Winterbourne view free essay sample

Winterbourne view was private, residential hospital with 24 beds, for people with autism and learning disabilities. Some of whom display challenging behaviours. 73% had been admitted to the hospital under Mental Health Act powers. The hospital was essentially government funded with the average charge being ? 3500 per week per client. Forty-eight patients had been referred to Winterbourne View by 14 different English NHS commissioners, meaning that there was no one commissioner with a lead or strong relationship with the hospital. In addition to this out of 49 patients, over half were not from the local area, some as far as 140 miles away. The average length of stay at Winterbourne View was around 19 months but some patients had been there more than three years. There is little evidence of urgency in considering discharge and move-on plans for Winterbourne View patients. Culture: One of the most striking issues is the very high number of recorded physical interventions at Winterbourne View. We will write a custom essay sample on Winterbourne view or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The Serious Case Review notes that Castlebeck Care Ltd recorded a total of 558 physical interventions between 2010 and the first quarter of 2011, an average of over 1. 2 physical interventions per day. Winterbourne View patients attended NHS Accident and Emergency services on 78 occasions. Between January 2008 and May 2011 police were involved in 29 incidents concerning Winterbourne View patients. Between January 2008 and May 2011, 40 safeguarding alerts were made to South Gloucestershire Council but these were treated as separate incidents. 27 were allegations of staff to patient assaults. The Serious Case Review provides evidence of poor quality healthcare, with routine healthcare needs not being attended to – for instance there were widespread dental problems and most patients were plagued by constipation. Many patients were being given anti-psychotic and anti-depressant drugs without a consistent prescribing policy. Families and other visitors were not allowed access to the wards or individual patients’ bedrooms. This meant there was very little opportunity for outsiders to observe daily living in the hospital and enabled a closed and punitive culture to develop on the top floor of the hospital. Patients had limited access to advocacy and complaints were not dealt with. Staff failings For much of the period in which Winterbourne View operated, there was no Registered Manager. Approaches to staff recruitment and training did not demonstrate a strong focus on quality. There is little evidence of staff training in anything other than in restraint practices. Although structurally a learning disability nurse-led organisation, it is clear that Winterbourne View had, by the time of filming by Panorama, become dominated to all intents and purposes by support workers rather than nurses. There was very high staff turnover and sickness absence among the staff employed at the hospital. Despite the high cost of places at Winterbourne View commissioners do not seem to have focused much on quality, or on monitoring how the hospital was providing services in line with its registered purpose – ie. Assessing the needs of individuals and promoting their rehabilitation back home. The lack of any substantial evidence that people had meaningful activity to do in the day, the way in which access by outsiders to wards was restricted, reports of safeguarding alerts should have been followed up rigorously, but were not. BBC’s Panorama programme finally called an end to the abuse at Winterbourne View, with an expose on the care home after a reporter gained access posing as a support worker. The programme set up undercover filming after it was approached by former nurse Terry Bryan, who had followed the whistle blowing procedure whilst working at the hospital, but was ignored by management. Eleven care workers were sentenced after admitting 38 charges of neglect and abuse. Six were jailed for between two years and six months, while the others received suspended sentences.

Microwave Radiation Definition

Microwave Radiation Definition Microwave radiation is a type of electromagnetic radiation. The prefix micro- in microwaves doesnt mean microwaves have micrometer wavelengths, but rather that microwaves have very small wavelengths compared with traditional radio waves (1 mm to 100,000 km wavelengths). In the electromagnetic spectrum, microwaves fall between infrared radiation and radio waves. Frequencies Microwave radiation has a frequency between 300 MHz and 300 GHz (1 GHz to 100 GHz in radio engineering) or a wavelength ranging from 0.1 cm to 100 cm. The range includes the SHF (super high frequency), UHF (ultra high frequency) and EHF (extremely high frequency or millimeter waves) radio bands. While lower frequency radio waves can follow the contours of the Earth and bounce off layers in the atmosphere, microwaves only travel line-of-sight, typically limited to 30-40 miles on the Earths surface. Another important property of microwave radiation is that its absorbed by moisture. A phenomenon called rain fade occurs at the high end of the microwave band. Past 100 GHz, other gases in the atmosphere absorb the energy, making air opaque in the microwave range, although transparent in the visible and infrared region. Band Designations Because microwave radiation encompasses such a broad wavelength/frequency range, it is subdivided into IEEE, NATO, EU or other radar band designations: Band Designation Frequency Wavelength Uses L band 1 to 2 GHz 15 to 30 cm amateur radio, mobile phones, GPS, telemetry S band 2 to 4 GHz 7.5 to 15 cm radio astronomy, weather radar, microwave ovens, Bluetooth, some communication satellites, amateur radio, cell phones C band 4 to 8 GHz 3.75 to 7.5 cm long-distance radio X band 8 to 12 GHz 25 to 37.5 mm satellite communications, terrestrial broadband, space communications, amateur radio, spectroscopy Ku band 12 to 18 GHz 16.7 to 25 mm satellite communications, spectroscopy K band 18 to 26.5 GHz 11.3 to 16.7 mm satellite communications, spectroscopy, automotive radar, astronomy Ka band 26.5 to 40 GHz 5.0 to 11.3 mm satellite communications, spectroscopy Q band 33 to 50 GHz 6.0 to 9.0 mm automotive radar, molecular rotational spectroscopy, terrestrial microwave communication, radio astronomy, satellite communications U band 40 to 60 GHz 5.0 to 7.5 mm V band 50 to 75 GHz 4.0 to 6.0 mm molecular rotational spectroscopy, millimeter wave research W band 75 to 100 GHz 2.7 to 4.0 mm radar targeting and tracking, automotive radar, satellite communication F band 90 to 140 GHz 2.1 to 3.3 mm SHF, radio astronomy, most radars, satellite tv, wireless LAN D band 110 to 170 GHz 1.8 to 2.7 mm EHF, microwave relays, energy weapons, millimeter wave scanners, remote sensing, amateur radio, radio astronomy Uses Microwaves are used primarily for communications, include analog and digital voice, data, and video transmissions. They are also used for radar (RAdio Detection and Ranging) for weather tracking, radar speed guns, and air traffic control. Radio telescopes use large dish antennas to determine distances, map surfaces, and study radio signatures from planets, nebulas, stars, and galaxies. Microwaves are used to transmit thermal energy to heat food and other materials. Sources Cosmic microwave background radiation is a natural source of microwaves. The radiation is studied to help scientists understand the Big Bang. Stars, including the Sun, are natural microwave sources. Under the right conditions, atoms and molecules can emit microwaves. Man-made sources of microwaves include microwave ovens, masers, circuits, communication transmission towers, and radar. Either solid state devices or special vacuum tubes may be used to produce microwaves. Examples of solid-state devices include masers (essentially lasers where the light is in the microwave range), Gunn diodes, field-effect transistors, and IMPATT diodes. The vacuum tube generators use  electromagnetic fields to direct electrons in a density-modulated mode, where groups of electrons pass through the device rather than a stream. These devices include the klystron, gyrotron, and magnetron. Health Effects Microwave radiation is called radiation because it radiates outward and not because its either radioactive or ionizing in nature. Low levels of microwave radiation are not known to produce adverse health effects. However, some studies indicate long-term exposure may act as a carcinogen. Microwave exposure can cause cataracts, as dielectric heating denatures proteins in the eyes lens, turning it milky. While all tissues are susceptible to heating, the eye is particularly vulnerable because it doesnt have blood vessels to modulate temperature. Microwave radiation is associated with the microwave auditory effect, in which microwave exposure produces buzzing sounds and clicks. This is caused by thermal expansion within the inner ear. Microwave burns can occur in deeper tissue- not just on the surface- because microwaves are more readily absorbed by tissue that contains a lot of water. However, lower levels of exposure produce heat without burns. This effect may be used for a variety of purposes. The United States military uses millimeter waves to repel targeted persons with uncomfortable heat. As another example, in 1955, James Lovelock reanimated frozen rats using microwave diathermy.   Reference Andjus, R.K.; Lovelock, J.E. (1955). Reanimation of rats from body temperatures between 0 and 1  °C by microwave diathermy. The Journal of Physiology. 128 (3): 541–546.

The Changes in Healthcare Industry Research Paper

The Changes in Healthcare Industry - Research Paper Example This paper explores the changes that the healthcare industry has experienced in the last decade and also assesses possible challenges the industry is likely to face in the next ten years. It is no secret that the healthcare industry has undergone an extensive change in the previous decade. The healthcare industry has in the last ten years experienced numerous ups and downs. The life expectancy of individuals has increased amazing compared to that in 1980s. There have been numerous medical breakthroughs both in terms of health equipment and drugs. The advancement in technology has seen health care delivery services become better each year, increasing the overall efficiency of the healthcare industry. The healthcare industry has grown from less efficient to the efficient industry through technological innovations. Computers have resulted in a massive reduction in medical errors. Health records are now processed and stored in electronic form eliminating massive paperwork and minimizing possible errors altogether. Competition has also heightened in the last decade pushing health care providers to fine-tune the services they offer to clients (Ginsburg, 2005). However, the industry has not been without its downs. The cost of health care has escalated over the years. It is now more expensive to obtain quality health care than it was ten years ago. The increasing number of uninsured indicates how expensive health care has become. Healthcare has become evidently unaffordable to many people over the last decade. Nonetheless, the government has been doing its best to curb this undesirable scenario. For instance, Obama care, though faced with numerous challenges, is aimed at making health care affordable to all people. Healthcare industry is likely to experience numerous changes in the next decade. Of all the likely changes, improvement in technology stands to be the biggest change in the next ten years. The advancement in technology has been on the positive side and the healthcare industry is likely to benefit from this in the next decade.  Ã‚  

Global Human capital (case study) Essay Example | Topics and Well Written Essays - 500 words

Global Human capital (case study) - Essay Example As part of business strategy in the early 2000s, the company had to reduce the number of employees at its Tokyo based headquarters. The worker force was reduced above 5000 to the current number of 4,222. This is excludes all the employees on overseas assignments and those working for subsidiaries and offices abroad. A major success factor for the ITOCHU Company is the sound management, the robust organisational structure adopted and as well as the vast international network (Kishita, 2006). Management strategy gives ITOCHU a competitive edge as the company is able to achieve operational efficiency post impressive financials. Guided by the mid-term management plan known as Frontier-2006 the company aimed at increasing profitability in a manner that is stable. It then moved on to implement another mid-term management plan dubbed, Frontier, 2008 who goals were enhancing corporate value on the international arena and increase investor confidence through aggressive management policies. This saw the company post a net income of  ¥218.6 billion in the financial period ending March 2008 and mark the fourth year of record earnings. These are fruits of the growth strategies and hikes in natural resources prices (Rowley & Benson, 2002). In the recent economic restructuring ITOCHU has implemented a number of changes in the area of employee resourcing. Taking advantage of the shukko and haken schemes introduced by government a number of employees have been relocated subsidiaries paving way for the company to externally higher people who are more capable and experienced under the new mid-career professional recruitment system. The company’s HR retention policies have also been redesigned especially on the aspects of job allocation and training. A lot of focus currently is directed at specialisation as opposed to multi-tasking and job rotation (Ballo, 2002). Additionally ITOCHU has moved to attract young talents and foster

Boston Tea Party Research Paper Example | Topics and Well Written Essays - 1500 words

Boston Tea Party - Research Paper Example The historical belief is that the Boston Tea Party was set into motion in 1765 by the Tea Act of the British parliament that was meant to aid the British East India Company that held a massive surplus of tea in its warehouses. The British decided to sell the tea to its colonies at undercut prices in order to help save the failing tea company. However, purchasing the tea would have fallen under the Townshend Duties which was not supposed to apply to the colonies. The colonies recognized the usurpation of power that was taking place due to the entry of the tea into the American market, causing the colony to resist purchasing the tea. The Boston Tea Party was the result of a near decade of indirect war between the colony and Britain. The actions of the British parliament in relation to the entry of the taxed British tea into the colony eventually led to the independence of America in 1776. It is interesting to note however, that the aforementioned history of the Boston Tea Party is but one of the many versions / reasons that has come out over time to explain the events leading up to the eventual independence of America from colonial rule. The most commonly accepted version of the Tea Party history is that it was an event that occurred in 1773 as a showdown between the â€Å"Friends of Government† represented by Governor Thomas Hutchinson, and the â€Å"Sons of Liberty† represented by Samuel Adams and Joseph Warren. When the ship The Darthmouth docked on American shores on November 28, 1773 it was unable to offload its cargo of tea. The colony refused to let the the ship go back to England and yet they refused to receive the tea as well. Both sides had 20 days to clear customs and resolve the issue. However, resolving the problem of the taxed tea proved to be futile. At this point, British warships, expecting trouble, stood guard in the nearby harbor. When all efforts are negotiation failed, The â€Å"Body of the People† that had gathered at the Old South Meeting

Burglary of a Dwelling Conviction

Burglary of a Dwelling Conviction MEMORANDUM TO: Senior Partner FROM: Associate RE: George Bailey Burglary of a dwelling conviction DATE: July 11, 2016[FEC1] ISSUES PRESENTED Under Florida case law[FEC2], entering is an element of burglary. Entering qualifies as any [FEC3]body part and is not secluded to the whole body. Defendant put his arm through an open garage window to commit a burglary[FEC4]. Did Defendant meet the element of entering as it pertains to the burglary statute? Under Florida statute, dwelling is an element of burglary. For any building to be considered a dwelling, the property in which it resides must have curtilage[FEC5]. Curtilage is some form of enclosure surrounding a property. While standing on the neighbors property, Defendant burglarized[FEC6] a detached garage on a property that was enclosed on three sides, with the fourth side open. Did Defendant meet the element of dwelling as it pertains to the burglary statute?[FEC7] BRIEF ANSWERS Yes. Florida law defines entering as intrusion of any body part to commit the crime. An arm fits the definition of any body part because it is part of the body and can be used to commit the crime. Therefore, an arm qualifies as an entering body part under Florida law. No. Florida law states that a property in which a dwelling resides must [FEC8]have curtilage, and curtilage was [FEC9]defined as any form of enclosure surrounding a property. A detached garage would not be a dwelling, if its property is not surrounded by some form of an enclosure. Therefore, a detached garage on a property without curtilage would not qualify as a dwelling under Florida law[FEC10]. STATEMENT OF FACTS Mr. George Bailey has been convicted [FEC11]of burglary of a dwelling and is seeking help with his conviction. Mr. Bailey is an unemployed thirty-four year old male, who has resided at 320 Sycamore Street, Bailey Park Florida 33430 for nine years with his wife and four young children. He has been unemployed for approximately two years[FEC12]. Mr. Bailey seeks the help of counsel with his conviction of burglary of a dwelling. Specifically, the conviction of burglary as it pertains to Florida law. On May 27, 2016, Mr. Bailey was driving in the residential area of Pottersville looking for thrown out furniture to refurbish and resell. He came across a home with patio furniture sitting out on the curb for trash pickup,[FEC13] and decided to load it onto his truck. Before getting back into his truck, he glanced around for anything else to pick up. He then saw an electric sander sitting on a workbench inside an open garage window of the neighbors house, Mr. Ernie Bishop. Mr. Bailey advised, that he wanted the sander because most of his tools needed to be replaced and the small sander would allow for more refinishing of furniture than sanding by hand. The side of Mr. Bishops property[FEC14]where the garage is located, is lined with a short hedged wall[FEC15], which he thought would conceal him from being seen when taking the sander. Still standing on the property of the neighbors home, he reached over the hedge wall and into the partly open window with his arm, took the sander, and went back to his truck. Minutes later, he was stopped by police and arrested for burglary of a dwelling. Mr. Bailey was arrested on May 27, 2016[FEC16]at approximately 8:35 p.m. He was booked at approximately 9:00 p.m. on the same day, and was convicted of burglary of a dwelling with a $2,000.00 bond. He conviction is to be heard in front of a judge.[FEC17] DISCUSSIONN[FEC18] Mr. George Bailey will unlikely to be convicted [FEC19]of burglary of a dwelling, because[FEC20]although he meets the entry and intent elements[FEC21], he doe[FEC22]s not meet the element of dwelling because Mr. Ernie Bishops property does not have curtilage. In Florida, burglary is e[FEC23]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter . . . . Fla. Stat. Ann. ÂÂ § 810.02(1)(b)(1) (LexisNexis Effective July 1, 2016). To be convicted of burglary of a dwelling[FEC24]the prosecution would have to [FEC25]prove that Mr. Bailey meets the elements of entering, dwelling, and intent. The exceptions to the rule, are if the property was open to the public, if Mr. Bailey was a licensed professional performing work on the property, or if Mr. Bailey was a social guest invited onto the property.[FEC26] These exceptions were not factors in Mr. Baileys case. At the time of the burglary, Mr. Bishops property was not open to the public. It is a privately owned home located in a residential area of Pottersville. Additionally, Mr. Bailey did not personally know Mr. Bishop, nor was he hired by Mr. Bishop to perform any type of professional services. Mr. Bailey meets the intent element because he testified [FEC27]that his intention was to take the sander without being seen. Florida law states that proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense. Fla. Stat. Ann. ÂÂ § 810[FEC28].07(1) (LexisNexis 2016). In the Baker case, the Court used defendants stealthy entry [FEC29]as an evidentiary tool to establish the proof of intent to commit burglary. Baker v. State, 636 So. 2d 1342, 1344 (Fla. 1994). Therefore, by intending to steal the sander without anyone seeing him, Mr. Bailey used the coverage from the hedges to sneak his arm into the garage, which provides sufficient evidence to meet the intent element. Thus, the elements at issue here are entering and dwelling. Mr. Bailey meets the element of entering within the meaning of the burglary [FEC30]statute because he used his arm to take the sander from the window, and using any body part establishes entry. The entering element, is defined through case law. The Court states, [FEC31]the unqualified use of the word enter in a burglary statute does not confine its applicability to intrusion of the whole body but includes insertion of any part of the body or of an instrument designed to effect the contemplated crime. Polk v. State, 825 So. 2d 478, 479 (Fla. App. 2002).[FEC32]; see also Spearman v. State, 366 So. 2d 775[FEC33](Fla. Dist. Ct. App. 1978). Therefore, the issue at hand is whether Mr. Baileys arm provides sufficient evidence to establish the element of entering.[FEC34] Therefore, the entering element is satisfied when any body part enters a dwelling[FEC35]. Polk, 825 So. 2d 478[FEC36], 479. In the Polk case, the Defendant used his arm to unlatch a window in order to commit burglary. Id. The Court held that intrusion of any body part is sufficient enough to satisfy the entry of a dwelling within the meaning of the burglary statute. Id. at 480. Consequently, the element of entering is met when a person enters with any part of their [FEC37]body. Spearman, 366 So. 2d 775. In Spearman, the Defendant went to the front door and upon the door opening, struck the resident in the face. Id. The Defendant was ultimately charged with burglary and assault. Id. With respect to the burglary charge, the Court held that[FEC38]although his whole body did not enter the home, he entered when his arm and hand reached into the doorway and struck the resident. Id. at 776. The entry of any body part provided sufficient evidence for a conviction of burglary. Id. [FEC39] In this [FEC40]case, and similar to Polk and Spearman, where a part of the accuseds body entered a garage or a home, here, Mr. Bailey used a part of his body, his arm, to take the sander from an open window. As the Court held that intrusion of any body part is sufficient to establish an entry, Mr. Bailey meets the element of entering because[FEC41]as he stood in the neighbors property he entered Mr. Bishops property when he put his arm through Mr. Bishops garage window. Therefore, the entry of his arm would provide sufficient evidence to meet the entering element. Polk, 825 So. 2d 478; Spearman, 366 So. 2d 775. Thus, when Mr. Baileys arm to reach into Mr. Bishops open garage window while standing on the neighbors property, he satisfied the entering element because a part of his body entered Mr. Bishops property. [FEC42] Mr. Bailey does not meet the dwelling element within the meaning of the burglary statute because he burglarized [FEC43]a detached garage on a property that does not have curtilage. Florida law defines a dwelling [FEC44]as a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. Fla. Stat. Ann. ÂÂ § 810.011(2) (LexisNexis 2016[FEC45]). The issue in Mr. Baileys case is whether[FEC46] the detached garage is considered a dwelling. A dwelling is established, when the property in which the dwelling resides has curtilage. [FEC47]Curtilage is a dwelling element that must be met. [FEC48]Florida law states that some form of an enclosure . . . must be present surrounding a residence to be considered part of the curtilage. . . . State v. Hamilton, 660 So. 2d 1038, 1045 (Fla. 1995). Additionally with regards to unattached structures, case law states that not having a form of barrier around extended residence of the curtilage, falls short of bringing unattached structures within the curtilage of the home. Martinez v. State, 700 So. 2d 142, 144 (Fla. Dist. Ct. App. 1997). Accordingly, when there is no form of enclosure[FEC49], a property does not have curtilage. Hamilton, 660 So. 2d 1038, 1045. In Hamilton, the Defendant attempted to burglarize outboard motors from a boat located on an unfenced backyard. Id. at 1039.The backyard was not enclosed by a fence, shrubs, or any form of a barrier. Id. Although there were a few spaced out trees around the property, the Court held that the property did not have curtilage and therefore[FEC50] the evidence did not support a conviction of burglary of a dwelling. Id. at 1046. Moreover, curtilage does not exist when the enclosure of a property does not surround all sides. Martinez, 700 So. 2d 142, 144. In Martinez, Defendant burglarized a sander from a detached garage, which had a driveway connecting the garage to the street. [FEC51]Id. at 143. The detached garage was located between the main house and the neighbors house. Id[FEC52]. Additionally, there was a fence bordering only two sides of the property[FEC53]. Id. The Court held that [FEC54]actual barriers are needed around the residence and unattached structures, to make it part of a curtilage of a home. Id. at 144. Therefore, the detached garage was not a dwelling because it was located on a property that did not have curtilage. Id. As such, the Defendant could not be convicted of burglary of a dwelling. Id. Specifically, a property has curtilage when an enclosure surrounds a property regardless [FEC55]of an opening for a driveway. Dubose v. State, 75 So. 3d 383, 385 (Fla. Dist. Ct. App. 2011). In Dubose, Defendants entered a property surround by a chain-linked fenced to commit burglary and fired bullets into the house. Id. at384, 385. The property was fenced in on all sides, with an opening for the driveway in the front. Id. at385. The Court held that an enclosure did not have to be completely closed to allow an opening for the driveway, and the open driveway did not prevent the property from having curtilage. Id. As such, the property satisfied the enclosure requirement for curtilage. [FEC56]Id. Furthermore, a property surrounded with enclosures has curtilage even with an opening at the driveway. Jacobs v. State, 41 So. 3d 1004, 1006 (Fla. App. 2010). Defendant burglarized [FEC57]aluminum siding from a vacant home surrounded by a fence. Id. at 1005. The property contained a fenced in yard on three sides, and a low-wall stoop at the front yard with an opening for the driveway. Id. at 1006. The Court held that the property had sufficient enclosure of some form to establish curtilage because all sides of the property were enclosed and an open driveway need not be part of the enclosure[FEC58]. Id. Now, [FEC59]in the instant case, a property does not have curtilage when there is no form of an enclosure surrounding the property. Mr. Bishops property has a chain-link fence in the backyard, a short hedge wall on one side, a short stone wall at the front of the property, and no barrier at all on the other side of the property.[FEC60]The Court in Hamilton, did not find the several unevenly spaced trees as sufficient enough evidence to support curtilage. Hamilton, 660 So. 2d 1038, 1047. Therefore, if having separated trees as an enclosure is not enough evidence for curtilage then, here, in the instant case not having a barrier at all is no evidence for curtilage. Similar to Hamilton, where the property lacked sufficient enclosure on part of the property, here, Mr. Bishops property lacks an enclosure on one side of the property, which lacks curtilage. Therefore, like in Hamilton, a court would find Mr. Bishops partly open property to lack curtilage. Analogously, a property lacks curtilage when it is not enclosed on all sides. Mr. Bishops property consists of a chain-link fence along the backyard, a line of three-foot hedges along the side of the property where the detached garage is located, and a short stone wall along the front yard with the driveway open. There is no boarder on the fourth side of Mr. Bishops property, that side is completely open. [FEC61]In Martinez, the Court held that not having a barrier surrounding the property, including the detached structures of a property, fall[s] short of bringing unattached structures within the curtilage of the home. Martinez, 700 So. 2d 142, 145. Almost similar to [FEC62]Martinez, where the property was enclosed on only two sides, here, Mr. Bishops property was enclosed on only three sides. Consequently, the lack of a boarder surrounding that fourth side of Mr. Bishops property, would deem the entire property, including the detached garage, as not having curtilage. Therefore, in t he instant case, the detached garage would not be considered a dwelling because its property is not enclosed on one side, which lacks curtilage. Nevertheless, a property has curtilage even when there is an opening for the driveway. In the instant case, among other types of enclosures around Mr. Bishops property, there is a short-stone wall at the front of the property with an opening for the driveway. In Dubose, the Court held that an enclosure need not be continuous . . . and that an unenclosed opening for ingress and egress does not preclude a determination that the yard is included in the curtilage of a house. Dubose, 75 So. 3d 385. Although, Dubose and Mr. Bishops properties are similar in that both have a low-walled stoop [FEC63]at the front of the property with an opening for the driveway, there is a difference as to the remaining sides of the properties to the cases respectively. In contrast to Dubose, where the remaining sides of the property were enclosed by a chain-link fence, here, in the instant case one of the remaining sides of Mr. Bishops property lacks some form of enclosure. [FEC64]Therefore, the unenclosed s ide of Mr. Bishops property, would lack evidence to satisfy curtilage to a dwelling. As such, the property where the detached garage is located would not have curtilage, and therefore the garage would not be considered a dwelling. Additionally, curtilage exist when an enclosed property has an open driveway. In the [FEC65]instant case, Mr. Bishops front yard has a short, stone wall with no gate in the driveway. In Jacobs, the Court held that the yard was delineated by some form of enclosure, and this enclosure included the opened driveway. Jacobs, 41 So 3d 1006. Although similar to Jacobs, where the property contained a low-walled stoop' with an open driveway, [FEC66]here, in the instant case Mr. Bishop also has a low stone wall with open driveway, however the main difference is the remaining sides of the properties. Id. In contrast, the property in Jacobs was fenced in on the remaining three sides, while in the instant case, Mr. Bishops property had enclosures on only two of the three remaining sides. Therefore, although Mr. Bishops front yard with the open driveway would still establish curtilage (on a fully enclosed property), having one side of the property without some form of enclosure does not provide cu rtilage. As such, Mr. Bishops property does not have curtilage. Since, Mr. Bailey burglarized [FEC67]a detached garage on a property that was not enclosed on all sides, it does not have curtilage, and therefore does not meet the dwelling element. CONCLUSION To be convicted of burglary of a dwelling, intent, entry, and dwelling are elements that must be met. Mr. Bailey satisfies the intent element because he had the intention of stealing the sander by hiding and reaching over the hedges. Mr. Bailey also satisfies the entry element because while standing at the neighbors property, his arm went into Mr. Bishops property through the open garage window. [FEC68]Mr. Bailey does not satisfy the dwelling element because the detached garage was located on a property that was not enclosed on all sides, which lacks curtilage. All elements of burglary of a dwelling must be met in order to be convicted. Although, Mr. Bailey meets the entry and intent elements, he does not meet the dwelling element [FEC69]due to the lack of curtilage on the property, and therefore would not be convicted of burglary of a dwelling. Grade grid below Section Possible Points Points Earned Comments Style/Format 4 3 Dont end page with headers Citations 5 2.5 Major problem with short cites. Also had improper jurisdictional references. Quotations 2 2 Writing 14 9 At times, writing clear and other times awkward and wordy. Be careful with word selection. Commas are a problem. ISSUES PRESENTED 4 2 Not precise enough as indicated. Rule is really rule of burglary: burglary occurs when a defendant enters a dwelling with intent to commit a crime. Then go to facts on entry. Same rule then goes in sub issue B. BRIEF ANSWERS 4 2 Incorrect legal standard and inadequate explanation of answer STATEMENT OF FACTS 5 2.5 In addition to comments, curtilage requires review of fencing or walls, so need those facts. Should also have fact that Bishop identified sander in truck. DISCUSSION SECTION Main C and Rule 7 5.5 See comments. A. Entry Total 15 12 Organization/CREAC Structure 2 2 Rule 3 2.5 Issue needs to be clearer (when his body not on bishops property) E

gatcolor Great Gatsby Essays: Importance of Color :: Great Gatsby Essays

Importance of Color in The Great Gatsby Fitzgerald   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In literature, colors are often purposefully chosen for different characters to represent the character’s personalities. In The Great Gatsby, by F. Scott Fitzgerald, the colors green, yellow/gold, and gray are used to represent the attributes of the colored person or place.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Apparently, green is the most prominently used color in the novel. The reason for this may be that green is the color used to describe the main character of the novel, Jay Gatsby. One of the possible meanings of green in this story is envy. Gatsby can be seen as an envious man for a few reasons. For one, he is extremely envious of Tom Buchanan because of the fact that he has the one thing he can’t buy, Daisy. Also, Gatsby is extremely envious of the people that he invites to his house. He knows that he is not old money like the people he invites to his parties. This makes him a man of who, is â€Å"Green with envy.†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In like manner, green is also used to symbolize money. In the story, money controls the life of the people in the story. Gatsby feels that he needs green money to live and to impress Daisy. Symbols of Gatsby’s money included his large green lawn and the green ivy growing up his house. Also, in his car, it depicts the passengers sitting â€Å"in a sort of green leather conservatory.† All of these symbols depict Gatsby’s money.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In contrast to green, yellow and gold are used to be an example of old money, unlike green that is used to depict the new money of gold. Tom could be seen as a gold person for he has old money. As green and gold contrast, so do Gatsby and Tom. A quotation of new money gold is â€Å"†¦ Jordan’s slender golden arm resting on mine†¦Ã¢â‚¬  Gatsby desperately buys â€Å"†¦.. a yellow car,† in which he will attempt to be of old money, even though everyone knows that Gatsby is not of old money. Gold and green are as much a contrast of new and old, but they do have a distant connection just as a new and an old car have the same connection. They may look different, but deep down, the two can be seen as the same item.   Fitzgerald describes the Valley of Ashes as

Marilyn Monroe Essay

I have way too many influential people in my life. One too many. However there is one person I’ve looked up to for the past couple of years that really stood out from all the rest and although she doesn’t live today, I’m sure many young girls such as I look up to her and see her as an inspirational icon. Her birth name is Norma Jeane Mortenson but she’s greatly known today by her stage name, â€Å"Marilyn Monroe†. She was an actress, singer, model, showgirl, and soon also became a major sex symbol.   I look up to Marilyn, not only because of how good-looking she was, but because Marilyn Monroe was an incredible person that had gone through soooo many rough patches all throughout her life. She was very up front and bold and didn’t give a damn about what anyone thought about her and what she did, she was very smart. Not just book-smart, but street-smart too. Marilyn Monroe was an amazing person and I can go on and on about her and how wonderful she was. And still is to this day. Read more:  Person to admire essay Marilyn Monroe, as I said, had many rough patches all throughout her life. In a way, she relates to me. Very rebellious and like I said earlier, didn’t care what anyone else around her thought about her, just as long as she had her fun. She was a singer, which is one thing I most definitely love about her. Also, the fact that Marilyn has many of these quotes†¦ if you read all of the quotes from Marilyn Monroe, you’d definitely fall in love with them, just like I have. She came out to be deep and wise with the words she had left behind for the entire world to know. She seems to me†¦ as a realist and also a feminist, which I DEFINITELY LOVE to death, because I’m both a realist and also a feminist. The way she was growing up†¦ it seemed to me that everyone, well most, had tried bringing her down and holding her back most of her life. Telling her in a way that she couldn’t become whatever she wanted to become. That she wouldn’t be able to peruse any of her dreams. That she really wouldn’t go anywhere in her life. Despite all of the let downs and all the people who had tried to bring her down, Marilyn Monroe was still a strong person, who, despite what anyone said, proved them all wrong. I respect and look up to Marilyn Monroe for her confidence, her beauty, her  talent, and also for her perspective on many things in life. Although she had died at such a young age, Marilyn truly did bring out the meaning of â€Å"living life to the fullest†. She made the best out of her life. Had fun, day and night. She had persued her dreams and I look up to her for it because she just basically shows that you can do anything only if you set your mind to it and you let no one get in your way. It’s one of the reasons why I admire Marilyn Monroe so much.

the Canterbury tales.comparing and contrasting the tradesman and the cook to the kinght. examples and quotes from the story included.

the Canterbury tales.comparing and contrasting the tradesman and the cook to the kinght. examples and quotes from the story included. The tradesmen and the cook are not really comparable to the knight. They have different contrasting personalities, views and priorities.The tradesmen also known as the guildsmen appear as a unit or a group in the prologue. They are craftsmen or an organization of workers with comparable occupations joined together to enhance the bargaining power for their unions. ‚“All in the livery of one impressive guild-fraternity‚” (371-372). The word livery suggests that the tradesmen are wearing matching clothing that represents what they stand for and believe in. Their identical apparel or livery also shows that they may be protestors that will fight for their establishment and they have the power to decide who may be a member of the union and who may not. Guilds, like some modern labor unions today, were highly restrictive in their membership and included only skilled craftsmen who practiced a particular trade. Their matching livery also represents competition and sacrifice.Na tional Committee of the Chinese Educational, Sci...It represents competition because labor unions are competing for employers by negotiating. And it represents sacrifice because the employer is not authorized to seek out the services of another labor union or hire another competing labor union even when he is not satisfied with the performance of the current labor union. ‚“Their wisdom would have justified a plan to make each one of them alderman‚” (381-382). This line is implying that the labor union members are very knowledgeable and their main priority was to establish and protect their members' livelihoods and to always get the best from their employers. The cook represents the strength and also the weakness of the tradesmen. The description of the cook shows the guild‚s devotion to material wealth, and the narrator praises the guildsmen only in terms of their possession by describing their knives and the...

Last Call essays

Last Call essays The title of the animation is Last Call by Jaime Castaneda. The story is set in a bar after its closed for the night. It begins with a cashier machine displaying the name of the animation Last call. There is a fan on the wall in the left up corner, next to the bar thats right, and the lights turn off by someone (footsteps can be heard), and the door closes (you hear the sound of the door). The whole scene takes 25 seconds until a fade in from black to the bar takes place. The next scene shows a tequila shot glass from an angle of camera 45. The tequila shot (represents a Mexican man) is wondering around the bar saying Its so dark in here, there is a small pause and then he continues saying, wheres everybody. The he looks up and sees his buddies the other tequila shots above the counter and says Oh nooo..., at that moment you can see how afraid is the shot by the tone of his voice. Then a female champagne glass approaches sexually the shot glass, and he says seniorita.. and she talks to it in French vous parlez francaise. The shot glass doesnt understand a thing and gets scare. Then the shot sees a straw and asks him Senior Straw take me out of here. The straw bends and the tequila shot runs towards the straw and jumps will the help of the straw to the cashier machine and rolls towards the other side of the bar table. The shot glass thinks its saved but he faces beer glasses. They come towards him and he walks backwards towards the edge of the bar. As he is shaking at the edge of the bar the straw comes and bends once again and throws him at the cashier machine. Then he jumps up and finds his other buddies and they start cheering. The end closes with a tequila shot coming towards the camera having written on him FIN and bends. The camera moves downwards towards the cashier machine,...

The Need for Market Research in Contemporary Business Environment Essay

The Need for Market Research in Contemporary Business Environment - Essay Example Today the customers demand the best worth out of each penny that they spend and this is because of the growing globalization and the increasing competition. Today customers have as many alternatives for a single product as they never have had in the past. This phenomenon has empowered the customers to a great extent and has given rise to the need for research. Companies spend major chunks of their budgets on research today. Research does not only reveal facts about customer psyche but also guide the researchers and the sponsors to the gaps and unidentified niches in the market, thus opening new horizons of opportunities and profitability to be taken advantage of (Stearns, 2006). Research outcomes serve as guidelines to the researchers in order to lay down a road map for future decision making of the business/organization. In today’s’ world businesses cannot afford to base their decisions on gut feeling and guesses. It’s time to be precise and accurate. The cause and effect relationship needs to be studied while making even the smallest of decisions. Research provides the decision makers to base their decision making on solid basis and rational grounds. The outcomes of researches help businesses build strategies and also monitor the anticipated performance by comparing it with the actual and studying the lapses incurred and the probable corrective measures that can be adopted before it’s too late (Sekaran, 2010). Dependable and solid outcomes do not come voluntarily in fact research is a whole world of technical analysis and execution and thus it is required to be conducted in great depth with a predetermined plan and objective in mind. Research is a delicate and sensitive art, because the outcomes of research are used for future... This essay discusses that with the advancement of technology and emergence of the concept of consumerism to the surface, customers have become ever more dominant and powerful in the marketplace. Nowadays all the companies shed off myopic ideas and try to incorporate consumer’s will in the decision making process. This is particularly important because customer satisfaction is the ultimate objective that leads to profitability and endurance in organizations. To attain stability, organizations spend millions of dollars today on their Research and Development departments to get the best and most accurate knowledge regarding consumer behaviour and expectations. This knowledge and information is utilized by organizations in improving their processes to meet the demands and requirements of the customers and thus deliver a â€Å"wow experience† every time the customer interacts with the offering. In other words, this shall not be exaggeration to state that, research is one of the key pillars to success of an organization, in the contemporary market dimensions. Any idea or tactic backed up by research findinngs is more durable and dependable then something that is implemented out of the blue. Research does not only assist organizations in deciding which route to success shall be adopted, in fact contingency measures and sporadic adjustments to deviations and evaluation of the implementation are some of the broad areas that are addressed at length by researches

Royal Opera House analysis Term Paper Example | Topics and Well Written Essays - 750 words

Royal Opera House analysis - Term Paper Example d analysis of the entire organization, products, uniqueness, strengths and weaknesses of it as a business model, and other imperative sectors which will enable others to understand how this organization functions and targets its demographic in order to serve the public by meeting cultural desires of the people for entertainment and also to provide jobs for those who are employed by the ballet and opera house as performers. The organization itself is a series of different theaters, both inside and outside that are home to the ballet, opera, and orchestra and also show many other performances. Not only is there an entertainment sector, but there is also an educational sector that serves as a program for young and promising dancers and musicians to further their knowledge in hopes to try their own personal talent. The students are coached as if at a school and become more formally educated than they would at a public or private school in London. The Royal Opera House is one of the top theaters in the world. While there are numerous other theaters in the area, many are much smaller than the Royal Opera House. This organization is supported by patrons, donors, and even grants. However, additional income is earned through the bars and restaurants that are included within the Royal Opera House. Another portion that serves as a fundraising opportunity for the organization is the gift shop which offers products both for sale onsite and also on the Internet. Music and the arts as a source of entertainment is very popular in this area. Located in the City of London, it is a place where not only locals but visitors can attend performances all year long. Many of the productions are targeted toward elitists. However, many of the programs produced at the Royal Opera House are starting to focus more on the youth. One recommendation is that the Royal Opera House continue to market toward the youth both as performers and as audience members. This is an excellent