Monday, September 30, 2019

Amanda Todd Story Essay

I’ve decided to tell you about my never ending story. In 7th grade i would go with friends on web cam meet and talk to new people. then got called stunning,beautiful,perfect,etc. then wanted me to flash†¦. so i did 1 year later. i got a message on facebook. from him don’t know how he knew me. it said.. if you don’t put on a show for me i will send your nudes. he knew my address,school,relatives,friends,family names, Christmas break†¦ knock at my door at 4am. it was the police. my photo was sent to everyone. i then got really sick and got anxiety, major depression and panic disorder. i then moved and got into drugs and alcohol. my anxiety got worse couldn’t go out. a year past and the guy came back with my new list of friends and school. but made a facebook page. my nudes were his profile pic. cried every night, lost all my friends and respect people had me for me†¦ again.. then nobody liked me. name calling, judged†¦ i can never get tha t photo back. it’s out there forever†¦ i started cutting†¦ i promised myself never again†¦ didn’t have any friends and i sat at lunch alone. so i moved schools again†¦ everything was better even thought i sat still alone. at lunch in the library everyday. after a month later i started talking to an old guy friend. we back and fourth texted and he started to say he†¦ liked me.. led me on.. he had a girlfriend.. then he said come over my girlfriend ,is on vacation. So i did.. huge mistake.. he hooked up with me†¦ i thought he liked me†¦ 1 week later i get a text get out of your school. his girlfriend and 15 others come including himself. the girl and 2 others just said look around nobody likes you. in front of my new school 50 people. a guy than yelled just punch her already. so she did.. she threw me to the ground and punched me several times. kids filmed it. i was all alone and left on the ground. i felt like a joke in this world.. i thought nobody deserves this. i was alone .. i lied and said it was my fault and my idea. i didn’t want him getting hurt, i thought he really liked me. but he just wanted the sex.. someone yelled punch her already. teachers ran over but i just went and layed in a ditch and my dad found me. i wanted to die so bad†¦ when he brought me home i drank bleach.. it killed me inside and i thought i was gonna actually die. Ambulance came and brought me to the hospital and flushed me. After i got home all i saw was on facebook. She deserved it, did you wash the mud out of your hair? i hope shes dead. nobody cared.. i moved away to another city to my moms. Another school.. i didn’t  wanna press charges because i wanted to move on. 6 months has gone by†¦ people are posting pics of bleach, clorex and ditches. tagging me .. i was dang a lot better too†¦ they said.. she should try a different bleach. i hope she dies this time and isn’t so stupid. they said i hope she sees this and kills herself.. Why do i get this? i messed up but why follow me.. i left your guys city.. im constantly crying now..everyday i think why am i still here? My anxiety is horrible now.. never went out this summer. All from my past†¦life’s never getting better.. cant go to school. Meet or be with people†¦ constantly cutting. I’m really depressed. I’m on anti depressants now. and counselling and a month ago this summer. i overdosed†¦ in hospital for 2 days..I’m stuck.. whats left of me now.. nothing stops. i have nobody.. i need someone. my name is Amanda Todd. Summarize What kind of person would bully a kid online? What kind of person ridicules a child’s memory even after she took her own life. after 3 years of hell. began with a 12 year old and a web cam. Her name was Amanda Todd. After 3 years of hell, dealing with negative/rude comments telling her to kill herself, she decided it was time. Before she killed herself, she attempted to kill herself two other times, the one time she tryed to drink bleach thinking that it’ll kill her instantly, but it didn’t, the other time she started cutting herself and overdosing on drugs. Then a month before she committed suicide she posted a youtube video of what she was going through. After reading most of the rude comments on the video, she thought that why am i still here in this world? I’m not wanted. I’m worthless, nobody wants me here. After reading all the rude comments she finally committed suicide after 3 long years of hell. On Wednesday October 10th 2012 Amanda Todd was found dead! She finally gave up on life and finally committed suicide.

Sunday, September 29, 2019

Foundation of Democracy Essay

Desktop Computers  ·Also called personal computers.  ·sit on,beside,or under a desktop. Notebook or Laptops  ·Similar to desktops  ·Advantages  ·Netbook  ·Similar to a notebook  ·For wireless communication or access to the internet Tablets  ·Looks similar to a notebook  ·Touch screens capability Servers  ·A computer dedicated to shaaring resources among 2 or more computers and managing large amounts of data. Hand-held or Mobile Computers  ·Any computing devices that fits in the palm of your hand and is portable.  ·Cellular Phones  ·Personal Digital Assistants (PDA)  ·Music or Media Players (ipods ,Mp3)  ·Game systems (wii, playstations)  ·Electronic Book Readers (kindle, Nook)  ·Calculators Looking at the system unit  ·sometimes called the â€Å"Box â€Å"or â€Å"Tower†.  ·Most expensive part of the computer system.Devices in the system  ·Power supply  ·Motherboard  ·Micro processor  ·Memory Power Supply  ·Supply the necessary power to run components in the systemunit. Motherboard  ·The central printed circuit board in the system unit that holds many of the crucial comporents. Connecting Devices  ·Parallel  ·Serial  ·Ports  ·Universal Serial BUS(USB)  ·Network Ports  ·Used for connecting to anotheer computer on a network ,a modern ,or to the internet  ·Ethernet of firewire Device Driver  ·To enable communication between the operating system and the device. What is a software Program?  ·A step by step set of instructions that tell a computer what to do.  ·Software applications are created using program languages.  ·A complex code that activate functions and complete tasks.  ·Computer software code is based on a set of rules called algerithms Ergonomics  ·Fitting the job to the peoplewho have to do it,through the design of equipment and procedures.  ·Fitting the person to the job, through use of placement procedures or training.  ·Application requires matching tasks demands and environmental conditions with user characteristics.  ·Ergonomics originated during the second world war to overcome performance failures due to human error in new high tech defense systems.  ·Proper lighting for visionby utilizing prortable adjustable lamps for each workstations, and indirect lighting sources some type of blinds for windows to reduce glare including to the computer screens.  ·Proper posture using adjustable desk and chairs with height.

Saturday, September 28, 2019

The Theory of Obligation Essay Example | Topics and Well Written Essays - 750 words

The Theory of Obligation - Essay Example The religious obligations prohibit the individuals from committing sins i.e. lying, cheating, adultery, fornication, drinking and disobeying the parents, teachers, and elders at large. Similarly cultural obligations demand for observing the norms, values and traditions, prevailing in the social establishment. Consequently, theory of obligation encompasses all aspects of individual and collective human life in order to make society a peaceful place of living. Great philosopher of ancient Greece Aristotle has presented his Theory of Virtue where he submits to state that the source of all kinds of virtue and goodness is one and the same (Nicomachean Ethics, 1096a30). The notion is universally followed by the thinkers and philosophers by taking it the scale to measure the magnitude of good and positive behaviour of the people and its association with their overall attitude while entering into interaction with others. Aristotle’s mentor Plato has presented the doctrine that Almight y God is the source of all goodness and energy, from Whom all goodness arrives to illuminate the universe. Aristotelian proposition is based upon his famous doctrine of the soul, where body contains the soul, it must possess the qualities attributed to the soul. However, body is frequently stated as materialistic and unholy one in comparison to the soul, which is pure and clean. In other words, goodness of soul can be witnessed through the performances being made by the human body containing the attributes of the soul existing into the body. PART II Keeping in view the Obligation Theory as well as Aristotelian doctrine of Virtue, I will strictly observe kindness, benevolence, meekness, humility, truthfulness, equality and justice while interacting with other members of society. I will stick to these noble principles in my individual and social life. I will pay due heed to my studies, and would strive my best to obtain excellent marks in examination. Hence, I will not deceive my pare nts and teachers, who are making investment of time, and energies on my educational career. I will attend the church on every Sunday in order to pay my humblest gratitude to my Creator for His countless mercies and bounties upon me. I will try to follow the noble teachings manifestly mentioned in the Holy Scripture, which commands me to worship One God, obey my parents, be humble in prayers, respect the elders, love to the younger, exhibit honesty and integrity in transactions, to help the needy, care the neighbours, be polite to others, and refrain from adultery, fornication, lying, deceiving and breaking the Covenant to the Lord (Leviticus, 19). I will be loyal to my peers in the playground, and sincere to my organisation while entering the professional life. I will try my best to work for the good name and fame of my work place. While elaborating my political views, I will vote and support the most suitable, honest and committed candidate, and hence will never take his racial, et hnic and religious background altogether. I will visit community centres and hospitals at least once in fortnight in order to witness the problems faced by the people belonging to my community. I will spend some money on charitable issues, to provide financial and moral support to the downtrodden and needy.

Friday, September 27, 2019

Is Charisma a Personal Quality or a Trait Essay

Is Charisma a Personal Quality or a Trait - Essay Example The essay "Is Charisma a Personal Quality or a Trait?" examines the concepts of charisma as a trait and a personal quality. Charisma has been studied and theorized in various ways by different sociologists, psychologists, and management specialists. The concept of charisma as a trait has been elaborately explained in Weber’s work related to leadership in the civil society. Originally, Weber referred to charisma as an inherent quality of an individual, which makes that individual very different from the ordinary men and gets treated as someone specially awarded with paranormal, heroic and exceptional qualities. Later, he narrowed this definition to include specific personal qualities that distinguish the individual from other people. Based on Weber’s generalization and pontification of charisma, Shils defined charisma as, â€Å"the quality which is imputed to persons, actions, roles, institutions, symbols and material objects because of their presumed connection with ‘ultimate,’ fundamental,’ ‘vital,’ order-determining powers†. Weber refers to charisma as one of three bases of legitimate authority in the institutional setup. While Weber’s original concept of charisma emphasizes on charisma as a personal quality. Weber’s philosophy bases the evolution of all social organizations on charismatic qualities of few individuals. Klein and House define charisma as â€Å"a fire that ignites followers’ energy and commitment, producing results above and beyond the call of duty†.

Thursday, September 26, 2019

Assessing International Business Opportunities and Risk with reference Case Study

Assessing International Business Opportunities and Risk with reference to KFCs operations in India - Case Study Example Social Factors influencing the decision: Primarily India is religious country where people believe in tradition and religion. Also by nature a majority of the people are vegetarians who have the habit of eating an occasional snack of non vegetarian food. Hence the entry of a Multi national company into India just to supply chicken infuriated them, also the methods used to kill the chicken were thought of as cruel by Animal Protection activists like PETA. Many popular people who support vegetarianism like Anoushka Shankar, daughter of popular sitarist Pandit Ravi Shankar, John Abraham, A movie star, Raveena Tandon, Model and movie star etc. The social conditions in India actually are loaded in favor of KFC, what was lacking is the social setting which is totally against them initially. This is due to KFC’s inability to adapt to the cultural settings of Asian countries like India. Technological factors: Traditionally Indians prefer food made at home or in the traditional setting with a minimum of technology. So when KFC came into with all its international name and latest equipment then it is bound to disappoint any traditional India. Moreover Indian food is served hot and never preserved. They believe that food stored for periods will lose its nutritious values. So when KFC started to use a flavor enhancing agent PETA started agitations against that. The moral of the story is that technology in it self is not the bane. The application of which has to be limited in certain contexts and placed like cooking in India Result: Not in favor of KFC. Environmental factors: If there is one thing that lured KFC to India it is the changing entire Asian markets are opening up and India is cornering all the glory in this context. Because of the globalization the environment is fast changing In India and this is a huge plus for KFC

Wednesday, September 25, 2019

Should Students Wear Uniforms to School Essay Example | Topics and Well Written Essays - 500 words

Should Students Wear Uniforms to School - Essay Example Despite the controversies, it is important to have an in-depth understanding of the advantages and disadvantages of having school uniforms before making decisions whether to abandon school uniforms. First, it is worth noting that school uniforms create a positive learning environment. Whenever students wear school uniforms to school, the problems of peer pressure to match with students from rich families and bullying are minimized (Anderson, 2014). For instance, students have a sense of equality wearing school uniforms and thereby reducing competition to match or outdo their peers. School uniforms also make the students have a sense of belonging to the school community hence making learning an easier process (Delaney, 2008). On the other hand, critics may argue that there are private schools that perform well and do not mandate school uniform thereby bringing a sense that school uniforms do not necessarily create a good learning environment. Another major advantage of having students wear school uniforms to school is that controlling students dressing code is easier (Thomond, 2013). For instance, students cannot come to school wearing clothes with abusive logos are with clothes that undermine modesty or even clothes that support certain gang activities. It also reduces the school staffs work to monitor school attire, as all students will be in the same uniform. Even though some people argue that with school uniform it is easier to control dressing code, some may also argue to the contrary that it limits the rights of students to express themselves. According to Bowen (2014), school uniforms violate the rights to freedom of speech. Bowen (2014) argues that students should be allowed to make their own choices despite the school uniform policies.

Tuesday, September 24, 2019

Social Justice Essay Example | Topics and Well Written Essays - 750 words - 1

Social Justice - Essay Example First of all, it is highly important to know about different forms of organizational justice. Distributive justice and procedural justice are two different forms of justice that can be implemented in organizational operational process. Distributive justice generally developed upon several distribution principles. This distributive justice generally has three important elements, such as equity, needs and equality. Equity generally exists when the possible outcomes are proportional to the specific contributors. In terms of equality, the recipients generally receive similar level of result. In terms of needs, the end results or outcomes are proportionate to the needs (Hegtvedt, 2005). On the other hand, procedural justice can be considered as the study subjective evaluation of justice for people considering some specific procedures, whether they are ethical or unethical and fair or unfair. These specific procedures have several key organizational elements, such as interaction, problem solving, decision making, leadership, management and interpersonal dynamics (Tyler, 2005). These two approaches are very much important in the effective operational process of modern day organizations. The organizational leaders, such as CEO needs to develop and implement unique strategies in order to ensure effective organizational within the workplace. First of all, it is highly important to ensure effective leadership style in order to confirm effective workplace environment. Democratic leadership style will help the organizations to ensure effective corporate governance, ethical operational process and workplace diversity. Secondly, adoption and implementation of stakeholder engagement in the strategy development and decision making process will help the organization to increase the motivation level of employees. According to these strategies, the leaders of organizations can ensure effective organizational justice for both employees and employers

Monday, September 23, 2019

Karl Marx and Emile Durkheimcitizens Essay Example | Topics and Well Written Essays - 500 words

Karl Marx and Emile Durkheimcitizens - Essay Example He believes that the individual understands and fits into their society through "Their understanding of religious origin; they are social affairs and the product of collective thought" (Giddens). While the two philosophers had differing opinions on how a society is formed, they are similar in that they both studied how the individual fits into and reacts to their societies. Marx's theory of "fetishism of commodities" first introduced in his main work Capital, focuses on the capitalist society's obsession with goods and its devaluing of labor. He believes, "Commodities are seen as having power over the people who produce them" (Tucker). Therefore members in a capitalist society begin to function in a cycle of laboring for goods. They strive for more and more commodities and work harder and harder to get them, losing focus on the true value of the commodities. This kind of society loses the relationship between the producer and the consumer because the producer only sees the commodity according to the work that he put in to produce it while the consumer values the commodity at face value since they are unaware of what kind of labor went into producing it. Marx's theory reveals a society that is formed out of and run by commodities.

Sunday, September 22, 2019

Article review in fashion industry Essay Example | Topics and Well Written Essays - 500 words

Article review in fashion industry - Essay Example However, this may not be always easy for the companies to know what designs offends or goes against cultural beliefs and practices of an individual society2. However, there are certain ways that designers can avoid conflicts and offending others using their designers3. For instance in the case of Urban Outfitters, in the controversy regarding the grey and white striped pattern combined with a pink triangle, may be the Company would have changed the color of the stripes and the triangle shape to a different one, and that way it would not have offended anyone. Also, in cases of ‘Punk as F**k Shirt’ and ‘Pro-booze Shirts for Kids,’ Urban Outfitters would have avoided using offending logos, in particular, to the parents who always wish that their children would not suffer due to negative fashion influences. I believe that it is possible to convince the market people on any controversy, but if only it is not repeated several times. Furthermore, asking for genuine apology can make the market people change their attitude and perceive the apologizing party as sensitive, and thus forgive

Saturday, September 21, 2019

Charles Dickens Essay Example for Free

Charles Dickens Essay Great Expectations, written by Charles Dickens, is one of the most popular classics of our time. Dickens novel was, some may say the work of a genius. The tale is of a boy who starts from humble beginnings and whom the story follows through to young adulthood each entering a new experience for the boy. Charles Dickens wrote the novel in 1860-61. He was born into a respected middle class family, in Charlton. He incorporated local features and happenings into his books when he could. His father went into debt and then prison after his finances collapsed. The rest of the family had to go to, so Charles spent time in prison. This is where Charles Dickens got some of his inspiration for his book. He eventually died at the age of fifty-eight from a stroke and was buried in his local churchyard. Chapter eight is an essential part of the book because it conveys a clear image of the characters personality and is a key part for the rest of the story. I will look in Chapter 8, where Pip goes to see Miss Havishams house for the first time, for a number of different techniques and devices which the writer uses to make us feel sympathy for Pip. Charles Dickens starts making the reader feel sorry for Pip when he and Mr Pumblechoke arrive at the gates, and Estella greets them. They completely over look Pip. This shows that Pip is unessential and insignificant. This, said Mrs Pumblechoke, is Pip This is Pip, is it? returned the young lady come in Oh she says, you wish to see Miss Havisham? If Miss Havisham wishes to se me. Returned Mr Pumblechoke. As you can see, from this initial conversation, Pip does not have the opportunity to introduce himself. This shows that he is considered to be insignificant, even though it was he who Miss Havisham had sent to see. This makes the reader feel condolence for Pip because it is as if people dont care about him. After the initial conversation, when Pip was marched inside with Estella, Estella starts to patronise Pip, which makes us feel sorry for him. But dont loiter, boy Though she called me boy so often, and with a carelessness that was far from complimentary, she was about my own age. She seemed much older than, of course, being a girl, and a beautiful and self-possessed; and she was as scornful of me as if she had been one and twenty, and a queen This paragraph shows us that Pip is already feeling downhearted about Estella constantly making him feel bad. Even though Estella was about the same age as Pip, she considers herself to be wiser, more mature and generally above Pips level. This is showed in the film by Estella being taller than Pip and looking down on him making her think herself bigger than him. This makes the reader feel sympathetic towards Pip because it is his first visit to Miss Havishams. He is evidently nervous and anxious, and having someone of his own age being scornful towards him, his self-confidence just breaks. The third time in chapter eight that the reader is made to feel sorry for Pip is when Pip was left in the hallway on his own with no light. Scornfully walked away, and what was worse took the candle with her. This was very uncomfortable and I was half afraid This makes the reader feel sympathetic for Pip because he is portrayed as being vulnerable. Estella leads Pip into the house and to a door, and was proclaimed by Estella to go in. Pip declines and returns with after you miss. Estella telling him not to be so stupid and scornfully walks off with the light. You would think that now Estella had gone, his situation would have improved but this is not the case. He is about to embark on his first meeting with Miss Havisham, making him hesitant and nervous. His confidence is not helped by standing outside the door in darkness, with no candle. Pip is now viewed as being vulnerable. Soon after Pip swallows his pride and opens the withered and wrecked door handle. No glimpse of daylight was to be seen in it. It was a dressing room, as I supposed from the furniture, though much of it was of forms and uses quite unknown of to me Pip enters through the door and is met by a milky white room. Although well lit by candle. There is antiqued furniture, all of which added to the mood, as if nobody had lived there for quite some time. The clocks had also stopped at twenty minutes to nine. The reader then feels sympathetic towards Pip because of his already nervous state being placed in an eerie, scary atmosphere, which seems unnatural to the poor boy. The reader once again feels sorry for Pip when he is ordered to play cards with Estella, for Miss Havishams viewing. Estella once again starts to be obnoxious towards Pip.

Friday, September 20, 2019

Isomerism in Molybdenum Carbonyl Phosphine Complexes

Isomerism in Molybdenum Carbonyl Phosphine Complexes Part A Preparation and Identification of the Isomers of [Mo(CO)4(PPh3)2] Introduction Molybdenum carbonyl phosphine complexes with the general formula, [Mo(CO)4L2] where (L=PR3; R=Me, Ph etc) have an octahedral geometry. This means the complexes are able to display either cis or trans stereochemistry. Interconversion between the two isomeric forms is enabled through thermal Mo-P bond cleavage. Only the thermodynamically stable isomer of [Mo(CO)4(PPh3)2] is formed by direct reaction of Mo(CO)6 and PPh3. So in order to isolate both isomeric forms of the complex, [Mo(CO)4(piperidine)2] is used as an intermediate. The aim of this experiment was: The preparation of [Mo(CO)4(piperidine)2] by reaction of Mo(CO)6 with piperidine dissolved in toluene The preparation of cis-[Mo(CO)4(PPh3)2] by substitution of piperidine with PPh3 The thermal isomerisation of [Mo(CO)4(PPh3)2] to produce the trans isomeric form Characterization of the products by IR spectroscopy allowed the isomeric forms of each of the complexes to be identified, and the most stable form of the product to be deduced. Reaction Scheme Method Preparation of [Mo(CO)4(piperidine)2] A summary of the preparative details for the formation of [Mo(CO)4(piperidine)2] is detailed in table 1.1 Volume Weight Molar Mass Molar Amount Equivalence Density cm-3 g g mol-1 mol g mL-1 Mo(CO)6 1.00 264.00 3.788E-03 1.00 Toluene 15.00 12.98 92.14 1.408E-01 37.18 0.865 Piperidine 10.00 8.62 85.15 1.012E-01 26.73 0.862 Table 1.1 The preparative details of [Mo(CO)4(piperidine)2] Mo(CO)6 (1.00 g, 3.79 mmol) was dissolved in a mixture of toluene (15 mL) and piperidine (10 mL, 9.62 g, 101.00 mmol), under an inert atmosphere with stirring at 110 à ¢Ã‚ Ã‚ °C for 2 hours under reflux. The resultant yellow mixture was filtered under vacuum for 15 minutes, washed with ice-cold 60/80 petroleum ether (210 mL), to yield a yellow crystalline solid of [Mo(CO)4(piperidine)2]. Yield (1.19 g, 83%); ÃŽ ½max/ cm-1 3250.88 (N-H), 2931.85, 2853.10 (C-H), 2011.73, 1877.24, 1756.58, 1706.11 (C=O), 1476.99, 1462.33 (C-C) In order to calculate the yield of [Mo(CO)4(piperidine)2] formed, the following method was employed, with details summarised in table 1.2. Mass Obtained Molar Mass Moles Theoretical Yield Percentage Yield g g mol-1 mol g [Mo(CO)4(piperidine)2] 1.19 378.30 3.146E-03 1.433 83.05 Table 1.2 The yields for the formation of [Mo(CO)4(piperidine)2] The theoretical mass of [Mo(CO)4(piperidine)2] was calculated from its molar mass and the number of moles of the limiting reagent, Mo(CO)6 , using the following equation eq.1.1 On formation of [Mo(CO)4(piperidine)2] the yield of the complex was actually obtained to be 1.19 g. So in order to work out the percentage yield of [Mo(CO)4(piperidine)2] formed, eq 1.2 was used Preparation of [Mo(CO)4(PPh3)2] (Isomer A) by Substitution of Piperidine with PPh3 A summary of the details of preparing [Mo(CO)4(PPh3)2] (isomer A) is given in table 1.3 Volume Weight Molar Mass Molar Amount Equivalence Density/ g mL-1 cm-3 g g mol-1 mol g mL-1 [Mo(CO)4(piperidine)2] 0.50 378.30 1.322E-03 1.00 PPh3 0.75 262.29 2.859E-03 2.16 CH2Cl2 10.00 13.25 84.93 1.560E-01 118.04 1.325 [Mo(CO)4(piperidine)2] (0.50 g, 1.32 mmol), triphenylphosphine (0.75 g, 2.86 mmol) and CH2Cl2 (10 mL) were refluxed at 40 à ¢Ã‚ Ã‚ °C, under an inert atmosphere for 15 minutes. The reaction mixture was allowed to cool to room temperature. Then methanol (15 mL) was added to the mixture and cooled in the freezer for 30 minutes. The precipitate was filtered under vacuum for 15 minutes which yielded a pale-yellow solid of [Mo(CO)4(PPh3)2](isomer A). Yield (0.43 g, 44%); ÃŽ ½max/ cm-1 2925.53 (C-H), 2011.26, 1876.74, 1756.04, 1706.81 (C=O), 1462.87 (C=C). The yields of the product, [Mo(CO)4(PPh3)2] (isomer A) are summarized in table 1.4. Mass Obtained Molar Mass Moles Theoretical Yield Percentage Yield g g mol-1 mol g [Mo(CO)4(PPh3)2] (Isomer A) 0.43 732.58 5.870E-04 0.968 44.41 As before using eq.1.1 and eq.1.2 the percentage yield was calculated from the theoretical yield. However in this case the limiting reagent was found to be [Mo(CO)4(piperidine)2] Preparation of [Mo(CO)4(PPh3)2] (Isomer B) by Thermal Isomerisation of Isomer A Table 1.5 shows a summary of the preparative details of [Mo(CO)4(PPh3)2] (isomer B) Volume Weight Molar Mass Molar Amount Equivalence Density cm-3 g g mol-1 mol g mL-1 [Mo(CO)4(PPh3)2] (Isomer A) 0.40 732.58 5.460E-04 1.00 Toluene 4.00 3.46 92.14 3.755E-02 68.77 0.865 Since isomer A was produced in a relatively low yield, the thermal isomerisation reaction was scaled so that only 0.4 g of isomer A was used. [Mo(CO)4(PPh3)2] (isomer A) (0.40 g, 0.55 mmol) was added to toluene (4 mL) and stirred under reflux at 110 à ¢Ã‚ Ã‚ °C for 30 minutes under an inert atmosphere. The solution was cooled to room temperature and 60/80 petroleum ether (9 mL) was added to aid precipitation. The resultant mixure was filtered under vacuum for 15 minutes, rinsed with 60/80 petroleum ether (2 x 5 mL), which yielded a brown solid of [Mo(CO)4(PPh3)2] (isomer B). Yield (0.26 g, 65%); ÃŽ ½max/ cm-1 3056.60 (C-H), 1873.38 (C=O), 1476.92, 1431.71 (C=C). The yields of the product, [Mo(CO)4(PPh3)2] (isomer B) are summarized in table 1.6 Mass Obtained Molar Mass Moles Theoretical Yield Percentage Yield g g mol-1 mol g [Mo(CO)4(PPh3)2] (Isomer B) 0.26 732.58 3.549E-04 0.400 65.00 As before using eq.1.1 and eq.1.2 the percentage yield was calculated from the theoretical yield. Results and Discussion This experiment involved the isolation of the two geometrical isomers of [Mo(CO)4(PPh3)2]. Only one of these isomers can be isolated from the direct reaction of PPh3 with [Mo(CO)6]. This reaction requires a long reaction time and high temperatures but yields the more thermodynamically stable geometrical isomer. So in order to isolate the isomer B, an alternative synthetic route was employed. A precursor in the form of [Mo(CO)4(piperidine)2] was used to yield isomer B, since PPh3 is now able to readily substitute piperidine. This method relies on the nature of the ligands. Piperidine is a weak field ligand, and so forms a relatively weak dative bond with the molybdenum ion. However, PPh3 is a strong field ligand and so binds strongly with the central metal ion. This means PPh3 easily displaces the piperidine ligands to give rise to the isomer B form of the complex [Mo(CO)4(PPh3)2]. The first part of the reaction involved the preparation of the intermediate [Mo(CO)4(piperidine)2] which is a yellow solid which is in agreement with literature. The complex was formed in good yield at 83%. The infrared spectrum of [Mo(CO)4(piperidine)2] shows four peaks corresponding to C=O vibrations at 2011.73, 1877.24, 1756.58 and 1706.11 cm-1 (lit). This suggests the isomer of the complex formed is the cis geometrical isomer. This can be explained by employing a group theory technique, which uses an unshifted C=O bonds procedure, as illustrated in figure. E C2 ÏÆ'(xz) ÏÆ'(yz) à Ã¢â‚¬Å"CO 4 0 2 2 Cis-[Mo(CO)4(piperidine)2] has C2V symmetry and the irreducible representation of unshifted bonds is deduced to be 2A1 + B1 + B2. Since all of these operations are IR active, four peaks are expected in the carbonyl region of the spectrum. In the IR spectrum there is also a peak at 3250.88 which corresponds to an N-H bond. This is indicative of unreacted piperidine. The presence of residual piperidine did not negatively affect the experiment to any significant extent. The synthesis of [Mo(CO)4(PPh3)2] (isomer A) yielded a pale yellow solid as reported by. The complex produced a 44% yield which affected the proceedings of the reaction as enough product was not formed. This meant the subsequent reaction had to be scaled down. The IR spectrum of [Mo(CO)4(PPh3)2] (isomer A) displayed four peaks in the carbonyl region at 2011.26, 1876.74, 1756.04 and 1706.81 cm-1 which were similar to those reported in the literature. The compound was also determined to have C2V symmetry which would therefore be expected to give rise to 4 peaks in the spectrum. Therefore isomer A is cis-[Mo(CO)4(PPh3)2]. As a result, it can be deduced that isomer B of [Mo(CO)4(PPh3)2] is the trans geometrical isomer. The trans isomer has a D4h point group and so is expected to produce a single peak in the IR spectrum. As predicted, the spectrum of isomer B has a peak in the carbonyl region at only 1873.38 cm-1. The trans-[Mo(CO)4(PPh3)2] isomer was a brown solid and produced at a reasonable yield of 65%. The trans isomeric form of [Mo(CO)4(PPh3)2] is the thermodynamically more stable form of the two isomers. The trans isomer required more vigorous reaction condition such as the solvent heated to 110 à ¢Ã‚ Ã‚ °C and a longer reaction time as opposed to the milder conditions used for the formation of the cis isomer. The trans isomer places the two bulky PPh3 ligands as far as possible from one another, at 180 à ¢Ã‚ Ã‚ ° apart, which gives the complex the lowest possible energy. Cis-[Mo(CO)4(PPh3)2] is the kinetic product of the reaction since it forms at a faster rate. This is because the activation energy barrier is much smaller, as reflected by the mild conditions imposed (40 à ¢Ã‚ Ã‚ °C toluene, 15 minute reflux). Conclusion The synthesis of all three complexes was successful. A good yield was obtained for the formation of [Mo(CO)4(piperidine)2] at 83%. However, isomer A of [Mo(CO)4(PPh3)2] was produced at a relatively low yield of 44%, in comparison to 65% produced for isomer B. The low yield of isomer A affected the proceedings of the subsequent steps of the reaction, and so required a scaling down of reagents used from this point onwards. The infrared spectrum of [Mo(CO)4(piperidine)2] produced four C=O stretching bands at 2011.73, 1877.24, 1756.58 and 1706.11 cm-1; which matched those reported in literature. This suggested that the complex had a cis geometry and therefore the point group of the complex is C2V. For isomer A of [Mo(CO)4(PPh3)2], the point group was also inferred to be C2V. using the method of unshifted C=O bonds, it was determined that four peaks are expected in the spectrum corresponding to C=O vibrations. The infrared spectrum obtained did indeed have four bands at 2011.26, 1876.74, 1756.04 and 1706.81 cm-1. This shows good correlation with the predictions from group theory. For isomer B of [Mo(CO)4(PPh3)2], the spectrum displayed a single peak at 1873.38 cm-1 which corresponds to C=O. The geometry of the complex is therefore confirmed to be trans, and the point group deduced to be D4h for the complex. The colours of the complexes showed good agreement with that reported in literature. The intermediate complex [Mo(CO)4(piperidine)2] was yellow in colour. The cis isomer of [Mo(CO)4(PPh3)2] was pale yellow, whilst the trans isomer was brown. To summarize the products were produced in reasonable yield, and the IR spectra along with group theory allowed the distinction of the isomeric forms of the complexes. Questions A complex ion is formed when a d-block transition metal ion forms a coordinate bond by accepting a pair of electrons from a ligand. A ligand is an ion or molecule that surrounds the metal ion and is able to donate a pair of electrons to it. This means the ligand is a Lewis base, whilst the central metal ion functions as a Lewis acid. There are two types of bonding between a d-block transition metal and a ligand, namely ÏÆ'-bonding and Ï€-bonding. ÏÆ'-bonding is present in all interactions between a metal and ligand because the lone pair of the ligand lies on the internuclear axis. However, some ligands are able to participate in Ï€-bonding interactions. A ligand is said to be a Ï€-donor ligand if the interaction involves donation of electron density from a filled orbital towards an empty metal orbital. It is also possible for a ligand to be a Ï€-acceptor ligand. In this case, electron density is donated from a filled orbital on the metal to an empty orbital on the ligand. The bonding between a d-block transition metal and specific ligands is discussed below: C≠¡O Carbon monoxide is a strong field ligand with its position high in the spectrochemical series, which means that it gives rise to low spin complexes, due to the fact that it has a large value of Δoct. There are two components that describe the metal carbonyl bonding. ÏÆ'-bonding – when a lone pair of electrons from C≠¡O is donated to an empty d-orbital on the metal, this is known as ÏÆ'-bonding. Ï€-acceptor ligand – when electrons from the filled metal d-orbital are donated to an empty Ï€* acceptor orbital on CO, this is known as Ï€-back donation. CO is both a ÏÆ'-donor and Ï€-acceptor ligand. Since these components complement one another, this results in synergic bonding. In other words, the greater the ÏÆ'-donation the greater the Ï€-back donation. However the extent of backbonding does depend on the oxidation state of the metal and the electronic properties of the other ligands present. Structurally, as a result of synergic reinforcing components, the metal carbonyl bond strength is increased, but this means the C≠¡O is weakened, relative to free C≠¡O gas. This is due to an increase in the electron density of the antibonding Ï€* orbital. PPh3 Triphenylphosphine has a lone pair of electrons on P that it is able to donate to the transition metal centre, and so acts as a ÏÆ'-donor ligand as illustrated in figure†¦. The phosphine has a vacant orbital, so in theory it can also act as a Ï€-acceptor ligand. However, the 3d orbitals that are vacant on phosphorus may be of too high energy for Ï€-backdonation to occur. Instead the ÏÆ'* orbital contributes as the main acceptor component. The ability of a phosphine ligand to act as an acceptor is controlled by the identity of the R substituent. Since in PPh3, the substituent is phenyl which is not a very electron-withdrawing group, the Ï€ acceptor properties are weak. This is because the phenyl rings are not electron-withdrawing enough to lower the energy of the 3d orbitals on phosphorus. However, if the R substituent was replaced by an electron-withdrawing group, the Ï€ acceptor properties of the phosphine group would be greater. To summarise, PPh3 is a good donor but a poor acceptor. Piperidine The molecular formula of piperidine is C5H10NH and the structural formula is displayed in figure†¦. Piperidine can act as a ligand because the nitrogen atom has a lone pair of electrons. However unlike CO and PPh3 it is classed as an intermediate field ligand. Piperidine is able to donate its lone pair of electrons on nitrogen to the transition metal centre, and so is said to act as a ÏÆ'-donor. However since the nitrogen atom only has one lone pair of electrons, it is unable to participate in Ï€-backdonation. [Mo(CO)4L2] where L exists as piperidine or PPh3 may exist as two different geometrical isomers: cis or trans. By considering only the C≠¡O bond of the compound in the infrared spectrum and by exploitation of group theory, the molecular arrangement of the compounds prepared could be determined. Cis For cis-[Mo(CO)4L2] the point group was identified to be C2V (since it has a C2 axis, ÏÆ'(xz) and ÏÆ'(yz) components). In the case of cis-[Mo(CO)4L2] the character table for C2V is CHARACTER TABLE C2V here Since only the C≠¡O bonds are being considered, the reducible representation of the number of unshifted C≠¡O bonds under each operation of the point group is detailed in table†¦Ã¢â‚¬ ¦. E C2 ÏÆ'(xz) ÏÆ'(yz) à Ã¢â‚¬Å"CO 4 0 2 2 The reduction formula provides a means of converting a reducible representation into a sum of irreducible representations Where ai= number of times an IRREP contributes to the reducible representation; h= total number of symmetry operations, nR= number of operations in a class; χ(R) = character in reducible representation; χIR= character in IRREP Therefore when the formula is applied to each line of the character table we get: So overall à Ã¢â‚¬Å"CO = 2A1+B1+B2 The complex was then described in terms of vibrational modes, à Ã¢â‚¬Å"CO E C2 ÏÆ'(xz) ÏÆ'(yz) à Ã¢â‚¬Å"CO 2 0 1 1 Using table (C2v character table) it can be seen that A1, B1 and B2 are all infrared active. Therefore cis-[Mo(CO)4L2] would be expected to give rise to four peaks in the vibrational spectrum. The same process was carried out for the trans isomer in order to determine the number of IR active bands in the vibrational spectrum. Trans For trans-[Mo(CO)4L2] the point group was identified to be D4h In the case of trans-[Mo(CO)4L2] the character table for D4h is CHARACTER TABLE D4h here Since only the C≠¡O bonds are being considered, the reducible representation of the number of unshifted C≠¡O bonds under each operation of the point group is detailed in table†¦Ã¢â‚¬ ¦. E 2C4 C2 2C2’ 2C2† i 2S4 ÏÆ'h 2ÏÆ'i 2ÏÆ'd à Ã¢â‚¬Å"3N 4 0 0 2 0 0 0 4 2 0 As before the reduction formula was used to convert the reducible representation into a sum of irreducible representations Therefore when the formula is applied to each line of the character table we get: E 2C4 C2 2C2’ 2C2† i 2S4 ÏÆ'h 2ÏÆ'i 2ÏÆ'd ai A1g 4 0 0 4 0 0 0 4 4 0 1 A2g 4 0 0 -4 0 0 0 -4

Thursday, September 19, 2019

A Critical Response to Hawthorne’s Puritans Essay -- Literacy Analysi

Nathaniel Hawthorne (1804-1864) is critically acclaimed for the portrayal of New England Puritans in his fiction. The grim picture of the rigid and forbidding Puritan community in his works reflects the widespread attitude towards Puritans, yet Professor Deborah L. Madsen, in her paper, â€Å"Hawthorne’s Puritans: From Fact to Fiction† claims that this monolithic portrayal of Puritanism results in a ‘powerful misrepresentation of the actual puritans [and] of the dynamics of Puritan theology’ (Madsen 1999, p 510) . The present response is a critical review of Madsen’s paper. The title of the paper is appropriate. While ‘Hawthorne’s Puritans’ implies a difference between actual Puritans and those conceptualized by Hawthorne, ‘From Fact to Fiction’ extends this idea by suggesting the disparity between history/fact and Hawthorne’s fiction. Madsen’s study argues that Hawthorne attempts to defend his puritan ancestors by creating a monolithic Puritanism, in which the conduct of all authoritarian puritans resembles that of his own ancestors such as John and William Hathorne. The ultimate goal of Hawthorne, according to Madsen, is to excuse ‘the sins of his fathers by showing that they were incapable of acting otherwise’ (Madsen, 1999, p. 510). What Madsen means by ‘a monolithic Puritanism’ is one that here allows ‘only one interpretation of itself and its significance’ (Madsen, 1999, p.516). In other words, it is an essentialist and stereotypical representation that does not take into account the complexities and the changeability of puritan behavior in an attempt to portray its underlying and unchanging essence. The outcome is a fixed and commonly-held image of puritans as a ‘grim and gloomy race, impatient with human weakness and m... ...h they are written and the social sphere in which he moved, his background, and various other influences on him. In conclusion, she brings out how Hawthorne’s fiction creates a biased and monolithic portrayal of the puritans ignoring the complexity of their theology and culture. Ideally, Madsen should have shed some light upon this complexity which could have substantiated her claim that Hawthorne denies the existence of any sophistication in puritan culture and theology. Works Cited Hawthorne, N., 1850. The Scarlet Letter available at: http://www.forgottenbooks.org Montrose, L. A., 1989. "Professing the Renaissance: The Poetics and Politics of Culture," in Veeser, A., 1989. The New Historicism, New York, London: Routledge. pp. 15-36. Madsen, D.L., 1999. Hawthorne’s Puritans: From Fact to Fiction. Journal of American Studies, 33 (1999), 3, 509-517

Wednesday, September 18, 2019

Athletes Leaving College Early :: essays research papers fc

`1   Ã‚  Ã‚  Ã‚  Ã‚  The story of Korleone Young is a saddening one. Korleone was one of the top high school basketball players in the nation while he was in high school. At all the summer basketball camps, he played above his high school peers. During his senior season he dominated all his team’s competition. He had every major Division I basketball program wanting to give him a full scholarship. All of the national powerhouses like Duke, North Carolina, Michigan State, and many more all recruited Korleone heavily. He also had another bug in his ear. The recent trend of high school stars like Kevin Garnett and Kobe Bryant skipping college to go to the pros appealed to him. He figured since he was a star he could skip college too. This was a big mistake. While his counterparts, Garnett and Bryant were drafted in the first round, Korleone fell to the second round. Once he got into camp he proved he was not ready for the physical style of play. After a couple seasons spent on inj ured reserve he is now out of the league. It is becoming more and more a trend for high school and underclassmen basketball players to forgo their college eligibility to enter the NBA draft. Most professional sports have restrictions to limit mentally and physically immature players from throwing away their college education to be unsuccessful in the professional ranks. In the National Football League, NCAA football players are not allowed to declare for the pro draft unless they have been in the school’s program for at least three years. In professional baseball and hockey, although they do draft players straight from high school, they have a minor league system set up. These minor leagues allow players the time to develop and still play against an excellent level of competition. This helps their growth process so that when they get into the real big leagues, they are somewhat ready to play and be a factor. 2 This influx of young players is not only hurting the player, but it is hurting the league and college sports. The NBA is now becoming filled with talented but immature players. College sports is losing it’s top athletes, sometimes after one year of college play. The players are also not graduating. This hurts because when a basketball player does not make it in the NBA, he has no degree to fall back on.

Tuesday, September 17, 2019

Effectiveness of juvenile justice Essay

There is no doubt that youthful offending has occurred throughout recorded history. Youth offenders are grouped in an individual division of the criminal justice system, known as the Juvenile Justice System. Juvenile Justice is an extensive term, encompassing numerous aspects of the criminal justice system, from criminology, to crime prevention strategies, punishment and rehabilitation. According to the Children (Criminal Proceedings) Act 1987 (NSW), juvenile justice refers to the system of criminal law which deals with offenders between the ages of ten and eighteen. This group can then be subcategorised into offences committed by children (aged ten to fifteen) and young people (aged sixteen to eighteen). Both of these subcategories of individuals in the juvenile justice system are said to hold criminal responsibility. But those subjects under the age of ten, according to the Children (Criminal Proceedings) Act 1987 (NSW), hold no criminal responsibility, due to the common law operat ion of doli incapx1. The subsequent report will outline a variety of facets of Juvenile Justice as a present criminal justice issue within Australia, with an emphasis on diversionary schemes, the Children’s Court and Detention Centers (juvenile justice centers and juvenile correction centers). Furthermore, the issue will be considered within the jurisdiction of New South Wales. The reason for such a jurisdiction restriction to consider the issue only within New South Wales is because Juvenile Justice Law differs in each state and territory due to it being part of the residual powers of the state, granted under the principle of the division of power – which is in full operation within Australia. Preceding the presentation of the issue, an extensive assessment of the issue of Juvenile Justice in relation to justice, equality and fairness will be made, drawing upon various case material, legislation and media sources, to draw an accurate conclusion on the effectiveness of the legal system in d ealing with the matters that surround Juvenile Justice. Breaking the Myths: the reality (Facts and Figures) of Juvenile Justice in New South Wales The usual picture painted of juvenile crime is aptly drawn in the following comment made to the Australian Law Reform Commission when it was examining the sentencing of young offenders: â€Å"Notions of a ‘juvenile crime wave’ about to engulf the community have wide popular currency. It  seems to be commonly believed that juveniles commit a disproportionately large number of serious personal and property offences, or that new legislation and programs lead to an increase in juvenile crime, or that society is getting soft on its delinquents, and that tougher institutions and harsher penalties would help curb juvenile crime.†2 In contrast to the picture created by many media stories and thus society’s general view on juveniles, it can easily be shown how inaccurate the portrayal may be, when drawing upon statistical evidence and data. One of the crimes most associated with juveniles is motor vehicle theft. Motor vehicle theft has been declining since 2000, with 7618 vehicles stolen in November 2003 being the lowest figure recorded since figures were first collected in 1995. Further, despite poplar images, in 2002 – 03 only 29 per cent of motor vehicle theft offenders were juveniles and this rate was lower than data collected in 1995 – 96, when 36 percent of motor vehicle theft offenders were juveniles. This is not the only example which exposes the inaccuracy of both the media and society’s illustration of juvenile crime. The rate of juvenile offending is decreasing, from 4092 per 100,000 juveniles in 1995 – 96 to 3130 in 2002–03. The rate of offence dropped twenty per cent since 1995, while the female rate increased slightly to 2000-01, and then dropped 28 per cent by 2003. The most common juvenile offences are other theft (this category includes offences such as pick pocketing, bag snatching, stealing and bike theft), unlawful entry with intent, assault, and motor vehicle theft. Rates for all of these, except assault, declined between 1995-96 and 2002-03 and the rate for other theft decreased by 38 per cent in this period. 3 See Appendix 1 and 2 for full statistical graphs and tabulated evidence. The NSW Bureau of Crime Statistics and Research publishes extensive figures for criminal cases in the Children’s Court. These figures do not include cases dealt with by diversionary schemes (which will discussed shortly). In 2002, the Children’s Court had 8546 juveniles appear before it on criminal charges, and cases were proven against 5398 of them. The six most common offences are pictured in Appendix 3, 4 and 5. New South Wales Juvenile Justice Regulatory Legislation The main statutes regulating the operation of Juvenile Justice in Australia are: Children (Criminal Proceedings) Act 1987 (NSW): This act sets out court procedures for trying children. It was amended by the Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2002 (NSW) to have people convicted of an indictable offence transferred to adult correction facilities upon turning eighteen. Children (Detention Centres) Act 1987 (NSW): This act sets out the way in which juvenile justice centres are administered and processes encompassing the supervision of juvenile detainees Children (Community Service Orders) Act 1987 (NSW): This out outlines supervisory processes of juvenile offenders placed on community service orders Children’s Court Act 1987 (NSW): Sets out the constitution and jurisdiction of the Children’s Court Children (Protection and Parental Responsibility) Act 1997 (NSW): This act explicitly has made parents responsible for the past and future actions of their children. It has also granted police to have powers to remove young people from public places in local government ‘operational’ areas Young Offenders Act 1997 (NSW): An Act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings; and for other purposes 4. Crimes Amendment (Detention After Arrest) Act 1997 (NSW): amends the Crimes Act 1900 (NSW) to give police powers to detain young people after arrest for up to four hours Juvenile Offenders Legislation Amendment Act 2004 (NSW): This act established a new form of prison (‘juvenile correctional centre’) for young people sixteen years and older. Amendments were made to the Children (Criminal Proceedings) Act 1987 (NSW), Children (Detention Centres) act 1987 (NSW) and the Crimes (Administration of Sentences) Act 1999 (NSW). The statues concerning juvenile justice have been created according to international law principles, or amended, to ratify various international conventions of which Australia is a party. Children are recognised internationally as to be treated differently from adults in the criminal justice system, acknowledging that children progress through a number of developmental stages as part of the process of becoming adults. Such international law which recognises the need to treat juveniles differently  comprise of the: Convention on the Rights of the Child (CROC) United Nations Standard Minimum Rules for the Administration of Juvenile Justice United Nations Guidelines for the Prevention of Juvenile Delinquency UN Rules for the Protection of Juveniles Deprived of their Liberty A separate juvenile justice system provides safeguards to protect children and young people, based on international rules for the administration of juvenile justice. In NSW this separate juvenile justice system is administered by the Department of Juvenile Justice, whose mission statement is to â€Å"provide services and opportunities for juvenile offenders to meet their responsibilities and lead a life free of further offending†5. Diversionary Schemes It is clear that there are a variety of statutes regulating the operation of juvenile justice in New South Wales. Of particular importance is the Young Offenders Act 1997 (NSW). This act came into effect on April 6th 1998. The objects of this act aim to â€Å"establish a scheme that provides an alternative process to court proceedings for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings†6. That is, change the way the criminal justice system deals with young offenders by diverting young offender’s away from the court and juvenile justice centres, to alternative forms of intervention (see appendix six for full objects of the act and appendix seven for the sentencing of juveniles; an illustration of when diversion can occur). The Young Offenders Act 1997 (NSW) gives a hierarchical scheme of alternatives to court hearings and detention; these schemes from the lowest level of the hierarchy to the highest level of the hierarchy are: Warnings directed by the NSW Police Formal cautions directed by the NSW Police Youth Justice Conferences directed by the Department of Juvenile Justice These diversions from the court and juvenile justice centres can be employed for the vast majority of offences committed by young people. However, in  Section 8 of the Young Offenders Act 1997 (NSW) the offences which are covered/not covered by the statute are outlined. Offences that cause the death of a person, indecent assault, aggravated indecent assault, acts of indecency (see appendix eight for definition and scope), aggravated acts of indecency, sexual intercourse (or attempt of) with a child between ten and sixteen years, attempts or acts of bestiality, serious drug offences and motor vehicle offences where the young person is old enough to hold a license or permit under the Motor Traffic Act 1909 (NSW) are not covered by the Young Offenders Act 1997 (NSW)7 and are therefore dealt with by the court system. Warnings Under the Young Offenders Act police officers have the discretion to give young offenders warnings for minor summary offences that do not involve violence or related issues. An example of such a minor summary offence is the use of foul language in public. A warning can be issued at any time or place and does not require that the young person admit the offence, although, the police must record the time, place and nature of the offence and the offenders name and gender. The investigating official must â€Å"take steps to ensure that the child understands the purpose, nature and effect of the warning†8. Cautions Under the Young Offenders Act police have the discretion to issue a formal caution for more serious offences covered under the Young Offenders Act. The young offender must admit the offence (after being given the opportunity for legal advice) and consent to being cautioned. If a young person chooses not to be cautioned, they will be dealt with by a court. When making the decision to issue a caution, the police officer must consider: (a) the seriousness of the offence, (b) the degree of violence involved in the offence, (c) the harm caused to any victim, (d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act, (e) any other matter the police officer thinks appropriate in the circumstances. 9 A maximum of three cautions can be given to any one person. A number of individuals, on request by the offender, can be present when the caution is given, including: (a) the child and the person giving the caution, (b) a person responsible for the child, (c) members of the child’s family or extended family, (d) an adult chosen by the child, (e) a respected member of the community chosen by the child, if the person arranging the caution is of the opinion that it is appropriate in the circumstances to do so, (f) an interpreter, (g) if the child has a communication or cognitive disability, an appropriately skilled person, (h) if the child is under care, a social worker or other health professional, (i) if the child is subject to probation or a community service order, the child’s supervising officer, (j) if the investigating official is not giving the caution, the investigating official. 10 As a result of a caution, the young person can be asked to write an apology to any victim(s) of the offence, but no other conditions or penalties may be imposed on the child. Youth Justice Conferences The aim of the scheme of Youth Justice Conferences, empowered by the Young Offenders Act, is to encourage young people to take responsibility for their actions and to discourage them from reoffending. This process allows issues to be addressed in a non-threatening environment and enables the youth to gain access to appropriate services, such as counselling, to help them resolve the underlying problems. The offender must consent to the conference, and must be given a chance for legal advice before consenting to the conference. The decision to hold a conference can be made by the Director of Public Prosecutions or upon court order. The decision to hold a conference is based on the following factors: (a) the seriousness of the offence, (b) the degree of violence involved in the offence, (c) the harm caused to any victim, (d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act, (e) any other matter the Director or court thinks appropriate in the circumstances. 11 The Department of Juvenile Justice is responsible for the operation of youth justice conference in NSW. Youth justice conferencing offices are based mostly in Juvenile Justice Community Offices throughout NSW. Those usually present at the conference can include, the conference convenor, the young offender, the parents/guardians of the offender, other members of the offenders family, the victim (if they choose to attend), support people of the victim and a police officer. The result of a Youth Justice Conference is the creation of an â€Å"outcome plan†, a realistic and achievable plan agreed on by the offender and victim. Each outcome plan is different, and may include the following: (a) the making of an oral or written apology, or both, to any victim, (b) the making of reparation to any victim or the community, (c) participation by the child in an appropriate program,  (d) the taking of actions directed towards the reintegration of the child into the community. 12 If a young person satisfactorily completes an outcome plan, no further action can be taken against him or her for that offence. If this is not the case, the administrator returns the matter to the referring body which then deals with the young person as if the conference had never occurred. Children’s Court: Sentencing Options Young offenders are referred to the children’s court [empowered under Children’s Court Act 1987 (NSW) and Children (Criminal Proceedings) Act 1987(NSW)] for the most serious indictable offences, such as murder, manslaughter, sexual offences, domestic violence, drug trafficking and any other offences that result in the death of a person (i.e. all offences which are not covered under the Young Offenders Act).   The court has limited sentencing options, set out in a hierarchy of available penalties in order of severity. Sentencing hierarchies have been introduced in order to guide the court in selecting an appropriate penalty and to provide a greater degree of consistency in sentencing. Some statutes prevent the court from imposing a sentence at one level unless it is satisfied that a sentence at a  lower level of the hierarchy is inappropriate. Such requirements have been designed to require magistrates to justify the use of more severe penalties, to promote the use o f non-custodial options, and to reinforce the use of detention as a sentence of last resort. The sanctions available to the Children’s Court in NSW, in order of decreasing severity, include the following: detention in a juvenile justice centre or juvenile correction facility suspended detention  community service order, attendance centre order  probation (usually up to two years) or other supervised order fine or compensation and good behavior bond  fine or compensation  referral to a youth conferencing scheme  good behavior bond  undertaking to observe certain conditions  dismissal of charges with or without either a reprimand or a conviction recorded The objectives of sentencing, defined as, retribution, deterrence, rehabilitation and incapacitation have a certain difficulty in being met when sentencing juveniles. Instead, sentencing aims to meet the following objectives: Responsibility; intent, excuse, impairment, motive. This mitigating factor of responsibility is changed when applied to young offenders, due to the notion of reduced responsibility be cause of age Proportionality; sanction applied by the court needs to take account of the seriousness of the crime and responsibility of the offender Equality; consistency in punishment. Frugality; sentence imposed should be the least restrictive that is appropriate Rehabilitation; the court must take into account the chances of rehabilitation for the offender As well as an outline of the options available when sentencing and the objectives that must be achieved when sentencing, the key issue that remains to be examined is the actual use of these sentencing options. Appendix Nine tabulates the various court outcomes from the Children’s Court in 2000. Noteworthy is the â€Å"other proven outcomes† category, comprising a total of 15.1 per cent of the outcomes. This category includes such outcomes as apprehended violence orders, compensation and  committals to higher courts. The next major category is dismissed with a caution, comprising 13.8 per cent of the court outcomes. The offence categories where dismissals are most frequently used are public order offences and drug offences. Most notable is the use of detention, the sixth most frequently used outc ome, 9.8 per cent of the time. Detention Centers: Juvenile Justice Centers and Juvenile Correction Centres In some jurisdictions there are certain legislative requirements when the court is considering sentencing a young person to a period of institutionalisation. Generally speaking, the court must be satisfied that no other sentencing option is appropriate, that is, the offender has not responded to the different preventive and rehabilitation methods available or the offender has committed a serious indictable offence and no other sentencing option is feasible. It is clear that the use of detention is meant to be a â€Å"last resort† measure. The detention of young offenders is driven by several competing rationales, including deterrence, retribution, community safety and rehabilitation. The relative emphasis placed upon these will shape the overall direction of detention-centre policy and have a major impact on the nature of the incarceration experience. Many counseling and education programs are available in Juvenile Justice Centers and Juvenile Correction Centers, like, Kairong Juvenile Correction Facility and Reiby Juvenile Justice Centre in New South Wales. It is expected that these young offenders will be able to exit the system with the same skills and vocational opportunities as any other youth, as they offer many services to incarcerated offenders, such as: drug and alcohol counseling services educational opportunities vocational programs health programs and services recreational programs independent living programs arts and crafts courses cultural programs; special services for Aboriginal offenders legal services It is clear that detention facilities, as required by legislation, provide a secure, stable environment with an accent on rehabilitation and reintegration into the community. Importance is placed on upholding the rights and dignity of juvenile offenders and maintaining family links. Juvenile Justice: Fairness, Equality and Justice The three key legal notions of fairness, equality and justice are fundamental when assessing any issue within the Australian legal system. It is said that these three notions are the speculative cornerstones of the entire legal system, with each decision (whether they be statute law or common law decisions, decisions by government departments or decisions made by law enforcers) made within the legal system, hinging on fairness, equality and justice. It is fundamental, when assessing the issue of juvenile justice as a current criminal justice issue, to consider fairness, equality and justice, independently, even though these three notions, in operation, are interdependent. The following is an assessment of juvenile justice in relation to the specific issues which have been outlined in this report, thus far. These specific facets of juvenile justice are its relevant regulatory legislation, diversionary schemes, the Children’s Court and Detention Centers. – Equality Many individuals argue that equality before the law is the most fundamental and important aspect of our judicial system. Equality before the law means that all people who come before courts are treated equally regardless of their individual situation; this is formal equality before the law. But equality also suggests that everyone is treated the same and to achieve equal treatment, mitigating circumstances must be taken into account during the legal process, so that equality of outcomes can be achieved. The statues regulating juvenile justice all take into account the age of criminal responsibility before the law, and the fact that being a juvenile does in fact reduce responsibility before the law. Because of this, formal equality for juveniles can be achieved, as all juveniles are considered to have reduced criminal responsibility due to the fact that they are indeed juveniles. The imposing of formal equality, which is clearly defined in the various statutes regulating juvenile justice, does not occur during the operation of the statutes by law enforcement officials, such as police officers. It is evident that minority racial groups can be discriminated against at the law enforcement level, that is, due to the police. During the documentary, Insight: Juvenile Justice, produced by SBS Australia and screened by SBS Australia on March 3rd 2000, which was documented by reporter, Vivan Ultman, raises many issues in regards to the treatment of ethnic minorities within the juvenile justice system. Chris Cueen a criminologist in New South Wales believes there is a clear reason for the over representation of minority groups in Juvenile Justice Centers, stating â€Å"the clear answer to that is the most marginalized kids in society are the ones that end up locked up, it’s a reflection on unemployment and ethnicity†. Former magistrate of the Children’s Court in NSW, Rod Blackmore, states that â€Å"they (ethnic minority juveniles) aren’t being dealt with more harshly by the courts, or by the system, it’s rather a gate keeping problem, whether they’ve been diverted in the first place by the police or they are quickly being charged and arrested by the police†. Because of the lack of diversion by the police, who do not utilize diversionary schemes empowered under the Young Offenders Act 1997 (NSW), such as an on the spot warning or a more serious formal caution, a clear inequality has resulted – leaving more ethnic minorities, such as indigenous Australians, in juvenile correction facilities. This overrepresentation, specifically to indigenous Australians, is clearly illustrated in the statistical data comprised by the Australian Institute of Health and Welfare, shown in Appendix Ten. Yet, this over representation could be avoided if the police force took active steps to ensure equality in treating indigenous Australians. Over policing in areas of high indigenous population could be reduced to decrease the tensions between indigenous juveniles and the police. In an article written by Liz Gooch, titled â€Å"Aboriginal Prison Rates Increasing† in The Age on the 12th of July 2005, the focus is on indigenous juveniles who are, as quoted, â€Å"20 times more likely to be detained than other Australians†. Not only this, such unequal treatment â€Å"could affect their future significantly, possibly leading to further convictions later in life†. Yet, of importance, is the inequality of ethnic minorities within the community prior to entering the Juvenile Justice System. In New South Wales, groups of indigenous Australians and those from non-English speaking backgrounds, are portrayed by the media as being disadvantaged and typical â€Å"offenders†. Whether or not this true, this has a strong bearing on the factors which lead individuals, like these minority groups, to commit crimes. The result of negative public image can often lead to the justification of groups such as indigenous Australians, to commit crimes. But, active steps have been taken to ensure equality of all juvenile offenders who appear before the Children’s Court, as all juveniles have access to the Legal Aid Youth Hotline, which gives free advice to juvenile’s at all stages in the juvenile justice system. Not only this, during diversionary schemes – such as cautions and Youth Conferencing – young offenders may elect individuals to be present at such schemes, such as interpreters, to ensure equality of opportunity for all young offenders. Equality of opportunity is further encouraged through the use of various educational and vocational training programs during incarceration periods. This ensures that when juveniles exist their incarceration sentence, they are at equal (or near equal) status with other individuals, as if they had not been through the process. There is also indirect discrimination created by the notion of equality before the law. An Australian Law Reform Commission and Human Rights and Equal Opportunity Commission join report, â€Å"Seen and Heard: Priority for Children in the legal Process†13, identified a number of problem areas with respect to young people. One of the most important problems was their relationship with police, the inadequacy of courtroom facilities and inadequate training for criminal justice personnel in dealing with young people. Although this report was created some time ago, improvement is a process of continuity, which may never be fully achieved. – Fairness Fairness refers to the legitimate and proper conduct in the performance of an act or duty. In regards to Juvenile Justice there are many instances when ‘unfair’ treatment in the eyes of the law may occur. One such example of this is the provision of legal advice upon detainment of a juvenile. In the past, when a child asked to speak to a lawyer, police had sometimes given the young offender a telephone book and told them to look one up, often outside business hours. In the case of R v Clifford Cortez14 the court found that this was not fair practice and that the custody manager must inform the child about the free Legal Aid Youth Hotline and help them to access it. In this case, Justice Dowd created common law precedent, when he stated â€Å"Young people aged 17 rarely have a solicitor and rarely have a contact number for one available. It is as absurd as suggesting they might contact their architect or dietary advisory. The whole intention of the hotline is that young people would know that is free, that it is available, and that they would be able to obtain advice there and then. Failure to make it available is a clear breach of the Act and regulation but, more importantly, in breach of the requirement of fairness to the young person†. It is clear that in an effort to allow fairness during the juvenile justice process, the right to legal advice must be upheld. Furthermore, in the case R v Phung and Hunyh15 the importance of the appropriate support person was enforced. In this case, seventeen year old Johnny Phung was suspected of committing an armed robbery and fatal shooting. Police arrested him and conducted two interviews while he was in custody. The these interviews, Phung made admissions about his involvement with the offences. Phung, was not granted an appropriate support person during his questionings. The support person in the first interview with Detective Senior Constable Quigg was Phung’s 21 year old cousin, who did not have strong English (and too was intimidated by the police). The second support person was a Salvation Army Officer who was a stranger to Phung and did not have any opportunity to talk to him privately. When Phung was charged and brought to Court, justice wood refused to admit the interview transcripts, finding that the police had acted improperly by not providing an appropriate support person for Phung. Justice Wood stated â€Å"I would exclude the evidence, since I am of the view that the apparent failure of those concerned to secure compliance with the regime gives rise to an unfairness, and outweighs the probative value of the admissions obtained, powerful as they might have been†. It is clear that in the efforts to  promote fairness in the juvenile justice system, an appropriate support person must be present during the police detainment. Particular unfairness can result in the Children’s Court Sentencing Process, with the most important consideration in sentencing juveniles being rehabilitation. This was illustrated in a case that went to the New South Wales Court of Criminal Appeal, R v GDP16. P was a 15 year old boy who, with two friends, caused extensive damage to a car yard and construction company in the western suburbs of Sydney, to the value of more than $1.5 million. P was arrested by the police and made admissions in two records of the interview. P’s charge could have been determined in the children’s court; however, the court used its discretion to commit P to stand trial in the District Court. P pleaded guilty and was sentenced to 12 month’s detention. A successful appeal was lodged in the Court of Criminal Appeal and the sentence was reduced to 12 months’ probation. Justice Matthews, in her judgement, made a number of points concerning the principles of sentencing young people. She noted that P was a first offender and had received a favourable court report, school report and psychiatric report. He had rehabilitated himself to a substantial degree since the original offence by not reoffending and by returning to school. Justice Matthews found that the original judge who had imposed the custodial sentence had been wrong on two accounts. Although the sentence of 12 months’ detention was within the range of appropriate penalties, it did not take into account the youth of the offender or his or her prospect of rehabilitation. Not only this, the sentencing judge had failed to distinguish the minor role played by P in the offences, he had the same sentence as one co-offender but had played a substantially less role. Other cases since GDP have also been significant in upholding the importance of rehabilitation, including R v Wilkie17, R v Vitros18 and R v ALH19. It is clear that in order to produce a fair outcome for each individual, mitigating circumstances must be taken into account as well any other particular circumstances which surround the case. Examples such as these are extensive, with numerous cases of unfairness during process due to inadequacy of complying with various specifications, outlined in statutes such as the Children (Criminal Proceedings) Act 1987 (NSW) and the Children’s Court Act 1987 (NSW). – Justice Justice is a subjective term depending on the context it is used in. Everyone has an individual idea on what they personally believe justice is. Justice takes into account the notions of equality and fairness, as well as notions of access, equity and human rights. Criminal law is said to operate to right the wrongs of individuals in the community, on behalf of the state. It is a matter of public law, where the state prosecution acts on behalf of all members of society to give the most appropriate retribution for the individuals wrong to society. Yet, Youth Conferences as a diversionary scheme are questioned in their ability to achieve justice for the individual affected by the crime, and thus justice for society. In 2003, 1250 Youth Justice Conferences were run as alternatives to the Children’s Court. Through a youth conference, an individual experiences shame in front of the eyes of intimates and must experience a form of repentance in front of these intimates. It is said to achieve justice for young offenders as it is not excessively confrontational and produces an achievable outcome plan, agreed upon by both the offender and the victim. But, the question remains as to if this is in actuality an achievement of justice. Conferences are considered by many to be a progressive approach to juvenile justice because they recognise the rights of young offenders, their victims, and both their families and community to decide what to do about the damage caused by the offender’s actions. They also provide a forum for discussing and addressing many of the complex issues associated with young peoples offending. In a documentary, titled â€Å"Joe’s Conference: what happens at a youth justice conference†, produced by the Redfern Legal Centre Publishing, in 2000, depicts the process of youth justice conferences as it follows the story of Joe, a youth offender who stole a car, preceded to destroy the car and was then caught by the police, and sent to a youth justice conference. At the conclusion of the documentary, Joe’s agreed outcome plan includes community service and undertaking vocational training at a certified  mechanic’s work shop. No compensation is rewarded for the vic tim, who has lost his car. Although agreed upon by both the offender and the victim, justice, in the eyes of many, may have not been achieved. Yet, contrary to this opinion, in an article featured on the Bureau of Crime Statistics and Research, NSW, titled â€Å"Re-offending by young people cautioned or conferenced†, released on the 3rd of January 2007, found that â€Å"Juveniles who receive a caution or a youth justice conference are less likely to re-offend than those who are referred to the Children’s Court†. Using statistics given by the Australian Bureau of Statistics, the article states that â€Å"Forty-two per cent of those cautioned and 58 per cent of those dealt with at a youth justice conference had a further offence proved against them in the Children’s Court over the five-year follow-up period† and â€Å"only a small proportion of those cautioned (5.2 per cent) or conferenced (10.8 per cent) committed an offence serious enough to warrant a custodial sentence within five years of being cautioned or conferenced†. It is clear that Youth Conferencing can achieve justice, bec ause re-offending rates are decreased. Not only this, justice is achieved for individuals who are able to confront the offender and express their opinions. This is depicted in the article titled â€Å"Justice in the cell with no bars†, written by Jock Cheetham, which appeared in The Sydney Morning Herald on the 29th of October, 2004. Journalist, Jock Cheetham, observes the Youth Conference, on condition that â€Å"no one except the convener is identified†. The Youth Justice Conference was held to create a successful outcome plan for the offender, who is known as ‘Dave’, for offences larceny, vandalism and driving under the influence of alcohol. This article allows the understanding of how Youth Justice Conferences do in fact achieve justice, as it states how the victims felt as a result of the Conference, when the victims and Dave agreed that the offender, Dave â€Å"pay $500 and do 20 hours community work at a Police and Citizens Youth Club†. One of the victims, known as â€Å"Jacquline † states, â€Å"But I was still a bit angry at the end, I still feel he got off a bit easily. It was good because we felt it was over and done with. It doesn’t wipe it all away, but you feel part of the process.† It is clear that Youth Justice Conferences do achieve justice for victims and allow rehabilitation, and thus justice, for offenders. Not only this, by diverting cases away from the Children’s Court, a much greater resource efficiency is gained and greater  access for all young offenders is promoting, furthering the justice provided. Juvenile Justice Centers and other correctional detention facilities, do not achieve justice. Chris Cureen, a criminologist, states â€Å"the most you can say about imprisonment is it takes a young person out of circulation for a period of time and so they are no as likely to commit an offence while they’re behind bars, but in terms of deterrence they don’t work, they don’t stop other kids from committing offences and they certainly don’t stop those same kids from committing offences when they get out†. Juvenile Justice Centers are said to â€Å"teach crime† so that young offenders are more skilful crimin als upon release – in essence, Criminologist Edwin H. Sutherland, theory of differential association. It is easiest and most pleasing to society to put youthful offenders behind bars, but perhaps justice is not achieved by doing this, as it hardens the young offender and fosters further criminal behaviour. Yet, the question remains as to why incarceration facilities offer skills for children to earn a good living upon release. Chris Cueen, states, â€Å"One of the most profound ironies out of something like this is that somewhere like Kariong (the highest security juvenile justice centre in NSW) has the best employment opportunities, so you lock someone up in sort of the maximum security environment, and there at the end point you begin to five them skills or education that should’ve been offered at the very start of the process†. Juvenile Justice Centers offer educational programs to rehabilitate young offenders, but too, foster crime. It is dependant on each individual as to whether the correctional facility is beneficial or detrimental to the offender. Furthermore, l aws regulating Juvenile Justice uphold international human rights standards, such as the UN Conventions on the Rights of the Child (CROC). The statues regulating juvenile justice provide for non-discrimination (article 4), the best interests of the child (article 3), survival and development (article 6) and participation in decision making (article 12). Justice is achieved for young offenders as statues regulating offenders protect ratified human rights conventions. Not only this, justice for juvenile offenders is achieved as it is an offence to publish or broadcast the name or other identifying characteristics of a young person appearing before or convicted by the children’s court. This achieves justice as it avoids future stigmatisation of the young offender and also by ensuring maximum  opportunities for personal growth and development. Conclusion Overall juvenile justice law, as assessed in the previous section, promotes fairness, equality and justice. The common law aims for rehabilitation of offenders, but will not hide from more serious sentencing options, such as detention. If this is continually maintained as the driving force behind the Juvenile Justice System, the pinnacle point of the effectiveness will be reached. For the system to be most effective, a balance must be achieved between the offender and sentencing options, remaining in proportion. Although great improvements are needed in areas of dealing with minority offenders to achieve formal equality before the law, as well as further strict enforcement of principles set out in Juvenile Justice regulatory statues to achieve fairness, total justice, and the utmost effectiveness of the system will be reached. Bibliography: Books: Cunneen. C, White. R. Juvenile Justice: Youth and Crime in Australia, Oxford University Press, Melbourne, 2002 Loughman, J. Mackinnon. G, Hot Topic 49: Juvenile Justice, Legal Information Access Center, NSW, 2004 Findlay. M, Odgers. S, Yeo. S, Australian Criminal Justice, Oxford University Press, NSW, 1999 Healey. K, Issues in Society Volume 90: Youth and The Law, The Spinney Press, NSW, 1998 Healey. K, Issues in Society Volume 40: Juvenile Justice, The Spinney Press, NSW, 1995 Department of Juvenile Justice, What’s Happening in Juvenile Justice in NSW?, Department of Juvenile Justice, Sydney, 2000 Ardagh. A, Youth Conferencing: Contrasting Models, Charles Sturt University, Wagga Wagga, 1996 O’Connor, I. and Sweetapple. P, Children in Justice, Longman Cheshire, NSW, 1988 Western. J, Lynch. M, Ogilvie. E, Understanding Youth Crime: An Australian Study, Ashgate, NSW, 2003 Roberts. A, Juvenile Justice Sourcebook: Past, Present and Future, Oxford University Press, New York, 2004 Cornu. Daryle, Miller. A, Robinson. S, Kelly. T, Steed. K, Cambridge Legal Studies: HSC, Cambridge University Press, Melbourne, 2006 Gleeson. W, Brogan. M, Siow, V, Hayes. M, Thiering, N. Heinemann Legal Studies: HSC Course, Heinemann, NSW, 2003 Brassil. D, Brassil. B, Excel HSC: Legal Studies, Pascal Press, NSW, 2005 Draper. H, Legal Studies: HSC, Longman, Melbourne, 2002 McCarthy. J, Suter. K, Watt. R, Legal Studies 2, Macmillan, South Yarra, 2000 Documentaries: Vivian Ultman, Insight: Juvenile Justice, SBS Australia screen on March 3rd 2000 Fiona Cochrane, Youth Express: Is Justice For all?, Marcom Projects, 1993 Joe’s Conference: what happens at a youth justice conference, Redfern Legal Centre Publishing, 2000 Articles: Liz Gooch, â€Å"Aboriginal Prison Rates Increasing† in The Age on the 12th of July 2005 Jock Cheetham, â€Å"Justice in the cell with no bars†, The Sydney Morning Herald on the 29th of October, 2004. â€Å"Re-offending by young people cautioned or conferenced†, Bureau of Crime Statistics and Research, NSW, 3rd of January 2007 Cases: Accessed via http://beta.austlii.edu.au/ R v Clifford Cortez (Unreported Supreme Court, 3 October 2002) R v Phung and Huynh [2001] NSWSC 115 revised – 15/05/2001 R v GDP (1991) 53 A Crim R 112 R v Wilkie, NSW Court of Criminal Appeal, unreported 2 July 1992 R v Vitros, NSW Court of Criminal Appeal, unreported 3 September 1993 R v ALH, NSW Court of Criminal Appeal, unreported 26 May 1995 Note: Cases in the NSW Children’s Court are heard in camera, and could thus not be used in the report Websites: http://beta.austlii.edu.au/, accessed 23/2/07 http://home.comcast.net/~ddemelo/crime/differ.html, accessed 23/2/07 www.aic.gov.au, accessed 23/2/07 www.djj.gov.au, accessed 23/2/07 www.abs.gov.au, accessed 23/2/07

Monday, September 16, 2019

Teaching Pragmatics

Teaching Pragmatics explores the teaching of pragmatics through lessons and activities created by teachers of English as a second and foreign language. This book is written for teachers by teachers. Our teacher-contributors teach in seven different countries and are both native-speakers and nonnative speakers of English. Activities reflect ESL and EFL classroom settings. The chapters included here allow teachers to see how other teachers approach the teaching of pragmatics and to appreciate the diversity and creativity of their endeavors. Taken together, the activities constitute a spectrum of possibilities for teaching pragmatics. Each submission provides novel insight into the ESL/EFL classroom and demonstrates that there is no single approach to the teaching of pragmatics. The variety of approaches means that pragmatics can be integrated easily into any classroom, whether traditional or communicative. What is pragmatics? The study of pragmatics explores the ability of language users to match utterances with contexts in which they are appropriate; in Stalnaker's words, pragmatics is â€Å"the study of linguistic acts and the contexts in which they are performed† (1972, p. 383). The teaching of pragmatics aims to facilitate the learners' ability to find socially appropriate language for the situations they encounter. Within second language studies and teaching, pragmatics encompasses speech acts, conversational structure, conversational implicature, conversational management, discourse organization, and sociolinguistic aspects of language use, such as choice of address forms. These areas of language and language use have not traditionally been addressed in language teaching curricula, leading one of our students to ask if we could teach him â€Å"the secret rules of English. Pragmatic rules for language use are often subconscious, and even native speakers are often unaware of pragmatic rules until they are broken (and feelings are hurt, offense is taken, or things just seem a bit odd). Neither does pragmatics receive the attention in language teacher education programs that other areas of language do. Nevertheless, rules of language use do not have to be â€Å"secret rules† for learners or teachers. A growing number of studies describe language use in a variety of English-speaking communities, and these studies have yielded important information for teaching. From the teacher's perspective, the observation of how speakers do things with words has demystified the pragmatic process at least to the point where we can provide responsible, concrete lessons and activities to language learners. We are in the position to give assurance that they can learn pragmatics in their second or foreign language and be â€Å"in the club† of English speakers. Teachers can successfully decode the apparently secret rules for classroom learners. Why teach pragmatics in language classes? We advocate teaching pragmatics because, quite simply, observation of language learners shows there is a demonstrated need for it, and instruction in pragmatics can be successful. Learners show significant differences from native speakers in language use; the execution and comprehension of certain speech acts; conversational functions, such as greetings and leave takings; and conversational management, such as back channeling and short responses. (See, for example, Bardovi-Harlig, 1996, 1999, 2001; Kasper & Schmidt, 1996; Kasper & Rose, 1999. Without instruction, differences in pragmatics show up in the English of learners regardless of their first language background or language proficiency. That is to say, a learner of high grammatical proficiency will not necessarily show equivalent pragmatic development. As a result, learners at the higher levels of grammatical proficiency often show a wide range of pragmatic competence. Thus, we find that even advanced nonnative speakers are neither uniformly successful, nor uniformly unsuccessful, but the range is quite wide. The consequences of pragmatic differences, unlike the case of grammatical errors, are often interpreted on a social or personal level rather than as a result of the language learning process. Being outside the range of language use allowed in a language or making a pragmatic mistake may have various consequences. As the teachers contributing to this volume point out, a pragmatic error may hinder good communication between speakers (Takenoya), may make the speaker appear abrupt or brusque in social interactions (Lee), or may make the speaker appear rude or uncaring (Yates). Gallow points out that maintaining a conversation in English requires underlying knowledge of responses that prompt a speaker to continue, show understanding, give support, indicate agreement, show strong emotional response, add or correct a speaker's information, or ask for more information. Berry discusses the importance of learning how to take turns and demonstrates that listening behaviors that are polite in one language may not be polite or recognizable in another. Unintentional insult to interlocutors (Mach & Ridder) and denial of requests (Weasenforth) have been identified as other potential pragmatic hazards. Left to their own devices with respect to contact with the target language in and out of the classroom, the majority of learners apparently do not acquire the pragmatics of the target language on their own (Bouton, 1988, 1990, 1992, 1994, Bardovi-Harlig, 2001; Kasper, 2001). What makes pragmatics â€Å"secret† seems to be in some cases insufficient specific input and in others insufficient interpretation of language use. Language classrooms are especially well suited to provide input and interpretation. Instruction addresses the input problem by making language available to learners for observation. Some speech acts, such as invitations, refusals, and apologies often take place between individuals, so learners might not have the opportunity to observe such language without being directly involved in the conversation. Some speech events, such as office hours and advising sessions, are generally not observed by a third party, but closed events need not be as private as going to the doctor, as one of our graduate students pointed out: A person might want to know the conventions for talking to a hair stylist in a second language, something equally difficult to observe! The second problem of input that instruction addresses is salience. Some necessary features of language and language use are quite subtle and not immediately noticeable by learners, such as the turns that occur before speakers actually say â€Å"goodbye† and the noises they make when encouraging other speakers to continue their turns. Differences in making requests, such as by saying â€Å"Can I? † (speaker-oriented) instead of â€Å"Can you? † (hearer-oriented) might not be immediately salient to learners. By highlighting features of language and language use, instruction can inform the learner. Finally, the classroom is the ideal place in which to help learners interpret language use. Instruction can help learners understand when and why certain linguistic practices take place. It can help learners to better comprehend what they hear (â€Å"What does this formula mean? â€Å") and to better interpret it (â€Å"How is this used? † â€Å"What does a speaker who says this hope to accomplish? â€Å"). A classroom discussion of pragmatics is also a good place to explore prior impressions of speakers. For example, Americans are often thought of as being very direct. As Howard reports, her learners often tell her that â€Å"you don't have to be polite in English. † Instruction provides the opportunity to discuss the absence of some types of politeness markers in English and the presence and function of others that may not be immediately recognizable to learners. As discussed above, the need for pragmatics instruction is fairly easy to document. Recent studies suggest instruction benefits pragmatic development, both in production and comprehension. (For overviews see Kasper, 1997a, and 2001. For a collection of studies see Rose & Kasper, 2001. For individual studies see Bouton, 1988, 1990, 1992, 1994). What are the goals of teaching pragmatics? What are the ultimate benefits to learners? The chief goal of instruction in pragmatics is to raise learners' pragmatic awareness and give them choices about their interactions in the target language. The goal of instruction in pragmatics is not to insist on conformity to a particular target-language norm, but rather to help learners become familiar with the range of pragmatic devices and practices in the target language. With such instruction, learners can maintain their own cultural identities (Kondo), participate more fully in target language communication, and gain control of the force and outcome of their contributions. Kondo notes that â€Å"successful communication is a result of optimal rather than total convergence† (Giles, Coupland, & Coupland, 1991). Expanding upon this view, the authors included in this volume point out that exposing learners to pragmatics in their second or foreign language helps the learners to expand their perception of the target language and those who speak it.. The classroom provides a safe place within which learners can try out new forms and patterns of communication in an accepting environment. They can experiment with unfamiliar forms of address, attempt shorter conversational openings or closings than they are used to, or try longer openings or closings that initially might feel too drawn out-just to get the feel of it. The instructor and other student participants can provide feedback. Instruction should allow students to choose how much of the pragmatic norms of the culture they would like to include in their own repertoire. As a result of the activities suggested in this book they will be better able to interpret the speech of others and, therefore, to decide what they feel comfortable adopting. They will also enjoy greater insights into the target culture. Equally important, we believe that students genuinely enjoy learning about pragmatics because it is like being let into a secret! How can pragmatics be taught? We emphasize that there is not a single best way to teach pragmatics. The teaching activities we have included here represent a wide range of teaching styles and approaches. Regardless of method, however, the activities share some important pedagogical practices. Readers will find that 1) awareness activities generally begin the units described in the chapters, 2) authentic language samples are used as examples or models, and 3) input precedes interpretation by learners or production activities. Instruction in pragmatics may utilize the learners' first language as well as the target language. Awareness raising activities can profitably involve demonstrations in the L1 or L1 language samples. Demonstrations may include the use of space, such as where people stand in a line, or nonverbal gestures that accompany certain types of talk, such as shaking hands during greetings or introductions. In Berry's lesson on listening behaviors, students demonstrate active listening behavior in their own language(s) before observing native speakers. L1 language samples can serve to introduce learners to ideas in pragmatics in a context in which they have native control of the language. The samples can also serve as the basis of L1-L2 comparisons, as in Howard's lesson on politeness in which L1 and L2 business letters are compared. All languages have pragmatic systems, and with a little encouragement all learners will recognize that their L1s also have â€Å"secret rules. † Pragmatics is an area of language instruction in which teachers and students can learn together. The use of authentic language samples in this volume is important because, as Wolfson (1988) points out, in contrast to intuitions about language form or grammar, the intuitions of native speakers regarding language use are notoriously poor. Moreover, the use of authentic language included herein makes possible the teaching of pragmatics by nonnative speakers of English. Throughout this volume, the teacher-authors demonstrate many ways to collect authentic language samples on which to base lessons, including -to name just a few- tape recording messages on answering machines, using internationally broadcast English language talk shows, showing educational films, exploring appropriate world wide web sites; and saving letters and correspondence. The presentation of authentic language samples generally precedes interpretation or production activities, thus giving learners something to build on. It is important to take into account the fact that, just as teachers cannot rely on their intuition in teaching pragmatics, neither can learners do so in their second/foreign language prior to instruction. Pragmatics can be integrated into the English-language curriculum at the earliest levels: There is no reason to wait to introduce learners to the pragmatics of a second language. In fact, the imbalance between grammatical and pragmatic development may be ameliorated by early attention to pragmatics in instruction. Kontra's lesson shows how pragmatics can be introduced to learners even at beginning levels. Contents and organization Each chapter has five main sections: description of the activity, procedure, rationale, alternatives or caveats, and additional pedagogical resources. The chapters specify the level of the learners for whom the lesson was designed, the time required to conduct the lesson, resources needed, and the goal of the activity. The chapters open with a description of the activity, followed by the step-by-step procedure for implementing it with language learners. In the rationale sections, teacher-authors review the reasons behind the development of the activities. Applications of the activities to other learners, settings, modes, or areas of pragmatics; ways to expand or elaborate the activities; and caveats associated with the activities are all included. Examples appear throughout the chapters, with worksheets and overheads following the chapters. This book is organized into five main sections. The chapters in each section are ordered according to the level of the learners for whom the lesson was designed, beginning with activities for the lowest level learners and progressing to advanced learners. The first section, Awareness, presents teaching activities that focus on raising learners' awareness of pragmatic differences between languages. The sections following Awareness offer production activities. The activities that focus on production are organized by the area of pragmatics they address: conversational management, conversational openings and closings, requests, and daily life. Conversational Management includes activities that address the mechanics of conversation, such as turn taking, active listening, relevant short responses, and using hesitation markers. Conversational Openings and Closings deals with the boundaries of conversations: how to begin and end conversations both in person and on the telephone. Requests deals with the specific speech act of asking someone to do something. Finally, Assorted Speech Acts presents a variety of speech acts, including complaining during service encounters, turning down invitations, complimenting, and responding to compliments. Finally, the book has an index designed to help teachers find activities appropriate for their students. To make this easier, the index is organized around major features, such as level of learners, type and content of activity, computer use, and nonverbal communication.