Lay Magistrates and District Judges free essay sample

Anyone outside the ranges of 18 to 65 years of age (with retirement at 70); anyone who is not of good character and personal standing; an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a lay justice; a serving member of Her Majesty’s Forces; a member of a police force or a traffic warden or any other occupation which might be seen to conflict with the role of a lay justice; and a close relative of a person who is already a lay justice on the same Bench. An individual may apply to become a lay justice and then be interviewed. The Advisory Committees conduct the interviews of would-be lay justices and decide whether the applicant is a suitable person. Essentially, Adivisory Committees are made up, for the most part, of lay justices; but the Lord Chancellor now requires at least a third of the membership to consist of other local people who are not lay justices. We will write a custom essay sample on Lay Magistrates and District Judges or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves. If the Advisiory Committee deems an applicant suitable for appointment, he will be recommended to the Lord Chancellor who will then consider the candidate’s personal suitability for appointment. If approved, the candidate will then be appointed as a lay justice to a particular ‘local justice area’ under the ‘commission of the peace’. Importantly, section 10(3) Courts Act 2003 provides that ‘every lay justice is, by virtue of his office, capable of acting as such in any local justice area (whether or not he is assigned to it The major role of lay justices is in trying criminal cases where they will themselves decide on the innocence or guilt of the defendant. Over 95% of all criminal cases are dealt with in Magistrates Courts. Criminal offences are categorised into levels of seriousness . The least serious are known as summary offences, for example speeding, and may only be tried in a Magistrates Court. The next level are mid-range offences which are triable either in the Magistrates Court or the Crown Court at the election of the defendant, and are known as either way offences. Examples here are driving whilst disqualified and theft. The most serious offences are known as indictable-only offences for example, rape and murder and these offences can only be tried in the Crown Court. Their secondary role is to determine the mode (manner) of trial in either way offences i. e. whether summary or Crown Court. You see, it is often the case that a defendant who intends to plead not guilty will wish to be tried in a Magistrates Court rather than a Crown Court for a number of reasons, and it is then up to the court to decide which venue is most suitable after perhaps consulting the National Mode of Trial Guidelines . Thirdly, lay justices arrange for the committal of an accused to the Crown Court for trial in the case of indictable offences. Now, committal proceedings have traditionally been the means by which a Magistrates Court determines whether there is sufficient evidence against an accused in respect of an indictable offence to justify sending him to the Crown Court to stand trial on indictment. They are held when an adult accused either comes before a Magistrates Court charged with an offence triable only on indictment, or comes before the court charged with an offence triable either way, the mode of trial having been determined in favour of trial on indictment. However, section 51 Crime and Disorder Act 1998 now provides that cases triable on indictment only will be sent immediately to the Crown Court without committal proceedings being held. Lay justices also decide many civil matters, particularly in relation to family work. Specially selected and trained members of the Family Court Panels deal with a wide range of matters, most of which arise from the breakdown of marriage. Undoubtedly, the use of unpaid lay justices is cheap, not only because they are unpaid but also the cost of the trial itself is much less expensive than in the Crown Court. In 1999, the Home Office Research and Planning Unit estimated the average cost of a contested trial in the Magistrates’ Court at ? 1,500 and a guilty plea at ? 500. The comparative figures for the Crown Court were ? 13,500 and ? 2,500 respectively. However, part of this difference is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer; but even so, it is clear that the cost both to the Government and to defendants who pay for their own lawyer is much higher in the Crown Court. Lord Bingham, the former Lord Chief Justice, said that â€Å"the justices are chosen for their qualities of fairness, judgement and common sense, alert to the needs and concerns of the communities they serve and enabling local issues to be determined locally by local people. And, in the eyes of the public, they have one great advantage: that they are free of the habits of thought, speech and bearing which characterise professional lawyers and which most people find to a greater or lesser extent repellent. The existence of 30,000 citizens distributed around the country, all with a sound, practical understanding of what the law is and how it works is, I think, a democratic jewel beyond price. † Thus, obviously Lord Bingham thinks Lay magistrates have many advantages and maybe we should all agree as he was a former Lord Chief Justice. Lay magistrates have the advantages of: local knowledge – lay magistrates come from the local area and therefore have local knowledge which will help them make fairer decisions in court; lack of bias – having a bench of three magistrates avoids bias and gives balanced views; gender balance – lay magistrates come from a wider cross section of society than professional judges including a greater gender balance with 49% of lay magistrates being female. A major area of concern is the variation in sentencing between different areas for the same type of offence. In 1995, Home Office figures revealed, for example, that whilst 70 per cent of those driving whilst disqualified were jailed in West Derbyshire, nobody went to prison for such an offence in Beverley in Humberside, Cirencester or Gloucester. Against this, there are the Magistrates’ Court Sentencing Guidelines which identify each offence that can be dealt with in a Magistrates’ Court and the appropriate sentence. It is probably fair comment that lay justices tend to be biased in favour of the prosecution. For example, when it comes to the word of a policeman as gainst that of an accused, it is not surprising that lay justices tend to believe the policeman. In fact, until 1952, Magistrates’ Courts were known as Police Courts. Figures tend to bear this out: there is a lower acquittal rate in Magistrates’ Courts than Crown Courts. The Criminal Justice Business Quarterly Report of November 2002 reported that in the year ending June 2002, 67% of not guilty pleas resulted in conviction as against 57% in the Crown Court. We can’t be certain, then, that defendants get a fair trial. After all, that is the whole purpose of the criminal justice system, and it could be argued that the statistics are against them. There are also concerns about efficiency. Because they are not professional lawyers, it is said that lay magistrates take longer to analyse and understand cases. They are also more tolerant of verbose advocacy than a professional judge would be. So cases last longer, and there are three of them per case. Though they are not paid a fee for their services, the fact that the court has to be in session for longer is a great expense. It has also been argued that the middle classes are over represented on the bench as far too few working class people have the time to become Lay Magistrates. A District Judge will sit alone in the Magistrates Court. They are legally qualified and will decide whether a person is guilty or not and decide what sentence they should receive. Sections 50-52 Tribunals, Courts and Enforcement Act 2007 set out new conditions of eligibility for judicial appointment. They are called ‘judicial-appointment eligibility conditions’ and there are two, as follows: (1) an individual has to hold a ‘relevant qualification’ and has to have ‘gained experience in law’; (2) a relevant qualification normally as a barrister or a solicitor for a specified minimum number of years is required. A person gains experience in law during this period if the period is one during which the person is engaged in ‘law-related activities’. Law related activities are laid out in section 52 and include the obvious such as practising as a lawyer; and the not so obvious such as teaching law. Incidentally, the Tribunals, Courts and Enforcement Act 2007 provides, for the first time, that Fellows of the Institute of Legal Executives are eligible for appointment to the judiciary. In April 2006, the selection process was transferred from the Lord Chancellor to the independent Judicial Appointments Commission which was set up by section 61 Constitutional Reform Act 2005. Section 63 Constitutional Reform Act 1995 provides that selection must be ‘solely on merit’ (and the applicant must be of ‘good character’). That said, section 64 provides that the ‘Commission †¦ must have regard to the need to encourage diversity in the range of persons available for selection for appointments’ i. e. women and ethnic minorities. Section 88 requires the Judicial Appointments Commission to decide on and run a selection process. In the course of doing so it must consult the Lord Chief Justice and another person who has held the office concerned or has relevant experience. The selection process starts with an open competition after an advertisement for a particular judicial vacancy appears in the national press and/or legal journals. Advertisements also appear on the Judicial Appointments Commission website. Applicants then fill in a form, a shortlist is created, references are sought, interviews are arranged and the best man or woman is then put forward to the Lord Chancellor for approval. All successful candidates to whatever judicial post are appointed on the recommendation of the Prime Minister (on the advice of the Lord Chancellor) to The Queen.

An Investigation to find out how Light Intensity affects Photosynthesis in Pondweed Essays

An Investigation to find out how Light Intensity affects Photosynthesis in Pondweed Essays An Investigation to find out how Light Intensity affects Photosynthesis in Pondweed Essay An Investigation to find out how Light Intensity affects Photosynthesis in Pondweed Essay Essay Topic: Synthesis We Real Cool The investigation is intended to demonstrate the way in which photosynthesis in pondweed is affected by light intensity. I have read about photosynthesis in Illustrated Biology by B.S. Becket, as well as Biology, a fictional approach by M.B.V. Roberts, and this is my summery:Most plants are neither carnivores nor herbivores, they do not feed on complex organic molecules and can instead synthesis organic compounds from inorganic raw materials, this is called Autotrophic Nutrition. There are two different types of Autotrophic Nutrition: Chemosynthesis and Photosynthesis. The method used by all green plants is Photosynthesis. Photosynthesis can be summarised by:Light energyChlorophyll6CO2+6H2O?C6H12O6+6O2Carbon DioxideWaterGlucoseOxygenEnergy from sunlight is trapped by chlorophyll contained in chloroplasts found mostly in the leaves of plants, and is used to combine carbon dioxide with water. Carbon dioxide is absorbed through pores called stomata which are usua lly located on the under surface of the leaves, and water is absorbed from the soil by the roots. The main product generated by photosynthesis is monosaccharide sugar (glucose). This can be converted into proteins for growth, broken down into carbon dioxide and water for energy production, or built up into starch for storage. A waste product of oxygen is also released.The structure of a leafPlanOxygen is the only gas released during photosynthesis. Therefore, to find out how light affects photosynthesis in pondweed, I will measure the volume of gas released from some Canadian pondweed (Elodea). I will record the volume of gas releases every minute, for six minutes, before changing the intensity of light the pondweed is exposed to, and repeating the procedure.The range of equipment available for me to use in school is limited, so this is what I shall be using:a. Lampb. Clamp standc. Meter ruler (cm)d. Bung with a hole in ite. Water containing Sodium Bicarbonatef. Bent delivery tubeg. Conical flaskh. Black paper and some sticky tapei. Scale (mm)j. Elodea (Canadian Pondweed)k. Ink bubblel. StopwatchIn order to get the ink bubble into the delivery tube I will use the following method:1. Seal the top end of the delivery tube.2. Dip the bottom end of the delivery tube into a pool of ink.3. Seal the bottom end of the delivery tube.4. Remove the seal from the top end of the delivery tube.5. Tip the delivery tube up and release seal to position bubble, and then replace seal.6. Seal the bottom of the delivery tube to the test tube, and then finally remove the seal from the top of the delivery tube.To discover accurately the affect of light intensity on pondweed (i.e. maintain a fair experiment), I shall have to supply sufficient amounts of four of the five factors necessary for photosynthesis to take place, these are carbon dioxide, water, chlorophyll, and heat. This is so that the fifth factor, light, is the only factor limiting any photosynthesis that takes place. In addition, the levels of carbon dioxide, water, chlorophyll, and heat need to be kept at a constant. This is so that light intensity is the only variable of which the affect is being measured. Since the investigation is intended to demonstrate the way in which light intensity affects photosynthesis in pondweed, I will obviously have to vary the light intensity. If I varied both the light intensity and levels of carbon dioxide, for instance, and kept the other three factors at a constant, my results would show the effect of both light intensity and carbon dioxide on the rate of photosynthesis in pondweed. It is for this reason that light intensity will have to be the only factor I vary. I know that the natural amounts of carbon dioxide, water, chlorophyll, and heat are of a sufficient quantity, since pondweed survives in the wild. For this reason I shall not alter the amount of heat subjected to the pondweed. Ideally, I would sustain a constant temperature but due to limited equipment , this is not possible. In addition, I shall not alter the amount of chlorophyll present in the pondweed, or its size and surface area. I shall maintain this by simply using the same piece of pondweed for each set of results. This may however cause the pondweed to slightly loose its efficiency at photosynthesis. Though this inaccuracy would be lesser than that caused by using different pieces of pondweed for each set of results, since it would be almost impossible to obtain several pieces of pondweed that were identically sized, had the same surface area, and contained an equal amount of chlorophyll. Ideally I would prefer sustain the pondweeds natural supply of water and carbon dioxide, but by removing the pondweed from the pond and placing it in a test tube, I have already altered the amount of water and carbon dioxide that the pondweed has to use. To compensate for this I shall add Sodium Bicarbonate to the conical flask full of pond water I will provide. Since both water and car bon dioxide are used in photosynthesis, the water will need to be replaced for each set of readings ensuring there will be equal amounts of water and carbon dioxide each time. The water will be replaced with the same volume of water, which comes from the same source, containing the same amount of sodium bicarbonate.I will record the location on the scale, of the beginning of the ink bubble every 30 seconds for 5 minutes. Then using the formula v=?r2l (where v is volume, r is radius and l is length), I will be able to work out the volume of gas released from the pondweed every 30 seconds over the 5 minutes. I will repeat this at least three times, replacing the water each time, and moving the lamp 25cm away from its previous position, when its first position is at 0cm.Since plants respire, the waste products of carbon dioxide and water will also be released:C6H12O6+6O2?6CO2+6H2O+EnergyGlucoseOxygenCarbon DioxideWaterTherefore, I shall carry out a control experiment where the light in tensity is nil (the lamp will be turned off and the test tube wrapped in black paper, stopping any light from getting to the pondweed). This will cause any photosynthesis to cease and provide a set of results I can use for comparison with my other results. With these results I will then be able to work out the volume of gas released during respiration alone, enabling me to work out the approximate volume of gas released during photosynthesis with the varied intensities of light.PredictionI predict that the rate of photosynthesis will increase as the light intensity increases. Since the supply of the other four factors necessary for photosynthesis is limited, if the light intensity increases too much the rate of photosynthesis will stop increasing. In addition, because the pondweed is in a sealed container, if the speed of photosynthesis exceeds the speed of respiration, the supply of carbon dioxide and water will not be renewed in tin, and so the rate of photosynthesis will eventual ly slow down to the rate of respiration. In the long term, this will stop the pondweed photosynthesising enough and will eventually cause it to die. Also, since there will only be the minerals that were present in the water in the test tube, the pondweeds supply of sulphates, phosphates, and nitrates will soon run out. These minerals are not strictly necessary for photosynthesis, but the pondweed cannot survive without them, and if the pondweed is dead, it cannot photosynthesise.When the light intensity is nil, I predict a small amount of gas will be released as a result of respiration.A Predicted graph to show how Light Intensity affects Photosynthesis in PondweedA Predicted graph to show how no light affects Photosynthesis in PondweedTrial Experiment15cmTimeReading onscale (cm)(to 1dp)Volume (ml) of Gasreleased during past30 seconds (to 0dp)0:009.70:309.4-51:009.2-31:309.0-32:008.9-22:308.903:009.023:309.234:009.544:309.855:0010.155:3010.346:0010.65Average volume (ml) of gas relea sed every 30 seconds (0dp)1My trial experiment revealed several problems with my experiment:Firstly, for the first two minutes, the volume of the matter contained in the apparatus decreased, as if gas was being used up rather than produced. This was actually because I had placed the lamp next to the test tube while I had set the equipment up, and then had moved it away to a distance of approximately 15cm. The light was considerably hot and had heated up the test tube and its contents. Therefore, when I moved the lamp away from the test tube, the contents of the equipment compressed as they cooled down, causing the ink bubble to register a decrease of volume. To compensate for this I will leave five minutes before taking any readings, leaving enough time for the contents of the equipment (i.e. the water, pondweed, and the air) to expand or decrease, to the present temperature.Secondly, my equipment proved to include several flaws:* The normal delivery tube proved to be too wide to su stain the ink bubble, so I replaced it with a 1mm wide equivalent.* Equipment was limited, and there was not a bent 1mm wide delivery tube, so I replaced the bent delivery tube with two straight delivery tubes and a rubber pipe.* I found it very hard to position the bubble. In the end, I found a syringe to be useful for the initial positioning.* The seal between the delivery tube and the rubber pipe was not totally air tight, so I added some Vaseline to maximise the seal.Now Vaseline has been added to the seals between the delivery tubes and the rubber pipe, the pipe could easily be moved up and down the tube, which moved the ink bubble up and down the scale, making it much easier to position the ink bubble.This is my new equipment set-up:a. Lampb. Clamp standc. Meter ruler (cm)d. Bung with a hole in ite. Water containing Sodium Bicarbonatef. Scaled capillary tubeg. Delivery tube (short)h. Rubber pipei. Test tubej. Black paper and some sticky tapek. Scale (mm)l. Elodea (Canadian Pon dweed)m. Ink bubblen. Syringeo. Vaselinep. StopwatchAnalysis0cm25cm50cmControl (no light)TimeReading on scale(cm) (to 1dp)Volume (ml) of Gasreleased during past30 seconds (to 0dp)Reading on scale(cm) (to 1dp)Volume (ml) of Gasreleased during past30 seconds (to 0dp)Reading on scale(cm) (to 1dp)Volume (ml) of Gasreleased during past30 seconds (to 0dp)Reading on scale(cm) (to 1dp)Volume (ml) of Gasreleased during past30 seconds (to 0dp)5:007.64.43.71.35:307.834.403.701.306:008.154.523.701.306:308.454.623.701.307:008.634.723.821.307:308.834.823.801.308:009.035.033.801.308:309.355.123.921.309:009.534.8-54.021.309:309.854.924.001.3010:0010.035.134.121.30Average volumeof gas releasedevery 30 seconds (excluding any anomalous results).4210My results show, when the lamp was placed 0cm from the pondweed, the pondweed produced approximately 4mmà ¯Ã‚ ¿Ã‚ ½ of gas every 30 seconds. When the lamp was placed 25cm from the pondweed, the pondweed produced approximately 2ml of gas every 30 seconds. W hen the lamp was placed 50cm from the pondweed, the pondweed produced approximately 1ml every 30 seconds. When the lamp was switched off and the test tube covered in black paper, the pondweed produced approximately 0ml every 30 seconds.This proves that light intensity does affect photosynthesis in pondweed, and that as I predicted, as the light intensity increases, the rate of photosynthesis increases. In fact, the word photosynthesis suggests this: Photo means light, and synthesis refers to the assembly of organic compounds. Though light does affect the rate of photosynthesis, the overall process takes place in two stages, and only the first is light dependant. The second can take place with, or with out light. In the first stage, the light dependant reactions, water is split into hydrogen and oxygen, and ATP is produced. This is where the oxygen is released as a waste gas. The ATP is used in the synthesis of carbohydrates in the second stage, the light independent reactions.Though contrary to my prediction, I recorded no gas to have been produced when the pondweed is subjected to no light at all. This could be a result of one of three possibilities:1. No gas was produced by respiration.2. An insubstantial amount of gas was produced by respiration and so it did not show up on my scale.3. The equipment I used was faulty, and so the gas was escaping.Since my experiment only lasted for 10 minutes, the other factors necessary for photosynthesis did not limit the rate of photosynthesis in the pondweed.Graphs to show how Light intensity affects Photosynthesis in pondweed.Graph to show how Light Intensity affects Photosynthesis in PondweedEvaluationMy experiment did prove that as light intensity increases, the rate of photosynthesis increases, though it is not completely reliable. My data contained at least one anomalous result: on the ninth minute when the lamp was placed 25cm away from the pondweed, I recorded that the volume of the matter inside the equipment dec reased by 5ml. Unreliable anomalous data such as this could have been recorded due to errors in several main areas:* The equipment I used may have been faulty and/or inaccurate:* It is unlikely that the seals around the delivery tubes were totally air tight, and so it is probable that some gas leaked causing the apparatus to record a lesser increase in volume.* As previously stated the lamp gave of a considerable amount of heat, and so when the lamp is close enough to the test tube, it caused the temperature inside to rise. The atoms in the water gain energy making them spread out, increasing their volume. Temperature is one of the four factors I stated I had to keep at a constant, but by using this lamp, and not controlling the rise in temperature, I failed to do so. This means that my results, to a certain extent, show both the effect of Light intensity and temperature on photosynthesis in pondweed.* As well as not controlling the temperature, I could not totally control the inten sity of light, since I was unable to carry out the experiment in a totally dark room, or a room with a sustained level of light.* The scale I used may not have been precise enough.* The equipment I used may have been contaminated:* It is probable that the equipment, in particular the water contained in the test tube, was contaminated with other organisms that would have released gas during respiration.* It is possible the equipment contained undesired substances which also could have affected photosynthesis in the pondweed.* I used the same piece of pondweed for every set of results, meaning the pondweeds ability to photosynthesis may have improved or deteriorated as time went on.* Human error may have lead to inaccuracies in recording data, either by reading the scale wrong or bad time keeping.To account for these possible mistakes I should really repeat the experiment a many times and work out an overall average. This would ensure the data is reliable and not a fluke.In addition, I could use the following equipment to decrease the chance of any fault in my equipment:a. Fluorescent Lampb. Clamp standc. Meter ruler (cm)d. Bung with a hole in ite. Water containing Sodium Bicarbonatef. Scaled capillary tubeg. 3 way taph. Test tubei. Elodea (Canadian Pondweed)j. Ink bubblek. Syringel. StopwatchIdeally, the experiment would be carried out in the dark, with no light pollution at all so that I would have total control of the light intensity. The temperature of the lab would be controlled and constant so that my results would not show how temperature as well as light intensity affects photosynthesis in pondweed. In addition, a fluorescent lamp would be used. This is for two reasons, firstly, fluorescent lamps are incredibly more efficient than normal lumen incandescent lamps, meaning they give off less heat. This also would ensure that my investigation only records the effect of light intensity on pondweed and not temperature.Secondly, the light emitted from lumen in candescent lamps is not white light, it is made up of mostly red light, with some green light, and even less blue light. Since the objective of this investigation is to show how light intensity and not colour affects photosynthesis in pondweed, and plant life has evolved over millions of years to photosynthesise using sunlight, a lamp that emits light of daylight quality would be much more adequate. Also, a three way tap combined with a syringe would enable me to reset the ink bubble to 0 for each set of readings, along with the 1mm delivery tube with scale, this would decrease the chance of human error when reading the scale.Dave Burton 10FDAn Investigation to find out how Light Intensity affects Photosynthesis in Pondweed.

Full Text of General Act of the Berlin Conference on West Africa

Full Text of General Act of the Berlin Conference on West Africa Signed by the representatives of the United Kingdom, France, Germany, Austria, Belgium, Denmark, Spain, the United States of America, Italy, the Netherlands, Portugal, Russia, Sweden-Norway, and Turkey (Ottoman Empire). (Printable version  of this text) GENERAL ACT OF THE CONFERENCE AT BERLIN OF THE PLENIPOTENTIARIES OF GREAT BRITAIN, AUSTRIA-HUNGARY, BELGIUM, DENMARK, FRANCE, GERMANY, ITALY, THE NETHERLANDS, PORTUGAL, RUSSIA, SPAIN, SWEDEN AND NORWAY, TURKEY AND THE UNITED STATES RESPECTING: (1) FREEDOM OF TRADE IN THE BASIN OF THE CONGO; (2) THE SLAVE TRADE; (3) NEUTRALITY OF THE TERRITORIES IN THE BASIN OF THE CONGO; (4) NAVIGATION OF THE CONGO; (5) NAVIGATION OF THE NIGER; AND (6) RULES FOR FUTURE OCCUPATION ON THE COAST OF THE AFRICAN CONTINENT In the Name of God Almighty. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, etc, and Apostolic King of Hungary; His Majesty the King of the Belgians; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President of the French Republic; His Majesty the King of Italy; His Majesty the King of the Netherlands, Grand Duke of Luxemburg, etc; His Majesty the King of Portugal and the Algarves, etc; His Majesty the Emperor of all the Russias; His Majesty the King of Sweden and Norway, etc; and His Majesty the Emperor of the Ottomans, WISHING, in a spirit of good and mutual accord, to regulate the conditions most favourable to the development of trade and civilization in certain regions of Africa, and to assure to all nations the advantages of free navigation on the two chief rivers of Africa flowing into the Atlantic Ocean; BEING DESIROUS, on the other hand, to obviate the misunderstanding and disputes which might in future arise from new acts of occupation (prises de possession) on the coast of Africa; and concerned, at the same time, as to the means of furthering the moral and material well-being of the native populations; HAVE RESOLVED, on the invitation addressed to them by the Imperial Government of Germany, in agreement with the Government of the French Republic, to meet for those purposes in Conference at Berlin, and have appointed as their Plenipotentiaries, to wit: [Names of plenipotentiaries included here.] Who, being provided with full powers, which have been found in good and due form, have successively discussed and adopted: 1. A Declaration relative to freedom of trade in the basin of the Congo, its embouchures and circumjacent regions, with other provisions connected therewith. 2. A Declaration relative to the slave trade, and the operations by sea or land which furnish slaves to that trade. 3. A Declaration relative to the neutrality of the territories comprised in the Conventional basin of the Congo. 4. An Act of Navigation for the Congo, which, while having regard to local circumstances, extends to this river, its affluents, and the waters in its system (eaux qui leur sont assimilà ©es), the general principles enunciated in Articles 58 and 66 of the Final Act of the Congress of Vienna, and intended to regulate, as between the Signatory Powers of that Act, the free navigation of the waterways separating or traversing several States - these said principles having since then been applied by agreement to certain rivers of Europe and America, but especially to the Danube, with the modifications stipulated by the Treaties of Paris (1856), of Berlin (1878), and of London (1871 and 1883). 5. An Act of Navigation for the Niger, which, while likewise having regard to local circumstances, extends to this river and its affluents the same principles as set forth in Articles 58 and 66 of the Final Act of the Congress of Vienna. 6. A Declaration introducing into international relations certain uniform rules with reference to future occupations on the coast of the African Continent. And deeming it expedient that all these several documents should be combined in one single instrument, they (the Signatory Powers) have collected them into one General Act, composed of the following Articles: CHAPTER I DECLARATION RELATIVE TO FREEDOM OF TRADE IN THE BASIN OF THE CONGO, ITS MOUTHS AND CIRCUMJACENT REGIONS, WITH OTHER PROVISIONS CONNECTED THEREWITH Article 1 The trade of all nations shall enjoy complete freedom- 1. In all the regions forming the basin of the Congo and its outlets. This basin is bounded by the watersheds (or mountain ridges) of the adjacent basins, namely, in particular, those of the Niari, the Ogowà ©, the Schari, and the Nile, on the north; by the eastern watershed line of the affluents of Lake Tanganyika on the east; and by the watersheds of the basins of the Zambesi and the Logà © on the south. It therefore comprises all the regions watered by the Congo and its affluents, including Lake Tanganyika, with its eastern tributaries. 2. In the maritime zone extending along the Atlantic Ocean from the parallel situated in 2 º30 of south latitude to the mouth of the Logà ©. The northern boundary will follow the parallel situated in 2 º30 from the coast to the point where it meets the geographical basin of the Congo, avoiding the basin of the Ogowà ©, to which the provisions of the present Act do not apply. The southern boundary will follow the course of the Logà © to its source, and thence pass eastwards till it joins the geographical basin of the Congo. 3. In the zone stretching eastwards from the Congo Basin, as above defined, to the Indian Ocean from 5 degrees of north latitude to the mouth of the Zambesi in the south, from which point the line of demarcation will ascend the Zambesi to 5 miles above its confluence with the Shirà ©, and then follow the watershed between the affluents of Lake Nyassa and those of the Zambesi, till at last it reaches the watershed between the waters of the Zambesi and the Congo. It is expressly recognized that in extending the principle of free trade to this eastern zone the Conference Powers only undertake engagements for themselves, and that in the territories belonging to an independent Sovereign State this principle shall only be applicable in so far as it is approved by such State. But the Powers agree to use their good offices with the Governments established on the African shore of the Indian Ocean for the purpose of obtaining such approval, and in any case of securing the most favourable conditions to the transit (traffic) of all nations. Article 2 All flags, without distinction of nationality, shall have free access to the whole of the coastline of the territories above enumerated, to the rivers there running into the sea, to all the waters of the Congo and its affluents, including the lakes, and to all the ports situate on the banks of these waters, as well as to all canals which may in future be constructed with intent to unite the watercourses or lakes within the entire area of the territories described in Article 1. Those trading under such flags may engage in all sorts of transport, and carry on the coasting trade by sea and river, as well as boat traffic, on the same footing as if they were subjects. Article 3 Wares, of whatever origin, imported into these regions, under whatsoever flag, by sea or river, or overland, shall be subject to no other taxes than such as may be levied as fair compensation for expenditure in the interests of trade, and which for this reason must be equally borne by the subjects themselves and by foreigners of all nationalities. All differential dues on vessels, as well as on merchandise, are forbidden. Article 4 Merchandise imported into these regions shall remain free from import and transit dues. The Powers reserve to themselves to determine after the lapse of twenty years whether this freedom of import shall be retained or not. Article 5 No Power which exercises or shall exercise sovereign rights in the abovementioned regions shall be allowed to grant therein a monopoly or favour of any kind in matters of trade. Foreigners, without distinction, shall enjoy protection of their persons and property, as well as the right of acquiring and transferring movable and immovable possessions; and national rights and treatment in the exercise of their professions. PROVISIONS RELATIVE TO PROTECTION OF THE NATIVES, OF MISSIONARIES AND TRAVELLERS, AS WELL AS RELATIVE TO RELIGIOUS LIBERTY Article 6 All the Powers exercising sovereign rights or influence in the aforesaid territories bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the conditions of their moral and material well-being, and to help in suppressing slavery, and especially the slave trade. They shall, without distinction of creed or nation, protect and favour all religious, scientific or charitable institutions and undertakings created and organized for the above ends, or which aim at instructing the natives and bringing home to them the blessings of civilization. Christian missionaries, scientists and explorers, with their followers, property and collections, shall likewise be the objects of especial protection. Freedom of conscience and religious toleration are expressly guaranteed to the natives, no less than to subjects and to foreigners. The free and public exercise of all forms of divine worship, and the right to build edifices for religious purposes, and to organize religious missions belonging to all creeds, shall not be limited or fettered in any way whatsoever. POSTAL REGIME Article 7 The Convention of the Universal Postal Union, as revised at Paris 1 June 1878, shall be applied to the Conventional basin of the Congo. The Powers who therein do or shall exercise rights of sovereignty or Protectorate engage, as soon as circumstances permit them, to take the measures necessary for the carrying out of the preceding provision. RIGHT OF SURVEILLANCE VESTED IN THE INTERNATIONAL NAVIGATION COMMISSION OF THE CONGO Article 8 In all parts of the territory had in view by the present Declaration, where no Power shall exercise rights of sovereignty or Protectorate, the International Navigation Commission of the Congo, instituted in virtue of Article 17, shall be charged with supervising the application of the principles proclaimed and perpetuated (consacrà ©s) by this Declaration. In all cases of difference arising relative to the application of the principles established by the present Declaration, the Governments concerned may agree to appeal to the good offices of the International Commission, by submitting to it an examination of the facts which shall have occasioned these differences. CHAPTER II DECLARATION RELATIVE TO THE SLAVE TRADE Article 9 Seeing that trading in slaves is forbidden in conformity with the principles of international law as recognized by the Signatory Powers, and seeing also that the operations, which, by sea or land, furnish slaves to trade, ought likewise to be regarded as forbidden, the Powers which do or shall exercise sovereign rights or influence in the territories forming the Conventional basin of the Congo declare that these territories may not serve as a market or means of transit for the trade in slaves, of whatever race they may be. Each of the Powers binds itself to employ all the means at its disposal for putting an end to this trade and for punishing those who engage in it. CHAPTER III DECLARATION RELATIVE TO THE NEUTRALITY OF THE TERRITORIES COMPRISED IN THE CONVENTIONAL BASIN OF THE CONGO Article 10 In order to give a new guarantee of security to trade and industry, and to encourage, by the maintenance of peace, the development of civilization in the countries mentioned in Article 1, and placed under the free trade system, the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to respect the neutrality of the territories, or portions of territories, belonging to the said countries, comprising therein the territorial waters, so long as the Powers which exercise or shall exercise the rights of sovereignty or Protectorate over those territories, using their option of proclaiming themselves neutral, shall fulfil the duties which neutrality requires. Article 11 In case a Power exercising rights of sovereignty or Protectorate in the countries mentioned in Article 1, and placed under the free trade system, shall be involved in a war, then the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to lend their good offices in order that the territories belonging to this Power and comprised in the Conventional free trade zone shall, by the common consent of this Power and of the other belligerent or belligerents, be placed during the war under the rule of neutrality, and considered as belonging to a non-belligerent State, the belligerents thenceforth abstaining from extending hostilities to the territories thus neutralized, and from using them as a base for warlike operations. Article 12 In case a serious disagreement originating on the subject of, or in the limits of, the territories mentioned in Article 1, and placed under the free trade system, shall arise between any Signatory Powers of the present Act, or the Powers which may become parties to it, these Powers bind themselves, before appealing to arms, to have recourse to the mediation of one or more of the friendly Powers. In a similar case the same Powers reserve to themselves the option of having recourse to arbitration. CHAPTER IV ACT OF NAVIGATION FOR THE CONGO Article 13 The navigation of the Congo, without excepting any of its branches or outlets, is, and shall remain, free for the merchant ships of all nations equally, whether carrying cargo or ballast, for the transport of goods or passengers. It shall be regulated by the provisions of this Act of Navigation, and by the rules to be made in pursuance thereof. In the exercise of this navigation the subjects and flags of all nations shall in all respects be treated on a footing of perfect equality, not only for the direct navigation from the open sea to the inland ports of the Congo, and vice versa, but also for the great and small coasting trade, and for boat traffic on the course of the river. Consequently, on all the course and mouths of the Congo there will be no distinction made between the subjects of riverain States and those of non-riverain States, and no exclusive privilege of navigation will be conceded to companies, corporations or private persons whatsoever. These provisions are recognized by the Signatory Powers as becoming henceforth a part of international law. Article 14 The navigation of the Congo shall not be subject to any restriction or obligation which is not expressly stipulated by the present Act. It shall not be exposed to any landing dues, to any station or depot tax, or to any charge for breaking bulk, or for compulsory entry into port. In all the extent of the Congo the ships and goods in process of transit on the river shall be submitted to no transit dues, whatever their starting place or destination. There shall be levied no maritime or river toll based on the mere fact of navigation, nor any tax on goods aboard of ships. There shall only be levied taxes or duties having the character of an equivalent for services rendered to navigation itself, to wit: 1. Harbour dues on certain local establishments, such as wharves, warehouses, etc, if actually used. The tariff of such dues shall be framed according to the cost of constructing and maintaining the said local establishments; and it will be applied without regard to whence vessels come or what they are loaded with. 2. Pilot dues for those stretches of the river where it may be necessary to establish properly qualified pilots. The tariff of these dues shall be fixed and calculated in proportion to the service rendered. 3. Charges raised to cover technical and administrative expenses incurred in the general interest of navigation, including lighthouse, beacon and buoy duties. The lastmentioned dues shall be based on the tonnage of vessels as shown by the ships papers, and in accordance with the rules adopted on the Lower Danube. The tariffs by which the various dues and taxes enumerated in the three preceding paragraphs shall be levied shall not involve any differential treatment, and shall be officially published at each port. The Powers reserve to themselves to consider, after the lapse of five years, whether it may be necessary to revise, by common accord, the abovementioned tariffs. Article 15 The affluents of the Congo shall in all respects be subject to the same rules as the river of which they are tributaries. And the same rules shall apply to the streams and river as well as the lakes and canals in the territories defined in paragraphs 2 and 3 of Article 1. At the same time the powers of the International Commission of the Congo will not extend to the said rivers, streams, lakes and canals, unless with the assent of the States under whose sovereignty they are placed. It is well understood, also, that with regard to the territories mentioned in paragraph 3 of Article 1 the consent of the Sovereign States owning these territories is reserved. Article 16 The roads, railways or lateral canals which may be constructed with the special object of obviating the innavigability or correcting the imperfection of the river route on certain sections of the course of the Congo, its affluents, and other waterways placed under a similar system, as laid down in Article 15, shall be considered in their quality of means of communication as dependencies of this river, and as equally open to the traffic of all nations. And, as on the river itself, so there shall be collected on these roads, railways and canals only tolls calculated on the cost of construction, maintenance and management, and on the profits due to the promoters. As regards the tariff of these tolls, strangers and the natives of the respective territories shall be treated on a footing of perfect equality. Article 17 There is instituted an International Commission, charged with the execution of the provisions of the present Act of Navigation. The Signatory Powers of this Act, as well as those who may subsequently adhere to it, may always be represented on the said Commission, each by one delegate. But no delegate shall have more than one vote at his disposal, even in the case of his representing several Governments. This delegate will be directly paid by his Government. As for the various agents and employees of the International Commission, their remuneration shall be charged to the amount of the dues collected in conformity with paragraphs 2 and 3 of Article 14. The particulars of the said remuneration, as well as the number, grade and powers of the agents and employees, shall be entered in the returns to be sent yearly to the Governments represented on the International Commission. Article 18 The members of the International Commission, as well as its appointed agents, are invested with the privilege of inviolability in the exercise of their functions. The same guarantee shall apply to the offices and archives of the Commission. Article 19 The International Commission for the Navigation of the Congo shall be constituted as soon as five of the Signatory Powers of the present General Act shall have appointed their delegates. And, pending the constitution of the Commission, the nomination of these delegates shall be notified to the Imperial Government of Germany, which will see to it that the necessary steps are taken to summon the meeting of the Commission. The Commission will at once draw up navigation, river police, pilot and quarantine rules. These rules, as well as the tariffs to be framed by the Commission, shall, before coming into force, be submitted for approval to the Powers represented on the Commission. The Powers interested will have to communicate their views with as little delay as possible. Any infringement of these rules will be checked by the agents of the International Commission wherever it exercises direct authority, and elsewhere by the riverain Power. In the case of an abuse of power, or of an act of injustice, on the part of any agent or employee of the International Commission, the individual who considers himself to be aggrieved in his person or rights may apply to the consular agent of his country. The latter will examine his complaint, and if he finds it prima facie reasonable he will then be entitled to bring it before the Commission. At his instance then, the Commission, represented by at least three of its members, shall, in conjunction with him, inquire into the conduct of its agent or employee. Should the consular agent look upon the decision of the Commission as raising questions of law (objections de droit), he will report on the subject to his Government, which may then have recourse to the Powers represented on the Commission, and invite them to agree as to the instructions to be given to the Commission. Article 20 The International Commission of the Congo, charged in terms of Article 17 with the execution of the present Act of Navigation, shall in particular have power- 1. To decide what works are necessary to assure the navigability of the Congo in accordance with the needs of international trade. On those sections of the river where no Power exercises sovereign rights the International Commission will itself take the necessary measures for assuring the navigability of the river. On those sections of the river held by a Sovereign Power the International Commission will concert its action (sentendra) with the riparian authorities. 2. To fix the pilot tariff and that of the general navigation dues as provided for by paragraphs 2 and 3 of Article 14. The tariffs mentioned in the first paragraph of Article 14 shall be framed by the territorial authorities within the limits prescribed in the said Article. The levying of the various dues shall be seen to by the international or territorial authorities on whose behalf they are established. 3. To administer the revenue arising from the application of the preceding paragraph (2). 4. To superintend the quarantine establishment created in virtue of Article 24. 5. To appoint officials for the general service of navigation, and also its own proper employees. It will be for the territorial authorities to appoint sub-inspectors on sections of the river occupied by a Power, and for the International Commission to do so on the other sections. The riverain Power will notify to the International Commission the appointment of sub-inspectors, and this Power will undertake the payment of their salaries. In the exercise of its functions, as above defined and limited, the International Commission will be independent of the territorial authorities. Article 21 In the accomplishment of its task the International Commission may, if need be, have recourse to the war vessels of the Signatory Powers of this Act, and of those who may in future accede to it, under reserve, however, of the instructions which may be given to the commanders of these vessels by their respective Governments. Article 22 The war vessels of the Signatory Powers of this Act that may enter the Congo are exempt from payment of the navigation dues provided for in paragraph 3 of Article 14; but, unless their intervention has been called for by the International Commission or its agents, in terms of the preceding Article, they shall be liable to the payment of the pilot or harbour dues which may eventually be established. Article 23 With the view of providing for the technical and administrative expenses which it may incur, the International Commission created by Article 17 may, in its own name, negotiate loans to be exclusively guaranteed by the revenues raised by the said Commission. The decisions of the Commission dealing with the conclusion of a loan must be come to by a majority of two-thirds. It is understood that the Governments represented on the Commission shall not in any case be held as assuming any guarantee, or as contracting any engagement or joint liability (solidarità ©) with respect to the said loans, unless under special Conventions concluded by them to this effect. The revenue yielded by the dues specified in paragraph 3 of Article 14 shall bear, as a first charge, the payment of the interest and sinking fund of the said loans, according to agreement with the lenders. Article 24 At the mouth of the Congo there shall be founded, either on the initiative of the riverain Powers, or by the intervention of the International Commission, a quarantine establishment for the control of vessels passing out of as well as into the river. Later on the Powers will decide whether and on what conditions a sanitary control shall be exercised over vessels engaged in the navigation of the river itself. Article 25 The provisions of the present Act of Navigation shall remain in force in time of war. Consequently all nations, whether neutral or belligerent, shall be always free, for the purposes of trade, to navigate the Congo, its branches, affluents and mouths, as well as the territorial waters fronting the embouchure of the river. Traffic will similarly remain free, despite a state of war, on the roads, railways, lakes and canals mentioned in Articles 15 and 16. There will be no exception to this principle, except in so far as concerns the transport of articles intended for a belligerent, and in virtue of the law of nations regarded as contraband of war. All the works and establishments created in pursuance of the present Act, especially the tax collecting offices and their treasuries, as well as the permanent service staff of these establishments, shall enjoy the benefits of neutrality (placà ©s sous le rà ©gime de la neutralità ©), and shall, therefore, be respected and protected by belligerents. CHAPTER V ACT OF NAVIGATION FOR THE NIGER Article 26 The navigation of the Niger, without excepting any of its branches and outlets, is and shall remain entirely free for the merchant ships of all nations equally, whether with cargo or ballast, for the transportation of goods and passengers. It shall be regulated by the provisions of this Act of Navigation, and by the rules to be made in pursuance of this Act. In the exercise of this navigation the subjects and flags of all nations shall be treated, in all circumstances, on a footing of perfect equality, not only for the direct navigation from the open sea to the inland ports of the Niger, and vice versa, but for the great and small coasting trade, and for boat trade on the course of the river. Consequently, on all the course and mouths of the Niger there will be no distinction made between the subjects of the riverain States and those of non-riverain States; and no exclusive privilege of navigation will be conceded to companies, corporations or private persons. These provisions are recognized by the Signatory Powers as forming henceforth a part of international law. Article 27 The navigation of the Niger shall not be subject to any restriction or obligation based merely on the fact of navigation. It shall not be exposed to any obligation in regard to landing-station or depot, or for breaking bulk, or for compulsory entry into port. In all the extent of the Niger the ships and goods in process of transit on the river shall be submitted to no transit dues, whatever their starting place or destination. No maritime or river toll shall be levied based on the sole fact of navigation, nor any tax on goods on board of ships. There shall only be collected taxes or duties which shall be an equivalent for services rendered to navigation itself. The tariff of these taxes or duties shall not warrant any differential treatment. Article 28 The affluents of the Niger shall be in all respects subject to the same rules as the river of which they are tributaries. Article 29 The roads, railways or lateral canals which may be constructed with the special object of obviating the innavigability or correcting the imperfections of the river route on certain sections of the course of the Niger, its affluents, branches and outlets, shall be considered, in their quality of means of communication, as dependencies of this river, and as equally open to the traffic of all nations. And, as on the river itself, so there shall be collected on these roads, railways and canals only tolls calculated on the cost of construction, maintenance and management, and on the profits due to the promoters. As regards the tariff of these tolls, strangers and the natives of the respective territories shall be treated on a footing of perfect equality. Article 30 Great Britain undertakes to apply the principles of freedom of navigation enunciated in Articles 26, 27, 28 and 29 on so much of the waters of the Niger, its affluents, branches and outlets, as are or may be under her sovereignty or protection. The rules which she may establish for the safety and control of navigation shall be drawn up in a way to facilitate, as far as possible, the circulation of merchant ships. It is understood that nothing in these obligations shall be interpreted as hindering Great Britain from making any rules of navigation whatever which shall not be contrary to the spirit of these engagements. Great Britain undertakes to protect foreign merchants and all the trading nationalities on all those portions of the Niger which are or may be under her sovereignty or protection as if they were her own subjects, provided always that such merchants conform to the rules which are or shall be made in virtue of the foregoing. Article 31 France accepts, under the same reservations, and in identical terms, the obligations undertaken in the preceding Articles in respect of so much of the waters of the Niger, its affluents, branches and outlets, as are or may be under her sovereignty or protection. Article 32 Each of the other Signatory Powers binds itself in the same way in case it should ever exercise in the future rights of sovereignty or protection over any portion of the waters of the Niger, its affluents, branches or outlets. Article 33 The arrangements of the present Act of Navigation will remain in force in time of war. Consequently, the navigation of all neutral or belligerent nationals will be in all time free for the usages of commerce on the Niger, its branches, its affluents, its mouths and outlets, as well as on the territorial waters opposite the mouths and outlets of that river. The traffic will remain equally free in spite of a state of war on the roads, railways and canals mentioned in Article 29. There will be an exception to this principle only in that which relates to the transport of articles destined for a belligerent, and considered, in virtue of the law of nations, as articles contraband of war. CHAPTER VI DECLARATION RELATIVE TO THE ESSENTIAL CONDITIONS TO BE OBSERVED IN ORDER THAT NEW OCCUPATIONS ON THE COASTS OF THE AFRICAN CONTINENT MAY BE HELD TO BE EFFECTIVE Article 34 Any Power which henceforth takes possession of a tract of land on the coasts of the African continent outside of its present possessions, or which, being hitherto without such possessions, shall acquire them, as well as the Power which assumes a Protectorate there, shall accompany the respective act with a notification thereof, addressed to the other Signatory Powers of the present Act, in order to enable them, if need be, to make good any claims of their own. Article 35 The Signatory Powers of the present Act recognize the obligation to insure the establishment of authority in the regions occupied by them on the coasts of the African continent sufficient to protect existing rights, and, as the case may be, freedom of trade and of transit under the conditions agreed upon. CHAPTER VII GENERAL DISPOSITIONS Article 36 The Signatory Powers of the present General Act reserve to themselves to introduce into it subsequently, and by common accord, such modifications and improvements as experience may show to be expedient. Article 37 The Powers who have not signed the present General Act shall be free to adhere to its provisions by a separate instrument. The adhesion of each Power shall be notified in diplomatic form to the Government of the German Empire, and by it in turn to all the other signatory or adhering Powers. Such adhesion shall carry with it full acceptance of all the obligations as well as admission to all the advantages stipulated by the present General Act. Article 38 The present General Act shall be ratified with as little delay as possible, the same in no case to exceed a year. It will come into force for each Power from the date of its ratification by that Power. Meanwhile, the Signatory Powers of the present General Act bind themselves not to take any steps contrary to its provisions. Each Power will address its ratification to the Government of the German Empire, by which notice of the fact will be given to all the other Signatory Powers of the present Act. The ratifications of all the Powers will be deposited in the archives of the Government of the German Empire. When all the ratifications shall have been sent in, there will be drawn up a Deposit Act, in the shape of a Protocol, to be signed by the representatives of all the Powers which have taken part in the Conference of Berlin, and of which a certified copy will be sent to each of those Powers. IN TESTIMONY WHEREOF the several plenipotentiaries have signed the present General Act and have affixed thereto their seals. DONE at Berlin, the 26th day of February, 1885. [Signatures included here.]

False Confessions in Mississippi Essay Example | Topics and Well Written Essays - 500 words

False Confessions in Mississippi - Essay Example Mississippi State has numerous records of individual wrongly convicted because of false confession. One of the clear examples is Bobby R. Dixon who suffered a wrongful conviction in Forrest County in 1980 alongside Larry Ruffin and Phillip Bivens. Bobby confessed to charges of rape and murder and later pled guilty in an attempt to avoid the death penalty, but imprisoned for 30 years.   Investigations found that Bobby was innocent and the real perpetrator captured. Bobby left prison in 2010 on grounds of medical parole and later in the same year he died of cancer (Mississippi Innocence Project). Arthur Johnson is another person wrongfully convicted in 1992 in Sunflower County with charges of rape and burglary. The court sentenced Arthur to 16 years imprisonment though DNA tests conducted in 2007 proved him innocent leading to his release in 2008. Further investigations with a DNA profile led to the identification of a man responsible for the crime that led to the conviction of Arthur. Kennedy Brewer is another victim of false confession that led to wrongful conviction 1995 and charged with rape and murder of girlfriend’s daughter. The court sentenced Kennedy to death through lethal injection, but Dthe NA test carried later on evidence gathered from the scene of crime implicated another person. His exoneration came in February 2008 after serving 12 years imprisonment and being the fifth in death row (Mississippi Innocence Project). Police interrogators have also threatened suspects that about receiving heavier charges if they fail to admit and lighter charges if they confess responsibility for a crime that otherwise they are not. False confessions are admissions to criminal offenses and subsequent narrative of how and why the crime occurred by confessors who in reality are not responsible. False confessions are common in judicial systems, but mostly go unnoticed and unrecorded. The difficulty in noticing false confessions relates to the tendency of police not to keep records of such occurrences, which makes it difficult for researchers and criminal analysts to study their underlying characteristics (Mississippi Innocence Project).

Music Essay Example | Topics and Well Written Essays - 500 words - 22

Music - Essay Example Arguably, no word can exactly explain the performance that was in waiting. The performers as well were of middle age which added more ecstasy and cheer in the environment. The first exhibit by the Fry Street was string quartet No. 6 composed by Felix Mendelssohn in the F minor. The initial combination of the instruments used depicted masterly, technical ability and prowess to crack musical chords and laying curls with music notes. In terms of rhythm, the different instruments combined in a regular rhythmic pattern while the beat was steadily and evenly maintained. The slow movement in the Allegro Vivace assai in the piece successfully outlined music conjunct as a major element vivid in the piece. Harmony was also evident which particularly came out clearly in the sad section of the writing. The second exhibit by the Fry Street quartet was the string quartet No. 5 composed in a minor by Danish Ludwig Beethoven. The major inclusion in the piece involves the exceptional performance of Molto Adagio (Schweitzer n.p). It was a chance to present some self-conscious display of more refined moments. The movements were quite intriguing triggering the curiosity and much attention of the majority of the audience. The notes were combined alternatively rising high at the beginning while reducing significantly as the lines ended. In addition, a steady beat was maintained throughout and conjunct was highly outlined. The two performance sets were similar in various ways particularly in rhythmic and harmonic application. The performance was successful in delivering the various music elements like music conjunct, harmony and themes congruence. It is vivid that a steady beat and a regular rhythmic pattern was maintained in both pieces and notes exquisitely placed. In addition, constant harmonies and discords were applied in both pieces. However,

Existence of God Essay -- Literary Analysis, Suma Theologica

In the â€Å"Suma Theologica,† by Saint Thomas Aquinas, Aquinas combines the doctrines of Christianity with Aristotelian philosophy, through the assertion that as a result of observation, utilization of the senses, and an empirical mindset, one can substantiate the existence of God. Aquinas holds the conception that in the quest for God’s existence, philosophy and theology are interwoven together and both play complementary roles. He infuses numerous theological doctrines, mainly from Saint Augustine, alongside Aristotelian ideals such as, the first mover, to corroborate his argument for the existence of God. Instead of basing his argument on human reason and rationality like his predecessor, Saint Anselm of Canterbury, Aquinas holds that it is instead through an empirical mindset that one is able to ascertain and comprehend the existence of God. Aquinas deems that all knowledge acquired originated from the experiences of our senses. He believes that by experiencing eve nts, the human being is aware of the fact that there exists an effect for every action that is undergone. Through this realization, Aquinas recognizes that there must exist a cause that triggered that event into existence, culminating in the conclusion that everything in existence must be characterized by a cause. This argument presented defines the cosmological argument, a belief that there is a first cause, which is God, who is seen as the source of the cosmos that sets in motion a cycle of cause and effect. To prove this argument, Aquinas presents five different variants, each with subtle distinctions that display two reoccurring themes, the importance of sense experience and the notion of causality, to prove the existence of God. In Aquinas’s first argument, he lin... ... cause and effect stopped at the Big Bang, as it does to claim it stopped at God. The Big Bang Theory, which has no previous cause, could have easily prompted the chain of cause and effect. Why must we presume the world to have a beginning and claim that the cosmos could not have been a cause of itself? Since Aquinas, at the time, does not fully understand the workings of the Universe, his claim that the infinite regression arbitrarily stopped at God, is misleading, since the regression could have stopped as the universe itself prompted the chain of cause and effect. I wholeheartedly agree that Aquinas’ cosmological argument proves the existence of an â€Å"uncaused cause,† however I believe that it fails in acknowledging other means of creation and holds no validation that the first cause attributes the characteristics of the God of Islam, Christianity, and Judaism.

Tourist Satisfaction Towards Tourist Facilities

Tourism sector has become the third largest source of income from foreign exchange in Malaysia and Melaka is one of the most significant tourism destinations in Malaysia. Tourism sector has helped Malaysia in many ways. Some of the positive sides are that it helps to increase Malaysian quality of life, and promote Malaysia as a fine and save country to visit. As a world class tourism destination nominated by UNESCO in 2008, Melaka has served many tourists throughout the world. Since 2008, many of the study done were focused on heritage conservation and culture appreciation. A study of service quality is important in order to learn on tourists’ satisfaction towards tourists’ facilities. In tourism management, tourists’ facilities are essential to gain tourists’ loyalty, trust and satisfaction. Based on the survey and evaluation, the basis for recommendation and improvements can be allocated for upgrading the physical plan. This research therefore focuses on international tourists’ satisfaction on tourists’ facilities and Melaka has been chosen as the case study. This research’s objectives is (a) to identify tourism facilities needed by the tourist in Dutch Heritage Trail, Melaka. (b) to determine tourists satisfaction levels on tourism facilities. (c) to identify the issues related to tourism facilities. (d) to recommend possible improvements to improve the tourism facilities. This research analysed the current tourists’ satisfaction towards tourists’ facilities in Melaka Heritage Sites. To do so, 100 sets of questionnaire were distributed among the international tourist in Melaka who has experience tourists’ facilities for the purpose of data collection. The data collected were further analysed by carry out Relative Important Index (RII) and spearman test. The results shows that tourists were unsatisfied in certain tourists’ facilities existed despite the fact that Melaka Heritage Sites is the one of the significant tourism destinations in Malaysia. Besides, the results also revealed that there is significant relationship between some of the respondents groups and satisfaction level of tourists’ facilities. Some of the issues identified in this research were cleanliness, pedestrians, quality of information given to tourists and money changes or ATM machines are taken into consideration. Therefore, several suggestions and recommendations were formulated to enhance the existing service quality of tourists’ facilities based on the respondents’ feedback.