Tuesday, August 31, 2010

Art Research Paper

Art Research Paper

Towards the end of the 19th century Oscar Wilde’s popularity exploded all across the world as he established himself as an amazing playwright, poet, novelist, aesthete, and most of all a legendary wit. Wilde grew up in England during a period when the so-called Pre-Raphaelites began a movement later known as the aestheticism movement, which celebrated beauty in all things living and otherwise (art). A group of young English painters began the movement in hopes of reforming art to a point of making it a form and way of life by depicting what was pure and beautiful. In order to do so an artist was to strive to approach ideal beauty, to live a pure form of aestheticism both in their work and in their lives. Wilde made every effort to reach this aesthetic life by attempting to form beauty in his work and his life, further shown by his relationship with younger, more attractive men who he thought were the perfect models of beauty.

Throughout his life Wilde was strongly motivated by the aesthetic aspects; his teachers at Oxford, Walter Pater and John Ruskin, provided him with the necessary equipment to craft his life accordingly. Pater and Ruskin were two of the main representatives of the aesthetic movement at this time; they both intended to restore beauty to everyday life through art and living life according to the ideals of the movement. While he did respect and appreciate Ruskin, Wilde did not entirely agree with his teacher; Ruskin considered ethics as the pillar of aesthetics while Wilde thought beauty and ethics incompatible. Wilde thought beauty and ethics incompatible due to the fact that he found ethic and moral thought in 19th century England as totally unconvincing. Pater was strongly influenced by classical antiquity, Hellenism, and the renaissance and he also favored an ethic worldview, which bordered on hedonism, because in his eyes the highest ethic principle was the pursuit of sensual pleasure – this was contrary to Ruskin whose views were less self centered and included a social component. As a result of Pater’s views he preached pleasure and enjoyed what was beautiful, a true aesthete, but the negative side of him did not want to be bothered with the bare realities of everyday life. While Wilde did not agree with all of Pater’s or Ruskin’s views he took from them characteristics of the aesthete and developed into his own kind of aesthete.

In essence Wilde was guided by his desire for the beauty of form, in which he worshiped like a god. To Wilde, form was the measure of all things in art, form was everything, while content was truly nothing; morals or morality had little to do with either, least of all morals or morality of his time. Wilde had the ability to recognize, demonstrate, and maintain the beauty of all things through form which led to his formal aestheticism which placed art above life and nature – a life which beauty was more relevant than conventionally accepted morals (i.e. his sexual escapades). As a result of this Wilde often made concessions within his text, for the beauty of a word or a sentence at times would cause the plot to suffer or lose much of its charm it had when presented to an audience. To Wilde himself however, his life and living it was more important than his works as he aimed at living it “beautifully”, which meant exquisite and at (most) times expensive. Wilde’s attempt at a beautiful life eventually caught up with him as he lived most of his life after prison attempting to get out of debt for his luxurious homes and his incredible large wardrobe. The thing about Wilde was this; he surrounded himself with people who could actually afford to live that beautiful life and embrace his theories on art and beauty both in terms of financial means and intellectually. Wilde designed himself and became what could be known as a living work of art, a live performance so to speak. It seems ironic that a man that was known for his beautiful art and work would be further known as an unattractive man. Wilde stood nearly six-feet, five-inches tall and was described as corpulent, his skin was pale and especially his teeth gave him permanent reason for unhappiness. Wilde was well aware of this flaw and as such was always covering up his mouth with one finger to hide his hideous teeth. This was a cruel handicap for a man who was known for his witticism and profound communication ability. Wilde was known for his spectacular intellect and when in the company of others was always the center of attention as his name alone gave reason for people to come to social gatherings, as they hopped to catch a bit of the wit in which he so readily dispelled in public circles.

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Wilde’s predisposition for beauty eventually led to his demise as his love for Lord Alfred Douglas was dragged through the courts and ended in Wilde being sent to prison for two years for indecent behavior. Wilde’s beauty was carried on in his works despite the fact that after prison he was relatively absent from the literary world, only producing three well-known pieces after his imprisonment. Wilde’s aesthete characteristics can be found in his literature, but especially in three of his works – De Prefundis, The Portrait of Dorian Gray, and the Artist as a Critic. Wilde was making an attempt during the end of the Victorian era to carry on the aesthetic ways of his mentors, Ruskin and Pater. During this time in England most writers and artists were all-consumed with the idea of industrial change and the demise of England’s once burgeoning Aristocracy as a result of this industrialism. Wilde on the other hand was staying true to the age, writing about beauty as an art and art as beauty. His writing personified the age and highlighted the life in which he so longed to live.

In De Profundis Wilde sought to clear the air between him and Bosie, breaking off their torrid love affair and forgiving Bosie for his father’s faults. The Lord Marquis de Queensbury – Bosie’s father – found himself in court against Wilde for libelous activity against Wilde, Queensbury insulted and furious about his son’s relationship with Wilde pushed for the harshest penalty possible, which landed Wilde in prison for two years. Found in De Prefundis though is Wilde’s love and appreciation for Chris as both a romantic poet and artist. Wilde saw Christ as a sexually ambiguous individualist and Aesthete much like himself (Belford 44). “Christ’s place is indeed with the poets,” Wilde wrote in De Profundis. Belford explains that the “Crucifixion as an image and as subject matter of art had ‘fascinated and dominated Art as no Greek god ever succeeded in doing’” (Belford 44). Interestingly enough Beldord further explains that the “nearly nude Christ on the cross, often with an erection of the sinless generative organ, said by art historians to symbolize the Redemption, was for some the homoerotic icon of Catholicism” (Belford 44). Catholicism as a result played an intricate role in Wilde’s life as he found the Catholic Church itself to be a paradox: homophobic and homoerotic; medieval and modern; spiritual and sensual. It excited and exploited desire and yet condemned it as well. The paradox that Wilde had found gave him further appreciation for the Catholic Church as he found Christ himself to be the perfect aesthete. In De Profundis Wilde points out that he stood in symbolic relations to the art and culture of (his) age. (He) had realized this for (himself) at the very dawn of (his) manhood” which seems to profess, pretentiously, that he understood that he all at one time had stood for the beauty in art and in one fell-swoop stood for the ugliness in art. This is an almost direct reference to Christ once more as Christ had stood for peace, beauty, spirituality, and art before his crucifixion. Whether or not Wilde is in fact then comparing himself to Christ in that he ascended from his incarceration to the fore once again is another thing entirely but it is evident in Wilde’s words that he believes that he had reached the pinnacle of the aesthetic plane. He further points out his beauty when he states that the “gods had given (him) almost everything. (He) had genius, a distinguished name, high social position, and philosophy as an art” (Norton 1806). In the previous statement it appears that Wilde believes that all that is beauty is in him, that he in fact had reached the highest aesthete level in that he was a symbol of his age. While obviously arrogant and ego-centric it would seem that at the time Wilde may have been right, as he was perceived as a beautiful artist and person at the time prior to his demise or ‘crucifixion’.

While De Profundis served as both a letter to Bosie Douglas and as a statement of Wilde’s true worth to society The Picture of Dorian Gray celebrated the beauty of art and the relationship between it and morality. The Picture of Dorian Gray was considered art-for-art’s sake aesthetics by many critics. At first glance it would seem as though pleasure for pleasure’s sake would go against the ideals of aestheticism but as Pater had once suggested it is truly the one characteristic that is beautiful. The Picture of Dorian Gray celebrated hedonism and as a result of Pater’s thinking would in fact be celebrating aestheticism in its purest form. Gillespie explains that the “narrative of The Picture of Dorian Gray endorses the affinity between ethics and aesthetics” (Gillespie 62), what makes that statement incredibly interesting is the fact that Wilde did not agree with Ruskin and Pater’s statements that ethics played a part in aestheticism. So is Wilde now contradicting himself? No, he is instead pointing out that ethics play a role in decisions that are made but the act following those decisions serves as aestheticism as people seek to reach and attain the things they want – much like hedonism in its purest form. Gillespie further points out that Lord Henry’s character: “no matter how extravagant his lexicon of sensualism becomes, he seems to make no move to gratify his appetites” (Gillespie 63). Lord Henry does nothing to satisfy his physical needs but instead chooses to enjoy voyeurism, which is celebrating the beauty of others and their interaction together. Lord Henry’s activities serve as appreciation of beautiful things and as part of an aristocratic society apparently have a place as he finds beauty in others and celebrates it in his own way.

Wilde’s The Critic as an Artist shows the relationship of an art critic with the world of art and his prescribed beauty within it. Wilde acknowledges the fact that a critic does actually have a role, they simply balance out or give a certain level of accountability to the artist. And while a critic can at times be a bit harsh their role is still incredibly relevant to the success of an art form or piece of art. Ellmann points out that Wilde found that “if art was to have a special train, the critic must keep some seats reserved on it” (Oscar Wilde – Ellmann 91). Wilde expresses literally the fact that “poor reviewers are apparently reduced to be the reporters of the police-court of literature, the chroniclers of the doings of the habitual criminals of art” (Oscar Wilde – Ellmann 91); this statement points out that critics do have a role in determining what is beautiful (art) and while they may serve only that purpose they do have an independent purpose or role in aestheticism. Wilde thought of himself as a voice of the age to be rather than of the age that was fading and as such pointed out that critics have a similar role. Beauty is art and art is beauty and if there is no one to seek accountability of the artists actions then what is truly beauty, everything or is it that which others find beautiful – that is where the critics role lies, in seeking the meaning of art/beauty.

To Oscar Wilde, loving beauty had become at once his nature, a need and belief, something he completely identified with. The ideals of aestheticism consumed him and he served it at every corner. He felt compelled to pass it on to the world and in doing so he lost much of himself; he was in financial dire-straights for years following his death and as a result of his aesthete ways was imprisoned for not choosing to betray his thoughts or individuality. During a time in the Victorian Era when some many authors choose not to accept beauty as an art form, Oscar Wilde embraced it in an attempt to share it with the world was punished for it. What was true beauty to Oscar Wilde? No one truly can tell but judging by his superior intellect, his masterful use of the English language in his works, and his love of beautiful material things one can only surmise that he thought that beauty was in the eye of the beholder. Wilde understood that for the world of art to be beautiful there must be role-players within it: the artist, the art, and the public (critic). If not for the fact that Wilde subscribed to the idea of aestheticism at a young age (college year) would he have crafted his art in the way that he did, that is difficult to tell, but it is safe to say that his society was better for it. He mocked the aristocracy, questioned art’s role in the world, and responded with a true art form – the aesthete way of life.

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Essay on Nursing Research

Essay on Nursing Research

Virginia Henderson's nursing philosophy is known for its simplicity and inclusiveness. It centers around the patient with the nurse making him whole or complete. She says that the nurse is "a substitute for what the patient lacks" (1966, p. 21). In other words, the nurse is eyes for the blind and legs for the amputee. Her famous summary encapsulates well nursing's breadth of function.

The unique function of the nurse is to assist the individual, sick or well, in the performance of those activities contributing to health or its recovery (or to a peaceful death) that he would perform unaided if he had the necessary strength, will or knowledge. And to do this in such a way as to help him gain independence as rapidly as possible. (p.21)

Henderson delineated 14 patient activities that contribute to health or its recovery by which she felt the nurse could even evaluate her progress towards making the patient independent. These points include such things as number one, "Breath normally," number three, "Eliminate body wastes," and number five, "Sleep and rest" (1991, p. 22) (see Appendix for complete list). These points could also be viewed as patient needs; for example, the patient needs good air, sleep, and rest. To discover the patient's real needs the nurse must first "get inside his skin" (Henderson, 1991), by imagining herself in the patient's position and thinking about what she would need. Next, she should fill the patient's needs while at the same time not doing for the patient that which he can doing for himself (National League of Nursing [NLN], 1989). The nurse must check her interpretation of the patient's needs with the patient. (Henderson, 1964).

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Henderson viewed the nurse as an "independent practitioner" as long as he, or she, is not diagnosing, prescribing treatment for disease, or making a prognosis, for these are the physicians functions" (1991, p. 22). She saw the nurse's domain as being the authority in basic nursing care. She made these statements in her 1966 edition of The Nature of Nursing, and when she wrote addendums to each chapter of the book republished in 1991 she revised her understanding of the nurse's role as "givers of "primary health care," as those who diagnose and treat when a doctor is unavailable" (p. 33). She only intimates in this 1991 writing that nurses have an opportunity to serve by diagnosing and treating persons in underserved areas where physician care is lacking, but in a video interview in 1989 she is quite adamant that nurses should educate the public to view them as primary care givers. She buttresses her argument by referencing the World Health Organization's opinion that nurses have the number and qualifications to be the primary care givers who can, and often do, meet the underserved health needs of the world's ill people. Henderson defines a primary care giver as one who is the first to hear the patient's complaint and either treat or refer him to someone else. (NLN, 1989). This definition qualifies nurses, and especially mid-wives, as some of the first primary care givers.

Henderson's ways of knowing are clearly from nursing's well-known four ways of knowing: empirics, aesthetics, personal knowledge, and ethics (Carper, 1978). Her empirical mentality beams forth when she wrote, "In this country nurses are now trying to base their practice on the same sort of scientific knowledge that guides other providers of health careЕ. health care must change daily in response to research findings" (Henderson, 1991, p. 56).

She also uses aesthetics, which is the art of nursing seen in empathetic perception, creative expression, and the designing and delivering of efficient nursing care (Carper, 1978). Henderson's insistence that the nurse discover the patient's needs by getting "inside his skin" is a prime example of trying to perceive the patient's needs through empathy. Her 14 points allow the nurse to give efficient nursing care, another aspect of aesthetics. Gaining nursing knowledge through personal knowledge is done by knowing one's self, accepting others, and actively pursuing a process of growth (Carper, 1978). Henderson (1991) exhorts the nurse to know herself in order to better concentrate on learning the patient's needs and fulfilling his. Her emphasis on a nurse who is a continual student relates to the concept of ever growing. Building knowledge through ethics is based on one having a sense of responsibility, a moral code for his conduct and a sense of obligation (Carper, 1978). Henderson (1969) believes that nurses should have a social conscience, civic interest, personal integrity and abide by a code of ethics.

I find Henderson's philosophy of nursing a welcome framework into which to place my own nursing practice. I want to make her theory my starting point rather than the ending. Fulton (1987) rightly sees Henderson's philosophy as giving nursing a unique role in health care and providing a rationale for nursing activities, the two aspects of nursing that I have longed to find. Her balance of the nurse assisting the patient while trying to bring him to a state of full independence fits nicely with the balance I hope to achieve when caring for post-surgery patients that have to be weaned from the ventilator, high oxygen concentration, and multiple medications. This is an art and science. Like she recommends, I want to be a life-long student, continually updating my concepts and practice based on the best and latest research.

Henderson's concepts provide a good outline from which a nurse educator can teach her students basic patient care. The summarization statement about the unique function of the nurse provides an overarching motto for how the nurse is to relate to the patient. The 14 points of basic nursing care provide an outline on which the nurse educator can elaborate. Henderson emphasized that the nurse should have a liberal education, grounded in the physical, biological, and social sciences (1991). She felt that the nurse should be educated, and not just trained.

Henderson believed that nurses should perform research not only within the discipline but along side the physician as a team. This advice is a good starting point for using her philosophy in research. One can find innumerable research topics within each of her 14 activities that promote patient health. A researcher could compare the recovery speed of patients who spent the hospital stay within the hospital to those who spent considerable time outdoors in the fresh air.

Of course, controlling all of the variables would be very difficult. Another example could be taken from point number eight that encourages the nurse to keep the patient clean and well-groomed. An interesting research project could compare the recovery rate of the patients who received a daily bath with those who received a bath every two days. Again, controlling other variables and providing a large enough sample population would be a major task.

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Monday, August 30, 2010

Ethics in Photography Essay

Ethics in Photography Essay

When dealing with human beings when does art cross the border between ethical and unethical? Is it how the human being is being depicted within the art? If so, Joel–Peter Witkin’s photography is teetering on the borderline between ethical and unethical. In ethics, the belief that right and wrong differs from one society to another and one person to another is known as relativism. This belief is perfect when talking about Witkin, and any art for that matter, because one person could look at his photographs and literally vomit while others are paying tens of thousands of dollars to hang an original photograph of Witkin’s in there foyer.

Witkin creates his backdrops for these photographs himself. It usually takes close to two weeks to finish a set which depicts his models in “ heretical updates of old –master paintings, Witkin transform the grotesque into a brazen, personal vision of the sublime.” One ananomist at the University of New Mexico School of Medicine called Witkin “another Jeffery Dahmer.” Accusing him of degrading a human being because he accessorized a cadaver with costume jewelry for one of his photographs.” If Witkin had gotten permission from the diseased before their death it does not seem unethical but in the case of his most infamous photograph Le Baiser (The Kiss) he waited a year to get a severed head which was sliced in half for the photograph with one half kissing the other. Some say it was given to him and others say he stole it from a grave. In 1982 a born again Christian janitor working at the University of New Mexico Discovered prints of it along with real fetuses and reported it to the police. He Voluntarily destroyed the negatives and know has people donate their bodies to him.

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The problem with his art is how he profits from people with abnormalities and how he seems to be humiliating these human beings other than bringing out the beauty he calms is so relative in his photography. In one photo he positioned a male goat, that is sexually aroused, with its front legs perched on a nude dwarf woman’s back. The nude woman looks as if she is trying to get away at no avail. This to me is humiliating for this woman and unethical.

A lot of his photos are not straight photography either. After the print is made he scratches the surface to create a grimy look, he also pours chemicals directly on the surface to give it texture and a very eary feeling. If he was trying to bring out the beauty in these people then why does he alter their appearance with scratches and different textures? What he really is doing is making them look more horrible. In one of his photographs he actually scratches the eyes and mouth out of a woman making her look like a person screaming from the depths of hell.

His wife and her female lover are in charge of finding models for Witkin’s theatrical photographs. One of his models, a recluse in Los Angeles born with no skin, no eyelids, and no legs or arms asked Witkin to “please make me look like a human being.” After viewing this photograph it appears that Witkin went out of his way to emphasize this man deformities.

Witken obviously has his own psychological problems. One night while he and his wife slept, they were awoke by a strange light in the backyard. Witken got up out of bed and said good-bye to his wife telling her “ they’ve come for me.” “When he came back into the house, he was crushed they hadn’t beamed him up,” she says sweetly. “He said they had left without him.” As a boy growing up in Brooklyn, Witkin calmed to witness a bad car accident and has told the story of standing at the curb next to the crash and a little girl's severed head rolling to his feet. In some versions he says he stared right into the little girls eyes, while in others he says he actually picked her head up. “For a long time I think Joel really believed the story,” says his brother Jerome Witkin, a painter who teaches at Syracuse University. “You wonder if reality isn’t enough for him”, says Jerome.

While Witkin’s photographs are very powerful images, what he describes as beauty screaming from this artwork appears to be more about attention, or perhaps sickness. Witkin completely exploits not only his voluntary living subjects, but what about the deceased posed nude, decapitated, armless, ect, he almost makes his own case for how truly unethical his “art work” is.

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Research Paper on Acid Rain

Research Paper on Acid Rain

Austria is a well-developed European country with relatively few major problems. However, in the past, most major concerns have been environmental and energy-based. For years, the need for fossil fuels and natural gas has plagued Austria. Although some fossil fuels occur naturally in Austria, the country’s use far exceeds their supply. In order to help solve this problem, Austria has created plans and restrictions such as the Regional Energy Action Plan. In addition, air pollution (which leads to acid rain) has been a leading problem in Austria for decades. The increased use of cars and fossil fuels has led to an increase in nitric and sulfuric oxides as well as other air pollutants (“Chapter 7,” par. 3). In the 21st century, Austria will continue to face environmental issues, including acid rain, wetland destruction and deforestation, and the need for more electricity and fossil fuels will continue to add to the country’s energy problems; the government must both promote better public awareness of these environmental and energy issues as well as increase government regulation of industry.

Acid rain is one of the worst environmental concerns in Austria. Currently, one quarter of all forests in Austria suffer some sort of acid rain damage (“Land and Resources,” par. 8). This damage is also a major cause of habitat destruction and biodiversity loss in the Austrian forests.

Acid rain is caused by nitric acid (HNO3) and sulfuric acid (H2SO4) that are formed in the atmosphere when nitric oxides (NOx) and sulfuric oxides (SOx) combine with water (Levy 1). The NOx’s are emitted mainly by cars. The institution of the catalytic converter has decreased the amount of NOx’s given off per car; however, the number of cars has drastically increased, thus leading to continually rising NOx levels in the atmosphere (Levy 5). Cars from neighboring countries also contribute to the rising NOx levels, since all the chemicals end up in the same atmosphere. Burning fossil fuels such as coal is the major cause of SOx’s. In the last few years, the burning of fossil fuels in Austria has increased and is projected to continue increasing. As long as these pollutants are being produced, acid rain will continue to create problems. In Austria, as well as other European countries, many old buildings, such as Saint Stephen’s Cathedral, City Hall of Vienna and the Votiv Cathedral are being destroyed by acid rain (Johanesan 4). These buildings were built out of limestone. The acid breaks down the limestone, thus destroying the buildings. Acid rain is a major environmental hazard that cannot be ignored. This problem will continue to grow worse until a multitude of measures are taken.

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Wetlands depletion is also a major problem facing Austria today. Wetlands are home to many species who can not survive anywhere other than their natural habitat. Currently, only 10 % of the original wetlands in Austria still exist (“Land and Resources,” par. 9). The other 90% have either been destroyed or severely damaged due to human activity. Wetlands are an important and irreplaceable part of the ecosystem (“European Environmental Agency” 2). Many species rely on these wetlands and if the lands continue to be destroyed, the entire ecosystem will be drastically affected. Unless something is done, the wetlands will continue to be destroyed to make room for buildings and species will continue to die, disrupting the natural order of life.

Deforestation is another major problem in Austria. Currently, large timber harvests continually deplete the once vast forests of Austria. Eighty-five percent of the forests that remain in the country are reserved for future timber harvest (Pregernig and Weiss 4). And, in Austria, agricultural expansion is a major related issue. The need for more agricultural land leads to large timber harvests and subsequent deforestation. Currently, 18% of Austria is farmland and this number will continue to rise throughout the 21st century (“Austria-Economy,” par. 4). In addition, this loss of forest cover leads to other problems such as erosion and habitat destruction.

Many of Austria’s environmental issues can be solved relatively easily. In order to help preserve their wetlands and forests, Austria simply needs to increase the number of national parks and wilderness areas which prohibit logging and destruction. As of 1997, 28.3% of Austria has been protected (“Land and Resources,” par.10); however, since the rate of deforestation has not dramatically decreased, more protection is needed. By decreasing the number of forests reserved for timber harvests, Austria would prevent collateral environmental damage issues, such as erosion and biodiversity loss. Austria has already tried to help deforestation by creating the Forest Act. This act stated that forest projects needed to by approved by the appointed Forest Authority and it also started projects to help manage watersheds and control erosion. This was a step in the right direction, except more action is needed to help stop these problems. This one act is not enough to stop deforestation, erosion and wetland destruction. Creating more public awareness would be a solution to many of Austria’s environmental issues. Often the public is unaware of serious issues like deforestation, acid rain and erosion. If they were aware of the situation, perhaps they could help in the restoration of things damaged by acid rain or buy more recycled products to reduce the number of trees cut down. Financial incentives are another way to help people do the right thing. Austria could give tax breaks to those who continually buy recycled products or give businesses subsidies if they agree to help solve environmental problems.

Acid rain is a more difficult problem to solve. As Marc Levy wrote in his article on acid rain, “European countries need more stringent automobile exhaust standards (Levy 5).” By reducing the air pollution caused by cars, such as NOx’s, major environmental issues including acid rain and global warming will be greatly reduced. The Austrian government needs to institute strict laws on cars in order to accomplish this decrease in air pollution. However, Austria is not the only country contributing to the acid rain issue. Treaties with other European countries need to be negotiated to institute limits on car exhaust throughout Europe. With these limits, the air pollution that causes acid rain will be reduced and will eventually no longer be an issue throughout all of Europe. However, without extreme and immediate action the problem will not be solved.

Austria’s other major problem concerns energy consumption. Austria suffers from a great energy shortage. The country uses a large quantity of fossil fuels in order to keep up with their developing industry. Austria is an export-oriented country with a large industrial sector that uses up the fossil fuel supply naturally found in the country. Austria is forced to import tons of fossil fuels from other countries each year. The major fossil fuels used are: lignite (a form of coal), natural gas and crude oil. Austria’s supply of crude oil is quickly diminishing. Currently, the country is forced to import almost seven eighths of the amount of crude oil it needs to continue functioning and almost three times as much natural gas as it produces each year (Sarabaugh 53). Most of this imported gas goes to thermal power stations, in order to generate electricity. The use of all fossil fuels has steadily increased over the past decade. In recent years, the supply of fossil fuels has been less than the consumption, meaning the difference has come from other countries. If this trend continues, Austria will completely deplete their own resources and be forced to import many from neighboring countries.

Austria faces another issue related to energy: the need for more electricity- generating industries. To help solve the problem of depleting their supplies of fossil fuels, Austria began creating hydroelectric power plants along the Danube and other rivers during the 1980s. As of 2000, almost seventy percent of the electricity generated in Austria was generated by hydroelectric power; but, almost thirty percent of the electricity was still generated through the burning of fossil fuels (CIA 3). Hydroelectric power, however, also leads to several environmental problems including the damming of rivers and habitat destruction. The amount of power produced by a dam also depends on the seasons. In spring, the rivers are high so Austria is usually able to export about 13.5 billion kilowatt hours of electricity; however, in the fall, rivers are low so the country is forced to import approximately 11.5 billion kilowatt hours (CIA 4).

To help stop the depletion of natural resources and fossil fuels, Austria needs to begin using more renewable raw materials and encourage a society based on reusing and recycling. This allows the industries to get what they need without completely destroying the fossil fuel resources. Austria has begun instituting the Regional Energy Action Plan which includes reducing the amount of energy used for heating, reducing specific energy consumption and constructing heat pumps and thermal solar collectors among other things (Energy Policies 1). The Austrian government also passed the Energy 21 action plan. This plan includes new energy research, industry-specific energy efficiency policies, addition of more solar power, and reducing the amount of energy used for heating. This plan will hopefully help stop Austria’s energy shortage, however, decades may pass before the effects of the plans begin to show. The main solution to Austria’s electricity issues is to limit the monopoly on electricity. A “lack of competition in the electricity sector has hindered efficiency (Energy Policies 1).” Verbundgesellschaft is the company that monopolizes electricity sales in Austria. To help add competition in electricity sales Austria needs to “abolish import/export monopoly rights of Verbundgesellschaft, create maximum transparency for grid access and ensure sufficient competition and free choice by consumers (Energy Policies 2).” By creating competition in the electricity sector and beginning to use renewable resources and alternate energy sources, Austria will eventually overcome her energy issues.

In the 21st century, Austria will continue to face environmental and energy-based problems that can only be solved through a combination of efforts, including better education in order to raise public awareness of these issues and government intervention. Once the public is aware of the problems, they can help by reusing and recycling items. This will help slow, and possibly stop, deforestation as well as decreasing dependence on fossil fuels. When people know the causes and effects of acid rain they may begin to change their habits to become more environmentally-friendly by driving less or carpooling more. While the government has taken some promising first steps ( e.g. Forest Act and Energy 21), they need better education so they see the importance of continuing and increasing their efforts. In this way, more stringent laws will be put into place and additional solutions to Austria’s environmental and energy problems can be found and implemented. Austria will continue to face environmental and energy-based problems until the government and its citizens realize the seriousness of these issues and begin implementing solutions.

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Sunday, August 29, 2010

Essay on Youth Culture

Essay on Youth Culture

The 60’s and 70’s saw the rise of youth culture. Youth culture can be seen as a particular pattern of beliefs, values, symbols and activities that a group of young people are seen to share.

Along with the rise of youth culture came the theories developed on it. The theories developed in the 60’s were mainly functionalism. Functionalists believe that society or a social structure is like a biological structure and that all social institutions function for the survival of society. As social structures change by becoming more complex, social institutions change by becoming more specialised. Functionalists, therefore, believe youth culture has a social function; they see it as young people solving there shared social problems.

The Marxist theories on youth culture came in the 1970’s. Marxists believe that society operates mainly through class conflict and that each class pursues its own interests and brings it into conflict with other classes. The Marxist influenced Centre for Contemporary Cultural Studies (CCCS) used these ideas to explain youth culture. They argued that youth culture was the result of youths fighting against a capitalist society. In this essay I will look at the theories developed on youth culture in the 60’s and 70’s and assess whether they can be related to the youth culture of today. The theories I will explore are Abrams ideas on youth culture and consumerism, Eisenstadts functionalist theory and the Marxist theories of the CCCS, Cohen and Hebdidge.

Mark Abram’s book “The Teenage Consumer,” was the first influential sociological study of youth culture. Abrams was a market researcher and his book was an empirical survey of a new consumer group that had emerged in the 1950’s. This new consumer group that was emerging was referred to as youth culture and was predominantly made up of working class males. Abrams suggested that youth culture was developing in the 50’s because of the affluence of the decade. Young people had large disposable incomes and they were spending it on leisure goods and activities such as coffee and milk bars, fashion clothes and hair styles, cosmetics, Rock and Roll records, films and magazines, scooters and motor bikes, dancing and dance halls. Their spending habits were an expression of their lack of responsibilities and dependants. Abrams argued that although this youth spending revealed a distinct leisure group, it didn’t reflect any sort of a rebellion. He said that teenagers were still embedded in the key institutions of home, school and work and their central values remained those of their parents and work mates.

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The definition of youth as a consumer group had two consequences, firstly, it was interpreted as a form of mass culture. At the time, people saw mass culture as a culture where people were manipulated as consumers by big businesses. Also, Abrams theory on youth culture only initially referred to “working class peer group solidarity.” He didn’t take into account the middle class youth.

In Eisenstadt’s 1956 book “From Generation to Generation,” he uses a functionalist approach to explain youth culture. He believes that in all societies children have to be “socialised” before they can attain full adult status. They have to be taught their societies moral code, its common sense, rules, behaviour etc. They need to be given the skills and knowledge necessary to perform their adult roles. Youth doesn’t exist in primitive societies as there isn’t really a transition from childhood to adulthood, whereas in modern industrial society there is a clear, structural gap between the family children are brought up in and the economic and social system in which they must eventually take their place.

Functionalists like Eisenstadt explain social institutions in terms of social problems and cultural solutions. The youth “problem” lies in young peoples marginal status, youth culture eases the resulting anxieties and uncertainties. His argument is that in meeting young peoples needs, youth culture has the general function of smoothing the transition from child to adult. He believes that the most important function for its members was emotional and providing young people with a set of relationships, (peer groups.) The most important point for Eisenstadt is not that some young people become deviants but that even the most deviant of youths become normal adults. He saw youth culture not as a political rebellion but as an essential problem solving social function.

Eisenstadts argument is a general argument. It refers to the transition that faces all young people in industrial society but not all young people are the same. He didn’t take into account that growing up middle class is different to growing up working class and that growing up male is different to growing up female. Also, he was explaining youth culture in a time of relative affluence and optimism, growing up was not particularly problematic in the 1950’s.

In the 1970’s the strongly Marxist influenced CCCS related class to youth subcultures. They argued that youth styles were a reflection of the economic system and its related class relations. They claimed that youth subcultures attract mainly working class males as it was them who were affected most by the problems of growing up in a capitalist society.

In 1972, Phil Cohen used semiotics to decode the Mod and Skinhead youth subcultures of the working class community in London’s East End. At that time the community was in decline as the traditional industries and small businesses were destroyed by economic change and traditional communities were being broken up by rehousing, redevlopment and the influx of immigrants. The Mods and Skinheads came about as a result of the young Eastenders seeking new identities for themselves due to the changes in their communities. Cohen interpreted the Skinhead subculture as an attempt to recover the working class community that was in decline. He saw the skinheads appearance as an exaggerated version of the traditional working men’s clothes. He also saw their aggressive behaviour and racist attitudes as an exaggerated version of traditional working men’s values. The Mods reflected the upward aspirations of a more affluent section of the working class. They sought to copy the middle class and aspired to a glamorous lifestyle. Cohen saw this as a rejection of traditional working class culture.

In 1976 Hall and Jefferson of the CCCS saw working class youth subcultures as a resistance of ruling class hegemony. They also said that working class youth experience the contradictions of capitalism more acutely than the middle class as they are more likely to experience school as a waste of time. Many of them will end up in dead end, low paid jobs with little satisfaction. It is at the transition from child to adult that working class youths experience most acutely their structural position at the bottom of the pile in the capitalist system. Its at this time that resistance is possible as they aren’t tied down by responsibilities. Hall and Jefferson say that even though working class youth subcultures symbolise a form of resistance, it does little to change the structural position of the young people involve. They describe youth subcultures as a resistance through rituals. The CCCS suggests that although it doesn’t solve anything, it does give the appearance of a solution, they say that being part of a youth subculture may ease the alienation felt by many young people and provides a chance to kick back at society without actually changing anything.

In 1979 Dick Hebdidge argued that there was a tendency for these authentic youth subcultures to become incorporated i.e. the punk subculture represented a conscious rejection of high street fashion yet within months of the emergence of punk, high street shops were selling mass produced fashions based on punk styles. Punk was transformed and tamed from a form of rebellion to another form of fashion. Hebdidge argues that this process of incorporation represents the way in which capitalism makes safe youth subcultures.

One of the major criticisms of the CCCS is that it reads meaning into the appearance and behaviour of young people that they may not see themselves. Also, most of the research was focused on working class youth subcultures and ignores the subcultures formed by the middle class’s during the 60’s and 70’s. Their work also seems to only be concerned with the exotic and rebellious youth and doesn’t consider “ordinary youth.” Most young people don’t join subcultural groups or only adopt the styles because they are in fashion rather than as an act of political rebellion.

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Anne Frank Research Paper

Anne Frank Research Paper

The struggles that a person pursues makes for a strong character. A unique perspective of a young girl's struggles is chronicled in Anne Frank's: The Diary of a Young Girl. It is a compelling example of a young Jewish girl maturing rapidly in the two years between the ages of 13 and 15 while hiding from the Nazis during World War II. These are the two years in which change is so swift and difficult for every young girl. Her numbness to the atrocities of war, her despair at her own situation and her hope and belief in the human spirit in the face of the horrors of war and Nazi persecution make Anne Frank's character stronger.

Anne develops and shows an apparent numbness to the accounts of atrocities committed by the Nazis. She relates a news account of what happens to Nazi resistors in a matter-of-fact manner. Anne writes, "Have you ever heard the term "hostages"? Leading citizens - innocent people - are taken prisoner to await their execution. If the Gestapo can't find the saboteur, they simply grab five hostages and line them up against the wall. You read the announcements in the paper of their deaths being Fatal accidents." (October 9, 1942). The manner in which Anne relates this account shows a kind of acceptance of what is happening. It does not seem to horrify her or outrage her.

Living in the Annexe has had a soothing effect on Anne. She retreats to her "world" and sees the war outside the Annexe as distant. In her diary Anne writes, "And every night hundreds of planes fly over Holland and go to German towns, where the earth is ploughed up by their bombs - It is quiet and safe here - wait as calmly as we can till the misery comes to an end." (June 13, 1943). This entry shows Anne's acceptance of the situation she is in. She sees and hears about what is happening to the Jews but feels separated, unaffected by it. She has become insulated in the Annexe, separated from the war.

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As time passes, Anne becomes used to the sights and sounds of war. Anne writes, "Before a quarter of an hour had passed the shooting started up again. Mrs. Van Daan sat bolt upright at once and then went downstairs to Mr. Dussel's room, seeking there the rest which she could not find with her spouse. Dussel received her with the words "come into my bed, my child!" which sent us off into uncontrollable laughter. The gunfire bothered us no longer, our fear was banished." (May 18, 1943). This shows Anne's acceptance of the sounds of war. Unable to do anything about it, unable to escape it, it becomes a part of daily life.

Although Anne tries to see something positive in most situations and remain optimistic, she at times falls into great depths of despair and she becomes angry or deeply saddened.

On the subject of her heritage, after hearing how the Germans are treating the Jewish population of Germany through BBC broadcasts, Anne becomes very angry and hurt because she too is German. She writes, "Fine specimens of humanity, those Germans, and to think that I'm actually one of them!" (October 9, 1942). The indignation in Anne's writing is evident. She is angry with those Germans who started and supported this war. Her despair is brought on by the betrayal she feels at the hands of her own countrymen.

Anne is frustrated at not being in control of the situation she finds herself in. Her despair is heightened by the fact she feels helpless to do anything. Anne writes, "I've reached the point where I hardly care whether I live or die. The world will keep on turning without me, and I can't do anything to change events anyway. I'll just let matters take their course" (February 3, 1944). This shows that Anne feels that she cannot affect any change to what is going on around her. Her feelings of helplessness and resolve to accept whatever will happen show her despair.

When news that there does not seem to be a quick end to the war, Anne's despair over her life and her situation come to the forefront, even though she tries to be courageous and not show it in front of the others. In her diary Anne writes, "but the minute I was alone I knew I was going to cry my eyes out. I slid to the floor in my nightgown and began by saying my prayers, very fervently. Then I drew my knees to my chest, lay my head on my arms and cried, huddles up on the bare floor. A loud sob brought me back down to earth" (April 5, 1944). This shows Anne's struggles with her emotions. She feels frustrated and angry and helpless, yet she puts on a brave face in front of the others and lets her feelings come out only when she is alone.

Throughout her time hiding in the Annexe, Anne never lets go of her belief in the strength of the human spirit.

Anne believes that there is good in everyone. She writes - "It's really a wonder that I haven't dropped all my ideals, because they seem so absurd and impossible to carry out. Yet I keep them, because in spite of everything I still believe that people are really good at heart." (July 15, 1944). Faith in the goodness of the person and the spirit has not been lost. Anne still believes that people are good at the core even though sometimes they act oppositely.

Anne holds out hope that people will do the right thing when she hears news of an attempt on Hitler's life. She writes, "Now I am getting really hopeful, now things are going well at last. Yes, really, they're going well! Super news! An attempt has been made on Hitler's life and not even by Jewish communists or English capitalists this time, but by a proud German general - and it certainly shows that there are lots of officers and generals who are sick of the war and would like to see Hitler descend into a bottomless pit." ( July 21, 1944). This reinforces Anne's belief that people are good - deep down, and want to do what is right.

Anne has hope for the future. She writes, "It is utterly impossible for me to build my life on a foundation of chaos, suffering and death - I somehow feel that everything will change for the better, that this cruelty too shall end, that peace and tranquility will return once more." (July 15, 1944). Despite all, Anne sees and feels that things will change. She truly believes that there is hope for a better future.

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Saturday, August 28, 2010

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Essay on Change in Perspective

Essay on Change in Perspective

The journey we take trough life necessitates change for without it we cannot grow, and therefore not gain new awakenings. The process of change is an inevitable part of life and occurs as a result of maturity, gain knowledge or discovering one self. Through a number of texts we can see the concept of change in perspective clearly demonstrated and how they create awakenings. Texts including "Looking for Alibrandi:" by Marchetta, "My Father as a God" by Ian Mudie, "From "beached whale" to "beach babe" and Remarques "All Quiet on the Western Front" all have themes and underlying meanings relating to change in perspective.

Changing perspective is a dominant theme in LFA. The novel focuses on Josephine Alibrandi and her journey of discovery and new awakenings through her senior year of high school. It is a year that marks many changes in her life, herself and her family. A key event in the novel where Josie has a change in perspective which creates awakenings is the meeting of her father, Michael Andretti. Initially before Josie has met her father she resents him for abandoning her mother while she was pregnant. Josie has an angry confrontation with her father in chapter six where she denies any need of him. However, the incidence with Ron Bishop alters this and Josie gains a new awakening. As she walks alongside her father she says she "likes the feeling of having a fatherly figure". Their relationship continues to grow as Josie matures and changes her views about life. As a result, Josie gains a new awakening and her view towards life and people changes. This is clearly shown where she considers to move in with her father and change her name to Andretti. However, Josie comes to realize that she would be a hypocrite if she were to do this, as then she too would be "abandoning" her mother like she had thought her father had done.

Much like "Looking for Alibrandi" (hereafter LFA), the poem "My father as a God" by Ian Mudie, shows a similar change where as a young boy matures and grows up, his perspectives of his father change and he therefore gains new awakenings. The quote "and made me a godling" shows the perspective the young boy had of his father. He thinks of him like a god who no-one dare to argue with. However, as the boy matures his perspective changes and his new thoughts about his father change. The son describes him by saying "How he shrank and shrank", which shows how the father is becoming less significant.

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The language that Mudie uses further portrays the sons change in perspective towards his father. The first line shows the exaggerated view of the father when Mudie uses "God" as a hyperbole. The repetition of the word "shrank" in the third stanza shows how the sons views of his father were disintegrating.

"LFA" and "My father as a God" both deal with the change in perspective which results from maturity which in turn creates awakenings.

A major theme in "LFA" is identity. Josephine has a change in perspective of her own identity. Initially she believed that her appearance and ethnic background was the determining factor in her social acceptance. However, when Sister Louis informs Josie that she had been selected school captain by her peers and that her and hr friends were the trendsetters in the school, she has a change in perspective in herself. At that moment Josie says "I knew deep down that I was wrong and I think that my emancipation began at that moment." This clearly shows that as a result of Josie gaining a new perspective she gains a new awakening and as a result views herself in new light.

This correlates directly with Angela Cerretto's view of herself in the article "From "beached whale" to "beach babe" (Womens Day March 2003). When Angela weighed 84kg she was ashamed of herself and would "hate summer". She was not happy with herself and was often "reduced to tears". However, when she took Fat Blaster and lost 20kg, her view on herself and life changed. She said "it's the first summer in years that I am really going to look forward to "I feel so happy. My whole life is different".

It is also through experiences that Josie gains a new perspective which creates awakenings. However, this time she has a change in perspective of her culture.

After experiencing John Barton's death, Josie comes to realize that her life really is not that bad. As a result of this change in perspective she gains a new awakening where she understands that while she is poor, she us also free to pursue any sort of life that she wants. John's life however, was pre-ordained and he had to die in order to achieve his emancipation. Eventually Josie decides "you can't hate what you are apart of". At first she thought that her background stopped her from being herself but later realizes that her culture makes up who she really is and that she cannot break free of it.

The poem "The Door" by Holub is similar to LFA because it is through experiences that peoples perspectives can change which in turn create awakenings.

To the composer the door is a symbol of change. Opening the door allows changes to occur. If the door is not opened new experiences will not be met and perspectives cannot therefore change. The composer uses the door as an extended metaphor throughout the poem to establish the need for change. Repetition of the imperative "Go and open the door" further asserts the need to open the door, to take risks and to leave the comfort zone, to take on the world outside and gain a change in perspective and possibly create an awakening. Yet, at the same time, the poem reminds us that there are no certainties when we open the door, just varied opportunities which are then listed from the common and ordinary "dog's rummaging" to the fantastic and abstract "magical city". But all encompasses the notation of change: that which may alter us, our world or give us a new perspective.

Marchetta also demonstrates through Josie, that having increased knowledge and knowing all the facts can bring about a change in perspective. Josies perspective of her grandmother changes from viewing her as a nagging old women to having a caring, caring, respectful relationship with her. The episodic narrative which is written in first person enables the reader to see the stages in which her perspective changes as she gains knowledge about her grandmother and also how it is her own actions that allow the change to occur. Initially Josie dreads having to spend time with her Nonna, as she states "my main objective in life at the moment is to get on my grandmothers nerves".

But as the novel progresses Josie learns more about her Nonna's life and about her affair with Marcus Sandford. She finds out that her grandmother "Hadn't lived life the way she thought, she hadn't played by all the rules."

By the end of the novel, it is seen that Josie has a new awakening and is able to see her Nonna's full worth and she cries as she realizes "I'm loved by the two strongest women I'd ever meet in a life time".

Reamarques "All Quiet on the Western Front" also demonstrates that through increased knowledge (i.e. change in knowledge) ones perspective can change and create new awakenings.

In the novel as time passes and Paul experiences new events, he gradually awakens to the idea that the enemy is really no different to himself. The Frenchman he kills looks like the kind of man whose friendship he would have enjoyed. As his friends are slowly killed his whole perspective changes and he can only cling to his new found beliefs in the brother hood of all men.

After a close study of the texts mentioned, it can be concluded that change is an inevitable part of ones life that is caused by factors such as maturity, sudden events in ones life or even just an increase in knowledge. However, it is through these changing perspectives that create awakenings, where one comes to learn more about themselves and those around them.

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Friday, August 27, 2010

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Criminal Justice Research Paper

Criminal Justice Research Paper

Elaboration of central thesis

The idea is that the levels of crime are high not only as a result of economic stress and other such factors but also as a result of lack of certainty and celerity in the Criminal Justice System.

This fosters opinions and impressions of the manipulation of the Criminal Justice System. These beliefs decrease the threat of punishment for illegal activity produced by the Criminal Justice System. If punishment is not swift and dependable then it looses power as a threat against illegal activities.

Beccaria theorized that a minimum amount of punishment was needed if criminals were convinced that their violations were certain to be discovered and swiftly punished. This was similar to the Rational Choice Theory.

It can be argued though that criminals are victims of such factors as racism, poverty, alienation, strain and their crime is an expression of their frustration. Their anger is a creation of social inequality.

The Criminal Justice System serves to control the “have not’s”. It serves to secure the power of the affluent and judges those before it by two standards of justice. Within it the rich have private attorneys while the poor get public defenders.

This process includes most lawyers. The best lawyers, from the best schools, with the best experience are quickly absorbed into prestigious law firms practicing civil, and more particularly, corporate law. Those attorneys who find their way to the bar in the criminal courts are usually from less prestigious law schools, have less training, and come from lower socioeconomic backgrounds (Ladinsky, 1984). Greg Barak (1980) goes so far as to argue that corporate law as an institutionalized specialty acted to erode the quality of criminal defense attorneys, insuring that criminal lawyers are primarily those of poorer quality, experience, and training. Whether intended or not the outcome is the same.

Those high-quality attorneys who choose to practice criminal law find themselves with heavy caseloads that make impossible quality case preparation for all but the elite of the profession. They find themselves burdened with many cases. Burnout among criminal lawyers is the rule, and it occurs early in their careers. Another route for practicing criminal law is to join the district attorney's office as a prosecutor.


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Those attorneys who come out of law school and join public defenders' offices are, for the most part, putting in their time and getting experience in order to move on to a law firm and eventually enter the more lucrative practice of civil and corporate law. Their priorities are clearly to avoid offending people in the system and to get through the public defender experience without incurring any black marks against their future acceptance into the upper strata of the practice of law (Platt and Pollack, 1975). In addition, public defenders are employees of the court. Their professional lives depend on good working relations with prosecutors and judges. Rocking the boat will not enhance a public defender's professional life. Agreeing to a quick plea bargain that clears the court calendar and gives the prosecutor a "win," on the other hand, will (Blumberg, 1975; Casper, 1972; Skolnick, 1966). Court-assigned private attorneys are no more strongly motivated to represent their clients' interests. They are paid a set fee considerably lower than the fee they would be getting from their private clients for the same time and effort. Bringing a case to a rapid conclusion, preferably through a bargained guilty plea, is very much in their economic interest. As such while a poor person may steal a night drop deposit bag and get sent to a maximum security prison the rich person who steals ten million through some type of fraud, putting many people out of jobs and much needed income is sentenced to—if at all sentenced—a minimum security prison, or a “country club institution”.

The indications show that the system is not working well. It fails to adequately protect society from crime. It fails to reduce crime or deter criminals. It fails to treat all of the accused with equal justice. It is discriminatory, unevenly applied, and is not even handed.

Description of problem

The Criminal Justice System does not take into account the economic system and this is understandable. People feel forced to find other sources of income and survival. However, it is a shared opinion the lady justice is not blind. There is a bias against some crimes while others which may be more far reaching but less violent are given a slap on the wrist.

Assault charges for example are for the most quickly and harshly punished as inappropriate behavior. However, other crimes like white-collar crime are seen as being dealt dealt with differently. The reaction is more “Hush-Hush”. Trials at times take longer to reach court. Trials are deliberated, and re-deliberated, and often punishment looks to the average person as a slap on the wrist. There is also the fact that increased reporting and publicizing of violent crime while other crimes may be dealt with privately, totally avoiding publicity, trial, and conviction.

People do not think justice is fair and swift and thus are not constrained by it. What is the relationship between law and society? The law announces the values of society. It tells us where the boundaries of acceptable behavior lie and links those who violate the boundaries--criminals--with incarceration. Why are some behaviors illegal and not others? Are laws based on a culture's morality? Is every behavior considered deviant defined as illegal? As Erich Goode and Nachman Ben-Yehuda (1994:78) state, "Definitions of right and wrong do not drop from the skies, nor do they simply ineluctably percolate up from society's mainstream opinion; they are the result of disagreement, negotiation, conflict, and struggle.

Society is composed of individuals struggling to defend their interests in interaction with others doing the same thing. According to George Vold (1958:208---9), "The whole political process of law making, law breaking, and law enforcement becomes a direct reflection of . . . fundamental conflicts between interest groups and their . . . struggles for the control of the police power of the state." The winners decide who is in violation of the law--that is, who is criminal. In Vold's description, the contact of groups is an endlessly changing kaleidoscope of force-ratios. Laws are the peace treaties intended to safeguard the prominence of the victors.

In addition, the amount of social diversity between offender and victim affects how the law is applied. Donald Black (1989:59) uses homicide to illustrate: "The amount of variation in the handling of homicide cases is spectacular, ranging from those that legal officials decide not even to investigate (as frequently occur when prisoners or skid-row vagrants kill each other) to those resulting in capital punishment (as may happen when a poor robber kills a prosperous stranger)."

Impartial application of the laws is thus a myth in the case of homicide. As Michael Kramer (1994:32) notes, "Despite the many supposed safeguards, what matters most is who you are, who you kill, and who your lawyer is."

The most frequent manifestation of criminal justice is repression. "Our criminal justice system includes an aspect that is oppressive. Criminal justice is, literally, state power. It is police, guns, and prisons, hanging. Once the myth that repressive laws will deter undesirable behavior takes hold, it is not easily abandoned. The poor, underemployed and unemployed and undereducated who make up the majority of criminal justice system clients find themselves in a legal system populated by people very unlike themselves, with little understanding of their backgrounds, their lives, or their needs. This is an obvious disadvantage, but it pales in the face of the disadvantageous position of the poor in the rest of the trial process.

This brings us to one additional definition of justice: justification. The reality of the legal system is not innocent until proven guilty beyond a reasonable doubt before a jury of peers. The reality is that who you are, where you live, whom you know, and the assets you have to defend yourself determine what kind of justice you will receive. Those most like "us" are presumed innocent--and often, for that reason, are never charged and never enter the process. Even the concept of applying the law equally is inherently inequitable, but we cling to the cherished notion of equality to justify the established system. The gap between standards and reality--the law in theory and the law in action--is much more than a philosophical discussion for those who must experience it.

Thesis Statement

Lack of Celerity and Certainty are part of the reason that the Criminal Justice System in Jamaica is not effective in reducing levels of crime in the society.

Rationale

All societies are held together by shared norms and beliefs which guide the actions of most or a citizens. In a society where this is not the case there will be problems within that society as the citizens are set into conflict with each other. For a society to maintain peace and harmony it must share within itself a common outlook on what is accepted and what is not accepted in terms of behavior and other factors.

A society’s Criminal Justice System is the method by which these norms and values are shared with everyone as well as enforced upon those in society. However if the citizens of the society see that the Criminal Justice System is a biased one and that the results and process within the Criminal Justice System depend on who the Criminal Justice System is looking at it looses its power to act as a cohesive factor within society.

In countries like Jamaica there is a perceived difference in treatment that the Criminal Justice System metes out to people from different social classes, groups, and etcetera. These differences in the action of the Criminal Justice System depending on those it is being applied to at the moment weaken its ability to act as a cohesive agent in the society. The fact also that justice is not blind affects the Criminal Justice Systems ability to do the job it was set up to do. The Criminal Justice System is also faced with the fact that as well as being biased in the levels of Celerity it provides it is also biased in the level of Certainty faced by potential and actual perpetrators within the system.

In Jamaica there have been little evaluations of existing policing, sentencing, and correctional policies. Judges have considerable discretionary powers. Rehabilitation programs have never been properly evaluated.

The Jamaican Criminal Justice System has been deeply influenced by Rational Choice Theory. It believes that as rational, free willed subjects, individuals freely choose to commit crimes and commit to criminal careers.

Research problem as investigated by others

Public images created by movies, television, novels, newspaper stories, and radio reports play up the nature of the Criminal Justice System. What is the relationship between law and society? The law, as the basis of the Criminal Justice System, serves as a banner to announce the values of society. It tells us where the boundaries of acceptable behavior lie and links those who violate the boundaries--criminals--with evil, pain, incarceration, and disgrace. Why are some behaviors illegal and not others? Are laws based on a culture's morality? Is every behavior considered deviant defined as illegal? As Erich Goode and Nachman Ben-Yehuda (1994:78) state, "Definitions of right and wrong do not drop from the skies, nor do they simply ineluctably percolate up from society's mainstream opinion; they are the result of disagreement, negotiation, conflict, and struggle. The passage of laws raises the issue of who will criminalize whom." By what process do crimes get defined, the criminal law created, and violators punished?

Goode and Ben-Yehuda (1994) point out that all groups in a society do not have equal access to the legal process. Some have more influence with the media, some with legislators, and some with the educational system. "Views of right and wrong do not triumph by becoming widely accepted in a society simply because they are objectively true or because they best preserve the social order or generate the greatest benefit for the greatest number of people" (Goode and Ben-Yehuda, 1994:78---79). In its most altruistic form, law is a consensus about how to safeguard everyone's interests--as understood by particular people at a particular time. The framers of the Constitution may have been engaged in unselfish efforts to construct an impartial rule of law, but women were not given the right to vote, and slavery was not illegal--constraints of the worldviews at that time.

Arrest, that point at which one is taken into official custody and charged with the commission of a crime, is in the truest sense the gateway to the criminal justice system. In a system guaranteeing equal protection under the law and equal justice to its citizens, an arrest should occur only after police and investigators have carefully gathered and sifted through the evidence of a crime. If probable cause exists, the suspect is taken into custody. The criteria for determining probable cause should be the same for everyone. This is the majesty of a criminal justice system that guarantees equal protection. It is also a myth.

The vast majority of people arrested and processed through the criminal justice system are poor, unemployed or underemployed, and undereducated. Indeed, 33% of the individuals in our prisons were not employed prior to their arrests, 45% were not employed in full-time jobs, 47% had not graduated from high school, and 50% made less than $10,000 a year in income (Reiman, 1998: 134-135).

Does the overrepresentation of the poor, undereducated and unemployed in arrest statistics represent a failure of equal justice or does it represent higher rates of criminality among those groups? Defenders of the justice system claim that the disadvantaged in society simply commit more crime and more serious crimes than others. If this is true then perhaps the bias of arrest noted above reflects actual criminality not a failure of the system to guarantee equality. Fortunately, we have means available to test this argument. For many years, social scientists have made use of self-report surveys, particularly among juvenile populations. These surveys list criminal acts and ask the respondents to indicate which of those acts they may have committed, and often the frequency with which they have committed them, while guaranteeing the respondents anonymity. Self-report surveys also gather demographic data to allow us to compare reported criminality among various groups in society.

Race also impacts on the decision to arrest. A study of police discretion in six southern cities in the United States of America (Powell, 1990) found a significant disparity in how police officers implement their discretionary decision-making to arrest to not arrest, with offender race strongly influencing the decision-making process. Police demonstrated a clear tendency to take more punitive actions against black offenders than white offenders, especially in the three most urban of the research sites. These findings were confirmed by recent research on case processing in Nebraska (Johnson, Secret, 1990). In that study, race was found to the major extralegal variable related to decisions related to detention, to referral to court, and to sentencing. The only aspect of the justice system, which seemed not to discriminate against blacks, was in adjudication where whites were more likely than blacks to be convicted. However, upon review the researchers determined that this inconsistency was attributable not to race-blind justice but to the fact that blacks are more likely to be charged and processed based on weaker evidence. There are many possible explanations for this bias in arrest (Reiman, 1998; Chambliss, 1984: 199-203):

It can be argued that poor, because of their living conditions, housing, and lifestyles are not afforded the same level of privacy as the privileged. What the rich do in their dens, bedrooms, and fenced yards, the poor do in public, making arrests for drugs, drinking violations, gambling, and sexual activity more likely.

A middle-class or upper class family can provide the arresting officer or prosecutor with an alternative to arrest. The son or daughter of a well-to-do family can always get "counseling," "drug treatment," "therapy," and other forms of professional help that might correct his or her aberrant behavior. The poor cannot make such overtures. The money needed to get a juvenile into drug treatment is simply not available to any but the well off in society.

It can be argued that police officers are trained in such a way that they are more likely to identify a poor youth, particularly a member of a depressed community, as a potential criminal. This police stereotyping may direct attention to the disadvantaged and away from the advantaged. It can also be argued that the police operate in a bureaucratic system, and like all bureaucracies policing seeks to avoid difficult problems and handles those cases, which are less troublesome. A middle-class or upper class offender is more likely to take the case to trial, more likely to exercise political influence, more likely to afford a private attorney. The poor can offer no such resistance to the charges and therefore arrests of the poor and disadvantaged are simply easier on the police bureaucracy. All of these explanations for the police propensity toward arresting the poor and disadvantaged no doubt have some explanatory power. But none of them change the basic fact that middle-class and upper-class offenders, participating in the same activities and engaging in a similar rate of criminality, are less likely to find their way into the criminal justice system.

The poor, underemployed and unemployed and undereducated who make up the majority of criminal justice system clients find themselves in a legal system populated by people very unlike themselves, with little understanding of their backgrounds, their lives, or their needs. This is an obvious disadvantage, but it pales in the face of the disadvantageous position of the poor in the rest of the trial process. Once a defendant has been adjudicated as guilty it falls on the court to hand down a sentence appropriate to the crime and its circumstances. The doctrine of equality, fairness, and equal protection under the law dictates that this decision not be affected by extraneous factors, such as race, gender, or socioeconomic status. The reality is that such factors play a critical role in the sentencing decision.

The empirical research done by criminal justice scholars has demonstrated with remarkable regularity that minority group members (particularly African-Americans) and the poor get longer sentences, have less chance of gaining parole or probation, even when the seriousness of the crime and the criminal record of the defendants are held constant (Bridges and Crutchfield, 1988; Myers, 1987; Walsh, 1987; Zatz, 1987). Without belaboring the point by discussing the dozens of studies, which have demonstrated such bias in sentencing, a few illustrative examples will suffice in making the point.

From the time of arrest, through pretrial detention, through the criminal trial and into prison, the key factor which determines the severity and harshness with which the criminal justice system treats its clients is money. Those who can commit sophisticated crimes, pay high-priced attorneys, and afford private treatment and counseling will find justice with a merciful and caring face. Those who cannot will find long sentences and prison to be their punishment for being poor.

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Thursday, August 26, 2010

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