriers, low supplier power, high customer power and a large number of substitutes. In order for a firm to enter and be successful in the cosmetic industry, it has to apply various strategies. These include focus on eme rging markets and developing countries, implementing a cost leadership strategy, implementing research and development and applying aggressive marketing campaigns.These strategies will ensure that they capture a market share, develop customer loyalty and achieve long term profitability over the years. The example of co-opetition: One of Nestle’s most innovative and successful co ­branded products includes creating the new brand, Inneov with L’Oreal. In 2002, Nestle and L’Oreal formed a 50– 50 joint venture to begin to develop what they called a â€Å"functional food† (Charles 2002). Inneov is a nutritional supplement for cosmetic purposes taken orally, with the purpose of protecting, correcting and stimulating skin, nails and hair cellular processes.Inneov is one of the first major brand alliances between a food and a cosmetics company. The product benefits from the nutritional research of Nestle and the dermatological research from L’Orea l. Inneov is based in France and launched in pharmacies in November 2006. L’Oreal did the marketing due to its current expertise in promoting cosmetics. This new brand shows that Nestle selected the right product and the right partner to enter an industry that makes food for the skin rather than food for consumption.

The changes in the global pattern of tourism

The global pattern of tourism has changed drastically over the last fifty years. Changes such as the number of global tourist arrivals, distances travelled, and the cost of travel have meant that ‘tourism' is today one of the world's most important industries. There are a number of reasons for this change, for example, technology and social situation. In the seventeenth century, doctors recommended benefits of water, which triggered the building of spas. People began taking relaxing trips to these spas. When the industrial revolution struck, huge changes in transport took place, such as better rail links in the United Kingdom. These railway lines provided links to expand. Also, people began to earn more money, and with disposable income, annual holidays became increasingly popular. During World War 2, people were not allowed on beaches. Once the war had finished, people celebrated by going to the beach. This made seaside resorts become much more popular. In 1970, the jet plane carried 307 million passengers. By 2006, this had increased to a huge 2. billion! This shows just how much tourism has increased in the past half century. In 1950, international tourist arrivals were only 20 million. In 2005, it was measured to be over 700 million! Europe in particular was responsible for a considerable amount of this increase, approximately 400 million. In 2005, there were 441,528 thousand international tourist arrivals. The Mediterranean was responsible for 36% of this number. This shows that southern Spain is a very popular tourist destination. I think this is due to the climate in the Med. The Mediterranean is well known for its hot, dry summers, which naturally attract visitors. Most arrivals here are on holiday for leisure purposes, rather than business. It is not just in Europe, however, that tourism has increased. In 1990, the world saw 439 million international tourist arrivals. In 2005, this has increased to 806 million. This shows an average annual increase of 3. 3%. There are many reasons for this increase. Economic factors, such as rising incomes, decreasing costs of the flight itself – due to the expansion of budget airlines. Also, many airlines have introduced reward schemes, or loyalty bonuses, which are appealing to the customer. Social factors, such as the increase of the number of days paid leave workers can take. This gives people more spare time for a holiday. Many students in recent years, after finishing school, which to take a ‘gap year' to go travelling, before going to university, or getting a job. Finally, there are also political reasons for which tourism has increased. Some governments invest heavily in advertising campaigns to encourage tourism. Also, international sporting events, such as the world cup or the Olympics, attract millions of people from all over the globe. Forecasts from the World Tourism Organisation are showing an approximate 650 million increase in global arrivals between 2007 and 2020. Another noticeable change is the distance people are travelling to go on holiday. In 1841, Thomas cook introduce the first ever package holiday, from Leicester to Loughborough, which was only 12 miles away. These travellers attended temperance meetings. Fifty years ago, tourist arrivals in the Middle East and Africa were virtually none existent, as the travel links simply were not there. I believe one of the main reasons that tourist arrivals have gone up so considerably is due to the travel links expanding. Thanks to the invention of the train, Thomas Cook was able to expand his holidays. However, in 1970, with the invention of the jet plane, mass tourism began. There was no limit to where people could go on holiday, so the distances travelled dramatically increased here. People travel to places such as Spain, specifically the Mediterranean, as it is only 725 miles, which is approximately a 2 hour flight. Today; people can travel literally across the world, from London to Sydney, a distance of 10,552 miles. The third main change in the pattern of tourism over the last fifty years is the cost of travel. People first began taking holidays after the industrial revolution, as they had disposable income. Although prices for travel such as trains were cheaper in the 1950's, people have a much higher income in today's society, so they are much more affordable. In the early 1990's, the first budget airline was introduced. They offered low cost flights in exchange for passenger services, such as in-flight meals and extra leg room. This appealed to many working class people, who wished to go on holiday for less. Flights on budget airlines can be extremely cheap, especially if you fly on an unpopular time and date. You can purchase some flights from the UK to Ireland as cheap as 1p plus VAT. Return flights to Spain can be as cheap as i20. Package holidays also made holidays more appealing to people who were not as well off as some. They combine the cost of flight, accommodation and travel, and are usually with a group of several other tourists. Package holidays range from your typical relaxing fortnight on the beach in Majorca, to cockroach races in Brisbane! At the story bridge hotel in Brisbane, every January 26th, they race cockroaches! This tradition began in 1981, when to drunken men argued that the cockroaches from their part of town were fastest. Today, people literally come from all over the world just to race there cockroaches! Also, many people today choose to go on â€Å"all inclusive† holidays. This is when the holiday resort provides all food and drink in the price. This is appealing to people as when on holiday, many people do not wish to cook or worrying about finding places to eat. All inclusive holidays start from just i290 to Ibiza; this makes luxury more affordable for the working class. Recently, ecotourism has become more popular. This is when people travel to less economically developed countries such as Kenya, or India. They volunteer once in the country, often doing conservation work. Flights to these areas are not very expensive, as they are less popular. Fifty years ago, few people travelled far to go on holiday, as it was so expensive. Overall, these are the three key changes in the pattern of tourism. A dramatic increase in the number of global tourist arrivals, an increase in the distance travelled, and cost of travel being more affordable, have meant that tourism is very different today than it was fifty years ago. I feel that the main catalyst for increasing tourism in general, was the invention of the jet plane. Carrying 2. 1 billion passengers in 2006, it is clearly responsible for a large part of transporting these tourists. Of course, another reason for the patterns in tourism is the fact that people are earning more money. Thanks to this disposable income, more people can afford to treat themselves to a holiday. I also feel there are now more incentives to go on holiday today, such as these â€Å"package†, or â€Å"all inclusive† holidays, as these save the consumer money. Fifty years ago, people used to travel 12 miles down the road to go on holiday, today they travel to the other side of the world. I feel this shows just how big these changes in the pattern of tourism are.

Managing Strategic Marketing Malaysian company PROTON Essay

Managing Strategic Marketing Malaysian company PROTON - Essay Example Marketing mix is one of the core components of a marketing plan. This paper describes how PROTON, a car Malaysian car manufacturing company, can improve its marketing mix to evaluate the success of the marketing plan. Before going into the details of the marketing mix, let us get to know what a marketing plan actually is in order to get a better understanding of marketing mix. A marketing plan is a well-designed strategy to advertising a product or to create awareness of a company’s products and services among the customers. A properly designed marketing plan not only includes defining marketing goals and objectives of a company but also includes the strategies and tactics to achieve the marketing goals. Implementing an effective marketing plan and taking steps to monitor the performance of the plan are very important for any manufacturing company. Marketing mix is one of the main tools used by the managers of a company to monitor and control the working of the marketing plan. Marketing mix is one of the core components of a marketing plan. A marketing mix includes proper set of tools and guidelines which a company can use to market its products and services in the market. Managers make us e of marketing mix to evaluate the success of the marketing plan of their products. The assessment or evaluation makes the managers know whether the marketing plan is appropriate for the product or it needs to be changed. Being the marketing manager of PROTON, which is a leading car manufacturing company, I will propose improvements in the marketing mix of my company in order to make it compete effectively with the main competitor of the company. 2. Background of the Company The name of the company where I work as marketing manager is PROTON. PROTON is a Malaysian company which was established in 1985 and since then, it has been a valuable part of the Malaysian automotive industry. PROTON deals with manufacturing and distribution of passenger and commercial cars. Some main types of vehicles, which the company manufactures, include commercial cars, family vans, and private cars. In addition to the implementation of ISO 9000 standards of quality, PROTON has also adopted the QS 9000 qu ality standard, which has also been adopted by many of the famous American car manufacturing companies like General motors and Ford. The company has done alliance with Sauber and Petronas which really help PROTON achieve its goals in the international market. 3. Introduction of the Product The product, which I have been marketing for the last six months, is Cronze Family Van. Cronze van is a new product manufactured by the PROTON car manufacturing company in collaboration with the Lotus automotive company. Cronze is a 7-seater vehicle, which is a very economical car for large families. Some of the most attractive features of this van include beautiful shape, built-in stereo system, powerful engine, high mileage, and capacity to hold a large number of people at a time. Low fuel consumption and high mileage are two of the most incredible features of this van. People like to buy such vans which consume very less amount of fuel and give high mileage. Another attractive feature of this v an is that a customer is able to

Culture and costums of Korea Assignment Example | Topics and Well Written Essays - 1500 words

Culture and costums of Korea - Assignment Example Culture refers to a set of socially transmitted human behaviors, beliefs, arts, among other thoughts and works of the human mind. The definition implies that culture is reliant on the interaction and integration of humans. Historically, regions had secluded boundaries owing to the numerous geographical barrier such as mountains, seas and rivers, which enclosed specific regions thus cutting off human interactions. At such times, regions had specific cultures defining their languages, arts, dietary and religion among many other aspects of human lives. However, with the onset of industrial revolution, the use of machines resulted in the invention of better ways of transportation and communication thus overcoming the previously existing geographical barriers. Located in North East Asia, Korea is an expansive territory currently divided into two political territories; North Korea and South Korea because of divergent political interests of both the leaders and the citizens (Kleiner, 2001). The use of the internet in the modern society and the advanced modes of communication such as mobile phones have resulted in the creation of a global village in which people can live anywhere and work anywhere. The intensified human interactions in the contemporary society have therefore revolutionized culture. A conflict between the previously definite traditional cultures and the modern culture has diverse effects depending on the type of the society. Whenever cultures conflict, the people abandon their previous cultural practices that they consider backward and adopt certain features of the new culture that they feel appropriate. Culture in the modern global society is relative and liberal with every individual and social institution choosing only the specific cultural practices that best protects their interests. Korea is one such region in which the conflict between the traditional culture and the modern culture is evident and the effects of the modern culture on the tradition al culture thus manifest itself. The division of the region into two might have affected the culture of the people in the region but since culture is reliant on the interaction of humans, the regions still share some of their cultural practices as they had throughout history with their neighbors in the eastern bloc such as China and Japan. Both the south and North Korea are developed economies and industrial hubs. South Korea for example is home to some of the leading electronics manufacturing companies such Samsung and HTC among many other local and international brands. With an internet infiltration of more than seventy percent, Korea is an active part of the global village as her citizens interact with others throughout the world. Korea has numerous international airports and attracts millions of tourists annually. Such features of both the economy and social structure imply that the intensified human interactions in the modern Korea presents numerous cultural conflicts as the mo dern culture through the revamped interactions and economic activities in the modern society. Previously, Korea had definitive cultural practices and arts. Such practices included specific languages, religions, arts such as ceramics and dietary among others. However, with time the region opened up for trade with the West and other parts of the world such as African and South America. Coupled with the concepts of urbanization, globalizations seamlessly turned the expansive Korean region into a metropolitan society habiting people from diverse cultural backgrounds. Korea thus forms an effective choice for the study assignment since the cultural conflict between the traditional and new culture is evident. The society is developed and industrial; the living pattern of the people has changed with time to the perfect urban settings in the modern Korea. Such a society thus exhibits diverse cultural patterns as native Koreans continue holding onto some of their traditional cultural practice s

Cause-Effect Analysis Essay Example | Topics and Well Written Essays - 1000 words - 1

Cause-Effect Analysis - Essay Example Through the emergence of these technologies, the sources of reading have increased to include e-learning, e-mail, e-papers, chat rooms messaging and blogs (Miedema, 2009). Majority of the teacher educators, classroom teachers and researchers in the field of education have agreed that engaging in voluntary and school-related readings is essential for all the students. They include those pursuing reading for development of academic achievement purposes (Miedema, 2009). This essay focuses on establishing the effects of the emergence of internet and television as examples of current trends in technology to the reading behaviors of students. Additionally, the paper explores whether the time spent by the students on the internet and watching television interferes with the time the students uses in both academic and recreational readings. Lastly, the essay offers recommendations on how to avoid the new forms of technology from interfering with individual reading habits and skills. Several researches have been conducted in America to determine the cause of declining statistics of American youths and adults who participate in voluntary and achievement reading. The intriguing study resolved that most american youths and adults have ceased from the active participation in reading as compared to others in the previous years. Further to that, the research showed that very few American youths are engaging in reading helpful literature. The statistics are alarming since they have negative implications on the civic, social and economic status of the country. Additionally, most people are unable to recall what they read in a given period. Consequently, it results to downgrading the aspects of good reading habits (â€Å"Programme for International Student Assessment., and Organization for Economic Co-operation and Development†, 2010). Many researchers have been conducted

Law assignment (a legal case brief assignment )

Law (a legal case brief ) - Assignment Example The main point in issue before the appellate court was whether the trial court was justified in holding that the irregularities would not â€Å"give rise to any concern that the accuseds’ right to a fair trial might be prejudiced.†2 Relevant provisions of the law3 are as follows Prior to the enactment of the Jury Act, analogous provisions were s. 621 and s. 622 of the Criminal Code4. Section 621 provided that the jury â€Å"must not separate† and that no person was â€Å"allowed to speak to or communicate with any of them without the leave of the court until they are discharged†. In the matter of Webb & Hay5, â€Å"it was unanimously held† by the High Court â€Å"that the test to be applied for determining whether an irregular incident involving a juror warranted the discharge of the juror or the jury was whether the incident was such that, notwithstanding any proposed or actual warning of the judge, it gave rise to a reasonable apprehension or suspicion on the part of a fair-minded and informed member of the public that the juror or jury had not discharged or would not discharge their task impartially.†6 In the present case, the appellate court took exception to the opinion of the trial judge â€Å"Subsection (4) of Section 53 †¦ requires the Court to focus not so much upon perceptions as upon the reality of prejudice, or likely prejudice, to a fair trial.† The appellate court cited the joint judgment in Jackson and Le Gros.7 The appellate Court gave five irregularities and quashed the convictions and ordered retrials. It was held that the jury should have been discharged even though there was no real danger of bias or of inability of the jury to arrive at a verdict uninfluenced by the irregularities. It was also held that the judge should have considered not only the likely prejudice on the part of the jury to be influenced, but by the perception amongst fair-minded and informed members of