Trying new foods essay
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Trying New Foods
On father s day we ate at a buffe with lots of interesting foods that I have never tried before. So I decided instead of puking I would
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A Point of View: The strangely enduring power of kitsch. Share this with Facebook. Trying Essay? Share this with Twitter. Share this with Messenger. Share this with Messenger. Share this with. These are external links and will open in a new window. Share this with Facebook. Share this with Messenger. Share this with Messenger.
Share this with Twitter. Share this with Pinterest. Uk Phd Online? Share this with WhatsApp. Share this with LinkedIn. These are external links and will open in trying new foods essay, a new window. Close share panel. Modern art was born from disadvantages of global essay a desire to destroy kitsch, but time and again it is drawn back to its lure, says Roger Scruton.
In the early years of the trying new foods essay, 20th Century, the arts entered a period of revolution. Enough of the escapism, the modernists said. Art must show modern life as it is. Only in that way can it offer real consolation. Ornament is crime, declared the architect Adolf Loos, and all those baroque facades that line the streets of Vienna, encrusted with meaningless knobs and curlicues, are so many denials of the world in which we live. They tell us that beauty belongs in a vanished past. In the face of this message, Loos set out to about, discover a purer beauty - beauty that belongs to modern life and also endorses it. Loos's contemporary Arnold Schoenberg rebelled against the late romantic music of which he was such a master, saying that tonal music had become banal, and that writing in the old way led to musical cliches. Schoenberg proceeded to reinvent the new foods essay, language of music, hoping to is mightier a sword, recover the new foods, purity and precision of Mozart or Bach.
Eliot and Pound rebelled against the fairy-tale poetry of Housman and Walter De La Mare. The task of the poet, they insisted, was not to provide nostalgic dreams but to wake us up to reality. Nyu Personal? True poetry shows things as they are, and the poet's frame of reference must be rebuilt in order to make this possible. Trying Essay? The result will not be easy to understand. But, unlike the disadvantages warming, escapist poetry of the Victorians, it will be worth understanding. Roger Scruton is a writer and essay, philosopher A Point of View is usually broadcast on human rights Fridays on Radio 4 at 20:50 GMT and repeated Sundays, 08:50 GMT. In the attacks on the old ways of doing things one word in particular came into currency. That word was kitsch.
Once introduced, the word stuck. Essay? Whatever you do, it mustn't be kitsch. This became the first precept of the modernist artist in every medium. In a famous essay published in 1939, the American critic Clement Greenberg told his readers that there are only two possibilities available to the artist now. Either you belong to the avant-garde, challenging the old ways of figurative painting, or you produce kitsch. And the fear of kitsch is one reason for the compulsory offensiveness of so much art produced today.
It doesn't matter that your work is obscene, shocking, disturbing - as long as it isn't kitsch. Nobody quite knows where the uk phd dissertations online, word kitsch came from, though it was current in Germany and Austria at the end of the 19th Century. Nobody knows quite how to define the word either. But we all recognize kitsch when we come across it. Trying New Foods Essay? The Barbie doll, Walt Disney's Bambi, Santa Claus in the supermarket, Bing Crosby singing White Christmas, pictures of about in china, poodles with ribbons in their hair. At Christmas we are surrounded by kitsch - worn out cliches, which have lost their innocence without achieving wisdom.
Children who believe in Santa Claus invest real emotions in a fiction. We who have ceased to believe have only fake emotions to offer. But the faking is pleasant. It feels good to essay, pretend, and when we all join in, it is almost as though we were not pretending at all. Some theories about the essay in hamlet, origin of kitsch It's agreed the word emerged in trying new foods essay, the art markets of Munich in the 1860s and 1870s, describing cheap, popular, and marketable pictures and sketches, but there are several ideas about how it was derived. A Pen Than A Sword? Among the theories: From the dialect German word, kitschen - to essay, smear From the German verb verkitschen - to cheapen A mispronunciation of the a pen is mightier a sword essay, English word sketch , or an trying new foods, inversion of the French chic (fashionable) The Czech novelist Milan Kundera made a famous observation. Essay Human Rights In China? Kitsch, he wrote, causes two tears to flow in quick succession. The first tear says: How nice to new foods, see children running on the grass!
The second tear says: How nice to than, be moved, together with all mankind, by children running on trying new foods essay the grass! Kitsch, in other words, is not about the thing observed but about the je vais essayer de faire mieux, observer. It does not invite you to feel moved by the doll you are dressing so tenderly, but by yourself dressing the doll. All sentimentality is like this - it redirects emotion from the trying new foods essay, object to the subject, so as to create a fantasy of emotion without the real cost of is mightier than a sword, feeling it. The kitsch object encourages you to think, Look at me feeling this - how nice I am and trying new foods, how lovable. That is why Oscar Wilde, referring to one of Dickens's most sickly death-scenes, said that a man must have a heart of stone not to laugh at the death of Little Nell. And that, briefly, is why the modernists had such a horror of kitsch.
Art, they believed, had, during the course of the 19th Century, lost the ability to distinguish precise and real emotion from je vais de mon its vague and self-satisfied substitute. In figurative painting, in tonal music, in the cliche-ridden poems of new foods, heroic love and on imagery, mythic glory, we find the same disease - the artist is not exploring the human heart but creating a puffed-up substitute, and then putting it on sale. Of course, you can use the old styles, but you cannot seriously mean them. Trying? And if you use them nevertheless, the result will be kitsch - standard, cut-price goods, produced without effort and consumed without thought. Figurative painting becomes the stuff of Christmas cards, music becomes spineless and nyu personal statements, sentimental, and literature collapses into cliche. Essay? Kitsch is fake art, expressing fake emotions, whose purpose is to deceive the consumer into thinking he feels something deep and about rights in china, serious, when in fact he feels nothing at all. However, to avoid kitsch is not so easy as it looks. You could try being outrageously avant-garde, doing something that no one would have thought of doing and calling it art - perhaps trampling on some cherished ideal or religious feeling. But as I argued last week, this way also leads to fakes - fake originality, fake significance, and a new kind of cliche, as in so much Young British Art.
You can pose as a modernist, but that won't necessarily lead you to essay, achieve what Eliot, Schoenberg or Matisse achieved, which is to je vais mieux, touch the modern heart in its deepest regions. Modernism is difficult. It requires competence in an artistic tradition, and the art of departing from tradition in new foods, order to say something new. This is one reason for the emergence of a wholly new artistic enterprise, which I call pre-emptive kitsch. Modernist severity is both difficult and unpopular, so artists began not to shun kitsch but to embrace it, in essay on imagery, the manner of Andy Warhol, Allen Jones and Jeff Koons.
The worst thing is to be unwittingly guilty of producing kitsch. Far better to produce kitsch deliberately, for then it is not kitsch at all but a kind of sophisticated parody. Pre-emptive kitsch sets quotation marks around actual kitsch, and hopes thereby to save its artistic credentials. Take a porcelain statue of Michael Jackson cuddling his pet chimpanzee Bubbles, add cheesy colours and trying, a layer of je vais essayer de mon mieux, varnish. Set the figures up in the posture of trying new foods essay, a Madonna and child, endow them with soppy expressions as though challenging the spectator to vomit, and the result is statements essay such kitsch that it cannot possibly be kitsch. Trying? Jeff Koons must mean something else, we think, something deep and serious that we have missed. Perhaps this work of art is on imagery really a comment on kitsch, so that by being explicitly kitsch it becomes meta-kitsch, so to speak. Or take Allen Jones, whose art, currently on display at new foods the Royal Academy, consists of female lookalikes contorted into furniture, dolls with their sexual parts made explicit by underwear, vulgar and childishly nasty visions of the human female, the whole as frothy with fake sentiment as any simpering fashion model.
Again the result is such obvious kitsch that it cannot be kitsch. The artist must be telling us something about ourselves - about our desires and lusts - and forcing us to confront the fact that we like kitsch, while he pours scorn on kitsch by laying it on with a trowel. In place of statements essay, our imagined ideals in gilded frames, he offers real junk in quotation marks. Pre-emptive kitsch is the trying, first link in je vais de faire de mon, a chain. The artist pretends to take himself seriously, the critics pretend to judge his product and trying new foods essay, the modernist establishment pretends to promote it. At the end of all this pretence, someone who cannot perceive the difference between the real thing and the fake decides that he should buy it. Only at this point does the chain of pretence come to an end, and the real value of this kind of art reveals itself - namely its money value.
Even at on imagery in hamlet this point, however, the pretence is important. The purchaser must still believe that what they buy is trying real art, and therefore intrinsically valuable, a bargain at any price. Otherwise the price would reflect the obvious fact that anybody - even the purchaser - could have faked such a product. The essence of fakes is nyu personal that they are not really themselves, but substitutes for themselves. Like objects seen in parallel mirrors they repeat themselves ad infinitum, and at trying new foods essay each repetition the price goes up a notch, to the point where a balloon dog by Jeff Koons, which every child could conceive and some could even manufacture, fetches the is mightier than a sword essay, highest price ever paid for a work by a living artist - except, of course, that he isn't one. So what, then, is the real thing?
How do we tell the real work of art and the fake apart, and why does it matter? This will be my topic for next week. A gunman fired hundreds of bullets at festival-goers in the deadliest mass shooting in modern US history.
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literature center Compiled by trying new foods, - Pravin K. Disadvantages. Shah. Jain Study Center of NC (Raleigh) Lord Mahavir's preaching was orally compiled by trying new foods, his disciples into many Sutras (texts). Collectively these texts are called Jain canonical or Agam literature. Traditionally these sutras were orally pass on from teachers (acharyas or gurus) to the disciples for essayer de mon, several centuries. Also, during the course of time many learned acharyas (elder monks) compiled commentaries on the various subjects of the Agam literature.
In olden times, the books were hand-written and rare. Also the religious books and scriptures were considered possessions and attachments for new foods essay, ascetics. Therefore Agam sutras were rarely documented and not widely distributed for or by a sword essay, ascetics. During the course of time, it became extremely difficult to new foods keep memorizing the entire Jain literature (Agam sutras and Commentary literature) compiled by the many scholars of the past and present. Also there occurred a twelve years of famine around 350 BC. Statements. It was extremely difficult for the Jain ascetics to survive during this time. Under such circumstances they could not preserve the essay, entire canonical literature. In fact, a significant number of Agam sutras were already forgotten and lost after the famine.
Later, when the disadvantages of global warming essay, Jain congregation relaxed the vow of non-possession with regards to religious scriptures for ascetics, they had already forgotten much of the oldest canonical literature such as fourteen Purva Agams and the rest were polluted with modifications and errors. The Digambar Jain sect maintains that after the famine, the entire Jain canonical literature (Agam Sutras) became extinct. However the Swetambar sect believes that only fourteen Purvas were forgotten but the significant portion of the new foods essay, remaining Agam Sutras were preserved by them and essay in hamlet hence they decided to trying new foods essay document the Agam Sutras (canonical literature) as remembered by them at various time. Jain history indicates that during the disadvantages essay, course of time, Swetambar ascetics held three conferences; at Patli-putra @320 B.C., at Mathura and Valabhi @380 A.D., and at new foods Valabhi @520 A.D. for the preservation of the Jain canonical and other literature. Essay On Imagery In Hamlet. Most of the documention occured during 2nd and 3rd conferences. Around 1500 A.D., the trying, Swetambar sect also divided into three subsects known as Swetambar Murtipujak, Sthanakvasi, and Terapanthi. Differences also exist among all three Swetambar Jain sects in their acceptance of the validity of the dissertations, documented Jain scriptures (Agam Sutras) and literature. Jain literature is classified into two major categories:
Agam Literature (Agam Sutras) Agam literature consists of many texts, which are the sacred books of the Jain religion. They are written in the Ardha-magadhi Prakrit language. Non-agam literature consists of commentary and trying new foods explanation of Agam literature, and independent works, compiled by ascetics and scholars. They are written in many languages such as Prakrit, Sanskrit, Apabhramsa, Old Marathi, Rajasthani, Gujarati, Hindi, Kannad, Tamil, German, and English. Lord Mahavir's preaching was methodically compiled by his immediate disciples known as Gandharas, and elder monks known as Srut-kevalis into essay about human rights in china, many texts known as Sutras.
These Sutras are collectively known as Agams or Agam Sutras, the sacred books of the Jain religion. Trying Essay. Hence, the Jain religion does not have one sacred book like the Bible or Koran, but it has many books compiled by several Gandharas and je vais mieux Srut-kevalis. Agam literature is new foods essay also divided into essay, two groups: Ang-agams or Ang-pravista-agams Ang-bahya-agams (outside of Ang-agams) Lord Mahavir's immediate disciples were known as Ganadharas. All Ganadharas possessed perfect knowledge (keval-jnan) and attained liberation at essay the end of their human life. They orally compiled the direct preaching of disadvantages warming Lord Mahavir into twelve main texts (sutras). These texts are known as Ang-agams. Hence the Ang-agams are the oldest religious scriptures and the back bone of essay Jain literature.
The twelfth Ang-agam is called Drastivad. The Drastivad consists of fourteen Purva texts, also known as Purvas or Purva-agams. Among Ang-agams, Purvas were the oldest sacred texts. All Jain sects believe that knowledge of the Purvas (Drastivad) were gradually lost starting about one hundred fifty years after Lord Mahavir's nirvan (death). However, the subject matter of the Purvas are referenced by other Jain scriptures and literature. The Digambar Jain sect also believes that the remaining eleven Ang-agams were gradually lost. All Swetambar Jains believe that the original intent and proper meaning of the than, eleven Ang-agams survived and were properly documented by elder monks (Acharyas) during the three conferences that were held by Swetambar ascetics in trying new foods essay, the past. Number of Number of Number of. Sects Ang-agams Ang-agams Ang-agams. Accepted Available Lost. Digambar 12 0 12.
Swetambar Murtipujak 12 11 1. Swetambar Sthanakvasi 12 11 1. Swetambar Terapanthi 12 11 1. Ang-bahya-agams (outside of is mightier than essay Ang-agams): Monks who had knowledge of trying a minimum of ten Purvas were known as Srut-kevlis. They possessed the total knowledge of the Ang-agams. The Srut-kevlis wrote many texts (sutras) expanding the subject matter of the Ang-agams. Collectively these texts are called Ang-bahya-agams meaning outside of Ang-agams. The different Jain sects accept different numbers of Ang-bahya texts. However the Digambar sect believes that they were also gradually lost starting about two hundred years after Lord Mahavir's Nirvan. Number of Number of Number of.
Ang-bhya-agams Ang-bhya-agams Ang-bhya- Accepted Available Lost. Digambar 14 0 14. Swetambar Murtipujak 34 34 0. Swetambar Sthanakvasi 21 21 0. Swetambar Terapanthi 21 21 0. Classification of Ang-bahya-agams: The Swetambar sect has divided Ang-bahya-agams into the following categories: Upang-sutras or Upang-agams: The scriptures which provide further explanation of Ang-agams are called Upang-agams.
Chhed-sutras or Chhed-agams: The subject matters described in Chhed-sutras are only for ascetics not for disadvantages warming essay, lay people. They relate to the conduct and behavior of essay monks and nuns. They also explains how they can repent for their sins and mistakes. The scriptures which are essential for ascetics to study in the earlier stages of their monkhood are called Mool-sutras. The scriptures which further enhance or decorate the meaning of Ang-agams are known as Chulika-sutras. The scriptures which describe independent or miscellaneous subjects of the Jain religion are known as Prakirna-sutras. Following is the list of number of Ang-bahya-agams accepted as authentic scriptures by different Jain Swetambar Sects: Swetambar Sthanakvasi and. Upang-agams 12 12. Chhed-sutra-agams 6 4.
Mool-sutra-agams 4 3. Chulika-sutra-agams 2 2. Prakirna-sutra-agams 10 none. Total Ang-bahya-agams 34 21. Digambar Jain Literature: The Digambar sect believes that there were 26 Agam-sutras (12 Ang-agams + 14 Ang-bahya-agams). However, they believe that they were gradually lost starting from one hundred fifty years after Lord Mahavir's nirvana. On Imagery In Hamlet. Hence the existing Agam-sutras (which are accepted by trying new foods essay, the Swetambar sects) are not accepted by them as authentic scriptures.
In the absence of authentic scriptures, Digambars use two main texts, commentaries on main texts, and four Anuyogs consisting of more than 20 texts as the basis for their religious practice. These scriptures were written by great Acharyas (scholars) from 100 to dissertations 1000 A.D. using the original Agam Sutras as their basis. 1. Shatkhand-agam or Maha-kammapayadi-pahuda or Maha-karma-prabhrut. 2. Kashay-pahud or Kashay Prabhrut. 1. Essay. Pratham-anuyoga(Dharma-kath-anuyoga) - Religious Stories. 2. Charn-anuyoga - Conduct. 3. Karan-anuyoga (Ganit-anuyoga) - Mathematics. 4. Dravy-anuyoga - Philosophy. The Shatkhand-agam is disadvantages of global warming also known as Maha-kammapayadi-pahuda or Maha-karma-prabhrut. It was written by two Acharyas; Pushpadant and Bhutabali around 160 A.D.
The second Purva-agam named Agraya-niya was used as the basis for this scripture. The scripture contains six volumes. Acharya Virsen wrote two commentary texts, known as Dhaval-tika on the first five volumes and Maha-dhaval-tika on the sixth volume of this scripture, around 780 A.D. Kashay-pahud or Kashay-prabhrut: The Kasay-pahud was written by Acharya Gunadhara. The fifth Purva-agam named Jnan-pravad was used as a basis for this scripture. Acharya Virsen and trying new foods essay his disciple, Jinsen, wrote a commentary text known as Jaya-dhaval-tika around 780 A.D. 1. A Pen Than. Pratham-anuyoga (Dharma-kath-anuyoga) - Religious Stories. This anuyoga consists of the trying new foods, following texts which contain religious stories, art, literature, history, poetry, and like literature. Name Author Time. Padma-puran Ravisen 650 A.D.
Harivamsa-puran Jinsen II 783 A.D. Adi-puran Jinsen II 783 A.D. Uttar-puran Gunabhadra 879 A.D. 2. Charn-anuyoga - Conduct. This anuyoga consists of the following texts which contain principles of disadvantages of global observances, conduct, behavior, and like literature. Mulachar Vattaura 600 A.D. Trivarnachar Vattaura 600 A.D. Ratna-karanda-shravak-achar Samantabhadra 600 A.D. 3. Karan-anuyoga (Ganit-anuyog) - Mathematics.
This anuyoga expounded the texts which had mathematical view points. It consists of the following texts which contain geography, mathematics, astronomy, astrology, and like literature. Jaya-dhaval-tika Virsen/Jinsen 780 A.D. Gommat-sar Nemichandra Siddhant Chakravarti. 4. Dravy-anuyog - Philosophy. This anuyoga consists of the following texts which contain philosophical doctrine, theories, metaphysics, Tattvajnan, and like literature. Niyamasar Kunda-kunda 100 A.D. Panchastikaya Kunda-kunda 100 A.D.
Pravachanasar Kunda-kunda 100 A.D. Samaya-sara Kunda-kunda 100 A.D. Tattvartha-sutra Umaswami 200 A.D. commentary by Samantabhadra 600 A.D. commentary by Pujyapad 700 A.D. commentary by Akalank 750 A.D. commentary by trying essay, Vidyanand 800 A.D. Aptamimamsa Samantabhadra 600 A.D. commentary by Akalank 750 A.D. commentary by Vidyanand 800 A.D.
The Jain literature which was compiled by Ganadharas and Srut-kevlis is known as Agam literature. These texts are the holy scriptures of the Jain religion. The Agam Sutras show great reverence for essay, all forms of life and trying strict codes of vegetarianism, asceticism, nonviolence, and opposition to war. The existing Agam Sutras are accepted as the authentic preaching of Lord Mahavir by the Swetambar sects, but the Digambar sect does not accept them as authentic. Digambars follow two main texts (Shatkhand Agam and statements Kasay Pahud) and four Anuyogs (consisting of more than 20 texts) written by great Acharyas (scholars) from 100 to trying new foods essay 1000 A.D. The Jain literature which is not classified as Agam Sutras is known as Non-agam literature.
Summary of Jain Agams: Ang-agams are the oldest religious scriptures and the back bone of Jain literature. 1. Acharang Sutra (Aayarang): This agam describes the conduct and uk phd behavior of ascetic life. It also describes the penance of Lord Mahavir.
This is the oldest agam from a linguistic point of view. 2. Sutrakratang Sutra (Suyagdang): This agam describes nonviolence, Jain metaphysics, and the refutation of trying essay other religious theories such as Kriyavada, Akriyavada, Ajnanavada, and in hamlet Vinayavada. 3. Sthananga Sutra (Thanang): This agam defines and catalogues the main substances of the Jain metaphysics. 4. Trying New Foods. Samavayanga Sutra: This agam defines and catalogues the main substances of the Jain religion from a different perspective than the Sthananga Sutra. 5. Statements Essay. Vhakhya Prajnapti or Bhagavati Sutra (Viyah Pannati): This agam explains the subtle knowledge of trying new foods essay soul, matter, and other related subjects.
36000 questions and answers are presented in uk phd, discussion form. It is the trying new foods essay, largest of the essay in china, eleven Ang-agams. 6. Jnata Dharma Kathanga Sutra (Nayadhammakahao): This agam explains Jain principles through examples and stories. This text is very useful in understanding the mode of Lord Mahavir's religious preaching. 7. Upasaka Dashanga Sutra (Uvasagdasao): This agam explains the code of conduct of the ten lay followers (Shravaks) of Lord Mahavir. This agam is very useful for understanding the code and conduct of trying essay ordinary people (Shravaka Dharma) in the Jain religion. 8. Antah Kradashanga Sutra (Anatagaddasao): This agam tells the about rights in china, stories of ten sacred monks attaining liberation (Moksha) by destroying their karmas.
9. Anuttaroupa Patika Dashanga Sutra (Anuttarov Vaiya Dasao): This agam contains the stories of an additional ten sacred monks who attained the top-most heaven, known as Anuttara heaven. 10. Trying Essay. Prashna Vyakrana Sutra (Panha Vagarnai): This agam describes the five great vows (mahavratas) and the five worst sins defined in the Jain religion. 11. Vipaka Sutra (Vivagsuyam): This agam explains the results of a pen good and bad karmas through several stories.
12. Trying New Foods Essay. Drastivada Sutra: The twelfth Ang-agam Drastivad is considered lost by all Jain Sects. The description which is in china found in the other Jain Sutras relating to trying new foods essay Drashtivada indicates that this Ang-agam was the largest of all Agam Sutras. It was classified in five parts; (l) Parikarma (2) Sutra (3) Purvagata (4) Pratham-anuyoga and (5) Chulika. The third part, Purvagata contained 14 purvas. They contain the Jain religion's endless treasure of knowledge on every subject. Some scholars believe that it was so named, the knowledge which existed before Lord Mahavira was called 'Purva'. The scriptures which were created in relation to Ang-agams are called Upang-agams. They provide further explanation of Ang-agams.
1. Aupa Patika Sutra (Ovavaiya): This agam describes the warming essay, splendid procession (view) of King Konika when he visited Lord Mahavir. It also explains how a person can attain heaven in the next life. 2. Raja Prashniya Sutra (Raya Pasen Ijja): This agam describes the story of trying Monk Keshi.
Monk Keshi was the Ganadhara of Lord Parshvanath. He removed the doubts of King Pradeshi regarding the existence and attributes of the soul. Monk Keshi made the king a follower of the Jain religion. After his death, the king was born as a deva in heaven. Dissertations Online. He appeared from heaven to shower Lord Mahavir with unprecedented pomp and splendor. Trying New Foods. The thirty-two dramas (plays) described in this agam throw light upon the ancient dramatic art of India. 3. Jivabhigama Sutra: This agam describes the statements, universe and the subtle description of all living beings (souls) of the universe. Trying. It gives very important information to the scholars of biology and dissertations botany. 4. Prajnapana Sutra (Pannavana): This agam describes the form and attributes of essay souls from a different perspective.
5. Surya Prajnapti Sutra (Surya Pannti): This agam describes the Sun, the planets and of global warming essay the associated mathematics regarding their motion. 6. Chandra Prajnapti Sutra: This agam describes the Moon, the planets and trying the associated, mathematics regarding their motion. Both of these upangas, the Chandra Prajnapti and Surya Prajnapati, sutras are very important in understanding the de faire de mon mieux, astrology of olden times.
7. Jambudveepa Prajnapti Sutra: This agam provides a description of Jambudveepa. Jambudeepa is a place explained in new foods, Jain geography. It also provides information on ancient kings. 8. Nirayarvali Sutra: This agam describes the story of ten princes. All ten princes fought with King Chetaka of Vaishali in cooperation with king Konika. King Chetaka was the son of the 10 princes' step-mother. In the end all ten princes went to uk phd hell after dying in war. 9. Kalpa Vatansika Sutra (Kappavadamsiao):
This agam describes the story of trying new foods essay King Konika's children. They did not fight with King Chetaka in the war. They renounced the world and became monks. After their death, they went to dissertations online heaven. 10. Pushpika Sutra (Puspiao): This agam describes the previous lives of certain devas (angels) who worshiped Lord Mahavir. 11.
Pushpa Chulika Sutra: This agam describes stories similar to those in the Pushpika. 12. Vrashnidasha Sutra (Vanhidasao): This agam explains how Lord Neminath convinced ten kings in the Vrashni region to trying new foods essay follow the Jain religion. Chhed Sutra Aagams: The subject matter described in the Chhed-sutras is for essayer de faire, ascetics and not for lay people.
It provides the rule of conduct, punishment, and repetances for ascetics. It also explains how they can repent for their sins and mistakes. 1. Trying. Nisheetha Sutra (Nisiha): This agam explains the procedure of repentance (Prayashchitta) in the form of punishment for the monks and nuns who have conducted themselves badly. 2. A Pen Essay. Vrahat Kalpa Sutra. This agam explains which of the ten kinds of repentance (Prayashchittas) is appropriate for a particular wrong-doing monks and nuns. It also defines in clear terms what is acceptable conduct for monks and nuns and what is not. 3. Vyavahara Sutra: * This agam describes the system of confession for monks and nuns who fall from trying essay, proper conduct. About Rights In China. It explains the qualifications of the listening monk or nun and new foods with what sort of feeling the confession should be made. It also explains what sort of repentance (Prayashchitta) the than essay, monk should perform. There are several other indication of the trying, limits of ascetic life.
4. Dasha Shruta Skandha Sutra (Achardasha): There are ten chapters in this Sutra. It contains the following information: (1) - 20 places of Asamadhi. (2) - 21 major faults bringing weakness in conduct. (3) - 33 Ashatanas of Guru.
(4) - 8 Sampadas of Acharyas and their kinds. (5) - 10 places of Chitta Samadhi. (6) - 11 Pratimas of layperson. (7) - Pratimas of ascetics (monks and nuns) (8) - KALPASUTRA - (recited during the Paryushanas) (9) - 30 places of bondage of Mohniya karma. (10) - 9 Nida nas (Niyane) 5. Panch Kalpa Sutra: * This sutra explains the daily rituals the monks and nuns have to uk phd dissertations online perform. Only scattered chapters of this agam are now available. However, the commentaries (Bhashya and Churni) written about this agam by some elder monks are available. 6. Mahanisheetha Sutra: This agam explains the process of confession and repentance (Prayashchitta) for monks and nuns.
It explains the essay, magnitude of pain one has to suffer if he or she breaks the fourth vow (chastity). It also describes and uk phd dissertations explains the conduct of good and bad monks. The scriptures which are essential for monks and nuns to study in the early stages of their ascetic life are called Mool-sutras. 1. Avashyaka Sutra: The daily rituals or routines which it is necessary to perform during the new foods, day and night for in hamlet, the purification of soul are called Avashyaka.
A description of the six routines (Avashyakas) are explained in this agam. The six routines are; Samayika, Chaturvinshatistava, Vandanaka, Pratikramana, Kayotsarga, and Pratyakhyana. 2. Dasha Vaikalika Sutra. This agam briefly describes and essay explains the conduct of ascetic life. 3. Uttaradhyayana Sutra. This agam has the same place in Jain literature as the Dhammapada in Buddhism and the Geeta in the Hindu religion. It contains preaching regarding religious principles and practices, and nyu personal many stories, dialogues, and examples based on such principles and practices. 4. Ogha Niryukti or Pinda Niryukti Sutra: * This agam explains certain rules and procedures for monks with respect to travelling, staying, accepting food and other necessities from lay people. The scriptures which enhance or decorate the meaning of Ang-agams are known as Chulika-sutras or some times known as Sutras.
This agam contains an essay elaborate description of Tirthankaras, Ganadharas, and five types of Knowledge (Jnan); Mati, Shrut, Avadhi, Manaparyay, and Keval-Jnan. 2. Anuyogadvara Sutra: This agam provides the description of je vais de faire de mon many rights regarding the mode of trying preaching. The scriptures which describe independent or miscellaneous subjects of the Jain religion are known as Prakirna-sutra. 1. Chatuh Sharana: * This agam contains prayers to the four benevolent beings: Arihant - God in the form of of global warming essay perfect human being. Siddha - God in essay, the form of pure consciousness. Sadhu - ll ascetics.
2. Aatur Pratyakhyana (Aayur-Pachakhana): * This agam explains differences in the death of children, youths, adults, and old people. It also describes the types of essayer mieux vows a wise person should take during various states of illness and essay how he should beg the pardon of a sword essay all living beings in the universe. 3. Essay. Bhakti Parijna (Bhatta-parinna): * This agam describes the process of fasting and about in china how one should reflect at the time of death. 4. Trying New Foods. Sanstaraka (Santhara): * This agam describes the process of dying by one's own desire (Santhara) and its glory. This agam describes the state of pregnancy and provides knowledge about the human body.
This agam describes the method of concentrated meditation (Dhyana) that one should observe through the description of Radhavedha. This agam describes the names, positions, and residences of Devas (angels) who live in heaven. It also provides a description of the moon, sun, planets, and stars. This agam describes palmistry and how it is used to statements essay predict the future (Nimitta). This agam explains how to completely give up the worst sins and how to repent these sins. This agam is considered lost.
However, it appears from literature referencing this agam that it contained prayers of trying essay Lord Mahavir. Note: * These 13 Agams are not recognized by the Sthanakvasi and Terapanthi Swetambar Jain sects.
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Essay on trying the CDF Appeals Decision. By Cosette Creamer, USA. About the essay about human CDF Trial. The Special Court for essay, Sierra Leone (SCSL) issued an in hamlet indictment against the three accused. persons of the Civil Defence Forces (CDF), Sam Hinga Norman, former Deputy Defence.
Minister and later Minister of Internal Affairs; Moinina Fofana, alleged to be the new foods National. Director of the CDF; and Allieu Kondewa, alleged to be the uk phd online High Priest of the CDF between. March and June 2003. The indictment include 8-counts for new foods essay, crimes against humanity, violations. of Article 3 Common to the Geneva Conventions and of Additional Protocol II (commonly. known as war crimes), and other serious violations of international humanitarian law. Sam Hinga Norman being the First accused made his initial appearance at the temporary. courthouse on Bonthe Island on 15 March 2003. Mr. Norman pleaded not guilty to all charges. against him.
Messrs. Fofana and Kondewa, Second and Third accused respectively also pleaded. not guilty to all the charges against them when they were arraigned before the Court at the. temporary courthouse on July 1, 2003. Statements Essay. The Prosecution presented its case from essay 3 June 2004 to 14 July 2006 presenting 75 witnesses.
From 19 January to 18 October 2006, the Defence presented 44 witnesses. Closing arguments. were made from is mightier essay 28-30 November 2006. The specifics of the charges include: 2. Violence to new foods, life, health and physical or mental well-being of essay about in china persons, in trying essay particular murder *2. Physical violence and mental suffering. 3. Inhumane acts *1. 4. Violence to life, health and nyu personal statements essay physical or mental well-being of persons, in particular cruel treatment *2. Looting and burning.
Terrorizing the civilian population and collective punishments. 6. Acts of terrorism *2. 7. Collective punishments *2. Use of child soldiers. 8. Conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to. participate actively in hostilities. Following that, first accused Hinga Norman was. hospitalized in Dakar to undergo a surgery. Unfortunately, he passed away on 22 February 2007. in Dakar.
On 20 July 2007, the Court issued its judgement and Fofana was found guilty on. Counts 2, 4, 5 and 7. Kondewa is trying, found guilty on Counts 2, 4, 5, 7 and 8. The case against Hinga. Norman was dropped since he is deceased. The Trial Chamber sentenced Fofana to 6 years and. Kondewa to warming, 8 years.
The Appeals phase- Second Accused Moinina Fofana and Third Accused Allieu Kondewa- was. concluded on 28 May 2008. The Appeals Chamber re-sentenced Fofana to 15 years as opposed. to the original 6 year term and Kondewa to 20 years as opposed to the original 8. Mr. Fofana.
never appealed his original sentence. Kondewa appealed but in trying new foods either case, it was the. Prosecution’s appeal for higher sentences that was ruled upon. The convicts are still at the. Special Court premises in Sierra Leone. One of the most controversial aspects of the Civilian Defense Forces (CDF) trial before the. Special Court for Sierra Leone (SCSL) has been whether and how the idea of a ‘just cause’ is.
relevant to the prosecution of international criminal law violations. The idea that the CDF were. fighting for a ‘just cause’ - namely the restoration of the essay on imagery in hamlet democratically elected government of. President Tejan Kabbah - has been raised as a defense to the crimes committed, as material to. establishing the new foods essay elements of the crimes charged, and as a mitigating factor in sentencing.
decisions. Some argue that the of global warming essay idea of a ‘just cause’ has absolutely no place in new foods essay adjudicating. crimes under international humanitarian law, which does and should apply equally to essay on imagery in hamlet, all parties. to a conflict regardless of their reasons for fighting. Others argue that claims of a ‘just cause’ are. relevant to establishing the trying new foods essay nature of the crimes committed and as a mitigating factor in.
sentencing decisions. Both the about human rights in china Majority Opinion in the CDF Appeal Judgment1 and the. Honourable Justice George Gelaga King’s dissenting opinion adopt a different approach and. attempt to trying, differentiate between claims of a ‘just cause’ and the reasons a group has for fighting. In doing so, both opinions help illuminate how the ‘reasons for than, fighting,’ regardless of the. perceived justness of the cause, may be legally and evidentially relevant to adjudicating.
international crimes. While claims of a ‘just cause’ imply that a party was fighting for new foods essay, a. legitimate purpose, or on the ‘right’ side, references to a party’s ‘reasons for fighting’ do not. imply such a normative judgment, and instead are merely descriptive of the end goal or objective. Given that the online idea of a ‘just cause’ is often viewed as a divisive political issue, it might make. sense for internationalized criminal tribunals to absolutely prohibit such considerations from. entering into judicial proceedings. Essay. To be sure, claims of a ‘just cause’ do not provide an excuse. for violations of international humanitarian or criminal law. About In China. If one looks at the underlying. tenants of Just War Theory, as propounded by 16th and 17th century philosophers, a just cause. only provides a group with an essay excuse to resort to war as such.
In fact, one of the defining. elements of a Just War was that the party must fight the war ‘justly’ - that is, abide by the laws. of war, which today would include international humanitarian and criminal law. While in. principle claims to je vais de faire de mon mieux, a ‘just cause’ have no place in determining whether or not parties to a conflict 1 See Prosecutor v. Fofanah and trying new foods Kondewa, Judgment, SCSL Appeals Chamber, Case No. On Imagery In Hamlet. SCSL-04-14-A (May 28, 2008) [hereinafter CDF Appeal Judgment]. 2 See Prosecutor v. New Foods Essay. Fofanah and Kondewa, Judgment, “Partially Dissenting Opinion of Hon. Justice George Gelaga. King,” SCSL Appeals Chamber, Case No. SCSL-04-14-A (May 28, 2008) [hereinafter King’s Dissenting Opinion].
are permitted to violate the laws of war, the ‘reasons for fighting’ themselves may sometimes be. evidentially material to establishing the is mightier essay requisite elements of trying essay crimes against humanity, completely apart from the ‘justness’ of these reasons. This paper will provide a brief summary. and analysis of the CDF Appeal Judgment and Justice King’s dissenting opinion, paying. particular attention to disadvantages of global warming, how the ‘reasons for fighting’ may be separated from considerations of.
‘just cause,’ their legal relevance in charges that the CDF committed crimes against humanity. and their use as a mitigating factor in sentencing decisions. ‘Reasons for Fighting’ and the General Requirements of trying Crimes Against Humanity. The CDF Trial Judgment entered verdicts of not guilty for both accused, Moinina Fofana and. Allieu Kondewa, for Counts 1 and essay in hamlet 3, charging crimes against humanity of murder and other. inhumane acts.3 A majority of the new foods essay Appeals Chamber, with Justice George Gelaga King and. Justice Jon Kamanda partially dissenting, reversed these decisions and entered guilty verdicts for. both counts.
The Statute of the SCSL defines crimes against disadvantages of global warming essay humanity as the commission of. “crimes as part of new foods a widespread or systematic attack against any civilian population.” order to establish the commission of essay on imagery a crime against humanity (CAH), the Prosecution needed to. prove beyond a reasonable doubt, inter alia, that attacks by trying, the CDF and the Kamajors were. directed “against any civilian population.” This is one of the a pen general or ‘chapeau’ requirements. for crimes against humanity that must be proven in addition to the actual commission of trying the. specific crime, i.e. Essay About. murder.5 The Trial Chamber found that the Prosecution had not established. this requirement beyond reasonable doubt, based on evidence that attacks by the CDF and the.
Kamajors were directed against rebel forces, specifically the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council (AFRC), and the Prosecution’s admission that the. CDF and the Kamajors “fought for the restoration of democracy.”6. On its first ground of appeal, the Prosecution submitted that the Trial Chamber had erred in both. law and fact in not finding this general requirement of an attack directed against any civilian. population.7 The Prosecution first submitted that the Trial Chamber erred as a matter of law in 3 See Prosecutor v. Norman, Fofanah and Kondewa, Judgment, SCSL Trial Chamber I, Case No. SCSL-04-14-J. (August 2, 2007) [hereinafter CDF Trial Judgment].
4 See the Statute of the Special Court for Sierra Leone, Article 2. 5 See Steven R. Ratner and trying essay Jason S. Abrams, Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, 2001), pp. 58-79. 6 CDF Trial Judgment, para. 693.
7 Prosecution Appeal Brief, para. 2.5. basing its finding on evidence that attacks were directed against the rebels or juntas.8. Prosecution argued the Trial Chamber effectively adopted the view that, as a matter of law, an. attack cannot be directed against a civilian population if there are civilian casualties during an. attack against opposing military forces.
The Prosecution further argued the Trial Chamber erred. as a matter of law in finding that the CDF ‘fought for the restoration of democracy,’ because this. is not and disadvantages should not be a material consideration in determining whether or not crimes against. humanity were committed, given that international humanitarian law applies equally to all parties. To this end, the Prosecution submitted that a distinction must be drawn between. the purpose and the target of the attack, and that the purpose - i.e. fighting for the restoration of. democracy - is not relevant to ascertaining the target - i.e. Trying Essay. a civilian population. In its Response Brief, the Defense for Fofana maintained that the CDF attacks were never. directed against the civilian population but against military targets, and in hamlet that many acts of the. Kamajors were isolated, random and unauthorized by the CDF.10 In addition, the Defense.
submitted that the CDF’s policy was never to trying new foods essay, terrorize civilians, since this would be contrary to. protecting civilians from rebel forces, the main purpose behind the establishment of the CDF.11. The Defense counsel for Kondewa submitted that the essay finding that the CDF fought to restore the. democratically elected government is in fact relevant to establishing that the civilian population. was not the specific or primary target of the trying essay attacks.12 This argument implies that the reasons for.
fighting, which sometimes may unfortunately be portrayed as a ‘just cause,’ should have legal. importance for establishing or disproving the necessary context for crimes against humanity. Kondewa’s defense essentially argued that the existence of a plan or policy -which is je vais de faire mieux, often. established through evidence of new foods essay a party’s ‘reasons for fighting’ or their objective - has been. found relevant to proving that an attack was directed against essay a civilian population in the. jurisprudence of the International Criminal Tribunal for trying, the Former Yugoslavia (ICTY) and the. International Criminal Tribunal for Rwanda (ICTR).13.
For this reason, it should also be. evidentially relevant to proving that an attack was not directed primarily against essay a civilian. population. The Defense’s argument is subtle and one must be careful not to place too much 8 Prosecution Appeal Brief, para. Trying. 2.16; CDF Trial Judgment, para. About. 693. 9 Prosecution Appeal Brief, para. 2.51.
10 Fofana Response Brief, para. 6. To support this, Fofana’s Defense refers to the Trial Chamber’s finding that. “[a]lthough the CDF were a cohesive force under one central command, there were some fighters who acted on their. own without the knowledge of trying new foods essay central command.” Ibid., para. 7. 11 Ibid., para. 16. 12 Kondewa Response Brief, para. 1.8.
13 Ibid. See also, CDF Appeal Judgment, para. Essay. 241. emphasis on how the trying essay reasons for fighting can help establish the absence rather than the presence. of a particular policy.
Nevertheless, it highlights the fact that descriptive evidence of a party’s. reasons for a pen is mightier, fighting are evidentially relevant to essay, elucidating the underlying objective - and thus in. some cases the object or target - of a party’s military operations. If one considers in more detail the required context for the commission of crimes against. humanity, one begins to see how and why the reasons for fighting are legally and evidentially. relevant.14 Firstly, it is important to note that the concept of an ‘attack’ in the context of CAH is. distinct from the concept of an attack or armed conflict in the context of war crimes.
A military. operation is not necessarily an attack against a civilian population even if - or because - breaches of the laws of statements essay war occur or there are heavy civilian casualties. The contextual CAH. prerequisite of an ‘attack’ is only established to trying essay, the extent that a military operation can be shown. to be aimed or directed at essay on imagery in hamlet a civilian population. More specifically, a court must determine that. the attack was directed primarily against a civilian population, and was not just the consequence. of an excessive use of military power.
The CDF Trial Chamber did adopt this dictum from the. ICTY Appeals Chamber15 that ‘directed against’ in the context of trying new foods CAH implies that the civilian. population is the primary object rather than an incidental target of an attack. An attack can still. be considered as primarily directed against a civilian population if the court is satisfied that in. pursuance of a military purpose, a party to a conflict has specifically or indiscriminately targeted. the civilian population within those places over which it wished to gain military control.
However, civilian casualties do not in and of themselves render the disadvantages of global warming attack as one directed. ‘against a civilian population’ for the purposes of new foods essay CAH. The question then is how a Court. ascertains that an attack is directed against a civilian population, particularly if it is in on imagery pursuance. of a military purpose. Here the ad hoc tribunals have largely relied on evidence of whether there. is a political objective or a plan pursuant to which the attack is new foods essay, perpetrated or an ideology, in the. broad sense of the word, to destroy, persecute or weaken a community.16 The Blaskic Trial 14. For good overviews of the disadvantages essay development of crimes against humanity and their elements, as well as pertinent.
judicial decisions, see Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003): 64- 95; Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002): 85-128; Gunal Mettraux, “Crimes Against Humanity in the Jurisprudence of the trying new foods International Criminal Tribunals for dissertations online, the. Former Yugoslavia and for Rwanda,” 43 Harvard International Law Journal (2002): 237-316. 15 See Prosecutor v. Kunarac et al, Judgment, ICTY Appeals Chamber, Case No. Trying New Foods Essay. IT-96-23 IT-96-23/1-A (12 June.
2002) [hereinafter Kunarac Appeal Judgment], para. 92. See also CDF Trial Judgment, para. 114. 16 See Prosecutor v. Tihomir Bla#61676;kic, Judgement, ICTY Trial Chamber, Case No. IT-95-14-T (3 March 2000) [hereinafter Blaskic Trial Judgment], paras. 203-206.
Chamber, for instance, did consider whether the attacks in disadvantages question were designed to be. responses to military aggression or had military objectives.17 In the context of the conflict in essay the. former Yugoslavia and the systematic nature of attacks that were directed against specifically. Muslim civilian populations, it concluded that the attacks could not have been justified by. The ICTY has adopted a liberal interpretation of the term ‘civilian,’ which the rights SCSL has largely. followed. For instance, the trying essay ICTY has held that ‘civilian’ includes victims who at dissertations online one time bore. arms, and that at new foods a minimum the “Prosecution must show that the perpetrator could not. reasonably have believed that the victim was a member of the armed forces.”18. international law, as well as the jurisprudence of the ICTY and ICTR, the victims of CAH may.
include military personnel or rebel forces who are hors de combat - who have laid down arms or. are injured.19 However, the targeted population must still be predominantly civilian in nature, and non-civilians are victims because of statements their membership or presence within the civilian. population that is targeted by trying, the accused or the attack. The ad hoc tribunals have also emphasized the policy of targeting civilian populations as an. important part of the context of CAH. In fact, “[i]t is the existence of uk phd such a policy that endows. the criminal act with a great dimension which warrants its punishment as a crime against.
A policy of attacks against a civilian population is one of the main aspects of. proving the commission of a CAH, and is often used to establish the ‘systematic’ component of. such attacks. This supports the argument that the grounds for trying, commission or the reasons for. fighting - which are often outlined within a group or organization’s official policy - are very. much relevant to elucidating whether or not such a policy was intentionally targeting civilian. populations or alternatively solely military targets or rebel forces. While they are not necessarily. determinative, the reasons for fighting do provide evidence either supporting or undermining the. contention that particular attacks were direct against a civilian population, and thus cannot.
automatically be discounted. Of Global Essay. Both the trying new foods essay Majority Opinion and Justice King’s Dissenting Opinion 17 See ibid., paras. 425-28, 573-79, 623-34, 676-78. 18 Prosecutor v. Kunarac et al, Judgment, ICTY Trial Chamber, Case No. IT-96-23-T IT-96-23/1-T (22 February. 2001) [hereinafter Kunarac Trial Judgment], para.
435. 19 See Prosecutor v. Mrksic and Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT- 95-13/1 (27 September 2007), paras. 29-32; Blaskic Trial Judgment, paras.
210, 216; Prosecutor v. Kayishema and. Ruzindana, Judgment, ICTR Trial Chamber, Case No. ICTR-95-1-T (21 May 1999) [hereinafter Kayishema Trial. Judgment], para. 127. 20 Kayishema Trial Judgment, paras.
124-6. recognize this, but address the essay in hamlet distinction between a ‘just cause’ and the reasons for fighting. differently, based on how they interpret the argument that the trying CDF were fighting for the. restoration of is mightier a democratically elected government. The Appeals Chamber, in trying its majority opinion, first denied the Prosecution’s argument that the. Trial Chamber made its finding that the CDF fought for the restoration of democracy a decisive. consideration in its judgment.21 Not surprisingly, it emphatically rejected the online idea that fighting.
for the restoration of democracy could provide a justification for the commission of crimes. against humanity. However, instead of attempting to differentiate between the idea of a ‘just. cause’ as justification and essay the ‘reasons for fighting’ as material to the determination of the. context of CAH, the Appeals Chamber instead decided to interpret the Trial Chamber’s judgment. as not heavily relying on essay human in china the finding that the CDF were fighting for trying, the restoration of democracy. For this reason, the Appeals Chamber did not consider whether or how the finding could be. material to the contextual elements of CAH. It did, however, note the argument of warming Kondewa’s. Defense Counsel that because the reasons for fighting can be evidentially material to establishing.
a policy of attacking civilian populations, they should also be evidentially material to. establishing the absence of such a plan.22. The Appeals Chamber also denied the Prosecution’s alternative submission of legal error, that. the Trial Chamber had rejected the trying essay possibility that civilians were targeted merely because there. was evidence of essay attacks directed against rebel forces. The Appeals Chamber was unable to. conclude that the trying new foods essay Trial Chamber considered as a matter of law that a military attack cannot. coexist with an attack directed against rights any civilian population.23 Thus the Appeals Chamber did. not reverse the Trial Chamber’s verdict of new foods essay not guilty on the basis of the misapplication of the.
legal principles of is mightier than CAH. In his dissenting opinion, Justice King first considered whether the finding that the CDF was. ‘fighting for the restoration of democracy’ is a material consideration in determining whether a. civilian population is the primary object of an attack. While he agreed with the Prosecution’s. contention that international humanitarian law applies equally to all sides of a conflict, he did not. think the Trial Chamber was necessarily referring to which side of the conflict was in the right.
21 CDF Appeal Judgment, para. 247-9. 22 Ibid., para. 241. 23 Ibid., para. 251-2. For him, the Trial Chamber was actually referring to the fact that the object of essay attacks by the. CDF and the Kamajors was the uk phd dissertations AFRC and the RUF, in order to restore the elected government. For Justice King, this is a relevant factor in evaluating the “totality of the evidence” to determine. whether or not the attacks were primarily directed against civilians or, alternatively, rebel. forces.24 In particular, it is a relevant factor in essay determining whether the charges put forth in in hamlet the.
Prosecution’s indictment - that the CDF was fighting to trying essay, gain control of the territory and. population of Sierra Leone - had been sufficiently proven.25. Justice King argued that the evidence did not support these charges, given that the nyu personal essay CDF were. fighting to restore the democratically elected government and not to trying, “gain complete control over. the population of Sierra Leone.”26 While he stated numerous times that the nyu personal statements reasons for fighting. were materially relevant, he did not specify how exactly they might be important in determining. whether the attacks were directed against the civilian population. One could further elaborate on. Justice King’s position to new foods, argue that the nyu personal statements essay reasons for fighting provide evidence of the object of. attack and not simply the new foods essay purpose of the attack.
Often, the reasons for disadvantages essay, fighting or the purpose of. an attack - the very policy behind the attack that must be established to prove the trying essay systematic. requirement of the CAH - will inform which objects of attack are chosen. While the about human rights in china two are not. equivalent, they are also not mutually exclusive.
The purpose of the attack can elucidate what. the intended targets were, but it is not exclusively determinative of those targets. The second issue raised by the Prosecution on appeal was whether the Trial Chamber erred as a. matter of essay fact in finding the absence of of global attacks directed against trying new foods essay a civilian population. Essay In Hamlet. In. reviewing the Trial Chamber’s findings that attacks were not directed against any civilian. population, the Appeals Chamber first noted that this conclusion was “devoid of articulation of. its reasoning” and that the Trial Chamber “misdirected itself when applying the [legal] principle. it had already stated, by confusing the new foods essay target of the attack with the purpose of the attack.
When. the target of the attack is the civilian population, the purpose of that attack is immaterial.”27. While this latter statement is certainly true, the Appeals Chamber put the cart before the horse. The issue before both the Trial and the Appeals Chamber was whether a civilian population was. the target, and the purpose of the attack can be evidentially relevant in essay rights adducing whether this is 24 King’s Dissenting Opinion, paras. 28-9. 25 CDF Indictment, para. New Foods. 19. 27 CDF Appeal Judgment, paras. 298, 300. the case; only if and when it is found that a civilian population was the target, does the purpose.
of the attack lose its relevance and become immaterial. In other words, the purpose of the attack. is material to whether a civilian population is the target but only becomes immaterial when a. civilian population is the target. The Appeals Chamber then reviewed the record with respect to each attack and uk phd online found sufficient. evidence of targeted attacks against civilians as a group or population. Of particular importance. for the new foods Appeals Chamber was the Trial Chamber’s own finding that there were incidents when. the CDF or the je vais Kamajors committed crimes after combat operations against the AFRC had.
The Appeals Chamber thus granted the Prosecution’s submission of an error of. fact and reversed the acquittals on the basis of its own findings of trying new foods fact. This is particularly. important if one considers the rationale behind and normative desirability of appellate review of. acquittals, addressed below.
Justice King dissented as to whether the essay on imagery attacks by the CDF and Kamajors were in fact directed. against any civilian population. He disagreed with the Appeals Chamber’s findings that in. Tongo, Bo, Kenema and trying new foods essay Korbondo, the Kamajors and the CDF engaged in attacks directed. against the civilian population. He first considered whether attacks in these areas had a military.
objective, and supported the Trial Chamber’s findings, for nyu personal essay, example, that these attacks were. military operations against rebels in Tongo and that there were only eleven civilian casualties in. Although this is never fully elaborated, Justice King could have further argued that. such attacks cannot be considered directed against a civilian population, because they were. military operations not directed against new foods essay civilians per se (so do not satisfy the systematic or policy. requirement for CAH), and in hamlet the extent of civilian casualties was not sufficiently widespread to. constitute a crime against humanity (under the alternative widespread requirement). Justice King argued that the Trial Chamber looked for relevant legal authority and principles and.
applied those principles to the factual findings made. He thus disagreed with the essay Appeals. Chamber’s contention that the Trial Chamber’s opinion is devoid of “articulation of about rights its. He also disagreed with the Prosecution’s charge that it is “apparent” from the Trial. Chamber’s findings that it considered, as a matter of trying law, that an attack is essay in hamlet, not “directed against. the civilian population if civilians are attacked in the course of attacks directed against opposing 28 CDF Appeal Judgment, para. 305; CDF Sentencing Judgment, para. 85. forces,” a contention that a majority of the Appeals Chamber also rejected.29 Justice King. argued that this view cannot be attributed to the Trial Chamber, because it did examine the.
evidence and then arrived at the conclusion that the evidence did not prove beyond a reasonable. doubt that the civilian population was the primary - as opposed to an incidental - object of the. Justice King also did not agree with the Appeals Chamber’s view that the Trial Chamber. confused “the target of the new foods essay attack with the purpose of the attack.”30 For Justice King, the essay on imagery in hamlet Trial. Chamber was actually saying that the Prosecution had not proven that the civilian population was. the primary object or target of the attack, and that there was substantial evidence supporting a. finding the primary object was the AFRC and its allies (a military target) and not the civilian. population.31 Though Justice King never explicitly makes this point, he could have argued that. while the purpose of the attack may not be determinative, it is in fact entirely relevant to. establishing the target of the attack, given that the objective or purpose of a particular attack. partly determines the objects or targets against which it is directed.
This is new foods, especially relevant in. ascertaining whether the contextual requirements for CAH - a widespread or systematic attack. against any civilian population - have been established. Justice King’s dissent partially derives from the role he argued the Appeals Chamber should. adopt in reviewing findings of fact, particularly on appeals from than a sword acquittals. For Justice King, the. Appeals Chamber should not usurp the new foods essay Trial Chamber’s power to enter findings of fact in the. first instance, because it “has not heard the evidence and it might select pieces of evidence which. tend to support its findings of fact, whereas countervailing evidence may, in disadvantages essay the circumstance, not be given the weight that the new foods Trial Chamber, which saw and heard the witnesses, gave to essay human, it.”32. Thus the Appeals Chamber should largely defer to the Trial Chamber’s findings of fact, and it is.
“only where the evidence relied on trying new foods by the Trial Chamber could not reasonably have been. accepted by any reasonable person that the Appeals Chamber can substitute its own finding for. that of the Trial Chamber.”33 This is particularly true when the Appeals Chamber is considering. an appeal from an acquittal. While legally, under international law, an appellate court can. reverse an acquittal on the basis of errors of law and fact, from a normative point of view one 29 Prosecution Appeal Brief, para. 2.16. 30 CDF Appeal Judgment, para. 304. 31 King’s Dissenting Opinion, para.
53. 32 Ibid., para. 44. 33 King’s Dissenting Opinion, para. 55, quoting ICTY Delalic et al, Appeal Judgment, para. 458. can argue that it should be especially careful in doing so solely on the basis of errors of fact, given that this conflicts with the idea of double jeopardy in some legal systems.
While civil and human rights common law systems differ substantially in the scope of appeals permitted, if. one reviews the various proposals put forth during the drafting of the ICTY Statute, on which the. SCSL Statute is largely based, only one proposal put forth by trying essay, the Organization of the Islamic. Conference suggested that prosecutorial appeals should be permitted on both issues of a pen is mightier essay law and. fact.34 The majority of the proposals either suggested no basis for essay, prosecutorial appeals, or that. such appeals should be limited to reviewing errors of law. With no clear rationale or.
commentary, but arguably to appease all of the je vais mieux negotiating parties, the adopted ICTY Statute. provided for a wide scope of appeal for both the prosecution and the defense. supports the idea of a broad provision of ‘equality of arms.’ However, the primary justifications. for appellate review in ad hoc tribunals, namely consistency of trying new foods essay decisions and disadvantages of global the development of. law, do not usually apply to appellate review of findings of new foods fact, given that factual decisions have. little if any relevance beyond the individual case.35.
Common law systems generally do not allow factual review of acquittals in about human rights trials by a jury or. bench trials, since this violates the presumption of innocence. New Foods Essay. Civil law systems vary depending. on the structure and essay rights in china trial process of their lower and new foods upper courts. About. One justification put forth for new foods essay, a. broad scope of je vais de mon appellate review is justice in the individual case. Appellate review of factual. issues in the case of reviews of convictions certainly does further the interest of justice in the. individual case, given the severity of the punishment that accompanies a conviction. It is. debatable whether appellate review of factual issues in the case of acquittals also furthers this. interest.
For example, if the trying essay appellate court reaches a different conclusion regarding the facts, this in itself might demonstrate ‘reasonable doubt,’ indicating that the prosecution has not. fulfilled its burden of proof. In the ad hoc courts, an acquittal by disadvantages of global warming essay, a three-judge panel is arguably. less likely to be subject to evidentiary misunderstandings than a jury verdict or a verdict by a. single judge, and thus the practical need for prosecutorial appeals from acquittals on questions of. fact is reduced.36. In fact, if any error in interpreting or evaluating the evidence is made, it is more. likely to be made by new foods essay, the Appeals Chamber, which is further from the record and the witnesses. 34 See Mark C. Fleming, “Appellate Review in the International Criminal Tribunals,” 37 Texas International Law. Journal (2002): 111-155, at 118-19. 35 Ibid., pp. 135-6.
36 It should be noted that this criticism does not apply to is mightier a sword essay, prosecutorial appeals on essay issues of fact where the defendant. bears the burden of of global proof, for instance if the Trial Chamber acquitted on the basis of an trying new foods essay insanity defense. One commentator has argued that the “legitimacy of the international tribunals, which relies in. large part on je vais their ability to deliver fair justice through fair procedures, could be compromised if. the accused is in danger of trying essay being convicted as long as one of two chambers concludes that he is. guilty.
The interest in preserving justice in the individual case recommends that a conviction. stand only nyu personal essay if both chambers agree that a conviction is reasonable in light of the evidence.”37. because Article 20 of the Statute of the SCSL provides for a broad scope of prosecutorial appeal. on acquittal does not in itself normatively justify appellate review of questions of fact in the case. of an acquittal and does not lessen the severity of the trying new foods essay criticisms levied against this practice. While in the near future, a broad scope of prosecutorial appeal is disadvantages of global warming, likely to be retained in the ad. hoc tribunals, it is an issue underpinning Justice King’s dissent in the CDF Appeal Judgment and. one that deserves further consideration as international criminal procedure develops. Mitigating Factors in Sentencing Decisions: CDF’s ‘Just Cause’ and Motive of trying new foods Civic Duty. The sentencing inquiry undertaken by Trial Chambers in the ad hoc tribunals entails wide.
discretion and dissertations is similar to essay, that in nyu personal essay common law countries, where there are no fixed penalties and. courts are not constrained by previous sentences that have been handed down. Instead, sanctions. are purportedly tailored to new foods, fit the unique circumstances of each offence and the individual. circumstances of the offender. Central to this inquiry is the principle of proportionality - that the. severity of the sanction should be commensurate with the gravity of the offence.38. the length of a sentence, a Trial Chamber is first required to establish a penalty proportionate to. the seriousness of the crime and disadvantages of global essay then required to take into account any individualized. aggravating and mitigating circumstances, though the trying new foods essay ad hoc tribunals have rarely indicated the. weight given to each consideration.
The aggravating circumstances should be proven beyond. reasonable doubt, while mitigating factors may include those not directly related to the offence. and only need to be established by a balance of probabilities.39. Although the tribunals have proffered a number of rationales for sentencing, their decisions. rarely elaborate on how the sentences imposed will actually further these objectives. As some. commentators argue, international sentencing law is so “indeterminate that sentencers are free to 37 Fleming, p. Of Global Essay. 140. 38 For an overview of the sentencing practices of the ad hoc tribunals, see Mirko Bagaric and John Morss, “International Sentencing Law: In Search of Justification and a Coherent Framework,” 6 International Criminal Law. Review (2006): 191-255. 39 See, for trying, example, Prosecutor v. Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No.
IT-94-2- S (18 December 2003), para 145. switch from one rationale to another as they choose.”40. Another commentator has suggested that. international sentencing practices may actually undermine the legitimacy of the international. criminal justice system and essay human its contribution to local or more holistic processes of transitional. justice, by not adequately “relating the outcomes of essay international sentencing to local perceptions. of justice.”41 Supporting this skepticism is the fact that it is statements essay, difficult to empirically substantiate.
claims that international sentences do in fact contribute to the rationales often advanced, such as. peace, reconciliation, retribution or deterrence. This implies that the gap between “what victims. and victimised communities perceive as justice and what passes as international criminal justice” Though it is debatable whether this critique can really be generalized to new foods, all ad hoc. tribunal decisions, the difficulty of uk phd dissertations relating an internationalized form of justice in the form of. international sentences to the local context of Sierra Leone is particularly apparent in the diverse.
reactions by Sierra Leoneans to the CDF Appeals Judgment. The Trial Chamber in trying new foods the CDF case held, with Justice Bankole Thompson dissenting, that there. was no defense of ‘necessity’ in international criminal law, and is mightier a sword that ‘necessity’ could not be. taken into account as a mitigating factor in sentencing. However, the Trial Chamber did. consider as mitigating factors that the Defendants and the CDF/Kamajors were “fighting to. support a legitimate cause which. was to restore the democratically elected government of.
President Kabbah,” that they fought with the support of trying new foods essay ECOMOG, and that this “contributed. immensely to re-establishing the rule of law.”43 It also concluded that “the contribution of the. two Accused Persons to the establishment of the much desired and awaited peace in Sierra Leone. and the difficult, risky, selfless and for a very sizeable number of a pen than their CDF/Kamajors, the. supreme sacrifices that they made to trying essay, achieve this through a bloody conflict, is in itself a factor. that stands significantly in mitigation in online their favour.”44. With regard to motive of civic duty, it. found that the Defendants did not join the conflict for ‘selfish reasons’ and that they “acted from. a sense of civic duty rather than for personal aggrandizement or gain.”45. 40 Bagaric and Morss, at 208.
41 Ralph Henham, “International Sentencing in the Context of Collective Violence,” 7 International Criminal Law. Review (2007): 449-468, at 451. 43 CDF Sentencing Judgment, paras. 79, 83, 87. 44 Ibid., para.
91. 45 Ibid., para. Trying Essay. 94. On appeal, the about human in china Prosecution alleged ten errors of the new foods Trial Chamber in je vais essayer its sentencing decision. The Appeals Chamber gave credence to only one alleged error, that of “treating the new foods essay ‘just cause’ of the Accused as a mitigating factor” and human considering motive of ‘civic duty.’46 The Prosecution.
submitted that the Trial Chamber effectively found that fighting on the ‘right’ side of a conflict. could serve as a mitigating factor in sentencing, and that accepting the so-called ‘justness’ of the. party to the conflict during mitigation would “almost certainly lead to a total disregard for. humanitarian law.”47 The Prosecution finally submitted that the Trial Chamber’s treatment of. ‘motive of civic duty’ as a mitigating factor was also based on an assumption that the Defendants. were fighting on the ‘right’ side of the conflict. In response, the Defense for Fofana submitted that motives of either so-called ‘just cause’ or. ‘civic duty’ are part of the factual and contextual differences that the trying Trial Chamber must. consider in individualizing the punishment, and that the Trial Chamber didn’t consider whether. the Defendant fought on the ‘right’ side of the in hamlet conflict per se, but merely whether he had a ‘good. motive.’48 The Defense for trying essay, Kondewa also submitted that because an essay on imagery ‘evil motive’ can be.
considered an aggravating factor in sentencing decisions, a ‘good motive’ can similarly be. considered a mitigating factor.49. The Appeals Chamber first noted that as a general matter, motive may be considered for. sentencing purposes, although it does not constitute a defense against criminal liability. New Foods. This is.
supported by the fact that the ICTR, to which the SCSL may refer for on imagery in hamlet, sentencing practices, often. considers the character and essay motive of the dissertations accused during the conflict as a mitigating factor.50. However, the Appeals Chamber then argued that the political motive of ‘just cause’ had no place. in international criminal justice, and that international humanitarian law “specifically removes a. party’s political motive and the ‘justness’ of a party’s cause from consideration.”51 While this is. certainly true, political motives only have no place in international humanitarian law when.
considering the guilt or innocence of the accused. Though the new foods ad hoc tribunals generally render. their judgments and sentencing decisions together, for reasons of procedural efficiency, 46 Prosecution Appeal Brief, para. 4. 47 Prosecution Appeal Brief, para. 9.39. 48 Fofana Response Brief, paras. 193-6. 49 Kondewa Response Brief, paras. 9.38-9.39, citing Blaskic Trial Judgment, para.
785. 50 For an nyu personal statements essay overview of the trying new foods essay sentencing practices of the ICTR, see the about rights in china Human Rights Watch report on “Charging, 51 CDF Appeals Judgment, para. 530-1. sentencing decisions are discrete and independent judgments that take into account different. factors than judgments concerning the guilt or innocence of the accused.52. The Appeals Chamber further argued that any motive considered by the Trial Chamber must be. “consistent with sentencing purposes,” referring to those ‘legitimate’ rationales elaborated by trying, the. ICTY, which include: individual and general deterrence; retribution; public reprobation and.
stigmatization by essay, the international community; and rehabilitation. The Appeals Chamber. considered the primary objectives to be retribution and essay deterrence.53 It argued that allowing. mitigation for the personal motives of an essay accused would undermine the purposes of sentencing. rather than promote them, and would implicitly legitimize the essay unlawful conduct.54. concluding, the Appeals Chamber noted that the most important consideration in sentencing is. the “revulsion of mankind, represented by the international community” and not the “tolerance. by a local community of the crime; or lack of public revulsion in relation to the crimes of such. community; or local sentiments about the persons who have been found guilty of the crimes.”55.
Thus, the je vais essayer de faire de mon mieux Appeals Chamber held that the Trial Chamber erred by new foods essay, considering ‘just cause’ and. ‘motive of civic duty’ as relevant factors in its sentencing decision, and that the Appeals. Chamber had the essay in hamlet ability to revise these sentences. Justice King dissented on both issues, arguing. that the Appeals Chamber interfered with the discretion afforded to the Trial Chamber in. determining the appropriate penalties. Justice King argued that the Trial Chamber did not take into account ‘just cause’ as a mitigating. factor, but rather what the Defense had in fact pleaded - that the fighting was mobilized in order. to restore the trying essay democratically elected government of. President Kabbah, without implying any.
normative evaluation about whether this end was ‘just.’56 The Trial Chamber Justices. themselves only mentioned the phrase ‘just cause’ in rejecting the defense of necessity raised by. Justice Bankole Thompson in disadvantages of global warming his Dissenting Opinion. New Foods. Justice King thus appeared to be arguing. (a) that the in hamlet Defense never pleaded just cause as a mitigating factor, and thus the Trial Chamber.
did not consider it as such; and (b) that when the Trial Chamber considered the trying essay argument that the. CDF and the Kamajors were fighting to restore the democratically elected government as a 52 For this argument, see Ralph Henham, “Procedural justice and human rights in international sentencing,” 4. International Criminal Law Review (2004): 185-210. 53 Ibid., para. 532. 54 Ibid., para. 534. 55 Ibid., para. 564. 56 King’s Dissenting Opinion, para.
107. mitigating factor, this is not equivalent to considering a ‘just cause’ argument because the je vais de faire de mon Trial. Chamber was considering the personal reasons for fighting held by the accused as individuals. and not necessarily the political justness of the collective cause. In Justice King’s opinion, a. reasonable person would conclude that the Trial Chamber took into account both the gravity of.
the offence and the individual circumstances of the accused, and trying so correctly applied Article 19. of the Statute of the SCSL.57 For this reason, he dissented with the Majority’s view that the Trial. Chamber took into essay about human rights in china, consideration factors that it should not have considered in exercising its. sentencing discretion, and so the Appeals Chamber did not have the right or the power to. substitute its own discretion.
The essence of the disagreement between the majority of the Appeals Chamber and Justice King. relates to whether the mitigating factors considered by new foods essay, the Trial Chamber were personal motives. or factors, which are entirely pertinent to sentencing decisions, or collective and effectively. ‘political’ motives that do not enter into determinations of uk phd dissertations penalties. One could argue that the. Appeals Chamber was so concerned with preserving the appearance of impartiality and trying avoiding. a perception of ‘victor’s justice’ that it entirely refused to consider the guilt of the CDF relative. to the other parties of the conflict. It is perhaps for essay about rights, this reason that the CDF Appeals Sentencing.
Decision gave rise in some circles to trying new foods essay, the perception of a gap between ‘internationalized justice’ and ‘local justice.’ However, the fact that the Appeals Chamber strove to avoid the perception of. ‘victor’s justice’ in and of itself is a laudable undertaking. Essay On Imagery. Yet in doing so, the Court overlooked. the fact that the new foods SCSL is required to take into account individual factors that bear - not on nyu personal essay the. relative guilt or innocence of the accused - but on the extent of their punishment. majority of the essay Appeals Chamber appears to essayer, have reached an appropriate judgment in deciding. that the justness of a party’s reasons for trying essay, fighting is not relevant to sentencing, the personal. reasons of the accused for fighting - in the descriptive sense - should bear on his or her conduct. during the essay about conflict and thus act as an individualized mitigating factor during sentencing.
In the. future, the ad hoc tribunals should be careful to trying new foods, clearly differentiate between collective political. motives - such as a ‘just cause’ - and these personal political motives that bear on the conduct of. the accused during the conflict. 57 Ibid., para. Uk Phd Online. 115-116. Prosecutor v. Trying New Foods. Tihomir Bla#61676;kic, Judgment, ICTY Trial Chamber, Case No.
IT-95-14-T (3 March. Prosecutor v. Fofanah and Kondewa, Judgment, SCSL Appeals Chamber, Case No. SCSL-04- 14-A (May 28, 2008). Prosecutor v. Kayishema and Ruzindana, Judgment, ICTR Trial Chamber, Case No. ICTR-95-1- Prosecutor v. Kunarac et al., Judgment, ICTY Trial Chamber, Case No. IT-96-23-T IT-96- 23/1-T (22 February 2001). Prosecutor v. Uk Phd. Kunarac et al., Judgment, ICTY Appeals Chamber, Case No. New Foods. IT-96-23 IT-96-
23/1-A (12 June 2002). Prosecutor v. Mrksic and Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT-95-13/1 (27 September 2007). Prosecutor v. Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No. Nyu Personal Statements Essay. IT-94-2- S (18 December 2003). Prosecutor v. Norman, Fofanah and trying new foods Kondewa, Judgment, SCSL Trial Chamber I, Case No.
SCSL-04-14-J (August 2, 2007). Articles and Books. Mirko Bagaric and John Morss, “International Sentencing Law: In Search of Justification and a. Coherent Framework,” 6 International Criminal Law Review (2006): 191-255. Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003). Mark C. Fleming, “Appellate Review in the International Criminal Tribunals,” 37 Texas. International Law Journal (2002): 111-155. Ralph Henham, “International Sentencing in the Context of Collective Violence,” 7 International. Criminal Law Review (2007): 449-468. Ralph Henham, “Procedural justice and human rights in international sentencing,” 4. International Criminal Law Review (2004): 185-210.
Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002). Gunal Mettraux, “Crimes Against Humanity in the Jurisprudence of the International Criminal. Tribunals for the Former Yugoslavia and for Rwanda,” 43 Harvard International Law Journal. Steven R. Ratner and Jason S. Abrams, Accountability for essay human in china, Human Rights Atrocities in. International Law: Beyond the Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, About the Author. Cosette Creamer is new foods, a J.D.-Ph.D. candidate at Harvard University, Department of Government. and worked as a legal intern for the Sierra Leone Court Monitoring Program during the Summer. The publication of this essay has been financed by the Open Society Initiative for nyu personal essay, West. Africa (OSIWA). New Foods. The Contents of this Publication are entirely the sole responsibility of.
the Sierra Leone Court Monitoring Programme. Sierra Leone Court Monitoring Programme. 30 Wellington Street, Freetown, Sierra Leone. Tel: +232 (0)33 445 287. Photo: The late Hinga Norman, former head of nyu personal Sierra Leone’s CDF. A new approach in trying essay an imperfect world. Commentary By J Boima Rogers, Oxford, UK.* The current Syrian quagmire which has spilled over to Europe in the form of the refugee crisis gives grounds (. ) Analysis | September 2015 | 8539 views. Ebola persists but raging heads fight about politics. By Titus Boye-Thompson, Freetown, Sierra Leone. It is a shame that while Ebola rages in Freetown and the North of je vais essayer de mon mieux Sierra Leone some still fail to have a (. ) Analysis | June 2015 | 8660 views. Credit: Pambazuka News By Karim F Hirji, Tanzania* Retired Professor Hirji, a book addict, has bought copies with frayed, half-torn or missing pages.
He (. ) Analysis | December 2014 | 9111 views. Toronto: Historic APC-Canada branch inauguration at Taj banquet hall. Freetown: RainboCenter may close down soon. JFK makes Commercial Law a priority. Sierra Leone: Threat to peaceful co-existence. Update on APC-Canada inauguration September 30.
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Interrogations through miranda #038; sixth amendment rights. Interrogations through miranda sixth amendment rights. IN 1966, the United States Supreme Court decided a case that established the yardstick in determining the propriety and regularity of a person’s arrest and new foods, placement under custody. The case of Miranda vs. Arizona that has since evolved into a doctrine in constitutional law, particularly in the field of the Bill of Rights and essay on imagery in hamlet, criminal procedure, continues to serve as the trying new foods citizen’s primary safeguard against self-incrimination. Need essay sample on Interrogations through miranda #038; sixth amendment rights ? We will write a custom essay sample specifically for you for only $12.90/page. Due to this long-standing jurisprudence, police authorities have taken great caution in eliciting extra-judicial confessions and statements from suspects and essay about rights in china, prosecutors have taken heed of the new foods implications of the about absence of the so-called Miranda warnings. In the succeeding paragraphs, focus will be made as to when and how the doctrine and principle laid down by essay, the High Court in this case is being used today in criminal prosecution as well as the “gray” or probable areas of contention.
The origins of a doctrine. Sometime in je vais essayer de mon mieux, 1963, Ernesto Miranda was arrested in Phoenix, Arizona. He was identified through a police line-up and after two hours of police custody, he was charged of rape and new foods, kidnapping apparently from previous acts. At any time throughout the duration of his interrogation, he was neither informed of his right against self-incrimination nor was he allowed the presence of and the assistance of his attorney as guaranteed by the Fifth and Sixth Amendments of the Constitution, respectively. Being placed under hostile conditions, the poor Mexican immigrant was coerced into a pen is mightier than a sword a written confession for his charges. New Foods! This confession was then used by the prosecution during the trial which resulted in conviction of guilt on the charges. On appeal, the defense argued that had Ernesto Miranda been properly and promptly informed of his rights as an accused, he would not have confessed to the crime for which he was incarcerated.
As the records reveal, the police admits that they never informed Miranda of his constitutional rights since they assumed that he being previously convicted, would have already been aware of the consequences and implications of his admissions. The Arizona Supreme Court ruled against the appeal. In 1965, the case was elevated to the U.S. Supreme Court and was decided along with four other cases bearing the same issues. In deciding the case, the Court reversed the Arizona ruling and a pen is mightier, said that any evidence or confession obtained during custodial investigations in absence of notice to the accused of his right to remain silent and to counsel shall be inadmissible as evidence against new foods essay him. The establishment of this exclusionary rule of evidence was closely decided in favor of the accused. From a simpler point of view, the case addressed the important role of the je vais de faire police in the arrest of accused. More importantly, it established the guarantee of respect for a person’s right in trying, the administration of law and order.
Pursuant to the ratio decidendi of the case, there are three main reasons why statements taken from an uk phd dissertations online, accused in a police-dominated environment if he or she is not informed of the trying essay right to remain silent are excluded by the law: first, it negates the probability that any form of compulsion is essay about, used in eliciting any statement from the new foods essay accused; second, to ensure compliance by police authorities with their duty of informing persons arrested of their rights; and third, to discourage undesirable compulsive techniques and methods employed by some authorities in coercing confessions and of global, admissions from suspects. It should be considered that this exclusionary rule only applies if the accused knows the person interrogating him or her to be a government agent. Going deeper into discussion, it appears logical to determine at what particular stage of an arrest the doctrine takes its effect. As determined by jurisprudence, the Miranda doctrine applies only when there is an arrest and that the accused is subjected to interrogation by the police authorities during such period. Following this argument, one is therefore inclined to ask: when is there an arrest? An arrest may be defined as the “deprivation of new foods essay, a person of his liberty by legal authority. Thus, any form of deprivation of liberty of a person by the authorities will be considered under the law as being under custody. On the other hand, custodial interrogation means “questioning initiated by law enforcement officers after person is taken into custody or otherwise deprived of his freedom in any significant way. A subjective analysis of this issue of custody will allow us to determine whether the accused was free to leave such custody at his will and pleasure and uk phd dissertations online, as to trying essay whether or not the arresting officers intend to keep the accused against rights his wishes. Trying! A mere invitation for questioning without any coercive element cannot place the doctrine into effect in disadvantages of global essay, this jurisdiction. On the other hand, the objective approach allows more leeway as it relieves the court of the cumbersome duty of determine what the parties think and trying, merely focuses on what would a reasonable man do in such a case.
The Court uses the latter approach. Attention is now diverted to the issue on interrogation or that stage in criminal prosecution that constitutes any form of direct questioning concerning a crime by the police authorities. It is at this stage that a slew of essay on imagery, controversies may arise as police authorities continue to discover and resort to innovative and ingenious ways of squeezing information from suspects and witnesses. In considering whether there is trying essay, already an interrogation being conducted, it will be useful to determine the essay on imagery factors such as the reasonable likelihood of that the questioning will result in an incriminating response, the trying intent of the de faire de mon mieux questioning officer, its connection to the crime, the familiarity of the officer with the suspect, and the accusations made against the accused. So closely contested was the Miranda case by the members of the Supreme Court that it sprung several dissenting opinions from the justices that voted against. The decision was criticized until the essay present for statements essay, its soft approach on criminal justice. In his book Guilty: The Collapse of Criminal Justice, Harold Rothwax wrote that this philosophy “has resulted in a system where we deny people the opportunity to take responsibility for trying new foods, their criminal acts.” According to Rothwax, only a crazy person would admit to criminal guilt. An article by The Washington Post back in December 12, 1999 writes only the most hardened criminals, due mainly with their familiarity with the system, invokes this doctrine. For the less heinous offenders, the reading of the Miranda rights is a mere additional ritual to “putting on the handcuffs and making the trip to the station.” Looking from the other side of the fence, some are less cynical, if not grateful for the benefits that the doctrine has provided.
The Economist in online, its December 1999 issue wrote that “there is little evidence that a significant number of trying new foods essay, guilty people are going free because of the Miranda warning.” This was credited to the fact that as a natural reaction to an alarming situation, persons arrested fail to maintain their silence and request for counsel. For some groups, the ruling in of global warming, the Miranda case strengthened the citizens’ fidelity on a fair and just criminal justice system. The doctrine will also promote honesty among criminals to confess to their crimes, thereby facilitating for their fast reformation as well as benefit the members of the jury as it increases the probability that a true and accurate account of the facts will be presented during trials. Trying Essay! In his article, William G. Otis wrote that “a society that beats confessions out of suspects has lost its morals. But a society that rejects a suspect’s voluntarily given confession has lost its marbles.” Thus, the invocation of the doctrine as a rule of excluding vital evidence must be taken with extreme caution and reason as too lenient application of the rule may allow the guilty to go free on a mere technicality. Miranda and disadvantages warming, the 6th Amendment. In the trying new foods words of Chief Justice Earl Warren, who himself was a former public prosecutor, the majority in the Miranda case spoke that “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of disadvantages of global, procedural safeguards effective to secure the privilege against self-incrimination.” The case takes into consideration the imbalance in status and power between the State and the person and recognizes the advantage that the new foods essay former has over the latter. To ensure that the uk phd dissertations online State and its agents do not exploit this advantage, the Bill of Rights was infused into the Constitution to provide guarantees against possible abuses by the government of its vast powers and resources in coercing its constituents into submission to its will and pleasure to new foods the detriment and statements, mockery of justice and fair play. Considering the complexity of the law and of legal procedures, a layman cannot be expected to fully appreciate the impact or the consequences of his statements, most especially when he or she is faced with the possibility of facing imprisonment of the crime.
Recognizing the need to trying essay assist suspects as well as to protect them from themselves and from unnecessary police harassments, the 6th amendment was enacted into our Bill of Rights such that a person will be convicted solely on his guilt and the upon statements essay, the evidence that may be adduced by the prosecution and not merely because he or she does not know how to defend himself under the law. Florida’s take on the Miranda Rights. In 2005, Florida congressmen sponsored a bill that sought to protect victims of new foods essay, crimes by compelling the courts to statements essay inform them of their rights in every stage of the proceedings. HB 1209 has already been unanimously approved by the House Judicial Oversight Committee in February of that year seeks to impose upon judges the duty to inform a crime victim of their (1) right to be informed; (2) right to be present; (3) right to be heard; (4) right to receive advance notification; (5) right to trying new foods seek crimes compensation and restitution; (6) right to consult with the state attorney’s office; and (7) the right to make an nyu personal, oral or written victim-impact statement at the time of sentencing a defendant. In such an trying, instance, the failure of the essayer de faire presiding judge to make such notice to the victim will not affect the validity of any of the trying aspects of the proceedings. The bill has received support from support from the Governor’s legal office as well as various sectors of the Florida community including the Mothers Against Drunk Driving and the Florida Network of Victim Witness Services. In fact, the Senate version has already been heard by the Criminal Justice committee. The bill is still pending approval in Congress. HB 1209 is reflective of the sentiments of Florida natives on the treatment of criminal acts. De Mon Mieux! In protecting the rights of the victims, they seek to equalize the apparent advantage in trying new foods, rights of the accused which as of the present are more than those of the victim. From a certain point of dissertations online, view, the present legal system in the country seems be overcautious in new foods essay, prosecuting persons as it would rather let a guilty man go free than sending an innocent man to jail.
But from the standpoint of warming essay, Florida representatives, it appears that they seek to take away the seemingly undue advantage that the defense has over the prosecution. From their side of the fence, it’s about time to worry more about the victims of crimes than protecting suspected criminals. But until the doctrine in the Miranda case has been overturned, the principles laid down in the case will continue to protect the citizens, whether they may be proven guilty or not as what the U.S. Supreme Court has promulgated. Even the most earnest desire to see that justice is serve if done in wanton disregard for the constitutional rights of trying new foods, other people particularly their right against self-incrimination and to the assistance of counsel, will not justify the transgression that police authorities will do upon the supreme law of the land to which all other laws must bow down to: the Constitution. The Miranda Rights and the guarantee provided by the 6th Amendment are both pursuant to due process and in the spirit of on imagery in hamlet, justice and fair play. For in this land of the free, no person shall ever be deprived of their life, their liberty, and their property without the observance of due process of law.
1. The United States Constitution. 2. Henry C. Black, M.A. (1990). Black’s Law Dictionary 6th edition. St. Paul, Minn., West Publishing Co.’s. 3. The case of Miranda v. New Foods Essay! Arizona, 384 U.S.
436. 4. Rothwax, Harold. (1996). Guilty: The Collapse of Criminal Justice. New York: Random House. 5. Coughlin, Anne M. (12 December 1999). Miranda Only Works for the Usual Suspects. The Washington Post. 6. Disadvantages Of Global Warming Essay! The Economist (1999). A Pillar of the Law Assailed. volume no. 353 issue no.
8149. 7. Otis, William G. (24 November 1999). Miranda: Morals and Marbles. The Washington Post. 8. The website of landmark cases.org. 9. The website of The Florida Bar News.
 Miranda v. New Foods! Arizona, 384 U.S. 436.  “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in essay, actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of trying new foods essay, law; nor shall private property be taken for public use, without just compensation.” (Ratified December 15, 1791)  “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the statements State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the new foods nature and cause of the in china accusation, to be confronted with the witnesses against new foods essay him, to have compulsory process for obtaining witnesses in essay, his favor, and to have the assistance of counsel for new foods, his defense.” (Ratified December 15, 1791)  Landmarkcases.org, (2007). MIRANDA v. Je Vais Essayer Mieux! ARIZONA: A PRIMER, Constitutional Foundations of Miranda. Retrieved October 31, 2007, from trying essay, landmarkcases.org.  Henry C. Black, M.A. (1990). A Pen Is Mightier Than A Sword Essay! Black’s Law Dictionary 6th edition. Trying New Foods Essay! St. Paul, Minn., West Publishing Co.
 Rothwax, Harold. (1996). Uk Phd Dissertations! Guilty: The Collapse of Criminal Justice. New York: Random House, p. 79.  Coughlin, Anne M. (12 December 1999). Miranda Only Works for the Usual Suspects. The Washington Post. B1.  The Economist (1999). A Pillar of the Law Assailed. v 353 i8149 p. 23.
 Otis, William G. (24 November 1999). Miranda: Morals and new foods, Marbles. The Washington Post: A23.  The Florida Bar News (2005). Nyu Personal Essay! Crime victim bill gets hearing.
Retrieved November 1, 2007, from The Florida Bar News.