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Paper Topics For Othello-Feminism
Thursday, September 3, 2020
Early Modern Poetry, Comparative Analysis Essay
Early Modern Poetry, Comparative Analysis - Essay Example Hers was an orchestrated marriage that may well have been the purpose for her thoughts of adoration which can be found in the sonnets that she has written. Katherine Philips works were pretty much focused on the Society of Friendship where she become friends with ladies who seem various occasions in her works (Carpenter, 2003). As indicated by her compositions there is by all accounts a recommendation by Philips that the adoration that was between the ladies was a type of affection that was liberated from defilement and was as unadulterated a type of affection that could be attainted. There have been various sonnets that have been composed by Katherine Philips about her associations with ladies earned a great deal of dislike anyway current women's activists have lauded her for the way where she has depicted ladies. Mary Wroth was destined to the primary Earl of Leicester, Sir Robert Sidney in 1587. Wroth had various essayists in her family who may have affected her composition (Louis iana State University Press). Mary was offered to Sir Robert Wroth in 1604 who was viewed as a most loved according to King James I. The marriage didn't get off the ground and Robert Wroth was known to take care of business of unethical standing yet he was likewise an affluent man. His remaining in the kingââ¬â¢s court carried a few advantages to his better half who was welcome to the court all the more regularly. Mary Worth composed the sentimental exposition The Countess of Montgomeries Urania. The specific sonnet that will be seen will be ââ¬Å"Love examine me, seeke, and findeâ⬠(Poetry Foundation). Wroth composed Urania to relate the narrative of two darlings, Pamphilia and Amphilanthus. Nonetheless, some e of the sonnets were a story of the dealings in court and this caused a serious upheaval (Millman and Wright, 2005). Mary was likewise a special lady to her first cousin with whom she had two ill-conceived youngsters making her the focal point of a great deal of anal ysis (Maggs). Both the sonnets, Against adoration and Love scrutinize me, seeke, and finde are love sonnets. Katherine Philips thought of her sonnets in the 1600ââ¬â¢s while Mary Wroth kept in touch with her pieces in the late 1500ââ¬â¢s. The hole between when the two ladies composed their works isn't excessively and the carries on with that both drove have influenced the way of composing. Against adoration by Katherine Philips alludes to the sentiment and love and censures the feeling (Reocities). Love here is alluded to as Cupid and cherishes utilization of cheating toys. Katherine calls attention to that adoration gives griefââ¬â¢s and illustrates satisfaction and delight. This sonnet shows the analysis of adoration and the individuals who fall into affection; there is an investigate of those ladies who consider a man to assume responsibility for their carries on with through affection and in this manner put the chains around their own legs (Barash, 1996). There is a con sistent utilization of rhymes toward the finish of each line. The closure expression of each line is made to rhyme with the final expression of the following line and in this manner making a feeling of a steady musicality. The symbolism that is depicted by the sonnet doesn't appear to be exceptional however the considerations are positively inciting. Katherineââ¬â¢s writing utilizes a significant basic tone and the symbolism causes one to depict two sweethearts where the man is both the more fragile and the more grounded individual in the relationship. A man is one who is by all accounts a recluse and doesn't appear to impart an enthusiastic association with a specific ladies. The utilization of metaphorical language is very broad; the beginning of the sonnet is with an analogy for adoration with Cupid. The expectations and emotions that follow love are considered by the author to be cheating toys. The
Tuesday, August 25, 2020
The Historical and Colonial Context of Brian Frielââ¬â¢s Translations Essay
The Historical and Colonial Context of Brian Frielââ¬â¢s Translations Viewed by numerous individuals as Brian Frielââ¬â¢s showy artful culmination, Seamus Deane portrayed Translations as ââ¬Å"a succession of occasions in history which are changed by his composition into an anecdote of occasions in the present dayâ⬠(Introduction 22). The play was first created in Derry in 1980. It was the primary creation by Field Day, a social expressions bunch established by Friel and the entertainer Stephen Rea, and related with Deane, Seamus Heaney and Tom Paulin. As Deane attests, the play is in numerous regards a savvy and illuminating analogy for the circumstance in Northern Ireland. The points of raising social mindfulness and scattering socio-political aloofness in the North were vital to the goals of the Field Day gathering. Nonetheless, regardless of Frielââ¬â¢s worries with contemporary Ireland, the play is likewise a captivating imaginary record of the Irish experience of British expansionism. My point in this page is to immovably put Translations inside its chronicled setting, so as to comprehend the portrayal of imperialism in the play and to encourage further post-pilgrim readings. Interpretations might be found both transiently and spatially to a fixed point in Irish history. The characters hail from Baile Beag, renamed with the anglicized title of Ballybeg. The activity of the play happens over various days towards the finish of August 1833. Before diving into the play it is clear, from these generally broad of focuses, that the mise-en-scene of Translations is a time of extraordinary importance in the pilgrim connection among Ireland and England. The lifetime of Hugh and Jimmy Jack, the sixty years or so approaching 1833, gave testimony regarding numerous significant occasions in the transformation of Ireland from a rustic Gaelic culture to a cutting edge provincial country. To return an additional seven decades, in 1704 correctional laws were ordered ââ¬Å"which announced that a Catholic couldn't hold any office of state, nor represent Parliament, vote, join the military or naval force, practice at the bar nor....buy landâ⬠(Kee Ireland: A History 54). Along these lines, by 1778 an insignificant five percent of the place that is known for Ireland was possessed by Catholics. The Irish individuals (most outstandingly Catholics, however Protestants additionally, for example, those depicted in Translations endured extreme separation, neediness and difficulty. The French Revolution of 1789 shocked Irish political intuition into another fr... ... to communicate in English and each subject will be educated through English (396). Maireââ¬â¢s want, at the opening of the play, to communicate in English will before long be authorized by law all through the National Schools in Ireland. Where Dan Oââ¬â¢Connell and Maire both accepted the utilization of English would permit progress towards their individual national and individual dreams, Hugh accepts that English was basically for ââ¬Å"commerceâ⬠yet that it ââ¬Å"couldnââ¬â¢t truly express us (the Irish)â⬠(418). He understood that the utilization of Gaelic, of staying consistent with their own conventions was a strategy for opposing imperialism, ââ¬Å"our just technique for answering to .... inevitabilitiesâ⬠(418). Maybe the most amusing section in the play shows up during a discussion among Yolland and Hugh. Hugh entertains himself the grinning position of deigning to the youthful warrior, excusing William Wordsworth (and by suggestion English Literature): Wordsworth?.... No Iââ¬â¢m apprehensive weââ¬â¢re curious about your writing, Lieutenant. .... We will in general ignore your island (417). Powerfully, inside a generally brief timeframe the verse of Wordsworth, and of the English group, would be perused and recounted by most of youngsters in Ireland.
Saturday, August 22, 2020
Medieval Philosophy Assignment Example | Topics and Well Written Essays - 1250 words
Medieval Philosophy - Assignment Example Henceforth, mystical powers, including sublime bodies and malice spirits, compel human wants and make leaps while in transit to engaging in various exercises out of their through and through freedom. Besides, since the favors and bounties showered by God upon people, bring delights throughout their life, so people must look for His assurance so as to get away from mishaps throughout everyday life. Be that as it may, God has likewise conceded forces to the malevolent powers existing known to man and has permitted them to damage and mischief the people through their cunning. These powers entice people to follow their wants without making the sufficient judgment among good and bad. Thusly, there is by all accounts a high likelihood of people to become prey to the underhanded enticements by stretching out their desires and wants all things considered. Subsequently, common powers exact the people with hardships that limitation their unrestrained choice and breaking point their activities and behaviors for the future days to come based on the premonition the Providence keeps up. Question 3 (Answer): Contemporary period scholar and rationalist, Nelson Pike, has fundamentally inspected the Boethiusââ¬â¢ convention with respect to omniscience and through and through freedom. Since Boethius has presented his case that it is omniscience that obliges human through and through freedom, no human activity is free and autonomous one in its temperament and extension. Be that as it may, Pike disproves the very idea by proclaiming it bogus and against the very proof out and out. Pike is of the view that since God is all-Knowing and all-Powerful, He has premonition of every single occurrence that would occur in the life of each human for a mind-blowing duration. Pike underpins his postulation with a few outlines and models, so as to explain his contention in regards to the forces allowed to people by the Lord for playing out their household and expert obligations and commitment s. On the off chance that an individual, Pike contends, is resolved to accomplish something either unimportant or significant, God positively keeps up prescience of it. Be that as it may, He has permitted people to apply their through and through freedom, out of their own decisions, so as to play out their regular exercises with no obstacle or snag in transit. At the end of the day, however every occurrence to be occurred on the planet in the life of people is in the information on God, yet He doesn't confine the people from participating in individual and aggregate exercises of their decision by obliging every single human activity. Despite what might be expected, He has talented the people with the forces to try and refute His very presence, as agnostic watch, however He has total premonition of it. On the off chance that God begins forcing requirements on each human activity, at that point there would nor be any space for the agnostics and unbelievers nor might people make this w orld a locale where wrongdoings, offenses, sins, and law-breaking happen much of the time. In this way, Pike invalidates Boethiusââ¬â¢s precept that Godââ¬â¢s omniscience limits human activities in such an amazing way, that it obliterates the idea of through and through freedom inside and out. In any case, Boethius doesn't guarantee that each human activity is banned by the common administrative specialists.
Doomsday Preppers free essay sample
I chose to make the shelter out of my cellar estimations. I included some racks and space for certain provisions that are fundamental to living for at any rate seven days down in this shelter. We will compose a custom paper test on Doomsday Preppers or on the other hand any comparative subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page Additionally, I attempted to keep a great deal of room open, so we dont stumble on anything if there should be an occurrence of a crisis. Likewise, I attempted to keep things basic since it is acceptable to keep things composed on the off chance that this turns into a genuine issue. I expected to clear what used to be a wardrobe into a restroom space. I attempted to keep the restroom space separate in light of the loathsome scents it will give out following seven days of being down in the dugout. I put a lounge room space in the center, so it is anything but difficult to assemble around and still be a family down in this fortification. We have a few lounge chairs down in our cellar, so I figure it is ideal to get to know each other as we can down in this dugout. My storm cellar is an open spot which makes it simpler to put things around. I bought a huge amount of food to nibble on during the current week, however no enormous dinners since it gets extremely costly. I additionally bought some cleaning supplies in the event that the restroom circumstance turns into an untidy and nauseating spot. An emergency treatment unit is fundamental on the grounds that on the off chance that some radical thing occurs, a medical aid pack ust may spare a real existence. I purchased a plastic container for the pee to go in, and some plastic packs for the waste. It may not be the cleanest way, yet it is the cheapest,easiest way. A battery worked radio will permit you tune in to crisis messages that may spare your life. I picked my device to be a Jetboil cooking framework that can permit numerous modest canned merchandise to be warmed up without any problem. This could help make dinners last any longer. I likewise purchased a water barrel that has 52 gallons of CLEAN water. This could last my family seven days, simple. I needed to accommodate my pooch into my arrangements, and he will Just remain in a pet hotel ownstairs. I likewise got him some modest fish that he could live off of for the week. With respect to his crap and Pee, he should be immediately prepared to crap and pee into/on a plastic pack. In the event that he doesn't, we can undoubtedly get the loss for the week. The pee might be a harder subject, yet on the off chance that he has a mishap, we have cleaning supplies to help tidy that up. I purchased pipe tape to seal all the windows shut firmly to ensure little radiation can leak through the windows. In the event that it gets dull around evening time, I purchased an electric lamp. As should be obvious, I got it entirely secured for any crisis for an atomic debacle.
Friday, August 21, 2020
Evaluation - The Secret Garden Party Organisation Essay
Assessment - The Secret Garden Party Organization - Essay Example The report will likewise examine the different alternatives for the two key issues. At last, the paper will focus on inside and out examination of the yearly music occasion. Segment 1: Key Strategic Issues The administration of Secret Garden Party Organization is thinking about a few key issues, which will direct its exhibition in the business. One key system is the need to target web watchers to its program. Such a move is advocated by the way that the proficiency rate in UK is above 95% other than having high pace of web clients. The other basic issue that the association is pondering is the issue of awful climate. It is significant that the association ought to consider directing indoor occasions to maintain a strategic distance from odds of awful climate destroying the occasion. The other two key issues that are of worry to the Secret Garden Party incorporate the estimating of the tickets and the measures to guarantee that this yearly occasion doesn't conflict with some other occ asion. In any case, the two principle issues, which will be placed into point of view, incorporate the evaluating of the tickets and the measures to guarantee that this yearly occasion doesn't conflict with some other occasion. So as to ensure that the yearly occasion registers most extreme participation, it is reasonable that the date where the occasion is organized doesn't conflict with some other significant occasion. ... The occasion is in every case truly important deciding by how admirers of the celebration consistently anticipate the occasion (Cronk and Hill, 2008). The other avocation of setting a novel date is for the coordinations reasons; arranging such a worldwide occasion is no mean fete, and it gets progressively troublesome if a few different projects are being sorted out around a similar date. A program of that gauge requires safety efforts, philanthropic measures, and appropriate sanitation for the visitors. Every one of these prerequisites are constantly achieved on this occasion on account of the way that it is determined to a one of a kind date. The other key issue is the issue of valuing. Research by the occasion coordinators uncovered that lion's share of the admirers of this yearly occasion are hesitant to go to the occasion attributable to the way that the ticket costs are past their scope. The occasion coordinators must be alive to the way that bringing down the ticket costs will go far to expand the quantity of participation to the occasion significantly. To be sure, it is smarter to lessen costs, which will expand the quantity of participation subsequently augmenting the incomes for the occasion (Kinnie, 2003). Lessening the costs won't influence the overflow at the occasion on the grounds that the corporate backers related with the occasion consistently shoulder a large portion of the expenses caused at the occasion. Area 2 Several different ways can be utilized to accomplish the key issues talked about in segment 1 above. The issue of evaluating is basic to the budgetary feasibility of the yearly occasion. The coordinators of this occasion need to investigate different choices accessible to them in regards to the issue of valuing of the tickets. Presently, the ticket costs are high; this factor is shutting out potential admirers of the occasions from going to this in any case mainstream occasion (Kuchler, 2013). One
Monday, August 3, 2020
Bye Bye Weekends, See You In April
Bye Bye Weekends, See You In April Its that time of year again. I have a love-hate relationship with reading season. The love part is that I love reading apps. I love reading your stories (because they are all so different and awesome). I love seeing the choices people make, the ways in which people grow, the ways in which context affects everything. I love imagining all of you at MIT what youll get involved with, how youll contribute to our culture and community. (This last one is a bad idea with such a low admit rate, it always leads to me being heartbroken in March, but nonetheless I cant help myself.) The hate part is simply that there arent enough hours in the day. So when Im reading, Im feeling guilty about the other parts of my job that are getting placed on the back burner (were simultaneously rewriting and redesigning the viewbook, the financial aid piece, the minority student brochure, and the admit pack all due by years end). And when Im giving attention to those things, Im constantly worried about my read rate. Its a vicious cycle. Even when Im hanging out with my kids, Im thinking of all the work I should be doing instead (which is something I simply need to get over). Once the EA apps are in, the questions and anxiety seem to really heat up in the applicant pool. So I also try to prioritize some time each day to put the counselor in admissions counselor answer email, be attentive to the MIT forum on CC, etc. To me, this is probably the most important part of my job during this time. Hey, perhaps next year the applicants could try to get all stressed out a few months early, to better fit into our reading and selection schedule. :-) (Kidding, of course.) Its a balancing act, certainly. But I do feel prepared even moreso now that Ive been through a complete cycle at MIT. I was cocky this year, thinking that my read rate was going to go way up immediately. I was wrong (although I am better than last year, for sure). Ill get there. In the meantime, Im determined not to feel guilty if I need to spend an hour on a single app. Sometimes thats just what it takes. Anyway, you guys hang in there and try not to worry too much. For those of you who have applied EA, theres pretty much nothing for you to do but wait it out. And while you wait, have fun! :-) Answers to the latest round of questions coming later this week.
Sunday, June 21, 2020
Criminal Justice Act 2003 - Free Essay Example
Criminal Justice Act 2003 ââ¬ËParliaments purpose in the legislation, as we divine it from the terms of the Act, was to assist in the evidence based conviction of the guilty, without putting those who are not guilty at risk of conviction by prejudice (R v Hanson [2005] 2 Cr App R 21, Rose LJ at [4]). In light of the above statement, evaluate the provisions of the Criminal Justice Act 2003, and the relevant case law under the Act, relating to attack on anothers character. Sections 98 to 113 of the Criminal Justice Act 2003 (CJA) represent a significant change from the accepted common law approach to the methods by which bad character evidence could be introduced in the course of criminal trial proceedings. Notwithstanding the criticisms directed against the legislation from various quarters, an objective appraisal of the provisions themselves and the judicial interpretations provided since the passage of the CJA confirms that to a large degree, the observations of Rose LJ noted in the title as to Parliaments purpose are accurate. As importantly, the evidentiary regime established in the CJA strikes a fair and fundamental balance between the principles of reasonable doubt, the right of the defendant to make full answer and defence to a criminal charge, and the societal interest in the effective prosecution of crime. This paper commences with an overview of the most important changes to the previous law concerning bad character that are now established by the CJA. The procedure contemplated by the joint effect of the CJA provisions and the Criminal Procedure Rules (CPR) is also considered and evaluated. The paper then provides an examination of the principles that support the ad missibility of bad character evidence concerning defendant and non-defendant witnesses, with the seven specific ââ¬Ëgateways for such evidence as defined by the CJA given specific consideration. The cases decided since 2004 and relevant academic commentaries are also highlighted. There are three particular aspects to the CJA regime that guide the present analysis and require specific attention in this regard. These are: The abolition of the common law rules that previously governed such admissibility as well as the prior rules provided in the Criminal Evidence Act 1898 concerning the cross-examination of defendants as to character Evidence of bad character concerning a non-defendant is admissible by leave of the court on specific grounds Evidence of the defendants bad character is generally admissible on a wider range of prospective trial issues, by virtue of the seven specific ââ¬Ëgateways established by the CJA There is no question that the Criminal Justice Act 2003, Part 11 represents a fundamental alteration of prior English law concerning the general admissibility of bad character evidence. Placed in an admittedly restricted nutshell, the prior law confirmed that the prosecution could not adduce evidence of the defendants bad character (other than evidence concerning the offence charged or offences against the administration of justice committed in relation to the offence charged). The prosecution was also prohibited from leading evidence of the defendants propensity to commit criminal acts even if relevant to the charge. In this way, the previous bad character evidence rules were an exception to the general rule that all relevant evidence is admissible in a criminal trial. The traditional caveat advanced in this respect that justified the exclusion of evidence of bad character was that it is often irrelevant to the proof of a defendants guilt; insofar as it is relevant, its prej udicial effect outweighs its probative value. The reworking of the law in the CJA commences with the definition of bad character provided at s.98 and s.112. There are two specific ingredients in the definition. Bad character evidence may include any evidence of misconduct or a ââ¬Å"dispositionâ⬠towards misconduct; it may also include misconduct established through evidence of the ââ¬Å"â⬠¦commission of an offence or other reprehensible conductâ⬠. Subject to special procedures that governed the admissibility of ââ¬Ësimilar fact evidence that also may have provided the basis for bad character evidence to be admitted against a defendant, the case law that has subsequently interpreted the admittedly broad expressions ââ¬Ëmisconduct and ââ¬Ëreprehensible conduct as employed in the CJA has given each phrase a sensible meaning. If the entire purpose of criminal evidence rules may be summarised as achieving the balance between private rights to full def ence and the interest of the state as contended in the papers opening paragraph, the case law achieves this purpose. In Weir, the Court of Appeal determined that the propensity to commit crime on the part of an accused could be proven with reference to the defendants commission of other crimes, but the prosecution could establish propensity by other means. The ââ¬Ëother means were fleshed out in the other case law, including Renda, where the Court ruled that a prosecution witness may be cross-examined about incidents of misconduct known to the defendant which had never themselves been the subject of a criminal charge. It is contended that a greater breadth afforded judicial discretion to admit bad character does not improperly impair the defence so much as it ensures a greater range of relevant evidence may be considered by the court. This discretion is placed within a procedural construct that has proven useful in the relatively brief life of the CJA provisions. The pr osecution is required to provide the defendant a minimum of 14 days notice of its intention to introduce bad character evidence at trial; the defendant has the opportunity to object prior to the tendering of the proposed evidence and a ruling will be obtained accordingly. The procedure applies to bad character evidence proposed by the prosecution and such evidence a defendant proposes to call with respect to a co-defendant. These rules achieve two important results not necessarily guaranteed under the former regime where applications of this nature were regularly permitted to be made by trail judges within the trial proper. The defence will not be surprised or in any way caught unawares by the prosecution application to rely on bad character evidence. In a system of justice that historically exhibited reluctance to provide full disclosure of the entire case relied upon by the prosecution in advance of trial, this Rule is a very positive development that promotes the overarc hing principle of procedural fairness. The secondary benefit achieved through this procedure is a more focused trial. Jurors and witnesses ought to expect that they shall attend a proceeding that will not be diverted from the orderly calling of evidence by virtue of unexpected motions brought to resolve questions of admissibility that can be resolved efficiently at the pre-trial application stage. Further, the notice provisions provided in the CJA and the Rules of Criminal Procedure permit all parties to make appropriate enquiries in advance of trial concerning the intended evidence. In this important sense, the relevance of the evidence can be buttressed or challenged in a thorough and effective way where appropriate. The distinction in the treatment of bad character evidence that pertains to non-defendants and defendants is confirmed in s. 100 CJA. It is important to note that the often problematic evidentiary rules concerning the cross-examination of a sexual assault complainant are excluded from the operation of the CJA in this respect. It is contended that this exception is the one significant difficulty revealed by the revisions. The special provisions that were enacted to govern the admissibility of prior sexual history evidence have attracted significant attention. For example, there is a legitimate need to ensure that a defendant in a sexual offence prosecution is not permitted to equate the fact that a woman did not make complaint concerning his conduct at an earlier time with the conclusion that the present complaint must be false. Criminal trials should not be determined on the basis of ââ¬Ërape myths or stereotypical notions of how a rape victim ought to behave. However, it would be preferable that all criminal evidence be evaluated using the same criteria. The CJA framework is entirely suited to prevent the introduction of such evidence when the ââ¬Ëgateway principles are applied; special consideration for specific offenc es undermines the cohesiveness of the law. In all other respects, the language used in s. 100 section provides the clearest possible demarcation between the permitted approaches to the tendering of non-defendant bad character evidence. Only where the proposed evidence is important explanatory evidence, or where the evidence is directed to an issue in the proceedings and it is of substantial importance to the presentation of the case as a whole may it be admitted. The section provides amplification on the definition of the phrase ââ¬Ëimportant explanatory evidence as evidence without which the jury would find the case difficult or impossible to understand (all emphasis added). A semantic criticism may be made that the use of ââ¬Ëdifficult and ââ¬Ëimpossible in the same definitional expression is clumsy and may lead to inconsistency given the different each term provides as a condition precedent to admissibility. However, the underlying philosophy inherent in the s ection is sound. Bad character evidence that relates to non-defendants ought to be pre-screened by the trial judge to ensure its relevance and to give greater assurance that the trial process is not distracted from the consideration of important evidence. The subsequent case law has properly limited ââ¬Ëmisconduct evidence to exclude an arrest on a criminal charge; the section imposes a higher test with respect to the introduction of a non-defendants bad character than does the test for the introduction of a defendants bad character. Prospective bad character evidence concerning a defendant is potentially admissible through one or more of the seven procedural ââ¬Ëgateways established in s. 101 (1) CJA. Each provision has a valid trial fairness objective; for example, bad character admitted on consent, or such evidence led to rebut a defence attack on another persons character are as rooted in common sense as they are fair adjudicative principles. The gateways that res tate the importance of explanatory evidence to give a fact situation appropriate context, and the traditional relevance / probative value versus prejudicial test developed in the common law warrant further examination in this regard. These are the most important and the most litigated provisions in the gateway structure. Edwards provides a useful example of how a court will assess how important background evidence must be to the understanding of the entire case. In this decision, the Court of Appeal confirmed that for a jury to properly understand the nuance of a heroin trafficking transaction, evidence could be called by the prosecution to explain how such transactions proceeded if they were to understand why a witness said that they could identify the defendant. Relevance to an important matter between the defence and the prosecution as described in s. 101 (1) (d) CJA is not restricted to the defendants alleged propensity to commit the subject crime or crime generally. The provision represents a barrier to the prosecution to call such evidence if it is not central to its chief purpose. For example, whilst the previous common law based limitations on the tendering of a defendants criminal record was often regarded as highly prejudicial to the prosecution, the revisions enacted in the CJA provisions do not countenance the wholesale introduction of such evidence, notwithstanding how attractive the evidence might be to the prosecution in the context of its desire to make the most of its position. Campbell is a decision that underscores why the CJA provisions strike the appropriate balance between defendant interests and the jurys ability to fairly decide the case. The trial judge in Campbell permitted the jury to hear evidence of the defendants two prior convictions without permitting them to hear any other background into those earlier events. It is not surprising that after the judges charge to the jury, this question was asked by the jur y, ââ¬Å"What was the significance of revealing the defendants two previous assault convictions? Anything else we should know?The introduction of a criminal conviction alone absent information that provides context to the events that led to the previous entry may result in a skewed understanding of the defendant that prejudices the defence position; the approved course by virtue of Campbell is that the jury should be warned not to attach too much weight to bad character evidence, let alone conclude that the defendant is guilty simply because of his bad character. The substantial probative value requirement for bad character evidence as confirmed in s. 101 (1) (e) reinforces the traditional bedrock proposition of criminal evidence admissibility ââ¬â judges must ensure that the probative value exceeds its prejudicial effect. By placing this important principle within the seven avenue evidentiary gateway, the CJA achieves a comprehensive effect concerning the admissibility and appropriate evaluation of bad character evidence that the prior pastiche of common law principles and circumstance driven exceptions could never achieve. When all of the provisions discussed above are taken together, a clear picture is drawn of the over all effect of the CJA with respect to the admissibility of bad character evidence. The law has been made more certain, but not at the expense of trial or procedural fairness. Relevance and probative value are given their due, and the ability of the defence to counter evidence that passes the CJA standards is unimpaired by its approach as contained in sections 98 to 113. Bibliography Statutes and Rules considered Canadian Charter of Rights and Freedoms 1982 Canada Evidence Act 1990 Criminal Justice Act 2003, ss. 98 -113 Criminal Procedure Rules, Part 35 Cases and reports considered A, R v [2001] 3 All ER 1 Boardman v DPP [1975] AC 421 Bovell and Dowds, R v [2005] EWCA Crim 1091 Campbell, R v [2007] 1 WLR 2798 Corbett , R. v. (1988) 41 C.C.C. (3d) 385 Edwards, Fysh Duggan Chohan, R v [2005] EWCA Crim 1813 Hanson, Gilmore and Pickstone, R v [2005] EWCA Crim 824 Highton, Van Nguyen and Carp, R v [2005] EWCA Crim 1985 Humphris, R v [2005] EWCA Crim 2030 Maxwell v DPP [1935] AC 309 OBrien v Chief Constable of South Wales Police [2005] 2 WLR 1038 Renda Others, R v [2005] EWCA Crim 2826 Weir Others, R v [2005] EWCA Crim 2866 Authorities considered Allen, Christopher (2006) Evidence QA 2005-2006 6/e London: Cavendish Routledge Crown Prosecution Service (2008). Bad Character Evidence [online] Retrieved March 15, 2010 at: https://www.cps.gov.uk/legal/a_to_c/bad_character_evidence/ Durston, Gregory (2004) ââ¬ËBad character evidence and non-party witnesses under the Criminal Justice Act 2003 International Journal of Evidence and Proof 8, 4: 233-239 Law Commission Evidence of Bad Character in Criminal Proceedings (Report) [2001] EWLC 273(2) Fowles, Tony (2006) ââ¬ËCounterblast: The Criminal Justice Act 2003 The End of an Era? Howard Journal of Criminal Justice 45, 1: 71-73 OBrian, William E. (2009) ââ¬ËThe Right of Confrontation: US and European Perspectives Warwick S chool of Law Research (2005) 121 LQR 481-510 Spencer, J.R. (2006). Evidence of Bad Character. Oxford: Hart Publishing. E.g. Fowles, Tony (2006) ââ¬ËCounterblast: The Criminal Justice Act 2003 The End of an Era? Howard Journal of Criminal Justice 45, 1: 71-73; OBrian, William E. (2009) ââ¬ËThe Right of Confrontation: US and European Perspectives Warwick School of Law Research (2005) 121 LQR 481-510 The Bibliography reveals a large number of decisions in this area that were rendered between 2005 and 2007, the time frame within which the first trial decisions that applied the new CJA procedures were considered by the Court of Appeal. S.99 (1) CJA S.100 S. 101(1); the ââ¬Ëgateways are subsections (a) through (g) Ss.98 to 113, CJA E.g. Escaping lawful custody or resisting arrest Maxwell v DPP [1935] AC 309 ; Lord Hailsham described the contests between prosecution and defence over propensity evidence as having left a ââ¬Å"pitted battlefield â⬠( DPP v Boardman [1975] AC 421, 445), a testament to the historical importance of this issue in English law that underscores the significance of the CJA provisions Law Commission Evidence of Bad Character in Criminal Proceedings (Report) [2001] EWLC 273(2) Ss. 98, 112 Similar fact evidence admissibility (so called) was subject to the common law rules confirmed in Boardman v DPP [1975] AC 421, where the fundamental evidentiary test of prejudicial effect versus probative value applicable to all types of evidence generally governed similar fact admissibility Weir Others, R v [2005] EWCA Crim 2866 Renda Others, R v [2005] EWCA Crim 2826 By virtue of the combined operation of ss. 111(2), CJA and Part 35, Rules of Criminal Procedure ibid Ibid; see Hanson, [2005] EWCA Crim 824, para 117 Other Anglo-American jurisdictions such as Canada opted to enshrine full disclosure and prosecutorial notice in bad character evidence applications in their laws so me years ago. See Canadian Charter of Rights and Freedoms, s.7, the Canada Evidence Act, s. 12 and the leading case of Corbett (1988), 41 C.C.C. (3d) 385 at 399-401 See Humphris [2005] EWCA Crim 2030; Edwards [2005] EWCA Crim 1813; Bovell and Dowds [2005] EWCA Crim 1091, all cases that reinforce the relationship between procedural fairness and the s.111(2) CJA provisions S. 41 Youth Justice and Criminal Evidence Act; see also Durston, Gregory (2004) ââ¬ËBad character evidence and non-party witnesses under the Criminal Justice Act 2003 International Journal of Evidence and Proof 8, 4: 233-239 R v A [2001] 3 All ER 1 ibid Weir, para 73, 74 Ibid, 36; see also OBrien v Chief Constable of South Wales Police [2005] 2 WLR 1038 S.101 (1) (a) S.101 (g) S. 101 (c); the traditional rules concerning res gestae statements will form a part of this consideration Ss. 101 (d) and (e), respectively [2005] EWCA Crim 1813, para 70, 71 Ibid; an important weaknes s in the prior law is discussed in Crown Prosecution Service (2008). Bad Character Evidence [online] Retrieved March 15, 2010 at: https://www.cps.gov.uk/legal/a_to_c/bad_character_evidence/, at part 2 (Principle); the prior law did not define what constituted background See e.g. Highton, Van Nguyen and Carp [2005] EWCA Crim 1985; see also generally Spencer, J.R. (2006). Evidence of Bad Character, c.1, 2 See Campbell [2007] 1 WLR 2798 Ibid Ibid, para 14 Ibid, para 45 Boardman , supra; see also Allen, Christopher (2006) Evidence QA 2005-2006 6/e Spencer, 4.20, 4.29
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