Tuesday, April 28, 2020
Shared Trait Between Humans and Chimpanzees Essay Example
Shared Trait Between Humans and Chimpanzees Essay Shared Trait between Humans and Chimpanzees Anthropology 101 Section Fall 2010 Professor Diane Sank For many years, numerous individuals including anthropologists have attempted to explain how a single species evolved into another. From the time of Charles Darwin to Creationism, anthropologists have established that chimpanzees are humanââ¬â¢s closet relative. Furthermore, with the extensive voluminous amount of information, not only are chimpanzees genetically and evolutionary similar to human but share analogous traits. For instance, chimpanzees like human make and utilized tools in various techniques. Another trait shared is eutheria, where offspring depend on the placenta and grown internally of their paternities. In addition to the highly mobile digits that assist chimpanzees in grasping and climbing. These illustrations are just a few. This paper is twofold; to highlight humans and chimpanzees shared traits that can aid in recreating the past of humans, secondly to heighten my knowledge of the evolution of humankind and chimpanzees. Human are classified in the primate order. The primate order contains countless species of prosimians, monkeys, apes, and us. Moreover even though humans are classified along with other primates the nearest relative is chimpanzees. Similarly, humans and chimpanzees share, ââ¬Å"anatomy, and genetic materialâ⬠that has been noted for several years now. By sharing similar traits it is noted as a vital part of human evolution. Human evolution is the development of humans also known as Homo sapiens. Homo sapiens are categorized in the Hominidae family, a family that has shown to ensure increased brain size with complexity and bipedalism. We will write a custom essay sample on Shared Trait Between Humans and Chimpanzees specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Shared Trait Between Humans and Chimpanzees specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Shared Trait Between Humans and Chimpanzees specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Chimpanzees have undergone many different changes during that resulted in binocular vision, mobile digits without claws but nails, decreasing in sense of smell due to a reduced snout, large and complex brains. Specific traits are illustrated distinctively within humans (Kottak, 2009). The first trait chimpanzees share with humans is grooming. Grooming is the action of cleaning oneself or another. The purpose of grooming among primates has many functions. The first is to clean another while the other is is sharing a bonding experience with a partner or friend. Both primates experience, ââ¬Å"friendless, submission, appeasement or closenessâ⬠¦ embracing, touching, and jumping up and down. â⬠These behaviors assist in shaping closeness between the two chimpanzees taking part in grooming (Haviland, Prins, Walrath, amp; McBride, 2005). Two chimpanzees sit face to face with each other and perform these procedures. Chimpanzees use their digits to ââ¬Å"remove parasites or detritus from anotherââ¬â¢s hairy body surface,â⬠resulting in the consumption of parasites There are different grooming habits among chimpanzees. For instance, some chimpanzees groom each other face to face while other chimpanzee let the one being groomed to move about as they feel. Some chimpanzees use sticks, or leaves as tools for grooming. In humans grooming is also used as a bonding experience for example between mother and child (McGrew, 1998). The second trait is the increase in the size of the brain and complexity. Primates have the highest intelligences. The size and complexity of brain enables primates to retain additional information to utilize in tool making or climbing. The advantages of a large brain with complexity assist in ââ¬Å"navigat[ing]â⬠¦find[ing] food in a highly complex environment. â⬠The brain size of chimpanzees is larger than most other mammals (Kottak 2006; Stanford, Allen, Anton, 2006). The third trait is highly mobile digits. In humans mobile digits are hands. Chimpanzeeââ¬â¢s highly mobile digit allows them to grasp items and climb trees more efficiently. Chimpanzees like human have five fingers on both digits (hands and toes). Primates also have opposable thumbs and tactile pads. Tactile pads empower chimps to have great sensitivity to what they come into contact with. The tactile pads are located at the end of chimpââ¬â¢s digits. Chimps do not have claws but nails (Kottak, 2009). The fourth trait chimps share with humans is tool making. Chimps are every diversified in utilizing and make tools. Chimpanzees construct their tools from surrounding material within the forest such as twigs, bark, and leaves. Tool constructed have multiple functions. For example leaves can be rolled to create a cup for drink water. Another example is utilized leaves for fishing and grooming varies parts of another chimpanzee. Finally leaves can be used in pre ââ¬âmating procedure and to make medication. Chimpanzees also utilized tools to gather food such as sticking sticks into the ground to gather ants and termites for food. Chimpanzees are able to use their surrounds to help create everyday task to be performed with ease (McGrew, 1998). The fifth trait chimpanzees share with humans is being eutheria. Eutheria are mammals who reproduce internally via placenta. Similar to human chimpanzees do not have a breeding season. This allows chimpanzees to mate at any time of the year. Since mating seasons do not exist in chimpanzee culture, the majority of female chimpanzees throughout their life becomes pregnant or nurse constantly. Once offspring are born they are: ââ¬Å"Dependent for 4 or 5 yearsâ⬠¦chimpanzee infant cannot survive if its mother dies before it reaches the age of 4 at the very leastâ⬠¦ During the juvenile period, young primates are still dependent upon the largest social group rather than on their mother alone, using this period for learning and refining a variety of behaviors. If the juvenile primateââ¬â¢s mother dies, he or she will be ââ¬Å"adoptedâ⬠by an older male or female member of the social group. â⬠Not only does the infant depend on their mother for a period in time, the community takes care of them as they reach a certain age (Stanford, Allen, Anton, 2006). The sixth trait chimpanzee share is bipedalism. Bipedalism is the art of walking on two legs. This trait is a major trait that has evolved. Chimpanzees usually walk on all fours. However at times chimpanzees walk bipedally when they have to hold something in their hand. Furthermore Chimpanzees ââ¬Å"cannot sustain bipedalism locomotion for more than 50 to 100 yards [before retracting to] knuckle-walkingâ⬠(Haviland, Prins, Walrath, amp; McBride, 2005). Human infants like chimpanzees walk on all fours, at times walking bipeadlly shortly until they retract to walking on all fours. The seventh trait is the act of playing. The process of playing among chimpanzees is learning skills that can be used later in life as adults. The act of playing is shown not only in infants but juveniles as well. Infants and juveniles play to ââ¬Å"learn about their environmentâ⬠¦social skillsâ⬠¦ [and] testing a variety of behaviors. The act of playing is a tool for learning how certain things work and what is and not accepted in their community (McGrew 1998; Stanford, Allen, Anton, 2006). The eighth trait chimpanzee share with humans is the art of learning. Since the brain of a chimpanzees has increased in size and complexity this trait has assisted in advan tages. Younger chimpanzees stay close to their mothers in order to learn how to perform certain task. For example, chimpanzees in West Africa use stones to crack open nuts. At first the offspring fail to perform the task until a great deal of practice is chieved. This process is call aping, the act of observing then imitating the adult they learned from (Haviland, Prins, Walrath, amp; McBride, 2005). The ninth trait is sexual behavior among chimpanzees. Chimpanzees and humans alike are promiscuous. The reason being primates do not have a set partner, another primate to mate with and stay with as a neutral family. Within chimpanzees communities both male and female engage in finding partners to mate with. There is no standard for the men to only look, but women take part in finding a mate rather than waiting for one. Female chimpanzees similar to humans go through several periods in time when they are vulnerable to impregnation. This period in time is known as estrus, not only where the female is vulnerable to impregnation but skin surrounding the genitals swell. In a recent study ââ¬Å"twelve to fourteen males have been observed to have as many as fifty copulations in one day with a single female in estrusâ⬠(Stanford, Allen, Anton, 2006). Sexual promiscuity is a norm in chimpanzeeââ¬â¢s community as well as humans. In our culture sexual promiscuity is portrayed in the form of pornography. Even though it is frowned upon individuals still take part in it. The tenth trait similar to humans is communication. Chimpanzees have diverse calls that can be visualized with face and body expressions. There are various calls such as, ââ¬Å"warning calls, threat calls, defense calls, and gather callsâ⬠¦ [that accompany] gestures and posturesâ⬠¦. [that is at] the level of a 2 to 3 ââ¬âyear-old human childâ⬠(Haviland, Prins, Walrath, amp; McBride, 2005). Chimpanzee unlike humans cannot speak but they do display language skills incorporating by call and gestures. I have learned that chimpanzees are extremely intelligent and should be studied more often. In my opinion chimpanzees are becoming more and more intelligent than the average American. For example some American can barely read and write let alone communicate their wants and needs. While chimpanzees communicate their wants and needs by using gestures and postures. It is extremely heartbroken more and more primates are slowly being extinct or becoming research models not to benefit the understanding of their ways but for biomedical research. It truly was remarkable learning about chimpanzees an there shared trait humansââ¬â¢ utilize as of today. I am grateful and wish someday I too like Jane Goodall can do research on primates to learn their ways. We as humans should learn more and take care of our closest relative then would we truly understand their ways and ourselves. Chimpanzees, Pan Troglodytes, have acquired traits that are established already in humans. Chimpanzees are highly intelligent primates who display eutheria, the process of growing their offspring internally. Chimpanzees are extremely social creatures that take part in grooming as a process of bonding with another primate. While infants and juvenile learn through play which creates a learning environment for the children to learn what they will be required to know when they are adults. The increase in brain size and complexity has assisted chimpanzees to make and utilize tools, walk bipedally, and able them to climb and grasp with their high mobile digits. It begs the question: what will the future hold for the evolution of humans as chimpanzees become more and more rick in knowledge? ***This report contains 9,445 characters and 1,788 words**** References 1. Haviland, W, Prins, H, Walrath, D, amp; McBride, B. (2005). Living primates. In N. Root (Ed. ), Anthropology: the Human Challenge (pp. 62-87). Canada: Wadsworth. 2. Stanford, C, Allen, J, amp; Anton, S. (2006). Biological anthropology. New Jersey: Pearson Education. 3. Kottak, C. (2009). Anthropology: The Exploration of Human Diversity. New York: The McGraw Hill Companies. 4. Culture in nonhuman primates. (1998). Annuals Review of Anthropology, 27, 301-328.
Tuesday, April 14, 2020
Writing Discursive Essays
Writing Discursive EssaysWhile writing a discursive essay, you need to make sure that the topics are chosen carefully. Once you have determined that you will need to select discursive topic ideas for your essay, you need to think about how they will impact you. What will they say about you?Using the discursive essay topics list as your guide, you will be able to come up with topics for your essay that you will want to include in your written research. If you plan on attending a college or university, you will be able to write a very well-written thesis for your course, and you may even be able to earn an undergraduate degree from one of the many colleges and universities throughout the United States.Using the discursive essay topics list will help you determine which topics are important to you. This list will also help you determine which types of subjects will meet your specific needs. Here are some examples of the types of topics you might consider:* You could write a discursive e ssay about local people who have had successful careers and business ventures. You could talk about how successful they have been, and you could provide details about their accomplishments. In your personal background, you could discuss why you feel it is important to share these accomplishments with others.* Another good discursive essay topics list topic could be anything that relates to writing. Topics like creative writing, book reviews, or poetry can all be used to deliver a clear statement about what you want to say. Any of these types of topics are valuable to someone who is working on a discursive essay.* There are also several kinds of discursive essay topics lists that include specific types of topics. For example, there are some essay topics lists that address things like science and technology. These types of topics lists will give you great ideas on how to structure your essay.* An idea that is popular with many discursive essay topics lists is that they provide specifi c examples of discursive essay topics. If you were to visit any writing website, you would find that they will often provide sample writing samples of topics that they have offered. By reading through these samples, you will be able to understand how they write these types of topics.Your discursive essay topics list should contain topics that are most important to you. When you visit a variety of writing websites, you should be able to find several different kinds of topics lists that you will be able to use. Once you have found the ones that you prefer, you will be able to write your discursive essay and get ready to earn your undergraduate degree!
Friday, March 20, 2020
How to Conjugate Voler (to Fly, Steal) in French
How to Conjugate Voler (to Fly, Steal) in French The French verbà volerà has two very interesting meanings. While it may be used for to fly, as in an airplane or as a bird does, it may also mean to steal, as in robbing someone or taking something. In orer to useà volerà properly, you will need to commit its conjugations to memory. A quick lesson will introduce you to the essentials you need to know. The Basic Conjugations ofà Voler French verb conjugations can be a challenge because you have more words to memorize than you would in English. Thats because the verb changes not only with the tense but for every subject pronoun within each tense as well. The good news is thatà volerà is aà regular -er verb. It follows some very common rules of conjugation and youll use these for the majority of French verbs. That makes each new one you study just a bit easier than the last. The first step in any conjugation is to find the radical of the verb (its stem). In this case, that isà vol-. With that, use the table to study the different endings you need to apply for the present, future, and imperfect past tenses. For example, I am flying isà je voleà and we stole isà nous volions. Present Future Imperfect je vole volerai volais tu voles voleras volais il vole volera volait nous volons volerons volions vous volez volerez voliez ils volent voleront volaient The Present Participle ofà Voler The present participle of regular verbs is formed by adding -ant to the radical. For voler, this gives us volant. Volerà in the Compound Past Tense Theà passà © composà ©Ã is common in the French language. It is the compound past tense and its relatively easy to construct. You will begin byà conjugating avoir, the auxiliary verb, to fit your subject in the present tense. Then, all you need to do is add theà past participleà volà ©. This gives usà jai volà ©Ã for I flew andà nous avons volà ©Ã for we stole. More Simple Conjugations ofà Voler Whenever you need to bring the act of flying or stealing into question,à the subjunctiveà can be used. If, however, the act is dependent on something, then youll needà the conditional. In written French, youll likely encounter the passà © simpleà orà the imperfect subjunctiveà forms ofà volerà as well. Subjunctive Conditional Pass Simple Imperfect Subjunctive je vole volerais volai volasse tu voles volerais volas volasses il vole volerait vola volt nous volions volerions volmes volassions vous voliez voleriez voltes volassiez ils volent voleraient volrent volassent The French imperativeà formà drops all formality, along with the subject pronoun. When using it for short sentences, you can simplify it fromà tu voleà toà vole. Imperative (tu) vole (nous) volons (vous) volez
Wednesday, March 4, 2020
Definition and Examples of Logical Fallacies
Definition and Examples of Logical Fallacies A Fallacy is an error in reasoning that renders an argument invalid: A fallacious argument is a defective argument, says Michael F. Goodman, andà a fallacy isà the defect in the argument itself. . . . Any argument committing one of the informal fallacies is an argument in which the conclusion does not follow conclusively from the premise(s) (First Logic, 1993). Observations on Fallacy In logic and the generalized study of reasoning, there are generally understood to be such things as good reasoning and bad reasoning. Typically, bad reasoning is characterized by falling into one or more of the classically compiled logical fallacies. A logical fallacy is simply a failure of logic. Arguments that are said to be fallacious have gaping holes or misleading leaps in their structure and reasoning.(J. Meany and K. Shuster, Art, Argument, and Advocacy. IDEA, 2002)An informal fallacy is an attempt at making a logical argument where thereââ¬â¢s a failure in the reasoning itself. This can stem from a number of causes, such as the misapplication of words and phrases, or misunderstandings based on inappropriate assumptions. Illogical sequences in an argument can also cause informal fallacies. While informal fallacies can result in inaccurate arguments and false conclusions, that doesnââ¬â¢t mean they canââ¬â¢t be very persuasive.(Russ Alan Prince, How To Bolster Your Ne gotiations With Informalà Fallacies. Forbes, June 7, 2015) Deceptions A fallacy is so conceived that if an argument exhibits a fallacy, it is probably a bad one, but if the argument exhibits no such violation, it is a good one.Fallacies are mistakes in reasoning that do not seem to be mistakes. Indeed, part of the etymology of the word fallacy comes from the notion of deception. Fallacious arguments usually have the deceptive appearance of being good arguments. That perhaps explains why we are so often misled by them.(T. Edward Damer, Attacking Faulty Reasoning, 2001) Violations [O]ne clear sense of fallacy that we will encounter will involve a shift away from the correct direction in which an argumentative dialogue is progressing. By various means, an arguer may impede the other party from making her point or may attempt to draw the discussion off track. In fact, one popular modern approach to understanding fallacious reasoning is to see it as involving violations of rules that should govern disputes so as to ensure that they are well conducted and resolved. This approach, put forward by [Frans] van Eemeren and [Rob] Grootendorst in several works, goes by the name of pragma-dialectics. Not only is each of the traditional fallacies understood as a violation of a discussion rule, but new fallacies emerge to correspond to other violations once we focus on this way of conducting arguments.(Christopher W. Tindale, Fallacies and Argument Appraisal. Cambridge University Press, 2007) Pronunciation: FAL-eh-see Also Known As: logical fallacy, informal fallacy Etymology:From the Latin, deceive Etymology:From the Latin, deceive
Sunday, February 16, 2020
The Titanic OR The Love Canal OR BP Deepwater Horizon Spill OR Essay
The Titanic OR The Love Canal OR BP Deepwater Horizon Spill OR Fukushima Reactor Meltdown OR Wikileaks(Julian Assange) - Essay Example This implies that, what is more important to consider for an individual is the fact that she or he as a person is responsible and independently acting, and conscious being (existence) rather than the labels, stereotypes, definitions, roles, and other preconceived categories fitting the individual (essence) (Thomas 23). Basically, what this means is that the actual life of a person is what constitutes his or her true essence instead of other arbitrarily attributable essence used by other people to define her or him. Therefore, going by existentialism, a human being, through his or her own consciousness creates his or her own values which determine a meaning to his or her life. Though existentialism has its strong point, other approaches refute it. Generally, existentialism approach can offer practical and useful solutions to psychological problems, it overemphasizes three different themes namely: meaningless, isolation and death. Proponents of these approach then place (Thomas 42). Ex istentialism alongside the ethics arising out of it can be such an attractive package. The fact that in existentialism one can create his or her actions, shows that this approach can give a person a good moral base line. However, it does not imply that it necessarily does that, as it has an assortment of belief and tenets but fails to involve detailed code of ethics (Warnock 46). Each individual is left to work the issue of ethics himself or herself but within the tenets of existential through system. This gives an individual a lot of latitude to decide what is wrong and right. However, it is worth noting that some individuals may reach a spurious notion of what is right and wrong. This is one of the key weaknesses of this ethics. The second weakness is that existentialism ethics is tied up with other systems (Thomas 43). This way, it can lead those who adhere to it into wrongheaded decisions. Existential principles are entwined with established, detailed, and complex ethical system s (Thomas 25). The third weakness is that existentialism is hard to be interpreted by many people. The result of which is that few people end up using its principles as their ethical guidelines The Love Canal is the Niagara Falls chemical disaster (Brook 3). This town was not arguably known for what it was designed for ââ¬Å"loveâ⬠but for being the largest chemical disaster in North America. As existentialism will have it, William T. Love had envisioned creating a town near Niagara Falls, which will run off hydroelectricity. His plan was that the hydropower would be supplied to this town by running these canal from the upper Niagara Rivers to the lower part of this river (Brook 5). Mr. Loveââ¬â¢s plan was to turn this canal into a shipping route with a model city, which surrounded the canal. However, this did not happen. This is because the ââ¬Å"Panic of 1893â⬠caused the financiers of the project to pull out their money. Mr. Love went broke which meant the end of t hese project (Brook 8). The aftermath of Mr. Loveââ¬â¢
Sunday, February 2, 2020
Use of Quick Response Codes in Health Care Research Paper
Use of Quick Response Codes in Health Care - Research Paper Example A quick response code is a matrix barcode, which can be read using a smartphone that has the right bar code reading application. In health care, the bar code is encoded with heath information or data of an individual. In order for a first respondent to access an individualââ¬â¢s data on the bar code during an emergency, the smartphone or other enabled devices can be used to scan the bar code (Davis, 2012). Although this technology in health care might play a big role in emergency cases, there are various concerns such as privacy and ethics concerns, raised by its use, which might discourage most health care institutions and individuals from adopting it. Body The history of the quick response codes is traced in Japan. This is where the Japan-based company ââ¬ËDenso Wave Corporationââ¬â¢ invented this technology in 1994. Initially, this technology was not meant for use in health care. Instead, the company invented this to help in tracking Toyota vehicles and vehicle parts, dur ing the process of manufacturing. However, in the most years, packaging companies and consumer advertisers have been responsible for the infiltration of the QR codes in the USA. Today, QR codes are found on the internet, on mails from advertisers, on books, and on billboards. In this case, the bar codes have data about the advertised products and the company, as well as the URLââ¬â¢s of the company. Most recently, QR codes have crossed the border from advertising and marketing industry to the health care sector (Maeder & Martin-Sanchez (2012) In health care, this technology is still new, therefore, has not been adopted by most health care institutions. Knowledge of the technology and expertise still lacks, since this technology is still in its initial stage of implementation. For instance, in the USA today, the implementation of this new technology is underway in the Marin County, in the state of California, through a partnership with Lifesquare. The health care professionals in this county are being equipped with iPhones with enabled bar code readers. On the other hand, Marin residents are encouraged to register their personal and medical information in the quick response bar codes available in CVS stores. Lifesquare requires the individuals to stick the bar code stickers to areas it recommends, such as wallets, and mobile phones, among others, where these can be accessed during an emergency (Davis, 2012). In this case, the health data read by the first respondent is directly fed into the emergency systems of the relevant health care institution. According to Garcia-Betances and Huerta (2012), the major advantage of using QR code is that it is a simple technology, which does not require special tags in its use. The QR code is a type of a 2D code, thus it is easy to generate and print the bar code on different surfaces, including paper, and plastic surfaces, among others. This does not require use of any complex equipment. Therefore, with basic training, in dividuals lacking information on how to use the QR codes can learn this within a short period. Additionally, the QR codes in health care are capable of reducing cases of erroneous reading of patient health information, leading to misdiagnosis and wrong prescriptions. This is because, QR codes are easy to read and decode since this technology is not a complex. As long as an individual has a smartphone or a device capable of decoding a bar code, they can access the health data on a patientââ¬â¢s bar code. Garcia-Betances and Huerta (2012) note that since the 2D-based readers are camera-based, these have a much
Saturday, January 25, 2020
Criminal Liability Case Study
Criminal Liability Case Study This assignment will explore many interesting questions considering criminal liability of Jane, Francine, Sam and Allan, actus reus, mens rea and the circumstances when a person is liable for the criminal acts of another. Every criminal offense has two components: one of these is objective, the other is subjective; one is physical, the other is mental; one is the actus reus, the other is the mens rea. The actus reus generally differs from crime to crime. In murder it is homicide; in burglary it is the nocturnal breaking into the dwelling of another; in uttering a forged instrument it is the act of offering as good an instrument which is actually false. In like manner the mens rea differs from crime to crime. In murder it is malice aforethought; in burglary it is the intent to commit a felony; in uttering a forged instrument it is knowledge that the instrument is false plus an intent to defraud. Perkins Boyce Criminal Law 830-831 (3rd ed. 1982). [1]The actus reus must be causally related to the mens rea for a crime to occur: An evil intention and an unlawful action must concur in order to constitute a crime. 93 N. E. 249. Although it is frequently said that no mens rea is required for a strict liab ility offense, the actus reus alone being sufficient (see e. g. , 361 U. S. 147, 150 and 342 U. S. 246, 256), it is more useful to identify a special mens rea for the civil offense that recognizes the low level of culpability connected with a strict or civil offense. As to the act being sufficient even in the strict liability setting, a guilty act (as opposed to a coerced act for example) would seem required. Hall, General Principles of Criminal Law 222-27 (2d ed. 1960)[2]. corpus delicti. http://www. answers. com/topic/actus-reus#Notes Latin: a mind to be accused; a guilty mind. In many systems of law, criminal guilt requires notà only that an act was performed (actus reus) but also that it was performed with an appropriateà mind-set. Having the intention to perform a crime is sufficient, but not necessary to mens rea. Foreseeing a side-effect such as a death could count, even if the death is not intended, andà reckless negligence could also constitute mens rea. As an element of criminal responsibility, aà guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness. A fundamental principle of criminal law is that a crime consists of both a mental and a physicalà element. Mens rea, a persons awareness of the fact that his or her conduct is criminal, is theà mental element, and actus reus, the act itself, is the physical elementà mostly crimes, including common-law crimes, are defined by statutes that usually contain aà word or phrase indicating the mens rea requirement. A typical statute, for example, may requireà that a person act knowingly, purposely, or recklessly. Sometimes a statute creates criminal liability for the commission or omission of a particular actà without designating a mens rea. These are called strict liability statutes. If such a statute isà construed to purposely omit criminal intent, a person who commits the crime may be guilty evenà though he or she had no knowledge that his or her act was criminal and had no thought ofà committing a crime. All that is required under such statutes is that the act itself is voluntary,à since involuntary acts are not criminal. http://www. answers. com/topic/mens-rea Janes criminal liability for the injuries lina An examination of Janes liability of he harm caused Lina must start by considering the harm done. The expression badly Burt is suggestive grievous harm bodily harm , so opening up the possibility of offences contrary to both s. 18 and s. 20 of Offences Against the Person Act 1861. [3] Under s. 18 there would have to be proof that Jane had caused grievous bodily harm, which these purpose would be satisfied by evidence that the burns constituted serious harm Rv sanderts 1985 crime Lr230)[4] there are no causation issues. The throwing of fireworks causes the harm in fact and there is no evidence of any novus acuts intervenient. The problem for prosecution would be regarded as the mens rea, did Jane intend to cause grievous bodily harm to any person? Unless there is evidence that Jane foresaw such harm as virtually certain Rv wolling(1998)A ALL ER103) [5]. There will no basis for a s. 18 charge. Proof of such forsight seems unlikely, especially if the throwing of the firework was meant as a prank, further problems would arise under s18 in respect of Janes alcohol consumption. The offence is one of specific intent so Jane was intoxicated therefore she cannot be guilty of the s 18 offence see DPPv Majewski (1976) All ER42, [6]. Whether or not Jane was intoxicated will be question of fact for the jury. Above mentioned points in a mind a charge under is s20 of the Offence Against the Person Act 1861 would seen more promising. The prosecution will have to prove that Jane maliciously inflicted grievous bodily harms on the lina. The harm will be made out as can be regarded as synonymous with causing Rv Burstow Rv Ireland 1997AC 147[7]. The mental element here requires proof that Jane farsaw the possibility of some Diolock LJ in mowatt (1967) 3 ALLER 47[8]. On the fact is it possible that Jane did not foresee any physical harm, especially if she gave no thought to the possibility of there being anyone on the other side of the hedge. If Jane was intoxicated she could still incur liability unders s20. a (basic intent crime) if there is evidence that she was reckless in becoming intoxicated and, as a result, was unaware of a risk of physical harm being caused that she would have been aware of had she been sober. DPPV Majewski [9] and subsequent decisions such as Rv Rivhardson and Irwin (19 99) [10] crime LR 494 and Rv hardie (1984) 3 ALL ER 848. [11][12] If the harm done does not amount to grievous bodily harm, or the mens rea for s 20. cannot be established, Jane may be charged under s47 of the Offence Against the Person Act 1961 the she assaulted lina and thereby occasional actual bodily harm The burns would undoubtedly satisfy the definition of actual bodily harm Rv Miller (1954)) 2. QB 282[13]. The only mens rea required would be intension to assault or reckless, but the subjective recklessness Rv cunninghum (1957). 2 QB 396[14][15]. Jane must therefore, be proved to have been aware if risk that another person might be assaulted or battered by her actions, so there would be no need to show that she foresaw any actual bodily harm Rv savage. Rv parameter (1992) 1 AC 699 [16]again s 47 is basic intend crime that comments regarding the significance of intoxication in relation to s 20 apply here. Francines criminal liability accomplice Jane. Francine encourage Jane to throw the fire work and can be described as someone who a betted to offence by Jane. Francine was the scene of the crime and spurred Jane on Francine will argue that she did not think that anyone would be avail her. Accomplice will be party to all the unforeseen or accidental consequences of the agreed course of conduct carried out by the principal offender. In the present cane Jane dose precisely what Francine tells . she should do, so Francine will be a party to resulting offences Rv Betts and Ridley (1930) 22 Cr App R148 and Rv Baldessare (1930) 22 Cr App R 70[17]. It is possible that Francine as an accomplice may be charged with and found guilty of a more serious offence than that which Jane is charged with. Note of the Francine is sober so she may be capable of greater foresight of harm occurring to another. There is nothing in principle to prevent Francine being charged with a more serious offences than that charged against Jane. Sams criminal liability against regarding the milk Sam may be guilty of theft milk. It is clearly property belonging to another s. 4(1) and s. 5(1) of the Theft Act 1968. He appropriates the milk by hiding it s. 3(1) of the 1968 Act. Any assumption of any right of the owner can amount an appropriation of property. It is hard to see any argument by which he could claim not to dishonest. The only issue is intension to permanently deprive. Sam will argue that he had no such intension, but s 6(1) of the Theft Act 1968 provides that even if he did not actually intend Jane to permanently lose the milk, his dealing with it can be regarded as evidence id his having the intension of permanently depriving her of it. Because sam chose to treat the milk as his own to dispose of regardless of Janes right. Rv cahill (1993) Crime LR141[18], suggest the removing anothers property to another palce as a prank falls outside s. 6(1) but the courts are likely to fallow DPP v Lavender (1993) Crime LR 297,[19] which suggests that such action can be theft. The perishable nature of the commodity will strengthen the prosecution case on this point in the event. Milk could also provide the basis for criminal damage charge contrary s 1(1) of the Criminal Damages Act 1971. Sams criminal liability regarding the deflated tyres Deliberately deflating the tyres could be criminal damage to s 1(1) of the Criminal Damages Act 1971 the point to note here is that the tyres can be damaged simply by being altered. The mens rea is evident. A charge of aggravated criminal damage contrary to s. 1(2) might also be considered, but if the car cannot be driven because the tyres are flat it would be difficult for the prosecution to prove that sam intended to endanger life or was reckless as to whether his action would have that effect. Tempering with the brakes, by contrast, would support as s. (2) offence. It should be noted that, following Rv G (2003) 4 ALL ER 765, [20]the recklessness involved in the offence of criminal damages is subjective so assuming his intension to damage property can be taken as evident from the fact. The prosecution would have to prove that sam was aware of the risk that like would be endangered as result of the damage to the property, and that the circumstances known to him, it had been unreason able for him to take risk. Allans liability regarding the telephone calls. Lord steyen in R v burtow , R v Ireland (1998) AC 147, held that both grievous bodily harm and actual bodily harm could take the form of neurotic disorder induced by a defendants conduct. It was also accepted in that case that such harm could be caused without any direct assault on the victim by the defended. Whether a case involved grievous bodily harm or actual bodily harm would simply be a matter of degree. The House of Lords also held in that case that although in s. 47 actual bodily harm cases as assault had to proven, it could be committed by the use of words alone, by a telephone call, even by silent telephone call. The prosecution would have to prove however, that the victim apprehended immediate physical violence as result the telephone calls. On the basis Allan could be charged s. 47 in respect of the harm he causes to Pauline. There is no problem in relation to causation. As to mens rea , the fact that telephones the wrong victim by accident is irrelevant. The principle of transferred malice would apply, the identity of the victim being irrelevant. Rv Latimer (1886) 17 QBD 359. [21]Problems might arise under s20. in establishing that Allen acted maliciously Rv Mowatt) as above mentioned. He might not have foreseen the risk of any physical harm occurring to anyone . On the basis of s. 47charge seems more likely. The only mens rea required would be evidence that Allen foresaw the risk of another person apprehending immediate physical violence as result of his telephone calls. Whether or not this could be establish would depend to a large extent on the evidence of that he said when making the calls. The statement ââ¬ËI am coming to fire bomb your house in tow min would be an example of a threat the required intent would probably be made out. Sam liability as an accomplice to Allen Samsà counsels Allen in the commission of the offences against Pauline in the sense that persuades him to make calls, there is a connection between sams requests and the actions of Allen. Allen acted within the scope of the authority given by Sam Rv Calhaem(1985) 2 ALL ER 266[22]. That Allen hurts Pauline. Not Jane, is irrelevant. Only if Allen had deliberately chosen a different victim would sam have escaped liability as an accomplice Rv saunders and Archer(1573) 2 plowed 473[23], as an applied in Rv Leaby (1985)Crim LR99[24]. Sam has the mens rea to be accomplice. There is no deliberate departure from the common design by Allan. The issue in above question is with regards to criminal liabilities of Jane, Francine, Sam, Allanà the likelihood of they will be charged for Offences Against Person Act 1861, Theft Act .s18, s20, Jane throw fire on linas garden which causes badly burnt, grievous badly harm, Thus the Offences contrary comes under s18 or s20, Francine was the scene of the crime and spurred Jane on, Francine accomplice will be a party to all the unforeseen or accidental consequences of the of the agreed course of conduct carried by the principal offender. Sams liability comes under Theft Act 1968 he appropriates the milk by hiding it by assumption of property even if he did not actually intend Jane to permanently depraving her of it, also deflating the tyres could be Criminal Damages Act (1971). A charge of aggravated criminal damage contrary to s. 1(2), if the car cannot be driven, intended to endangered, like same way Allan foresaw the risk of another person apprehending immediate physical violence as a result of his telephone calls Thus Allan could be change under s 20 s 47 in respect of the harm he causes to Pauline even if the principal of transfer malice would apply and even If sam console in the commission of the offence against Pauline that he persuades him to make the cause. The men rea required would be the intension to assault or subjective recklessness. Sources Used [1] Perkins Boyce Criminal Law 830-831 (3rd ed. 1982). [2] Hall, General Principles of Criminal Law 222-27 (2d ed. 1960) [3] Offences Against the Person Act 1861. [4] Rv sanderts 1985 crime Lr230) [5] Rv wolling(1998)A ALL ER103) [6] DPPv Majewski (1976) All ER42, [7] Rv Burstow Rv Ireland 1997AC 147 [8] Diolock LJ in mowatt (1967) 3 ALLER 47 [9]à Diolock LJ in mowatt (1967) 3 ALLER 47 [10] Rv Rivhardson and Irwin (1999) [11] Rv Rivhardson and Irwin (1999) [12] Rv Rivhardson and Irwin (1999) [13] Rv Rivhardson and Irwin (1999) 14 Rv cunninghum (1957). 2 QB 396[15] 15 Rv savage. Rv parameter (1992) 1 AC 699 [17] Rv Betts and Ridley (1930) 22 Cr App R148 and Rv Baldessare (1930) 22 Cr App R 70 [18] Rv cahill (1993) Crime LR141 [19] fallow DPP v Lavender (1993) Crime LR 297, [20] Rv G (2003) 4 ALL ER 765, [21] Rv Latimer (1886) 17 QBD 359. [22] Rv Calhaem(1985) 2 ALL ER 266 [23] Rv saunders and Archer(1573) 2 plowed 473 [24] Rv Leaby (1985)Crim LR99
Subscribe to:
Posts (Atom)