Management Of Diverse Workforce Remains †Myassignmenthelp.Com

Question: Discuss About The Management Of Diverse Workforce Remains? Answer: Introduction Globalization is increasing the demand for the people in organizations across the world to interact with other people from across different and diverse cultures, background, beliefs and practices (Green, Lpez, Wysocki Kepner, 2002). People are not confined to the safe boundaries of their organizations. Instead, employees are forced to compete in a flatter world and economy with stiff competitions from across the entire world. Therefore, organizations have no option but to open up to the reality of the world and establish systems and processes that embrace the concept of diversity if they hope to remain relevant and competitive (Kulik, 2014). The purpose of this paper is to explore the available information and the rationale for diversity in the contemporary business environment. The paper is arranged as follows. The first section provides a definition of the concept diversity in relation to human resource and business management. The paper provides a detailed discussion of the rationale of diversity management in business context. An examination of the demographic drivers and their implication for diversity and human resource management is conducted. A discussion of the challenges and opportunities of a diversity management program is then presented, including the related advantages and disadvantages and how human resource is able to meet and address the issues of diversity management. A discussion is presented on the argument to make to Mark French regarding the business case for diversity management in CERA. A conclusion is then made on the trends and outlook of diversity management and the positioning of the human res ource managers to implement the diversity program effectively. Concept and Definition of Diversity Diversity refers to variety or differences in a given composition. In management, diversity is a broad term suggesting the talent mix and differences evident in the organization workforce and workplaces. The concept, understanding and application of diversity varies from one person and organization to another (Wagner III Hollenbeck, 2014). According to Okoro and Washington (2012), diversity entails recognizing, appreciating and embracing employees differences in terms of age, ethnicity, class, gender, race, sexual orientation, physical and mental capabilities, and spirituality, among other individual differences. Surface level diversity refers to the observable differences among people, including the physical attributes, age, ethnicity, gender race, while deep level diversity refers to the psychological differences among employees that include attitude, personality, beliefs and values (Fisher, Bell, Dierdorff Belohlav, 2012). Regardless of the definition adopted, the concept of div ersity remains the same, and this are the salient differences among the workforce that affect that affect work relationships, performance and achievement. The Rationale for Diversity in HR and Business Management Today, organizations contend with issues of migration and the resulting population mix, ethnic and racial diversity, giving rise to many dilemmas (Castles, De Haas Miller, 2013). It should be noted that with the increasing differences in the world populations, coupled with the opening up of the globe, management of diversity is becoming increasingly important. Companies are under pressure to develop open and inclusive systems, procedures and work structures that appeal to, attract and manage a diverse workforce. This is especially important given that research evidence point to a positive relationship between embracing diversity with improved productivity, profitability and sustainable competitive advantages among organizations (Wagner III Hollenbeck, 2014; Andrevski, Richard, Shaw Ferrier, 2014; Lu, Chen, Huang Chien, 2015). It makes business and management sense to attract, manage and retain a diverse workforce to reap from the obvious accruing opportunities and advantages presented by the practice (D'Netto, Shen, Chelliah Monga, 2014). Workforce diversity constitutes an important competitive asset in the contemporary business organizations (Richard Miller, 2013). It is important for organizations to shift their perspectives concerning diversity and invest in valuing and appreciating workforce diversity if they hope to have effective human resource management, and reap from the value of improved workplace performance and productivity (Richard Miller, 2013). Demographic Drivers of Diversity The workplace is changing at a very fast rate. The most obvious change is the increased intake and control of women in the work environment (Kirton, G., Greene, 2015). Women are increasingly becoming active in the workplace as employees, managers, CEOs, heads of organizations, business owners, challenging the previously male dominated areas (Davidson, 2016). The women are increasingly tasked with contribution to the family income, forcing them to seek competitive employment alongside their male counterparts. Moreover, there is a blurring of the social roles, implying that women can now go for the jobs that were once considered male careers. Consequently, diversity issues are evident across the gender and racial divide. Other than increased uptake of women in employment, another driver of diversity is the ongoing trend of organization restructuring evident across the globe. Today, issues of restructuring, downsizing, rightsizing, business process outsourcing and adoption of robotics technologies are affecting the way that organizations hire and manage people (Cummings Worley, 2014). The workforce has significantly reduced as organizations look to get efficiency and cost management through intensive investment in technology, trends that continue to influence the ways organizations manage its human capital and ability of the company to reap from the benefits that accrue from having a diverse workforce (Cummings Worley, 2014). Technology, globalization, service explosion, internet and increased working hours are continuously transforming the understanding of the traditional workplace, creating new challenges and possibilities of human resource management, and pushing for a significant reduction in the size of workforce that the organization can sustain. The biggest driving force for diversity is the legal environment, which makes discrimination illegal. Consequently, employees enjoy equal rights and opportunities for employment irrespective of their individual and personal differences (Visconti, 2015). People from racial and ethnic minorities are able to enjoy the same rights and opportunities to employment available to the majority groups in the society (Travers, Smaldone Gross Cohn, 2015). The legal framework defines the rights, responsibilities and obligations of both the employees and employers thus ensuring that the management of human resource is fair and just, and that all people have access to all the employment opportunities available without discrimination. Challenges and Opportunities of Diversity This section aims to examine the various opportunities and advantages offered by implementing diversity programs in human resource management. It also examines the challenges, threats and disadvantages arising from the adoption of diversity programs in human resource management in the contemporary business organizations. The benefits and opportunities of diversity accrue to both the employer and the employees. Employees mainly enjoy the benefits and opportunities of gaining equal employment without discrimination (Guillaume, Dawson, Woods, Sacramento West, 2013). Moreover, employees are able to work with and learn from different people, creating cultural competence and personal development through establishment of different social relationships (Chrobot-Mason Aramovich, 2013). Organizations that embrace diversity are able to attract talent , skills, competence and experience by recruiting people from different backgrounds that has potential to improve organization performance, productivity and profitability (Singh, Winkel Selvarajan, 2013). Through adherence to diversity, organizations are able to reduce lawsuits arising from discriminations and poor treatment of people from different backgrounds. Moreover, recruitment of a diverse workforce improves organization image and reputation as an equal employer thus attracting qualified talent and auguring well in the market (Guillaume, Dawson, Woods, Sacramento West, 2013). In addition, diversity creates room for creativity, innovation and different working styles through fostering an environment where different ideas from different people are nurtured to create a competitive organization (Chrobot-Mason Aramovich, 2013). A diverse workforce enjoys flexibility, creativity, adaptability and synergetic working relationships that drive organization performance, creating excellent and high performing teams that ultimately contribute to the bottom line of the organization (Singh, Winkel Selvarajan, 2013). Despite the opportunities enumerated above, diversity also has its own downside, which can have negative effects on the organization. Managing a diverse workforce is a serious challenge for human resource managers in modern organizations (Espinoza Ukleja, 2016). The biggest challenge to diversity is employee resistance and the changes it represents, which creates a serious management hurdle for the HR manager (Espinoza Ukleja, 2016). Moreover, diversity is not just hiring different people, it entails establishing a strategic management approach that encompass appreciating individual differences, inclusiveness, dealing with discrimination and promoting constructive feedback (Podsiadlowski, Grschke, Kogler, Springer Van Der Zee, 2013). The organization culture, pre-existing structures, and negative attitudes in the workplace can easily thwart efforts aimed towards attaining diversity with serious repercussions on the morale, workplace relationships and overall organization productivity and performance (Kirton Greene, 2015). Moreover, HR managers face the challenges of addressing stereotypes, discriminations and prejudices against specific groups of people and employees in the organization. There is a risk that these prejudices can infiltrate the hiring, recruitment, retention and promotion decisions in the organizations (Vance Paik, 2015). In the event this takes place, bias and doubt is introduced in the organizations, killing any chances of synergy and leading to the disintegration of the workplace, with potentially damaging organization outcomes. A Case for CERA Following a review of the literature and examination of pros and cons of diversity in the workplace and organizations, I am thoroughly convinced that diversity is a strategic component of any human resource management strategy. My argument to Mark French is pegged on the value of diversity in fostering sustainable competitive advantage for CERA. It is important for CERA to pursue and embrace diversity as this contributes to organization creativity, innovation and success through attracting the right pool of talent, hiring the people and fostering effective work relations that have the potential to improve the performance and productivity of CERA. Nevertheless, to create a highly successful and diverse workforce, CERA needs to invest in systems and infrastructure that support diversity, including promoting effective human resource managers. It is important for Mark to understand that discrimination is a serious threat to diversity and its consequences have the potential of wrecking the organization and destroying any performance and profitability attained by CERA over the years that they have been operating. It is important for the managers at CERA to examine their own cultural biases and attain cultural competence to avoid the chances of their bias influencing their decisions in managing human resources since this has the potential to limit ability of the organization to appreciate, attain and embrace diversity in managing the workforce. Diversity in human resource management is not about managing the different groups of people, but rather appreciating the fact that people are essentially different yet their differences represents varied value prepositions and usefulness that they bring to the team, workplace and organization setting. It is important to learn how to tap into the different abilities, values, abilities and skills of people to create business value for CERA. Organization learning on effective management of diverse workforce is critical to the attainment of current and future goals and objectives. CERA will be able to attain competitive advantage and stay ahead of the rest if effective programs are implemented to attract and retain diverse workforce. Since diversity extends beyond affirmative action and development of equal employment policies, it is important for CERA to adopt a transformational shift in its organization culture systems and processes to focus more on employee development. This is the mo st important step in attaining diversity and ensuring development of a strong, diverse and competitive workforce. Conclusion The world, the marketplace and the workforce is changing at a relatively fast rate, creating opportunities for adoption and diversity in the management of human resources. Though there are obvious challenges and threats to implementing diversity in the workplace, this study has demonstrated that the practice is invaluable in promoting organization performance, productivity and profitability that all contribute to a sustainable competitive advantage. A review of books and peer reviewed journal articles on the subject of diversity points to the immense opportunities available for strategic human resource managers to take advantage of diversity management programs to harness the value and benefits of a diverse workforce. While diversity can bring about significant benefits and value to the organization, its implementation is often difficult and challenging, requiring high level of skills and expertise from the human resource manager and adoption of a strategic approach to human resources management. It is important to utilize various tools and programs to promote and embrace diversity in the workplace. The starting point is assuming a cultural shift and transformation of attitudes to ensure adoption of an open and inclusive culture that fosters integration and working together of people from different backgrounds. Carefully crafted and employee driven employment policies and programs can be a real deal breaker in attaining diversity and ensuring synergy and effective relationships in the workplace. Since modern workplaces have diverse cultures with people from different backgrounds it would be important to nurture a learning organization that is flexible enough to adapt to meet the different needs an d expectations of the different mix of people. References Andrevski, G., Richard, O. C., Shaw, J. D., Ferrier, W. J. (2014). Racial diversity and firm performance: the mediating role of competitive intensity.Journal of Management,40(3), 820-844. Castles, S., De Haas, H., Miller, M. J. (2013).The age of migration: International population movements in the modern world. Palgrave Macmillan. Chrobot-Mason, D., Aramovich, N. P. (2013). The psychological benefits of creating an affirming climate for workplace diversity.Group Organization Management,38(6), 659-689. Cummings, T. G., Worley, C. G. (2014).Organization development and change. Cengage learning. Davidson, M. (Ed.). (2016).Women in Management Worldwide: Progress and Prospects. CRC Press D'Netto, B., Shen, J., Chelliah, J., Monga, M. (2014). Human resource diversity management practices in the Australian manufacturing sector.The International Journal of Human Resource Management,25(9), 1243-1266. Espinoza, C., Ukleja, M. (2016).Managing the Millennials: Discover the core competencies for managing today's workforce. John Wiley Sons. Fisher, D. M., Bell, S. T., Dierdorff, E. C., Belohlav, J. A. (2012). Facet personality and surface-level diversity as team mental model antecedents: implications for implicit coordination.Journal of Applied Psychology,97(4), 825-841. Green, K. A., Lpez, M., Wysocki, A., Kepner, K. (2002). Diversity in the workplace: Benefits, challenges, and the required managerial tools.University of Florida,1(4):1-3 Guillaume, Y. R., Dawson, J. F., Woods, S. A., Sacramento, C. A., West, M. A. (2013). Getting diversity at work to work: What we know and what we still don't know.Journal of occupational and organizational psychology,86(2), 123-141. Kirton, G., Greene, A. M. (2015).The dynamics of managing diversity: A critical approach. Routledge. Kulik, C. T. (2014). Working below and above the line: The researchpractice gap in diversity management.Human Resource Management Journal,24(2), 129-144. Lu, C. M., Chen, S. J., Huang, P. C., Chien, J. C. (2015). Effect of diversity on human resource management and organizational performance.Journal of Business Research,68(4), 857-861. Okoro, E. A., Washington, M. C. (2012). Workforce diversity and organizational communication: Analysis of human capital performance and productivity.Journal of Diversity Management (Online),7(1), 57-65 Podsiadlowski, A., Grschke, D., Kogler, M., Springer, C., Van Der Zee, K. (2013). Managing a culturally diverse workforce: Diversity perspectives in organizations.International Journal of Intercultural Relations,37(2), 159-175 Richard, O. C., Miller, C. D. (2013). Considering diversity as a source of competitive advantage in organizations.The Oxford handbook of diversity and work, 239-250. Singh, B., Winkel, D. E., Selvarajan, T. T. (2013). Managing diversity at work: Does psychological safety hold the key to racial differences in employee performance?.Journal of Occupational and Organizational Psychology,86(2), 242-263. Travers, J., Smaldone, A., Gross Cohn, E. (2015). Does State Legislation Improve Nursing Workforce Diversity?.Policy, Politics, Nursing Practice,16(3-4), 109-116. Vance, C. M., Paik, Y. (2015).Managing a global workforce. Routledge. Visconti, G. (2015). Legislation Without Empathy: Race and Ethnicity in LIS.Partnership: The Canadian Journal of Library and Information Practice and Research,10(2), 1-9 Wagner III, J. A., Hollenbeck, J. R. (2014).Organizational behavior: Securing competitive advantage. Routledge.

Antonio Vivaldi 8 free essay sample

Antonio Lucio Vivaldi was born in Venice, the capital of the Republic of Venice. He was baptized immediately at his home by the midwife. It is not known how the life of the infant was in danger, but the immediate baptism was most likely due to his poor health or to an earthquake that shook the city that day. Vivaldis official church baptism (at least, the rites that remained other than the actual baptism itself) did not take place until two months later. His father, Giovanni Battista, a barber before becoming a professional violinist, taught him to play violin and then toured Venice playing the violin with his young son. Giovanni Battista was one of the founders of the Sovvegno dei musicisti di Santa Cecilia, a sort of trade union for musicians and composers. The president of the association was Giovanni Legrenzi, the maestro di cappella at St. Marks Basilica and noted early Baroque composer. We will write a custom essay sample on Antonio Vivaldi 8 or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It is possible that the young Antonios first lessons in composition were imparted by him. The Luxembourg scholar Walter Kolneder sees in the early liturgical work Laetatus sum (RV Anh 31, written in 1691 at the age of 13) the influence of Legrenzis style. His father may have been a composer himself: in 1688, an opera titled La Fedelta sfortunata was composed by a Giovanni Battista Rossi, and this was the name under which Vivaldis father had joined the Sovvegno di Santa Cecilia (Rossi for Red, because of the colour of his hair, a family trait). Vivaldi had a medical problem that he called the tightening of the chest (probably some form of asthma). His medical problem, however, did not prevent him from learning to play the violin, composing, or taking part in many musical activities. However, he could not play wind instruments due to his lack of breath. At the age of 15 in the year of 1693, he began studying to become a priest. In 1703, at the age of 25, Vivaldi was ordained a priest and was soon nicknamed il Prete Rosso, The Red Priest, probably because of his red hair. Not long after his ordination, in 1704, he was given a reprieve from celebrating the Holy Mass because of his ill health. From that point onward, he appears to have withdrawn from active practice, but did remain a priest. Style and influence Many of Vivaldis compositions reflect a flamboyant, almost playful, exuberance. Most of Vivaldis repertoire was rediscovered only in the first half of the 20th century in Turin and Genoa and was published in the second half. Vivaldis music is innovative, breaking a consolidated tradition in schemes; he gave brightness to the formal and the rhythmic structure of the concerto, repeatedly looking for harmonic contrasts and innovative melodies and themes. Moreover, Vivaldi was able to compose nonacademic music, particularly meant to be appreciated by the wide public and not only by an intellectual minority. The joyful appearance of his music reveals in this regard a transmissible joy of composing; these are among the causes of the vast popularity of his music. This popularity soon made him famous in other countries such as France which was, at the time, very independent concerning its musical taste. Vivaldi is considered one of the composers who brought Baroque music (with its typical contrast among heavy sonorities) to evolve into a classical style. Johann Sebastian Bach was deeply influenced by Vivaldis concertos and arias (recalled in his Johannes Passion, Matthauspassion, and cantatas). Bach transcribed a number of Vivaldis concerti for solo keyboard, along with a number for orchestra, including the famous Concerto for Four Violins and Violoncello, Strings and Continuo (RV 580). [edit] Posthumous reputation Vivaldi remained unknown for his published concerti, and largely ignored, even after the resurgence of interest in Bach, pioneered by Mendelssohn. Even his most famous work, The Four Seasons, was unknown in its original edition. In the early 20th century, Fritz Kreislers concerto in the style of Vivaldi, which he passed off as an original Vivaldi work, helped revive Vivaldis reputation. This impelled the French scholar Marc Pincherle to begin academic work on Vivaldis oeuvre. The discovery of many Vivaldi manuscripts and their acquisition by the National University of Turin Library (with the generous sponsorship of Roberto Foa and Filippo Giordano, in memory of their sons, respectively, Mauro and Renzo) led to renewed interest in Vivaldi. People such as Marc Pincherle, Mario Rinaldi, Alfredo Casella, Ezra Pound, Olga Rudge, Arturo Toscanini, and Louis Kaufman were instrumental in the Vivaldi revival of the 20th century. The resurrection of Vivaldis unpublished works in the 20th century is mostly thanks to the efforts of Alfredo Casella, who in 1939 organised the now historic Vivaldi Week, in which the rediscovered Gloria (RV 589) and lOlimpiade were first heard again. Since World War II, Vivaldis compositions have enjoyed almost universal success, and the advent of historically informed performances has only increased his fame. In 1947, the Venetian businessman Antonio Fanna founded the Istituto Italiano Antonio Vivaldi, with the composer Gian Francesco Malipiero as its artistic director, having the purpose of promoting Vivaldis music and publishing new editions of his works. A movie titled Vivaldi, a Prince in Venice was completed in 2005 as an Italian-French coproduction under the direction of Jean-Louis Guillermou, featuring Stefano Dionisi in the title role and Michel Serrault as the bishop of Venice. Another film inspired by the life of the composer was in a preproduction state for several years and has the working title Vivaldi. Filming was scheduled to begin in 2007, but was canceled and tentatively rescheduled for 2008. [citation needed] 2008 Europe Taler featuring Vivaldi among other famous European peopleAntonio Vivaldi is also featured on the 2008 Europe Taler. Vivaldis music, together with that of Mozart, Tchaikovsky, and Corelli, has been included in the theories of Alfred Tomatis on the effects of music on human behaviour and used in music therapy. His compositions include: Over 500 concerti; approximately 350 of these are for solo instrument and strings, and of these about 230 are for violin; the others are for bassoon, cello, oboe, flute, viola damore, recorder, lute, and mandolin. Approximately 40 concerti are for two instruments and strings, and approximately 30 are for three or more instruments and strings. 46 operas sinfonias 73 sonatas chamber music (even if some sonatas for flute, as Il Pastor Fido, have been erroneously attributed to him, but were composed by Chedeville). sacred music His most famous work is 1723s Le Quattro Stagioni (The Four Seasons). In essence, it resembled an early example of a tone poem, where he attempted to capture all the moods of the four seasons without the use of percussion to dramatize the effects he sought to portray. (See section above for more detailed description. ) [edit] 1926 and 1930 discoveries As one biography describes it:[7] â€Å" The fate of the Italian composers legacy is unique. After the Napoleonic wars, it was thought that a large part of Vivaldis work had been irrevocably lost. However, in the autumn of 1926, after a detectivelike search by researchers, 14 folios of Vivaldis previously unknown religious and secular works were found in the library of a monastery in Piedmont. Some even- and odd-numbered volumes were missing, and so the search continued. Finally, in October 1930, the missing volumes were found to be with the descendants of the Grand Duke Durazzo, who had acquired the property as early as the eighteenth century. To its amazement, the world of music was presented with 300 concerts for various instruments and 18 operas, not counting a number of arias and more than 100 vocal-instrumental pieces. Such an impressive list of newly unearthed opuses warranted a re-evaluation of Vivaldis creativity. † [edit] Recent discoveries Recently, four sacred vocal works by Vivaldi have been discovered in the Saxon State Library in Dresden. These compositions were improperly attributed to Baldassare Galuppi, a Venetian composer of the early classical period, mostly famous for his choral works. In the 1750s or 1760s, the Saxon court asked for some sacred works by Galuppi from the Venetian copyist Don Giuseppe Baldan. Baldan included, among authentic works by Galuppi, the four compositions by Vivaldi, passing them ff as Galuppis. He probably obtained the originals from two of Vivaldis nephews, (Carlo Vivaldi and Daniele Mauro), who worked under him as copyists. The recognition of Vivaldis authorship could be made by analyzing style and instrumentation and by recognizing arias from Vivaldis operas. The two most recent among these discoveries are two psalm settings of Nisi Dominus (RV 803, in eight movements) and Dixit Dominus (RV 807, in eleven movements), identified in 2003 and 2005, respectively, by the Australian scholar Janice Stockigt. RV 803 was recorded for the first time in 2005 by the Kings Consort under the direction of Robert King. The world premiere of any part of RV 807 took place on 9 August 2005, at Melba Hall, University of Melbourne [8]. It was recorded in full for the first time in 2006 by the Dresdner Instrumental-Concert under the direction of Peter Kopp. Vivaldi scholar Michael Talbot called it arguably the best nonoperatic work from Vivaldis pen to come to light since the 1920s. [9] [edit] Argippo Vivaldis opera Argippo (RV 697) premiered in the Palace of Count Spork, Prague in 1730. The libretto was preserved but the music was presumed to have been lost until portions of it (over two thirds) was discovered in the private archive of the Thurn und Taxis house in Regensburg, in 2006 by harpsichordist and conductor Ondrej Macek. He stated: I found out that in 1733, three years after the premiere, the Italian music ensemble appeared in Regensburg. Theyd been invited there after the theatre in Prague burnt down. [10] Macek used other arias from Vivaldi and said: I used music from operas he wrote at the time, shortly before and after the date of the premiere, and sometimes they [the arias] fit really perfectly. Ondrej Macek and his Hofmusici orchestra chose Prague Castle (seat of the Czech presidency) the 16th-century Spanish, and was performed by 13 singers and 24 musicians[11] on May 3, 2008, the first performance since 1730. The opera is set in an Indian royal court and centers around a young princess smitten by a dishonest suitor. It has three acts and lasts

After The Fall Essays - Marilyn Monroe, Joseph McCarthy, Free Essays

After The Fall Essays - Marilyn Monroe, Joseph McCarthy, Free Essays After The Fall After the Fall Arthur Miller has written many great plays in his life, such as A View from the Bridge ,Death of a Salesman ,The Misfits, The Crucible, and After the Fall. Out of all his plays it is said that After the Fall is the darkest plays he has written. I believe that this is a true statement, and that the reasons this is his darkest play is because it deals with his inner feelings on thing that he had to deal with in his life. The certain aspects that he touched in this play are his marriage with Marilyn Monroe , who was a great actress in her time. Marilyn is portrayed though the character Maggie who is a very innocent girl who, like Marilyn, was looked at mainly as a sex symbol. After the Fall also deals with Millers brush with authorities over communism in the 50s. To describe this concept Miller describes himself as a lawyer who is defending an old friend who is being threaded as being a communist or portraying communistic ideas in his latest book. Though out the play the main character, Quentin deals with his relationships with women. Two of the women who play very important roles are his wife Louise, and his mother ,Rose. Lousie tries to break out of the traditional idea that the wife is there to just cook, clean, take care of both the children and the husband, and be what is portrayed to me as a robot, where she does not have any thoughts of her own. Rose is what every Jewish mother is described as. She is seen as a strong woman, has a lot of say in what is going on, seems to have an icy touch when dealing with certain people, but is always trying to look on the good side of things. His mother is the ideal woman who Quentin holds every other woman in his life up to. The back round of most of the play is set in the early 1950 during the McCarthy trials. By 1950 the senate was in an era of anti-Communist hysteria. Senator Joseph McCarthy launched a series of highly publicized investigations in the State Department, Hollywood, and even the U.S. Army. This was intend to root out Communism. The aggressive attacks that McCarthy launched lead to a wide spread fear and suspicion though many sectors of American society. Since McCarthy had little evidence to back his claims up McCarthy fell into disfavor. In 1954 he was censured by the Senate for abusing his authority.

Persuasive research paper- concealed handgun laws Essay

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Out of Body Experiences Essay Example | Topics and Well Written Essays - 500 words

Out of Body Experiences - Essay Example In general terms, an out of body experience can be defined as a situation where individuals think, considering their minds as separate from the body (Nicholls 5). Actually, out of body experiences make people to imagine that they are working with the brains only while the body is at a different place or it is observing the work of the mind. A comprehensive analysis of out-of-body experiences provides several features, which can be very useful in understanding people’s life. Out of body experiences are mainly evident when people are left alone in places that are free from disturbance. Basically, people face out of body experiences when they are left to think freely in a place far from disruption. When left free, an individual is able to picture several life aspects in the past and imagine some future trends. Research on people thinking patterns shows that individuals tend to forget themselves when thinking in segregated places and concentrate on the use of brain only. For instance, someone might be relaxing at a park in New York but his Mind is in Europe watching football. People’s imaginations and past life are of great influence to out of body experiences. Out of body experiences occur when people anticipate occurrence of major life events such as marriage, giving birth or death. In essence, for an out of body experience to occur, there must be some motivating factors. For instance, an expectant woman might have mixed filling regarding giving birth and start imagining things. For example, she might start picturing how life would be after giving birth and how the unborn child will survive the life challenges. A couple planning to marry with a short duration might also have out of body experiences. For instance, the lady has to picture herself as someone’s wife, something she has never gone through in life. Consequently, the man has to visualize on how the life of a provider looks like. In summary, out of body experiences are diverse and appear

Mens Rea And Actus Reus Of A Crime

Mens Rea And Actus Reus Of A Crime Two elements comprise nearly all crimes, a guilty mind (mens rea) and a guilty act (actus reus). An act does not make a man guilty of a crime, unless his mind is also guilty. It is, therefore, not the act which is guilty but respectively the man and his mind. A substantiation of an actus reus is required in every crime. Also, there is a presumption that every element of the actus reus needs proof of a consequent mens rea. Where the presumption of mens rea is not applicable, such offences are called strict liability crimes. Most crimes have the element of a mens rea. It must always be proven by the Prosecution that an unlawful conduct is committed by an accused. Furthermore, it will usually have to be proven that the accused committed with guilty mind in engaging such conduct. For instance, to ensure conviction for rape in contradiction to s.2(1), 1981 Criminal Law (Rape) Act, it must be proven by the Prosecution that the accused committed unlawful conduct (i.e., non-consensual sexual intercourse with a woman), knowing that no consent is given by the woman or being thoughtless regarding whether or not the woman was consenting (mens rea). If the guilty act (actus reus) involves the particular outcome which the criminal conduct of the accused caused, a mens rea may have to be proven by the Prosecution as well with regard to the particular outcome. The actus reus, for instance, in the crime of assault producing injury in contradiction of s.3, 1997 Non-Fatal Offences against the Person Act, is criminal act, i.e., an assault, and a distinct outcome (i.e., injury). Intention and Mens Rea It is impossible to explore somebodys mind to determine their intentions.  [3]  The meaning of intention, in line with s.14, 1861 Offences against the Person Act, deliberated by the Court of Criminal Appeal in The People (DPP) v. Douglas and Hayes,  [4]  provides that whoever shall fire at any person with the intention to carry out murder shall be guilty of a felony, whether or not it will result to any physical harm. The Special Criminal Court convicted the applicants inter alia of an offence in contradiction of s.14 of the 1861 Act. They argued successfully that the requisite intent under s.14 had not been proven. The courts judgment was conveyed by McWilliam J, stating that unless intent has actually been expressed by the accused, the intent of the accused can only be determined from a consideration of his actions and the surrounding circumstances. What the accused intend or did not intend, only he can know such. Apparently, if the accused expressed the intention to do a thing and carried on to accomplish that intention, proving that the accused acted with intent will be reasonably simple. Conversely, lacking such an expression, intention is harder to prove and other statements expressed by the accused must be considered by a jury or judge as well as the actions of the accused and the circumstances surrounding the case in coming to a decision whether intention is to be inferred or not. Omissions Liability and Actus Reus Precisely what is meant by conduct is commonly referred to as an act. In criminal liability, an omission or a part thereof cannot form the actus reus of a crime as a general rule. As stated by McAuley and McCutcheon,  [5]  the common law traditionally disinclines to punish omissions and to illustrate this time honoured example, watching an infant drowning in a shallow pool by an able-bodied person does not constitute an offence. But this principle is also subject to exceptions. The accused in DPP v. Bartley  [6]  had been convicted of different sexual offences. Carney J on passing judgment commented that where a believable complaint of felony is presented to a policeman, the policeman under the Common Law has no discretion in not investigating the complaint and arrest the indentified offender. This duty if not carried out strongly constitutes on the part of the policeman an illegality and makes him liable to prosecution on indictment. Palles CB remarked in Creagh v. Gamble  [7]  that a person shall be brought to justice where a credible suspicion of a felony is present against him. The Peace Officer is entitled and duty bound as well to apprehend him. This Common Law principle still applies. This was substantiated in R. v. Dytham.  [8]   Concurrence of Mens Rea and Actus Reus If mens rea is to be proven by the Prosecution, it must moreover establish that mens rea existed at the time of the actus reus. At times whether the actus reus and mens rea concurred may not be apparent. The accused in Kaitamaki v. R.  [9]  was charged with rape. Having sexual intercourse with a woman without consent is the actus reus of rape. Knowing that it is non-consensual or whether there is consent or not by being reckless is the mens rea of rape. It was established that the woman initially consented to have sexual intercourse with the accused. In spite of the subsequent withdrawal of the womans consent, the accused persisted and did not desist from having sexual intercourse. It was contended by the accused that at the time of the actus reus (i.e., penetration), consent was present, hence, he did not have a mens rea. Lord Scarman, the Privy Council, rejected this contention by stating that the act of sexual intercourse is continuing and ends only with withdrawal. Accordingl y, the woman had the right to withdraw her consent at whatever time during sexual intercourse, even though she had initially given consent to penetration. The case of Kaitamaki v. R.  [10]  can be referred to in sustaining the proposition that an actus reus entails a continuing act, and as such, in order to ensure a conviction, the accused must be proven to have the required mens rea at some period during its continuation, although it is not essential to establish that at the outset the requisite mens rea was present with the accused.