Tni Or Training Need Indentifaction Commerce Essay

Tni Or Training Need Indentifaction Commerce Essay This is basically identified by the supervisor / manager as per the performance of the individual or the future plan of growth which has been charted.. But many organistaions who have a complete Performance Management System in place, fix the TNI upon mutual agreement with the concerned employee and supervisopr/manager in accordance with the goals determined and agreement upon for the next PMS cycle. Sometimes TNI is also fixed upon to improve an individuals performance/skill. There are so many ways for conducting a Training Needs Analysis, depending on the situation. Is it to lead in to a design of a specific purpose improvement initiative? Is it for managers to identify training and development needs of their individual staff during the performance appraisal cycle? Is it to devise a calendar of training courses? How best to conduct the analysis will depend on your answer to this question. In any case, determining training needs starts with a gap analysis the gap between what skills your employees have and what they need to move the business forward. We should use one or more of the following data sources: Training Needs Analysis (TNA) is an essential first step in management development. If we wish to achieve the greatest improvement in performance and best value from your investment in training, development, practical experience or networking, we should first undertake a comprehensive training needs analysis. This will form the basis for designing a cost effective management or talent development programme. Training needs analyses can incorporate a 360 ° feedback survey, or an analysis of current corporate needs. For senior individuals an intensive interview programme, including work shadowing can be justified. Design a TNA:- Before starting on a training needs analysis, it is desirable to carry out an audit of the current situation, desired changes in job or responsibility, and probable technological and organisational developments. This will provide the information needed to determine what is required of the individual, team or organisation. Then we can determine performance standards in terms of skills, contacts and practical experience. Simple questionnaires help us identify where individuals stand on a range of competences in management, corporate goverance and director behaviour, and corporate culture. Both the process of answering the questions, and the feedback will contribute to self awareness, especially if the results include contributions from line manager, peers and direct reports. The training need is the difference between the current performance and the required performance. 360 ° feedback surveys :- A 360 ° feedback survey helps the organisation obtain quality information about performance and relationships by posing a set of standard questions to an individuals line manager, peers and direct reports. This all around (360 °) approach identifies any variation of behaviour in different roles and minimises personal bias. Brefi group recommends that a 360 ° survey should precede any developmental coaching programme. When reviewing an individual it is often best to ask open questions such as: Keep doing:  What are the things which  name currently does which help you and which you hope (s)he will continue to do? Do more of:  What are the things you would like  name to start doing or do more of? Do less of:  What are the things which  name does which get in the way and which you would like to be done less often? Development needs:  What are the areas upon which you feel  name should really concentrate in order to improve the managerial performance of the organisation? You may wish to highlight aspects of how (s)he manages or specific objectives or accountabilities which you feel need attention. Personal strengths:  What do you see as the key strengths which  name brings to his/her job? This information can then be consolidated by an independent consultant and fed back in a relatively unattributed manner. However, for a larger or organisation-wide survey it is better to get numeric information that can be analysed and presented by computer. Brefi Group has developed two on-line TNA analysis programs for this purpose. BuddyCoach is a low cost on-line service for individuals the basic service is free. Using standard questions based on competencies in personal effectiveness, managing communications, managing people, effective directorship and corporate culture an individual can obtain an analysis of personal strengths and development needs. For a small charge up to ten others line manager, peers and direct reports for instance can be invited to comment too. The graphical results contrast the results from the different categories of feedback and also compare them with the norm for our international database. For each competence result there are suggestions of how to improve. CorporateFeedback is a powerful tool for organisations to identify individual and corporate training needs. It is a fully customisable on-line 360 ° feedback program which draws on a reservoir of independently benchmarked competencies for managers and directors. The software is hosted on our servers but can be fully integrated into the website or intranet within a template of your design. CorporateFeedback offers a choice of job role, that can either be specified by the client or draw on our standard list. Within each job role there is a choice of modules, such as managing people or managing finance. Again, these can be specified by the client or draw on our existing selection. Each module comprises a number of competencies. Brefi Group has evolved a large selection of competencies, many based on international standards. Clients can draw on these and also include specific competencies relevant to their own organisation. Each competence is represented by four statements which are included randomly in the questionnaires with options to agree or disagree. The results are presented graphically, with options for department heads and HR departments to view consolidated results and for learning recommendations to be included within each category. Personal interviews Personal interviews by a trained interviewer who is independent of the organisation is a means of obtaining high quality information about an individual or members of a team. Not only can the interviewer collect standard information, but he/she can ask penetrating questions to identify the reasons for the feedback. The information can be fed back to the subject in a non-attributable manner, but with much more information, including not only actual quotes but theappropriate voice tone and emphasis of the original quote. If the interviewer is also commissioned to coach the individual or team, this quality information will ensure that real issues are properly dealt with. Work shadowing Work shadowing involves a coach spending time with an individual while he or she is carrying out their normal work. The coach sits in on meetings and observes the individuals behaviour in different circumstances. Feedback can then be immediate, or compiled into a formal report. The instant feedback is a valuable part of the coaching process. Conventional training is required to cover essential work-related skills, techniques and knowledge. Importantly however, the most effective way to develop people is quite different from conventional skills training, which lets face it many employees regard quite negatively. Theyll do it of course, but they wont enjoy it much because its about work, not about themselves as people. The most effective way to develop people is instead to  enable learning and personal development, with all that this implies. So, after covering the basic work-related skills training,the focus should be on   enabling learning and development for people as individuals   which extends the range of development way outside traditional work skills and knowledge, and creates far more exciting, liberating, motivational opportunities for people and for employers. Rightly organisations are facing great pressure to change these days to facilitate and encourage whole-person development and fulfilment beyond traditional training. As with this website as a whole, this training guide is oriented chiefly around whats good for people, rather than chiefly whats profitable for organizations. The reason for this is that in terms of learning, training and development, whats good for people is good for the organizations in which they work. Whats good for peoples development is good for organizational performance, quality, customer satisfaction, effective management and control, and therefore profits too. This is central to a fairly balanced  Psychological Contract  in employment organizations. Profit is an  outcome  of managing and developing people well. People and their development enable profit. Enable people and you enable profit. Organizations which approach training and development from this standpoint inevitably foster people who perform well and progress, and, importantly, stay around for long enough to become great at what they do, and to help others become so. Training is a very commonly used word, but  learning  is in many ways a better way to think of the subject, because learning belongs to the learner, whereas training traditionally belongs to the trainer or the organization. Training should be about  whole person development   not just transferring skills, the traditional interpretation of training at work. Whatever your role and responsibility, you might not immediately be able to put great new emphasis on whole person development. Being realistic, corporate attitudes and expectations about what training is and does cannot be changed overnight, and most organisations still see training as being limited to work skills, classrooms and powerpoint presentations. However, when you start to imagine and think and talk about progressive attitudes to developing people beyond traditional skills training for example: enabling learning facilitating meaningful personal development helping people to identify and achieve their own personal potential then you will surely begin to help the organisation (and CEO) to see and accept these newer ideas about what types of learning and development really work best and produces class-leading organizations. Training is also available far beyond and outside the classroom.  More importantly, training or learning, to look at it from the trainees view is anything offering learning and developmental experience.  Training and learning development includes aspects such as: ethics and morality; attitude and behaviour; leadership and determination, as well as skills and knowledge. Development isnt restricted to training its anything that helps a person to grow, in ability, skills, confidence, tolerance, commitment, initiative, inter-personal skills, understanding, self-control, motivation and more. If you consider the attributes of really effective people, be they leaders, managers, operators, technicians; any role at all,  the important qualities which make good performers special are likely to be attitudinal. Skills and knowledge, and the processes available to people, are no great advantage.  What makes people effective and valuable to any organization is their attitude. Attitude includes qualities that require different training and learning methods. Attitude stems from a persons mind-set, belief system, emotional maturity, self-confidence, and experience. These are the greatest training and development challenges faced, and there are better ways of achieving this sort of change and development than putting people in a classroom, or indeed by delivering most sorts of conventional business or skills training, which people see as a chore. This is why training and learning must extend far beyond conventional classroom training courses. Be creative, innovative, and open-minded, and you will discover learning in virtually every new experience, whether for yourself, your team, or your organization. If you want to make a difference, think about what really helps people to change. All supervisors and managers should enable and provide training and development for their people training develops people, it improves performance, raises morale; training and developing people increases the health and effectiveness of the organization, and the productivity of the business. The leaders ethics and behaviour set the standard for their peoples, which determines how productively they use their skills and knowledge. Training is nothing without the motivation to apply it effectively. A strong capability to plan and manage skills training, the acquisition of knowledge, and the development of motivation and attitude, largely determines how well people perform in their jobs. Training and also  enabling learning and personal development   is essential for the organisation. It helps improve quality, customer satisfaction, productivity, morale, management succession, business development and profitability. Use these tools and processes to ensure that essential work-related skills, techniques, and knowledge are trained, but remember after this to concentrate most of your training efforts and resources on  enabling and facilitating meaningful learning and personal development for people. There is no reason to stop at work-related training. Go further to help people grow and develop as people. Induction Training is especially important for new starters. Good induction training ensures new starters are retained, and then settled in quickly and happily to a productive role. Induction training is more than skills training. Its about the basics that seasoned employees all take for granted: what the shifts are; where the notice-board is; whats the routine for holidays, sickness; wheres the canteen; whats the dress code; where the toilets are. New employees also need to understand the organisations mission, goals and philosophy; personnel practices, health and safety rules, and of course the job theyre required to do, with clear methods, timescales and expectations. Managers must ensure induction training is properly planned an induction training plan must be issued to each new employee, so they and everyone else involved can see whats happening and that everything is included. These induction training principles are necessarily focused on the essential skills and knowledge for a new starter to settle in and to begin to do their job.. An organisation needs to assess its peoples skills training needs by a variety of methods and then structure the way that the training and development is to be delivered, and managers and supervisors play a key role in helping this process. Peoples personal strengths and capabilities   and aims and desires and special talents (current and dormant)   also need to be assessed, so as to understand, and help the person understand, that the opportunities for their development and achievement in the organisation are not limited by the job role, or the skill-set that the organisation inevitably defines for the person. As early as possible, let people know that their job role does not define their potential as a person within or outside the organisation, and, subject to organisational policy, look to develop each person in a meaningful relevant way that they will enjoy and seek, as an individual, beyond the job role, and beyond work requirements. If possible top-up this sort of development through the provision of mentoring and facilitative coaching (drawing out not putting in), which is very effective in producing excellent people. Mentoring and proper coaching should be used alongside formal structured training anyway, but this type of support can also greatly assist whole-person development, especially where the mentor or coach is seen as a role-model for the persons own particular aspirations. Its important that as a manager you understand yourself well before you coach, or train or mentor others: Are your own your own skills adequate? Do you need help or training in any important areas necessary to train, coach, mentor others? What is your own style? How do you you communicate? How do you approach tasks? What are your motives? These all affect the way you see and perform see the training, coaching or mentoring role, and the way that you see and relate to the person that your are coaching, or training, or mentoring. Your aim is to help the other person learn and develop not to create another version of yourself. When you understand yourself, you understand how you will be perceived, how best to communicate, and how best to help others grow and learn and develop. And its vital you understand the other persons style and personality too how they prefer to learn do they like to read and absorb a lot of detail, do they prefer to be shown, to experience themselves by trial and error? Knowing the other persons preferred learning style helps you deliver the training in the most relevant and helpful way. It helps you design activities and tasks that the other person will be more be more comfortable doing, which ensures a better result, quicker.   Many organizations face the challenge of developing greater confidence, initiative, solutions-finding, and problem-solving capabilities among their people. Organisations need staff at all levels to be more self-sufficient, resourceful, creative and autonomous. This behaviour enables staff can operate at higher strategic level, which makes their organizations more productive and competitive. Peoples efforts produce bigger results. Its what all organizations strive to achieve. However, while conventional skills training gives people new techniques and methods, it wont develop their maturity, belief, or courage, which is so essential for the development of managerial and strategic capabilities. Again, focus on developing  the person, not the skills. Try to see things from the persons (your peoples) point of view. Provide learning and experiences that theyd like for their own personal interest, development and fulfilment. Performance and capability are ultimately dependent on peoples attitude and emotional maturity. Help them to achieve what they want on a personal level, and this provides a platform for trust, emotional contracting with the organisation, and subsequent skills/process/knowledge development relevant to managing higher responsibilities, roles and teams. 2.Examining training in large municipalities: linking individual and organizational training needs. By Willow Jacobson Ellen V. Rubin Sally Coleman Selden    |   Ã‚  Public Personnel Management     Winter, 2002 Both practitioners and academics in the private, not-for-profit, and public sectors are increasingly focusing attention on organizational and  human resource  management  performance. An important component or predictor of government performance is  its  training  infrastructure. It helps organizations recruit and retain workers, as well as ensure that workers have the requisite skills and opportunities to perform in their current and future positions. Training is a direct means of developing individuals, and subsequently organizational capacity. This capacity, in turn, is linked to overall organizational performance. This article utilizes data collected as part of a national study of local, state, and national governmentthe Government Performance Project. Specifically, it focuses on training in the largest municipalities in the United States. First, this article briefly reviews the existing research on training, demonstrating the need for a holistic examination of training in the public sector. Second, using data from the Government Performance Project, it describes the nature of training in 33 of the 35 largest cities in the United States. Finally, drawing upon what was learned through survey questions and personal interviews with city officials, this article presents a training model that integrates employees, the organization, and the environmental context in which employees and the organization operate. A recurring discussion in the training literature relates to the categorization of trainingmanagement training, technical training, and skills of an aging workforceand the inclination on the part of scholars is to limit their research to a particular type of training. As responsibility for the delivery of public sector goods and services is passed down to local governments, understanding the opportunities and mechanisms for developing employees becomes increasingly more important. With this delegation of responsibility come expectations that local government employees will deliver an increasing range of services. The need to provide additional services corresponds to a need to train employees for the delivery of extended services. Furthermore, in an increasingly competitive job market, it is essential that governments explore training as both an opportunity to retain employees and as a means to attract and develop new employees. This article is designed to fill the gap of knowledge about training in local governments by examining and discussing training for all employees and managers. In addition, this article will look at the relationship between different measures related to training and the environment. Finally, based upon data collected and analyzed, we develop a framework that can be used to guide government planning and training analysis. The human  resource  management  survey instrument contained a series of multi-part, open-ended questions designed to yield information about a given citys training system. The survey instrument was designed and pretested in four states, four local governments, and four federal agencies in 1997. Based on this pilot study, the instrument was revised and streamlined to focus as directly as possible on the evaluation criteria for human resource management. After completing a survey of 50 states in 1998, the survey was revised. Training need identification:- Some cities track employees training records centrally, while others assign this responsibility to individual agencies in which employees work. Specifically, in 76.0 percent of cities, the central personnel department keeps records of individual employee training, and in 66.6 percent, individual departments keep records. Records kept by the central office were computerized more frequently (82.6 percent) than those kept at the department level (50.0 percent). Computerized records allow managers and policy makers easier access for planning and analysis. Having a training catalog on the Web can make it easier for employees to stay up-to-date with course offerings. Honolulu and Jacksonville are two cities that provide online training catalogs. Finally, cities may offer incentives to encourage training. Other incentives for obtaining training are the rewards employees receive for completion. The GPP identified five possible rewards for training: class certification, college credit, recognition by supervisor(s), meal (ceremony), and skill pay. Rewards for training can motivate employees to not only seek, but complete training. Despite their potential positive impact, the survey results show that less than a third of cities offer rewards for completing training  explored a series of bivariate relationships between training-related measures and environmental factors including unionization, workforce planning, and workforce age. Unionization and workforce planning are significantly associated with diversity of training opportunities and training capacity. Monetary encouragement is significantly associated with average workforce age; however, the nature of this relationship is negative.   While the data is useful in providing information about the array of courses offered and a broad sense of the training environment structure, it offers limited insights about the quality of course offerings or the extent to which training meets the strategic needs of the government. As a result, this article develops a framework that structures our understanding of training from both the individual employee perspective and the organizational perspective. The model clarifies how the organizations training structure represents two distinct components and how these components may be prioritized. Strategic Systems Training Model: An Integrated Approach The Strategic Systems Training Model (SSTM) is based on the premise presented by Abraham Maslows A Theory of Human Motivation (1943) in which he describes a hierarchy of needs: when a foundational need is met, a more complex need emerges that an individual strives to fulfill. It is the emerging tension that motivates employees. Maslows model is based on the assumption that all individuals have needs that underlie their motivational structure, and as a lower level need is fulfilled, that need no longer drives behavior. However, a new higher order need becomes the source for motivation. (22) Component 1: The Individual Employee Using Maslows model as a starting point, he argues that humans have individual motivational structures. We take a similar approach and argue that individuals have individual training structures. In Maslows model, individuals are motivated at the most basic level by physiological needs that include their basic survival needs. In the individuals training structure, the most basic level of need is training on minimal occupational skills needed for basic employment survival. Depending on the individual, this may be basic literacy training or basic computer training. As shown in Figure 1, as an individual moves up the hierarchy, his or her motivation becomes more refined and specific. Similarly, as public sector employees progress through the training hierarchy of needs, the training requested becomes more advanced and specialized. n Maslows model, individuals still need to fulfill lower-level needs as they progress up the hierarchy. The training model begins to deviate from Maslows model at this point. Basic training does not need to be continually re-taught as more advanced training is undertaken, but the basic skills gained through previous training do need to be maintained. An individuals training structure is the  blueprint  for the training the individual needs to build his or her capacity, based upon the foundation of skills and training the person has already received. Component 2: The Organization An organization, like an individual, has its own training structure based on its needs and the skills of its workforce. (23) The training structure for an organization is made up of its employees, who bring their own training structures. Employees fill the layers within an organization; the organization needs to be aware of an employees current level of need and train him or her accordingly. The organization must also consider how the different needs and skills of its employees fit within the overall needs and mission of the organization. An organization that works to train all employees at the most basic level can then shift resources to other areas of training the organization needs to prosper. Furthermore, an organization must reconcile the obligation of meeting the training needs of its individual employees with its responsibility to develop an organizational training structure that suits its overall needs. An organization with a strategic focus advances and develops through its acquisition of new human capital and the development and training of its current human capital. The diversity of employees training needs means that an organization has to carefully plan its training structure to train employees at the appropriate level according to both individual and programmatic needs, which requires a more holistic understanding of how employees fit into the largerorganizational  structure  and how that employee contributes to the accomplishment of the organizations mission. Matching employees to training levels actually results in the separation of the organizational training structure into two training sub-structures or components: one that focuses on training managers and the other that focuses on general training. These two components are then treated as separate but interactive pieces of the organizations training structure. They can be prioritized and developed differently. The priority that one component may receive over the other is often due to limited resources, training philosophy, or other contextual factors. In an ideal system, both compone nts receive attention. In reality, one part is often prioritized over another due to budget constraints and other limited resources. This prioritization often relates to greater philosophical and contextual factors (see Figure 2). For example, cities that believe in succession planning, or filling management positions with people that have worked their way up through government, are more likely to focus their attention on the bottom triangle, expecting employees who complete those  training  courses to later progress into management positions. Thus, they want to advance the individual within that individuals training structure because they will take those skills to their next positions. This type of city is likely to prioritize the general training component. Cities that place a priority on the manager training structure might feel that trained managers transfer information to employees, so general training is not as important. This notion implies that managers act as trainers for employees, and as a result, fewer formal courses may be offered to general employees. This could lead to a less-developed training program. The transfer of training through informal networks does not allow for formal record keeping of an employees progress, thus making it difficult for the organization to accurately plan organizational training that meets individuals needs. Another explanation for the focus on the manager component could be justified by cities that are undertaking massive change; the priority may be to familiarize managers with changes so they can help transition the organization. Research has demonstrated the significance of the environment on organizational structure and behavior These examples demonstrate this significance by presenting factors that are outside the organizations training structure, yet have a serious impact on how the training system operates. The influence of these contextual factors on the training system are included as important explanatory factors in this model. This model serves two purposes in the planning process. First, it allows planning for individual training needs, and second, it allows planning at the organizational level. This second purpose is multidimensional, including the individuals that make up the organization, the capacity they bring to the organization, and how this interacts with meeting the future goals of the organization Conclusion:- This article presented a picture of training in 33 city governments, as well as key relationships that help us to understand training capacity, both overall and in relation to some of its key components. Cities offer a range of courses to general employees, ranging from the most basic to more advanced skills. Interestingly, fewer cities offer basic training than a more specialized set of training courses Finally, this article provides a model that helps to conceptualize individual training structures an

Imperialism in Africa

Explain what is meant by the term imperialism. Discuss the causes of imperialism in the 1800s. Kamar Findlay ID# 092165839 Mico University College Imperialism in Africa Mrs. Pitter October 29, 2011 Imperialism is â€Å"the creation and or maintenance of an unequal economic, cultural, and territorial relationship, usually between states and often in the form of an empire, based on domination and subordination† (Johnston, 2000. p. 375). In its simplest form Farah and Karls (2001) describes imperialism as one country’s domination of the political, economical and social life of another country.The Europeans imperialism during the 1800s occurs out of the advantages of strong economies, well organized governments and powerful armies and navies. ‘Superior technology including riverboats and telegraph, as well as improved medical knowledge also played a part’ (Esler et al 2009. p. 752). Advances such as the Maxim Machines Guns and steam driven warships were very st rong signals in persuading the Africans and Asian to accept European domination. European imperialism did not begin in the 1800s. European states have had empires in the Americas after 1492 and in South Asia and China.Imperialism has been found in the histories of Japan, the Assyrian Empire, the Chinese Empire, the Roman Empire, Greece, the Persian Empire, and the Ottoman Empire, ancient Egypt, and India and was a basic component in the conquest of weaker state. According to Smith (1998) the word itself, derived from the Latin verb imperare (to command), the Roman concept of imperium, while the actual term ‘Imperialism' was coined in the 16th century, reflecting what are now seen as the imperial policies of Belgium, Britain, France, the Netherlands, Portugal, and Spain in Africa, Asia, and the Americas.Imperialism not only describes colonial and territorial policies, but also economic and/or military dominance and influence. From about 1870 to 1914, imperialist gain control ov er much of the world. Leading the way were the soldiers, merchants, settlers, missionaries, and explorers. In Europe, imperial expansion found favor with all classes, from bankers and manufacturers to workers. Western imperialism expanded rapidly for a number of reasons. The imperialism in the 1800s resulted from four key factors.First, nationalism created an atmosphere in which rival European countries build empires in their competitive quest for dominance in Europe and indeed the world. Secondly, the Industrial revolution created an extraordinary demand for raw material and new markets, which in essence push industrialized nations to seek over sea territories. Thirdly imperialism rested on the notion of what was called the â€Å"White Mans Burden†. This was a belief that was held by the European powers that it was their responsibility to civilize the people who the belief was pagans.Farah and Karls (2001) lamented that humanitarian impulses inspired many individuals to leav e their secure lives at home and head for distant colonies. The desire was to spread western technology, religion, custom and tradition to those how were seen as the uncivilized. Finally, according to Ellis and Esler (2009) behind the idea of western civilizing mission was the growing since of racial superiority. European races, the lamented, were believed to be superior to all others and domination of the weaker races was simply nature’s way of improving the human species.Nationalism played a vital role in the drive towards imperialism. ‘Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms’ (Athena, 2001. p. 226) . It is also seen as the belief that a nation will benefit from acting independently rather than collectively, emphasizing national rather than international goals Ellis et al (2009) lamented that western leaders claimed that colonies were needed for nationa l security. In the last half of the 1800s European nations visualize them self as the ideal country.If Great Britain started a small colony in distant or Africa, France had to start one too-and so did Belgium, Germany, Italy, Holland, Spain, Portugal and Russia. Nationalism in the extreme promotes the idea of national superiority. Industrialized countries therefore felt they had the right to take control of weaker areas. Countries also tried to increase their power through the control of more land and people. In the 1800s Europe underwent a renewed period of imperialism which was very sophisticated in its nature. Much emphasis was placed on gaining or controlling a colony.The resources and wealth gain from the colony was used to finance war and the army as well as the economy. The stronger a European military gets the more power full that country become in Europe and as such gaining the wealth from a colony could either break or build the power and prestige of a nation. When France for example, moved into West Africa, rival nations such as Britain and Germany seized lands nearby to halt further French expansion. In essence the Europeans taught of the colonies as a source of security. So strong and sophisticated was the sentiment of nationalism that it set of what was known as a ‘Scramble for Africa.West Africa was already known to the European but the interior was untouched. The Belgian king Leopold the second occupies and carry profitable economic activities in the Congo (South Central Africa). Before long Britain, France, Germany and Italy were all lock in a tussle, pressing rivals claim to the region. According to Bickers and Henriot (2000), the scramble was turning out to be bloodshed between European powers. However this was somehow prevented with the calling of the Berlin Conference in Germany by the German Statesman Otto Von Bismarck.This conference was design to reach a peace full agreement over the partition of Africa, but it reflect the ideals of imperialism as only the European powers were invited to the meeting and yet still it was the land of the Africans they were dividing among themselves. The Industrial Revolution of the 1800s knew no borders. The era known as the Industrial Revolution was a period in which fundamental changes occurred in agriculture, textile and metal manufacture, transportation, economic policies and the social structure in England’ (Ashton, 1969. p. 24).Advances in agricultural techniques and practices resulted in an increased supply of food and raw materials, changes in industrial organization and new technology resulted in increased production, efficiency and profits, and the increase in commerce, foreign and domestic, were all conditions which promoted the advent of the Industrial Revolution. ‘The industrial revolution was the most compelling driving force behind imperialism in the 1800s’ (Thompson, 1964. p. 147). The newly build machineries and factory in Europe and the un ited state utilizes tons of raw resources and produces a tremendous amount of manufactured goods.Europe alone could not provide the raw material and the bulk the recourses needed for manufacturing would have to come from outside of Europe. On the same note the European market was becoming overwhelmed with producers and a new market was also needed for the selling of the manufacture goods. As such, face with the desire for well needed raw materials and new markets, the industrialize countries of Europe set out on a quest for new colonies in order to facilitate the needs of their new industrialize cities.Fascinatingly the areas such as East Asia, Africa and the Americas were scarcely known to the Europeans. However the little they know about areas was compelling enough to indicate that these regions amass a huge amount of resources. Thus it is not surprising that these regions would become the safe haven for European exploit of raw material and markets. According Ellis (2009) the indu strial revolution started with the textile industry in Britain and the amount of textile produce was dependent on the availability of cotton.Cotton was grown in huge amount in the regions of North Africa particularly the ancient civilization of Egypt. Cotton was also grown in excessive amount in India and because of this supply it came with little or no surprise that the British would seize the opportunity to colonize and bring these areas under their control. In great demand was raw material such as gold, copper, Rubber, diamond, silver, ivory, steel, Coal, Petroleum. Most of these resources if not all could be found in Africa and areas in the Middle East (Near East).As such these areas became the catalyst of European exploiting and economic activities. The economic demands of the industrial revolution were one of the reasons why these areas with the abundance of resources succumbed to the burden brought by the European imperials ideals. Europeans also ventured on a path to civiliz ed (Civilizing Mission) the people who they themselves claim as uncivilized. The ‘civilizing mission’ as it was term was notably the underlying principle of French and Portuguese  colonial rule  in the late 19th and early 20th centuries.Kuper (1965) lament that it was influential in the French colonies of  Algeria,  French West Africa, and Indochina, and in the Portuguese colonies of Angola, Guinea, Mozambique and Timor . The European colonial powers felt it was their duty to bring  Western Civilization  to what they perceived as backwards peoples. Rather than merely govern colonial peoples, the Europeans would attempt to westernize them in accordance with a colonial ideology known as â€Å"assimilation†. Those who did not practice the Christian faith were seen as pagans and as such it was the ‘white man burden’ (Europeans) to save these people by Christianizing them.According to Esler (2009) during the age of imperialism, growing numbers of catholic and protestant missionaries decided to bring the Christian message to the most remote parts of Africa and Asia. Like many other Europeans and Americans of this period, these missionaries believed that Christianity and Western Civilization together could benefit and transform the world. Educating the people into western education was just another aspect of European conquest as even the education itself was design in such a way to prevent the people from the colonies to accept their own traditions and culture.To achieve these goal missionaries usually set up churches schools and hospitals as well. Esler (2009) explained that some Europeans seized on the theory of Social Darwinism as a proof of their cultural and racial superiority. ‘Social Darwinism’ is a belief, popular in the late Victorian age in England, and America which states that the strongest or fittest should survive and flourish in society while the weak and unfit should be allowed to die’ ( Hawkins, 1997. p. 457).The European adopted this theory and truly put it into effect as one of their reason for conquest and imperial rule was because they saw themselves as the dominant race with the god given right to rule. European during the 1800s and the earlier half of the 1900s view the non-white race of Africa and Asia as barbaric and uncivilized or somewhat a lesser species of the human race. Because of these descriptions the European held it in their view that this race should be control and dominated by the superior race which of course was the Europeans.European domination led to erosion of traditional African and Asian values and destroyed many existing social relationships. Native peoples were forced to work long hard hours for subsistence pay. In an attempt to come to a conclusion, the research done have shown that imperialism in the 1800s was cause out of four key factors. These were the Industrial Revolution, Nationalism, religion and racial superiority. The econom ic demands of the industrial revolution had a profound impact on European economy and the colonies the governed. The more resources came from he colonies the wealthier and more power full the mother country became. In their quest was also to civilized the people of the colonies who the thought were barbaric. As such schools and church alike was established within the colonies. Imperialism was also driven on the basis of racial superiority. The Europeans held the view that they were superior to the colonies over which they dominated. Africa and Asia were the continents that succumb to the imperialist ideals of the 1800s. They were a region with a lot of resources and wealth which was needed to foster economic growth n Europe.Reference Athena,L (2001). Encyclopedia of Nationalism. New Brunswick: Transaction Publishers Ashton, T. S. (1969) The Industrial Revolution. London: Oxford University Press Chambers, J. D. The Workshop of the World. London: Oxford University Press, 1968. Esler, A and Ellis, E (2009) World History. USA: Prentice Hall Farah, A and Karls, A. B (2001) World history: the human experience. USA: McGraw Hill Hawkins, M (1997). Social Darwinism in European and American Thought 1860-1945: Nature and Model and Nature as Threat.London: Cambridge University Press Johnston, Ronald John (2000). The Dictionary of Human Geography (4th ed. ). USA: Wiley-Blackwell Kuper H,(1965) Urbanization and Migration in West Africa . California: Mayfield Publishers Company Bicker,R and Henriot,C (2000) New Frontiers: Imperialism's New Communities in East Asia, 1842–1953. Manchester: Manchester University Press Simon C. Smith, (1998) British Imperialism 1750–1970, Cambridge University Press Thompson, E. P. (1964) The Making of the English Working Class. New York: Pantheon

R. v Blastland [1986] AC 41 - Free Essay Example

Sample details Pages: 17 Words: 4982 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? R. v Blastland [1986] AC 41 Introduction In this case, the Appellant to the House of Lords had been charged with buggery and murder. It was alleged that he had forcibly buggered a 12 year-old boy before strangling him with a scarf. Don’t waste time! Our writers will create an original "R. v Blastland [1986] AC 41" essay for you Create order The Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was that he had attempted to bugger the boy but had desisted when the latter complained of pain. Shortly afterwards, the Defendant had seen an individual referred to only as à ¢Ã¢â€š ¬Ã‹Å"Markà ¢Ã¢â€š ¬Ã¢â€ž ¢ and had fled the scene. It was asserted that this was because he was afraid that he had been seen committing a serious offence. The Defendant alleged that it had in fact been Mark who had committed the offences. In support of this, he sought to call a number of witnesses to give evidence that Mark had been heard to say (before the body was discovered) that a young boy had been murdered. The trial judge ruled that this evidence was hearsay and inadmissible. An application to call Mark and treat him as a hostile witness was also refused. The Appellant was convicted on both counts and his appeal to the Court of Appeal on the ground that the judge had erred in excluding the evidence was refused. He appealed to the House of Lords after certifi cation of two point of law of general public importance: 1) Whether the confession by a person other than the Defendant to the offence with which the Defendant s charged is admissible in evidence when that person is not called as a witness; 2) Whether evidence of words spoken by a third party who is not called as a witness is hearsay evidence if it is advanced as evidence of the fact that the words were spoken and so as to indicate the state of knowledge of the person speaking the words if the inference to be drawn from such words is that the person speaking them is or may be guilty of the offence with which the Defendant is charged. The appeal was dismissed. The House of Lords held that the principle that statements made to a witness by a third party were not excluded by the hearsay rule when they were put in evidence solely to prove the state of mind of the person making the statement or of the person to whom the statement was made applied only where the state of mind evi denced by the statement was directly in issue at the trial or of direct or immediate relevance to an issue in the trial. Their Lordships concluded that Mà ¢Ã¢â€š ¬Ã¢â€ž ¢s alleged knowledge that a boy had been murdered did not fall into either of these categories. It was considered that the manner in which M had acquired the knowledge that a boy had been murdered was a matter of pure speculation as to which the statements of the potential witnesses could have no probative value. It was held per curiam that the admissibility of a statement tendered in evidence as proof of the makerà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge or other state of mind must always depend upon the degree of relevance of the state of mind sought to be proved to the issue in relation to which the evidence is tendered. Rationale of Decision The leading judgment with which there was unanimous concurrence was delivered by Lord Bridge. He began (at 53H) with the basic premise that à ¢Ã¢â€š ¬Ã…“hearsay evidence is not excluded because it has no logically probative valueà ¢Ã¢â€š ¬Ã‚ . The reason for its usual exclusion is the difficulty for even a trained judicial mind, still more a juror in determining what weight should be given to a statement by a person who the jury has not seen and which has not therefore been tested by cross-examination. However, there is an established exception to the rule against hearsay where the purpose of admitting the statement is to prove the state of mind of its maker. However, this principle only applies where the state of mind is either directly in issue or of direct relevance to an issue in the trial. This latter proposition was established in Thomas v Connell (1838) 4 M W 267 and the à ¢Ã¢â€š ¬Ã¢â€ž ¢classicà ¢Ã¢â€š ¬Ã¢â€ž ¢ case of Subramaniam v Public Prosecutor [1956] 1 WLR 965. The principle was applied by the Court of Appeal in R v Willis [1960] 1 WLR 55. Lord Parker CJ (at p.59) referred with approval to Subramaniam stressing the issue of relevance: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦provided the evidence as to his state of mind and conduct is relevant, it matters not whether it was in regard to his conduct at the time of the commission of the offence or, as here, at a subsequent timeà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  In Lloyd v Powell Duffryn Steam Coal Co Ltd [1914] AC 733 concerned a claim for compensation on behalf of a posthumous illegitimate child. The mother asserted that the putative father had told her that he intended to marry her in good time before the birth. This was supported by the deceasedà ¢Ã¢â€š ¬Ã¢â€ž ¢s landlady and another who claimed that he had expressed to her his intention to marry. The judge at first instance admitted these statements as declarations against self interest. This was overturned by the Court of Appeal but the House of Lords returned to stress the consideration of relevance. Lord Moulton held (at p.751): à ¢Ã¢â€š ¬Ã…“It can scarcely be contested that the state of mind of the putative father and his intentions with regard to the child are relevant to the issueà ¢Ã¢â€š ¬Ã‚ ¦the attitude of mind of the putative father is that from which alone one can draw conclusions as to the greater or less probability of his supporting the child when born, and therefore evidence to prove that attitude of mind must be admissible if it be the proper evidence to establish such a fact.à ¢Ã¢â€š ¬Ã‚  Counsel for the Appellant Blastland placed particular reliance upon Ratten v The Queen [1972] AC 378 in which the disputed evidence was that of a telephone call placed by a murdered wife introduced to rebut the evidence of the Defendant husband who asserted that the shooting of his wife was an accident and that he rather than she had telephoned for assistance. The Privy Council allowed (at p.388) that the weighing of such evidence should be left to the jury: à ¢Ã¢â€š ¬Ã…“The knowledge that the caller desired the police to be called helped to indicate the nature of the emotion anxiety or fear at an impending emergency. It was a matter for the jury to decide what light (if any) this evidence, in the absence of explanation from the appellant, who was in the house, threw upon the situation which was occurring or developing at the time.à ¢Ã¢â€š ¬Ã‚  It was argued that the wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s statements in Ratten were analogous to the statements of Mark in Blastland and should not therefore have been excluded. Lord Bridge refused to accept this reasoning arguing that the telephone call was important not only for what was said but as an act in itself since it contradicted the Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence; that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s denial that the call had been made led to a powerful inference that he had been in the room when it was made and that the making of the call and the wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of fear evidenced by it were directly relevant to a critical issue in the trial namely the husbandà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim t hat the shooting was accidental. He concluded (at p.59B) that à ¢Ã¢â€š ¬Ã…“there are no analogous considerations applicable in the present case.à ¢Ã¢â€š ¬Ã‚  Thus Lord Bridge arrived at the view that a consideration of the relevant authorities did à ¢Ã¢â€š ¬Ã…“nothing to displace the opinion [he] expressed earlier as a matter of principle that the evidence here in question was rightly excludedà ¢Ã¢â€š ¬Ã‚ . So far as the second certified question was concerned, after expressing concern that it was to widely framed (at p.62), he reached the conclusion that it would only be safe to hold that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦the admissibility of a statement tendered in evidence as proof of the makerà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge or other state of mind must always depend on the degree of relevance of the state of mind sought to be proved to the issue in relation to which the evidence is tendered.à ¢Ã¢â€š ¬Ã‚  In a commentary upon Blastland at [1985] Crim LR 727 (at 72 8), the commentator poses the difficult question of whether evidence of knowledge is therefore automatically hearsay: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦partly because of the complicating factor that the fact which the declarant purports to know is going to be one which can be established by other evidence before the enquiry into the speakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of knowledge beginsà ¢Ã¢â€š ¬Ã‚ ¦The external guarantee of veracity ought to be a help, but it may lull us into a false sense of security in approaching the question of whether [a partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s] claim to à ¢Ã¢â€š ¬Ã¢â€ž ¢knowà ¢Ã¢â€š ¬Ã¢â€ž ¢ the undisputed fact is hearsay.à ¢Ã¢â€š ¬Ã‚  Such interesting considerations aside, it may be argued that the decision itself in Blastland does little to advance an understanding of the law in this area: this is principally as a result of the House of Lords sidestepping the issue by distinguishing the earlier authorities and using the à ¢Ã¢â€š ¬Ã¢â€ž ¢escape route à ¢Ã¢â€š ¬Ã¢â€ž ¢ of lack of relevance on these particular facts. TRIAL BOOK Introduction This is an appeal from the Court of Appeal (Criminal Division). The Appellant, Douglas Blastland appeared before Bush J and a jury at Lincoln Crown Court charged with buggery contrary to section 12(1) of the Sexual Offences Act 1957, the particulars of the offence being that on 9th December 1982 he committed buggery with Karl James Fletcher, a male person aged 12 years, and with the murder of the said Fletcher. He pleaded not guilty to both counts and after a trial was found guilty on both counts by majority verdicts and was sentenced to life imprisonment on both counts. His appeal against conviction was dismissed by Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Connor LJ, Macpherson and Evans JJ who certified that two points of law of general public importance were involved in their decision: 1) Whether the confession by a person other than the Defendant to the offence with which the Defendant s charged is admissible in evidence when that person is not called as a witness; 2) Whether evidence of words spoken by a third party who is not called as a witness is hearsay evidence if it is advanced as evidence of the fact that the words were spoken and so as to indicate the state of knowledge of the person speaking the words if the inference to be drawn from such words is that the person speaking them is or may be guilty of the offence with which the Defendant is charged. Issues in the Case The central issue in the case concerns the potential evidence of a third party known only as à ¢Ã¢â€š ¬Ã…“Markà ¢Ã¢â€š ¬Ã‚ . It was the Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence at trial that he had attempted the buggery of Fletcher but had desisted when the latter complained of pain. Shortly after these events, the Appellant saw Mark and suspected that he had witnessed the attempted buggery which is in itself a serious criminal offence. The Appellant asserted that it was in fact Mark who was th e perpetrator of both the buggery and the murder. The Appellant sought at trial to adduce evidence in support of this contention in the form of statements from witnesses to the effect that following the death of Fletcher but before discovery of the body, Mark had been heard to say that à ¢Ã¢â€š ¬Ã…“a young boy [had] been murderedà ¢Ã¢â€š ¬Ã‚ . Those statements were ruled inadmissible as hearsay and an application to call Mark and treat him as a hostile witness was refused. The appeal turns upon the status of such evidence: there is a well established exception to the rule against hearsay in relation to statements which are evidence of the state of mind of the accused. If the Appellant is able to establish that the statements of his witnesses fell into this category, they should not have been deemed inadmissible. Since this is an appeal to the House of Lords, there is no question of the introduction of any new evidence. The validity of the original convictions was tested by t he Court of Appeal and the Appellant was unsuccessful. The hearing before their Lordships will therefore consist of submissions only which must be directed at and limited two the two certified points of law. Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissions The statements made by Mark are evidence that he knew before the disappearance of Karl Fletcher had been reported to the police that a young boy had been murdered and that before the body was discovered he knew of the murder, the circumstances in which the victim had left his house and where the victim lived. That state of knowledge is evidence from which, if it had been left to the jury, such a jury might have reasonably inferred that it was Mark that had perpetrated the buggery and murder. If such an inference had been drawn, there would then inevitably have been the requisite reasonable doubt of the Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s guilt on both counts and he ought therefore properly to have been acquitted. Evidence of Markà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of knowledge could have been given by three witnesses: Nellie Anne Sherriff; John William Sherriff; and, June Annely Atkin. At first instance, Bush J ruled that their evidence was hearsay and therefore inadmissible. It is essential to consider the nature of hearsay. The use of words is capable of being a fact in its own right. This is independent of considerations of the veracity of the words spoken. The well established authorities of Subramanian v Public Prosecutor [1956] 1 WLR 965 and Ratten v The Queen [1972] AC 378 support the proposition that the state of a persons knowledge is to all intents and purposes the same as his state of mind. Evidence of state of mind is a fact and thus properly excluded from the rule against hearsay and it therefore follows that evidence of a particular state of knowledge should be similarly treated. It is conceded that the evidence of state of mind must be relevant to an issue in the case. It might be argued that in this case, the state of mind of Mark was not relevant to the central issue in the case, namely whether the Appellants was guilty of the offences with which he is charged but that argument is refuted: there exists physical evidence linking Mark to the offences his presence at or near the scene on the night in question, an injury to his penis and the presence of mud on his trousers. It is correct that a jury should be invited to draw inferences from such factors. It is therefore submitted that the statements made by him to the witnesses were similarly facts from which a jury might properly draw inferences in the same way. As a result of the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision to exclude the statements of these witnesses, the jury was left with only a partial set of facts from which to draw inferences. Although the appeal to the Court of Appeal was unsuccessful, the Court expressed the view that had such material been left to the jury a conviction would have been à ¢Ã¢â€š ¬Ã…“improbableà ¢Ã¢â€š ¬Ã‚  and was clearly sufficiently concerned to certify the issue as a matter of public importance. If the Court of Appeal had admitted the disputed evidence it therefore follows that it would in all probability have then been required to hold the convictions unsafe and unsatisfactory. It is instructive to consider what the position would have been had Mark himself been charged with these offences. In addition to statements to the witnesses, he made certain admissions to the police. These are inadmissible as a confession exception to the hearsay rule because he has not been charged. However, in the event that he had been the Defendant, those admissions would have been admissible. It is conceded that even in these circumstances, the statements to the witnesses would not have been admitted as exceptions to the hearsay rule. However, they would have been admissible as primary evidence; specifically, that he had knowledge of certain facts at the time that the statements were made. In such circumstances, there is no offence to the hearsay rule since the evidence is evidence of a particular state of knowledge and is no t relied upon to establish the veracity of any fact stated. The authority of Ratten (supra) is particularly persuasive. In that case, the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s wife had been killed by the discharge of a cartridge from a shotgun indisputably held by the appellant at the time. The time of shooting was established by independent evidence as between 1.12pm and 1.20pm. The appellant asserted that he had been cleaning the shotgun and it had discharged accidentally. He claimed that following the à ¢Ã¢â€š ¬Ã…“accidentà ¢Ã¢â€š ¬Ã‚  he had telephoned for an ambulance. However, the evidence of a telephonist at the exchange was that at 1.15pm she had received a call from a woman who was hysterical and sobbing requesting the police. Lord Wilberforce held the evidence of the telephone call admissible because it was directly relevant to the issue and was part of the res gestae. It was relevant because it tended to show that contrary to the evidence of the appellant, a call was made immediately before the shooting thus casting doubt upon the veracity of the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s account. It was further held that the evidence was admissible because the evidence of the wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s emotional state might entitle a jury to draw the inference that she was in a state of fear. By analogy with Ratten therefore, the evidence of Mr and Mrs Sherriff and Ms Atkin should have been admitted. There is a direct comparison to be drawn between the state of mind evinced by the wife in that case and the state of mind manifested by Mark in this case. Although as a decision of the Privy Council, the case is not strictly binding upon this House, the composition of the Board (Lords Reid, Hodson, Wilberforce, Diplock and Cross) elevates it to the status of highly persuasive authority. The case of Reg. v Moghal (1977) 65 CrAppRep 56 is also of weight and relevance to this appeal. In that case, only two parties had been present during the murder of the victim Sadiga and Moghal. At his trial, Moghal claimed that Sadiga had carried out the killing and that he had been no more than a terrified spectator. The evidential argument centred upon a tape-recording of a family meeting some six months earlier in which Sadiga had expressed her hatred of the victim and her determination to kill him. Following the conviction of Moghal, the Court of Appeal held that the tape recording was admissible on the ground that her state of mind at the time that these statements were made was relevant to the Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence. This therefore represents a further example of a situation in which state of mind is admitted as a fact from which a jury can draw such inferences as it deems appropriate. Although a civil decision, authority for the same proposition can be drawn from Lloyd v Powell Duffryn Steam Coal Co Ltd [1914] AC 733. That was a case concerning a claim for compensation brought by the mother of a child of a workman who was killed during the course of his employment. The parties had not married but evidence was available to the effect that prior to his death the deceased had stated his intention to third parties to marry the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother. The House of Lords admitted evidence of the words spoken to prove his à ¢Ã¢â€š ¬Ã…“beliefà ¢Ã¢â€š ¬Ã‚  (Lord Atkinson), his à ¢Ã¢â€š ¬Ã…“knowledgeà ¢Ã¢â€š ¬Ã‚  (Lord Shaw) or his à ¢Ã¢â€š ¬Ã…“state of mindà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“attitude of mindà ¢Ã¢â€š ¬Ã‚  (Lord Moulton) which were provable not only as a result of direct action but also on the basis of what he had said to other people. Finally, in Reg. v Roberts (John Marcus) (1984) 80 CrAppRep 89 both the trial judge and the Court of Appeal were prepared to hold that evidence from someone who had heard words spoken by someone who was not a party to a crime which were sufficient to demonstrate a knowledge of the crime were capable of giving rise to an inference that the speaker had som e involvement in the commission of the offence. In all the circumstances, therefore, the statements made by Mark to the witnesses should be admitted. They are significant in two respects: they serve to show not only that he knew of the crime but, by virtue of the fact that they were made variously before the announcement of the disappearance and before the finding of the body, they demonstrate a state of knowledge that can only have been possessed by someone with at the very least a close connection to the events which form the basis of the indictment. It should be stressed that it is not sought to introduce these statements as in any way probative of the veracity of the allegation that Mark committed the offences, rather they go only to his state of mind. However, that coupled with the physical evidence, should have been sufficient to persuade a jury of reasonable doubt as to the guilt of the Appellant. Their exclusion renders the convictions unsafe and unsatisfactory. Respon dentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissions The attempt to argue that it is sought to introduce the statements purely to demonstrate the state of mind of Mark is disingenuous. The object of the introduction of this evidence is clearly to persuade a jury that the Appellant was not guilty not by virtue of some other factor such as the perceived truth of his alibi but rather by introducing the concept that it was Mark who was himself guilty of the murder. In those circumstances, it is a combination of his apparent knowledge of certain details and other potentially incriminating physical evidence which is supposed to lead to an inference of his guilt. When viewed in this context, the evidence is not limited to state of mind but is an attempt to demonstrate that he had knowledge of the offences. A statement as to knowledge of the offences should properly be regarded in the same light as evidence of an admission which, unless the speaker is charged, offends against the rule against hearsay an d is inadmissible. No distinction should be made between out of court statements related in evidence to prove a fact directly and the their recounting to demonstrate a state of knowledge which, if the necessary inferences are drawn, proves the same fact indirectly. Reg. v Gunnell (1886) 16 Cox CC 154 is authority for the proposition that this offends against the basic rule of hearsay. If such evidence is admitted, the jury ay be misled into believing that the drawing of such inferences is legitimate and should be accorded the same weight as other aspects of the evidence in the case. This is demonstrably not the case particularly by virtue of the fact that this is evidence which cannot be weighed in the same way as direct testimony and cannot be challenged by cross examination. If such evidence were to be admitted as a matter of course, it opens the possibility of collusion and fabrication for example, witnesses could be prevailed upon to deliver perjured testimony of statements allegedly made as to knowledge of offences to which a jury would then attach an inappropriate degree of weight. Next, there is a risk that trials would become prolonged and descend into consideration of a myriad of secondary issues as a result of the parties arguing over the interpretation that should be attached to particular statements. The authorities cited by the Appellant are distinguishable in the present case. For example, in Ratten the telephone call from a woman in distress served directly to disprove the assertion of the Appellant that he had called for an ambulance. The fact of such a telephone call from the home of the victim was highly persuasive of the contention that the shooting had not been an accident. Most compelling of all is the distinction to be drawn between the position of the maker of the statement in that case who might reasonably be assumed to have been the victim and Mark in this case upon whom it is attempted to fix responsibility for the offences. Th e prejudice that will be suffered as a result of a jury being allowed to draw such inferences of guilt elevates this case into an entirely different category. The potential mischief that would be caused by allowing the introduction of hearsay in this case is out of all proportion to the benefit that was achieved in Ratten by admitting evidence of the extraneous factors of the telephone call and the distress of the wife. In any event, however distinguished the composition of the Board in that case, a decision of the Privy Council is not binding upon this House. In Moghal, the passage relied upon by the Appellant was obiter. Further, this authority is far ore complicated upon its facts than the bald dictum would tend to suggest. Sadiga had initially been jointly charged with Moghal but had been successful in an application for a separate trial at which, for reasons which are not altogether clear, she was acquitted. The admission of the tape recording of the family conference had no t been the subject of a formal application at the original trial but had merely been canvassed by the judge and it may well be that the appellate court was influenced by a desire to remedy any injustice which this may have been perceived to cause. It should be borne in mind particularly that Sadiga was on any view intimately connected to the circumstances of the commission of the offence and was herself also charged with murder. There is therefore a sharp distinction to be drawn between her position and that of Mark in this case. Reliance should be placed upon the example of Mawaz Khan v The Queen [1967] 1 AC 454 in which two defendants were jointly charged with murder. The primary evidence was circumstantial. They had both made statements to the police providing the same alibi and the Crown called direct evidence to prove its falsity. In a direction to the jury, the judge at first instance stated: à ¢Ã¢â€š ¬Ã…“A statement which is made by an accused person in the absence o f the other is not evidence against the other; it is evidence against the maker of the statement but against him onlyà ¢Ã¢â€š ¬Ã‚ ¦if you come to [the conclusion that there was an attempt to fabricate a joint story] then the fabrication of a joint story would be evidence against bothà ¢Ã¢â€š ¬Ã‚ . This direction was the subject of an appeal but this was ultimately dismissed by the Privy Council. Therefore, while the state of mind of co-accused in concocting a false alibi might properly be used as evidence against them on the basis of the inferences that can be drawn from that fact, the indirect statements of Mark tending to demonstrate a knowledge of the crime belong in an entirely different category and represent a far lower order (and therefore unsafe) level of proof. The Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s submissions in respect of Reg. v Roberts (John Marcus) (1984) 80 CrAppRep 89 are similarly fallacious. It is suggested that because the statements were put in evidence to sho w state of knowledge and for that limited purpose only, they could not be described as hearsay. However, it is submitted that the correct rational of the decision is as follows: If the statements were put in solely to prove knowledge, they would not be excluded as hearsay; Such statements cannot be put in evidence as the basis of an inference as to a source of knowledge for which there was no rational foundation; The knowledge, per se, was of no relevance to the issue of whether the appellant was guilty of the murder. It is submitted that this is the correct approach in this case. The critical issue is that of relevance. The central issue in the case is the guilt or innocence of the Appellant on the counts of buggery and murder. There is other evidence upon which a jury (albeit by a majority) was satisfied beyond reasonable doubt of the guilt of the accused. The attempt to introduce the evidence of the statements made by Mark should be regarded as not germane to that central question. While it is fair to acknowledge that proof beyond reasonable doubt that Mark was solely guilty of the offences would exonerate the Appellant, the evidence which it is sought to adduce falls far short of that. It is significant that by contrast with, for example Moghal, Mark has never been charged with the offences. Indeed, on the contrary, his attempts on occasion to make certain admissions of guilt to the police were disregarded. Against that background, the mischief that would be done to the operation of the rule against hearsay by allowing evidence of statements made to third parties cannot be justified by reference to the probable probative value of such evidence which is wholly dependant upon an inference of guilt where there is no direct evidence of the same. The attempt to characterise these statements as facts rather than statements is a fiction. They should be regarded for what they are words which are put forward as tending to prove the truth or otherwise of their own subject matter. In those circumstances, there can be no clearer breach of the hearsay rule. Disposal If the appeal succeeds, the convictions in respect of buggery and murder should be quashed. The Appellant had attempted at trial to plead guilty to attempted buggery. In the event of a successful appeal, that plea should be accepted and the Appellant either sentenced by the House of Lords or the case should be remitted to the Court of Appeal. Obviously, in the event of the appeal being dismissed, the existing lif e sentences will stand. Bibliography R. v Blastland [1986] AC 41 Case Comment, [1985] Crim LR 727 Malek, H., (Ed.), Phipson on Evidence, (16th Ed., 2005) Murphy, P., Murphy on Evidence, (7th Ed., 2000)

Webers Theory on Social Stratification Essay - 1016 Words

Webers Theory on Social Stratification Webers theory of a society is based in three main factors: class, status, and power. Material is an economic order formed by unequal distribution of material things. Classes are formed according to skill to produce and ability to buy in the market. Any person can belong to any class regardless of color, race, or religion. In short it can be said that people with the most are at the top of the economic order and people with the least are at the bottom. Status groups are formed according to ones unequal access to prestige, honor, and power. This can change from society to society and is not based on ones personal wealth. Status is usually inherited and can not be gained†¦show more content†¦Blacks and woman wee controlled in four ways -- physically, economically, psychologically and internal pressure. Blacks and woman were threatened with physical violence and sometimes even death if they didnt live up to their expectations. Even though woman were not persecuted physically as much as blacks were, male dominance and physical strength played an important role in controlling woman. Traditionally the male being known as the protector is based upon female inequality because that that the male must take physical control when the females cannot protect themselves. The same thing happened in the work place, woman were very limited based on their inability to do heavy labor. Blacks and woman were also oppressed economically. If a black employee did not act as expected they were fired. Since money is power many people feel that until woman have the opportunity to earn a decent living they will not have power. This is because as long as they have to go to man for money men will hold the power. Black and woman were also oppressed psychologically. Blacks sensed others expectations of them and them became what were expected from them. Authority played a major role in shaping the way they thought of themselves. Most men thought that their wives werent mature enough to handle money. Even the woman that did work worked womans jobs, such as waitresses and secretaries. They conformed to the image others had of them. Woman with mens jobsShow MoreRelatedMax Weber s Theory Of Social Stratification1836 Words   |  8 Pagestwo theories, the functionalist perspective of social stratification and Max Weber’s perspective of rationalisation and life chances. The functionalist theory, in particular the discussions of different rewards system in our society and moral evaluations are applied in this paper, to explain people’s drives to work. Weber’s theory of social stratification, that of rationalisation and life chances is examined. 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