Examining a Witness; Memory Refreshing - Free Essay Example

à ¢Ã¢â€š ¬Ã…“The rules relating to refreshing memory allow a witness, who has forgotten everything about an incident, to still provide testimony. To that extent it subverts the purpose of examining a witness as it means they cannot be properly questioned about their recollection since they are testifying about what they are reading and not what they rememberà ¢Ã¢â€š ¬Ã‚ . To what extent do you agree with this statement? Introduction The general rule is that witnesses are not permitted to give oral evidence by reading out written statements that were prepared at an earlier time.[1] However, a witness may be permitted to refresh his/her memory from a document whilst testifying, particularly if his/her memory of an event is poor.[2] This essay considers whether the rules relating to refreshing memory subvert the purpose of examining a witness. The essay starts by considering the common law and statutory rules relating to the refreshment of memory. Finally, the essay considers whether the rules relating to the refreshment of memory subvert the very purpose of examining a witness. The rules relating to refreshing memory The law allows for witnesses to refresh their memories if they become forgetful. Such law is a combination of common law and statute. The common law makes a broad distinction between refreshing memory out of court and in court. At common law, a witness may refresh his/her memories from documents out of court before testifying.[3] Indeed, it is common practice for a witness to be shown his/her statement before giving evidence. It is courtesy to also inform the other side that this has happened. However, refreshing memory out of court must not represent an opportunity for witnesses to compare their statements or get their heads together to decide what to say[4] or to discuss the evidence they may give eve n if this takes place under the guise of a case conference by the police.[5] In Da Silva,[6] the Court of Appeal held that a judge has discretion to decide whether to allow a witness to refresh his/her memory out of court after commencing his/her testimony, provided that certain conditions were satisfied. However, in South Ribble Magistrate Ex. p. Cochcrane,[7] the court held that the conditions were not prerequisites to be fulfilled. In G. (Joel) (a Juvenile) (No. 1),[8] Henry, L.J. stressed that there were no fixed or immutable rules which must be followed before a witness may refresh his/her memory from an earlier document. This process has now been simplified by section 139 of the Criminal Justice Act 2003 (à ¢Ã¢â€š ¬Ã…“CJA 2003à ¢Ã¢â€š ¬Ã‚ ), considered below, which merely requires any document to have been made at an earlier time rather than contemporaneously. At common law, a witness may refresh his/her memory in court from a document, provided that the document wa s made contemporaneously with the events in question, and was made or verified by the witness.[9] This does not mean that the document must have been made simultaneously with the event(s) at the first subsequent opportunity. For the purpose of the rule, it is sufficient, à ¢Ã¢â€š ¬Ã…“if the writing was made or verified at a time when the facts were still fresh in the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s memory.à ¢Ã¢â€š ¬Ã‚ [10] The common sense principle underlying the common law rule for refreshing memory whilst testifying from a statement in a document is that the quality of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence is likely to be improved if the witness is allowed to use a statement made near the time as an aide-mÃÆ' ©moire. The same principle underlines section 139(1) of the CJA 2003, which sets out a different rule for refreshing memory. In criminal proceedings, the common law rule has not been repealed, but has in effect been replaced, and relaxed, by section 139(1) of the CJA 2003. Section 139(1) drops the common law requirement that the statement should be contemporaneous with the matters it deals with. It provides that a witness giving oral evidence in criminal proceedings about any matter may at any stage refresh his/her memory from a document made or verified by him/her at an earlier time if two conditions are satisfied. The witness must state in his/her oral evidence that the document records his/her recollection of the matter at the earlier time, and that his/her recollection of the matter is likely to have been significantly better at that time than it is at the time of his/her oral evidence. Section 139(2) has also supplemented the common law rule by providing for the refreshing of memory from a transcript of a sound recording. Under both the common law and section 139(1), the evidence is the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s oral testimony, not the document used to refresh. Where the use of the document does not in fact revive a hazy or forgotten m emory, there is no artificiality involved in maintaining this position. However, the common law doctrine of refreshing memory also extends to the case where the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s memory of the event does not revive, but the witness is prepared to testify to it on the basis that the contemporaneous record is accurate.[11] The doctrine of refreshing memory operates as a benevolent fiction in type of cases such as Maugham v Habbard.[12] The court in effect permits the witness to give reliable hearsay evidence, on the basis that the witness is prepared to vouch for the accuracy of the contemporaneous record. It is consistent with this function that the common law requires a document used in this type of case to refresh memory to be original.[13] In other cases, the witness may revive memory from any contemporaneous document made or verified by him/her. Section 120 of the CJA 2003 contains a useful provision to take account of this point about the hearsay use of documents whe re the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s memory is not in fact refreshed by reference to the document. This eliminates some of the need to rely on the fiction just described. Section 120 creates a new rule of admissibility of statements of past recollection recorded. This applies only to statement made by the witness, not to statement verified by him/her. When the statutory provision applies the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s statement will be the oral testimony plus the earlier hearsay statement. However, section 120 is not without interpretative difficulty as it omits to spell out in exactly what circumstances documents employed to refresh memory will become admissible as evidence of matters stated, either when the attempt to refresh the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ memory is unsuccessful or where portions of the document are not used for that purpose.[14] Do the rules relating to refreshing memory subvert the purpose of examining a witness? The purpose examination-in-chief is to elicit f rom the witness facts that support that partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s case.[15] Cross-examining the witness provides the accused with an opportunity to confront the evidence against them. Its purpose is to elicit facts that are favourable to the cross-examiner and to test the veracity of, or discredit, the witness.[16] Re-examining re-establishes the credibility of the witness if this was shaken by the cross-examination.[17] Thus, examination of a witness enables the trier of facts to ascertain the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge as to the facts in dispute between parties. Its major purpose is to discover the truth about the event in question. It has been argued that cross-examination is not a means of getting to the truth.[18] However, such criticisms must be placed alongside the importance of putting the defence version of events to witnesses and to the court.[19] Cross- examining a witness is within the notion of a fair trial by which the accused has a right to examine, or to hav e examined, witnesses who are used to against them.[20] The assumption of examining a witness is that by observing and listening to a witness, the trier of facts is more able to assess the weight to be attached to the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence than by reading from a document.[21] Thus, when examined in chief, the witness would generally be expected to answer the questions from memory without the benefit of any written statements. However, à ¢Ã¢â€š ¬Ã…“it would be unrealistic to expect the witness to recall every detail of the event with precision without assistance.à ¢Ã¢â€š ¬Ã‚ [22] Originally, the common law tended to regard giving evidence as a memory test and frowned on the idea that a witness should be able to refresh his/her memory from his/her earlier statement.[23] Given that it may be many months between the incident and trial and the fact that witnesses such as police officers gave evidence in many different cases, such an approach made no sense and the co mmon law retreated from it during the second part of the last century.[24] The rationale for permitting reading a statement before testifying is that, if refreshing the memory were prohibited, testimony in the witness box would have become little more than a test of memory rather than of truthfulness. It would have been impossible to police and this would have created difficulties for honest witness but do little to hamper dishonest witnesses.[25] In Richardson,[26] Sachs L.J. approved some concise comments of the Supreme Court of Hong Kong that à ¢Ã¢â€š ¬Ã…“Testimony in the witness box becomes more of a test of memory than truthfulness if witnesses are deprived of the opportunity of checking their recollection beforehand by reference to statements or notes made at a time closer to the events in question.à ¢Ã¢â€š ¬Ã‚ [27] Thus, the willingness of the courts to permit refreshment of memory out of court is understandable. However, Choo argues that there is a danger for the pra ctice in this area to become too unregulated.[28] He suggests for the need to introduce a Code of Practice that would govern practices and procedures in the area. Contemporaneous notes made by a witness are likely to be fuller and more accurate than his/her memory at a trial many months after the event. Moreover, contemporaneous notes, if referred to, may help to stimulate the memory to recall further facts not contained in the notes which would not otherwise have been recalled. However, there may be dangers involved. The notes may create a spurious impression of a vivid recollection.[29] Inaccuracies in perception and memory may become crystallised. The witness may believe s/he remembers the incident but in truth only remembers his/her record of it.[30] The testimony of an untruthful witness may be given an enhanced credibility and s/he may be able to tailor his/her evidence to fit in with his/her notes.[31] Of course, in certain circumstances, it should be possible for a per son to refresh their memory of events. The difficulty is that it is more often used by professional witnesses who are generally not the ones who are most problematic. This practice was commonly used by police officers who produced and read from their notebooks, which contain the information about the incidents that they wrote down at the time. The problem is that notebooks and other such documents are hearsay and not admissible as evidence in their own right. This bizarre process attempts to avoid the consequences of the hearsay rule more than an aid to recollection.[32] This is particular in cases where the document does not stimulate the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s present recollection at all but where the witness accepts that his/her past recollection must have been as recorded in the document.[33] However, in civil proceedings, these contortions are unnecessary as the notes would be admissible evidence under the Civil Evidence Act 1995. In criminal proceedings, this is now gov erned by section 139 of the CJA 2003. However, this provision does not replace the common law. Rather, it affects the conditions that have to be met before the witness can use the document as an aide-memoire whilst testifying. The common law requirement of contemporaneity was not strict but, despite its justifications, it has been jettisoned by section 139 which merely requires that the statement was made or verified at an earlier time. Thus, the police officer who observes an incident and a short time later in the station writes up the observations in a notebook will always be allowed to refer to them. The rules relating to refreshing memory may not necessarily subvert the purpose of examining a witness because the primacy of oral testimony and the principle of confronting oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s accusers have both been chipped away in recent years. In civil proceedings, there is less emphasis on oral testimony as only those matters in dispute need to be proved. There is greater reliance on documentary evidence and hearsay evidence has become generally admissible so that the witness does not need to be present in court unless required to be there for cross-examination. Further, even where the witness is in court, a witness statement can be adopted as his/her evidence in chief.[34] In criminal proceedings, there are more circumstances where written statements or recordings can be admissible as evidence.[35] Conclusion Given the difficulty often experienced by witnesses in recollecting the events to which their evidence relates, the common law evolved to allow a witness to refresh his/her memory from a document made or verified by him/her at an earlier time. The common law rules have been supplemented and, in part, superseded by the section 139 of the CJA 2003.The rules relating to refreshing memory does not subvert the purpose of examining a witness. The process of testifying should not be treated as a test of memory but a process designed to test the honesty and reliability of a witness. Nonetheless, the scope of use of the rules relating to memory refreshing has diminished by the reason of the growth in the categories of admissible hearsay and the introduction of rules permitting a witness statement to stand as a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence-in-chief unless the court orders otherwise. 1 [1] G. Durtson, Evidence: Text and Materials (OUP 2008) 292 [2] Ibid 293 [3] Richardson [1973] 2 Q.B. 484 [4] Ibid [5] Skinner (1994) 99 Cr. App. R. 212 [6] [1990] 1 ALL ER 29 [7] [1996] 2 Cr. App. R. 544 [8] [2002] EWCA Crim. 01 [9] A. Keane, J. Griffiths and P. McKeown, The Modern Law of Evidence (8th edn, OUP 2010) 163 [10] Attorney-Generalà ¢Ã¢â€š ¬Ã¢â€ž ¢s Reference (No. 3 of 1979) (1979) 69 Cr. App. R. 411, 414; see also Simmonds [1969] 1 Q.B. 685 [11] See Maugham v Habbard (1828) 8 B C. 14; Topham v McGregor (1844) 1 Car. Kir. 320 [12] (1828) 8 B C. 14 [13] Doe d Church and Phillips v Perkins (1790) 3 Term Rep. 749; Harvey (1869) 11 Cox C.C. 546 [14] R. Munday, à ¢Ã¢â€š ¬Ã…“Refreshing Memory: Previous Statements that fails to Revive Witnessesà ¢Ã¢â€š ¬Ã‚  (2012) 176 JPN 213; P. Mirfield, à ¢Ã¢â€š ¬Ã…“Evidential Memory, Forgetfulness and Identificationà ¢Ã¢â€š ¬Ã‚  (2013) 129 LQR 157 [15] J. Linda and M. Ramjohn, Unloc king Evidence (Hodder Education 2009) 134 [16] Ibid [17] Ibid [18] See J. Spencer and J. Flin, The Evidence of Children: The Law and Psychology (2nd edn, Blackstones 1993) 278-79 [19] S. Uglow, Evidence: Text and Materials (2nd edn, Sweet Maxwell 2006) 472 [20] See European Convention on Human Rights, Art. 6(3)(d) [21] Uglow, Evidence: Text and Materials (n. 19) 437 [22] Linda and Ramjohn, Unlocking Evidence (n. 15 ) 135 [23] P. Huxley, Evidence: The Fundamentals (2nd edn, Sweet Maxwell 2010) 56-57 [24] Keane, Griffiths and McKeown, The Modern Law of Evidence (n. 9) 163; P. Murphy, Murphy on Evidence (11th edn, OUP 2009) 571 [25] Linda and Ramjohn, Unlocking Evidence (n. 15) 140 [26] [1971] 2 Q.B. 484 [27] Lau Pak v R [1966] Crim. L.R. 443 [28] A. Choo, Evidence (3rd edn, OUP 2012) 76 [29] M. Newark and A. Samuels, à ¢Ã¢â€š ¬Ã…“Refreshing Memoryà ¢Ã¢â€š ¬Ã‚  (1978) Crim. L.R. 408 [30] Ibid [31] Ibid [32] Uglow, Evidence: Text and Materials (n. 19) 443 [33] See Maugham v Habbard (1828) 8 B C. 14; Topham v McGregor (1844) 1 Car. Kir. 320; Kelsey (1982) 74 Cr. App. 213 [34] See Civil Evidence Act 1995, s. 6 [35] See, for example, Criminal Justice Act 1967, s. 9 and 10; CJA 2003, ss. 116 and 117

Biology Science Fair Project Ideas

Science fair projects give you the opportunity to experience science and biology through hands-on activities. In order to ensure that you have a great biology project, it is important that you first understand biology and the scientific method. Simply put, biology is the study of life. Life is all around us which means that there are enormous possibilities when considering a biology science project. We use the scientific method as a means of studying science and biology. Scientific inquiry starts with an observation followed by the formulation of a question about what has been observed. Then comes designing a scientific experiment to answer the question posed. How to Find Science Project Ideas JGI / Jamie Grill / Getty Images So where do you get ideas for biology science fair projects? The answer is from almost anywhere. The key is to start with a question that you would like to find an answer to and use the scientific method  to help you answer it. When choosing a science fair project topic, make sure that you select a topic that you are interested in. Then narrow this topic down to a specific question. Below you will find science fair project ideas primarily related to biology. Remember that these samples are meant to give direction and ideas. It is important that you do the work yourself and not just copy the material. Also, be sure that you know all of the rules and regulations for your particular science fair before you begin your project. Plant Project Ideas Some soil bacteria stimulate brain neuron growth and increase learning capacity. JW LTD/Taxi/Getty Images Plants are important to life as we know it. They provide everything from food, clothing, and shelter to medicine and fuel. Plant projects are popular because plants are abundant, inexpensive, and relatively easy to study during experimentation. These experiments allow you to learn about plant processes and environmental factors that impact plant life. Plant-based science projects: Find more than 20 ideas for science fair projects involving plants.Soil chemistry: Learn about soil chemistry with these example projects about plant science and the chemical composition of soil.Popcorn studies: Enjoy these fun, easy, and interesting experiments with popcorn. Human Body Project Ideas Illustration of the arterial system in the human body, shown in a standing figure. Note the feathery network of blood vessels in the left and right lungs (next to the heart). Arteries are the blood vessels that carry oxygen-rich blood to the bodys tissues. JOHN BAVOSI/Science Photo Library/Getty Images If you have ever wondered how the body works or about all the biological processes that keep the body functioning, then you should consider a science project on the human body. These projects allow you to gain a better knowledge of how the body functions and also provide insight into human behavior. Human body projects: If your interest is in biological processes and human behavior, this resource has several ideas for projects on the human body, including the study of the effects of music, temperature, and video games on mood.Kids neuroscience experiments: This is a nice collection of experiments relating to neuroscience. It includes projects dealing with reflexes, the nervous system, biological rhythms, and more.Human hair projects: Find several ideas for doing projects about hair. Topics include hair growth rates and hair loss management. Animal Project Ideas Fernando Trabanco Fotografà ­a/Moment/Getty Image Animal science projects allow us to understand various aspects of animal life. They provide information about animal anatomy, behavior, and even provide insight into human biological processes. Before deciding to do an animal project, be sure that you get permission and avoid animal cruelty. Some science fairs do not allow animal experiments, while others have strict regulations for animal usage. Animal projects: Find great ideas for projects involving insects, birds, amphibians, fish, and mammals. Discover how light, pollution, and magnetic fields affect animals. Researching Your Science Project Ideas Catherine Ledner / The Image Bank/ Getty Images After you have come up with an idea and topic for your science project, you must research your topic. Research involves finding out everything you can about the scientific principles involved with your project idea. There are several resources available for researching your science fair project. Some of these include your local library, science books and magazines, internet science news sources, and teachers or educators. The most helpful thing that you can do when researching for your project is to take excellent notes. Record references for the books and other materials you have used in your research.Take notes on simple experiments on which to base your experiment.  Keep notes on diagrams used in similar experiments.  Record observations from other experiments.Keep notes on samples of logs and other means for collecting data.  Make lists of materials that you might want to order and their suppliers. It is important that keep track of all the resources used in your research as these source materials will be required for listing in the bibliography for your science fair project report.

Should The New Laws Be Abolished - 901 Words

Even though every type of discrimination can’t be eliminated, there are certain factors that are unavoidable and should be stopped. Discrimination is still something that is common in the U.S. Those with criminal records have a much harder time finding a decent job because companies look at the application and instantly throw it out because of their criminal past. Most companies also don’t have any kind of parental leave for new parents. That leads to them having to making the hard choice of leaving their new born away from their mother. Another option is leaving their job with an unpaid leave that hopefully won’t lead to financial problems. People are constantly being turned away from a job because of race, child care, previous incarceration, and many more things that are unavoidable. New laws need to be implemented to keep up with the changes in today’s society. I am writing about this because I find it terrible that someone might be starving out in the streets with no job owing to the fact that someone just did not like them. This is something that we have hear of since our youth. I have never truly seen it, but reading about it in The Working Poor made me realize that it might happen to me in the future because of where I come from. I am a minority that grew up with a low income household. I do not want to be discriminated against in the future when I try to get a good career. I will argue that it is necessary for people to stop the discrimination of people who hadShow MoreRelatedThe Origin of the Doctrine775 Words   |  4 Pagesdoes, in some cases, cause parties to experience injustice, sometimes something that the courts fail to resolve, consideration is a crucial element to the formation of a legally binding contract. This paper will not only explain why the High Court should not abolish the requirement for consideration but will also highlight its usefulness in contract formation. Origin of the Doctrine of Consideration The origin of the doctrine of consideration can trace its roots back to the 16th century when itRead MoreEssay on Capital Punishment in America1180 Words   |  5 Pagessociety. The basic issue is whether capital punishment should be allowed as it is today, or abolished in part or in whole. My argument is that: 1) Capital punishment is not an effective deterrent for heinous crimes. 2) Life imprisonment can be worse of a punishment than death, not as costly as execution, and better for rehabilitation. 3) The innocent can be wrongly put to death. Conclusion: Capital punishment should be abolished. Though capital punishment might seem like the onlyRead MoreCapital Punishment1186 Words   |  5 Pagessociety. 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Labor Crunch of Construction Sector in Singapore

Question: Develop a research proposal (it may be real or hypothetical) which would satisfy the requirements of the MBA Project. It should therefore address a practical problem which organizations face. Answer: Literature Review Historical Overview During late 50s, construction industry in Singapore experienced both structural and systemic problem like present developing countries. In the post-independence period, construction industry is booming nature strengthens overall numbers of the economy. However, by the end of 1984, the construction industry became saturated. This has resulted into recession of 1985 (Eresources.nlb.gov.sg 2014). Construction industry is a major sector that plays key role in national and economic development. This sector is highly labor-intensive in nature, this indicates that construction firms require more labor relative to capital. Labors are required to operate the tools and machineries for the construction purpose. This sector engaged 114,500 workers during 2003 that were significantly lower than 200,000 in 1999 (Stjobs.sg 2012). The GDP of this country declines due to fall in employment. The unemployment rate in 2003 was highest in this country and most of the unemployment has been found in the co nstruction and manufacturing sector. In 2014, the employment rate has fallen by 0.5% between first half of the year. This has led to drop in production by 0.4% during the same time (TODAYonline 2015). The manpower crunch in the construction sector has been leading to closure of the firms. The winding up of the construction firms started since 2007. In 2013, the 27 firms and in 2014, 51 firms filed application for liquidation (Heng 2015). The following diagram represents how decline in the labor caused fall in productivity. Source: Todayonline.com 2015 Research Theory The theory of general demand and supply can be used in the context of labor crunch in Singapore. It is interesting to note that, there are sufficient numbers of jobs but there is no one to take that opportunity. The following diagram can represent this. Source: Created by Author At the prevailing wage rate, the workers are not willing join the construction sector, as a result of this the demand for labors in the construction market is less that supply for construction labor. This has generated shortage of labor in this industry. Theoretically, the shortage of supply will be eliminated by providing higher wage. However, here the market fails to increase the labor supply as the supply curve for the construction industry is highly inelastic. The review of the past and current performance of this industry in Singapore also supports that Okuns law, which states that one percentage rise in unemployment causes fall in the production by two percent. This theory is evident in the case of Singaporean construction industry (Kim, Park and Jei 2015). This is because; lack of labor engagement in this sector is leading to closure of the firms that adversely affecting the economic growth of the country. The relationship between unemployment and output level is thus negatively related. The following diagram can represent this. Source: Created by Author Common Problems Faced By Construction Industry There are various challenges that are faced by the construction industries in Singapore. Labor crunch in Singapore leads to deficit in labors in the construction industries. Singapore being a developing country, the people of Singapore get proper education than their ancestors. These educated people prefer to do white collar jobs (Hwang et al. 2014). They do not want to get perform any labor class work and subject themselves to physical exhaustion. This had led to decrease in number of labors in the construction industry of Singapore. Construction sector used to recruit labors from the foreign market and relied significantly on the supply of foreign labors. However, due to tighter foreign labor policy regarding hiring foreign workers, companies are limited to get necessary labors from the foreign market. Labors of construction industry get less payment than the people who do white collar jobs. The payment criteria attracts more youths into better jobs than the jobs of labor in construction industry. Moreover, there are various dangers being a labor in the construction industry. The labors of the construction industry in Singapore had to work in various dangerous situations (Hwang et al. 2014). They have to work in unhealthy situations and they risk their lives to do their work. The labors of construction industry face various physical damages, which sometimes cost their lives. This had been a serious fear among the youths of Singapore and they do not want to risk their lives and work in unhealthy situations in Singapore. Another disadvantage that the youths of Singapore face in construction industry is the political influence and the presence of union. These influences land them into various troubles and can destroy their career as well (Ofori and Toor 2012). They do not want to fall into trouble and instead live a peaceful, happy and comfortable life. Thus, these disadvantages of the position of labor in construction industry in Singapore, do not encourage the youths to get a job in this industry. This leads to lack of efficient labors in the construction industry of Singapore. Research Methods Adopted by Other Researchers There has been few literature has been found that has conducted studies regarding the labor crunch in the construction sector of Singapore. However, within the limited research papers, it has been found that to measure the decline of labors and its impact on the productivity, quantitative research has been conducted (Yi and Chan 2013). By looking at the correlation coefficient, it has been evident that the relationship negative. However, to be sure about the significance of their association, the studies have conducted regression analysis. The shortage of labor has been obtained through personal interrogation with the higher authority of the respective firms (Tan 2015). In addition to this, productivity can be obtained in the annual reports of the respective companies. Hence, researches are mostly conducted based on both primary and secondary data. Previous research philosophy follows positivism as they relied on the fact and the figures obtained, rather than any subjective human foc uses. The research approaches of the studies are exploratory in nature, as they are not postulating any theory at the end of the research (Panneerselvam 2014). The research designs of the other researchers are mostly inductive in nature, as they focuses on answering the questions like how construction industry is affected due to labor crunch; what are the reasons for labor crunch in this industry; how much foreign labors are engaged in this industry and so on. However, some of the articles are also deductive as they tested hypothesis like: there is no significant relationship between labor engagement and productivity. Recommendations From the literature review, it can be concluded that labor crunch in the construction sector has mostly caused due to youths interest in the white-collar jobs rather than work that is physically strenuous, like the one in the construction sector. They are becoming highly educated due to the higher standards of education level. Moreover, the remaining workers are unskilled to join the construction sector. Hence, it is recommended that, the low skilled workers should be given proper training so that they can get a job in the concerned sector (Finkel 2015). It is also recommended to increase the wage rate potentially in order to attract the labor force to join this sector. Another thing that can be suggested is that, policy that tightened the foreign labor engagement should be relaxed to a certain level to increase migration in the construction sector. References Eresources.nlb.gov.sg. (2014). Singapore experiences its first post-independence recession - Singapore History. [online] Available at: https://eresources.nlb.gov.sg/history/events/9f9489cf-5432-4797-bf66-fd1b3bab7a2b [Accessed 15 Jul. 2016]. Finkel, G., 2015.The economics of the construction industry. Routledge. Heng, J. (2015). More construction firms join winding-up list. [online] The Straits Times. Available at: https://www.straitstimes.com/singapore/manpower/more-construction-firms-join-winding-up-list [Accessed 15 Jul. 2016]. Hwang, B.G., Zhao, X. and Goh, K.J., 2014. Investigating the client-related rework in building projects: The case of Singapore.International Journal of Project Management,32(4), pp.698-708. Hwang, B.G., Zhao, X. and Toh, L.P., 2014. Risk management in small construction projects in Singapore: status, barriers and impact.International Journal of Project Management,32(1), pp.116-124. Kim, M.J., Park, S.Y. and Jei, S.Y., 2015. An empirical test for Okuns law using a smooth time-varying parameter approach: evidence from East Asian countries.Applied Economics Letters,22(10), pp.788-795. Ofori, G. and Toor, S.U.R., 2012. Leadership and Construction Industry Development in Developing Countries.Journal of Construction in Developing Countries,17. Panneerselvam, R., 2014.Research methodology. PHI Learning Pvt. Ltd. Stjobs.sg. (2012). Tackling Singapore's labour crunch, HR Updates, Singapore Jobs, Job Resources - STJobs. [online] Available at: https://www.stjobs.sg/career-resources/hr-updates/tackling-singapores-labour-crunch/a/85874 [Accessed 15 Jul. 2016]. Tan, W., 2015. Knowledge management in the construction industry: The strategy of Singapore.International Journal of Construction Management,15(1), pp.10-16. Todayonline.com. (2015). Productivity stuck in reverse amid labour crunch. [online] Available at: https://www.todayonline.com/singapore/productivity-stuck-reverse-amid-labour-crunch [Accessed 15 Jul. 2016]. Yi, W. and Chan, A. (2013). Critical Review of Labor Productivity Research in Construction Journals. Journal of Management in Engineering.

Macbeth Character Essays (1253 words) - Characters In Macbeth

Macbeth Character "This dead butcher and his fiend like queen", is the way in which Malcolm describes Macbeth and Lady Macbeth. Describe the way in which these two characters changed during the course of the play. At the beginning of the play Macbeth is seen as a courageous soldier who is loyal to the King but is corrupted from the witches prophecies and by his and Lady Macbeth's ambition. This is because of the weakness of Macbeth's character and the strong power of Lady Macbeth and how she is easily able to influence him. Her strength motivates him at the start but after he realises what he has done it is himself that continues in his murderous, bloody path. At the beginning of the play Lady Macbeth appears as a kind wife of Macbeth's but underneath lies a scheming and treacherous woman. In the beginning of the play Macbeth is a strong soldier who fights for the King without mercy but his strive for ambition and his curious nature leads him to the witches who give him a prophecy. Banquo realises that there must be a trick hidden in the witches prophecies somewhere but Macbeth refuses to accept that, and when Lady Macbeth finds out about the witches her strong desire for ambition and her cold nature leads Macbeth astray. Macbeth is a little ambitious at first, but Lady Macbeth's far exceeds his and so she is able to get Macbeth to agree with her to kill King Duncan. Macbeth still has a conscience at this stage because he is very hesitant about killing the King but his weak nature over comes him. He has a conscience throughout the entire play as this is seen by the hallucinations of the dagger and the ghost of Banquo and his vivid imagination and his constant worry also provokes him. This is also evident in his terrible dreams which gives the solid theme that he has indeed "murdered sleep". Throughout the play we see the character of Macbeth change not from just the way he thinks and what we hear from the play, but from the actions he takes in the play, from killing Banquo, then having Lady Macduff and her children murdered, shows the insecurity that was present in Macbeth. After the murder of Duncan Macbeth becomes paranoid and his first step of killing the guards is one of many that Macbeth takes to secure himself. Macbeth is also very superstitious and this is shown when he believes the prophecy the witches told him that Banquo's offspring would become Kings. Towards the end of the play when Macbeth's wife has died and the battle is drawing closer Macbeth shows some good which may have been. He wishes for a normal life for which he would have lived to an honourable age but he recognises that he has denied himself of this. Even when Macbeth hears that the prophecy has become true of Birnam Wood coming to Dunsinane, he rejects this idea and fights on until he realises that Macduff wasn't born in a natural birth but instead was "Untimely ripped" from his mother's womb. When Macbeth hears of this he realises what he has done and how he has been tricked by the witches but instead he realises that it is useless and so he fights on only to be slain. Macbeth can be summarised into a character although strong physically he is very weak mentally and it is this weakness which causes the downfall and change of Macbeth. Other factors do however also contribute to this change such as his wife whose ambition is very strong at first and is much more stronger mentally than Macbeth but it is also Macbeth's ambition and his trust in the witches which ultimately change him. Lady Macbeth seems to be almost opposite compared to that of Macbeth in physical and mental power. Lady Macbeth is the person who is able to persuade Macbeth into killing Duncan, assuring Macbeth that it will succeed, as Lady Macbeth's ambition is far greater than that of Macbeth. This change in the character of Lady Macbeth is apparent after she reads the letter from Macbeth as she goes and talks to the evil spirits to make herself evil with lines such as "Fill me from the crown to the toe-top full of direst cruelty! Make thick my blood". She goes to the extent of planning the murder of Duncan and assumes full responsibility of this. She exerts a lot of power over Macbeth in this

Benefits of Yoga Essays

Benefits of Yoga Essays Benefits of Yoga Essay Benefits of Yoga Essay In our modern society, yoga seems like a new trend, but it actually began more than three thousand years ago in India. The word â€Å"yoga† is Sanskrit means to yoke, or unite, the mind, body, and spirit. Although yoga includes physical exercise, it is also is a way of life for which exercise is just one element. The main components of yoga are based on training your mind, body, and breathing, as well as connecting with your spirituality. Within the last few centuries, innovations and urbanizations of our society have strongly influenced the way we live. We strongly strive for that comfortable way of life, consisting of a balanced diet and a steady income. The way we eat to the way we find relaxation is much different from those of ancient times. Our food expectations have become increasingly high, resulting in bad health including high blood pressure, diabetes, and obesity. To make our society a better one and lessen these problems, yoga is the perfect solution. Yoga is for everyone, including you. You can begin your practice at any age, in any physical condition or in any place where you can take a deep breath (Khalsa amp; Seibel 1). You should do yoga twice a week because it improves your weight control, expands your physical endurance, and enhances your sex life. Yoga improves your weight control. There have been many studies to determine whether yoga increases mindful eating and leads to less weight which stimulates weight loss. In one yoga study conducted by Alan Kristal and colleagues, they tested over fifteen thousand men and women in their mid-fifties. Out of those who had been normal weight at age forty-five, only one hundred of them had practiced yoga for four or more years at least thirty minutes weekly. These subjects average weight gain was about three pounds less than the subjects who don’t do yoga. Another group of thirty subjects that had been overweight at age forty-five actually lost an average of five pounds compared to an average gain of thirteen pounds in non-yoga practitioners (â€Å"Yoga† 7). In multiple cases, yoga has shown to promote weight loss in people who are overweight and prevent weight gain in individuals of normal weight. People who engage in mindful eating can better conquer weight loss because they learn to make choices about their eating based on awareness of hunger and value quality rather than quantity of food. In one particular study, researchers developed a Mindful Eating Questionnaire that addressed more than three hundred people on awareness, external cues, emotional response, and distraction. Of these subjects, more than forty percent practiced yoga more than one hour per week, another forty percent walked for an hour and a half per week, and more than fifty percent engaged in more than ninety minutes of moderate or strenuous physical exercise per week. According to the results, body weight of the participants was within normal range, and the body mass index(BMI) was lower among people who practiced yoga compared to those who did not (â€Å"Yoga† 7). Researchers observed a relationship between higher scores on the mindfulness questionnaire and a lower BMI, which indicates that mindful eating may have an important role in long-term weight maintenance (Mitchell 5). â€Å"Mindfulness Eaters† those who eat when they are depressed, anxious, or when they are not hungry are more likely to weigh more or to gain weight. Alan Kristal explains, â€Å"From my experience, I think it has to do with the way that yoga makes you more aware of your body. So when you’ve eaten enough food, you’re sensitive to the feeling of being full and this makes it much easier to stop eating before you’ve eaten too much†(Sherman 186). Yoga improves your physical endurance. Everyone is familiar with the elliptical or treadmill, but yoga is an alternative workout that works your muscles just as efficiently. According to Yoga studies conducted by University of California, a powerful yoga session averages a four-hundred and fifty five calorie-burn which is equivalent to any other cardiovascular exercise and has also been proven that yoga promotes cardiovascular benefits (Sherman 186). This is an exercise that offers assistance to individuals with multiple diseases including sclerosis, osteoarthritis, and cardiovascular disease or heart failure. Yoga helps individuals reach other physical activity goals through helping them with flexibility and balance and strengthening their muscles and bones. Yoga enhances and promotes a healthy sex life. Yoga gives you greater flexibility and muscle tone. Better sex really? Practicing yoga will add numerous physical and emotional benefits to time you spend with your partner in the bed. If you’re looking for some guidance on a greater sex life or just spontaneity, there have been plenty of studies on this topic to show the truth. Sexually active people tend to live longer and have a lower incidence of heart disease, says Beverly Whipple, Ph. D. , co-author of The Science of Orgasm (Johns Hopkins, 2006). According to Whipples research, hormones and brain chemicals released during orgasm help manage acute and chronic pain (Isaacs 15). According to Whipples research, hormones and brain chemicals released during orgasm help manage acute and chronic pain. In other studies it sex can also fight depression and weight gain. In yoga, you can learn many different positions. You also learn how to become much more flexible and more confident with your body. Yoga helps enhance the bodys core strength and sexual energy. But how does yoga really help? It makes you flexible, tougher, and self-confident; in and out of the sheets. The more time you spend on the mat, the more steamy your time in the bedroom,† says Jacquie Noelle Greaux, a yoga instructor and co-author of Better Sex through Yoga (Isaacs 16). Similar to Kegel exercises, movements such as the Root Lock or Mula Bandha can toughen the pelvic-floor thus improving the intensity of your orgasms. Yoga experts believe that â€Å"sexualit y is stored in the hip and pelvic area† (Isaacs 16). Other Yoga poses like Bound Angle† and Wide-Legged Forward Bend â€Å"increase blood flow† to the hip and pelvic area (Isaacs 16), which enhances sexual compassion and pleasure. Feeling good about your body is sexy. Outside of increasing your sex life, poses like Chaturanga (Four-Limbed Staff Pose) work hard in building your strength and stamina. Additionally, yoga teaches self-acceptance allowing you to feel less self-conscious and more confident about your body. Want to make your sex life even better than that? By practicing yoga with your lover, you can both enjoy the benefits and grow closer in the process. Greaux explains, Couples yoga is like foreplay: Youre breathing, sweating, and moving together and when the sheets are untangled, the fruits of your practice can have a long-lasting outcome(Isaacs 15). Doing yoga with your partner can be very effective for your sexual life. Engaging in yoga with your partner supports a physical, emotional, and mental connection between the two of you. Whether you do yoga once, twice, or three times a week†¦ the more the better. Yoga offers so many benefits, why wouldn’t you want to do it? It improves your weight control, physical endurance, and your sex life. Not only does it augment your physical aspects of life, but your social life as well. It has also been said that yoga has a progressive effect on learning and memory. There are still questions as to what other happiness yoga brings to us. All in all, yoga is a positive exercise that can change your body, mind, and soul in a safe, positive way. Boehde, Dawn, and Porcari, John. Yoga Physical Benefits for Muscle Toning and Weight Loss. Health Fitness Guide, Physical Fitness Health Nutrition Guide, Healthy Diets, Weight Loss Pills, Home Gym Fitness Equipment Store. Web. 11 Oct. 2010. lt; fuelthemind. com/health/fitness/pilates_yoga/what_is_yoga. htmlgt;. Isaacs, Nora. The Yoga of Joyful Sex. Remote Access to UMUC Library Resources UMUC. Health Source Consumer Edition, July-Aug. 2007. Web. 15 Oct. 2010. lt;http://web. ebscohost. com. ezproxy. umuc. edu/ehost/detail? vid=27amp;hid=6amp;[emailprotected]amp;bdata=JmxvZ2luLmFzcCZzaXRlPWVob3N0LWxpdmUmc2NvcGU9c2l0ZQ==#db=hxhamp;AN=26138135gt;. Mitchell, Deborah. Yoga Helps With Weight Loss. Emaxhealth: Daily Health News. Center for Mindful Eating, 19 Sept. 2009. Web. 13 Oct. 2010. lt; emaxhealth. om/1275/62/33510/yoga-helps-weight-loss. htmlgt;. Pascale, Kavanagh. Yoga. KidsHealth the Webs Most Visited Site about Childrens Health. Aug. -Sept. 2008. Web. 13 Oct. 2010. lt;http: //kidshealth. org/teen/food_fitness/exercise/yoga. htmlgt;. Seibel, Machelle M. A Womans Book of Yoga: Embracing Our Natural Life Cycles. New York: Avery, 2002. Print. Sherman, Alexa Joy TOTAL BODY POWER YOGA. Source Nov. 2004: 186-91. Health Source: Consumer Edition. Web. 11 Oct. 2010. lt;http://web. ebscohost. com. ezproxy. umuc. edu/ehost/detail? vid=17amp

Strategic Management with The Key Focus on The Topic of Profit Essay

Strategic Management with The Key Focus on The Topic of Profit Maximisation - Essay Example Keeping in view the two above mentioned definition of business and profits, a simplistic conclusion is; the more profit, the better it is. But it is not practical option when evaluated with the perspective of other stakeholders of the business. The business does not have the investor as the only stake holder. The customers, suppliers, regulatory body, competitors, unions and society at large are the stake holders of the business and the organisations must consider all of them when conducting businesses and devising the profit plans. For instance, an airline while operating its flights, should consider the pollution effects it puts on the environment, the noise its take off and landings produce, which can disturb the citizens. It is, therefore, operating flights at night in US is legally prohibited. There are two approaches of profit maximisation i.e. increasing revenues and decreasing costs. The next sections discuss these two options in detail. Profit Maximisation though Revenue Inc rease It is important to note here that business sector earns revenues by customers, who consider the price of the product or service as the cost. Customers invest their hard earned income in buying goods and services. The price for businessman is cost for customers who incur this cost to fulfil the need for which product or service is designed. The interest of customer is to pay as low price for the product as possible. On the other hand, the interest of the businessman is to charge as high a price as possible. This trade off between the interest of purchaser and seller is set at an equilibrium price at which the seller receives considerable amount of profit and the buyer fulfils his needs at an... The author of the essay concludes that the answer to the question whether the organisations should adopt simple profit maximisation approach cannot be explicitly given in affirmation or negation. A balance is required between the profit orientation and societal orientation. It is because organisations operate in the society and they are ethically bound to share their gains with the entities that support generation of the profits. The clear cut statement is; in no circumstances the organisation should operate in losses. Attaining profits is the core objective; however, maximisation of profits can be compromised based on the environmental conditions and requirements. The case of monopolistic competition is discussed in the above paper. It is an unlikely situation for all the stakeholders except the business owners. This approach is minimized in the theories and practices of all times of business sector. In short, the business sector, that drives investment and economy, should focus on win-win conditions for all stake holders. It is pretty fair to state that the major chunk of profit remains in the hands of investor while rest of the stake holders get the returns of cost in terms of satisfied need or other intangible benefits. The focus of business sector should be achieving the realistic equilibrium whereby they can balance out the demand and supply of its products and services. Both the deviation and shift from equilibrium will lead to undesirable outcomes for the business sector and all other stake holders as well.