Criminal Law 9 Offences Against Property

Theft – The Theft offence is defined under S1 of the ‘Theft act 1968’. Where it provides that if ‘A person dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it,’ will be guilty of the offence. For this charge to be upheld, both the actus Reus and the mens rea have to be established. Actus Reus – Beginning with the physical element of the crime, the actus Reus it is made up of 3 elements – ‘appropriates, property, belonging to another. ’ Appropriation is defined in S3, ‘Any assumption by a person of the rights of an owner amounts to appropriation. This includes coming across the property innocently or not without stealing it and treating the property how the owner would. Examples of this would be using, eating, selling, destroying, lending/hiring the property. The case examples are: ? ‘Pitman v Hehl (1977)’ – ‘defendant sold propert y belonging to another. Offer of sale is an assumption of right. It didn’t matter whether the property was removed or not. ? ‘Morris, (1983)’ – At least one assumption of all the rights Switched price labels in shop. ? ‘Lawrence (1971)’ – With consent An Italian student paying for taxi ride, ? 6 instead of 50p. ‘Gomez’- Lied about cheques so friend could take supplied goods. Dishonestly appropriating goods, induced through fraud, deception or a false representation to consent. ? ‘Hinks’ – Consent without deception, got naive friend to put money in account. Said where gifts however also results to appropriation. Property has been defined under S4; this includes money, real property (buildings and land, personal property, things in action (bank accounts) and other intangible assets. (e. g. Patent) ? Kelly and Lindsay (1998) – Taken body parts from the royal college of surgeons to make casts.Normally dead bodies are not property however; belonged to the royal college. ? A-G of Hong Kong v Chan Nai-Keung- Stolen quota ? Oxford v Moss – Not intangible property , – knowledge of the questions on a exam paper ? Wild mushrooms and plants cannot be property unless it is taken for reward or commercial purposes. Not theft if creatures are wild, but theft if they are in captivity or owned. Belonging to another is defined under S5, ‘property shall be regarded as belonging to any person having possession or control over it, or having in it any proprietary right or interest. Therefore prosecution do not have to prove who the legal owner is. ‘Turner (no. 2) (1971)’ Stealing own car Garage was in control of the property as he left it with them to make repairs and pay thereafter. Guilty, when property may not belong to another. (1) Trust property, where trustee steals it (2) Property received under obligation – ‘Hall, (1972)’ – Travel agent, deposits for client tickets. Klineberg and Marsden,’ Obligation to make deposits in a certain way. Timeshare apartments. ‘Davidge V Bunnett’ Money for bill but didn’t. 3)Property received by another’s mistake – ‘A-G Reference (No 1 of 1983) (1985) – Salary overpaid through bank transfer, had an obligation to repay. Mens Rea – Within the offence of the theft the mental element of the crime the mens rea is the ‘dishonest intention’. Dishonesty, it has to be proved that they defendant appropriated dishonestly, there is no definition under S2 however it states that it is irrelevant whether it was made with a view of gain or own benefit. Therefore meaning if the other entire elements are present the defendant’s motive is not relevant.S2 provides 3 situations in which the defendant’s behaviour is not dishonest. If a genuine belief in one of the three below not guilty. A) He has in law the right to deprive the other of it, on behalf of himself of a third person. b) He would have the consent if the other knew of the appropriation and the circumstance of it. c) The person who the property belongs to cannot be discovered by taking reasonable steps. Willing to pay – it doesn’t prevent dishonest conduct. ‘A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property. The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital, He claimed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. 1. Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective 2. Did the defendant realise that what he was doing was dishonest by those standards? Subjective Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted.Intention to permanently deprive this is the final element, which is defined in S6. ‘Velumyl’ – Company manager took ? 1050 from safe. He said owed money to a friend and would replace later. COA upheld conviction as he has intention of permanently depriving company of banknotes. Permanent e. g. destroys property ‘DPP v Lavender (1994) – took doors from council property at time of repair and used to replace damage door in girlfriend council flat. Borrowing is not theft unless it is for a period and in circumstances making it equivalent to taking it or disposal Lloyd’ – Not theft, film taken copied and brought back undamaged. ‘Easom’ – The defendant picked up a handbag in a cinema, rummaged through its contents and then put it back without having taken anything, condition intention, not guilty. Robbery is an offence defined under S8 o f the ‘Theft act 1968’, it provides’ A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force,’ will be convicted of robbery.This is basically aggravated theft, by the use or/and threat of force. For robbery, theft must be completed for robbery to be committed, all the elements of theft need to be present, and therefore if there is no theft, there is no robbery. The elements which have to be proved for the actus Reus of robbery are:- 1. Theft 2. Force or putting or seeking to put any person in fear of force. ( immediately before or at time of theft and must be in order to steal) Completed Theft – Where force is used to steal, the moment that theft is complete, there is a robbery.A case example is Corcoran v Anderton (1980) – Defendant hit woman in back and then tugged at her bag. She let go of the bag, however the defendants ran off without it, as the lady was screaming. It was held that theft occurred, therefore guilty of robbery, (temporary Appropriation). If she had not let go of the bag, theft would not be completed, but could be charged with attempted robbery, (s9 (2) Theft Act 1968). Force or threat of force – The prosecution must prove that there was a force or threat of force present. This is determined by the jury. It has been said the amount of force use can be small. In ‘R v Dawson’, one the defendant nudged the victim causing loss of balance so the other could take his wallet. Jury to decide if the force was present; charged with robbery †¢ In R v ‘Clouden’, the defendant had wrenched on the victim’s handbag from her hands. COA held that whilst taking of property without resistance from the owner, should not amount to robbery, the question of force ‘on any person’ should be left to the jury. The force must be immediately before or at the time of the theft. – It is decided by the jury the length of theft, but it has been held that theft is a continuing act. When theft is completed. ‘Hale (1979)’, the two defendants forced their way in. One defendant put his hand over her mouth to stop her screaming while the other went upstairs and took a jewellery box and then tied up her up before leaving. COA, force of hand over mouth and theft ongoing. †¢ ‘R v Lockley’, the defendant The defendant, with two others, was caught shoplifting cans of beer from an off-licence and used force on the shopkeeper who was trying to stop them escaping   The defendant appealed on the basis that the theft was complete when he used the force, but the Court of Appeal followed Hale and dismissed his appeal. On any person – This force or threat of force can be put on any; it does not have to be the person from whom the threat occurs. An exampl e situation is bank robbery and force on customers. – Force in order to steal – If force is not used in order to steal it is not robbery, example being fight between defendant and victim and then theft. The defendant charged with OAPA and also theft. For the mens rea of robbery it must be proved that the defendant had the:- 1. Intention for theft 2. Intended to use force to steal. Burglary offence is under S9 of ‘Theft act 1968. It defines 2 different ways to commit burglary. Common elements of both, (a) entry (b) of building or part of building, (c) as trespasser. Under S9(1)(a)‘A person is guilty of burglary if he enters any building or part of a building as a trespasser , with intent to steal, rape, do unlawful damage and inflict gbh. Under S9(1)(b)‘ A person is guilty of burglary if he enters any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict gbh on any per son in the building. Actus ReusNot defined in ‘Theft act 1968’, but there are several cases of the meaning. ‘Collins’ – COA, Jury satisfied that D made ‘effective and substantial entry’ ‘R v Brown’ – ‘Effective entry’. D was outside shop window leaning in, looking through goods. ‘Ryan (1996)’ – D entered, trapped in window of a house at 2:30am, half body inside. The theft act gives extended meaning for the word building, but a basic definition is not given, however never really a problem with this. It includes houses, flats, offices, factories†¦ It also includes outbuilding and sheds.Large storage containers – ‘B and S v Leathley (1979) A freezer container had been in a farmyard and been used for storage. It had be held to be a building Part of building. This is where a defendant has permission to be one area of the building however not another. ‘Walkington (197 9) – D went to the counter of the shop and open the till. S (9) (1) (a). Defendant to be committed of burglary he must enter as a trespasser. If have permission – not a trespasser. ‘Collins’ – Drunken defendant wanted sex, he saw an open window and climbed a ladder to look. A naked girl was asleep in†¦ Entered the room.She thought he was her boyfriend †¦ they had sex. Charged under S9 (1) (a), Enter, trespasser with intent to rape. On appeal, conviction quashed as he was not a trespasser. A defendant can become a trespasser even if he has a permission to enter. This is when the defendant goes beyond the given permission. ‘Smith and Jones (1976)’ – Smith and friend went to smiths fathers house and took two television sets without his father’s knowledge/ permission. His father stated that his son is not a trespasser, (general permission to enter). However COA, guilty of Burglary, S9 (1) (b), ‘entering in acce ss of the permission given to him’.In line with ‘Barker v R (1983)’ Neighbour to look after property, told defendant that there is a key hidden if needed, but however entered property to steal. Mens Rea – 2 parts Both, S9 (1) (a) and S9 (1) (b), must intend or be subjectively reckless to enter as a trespasser. With S9 (1) (a) the defendant will also need the intention of committing at least one of the four offences stated when entering. He needs intention to steal or condition intention. For S9 (1) (b) the defendant must also have the mens rea for theft or gbh when committing or attempting to commit the actus Reus of burglary.Deception Offences (Fraud) and Making off without payment. Deception Offences ? Obtaining property by deception (s15 Theft Act 1968); ? Obtaining services by deception (s1 Theft Act 1978); ? Evading liability by deception (s2 (1) Theft Act 1978). Common Elements – (1) Deception (2) obtaining/evading (3) Dishonesty [pic]Basic de finition is stated in S15 (4) Theft Act 1968. ‘Any deception (whether deliberate or reckless) by words or conduct as to the fact or as to law, including a deception as to the present intentions of the person using the deception or any other person’.It applies to all 3 offences. It makes clear the deception can be words, silence, conduct†¦ Deception definition – ‘DPP v Ray (1973)’ – Lord Reid. ‘Deceive is to induce a man to believe that a thing is true which is false, and which the person practising deceit knows or believe it to be false’ Deception can be deliberate or reckless. Spoken or written words -‘Silverman- (1987)’ D gave excessive quotation to 2 elderly sisters, after building a good relationship from past. COA said it is deception. Quashed because jury. – Conduct (e. g. alse cards, uniform) – ‘Barnard- (1837)’ went in to shop in oxford worn student clothes, and stated that he w as a student, so could get sold products on credit. False pretent Silence– Can be implied in certain situations, ‘DPP v Ray’ – (1973). Went to restaurant with friends, he didn’t have enough money but friend agreed to pay, however they all decided not to pay and then ran out of restaurant. Circumstances Also when circumstances have changed – ‘Rai – (2000)’ – Applied for grant for downstairs bathroom for elderly mother. It approved but she died, did not tell council. Firth 1990)’ – Doctor who failed to inform the NHS hospital, that some patients were private, he avoided paying charged to the hospital. Use of cheques When a person writes a cheque, it implies that they have the bank account and money in this, to pay for the cheque, representations of fact. ‘Gilmartin (1983)’ D paid for supplies with a post dates cheque which he knew would not be met. Use of cheque guarantee cards – It i s issued by the bank on current accounts, which has a limit of ? 50- ? 100. The bank guarantees that a cheque up to a specific amount will be met by bank. ‘Charles (1976)’. D bank account had overdraft of up to ? 00. Has cheque guarantee card for up to ? 30. Not meant to use more than 1 a do. Wrote 25 of ? 30, also knew he no sufficient funds. HOL, false representation S16, Theft act 1968 (Obtaining a pecuniary advantage by deception. Credit cards. Representations, user of card is the name on card and has the authority of Card Company to use it. ‘Lambie (1981)’ D had a Barclaycard credit card which had a limit of ? 200; she exceeded limit and bank asked for card to be returned. HOL reinstated it. Deception as to fact, law intention. False statement about the law can be deception and also deception about the facts. King and Stockwell (1987)’ The falsely represented to woman that they were reputable firm of tree surgeon, and made false claims to make h er agree to pay for work. Attempting to obtain property by deception. [pic]As well as proving deception, it must be shown that a person was deceived and property/service/ evade liability as a result of deception. Common in all deception offences. Deception is not relevant to the person to whom it is made. ‘Laverty’. D changed number plates and chassis of car and sold to plaintiff. Not deception as plaintiff thought he was owner and no prove of deception. Etim v Hatfield’ D produced false declaration to PO clerk that he was entitled to supplementary benefits. Clerk gave him ? 10. 60. Without deception no payment would be given. Machines, not possible for deception to happen, however it may be charged as theft. Deception after obtaining is not deception. ‘Collis-Smith’ D filled car up with petrol and claimed that his company would pay for his petrol. Ownership of petrol passed to him. Led to new law of the theft act 1978 under, S2. [pic] It must be pro ved in all deception offences. The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital.He claimed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective †¢ Did the defendant realise that what he was doing was dishonest by those standards? Subjective Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Intention to permanently deprive, S15 (3) states that S6 shall apply to this offence, the word ‘‘appropriation’ is changed to ‘obtaining. – Makes the deception deliberately or to be reckless as to whether they are deceiving others Obtaining Property by Deception is defined in S15 of the Theft act 1968 it states that any deception made to dishonestly obtain property belonging to another, with the intention of permanently depriving the other of it. It is similar to theft however property must be obtained through deception. Most offences of obtaining by deception could also be charged with theft, since the case of Gomez which overlapped these laws. Actus Reus. Obtain – S15 (2), states that obtain means ‘obtaining ownership, possession or control of it.Any one is sufficient; makes clear that obtaining can be for another person or to enable another person or to keep it. Property – It has the same meaning as it theft. It includes money and all other property, real or personal, including things in action (bank accounts) and other intangible assets (e. g. Patents). The only difference being that it has no restrictions on obtaining land (limited situations) Belonging to another has the same meaning as in theft, therefore it means ‘any person having possession or con trol over it, or having in it any proprietary right or interest. ’Obtaining because of deception – As well as proving deception, it must be shown that a person was deceived and property obtained as a result of deception. Deception is not relevant to the person to whom it is made. ’ Laverty’. D changed number plates and chassis of car and sold to plaintiff. Not deception as plaintiff thought that defendant was owner, no proof of deception. ‘Etim v Hatfield’ D produced false declaration to PO clerk that he was entitled to benefits. Clerk gave him ? 10. 60. Without deception no payment would be given. Deception after obtaining is not deception. Collis-Smith’ D filled car up with petrol and claimed that his company would pay for his petrol. Ownership passed to him. Led to S2 theft act 1978 Mens rea – Dishonest – The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital. He cla imed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? O †¢ Did the defendant realise that what he was doing was dishonest by those standards? SHere the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Intention to permanently deprive, S15 (3) states that S6 shall apply to this offence, the word ‘‘appropriation’ is changed to ‘obtaining. ‘ – Makes the deception deliberately or to be reckless as to whether they are deceiving others Obtaining Services by Deception is a offence under S1 of Theft act 1978, which states, ‘S1 (1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence.S1 (2) It is an obtaining o f services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. The defendant make the other person induce to confer a benefit by: AR Doing some act Causing some act to be done Permitting some act to be done This part of the actus Reus covers a wide range of situations of the ways that the offence can be committed. The act must cause a benefit to the defendant and must be proved that the benefit ‘has been or will be paid for. If the benefit is free there is no offence even if the defendant was dishonest. The victim doesn’t have to suffer any loss. Service – E. g. haircut, hotel stay, entertainment activity, film, repair of goods, cleaning and decoration etc. ‘Widdowson’ obtaining of hire purchases in order to buy a car was a service. ‘Halai’ Mortgage advantage not a service. But S1 (3) inserted into S1 by the the ft, (amendment) act 1996. Now contained in S1 theft 1978. ‘Sofroniou’ – Obtaining loans through a bank account or by way of overdraft was now, with the amending addition of S1 within the meaning of services.COA held that opening bank account and obtaining credit card is also a service. Understanding that the benefit has been or will be paid for. For there to be an offence they have to be shown that they were a benefit which had been or would be paid for. ‘Sofroniou’. D opened 2 bank accounts under false names, and then arranged for loans in both accounts causing account to become overdrawn. He then applied for store credit and exceeded limit. Convicted of S1 theft act 1978. Understanding of the payment Mens rea – Dishonesty, deception was made intentionally or recklessly – Dishonest – The Ghosh Test (1982) – Leading case on dishonesty.Ghosh a doctor, (a locum consultant) at hospital. He claimed fees for operations he had n ot carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? O †¢ Did the defendant realise that what he was doing was dishonest by those standards? S Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Makes the deception deliberately or to be reckless as to whether they are deceiving othersEvasion of Liability is under S2 if the Theft act 1978, it creates a number ways that evasion of liability can be committed2(1) (a) dishonestly secures the remission of the whole or part of any existing liability to make a payment, whether his own liability or another's; or 2(1) (b) with intent to make permanent default in whole or in part on any existing liability to make a payment, or with intent to let another do so, dishonestly induces the creditor or any person claiming payment on behalf of the creditor to wait for payment (whether or not the due date for payment is deferred) or to forgo payment; or 2(1) (c) dishonestly obtains any exemption from or abatement of liability to make a payment; shall be guilty of an offence. The liability is limited to legally enforceable liability Securing remissions of a liability – E. g. persuades creditor to let him off repaying all or part of debt, through untrue stories and deception. Jackson’ D paid for petrol using a stolen credit card, it was decided that he had an existing liability to pay for it by deception through the stolen credit card Inducing a creditor to wait or forgo payment, with (a) There must be an existing liability, but for (b) this offence it is enough if the defendant induces the creditor to wait for payment or forgo payment, the defendant must intend to make a permanent default. ‘Holt and lee’ – Two defendants had a meal i n a pizza restaurant, after they finished they made a plan to tell their waitress they had already made payment to another member of staff, so they could leave without paying. This was heard by an off duty police officer and they were arrested for attempting to induce a creditor to forgo payment. Turner’ (1974) – Defendant owed money for some work done, but the defendant said he had no ready cash and persuaded creditor to accept a cheque which he knew would not be met. Intent Obtaining an exemption from or an abatement of liability – Covers many everyday situations. E. g. People use invalid tickets or claim discounts that they are not entitled to. Leading case’ Sibartie’(1983) Defendant was a law student, bought two season tickets for daily journey, one ticket covering the beginning of his journey and the other ticket covering the end of his journey on; in between were 14 stations including an interchange station which had no valid ticked.At the in terchange station passing a ticket inspector, the appellant flashed ticked so fast so that she could not see what was on it. He with evasion of a liability by deception, contrary to section 2(1) (c) of the Theft Act 1978. ‘Firth 1990)’ – Doctor who failed to inform the NHS hospital, that some patients were private, he avoided paying charged to the hospital. Mens rea [pic]As well as proving deception, it must be shown that a person was deceived evaded liability as a result of deception. Common in all deception offences. Deception is not relevant to the person to whom it is made. ‘Laverty’. D changed number plates and chassis of car and sold to plaintiff. Not deception as plaintiff thought he was owner and no proof of deception. Etim v Hatfield’ D produced false declaration to PO clerk that he was entitled to supplementary benefits. Clerk gave him ? 10. 60. Without deception no payment would be given. Machines, not possible for deception to happ en, however it may be charged as theft. Deception after obtaining is not deception. ‘Collis-Smith’ D filled car up with petrol and claimed that his company would pay for his petrol. Ownership of petrol passed to him. Led to new law of the theft act 1978 under, S2. [pic] It must be proved in all deception offences. The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital. He claimed fees for operations he had not carried out.COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective †¢ Did the defendant realise that what he was doing was dishonest by those standards? Subjective Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Intention to permanently deprive, S15 (3 ) states that S6 shall apply to this offence, the word ‘‘appropriation’ is changed to ‘obtaining. ‘ – Makes the deception deliberately or to be reckless as to whether they are deceiving othersMaking off without payment, is defined under S3 (1) of the Theft Act 1978, it provides ‘a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence. ’ The goods supplied or service must be lawful, if not there is no offence. This offence was created as the Theft act 1968 had many loop holes which meant many defendants were getting off not guilty even if defendants conduct seen by many as ‘criminal’. One gap was seen in the case ‘Greenburg’ (1972) – D filled car up at garage and driven off without paying, not guilty as moment petrol was appropriated it belonged to him. Payment on the spot’ includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided. Needs to be proved that POTS was required or expected. ‘Vincent’ (2001) – D stayed at two hotels and left without fully paying his bills, having persuaded both hotel owners, by deception, to postpone payment, so POTS was not required. The COA quashed his conviction under S3, because the hoteliers had agreed to postpone payment, which meant that the actus Reus had not been committed. Makes off – The defendant must make off for the spot that payment is required ‘McDavitt’- D refused to pay a bill after an argument with the manager. D walked towards the door but was told the police were called. D went to the toilet and remained there.Directed jury to acquit the defendant, as he had not made off without payment. ‘Brooks & Brooksà ¢â‚¬â„¢, D1 ran out of a rear door and D2 was caught having walked out of a restaurant. ‘The spot’ was treated as being cash register ‘the spot where payment is required. ’ Mens Rea – Dishonesty (Same as theft) -The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital. He claimed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective †¢ Did the defendant realise that what he was doing was dishonest by those standards? SubjectiveHere the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. Knowledge that payment on the spot is required. It must be established that the defendant knew payment was required or expected of hi m. Examples are restaurants where bill paid before leaving. Intention to avoid payment ‘with intent to avoid payment for the amount due ‘Allen (1985)’ HOL stated there must be an intent permanently to avoid payment. D left hotel without payment of ? 1,286, leaving behind his belongings. He phoned later to say he would pay as soon as he received sufficient money and arranged to collect his belongings and leave his passport as security.Basic criminal damage is set out in S1 (1) of the criminal damage act 1971 where it provides that ‘A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. ’ Actus Reus – This phrase is not defined in the act, however old cases have stated that slight damage was sufficient to prove damage. ‘Gayford v Chouler’- Tra mpling down grass, no longer binding but a persuasive precedent. ? ‘Roe v Kingerlee’ – Smearing excrement on walls of a police cell; it cost ? 6 to clean up. ‘Matter of fact and degree,’ damage even if not permanent. ‘Hardman’ – Painting on pavements, removed with jets. None permanent ? ‘Blake v DPP’ – Biblical quotation on a concrete pillar, cost to clean, so held as damage ? ‘Samuel v Stubbs’ – Denting a policeman’s hat, causing a â€Å"temporary functional derangement† ? ‘A v R’ – D spat on policeman shirt, minimal effort to remove, therefore no damage. ? ‘Morphitis v Solmon’ – Scratch on scaffolding pole, doesn’t affect its usefulness or integrity. Defined in S10 (1) of criminal damage act 1971, ‘property’ means pr of a tangible nature, whether real or personal, including money and land; tamed wild creatures (or th eir carcasses); but not including wild mushrooms, fruit or foliage. Not intangibleBelonging to another is defined in S10 (2), provides that property belongs to any person having: custody or control of it; any proprietary right or interest; or a charge on it. Cannot be guilty of damaging or destroying own property. ? ‘Smith 1974’, D removed some electrical wiring . Not guilty, lacked mens rea. Mens Reus – ‘Pembliton (1874) – D threw stone at men who were fighting, missed and broke window. No intention even if he had intent to throw stone. No charge. – ‘Smith 1974’, Believed he was damaging own property. ‘Honest belief, negatives the mens rea. ’ ‘Stephenson (1979) D was tramp sheltering in a hay stack, lit a fire †¦ costs in damages.Would have been guilty if he was not schizophrenic, he didn’t realise the risk. Caldwell (1981), the HOL changed the law. Reckless – created an obvious risk to prope rty†¦.. It was used up to 2003. Gemmell and Richards reinstated the subjected test for recklessness. The two young defendants went camping without their parents' permission. During the night they entered the back yard of a shop and set fire to some bundles of they found and threw some it under a large plastic wheelie-bin and left. The fire spread and caused approximately ? 1m worth of damage. The defendants stated they thought it would extinguish itself because of the concrete, could not be charged as they didn’t realise the risk. 5 (2) (a) – D believed that the owner had consented or would have consented to destruction or damage. S5(2)(b) – D did it to protect some other property which he believed was in immediate need of protection and the means of protection were reasonable having regard to all the circumstances. (a) ‘Denton’, Thought employer had encouraged him to set fire to mill to make insurance claim. (B)’Hunt’ helped wife in duty as deputy warden in block of flats. Set fire to bedding to show alarms didn’t work. Conviction upheld as not for protection. (b)Conviction upheld – Baker and Williams, only for immediate danger. (Endangering Life) Aggravated criminal Damage is under S1 (2) of Criminal damage act (1971). A person who without lawful excuse destroys or damages any property, whether belonging to himself or another – (a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and (b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence. ’. Much more serious than basic, carries life sentence. The danger must come from the destruction/damage. ’ Steer (1987) – D fired 3 shots at the window of ex business partner, causing damage. Not guilty danger from shots. ‘We bster – D pushed large stone from bridge on to train, caused damage & showered passengers with debris, based on Recklessness. ‘Warwick’ – D rammed s police car and threw brick at it, causing damage and showered the officer with broken glass.Aggravated criminal damage the life doesn’t have to be endangered. ‘Sangha’ D set fire to mattress & 2 chairs in neighbours flat, however flat was empty and no one was at risk. Realised risk he would be guilty even if no actual risk. ‘Merrick’ – Employed to removed cables, life live wire out for 6 minutes, no one was hurt, but charged, if it was owner he would also be guilty. Mens Rea Intention or Recklessness as to destroying or damaging any property; and Intention or reckless as to whether the life is endangered by the destruction or damage. (Same meaning as basic offence). The prosecution must prove that the defendant was both aware of risk and danger.R( Stephen Malcolm) d was 15 years old, with friends thrown milk bottles filled with petrol at the outside of neighbour flat. This caused sheets of flame across window, thus endangering the lives of occupants, guilty. Arson – Under s1 (3) of the criminal damage act 1971, ‘an offence committed under this section by destroying or damaging property by fire shall be charged as arson. ’ the maximum penalty if life imprisonment. The basic offence of criminal damage must contain destruction through fire, thus the rest is the same. Aggravated Arson – Prosecution must prove that the defendant intended or was reckless as to whether life was endangered by the damage or destruction by fire. ‘Miller’ HOL held that arson can be committed through omission.

Biz Cafe Reflections

My Biz Cafe Simulation Learning Experience Davenport University Abstract This paper will cover a reflection of my experience with the Biz Cafe simulation. After reading this paper, one should have an idea of what I learned from the simulation and how it works. I will be talking about the challenges my team and I dealt with and how we overcame these challenges. Most importantly, I will be talking about how we made Coffee Connection run as a successful coffee shop.In this paper, I will also discuss my thoughts on teamwork and the significant factors of running a small business. My Biz Cafe Simulation Learning Experience Taking part in the Biz Cafe simulation has been one of the most motivating, enjoyable and enriching learning tools that I have ever been given the opportunity to utilize. It actually gives you the surreal feeling that you are really running your own coffee shop business. I appreciate the creativeness of the simulation and the fact that it provided a fun, delightful educ ational experience for me.Biz Cafe has allowed me to become familiar with the significant factors of successfully starting and running a small business. Some of the significant factors include management, marketing, operational and accounting decisions. The Biz Cafe simulation provided hands-on experience that allowed my group members and I to make the imperative business decisions that contribute to the making or breaking of a business. Overall, I have certainly developed a better understanding of the management of a small business and what it possibly feels like to become an owner.Having the opportunity to start and run a simulated coffee shop from a practical standpoint, I have been able to broaden and strengthen my knowledge of the day-to-day operational functions of a small business. With the help of my team, we were able to make the careful decisions needed in order to run as a successful coffee shop business. Coffee Connection In the start-up decisions, the name we chose for our cafe was Coffee Connection. We agreed upon the name, Coffee Connection because we thought that the name was nice and appropriate for our cafe.The furniture we chose for our coffee shop was the used furniture which was cheaper for us. Choosing the used furniture proved to be a good choice that in the long run worked for our coffee shop. We also decided that purchasing the high capacity espresso machine would be very convenient for the business. The machine turned out to be a great investment that served Coffee Connection very well. Challenges We Overcame A challenge that we faced with our coffee shop was making the staffing decisions. We struggled with trying to figure out a sufficient number of managers and servers to hire and an appropriate pay for them.Around the beginning of the simulation, we had a nice amount of servers which resulted in us receiving an award for best staff. After we extended hours, things seemed to go downhill with our staff. As a result, this had an effec t on the overall service of the workers. They were not as happy or productive as we had hoped. Our managers were becoming stressed out and our servers were being overworked and even a couple of our servers quit. This lead to us hiring more servers, another manager and giving our managers a raise. These necessary adjustments were a must in our attempt to increase productivity.We also thought that by giving the managers a pay raise, it would make them feel appreciated and motivate them to work. Recognition is what is needed to inspire employees to do their best. According to Business Now (Shah, 2009), â€Å"People are willing to work—and work hard—if they think their work makes a difference† (p. 284). After all, a company’s employees are their most valuable resource. During each round of the Biz Cafe simulation, we tried to exercise a realistic way of thinking when making important decisions that would have an impact on our business.When purchasing coffee, one thing we did not take advantage of was sales forecasting which was probably our biggest mistake. As a result, our coffee purchases were constantly off. Not taking advantage of sales forecasting caused it to be difficult to determine an adequate amount of coffee to order for just about every round. What Made Us Successful Early on in the beginning of the simulation, I think we did a great job as far as brand awareness. We were sure to take advantage of the radio and newspaper advertisements. Before long, business was booming.The advertisements were one of best decisions we decided upon due to how much business we brought in by simply marketing our cafe and product. By investing in the advertisements, our sales were definitely increased. Good marketing is undeniably one of the keys to the success of a business. As a team, it is most important to always work together if you plan to succeed. Throughout the Biz Cafe simulation, my teammates and I each put forth an awesome team effort by working together. We all brought different ideas and thoughts to the table.Communication is one of the most vital aspects in working as a team. We made it our business to meet on our group’s discussion board to discuss our weekly decisions and goals for our coffee shop. Each of us was determined to run our cafe successfully. It was pretty fun participating in the simulation with them. Constantly keeping track of the other cafes helped us determine where we should be. Our ultimate goal was to grow and run as a successful cafe. Overall, I think we did a good job! References Shah, A. J. (2009). Business Now (p. 284). New York, NY: McGraw-Hill.

Afternoon Naps Essay

I can finally rush home and get to my favorite part of the day– nap time. Why do you suppose so? Because after staying up for an important assignment until midnight, the lack of sleep makes my morning extremely tiresome and dull. After hours of boring classes, I am finally able to replenish my energy. After taking a joyous nap, I am prepared for an adventurous rest of my day, whether it’s boy scout meetings, a game of basketball, a night to the movies, regardless of the activity, physical or emotional, I feel more energetic and acquire a more positive attitude all around. Now, what would you assume could happen if I had not taken this afternoon nap? You best not come around me on those days. Some might consider afternoon naps a complete waste of time, but I beg to differ. Taiwan, for example, reinforces nap time by simply fit it into the daily school schedule in addition to regular classes and lunch breaks. The Chinese believe in the basic concept that the average test scores are reported higher when students do make nap time a regular event in their daily routine as suppose to those who don’t. The reason within the higher test scores is explained with the studies done of discovering the relationships between the improvement of long-term memory and afternoon naps. Naps don’t only improve students’ academic status; studies also show that it may decrease the risk of dying from a heart attack or other heart diseases. Taking a nap as short as ten minutes can enhance alertness, mood and mental performance, it also has stress-releasing properties. Taking an afternoon nap is something that I believe is definitely necessary to become a successful individual. When I don’t take my naps, I become furious at random situations, and frustrated with many people. Tat will make me unconscious of what is going on during that day. Even researches have shown that naps are not just good for you mentally but it is also good for you physically. Once again, I believe afternoon naps are an important necessity to a daily life.

Pre cal questions Coursework Example | Topics and Well Written Essays - 500 words

Pre cal questions - Coursework Example Egypt’s pyramids were tall, lightly tapered four-sided architectural buildings that demonstrated the style of that period. Aesthetic was valued as a reflection of national political stability, thus one unified Egyptian state flourished during that time. With these angles, stability was achieved that has made it possible for the pyramids to remain strong up-to date. Additionally, the pyramid apex is not perpendicular, to the base as it is aligned to the true north while the slanting heights form a golden ratio (φ) (Stewart, Redline, & Watson, 2015, p. 849). According to history, angle 520 is historically considered as pleasing and its correlation to the golden ratio makes the Egyptian Pyramids buildings among the many buildings designed using it. Despite hypothesis that the golden ratio is part of numerous natural instances like proportions in the human body, a conclusive prove has not been arrived at. Nonetheless, the Golden Ratio’s aesthetic aspect appears in numerous architecture that still stands the test of time like the Greece Parthenon. The use of 440 is considered as structural standpoint. I would use a unit circle since for higher level mathematics, unit circle approach would be more sensible especially in memorizing of basic trigonometric ratios like pi/4 (Stewart, Redline, & Watson, 2015)Additionally, besides allowing one to learn trigonometry functions of special angles, it facilitates understanding them (300, 450, 600, and 900) and corresponding angles such as 1350, 1200, and 1500. The implication is that students manage to visualize the constitution of trigonometry functions and obtain precise values for some ratios instead of having to memorize

International Business Research Paper Example | Topics and Well Written Essays - 1250 words - 2

International Business - Research Paper Example The interviewer should not mind not being entertained with a hand-shake from a Saudi official of the opposite sex, and ideally, not offer a hand-shake to a Saudi official of the opposite sex in the first place. Gift-giving is not a norm though something small as a gift is recommendable. Saudi men do not like being gifted flowers, as they are deemed suitable for gifting to women. One should refrain from offering alcohol to Saudi officials unless one is sure that they partake. Saudi officials do not open gifts in front of the giver. When invited for an interview, it is more recommendable to arrange a nice Arabian feast rather than a gift. Suitable places for socialization with Saudis are international hotels and restaurants. Saudis choose restaurants and hotels for interviews particularly with expatriates that are unfamiliar to them. Once association is developed with them, Saudis may offer an invitation of a visit to their homes. However, an international hotel is never a wrong choice while selecting location for interview with Saudi officials. If an interview is arranged at the home of a Saudi official, the interviewer is expected to remove the shoes at the entrance and he/she should be dressed conservatively. While Saudi officials appreciate punctuality, being a little late does not jeopardize the interview. Elder Saudi officials expect to be greeted first. It is recommendable for the interviewer to accept the offer of dates and Arabian coffee by the interviewee even if the interviewer normally does not drink coffee. If invited for a meal, the interviewer should expect a lot of socializing and discussion before the meal is actually served. However, there is very little, if any, talking during eating. Although many Saudi officials serve the meal on a dining table, yet the interviewer should not be surprised if the meal is placed on a sheet laid on the floor. In such a setting, the interviewer should either kneel on one knee or sit cross-legged. Most

Business Plan Reflective report Essay Example | Topics and Well Written Essays - 1000 words

Business Plan Reflective report - Essay Example People now seek to consume food as they shop down the town streets. We had a brain-storming session where we invited some friends over who are not from this industry. We wanted different perspectives and wanted to challenge our own assumptions. People sought something different from the standard menus of Mcdonald’s and Burger King. At the same time people also wanted the freedom to choose their salads and fillings. This immediately led us to the concept of Subway and then we were overwhelmed. We decided to combine the concept of Subway with the road-side concept but we would not restrict ourselves to sandwiches. We decided to include several snack-based food items. We believe this would create a point of differentiation, which according to Porter can provide competitive advantage. This prompted us to fill the gap and set up a fast food joint in Kingston, which has very few such outlets. We then started evaluating where we have the necessary skills and expertise. We found that all four members of our team for the proposed venture have sufficient experience in the fast food industry and have served in various capacities with renowned corporations. The formation of the team itself can affect subsequent performance (Owens, Mannix & Neale, 1998) and hence we made sure we were a team that was comfortable to work with. To ensure high level of effectiveness, we ensured that each member contributed to necessary technical skills, knowledge, expertise and ability. This was because we recognized that each individual would be able to contribute their knowledge or expertise to solve a jointly owned problem which would be difficult for an individual to solve on his own (McGreevy, 2006). We had defined individual roles, and rules of interaction as well as an agreed system of decision making, as this would help enhance learning for the team members as well as others in the organization (Macneil, 2000). While each member of our team contributed diverse skills and knowledg e, we also ensured that we shared the same values, beliefs and attitudes which could facilitate coordination and communication. However, we soon realized that setting up a business is far different from designing and thinking of a business plan. We first tried to think whether we really needed a business plan. We decided to prepare a business plan as this would help us evaluate the business opportunity (Chwolka & Raith, 2012). Besides, we needed external funding and investors need to see a business plan before they decide to invest (Mason & Stark, 2004). We knew we had the resources such as technical know-how and experience but we realized that putting our thoughts on paper would help us understand whether we can achieve what we expect to. Ideas were fragmented since none of us had experience as entrepreneurs before this and we needed to assimilate and evaluate our thoughts. A business plan was just the right tool to organize out thoughts on paper. A business plan can be informal or a formalized plan, and is essential for both internal and external purposes. It defines how the venture would operate in the current business environment but we also needed to evaluate performance after five years because we planned to expand in about five years, when more funding would be needed. Business plan is a strategic planning document that serves to guide the business and also act as a monitoring device as the business progresses (Richbell, Watts & Wardle, 2006). Presenting the plan has helped us

Initial Framework of a Thematic Language and Literacy Learning Package Research Paper

Initial Framework of a Thematic Language and Literacy Learning Package - Research Paper Example Besides, some other materials like charts, books and chalk boards are required to successfully teach them. Almost all the students are able to speak English thus communicating to them will not be a hard task. This will be different from a class with students speaking different language as it will require somebody who can translate what is being taught. Some learning materials like movie viewing tools are also necessary. They are majorly used to enhance the student’s memory. According to Pressley, the teacher is supposed to motivate the students, so that they can easily connect the past lessons with the current one and make learning enjoyable. Additionally, providing viable examples to the various studies and providing the necessary guidelines will improve student’s understanding of the various topics being taught. For the students of this grade, the main theme will be; playing for healthy child development. The first topic will be about playing to live. This topic is wi ll majorly be taught to provide information about the importance of playing to the human life. Besides, they are also expected to know the various aspects of playing. The second topic will be about physical education. This topic will be majorly discussing the various reasons why physical education was introduced in the curriculum. Besides, they are expected to go and play in the after some class studies. They are also supposed to be taught on the importance of P.E to their physical and mental health. The third topic is about eating healthy foods. The main objective of this topic is to ensure that the students are aware of the various types of food that are useful to the health of an individual. They are also expected to know the categories of the various foods, for instance, carbohydrates and proteins. The fourth topic will be about parental guidance. At the end of the lesson, students will be expected to be able to give the definition of parental guidance. Besides, they are not onl y going to be taught the various aspects of parental guidance. The firth topic will dwell on the playing gargets. Here, the students are expected to know the various types of playing gargets and their applications during the physical exercise. The sixth topic is about selecting the preferred playmates. It will discuss the importance of choosing the right playmate who can actively contribute when playing. The last topic will be about Scheduling regular play times. The students will be taught how to manage their time and know the best time for playing and doing other thing that can improve their health. Format for the output: Grade 1 Theme: Playing for healthy child development Topics: The topics are arranged randomly Selections/author/genre Readability (quantitative analysis)/interest/features (qualitative analysis) Objectives Expressive Instructional Playing to live Zuzee961 / short story The text can be easily read and understood by students of grade 1 since it has a Fog reading gr ade of 8.0. Additionally, it has a good plot as it is interesting. The students are expected to realize that playing improves an individual’s physical health. Besides, they are expected to interpret what they have learned to their normal life. By the end of the lesson, students are expected to identify some words that have the same meaning as the ones used in the book. Additionally, they are expected to describe the settings of the story. Physical education (P.E) Shephard /essay The text can be read with a lot of ease and understood by students of grade 1 because it has a Fog reading grade of 8.0. It also has a good plot because it leaves the reader with a lot of suspense. Students are expect

British Press in 1840-1860s Essay Example | Topics and Well Written Essays - 1000 words

British Press in 1840-1860s - Essay Example However, these attempts failed, and when the editor of a radical paper was sued in 1819, "The paper's circulation rose by over 50 per cent" (Curren, 1991, 12). Even the Stamp duty on paper, which was increased massively between 1789 and 1815 (Curren, page 13), was not enough to control the radical papers, and in 1836 the Government reduced the duty by three quarters: the intention was to "Put down the unstamped papers" (Curren, page 14). In fact, by the middle of the 1840's the intent had changed to influencing the workers "To secure the loyalty of the working classes to the social order" (Curren, page 27). The beginnings of the popular press, were therefore in the intention of the government to suppress and smother the radical working-class papers which had appeared in the later Georgian era. Influenced by the rise of newspapers backed by men with money, the campaigners in the 1830's demanded the development of a free market: "Free tradewould 'give to men of capital and respectability the power of gaining access by newspapersto the minds of the working classes'" (Curren, 1991, 29). Other developments also influenced the growth of the press in this twenty-year period. The first was the blossoming of working class literacy, from about two-thirds of men and half of women in 1841 to four fifths of men and three quarters of women in 1871: In addition, the twent... In addition, the twenty years between 1840 and 1860 saw a growth in the industrialization of the press, which meant that each paper could now achieve higher sales, with numbers of papers rising from " 200 in 1846 to 750 in 1865" (Newsome, 1998, page 144). There were nearly four times as many papers available in 1860 than were there in 1840; but these were not the same papers which had been produced in the 1790's. The huge machines which now printed newspaper runs, and the repeal of taxes served to increase the running costs of the papers: by 1855, the prime minister was told "That a capital of about 20,000 was needed to start a London daily paper" (Curren, 1991, page 36). What this meant is that by the 1850's, most of the newspapers being produced where owned and established by the wealthy: land magnates, factory owners, and the upper-middle and upper classes. Other papers, such as the Morning Post, began as Whig supporters, and were turned into Tory publications by new owners (Cambr idge, chapter 9). In addition, the price of a newspaper had risen from about 1d before the Stamp Duty repeals to 3 or 4d afterwards. These were the first effects upon the social fabric of the working class; between 1830 and 1840, the popular press became more and more focused on capitalism, and its readership centered upon the middle classes, and the lower classes fell back into pamphlets, or 'penny dreadfuls' as they were known in the Victorian era. Much of the concern came from clergymen, journalists and magistrates Who seem to have assumed that the penny dreadful readership was Almost entirely young, working class and male (Chris Willis, 2000) The

Employment Law for Human Resource Practice Essay

Employment Law for Human Resource Practice - Essay Example Employment Law for Human Resource Practice James Franklin’s attributes of attendance problems to a cavalier attitude of employees of Millennial Generation is discriminatory based on age. Any action directed to this group of staff will, therefore, be viewed to carry a discriminatory intent tailored to punish a particular group of personnel. Every employee has a contract with the employer whether written or not. Employers are legally obliged to furnish their employees with statements of terms and conditions of engagement. Changing the terms of engagement without the employee’s agreement as did Happy Valley Incorporation is an outright breach of contract (Walsh, 2016). After the enactment of the new attendance policy, it was not communicated to all employees but one, Mr. Allen who did not share with the rest beside being directed only to a faction group of employees. Second, they did not seek the employees on the best ways to deal with the attendance problem. Large forms such as Happy Valley Incorporation must inform and consult employees or their representatives, in this case, P.O.O before making significant changes or redundancies. Even in the absence of this requirement, it is a prudent and ethical business practice to keep employees informed and involved in major decisions affecting them. P.O.O has two alternatives of justice to pursue, Consultation with the Happy Valley Management and seeking a legal redress.

Career management in business Essay Example | Topics and Well Written Essays - 1000 words - 5

Career management in business - Essay Example The new career provides an opportunity for employees, to develop self-driven feelings for career development. The employee would decide on a career in one’s own time, other than getting a push against one’s will (Yunnal 2012, pg 56). The new career is dynamic and unpredictable. This is because of the many complicated systems available with no boundaries. The old career appeared to be stable and with little complication. The little complication in the system reduced confusion in planning. It was easier to forge a new career once the organization has provided the opportunity. As mentioned above, the old career structure emphasized on organizational decision on career choices. The structure, thus, instituted tension between the workers and the organization. The tension that existed interfered with the workers efficiency and delivery. Responsibility laying in the organization, gave the employers too much power over their workers. In conclusion, the difference in the two eras is in the structure. The old era placed responsibility of career change in the organization, while the new era places responsibility in the individuals (Mathis & Jackson 2011, pg 34). Boundary-less career refers to a situation where real career passes the boundary of one employer. As a result, the employee would end up having a career with several changes in employers and occupation. This a common practice that has gained favor in the 21st century, with many people opting to pursue their careers in such a manner (Inkson & King 2010, pg 37-57). The new careers have a difference in operation from the traditional careers. In addition, the new careers have an increased mobility that surrounds the organizational boundaries. From studies, the new careers mainly lay emphasis on the permeability aspects of the organizational boundaries. Therefore, there is a widely registered complexity in dealing with contemporary careers (Inkson & King 2010, pg 37-57). In the

Gmo Soybeans Essay Example for Free

Gmo Soybeans Essay There GMOs in almost everything that we eat. GMO stands for genetically modified organism. â€Å"Genetic modification occurs when genes from one organism are transferred to another in ways that do not occur without human intervention. The result is a GMO, or a genetically modified organism. † (Farrell 1) Soybeans are one of the largest GMO crops being produced. With the modification of the soybean by Monsanto, it is now possible for the crop to survive when herbicides are sprayed over it. The herbicide that the soybeans are resistant to is Roundup, so farmers do not have to worry about their soybeans dying to the herbicide. I believe that the negative effects of modified soybeans so not outweigh the benefits because genetically modified soybeans so not increase the production but increase the businesses’ profit, and there are health problems that can arise. Having GM soybeans does not mean that more would be produced; it only means that businesses would raise their profits. Many European countries do not buy any GMO products from the U. S. because they are afraid of any problems that may arise in the future, so I believe that since other countries are not buying any GM food, they do not want to change back into growing food naturally with no modifications or pesticides, because they want to make a bigger profit. They prevent any change that could stop them from making more profit. They do not care if they are damaging the environment; they only care about making more money. For example, people use Roundup (an herbicide) to kill weeds in their backyards or on the sidewalk. Farmers use the same product on the food that we want; they use it to kill the weeds that are growing around the soybeans. To prevent the soybeans from also dying, they have been modified to withstand the weed killer. Scientists have modified it by adding three different genes to the plant: a gene from bacterium, from a virus, and from a petunia. (McMillen )When combine with the original gene, it looks the same but it is now resistant to the Roundup herbicide. Even with soybeans modified, farmers do not benefit from it. The modification has not helped the production go up, the only thing that has gone up is the price. â€Å"[Costs] about $6 an acre to plant the usual seeds, companies charge over $40 per acre for the genetically modified seeds [and the companies gain $34 per acre of seeds sold]. (McMillen 1) Because the seeds are seeds are patented, (which means that the one who invented it, is the only one who has the right to use or sell the product to anyone,) farmers cannot save any eeds from the ones that they have grown. Therefore; each year they have to buy more from the same business. If the farmers save the seeds, they will be fined or even taken to jail. Genetically modified soybeans can also cause health problems. Soy beans can cause food allergies. Since we don’t really know if the bacteria gene in the soybeans will cause a reaction, scientists have compared the proteins in the soy with other proteins that are known to c ause allergies. If the GM protein has sequences that cause allergies, then according to the World Health Association, the GM crop should not be sold or there should be more testing done on it. However, there are sections of proteins produced in GM soybeans that are identical to allergens, but there was no more testing done to it. (Smith 1) If there are proteins in the soy that are causing allergies, â€Å"then the situation may be made much worse by something called horizontal gene transfer (HGT). Thats when genes spontaneously transfer from one species DNA to another. † (Smith 1) Plants should naturally have barriers that keeps genes from transferring to other species, but since there are foreign genes in the soy, it is losing its ability to stop this from happening. Even though it is most common in bacteria and rare in plants and mammals, genes transfer from one species to another, and a study found that parts of the genes from the soy were found in the DNA of human gut bacteria. So even after we stop eating GM soy, we could still be exposed to this transfer of genes because it will still be produced in our intestines. (Smith 1)I believe that there should be more testing because we do not know if there are any other risks involved with eating GM soybeans. Genetically modified soybeans are not beneficial because there is no gain in product only the gain in profit of businesses, and it also causes allergies. With soybeans being resistant to weed killers, weeds are becoming resistant to Roundup, so farmers actually have to use more money to buy more herbicides because they may not be working well anymore. Also it costs more to buy GM soy that soy that has not been tampered with. Not only do businesses profit, but we the consumers can suffer from the product. There are proteins in the soy gene that are identical to genes that cause allergies. We the consumers should be able to decide what we want eat, and also decide how we want the food to be produced.

The Wine of Astonishment Essay Example for Free

The Wine of Astonishment Essay â€Å"God don’t give you more than you can bear. † The opening line of the novel suggests that it is a deeply rooted religious novel. As the story unfolds, we explore the religious journey that the afflicted Spiritual Baptists in Bonasse have to embark on, in efforts to restore their rights to practise their faith. The title of the novel, The Wine of Astonishment can be analysed in two ways. Firstly, the literal translation of ‘The Wine of Astonishment’ stems from the meanings of the words ‘wine’ and ‘astonishment. ’ Wine is an alcoholic beverage typically made of fermented grape juice and is usually bitter. Astonishment refers to something unexpected. Combining the meanings, one can deduce that the Wine of Astonishment refers to something bitter and unexpected. As one of the major themes in the novel is struggle, we can interpret the wine to imply bitterness – the hardships and ‘sour’ experiences the Spiritual Baptists had to withstand and astonishment – the unexpected. Therefore, the Wine of Astonishment can literally mean an unexpected hardship. Secondly, if analysed from a biblical perspective, the phrase ‘the wine of astonishment’ is mentioned in Psalm 60:3 ‘ Thou hast shewed thy people hard things: thou hast made us to drink the wine of astonishment. ’ To David, the psalmist, in Psalm 60, he felt as though God withheld His protection, that God had turned his back on them because when the Israelites were at war away in the North, they were invaded in the south. It appeared as though instead of granting them the wine of blessing, God had rejected them unexpectedly. This was God’s way of testing the faith of his people. He made them endure unexpected hardship to see just how strong they were. In the novel, Eva knows that the trials they experience was God’s challenge to them. It seemed as though God rejected them and showered them with tribulations but real help comes from God alone and when a situation seems out of control, we can trust God to do mighty things. Hence, God made the Spiritual Baptists ‘drink the wine of astonishment’ to test their faith as a church and in the end, God restored his protection of his people and freed them from the torment they endured in attempts to keep their religion. The book’s title introduces the reader, to a religious plot that will examine the course of a struggling people.

Shakespeares Twelfth Night | Analysis

Shakespeares Twelfth Night | Analysis William Shakespeare’s Twelfth Night, is a rich comedy delving into the innate human desire for love. Shakespeare uses these characters merely as vessels for a larger insight into society as a whole. No person wants what they can truly have, but rather, what they cannot. Shakespeare conveys a cryptic portrayal of romance where his characters are masochists and shows how love can blind and act so impulsively to satisfy an innate need. By ending of the play with three weddings Shakes pear sends the comments that love has no boundaries. When the reader is first introduced to Duke Orinso, he is accounting the first time he laid eyes upon the lady Olivia. Through the use of language, the Duke speaks of a love that he wishes he could be full of and die away, â€Å"If music be the food of love, play on Give me excess of it, that, surfeiting The appetite may sicken, and so die† (Act I, I, 1-3). The Dukes case seems to be self indulgent, and gains enjoyment from being overdramatic. From the on set of the play, he gives off the impression that he knows he will never obtain the love of Olivia, but he enjoys wallowing in self pity, and encouraging others to be sympathetic to his situation as well. In a separate speech, the Duke refers to his desires for Olivia as â€Å"my desires, like fell and cruel hounds, Eer since pursue me (Act I, I, 20-24). It seems as though love or romance for him is a game, rather than an emotion to be taken seriously. Throughout the rest of the play, his pursuance of Olivia never ceases, an d at one point the even threatens to kill his own servant Cesario because of Olivia’s mistaken thinking that Cesario was the man she had just married. With that threat from the Duke, this comedy could have potentially been turned to tragedy. The Duke never once elaborates on the finer feelings for Olivia, he merely pines over her in a superficial way, and had Olivia given in to his persistence, the Duke would have gained a trophy wife, just someone pretty to look at. Only when Cesario revels himself as a woman, Viola, does the Duke show the capacity to love someone he has had a deeper relationship with than just looks. With this ends his masochistic ways of loving someone who will never love him back, but it says nothing for the sometimes transparent emotions the Duke has. Another character that falls deeply into a self satisfying love affair is Countess Olivia. Olivia is blinded by love she and ignores the evidence that points to Cesario as actually not being whom he says he is, and over looks the possibility that Cesario might be a female despite his lack of masculine features. Olivia justifies his feminine features as a eunuch and is will to fall in love with Cesario. Olivia decision to fall in love with a eunuch despite knowing she won’t be able to have children enforces shows how that she is willing to cross the boundaries of society for true love. She describes love as something that comes upon her unexpectedly and out of nowhere, â€Å"Not too fast; soft, soft unless the masters were the man. How now? Even so quickly may one catch the plague? (Act I, V .282 -284). Through the next few acts she schemes to obtain the love of Cesario, a measly servant rather than giving her love to the Duke or Sir Andrew to retain the power she has being the woman of the house. It is hard to take the character of Olivia seriously when we first find her in such despair that she doesn’t want to be seen by any man other than her servant Malvolio and her uncle, then in an instant she can turn to giving her love away to a younger, lower class servant that she barely knows. Shakespeare’s creativity of the foil between the sayings â€Å"loves is blind† and Sebastian’s mistaken disguise as being Cesario, Olivia disregards Sebastian comments about being a stranger ignoring him and insisting that he is the man she fell in love with â€Å"So comes it, lady, you have been mistook But nature to her bias drew in that. You would have been contracted to a maid Nor are you therein, by my life, deceived, You are betrothd both to a maid and man† Act (V, I, 2460). The feeling of true love is so strong with in Olivia that she is will to accept a complete stranger to fill him that gap that true love meant. When Viola raveled herself, the reaction of Olivia is very calm for she has married the disguise that she has fallen in love with. Olivia crosses the boundary of basic society values of getting to know some one before marry that person. In the end of the play, both Olivia and Orinso end up happy, but this is mainly because they marry the m an and woman versions of the same person. Viola who was only trying to find refuge from a shipwrecked, disguises herself as a young boy. Viola is left alone and must look to her own resourcefulness to secure her safety. Conceal me what I am, and be my aid/ for such disguise as haply shall become/ the form of my intent. I’ll serve this duke (Act I, II, 49-51). Violas disguise soon turns into a dilemma, while falling in love with Orsino; she innocently becomes the object of affection of Olivia, the woman she is suppose to help fall in love with Orsino. Orsino looks past the disguise of Cesario and falls in love with Viola regardless of her depictions. When Orsino learns that Cesario is really Viola his actions are surprising. Orsino gives no second thought to the fact that he has fallen in love with a woman while she was disguised as a man. Viola crosses the boundary deception in taking on a disguise to make the Duke fall in love with her. Maria and Sir Toby’s wedding at the end of the play was very surprising. Sir Toby who is a drunk and has a bit of noble blood falls in love With Olivia’s maid Maria. Sir Toby love for Maria is not because she is beautiful or very attractive but because of her cleverness in handling the hoax on Malvolio â€Å"I could marry this wench for this device.† Act (II, IV, 1208). Sir Toby is willing to cross to boundary of social class by marring Maria who happens to be beneath him in society. In conclusion in Twelfth Night Shakespeares commentary on love and romance is that most times it is transparent, that people have their own agendas for their feelings, whether it be beauty, power, or social advancement. None of these characters actually had the true feeling of love, but all were melodramatic and flailed around like they had found the loves of their lives, their missing half. The Bait, John Donne Analysis |The Passionate Shepherd to His Love, Marlowe Analysis The Bait, John Donne Analysis |The Passionate Shepherd to His Love, Marlowe Analysis In The Passionate Shepherd to His Love and The Bait the reader finds two contrasting images of the world. Marlowe paints the world as a utopian society withought any worries or dangers. The shepherd and the lover he is seeking in his quest have no responsibilities in life other than to enjoy life to it fullest. In describing the pleasures which the couple can enjoy in the countryside, Marlowe fails to include the manner in which the shepherd obtains those pleasures and omits any of the negative possibilities which may accompany them. The shepherd tells the female that they will sit upon the rocks/And see the shepherds feed their flocks (5/6), but he does not mention the responsibilities associated with owning flocks of sheep and protecting them from danger. The beds of roses (9) that the shepherd offers to his love will, more than likely, contain thorns and will be a rather uncomfortable place to lie . To obtain the gown made of the finest wool (13) is not an easy task for the shephe rd because he will need to shear a lamb which involves a great deal of hard work. The shepherds courtship in Marlowes poem is the impractical dream of a lover who wants to satisfy his desire without giving any thought to the responsibilities of life in the real world. Marlowe creates a pretty picture of the world, but it is far from the reality of the world lived in by a shepherd. While Marlowes poem takes place in an somewhat imaginary world, Donnes poem portrays a more cynical and realistic image of the world. The characters in Donnes poem live in a world filled with real dangers and the possibility of death. In describing the pleasures used to tempt the lover, Donne includes the negative side of those pleasures. The golden sands, and crystal brooks (3) which are offered may be beautiful, but they do contain silken lines, and silver hooks(4) which can be deadly. When Donne writes about letting others freeze with angling reeds,/and cut their legs with shells and weeds (17-18), it is clear that other fish are struggling and are in danger of getting harmed in their quest for love. Strangling snare, or windowy net( 20) is a further example of the real dangers present for the fish in Donnes portrayal of the world. The world in this poem is more practical than the world described in Marlowes poem; it gives thought to many of the real dangers in life. Donne creates a picture of the world that is actually close to the reality of a life lead by a fish being lured by bait. The concept of romance portrayed in the two poems differs a great deal. Marlowes poem expresses an overly optimistic view of romance. He presents romance as both beautiful and unselfish, and captures the bliss of a natural and undemanding love. The shepherd tells the lady that if she will only, Come live with me and be my Love (1), he will give her delight after delight. He promises that she will be dressed in the finest luxuries Fair lined slippers for the cold, With buckles of the purest gold (15/16) and will eat her meals from silver dishes (21). Never, in this poem, does Marlowe acknowledge any of the negative aspects that are hidden in his idea of romance. He fails to mention that he is not offering her marriage nor any suggestion that they will establish a future together. The concept of romance presented in this poem is one without any true commitment and offers only the pleasures of the moment. Marlowes view of romance captures the joys of a simple and uncomplicated romance t hat is free of obligation. Romantic love in Donnes poem is expressed as a more cynical experience. Although the first stanzas of the poem represent a romantic world, the remainder of the poem seems to be mocking the existence of such genuine romantic relationships. Donne seems to be warning men about the dangers of women and of falling in love. The imagery in Or treacherously poor fish beset/With strangling snare, or windowy net (19-20) illustrates a mans loss of his ability to move and be free in his search of romance. It further conveys the idea that perhaps a woman is not as totally wonderful as man may believe, and that it is the woman who is in control of the romance Each fish, which every channel hath,/Will amorously to thee swim,/Gladder to catch thee, than thou him (10-13). The concept of romanic love portrayed in this poem is one of warning regarding the commitments and dangers that romance can hold. Donnes view of romance clearly captures the difficulties and complications that can be involved in rom ance. The mood conveyed in these poems is distinctly different. Marlowes poem represents a mood that is carefree and light, and Donnes represents one that is dark and much more serious. In Marlowes poem, the pastoral scene creates an atmosphere of peace and tranquility. The blissful description of romance creates an enchanting feeling that makes the mood of the poem appear magical. The treasures the shepherd offers to his love appeal to the senses and are among the most beautiful and luxurious that nature hills and valleys, dale and field, and all that craggy mountains yield. (3/4) and man have to offer. The animated and cheerful vision that is created when the shepherd tells the woman that the shepherd swains shall dance and sing (25) if she will accept the gifts he offers conveys a mood that is enjoyable and merry. The happiness and promising mood of Marlowes poem is in direct contrast to the darker and dangerous mood of Donnes poem. In Donnes poem, the mood is dark and the characters exist in an environment that is full of uncertainty and laced with danger. The pastoral scene of Marlowes poem is replaced with the chaotic world of fish and bait together in the water. His skeptical description of romance creates a sense of caution which fills the poem with a mood of fear and apprehension. As the fish are completely captivated by the woman, they are willing to betray each other in order to gain her love. This willingness to betray each other plants an air of deceit into the mood of the poem. Fear of being captured Gladder to catch thee, than thou him (12) suggests a mood of anxiety in that the man wants to enjoy the bait, but does not want to be snared by it. The possibility of the fish being caught by the bait also introduces the probability of death to the poem and furthers its gloomy mood in that the fish freeze with angling reeds (17) or are unable to move due to the strangling snare, or windowy net (20). The d ark mood created in this poem is significantly different from the bright mood of Marlowes poem. My opinion that Donnes poem is written as a response to Marlowes poem is based on the significant differences present in the themes of the poets portrayals of the world, their views of romance, and the moods they set in their poems. Donnes realistic interpretation of the world is in direct contrast to the idealistic world portrayed by Marlowe. In Donnes poem, it is suggested that romance is not all joy and bliss, but is serious and can be perilous. Donnes troubled and dark poem was written in response to Marlows light and happy poem. These theme differences in the description of the world, the concept of romance, and the mood of the poems lead me to believe that Donnes poem was written as a response to the poem of Marlowe. This makes me feel that future poets will respond to both of theses poems with their own views.

Social War :: Personal Narrative Essays

Social War "That's her, that's the new girl. That's Holly Bennett. She is going to be in our group and not theirs," Mandi told us, as Holly shyly made her way over to the teachers desk. Our regular gang was sitting in the middle of 8th grade English. We were all seated in a circle in the back corner of the old, smelly classroom. Our "enemies," as we called them, were seated in the opposite corner. Mandi, Summer, Kristi, Lindsey, Anna and I were all pretty close friends then. It seemed like you had to be in one of two groups, ours or theirs, to even be talked to by everybody else. Our "enemies," were more or less what you might call the "preppies". They were the few who could get the boys to do whatever they wanted, had lots of high school friends, and could look at the teacher the right way, to get an A on their reports. We got along fine with them, except when a new girl came into our class. The new girls always seemed to start a cold war between us. Last time, we tried everything to get the new girl, Kristi, to hang out with us instead of the preps. We ended up "winning" Kristi over, which made the new meat worth even more. As Mrs. Gallegos, our elderly, over weight teacher, was introducing Holly, many thoughts went racing through our heads. I think we were all pretty much thinking along the same lines, "She's ours." As Holly took a seat over near the door, we began conversing among ourselves. Holly was skinny, tall, had brownish hair and seemed to be very shy. This made several things easy for us. Most of the people in our group were skinny and tall, so that meant we could share clothes amongst ourselves and now Holly could too. As we were planning on how to make Holly ours, I glanced across the room, and saw that our enemies were doing the exact same thing, planning. I told the other girls to look over at them, and then decided that we should first tell them not to even bother with trying to win Holly over. We, after all, had won the last girl, which made the ratio from our group to theirs, 6 to 4.

On the Temporal Boundaries of Simple Experiences :: Philosophy Philosophical Papers

On the Temporal Boundaries of Simple Experiences ABSTRACT: I argue that the temporal boundaries of certain experiences — those I call ‘simple experiential events’ (SEEs) — have a different character than the temporal boundaries of the events most frequently associated with experience: neural events. In particular, I argue that the temporal boundaries of SEEs are more sharply defined than those of neural events. Indeed, they are sharper than the boundaries of all physical events at levels of complexity higher than that of elementary particle physics. If correct, it follows that the most common forms of identity theory-functionalism and dualism (according to which neurophysiological (or other complex) events play key roles through identification or correlation) — are mistaken. More positively, the conclusion supports recent approaches that attempt to explain conciousness by appeal to quantum physics. I. Introduction A methodology that I believe has some chance of providing us with a better understanding of the nature of consciousness – or of how it could be that consciousness does not exist, if the eliminativists are right – is one in which we study our conception or picture of consciousness. Specifically, I am referring to our conception or picture of phenomenal consciousness – what one has in mind who, e.g., "gets" the mind-body problem, understands the inverted spectrum or absent qualia examples, or Nagel’s phrase that it is like something to be conscious, and so on. Such individuals, arguably, are thinking about consciousness in a more or less similar way, exploiting a similar conception or picture, similar conceptual structures. Studying such a conception should be, to a reasonable degree at least, just like studying any other conception in cognitive science. And, as with other conceptions, the effort can be a multidisciplinary one, one to which philosophers can contribute. As I said, I think following this route might lead to progress in our understanding of consciousness itself; but even if it does not, characterizing our conception of phenomenal consciousness has importance at least as a piece of psychology. In any event, it is how I am inclined to pursue the study of consciousness these days. This talk describes a small study within that broader project. In another paper (1) I have argued that our conception of phenomenal consciousness commits us to the idea that there are simple components or elements that in some sense make up our complex phenomenal experience. Actually, it commits us to holding that either there are simples or that our complex phenomenal experience is such that – roughly put – analysis will always continue ad infinitum, no matter how a complex phenomenal experience gets carved up. On the Temporal Boundaries of Simple Experiences :: Philosophy Philosophical Papers On the Temporal Boundaries of Simple Experiences ABSTRACT: I argue that the temporal boundaries of certain experiences — those I call ‘simple experiential events’ (SEEs) — have a different character than the temporal boundaries of the events most frequently associated with experience: neural events. In particular, I argue that the temporal boundaries of SEEs are more sharply defined than those of neural events. Indeed, they are sharper than the boundaries of all physical events at levels of complexity higher than that of elementary particle physics. If correct, it follows that the most common forms of identity theory-functionalism and dualism (according to which neurophysiological (or other complex) events play key roles through identification or correlation) — are mistaken. More positively, the conclusion supports recent approaches that attempt to explain conciousness by appeal to quantum physics. I. Introduction A methodology that I believe has some chance of providing us with a better understanding of the nature of consciousness – or of how it could be that consciousness does not exist, if the eliminativists are right – is one in which we study our conception or picture of consciousness. Specifically, I am referring to our conception or picture of phenomenal consciousness – what one has in mind who, e.g., "gets" the mind-body problem, understands the inverted spectrum or absent qualia examples, or Nagel’s phrase that it is like something to be conscious, and so on. Such individuals, arguably, are thinking about consciousness in a more or less similar way, exploiting a similar conception or picture, similar conceptual structures. Studying such a conception should be, to a reasonable degree at least, just like studying any other conception in cognitive science. And, as with other conceptions, the effort can be a multidisciplinary one, one to which philosophers can contribute. As I said, I think following this route might lead to progress in our understanding of consciousness itself; but even if it does not, characterizing our conception of phenomenal consciousness has importance at least as a piece of psychology. In any event, it is how I am inclined to pursue the study of consciousness these days. This talk describes a small study within that broader project. In another paper (1) I have argued that our conception of phenomenal consciousness commits us to the idea that there are simple components or elements that in some sense make up our complex phenomenal experience. Actually, it commits us to holding that either there are simples or that our complex phenomenal experience is such that – roughly put – analysis will always continue ad infinitum, no matter how a complex phenomenal experience gets carved up.

Impacts of Agricutlure on the Environemnt Essay -- Papers

Impacts of Agricutlure on the Environemnt The negative environmental effects of agriculture – water and air pollution, loss of habitats and biodiversity, greenhouse gas emissions, and nutrient losses – have received major attention and continue to persist. Environmental concerns arise from many agricultural activities and sources including concentrated livestock production, pesticide and chemical use, deforestation, drainage of wetlands, soil erosion from cropland, and the use of fragile lands. Damage to Soil Soil erosion from farmland threatens the productivity of agricultural fields and causes a number of problems elsewhere in the environment. An average of 10 times as much soil erodes from American agricultural fields as is replaced by natural soil formation processes. Because it takes up to 300 years for 1 inch of agricultural topsoil to form, soil that is lost is essentially irreplaceable. The consequences for long-term crop yields have not been adequately quantified. The amount of erosion varies considerably from one field to another, depending on soil type, slope of the field, drainage patterns, and crop management practices; and the effects of the erosion vary also. Areas with deep organic loams are better able to sustain erosion without loss of productivity than are areas where topsoils are shallower. Erosion affects productivity because it removes the surface soils, containing most of the organic matter, plant nutrients, and fine soil particles, which help to retain water and nutrients in the root zone where they are available to plants. The subsoils that remain tend to be less fertile, less absorbent, and less able to retain pesticides, fertilizers, and other plant nutrients. Why then is erosion allowed to ... ... of the many potential problems caused by the heavy use of chemicals in modern agriculture. This, combined with the rapid rise in the cost of fertilizers and pesticides, has led many farmers to seek ways of reducing their reliance on chemical- intensive methods of farming. A small but growing percentage of farmers are farming with no synthetic chemicals, and many others are reducing their overall chemical use. Agriculture research has begun to focus on ways of maintaining environmental quality while producing acceptable crop yields. One example is integrated pest management, aimed at controlling pests through a combination of methods that minimize undesirable ecological effects. Continuing research and education need to be conducted on farming practices that produce profitable yields while maintaining environmental quality and the long-term productivity of the land.

Audience Analysis Memo Essay

Per the week one assignment, I have reviewed and compared two Websites offering information on the same subject. My chosen subject is kidney disease and hemodialysis and the source Websites are: The National Kidney Foundation (http://www.kidney.org) and The Merck Manual-Professional (http://www.merckmanuals.com/professional). When reviewing the National Kidney Foundation site, I initially had difficulty determining who the intended audience actually was. You can’t help but notice, a significant goal of the page is to generate donations. The donations tab is highlighted with a blue border against an orange background. The information tabs are simply white print against the same orange background. That being said, there is also well prepared information regarding kidney disease and hemodialysis intended for the general public. The Website provides information regarding diagnosis, treatments and lifestyle changes. It appears, the primary purpose of the National Kidney Foundation Website is education and the secondary purpose is soliciting donations. The Merck Manual Professional site, appears to target healthcare professionals with a secondary audience of students in the medical and/or nursing fields. The National Kidney Foundation Website is very appealing with pictures, videos and banners. Two banner items that caught my eye were â€Å"the initial shock of the dialysis diet† followed by a chicken fajita recipe. It further incorporates information about coping with the diagnosis and treatment plan. The Merck Manual website is stark in comparison as it incorporates muted colors of gray, blue and green. The Merck Manual presents only related facts and treatment modalities. Advertising on each page is limited. The National Kidney Foundation’s Website advertisements are geared to generate donations, whereas, the advertisements on the Merck Manual site, offer additional ways to receive the Merck Manual information. Each site provides icons intended to provide the user with the option to share the Websites  with many of the social media networks. The Merck Manual Website is intended for information and education. The National Kidney Foundation site provides education in addition to soliciting donations. The National Kidney Foundation information is provided in a question and answer format with one or two sentence simple answers provided. The Merck Manual site utilizes headers with information ranging between one to three paragraphs. Links available on the National Kidney Foundation Website keep the reader on the site and frequently take them back to the donation page. The Website provides a section for â€Å"Professional† users, however, the majority of the area is again written for the general public. One area reviewed provides an â€Å"Education and Research† option that takes the professional reader to more technical writing sources contained within the National Kidney Foundation Website. The Merck Manual links allow the reader to visit other Websites for additional subject information. The National Kidney Foundation Website offers additional educational opportunities via Webinars and seminars. No such offerings were noted on the Merck Manual site. The Merck Manual is written with the professional audience in mind. The information is technical and clinical in its presentation. Whereas, the National Kidney Foundation Website, refers to the site visitor on multiple occasions as â€Å"family†. Visitors are encouraged to â€Å"join our family† and â€Å"be a part of the National Kidney Foundation family† with prom ises of â€Å"we will be there for you†. The information provided in a well written conversational form and would be easily understood by the nonprofessional general public wanting additional information about kidney disease and support services available. Newly diagnosed patients visiting the National Kidney Foundation Website would be provided with an additional source of information. In addition to the general diagnosis and treatment information provided, the Website offers encouragement and support to those effected by kidney disease. Patients, families and friends can find support information. The Merck Manual is intended to be used as a source of information and education for the healthcare professional and/or student. It represents a good source of information for research and/or bedside practice. Although both sites provide information on Kidney Disease and Hemodialysis, the content is presented in completely different ways. The National Kidney Foundation is written for the general public who may be effected by kidney disease. The  Merck Manual in professional in appearance and content. In conclusion, I feel each site is well developed for their intended audience and purpose. The National Kidney Foundation Website is easy to use and provides the reader with basic information regarding the diagnosis, treatment and necessary lifestyle changes. The Website offers support services and the opp  ortunity to donate if the reader so desires. The Merck Manual Website is intent is to provide educational information to the medical professional and students in the medical field.