Not Possible For Person To Consent Bodily Harm - Free Essay Example

Critically examine the statement above with reference to cases and articles that support your arguments. Theoretically consent is available to murder and all non-fatal offences against the person. However in actuality, consent could not be used for anything more than assault and battery. Essential questions of morality and ethics are raised by the degree to which the state be supposed to employ criminal sanctions to restrict a sane adult in his/her consent to the infliction of harm on his/her person. On the basis of public policy, English Law confines the legitimacy of consent by reference to the level of harm and the circumstances in which it is inflicted.  [1]  It is in respect of the deliberate infliction of physical harm that the law has encountered difficulties in determining where the line should be drawn to mark the limits of personal autonomy. The matter is complicated further by questions as to what constitutes informed consent, and whether the law does and s hould distinguish between consent to inevitable physical harm and consent to the risk of harm.  [2]  The law strives to achieve a balance between personal autonomy; i.e. the right of individuals to control what happens to them, and prevention of harm (to individuals and to society).  [3]  Factual consent to actual bodily harm or more serious levels of harm; i.e. wounding, serious harm, death, is not lawfully accepted unless the activity concerned is one which the courts or Parliament have recognised to be in the public interest.  [4]  The Law Commission propose raising the level of harm to which a person is entitled to consent in general circumstances to harm falling below a new concept of serious disabling injury. The Court of Appeal stated in the case of Attorney-Generals Reference (No. 6 of 1980)  [5]  , that It is not in the public interest that people should try to cause or should cause each other actual bodily harm for no good reason. Minor struggles are ano ther matter. Soit is immaterial whether the act occurs in private or in public; it is an assault if actual bodily harm is intended and/or caused. This means that most fights will be unlawful regardless of consent. The question raised is not just whether the victim consented but also whether there was nothing contrary to the public interest in what the defendant did. The expression no good reason can be said to be vague and unhelpful. Reasonable people may differ in their opinion as to whether one type of behaviour, for example tattooing, can be seen as good or not. In the case of R v Brown  [6]  , It can be assumed that the majority apparently started from the proposition that all harm was criminal unless there was a good reason, whereas the minority preceded from the basis that harm to which the victim consented was lawful unless there was a good reason from punishing the accused.  [7] Even though the language utilized in the cases mentioned above cases mirrors this restri ctive approach, the general pattern of immunity reflects a more libertarian emphasis. Harmful activities as difficult to justify as tattooing, circumcision, boxing and dangerous horseplay are all considered lawful, while it would be an unusual claim to persist that such activities were needed in the public interest. It is probably more accurate to say that positive public policy reasons in favour of the activity are necessary only in the case of intentional harms.  [8] The law does not prohibit all force on the person, but only the unlawful use of force. For example parents may punish their children moderately. The law is bases on reasonableness, yet it may well not reflect public opinion. In the Case of R v Donovan  [9]  , Swift J stated that with some exceptions: It is an unlawful act to beat another person with such a degree of force that the infliction of bodily harm is a probable consequence and when such an act is proved, consent is immaterial. In this case the defend ants canning of the victim with her consent for their mutual sexual enjoyment rendered him liable under section 47 of the Offences Against the Person Act 1861.  [10] The basic rule stated by Lord Lane CJ in Attorney-Generals Reference (No. 6 of 1980)  [11]  , where the victim suffered actual bodily harm in the form of a bloody nose: the accused is guilty of a crime even though the victim has consented if actual bodily harm is intended and/or caused. This principle was approved by the House of Lords in the Landmark case of R v Brown  [12]  . It should be noted that Lord Lane CJs proposition covered a situation where the accused does not intend and is not reckless as to occasioning actual bodily harm. It is sufficient that such harm occurs. The use of and/or is a strange one. It correct, it means that an accused will not be able to rely on the victims consent if he intends actual bodily harm but such injury does not happen. Therefore, it can be stated that in principle, c onsent is a defence to assault and battery, as indeed the House of Lords held in R v Brown  [13]  and, therefore, if no actual bodily harm is occasioned, the accused should not be guilty of assault occasioning actual bodily harm. Intending an offence is not the same as committing an offence.  [14] If the accused lacked the mens rea for the offence, he is not guilty even though the victim has consented in fact to behaviour she could not in law consent to. This can be seen through the case of R v Slingsby  [15]  , where the accused was not guilty of constructive manslaughter because he gave no thought to any risk of injury when he penetrated the victims anus and vagina with his and his ring cut her. He had no mens rea for the offence of wounding on which the charge was based. Therefore, he was not guilty of manslaughter. In this case the issue of consent was irrelevant.  [16]  Therefore, a fair assumption would be that if there was not mens rea present then consent wo uld be irrelevant as a defence. In the case of Attorney-Generals Reference (No. 6 of 1980)  [17]  , Lord Lane CJ proposed that the exceptional categories where bodily harm could be consented to were all categories where the activity concerned was of social benefit and consequently advantageous to the public interest.  [18] Harmful activities as difficult to justify as tattooing, circumcision, boxing and dangerous horseplay are all deemed lawful although it would be an unusual claim to insist that such activities were needed in the public interest. It is probably more accurate to say that positive public policy reasons in favour or the activity are necessary only in the case of intentional harms. The law commission proposed that if a seriously disabling injury resulted, consent should be invalid on the ground that the victim had not truly consented to it because such harm is contrary to his interests. A major criticism of this proposal is that the level of harm to whic h the victim can consent is high. A seriously disabling injury is not minor harm. No account is to be taken of whether the injury was remediable by surgery or not. Consent to lesser injuries would be allowed provided that it was valid and was consent to the type of injury caused.  [19] The Mode Penal Code view is that consent of the victim negates the crime if the consent precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.(M.P.C 2.11(1)). More particularly, the Code provides that where a crime involves threatened or actual bodily harm, consent is a defence it the bodily harm is not serious or part of a lawful athletic contest or competitive sport.  [20] In Brown, sadomasochists who had engaged in consensual beatings and genital torture which had not resulted in any participant receiving medical attention were convicted of offences of assault occasioning actual bodily harm. The House of Lords, by a majority of 3 to 2 upheld the convictions. By doing so the House of Lords recognised certain categories of activity in which the law would recognise effective factual consent to injury as valid in law.  [21]  These include surgery, sports, horseplay, body modification, religious flagellation and the risk of sexually transmitted diseases. The case of Brown was considered by the European Court of Human Rights in Laskey v United Kingdom,  [22]  with the Court unanimously holding that the prosecution, conviction and sentence did not contravene Article 8 of the Convention. The Court doubted whether the activities even fell within the protection of Article 8. On the assumption that they did, the Court concluded that the prosecution was necessary and proportionate to the legitimate aim of the protection of health and possibly also the protection of morals. The Court recognised that the margin of appreciation provided national courts the scope to prescribe the level of physical harm to which the law shoul d permit an adult to consent.  [23]

The Most Overlooked Fact Regarding Writing an Essay as a Diary Uncovered

The Most Overlooked Fact Regarding Writing an Essay as a Diary Uncovered Get the Scoop on Writing an Essay as a Diary Before You're Too Late Keeping a journal is a decent technique to record your development and individual improvement. Journal composing is believed to be an amazingly close to home sort of composing. Keeping a journal lets you consider your life and upgrade your composing abilities. Beginning a journal expects you to write in it every now and again, yet it's your duty to decide how much of the time you might want to write in it. Register to cause certain understudies to see how to make a journal section. In like manner, Diary Writing from the scholarly perspective likewise require some basic components to discover astounding evaluations. You're ready to buy an exceptionally structured journal, a couple of which even show up with little locks on them. In any case, you should choose you have to start a journal. In opposition to different sorts of composing, a journal is typically not planned to be perused by any other person. Essentially composing a journal is something that is only for yourself. Or then again you may utilize your PC, choosing to spare what you compose on the hard plate or even the web. In case you're dealing with a task for a specific class, it's a fabulous idea to bring the brief or rubric gave by your educator. Writing in a protected space can assist you with preparing past encounters. Schoolwork isn't only one of without a doubt the most supportive systems to fortify adapting yet additionally a wellspring of stresses for every understudy. You may effortlessly rely upon us to discover paper help as we tend to help and guide the understudies with the guide of our expert specialists. Likewise, you fig ure out how to adjust a guide. As an understudy there are varying subjects that you may need to create an exposition. In the IELTS composing test, you can't compose your article like you're addressing somebody. Regardless of whether you see how to form the intelligent paper, you probably won't can get a pertinent and captivating subject. Profession Center advisors are promptly accessible to. Accordingly, on the off chance that you create incredible exposition, it makes certain to assist you with raising your last grade. You will likewise need to make a wonderful paper to improve your likelihood of affirmations. A scholastic article ought to get a contention. There are extensively four sorts of papers. Attempt to have various unmistakable sections, and in this manner you don't get exhausted. Finding someone else to peruse your draft is a superb thought as well. Normally, at whatever point you're done it's indispensable to set them in the configuration basic for the task. Whenever given in an assessment, make your journal section experiential for example compose as if you have truly been a piece of the circumstance set in the inquiry and that which you're writing you would say, your own point of view and your own emotions. At the point when it has to do with settling on decisions, Junior seems to search for help. To get any guidance for the activity, you may consistently take the guide of the best school articles. Without knowing your kind, it will be hard to experience perusers and about not doable to get a distributer. Maybe your entrance is basically visual cues of thought you've had that day. The way to composing great isn't just having an amazingly decent point, yet additionally understanding the custom of composing. For example, you could take a gander at a picture from a magazine, and utilize this to start your creative mind. Our composing organization gives you custom confidence papers created to fulfill your guidelines. Papers give you the possiblity to exhibit your perception of the subject alongside the assessment of extraordinary individuals on the issue. On the off chance that you have great cognizance of net, at that point it's extremely easy to look through a trustworthy specialist organization and get elegantly composed article. On occasion you can even start with a definition. Motivated by, a brief depiction about the region of conversation will promise it's increasingly enlightening and short. Expositions give you the possiblity to show your perception of the point and the perspective on exceptional individuals on the issue. To show, composing an article is a confounded and tedious procedure which requires most extreme focus. An article, or a paper, has a colossal arrangement of decides that you have to follow on the off chance that they'd love to get an inconceivable evaluation.

How to Write an Essay Sample With Creative Writing Tips

<h1>How to Write an Essay Sample With Creative Writing Tips</h1><p>To compose a finish of conclusion article tests is no straightforward errand. It must be made all alone and you should utilize innovative methodologies that will make you stand apart from the group. The main way you can do this is to utilize various methodologies in the request for your preference.</p><p></p><p>When you compose an article tests, you need to know all the focal points that you will pick up by following your own manner of thinking. The beneficial thing about composing a finish of feeling paper tests is that it offers you the chance to communicate your perspectives in an increasingly great way. You can likewise make a stride towards making it all the more intriguing and all the more captivating for the perusers. These are only a portion of the manners in which you can use.</p><p></p><p>The most ideal approach to begin composing the finish o f conclusion paper tests is to begin with what you need to state before all else. You have to know the reason and the plan. This would help you in thinking of the best of thoughts just as a constructive methodology in which you will need to introduce the essay.</p><p></p><p>A good thought could be that you could give subtleties of an adverse encounter you have had with the individual you are expounding on. The better this can be composed the better will be the ends that you can give.</p><p></p><p>For model, on the off chance that you need to introduce a finish of conclusion paper tests with an extraordinary answer for a specific issue, at that point you can make reference to all the issues you have looked previously or issues that you could go over at that point. You can likewise introduce a specific tale. You could likewise forget about the primary concerns that should be examined and focus more on the accounts and incidents.</p> ;<p></p><p>Another thought when composing the finish of assessment paper tests could be to utilize humor. Funniness can help you in making the paper increasingly pleasant to peruse and furthermore give greater amusement to the reader.</p><p></p><p>So on the off chance that you are searching for the most ideal approach to communicate, the best arrangement is to give the final products. That is the point at which you can likewise consolidate into your composing a touch of funniness or various noteworthy story.</p>

Can I Use Apple Pro to Write College Papers Secrets

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Essay Writing Services: Finding a Good One

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Interracial Relationships in American Society Essay

Interracial Relationships in American Society Interracial Relationships in America should not surprise anyone in today s society, but are they considered ethically Wright. In Websters dictionary the meaning for ethics is Having to do with a group of people who have the same language and culture and share a way of life (Macmillan 1) . Prejudice and Discrimination are an all to common part of our cognitive social being, but many social psychologists believe that it can be stopped, but only with the help of social conditioning. Racially prejudiced persons take significantly longer than other persons who are not racially prejudiced to decide whether strangers whose racial identity is ambiguous belong to†¦show more content†¦W .E.B Dubois being of interracial descent felt that races should not mix. He states We have not asked assimilation, we have resisted. It has been forced on us by brute strength, ignorance, poverty, degradation and miscegenation. It is the white race roaming the world that has left its trail of bastards and outraged women and then raised holy hands and deplored race mixture Not only did African Americans opposed interracial relationships but in the twenty first century the white culture felt that if interracial relationships increased the white people would become minorities due to the mixtures of race, which was called browning of America. On the other hand, interracial relationships content that interracial romance is a step toward eliminating racial hatred. Yvette Walker believes that in interracial relationships the children are raised in a climate of tolerance. They will no longer matter, where color should not matter when it comes to love. In the famous words of Martin Luther King Jr. people should not be judged not by the color of their skin but by the content of their character (Bryan J Grapes 3). 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How to Choose the Best Psychology Hypothesis Essay Samples

How to Choose the Best Psychology Hypothesis Essay SamplesPsychology hypothesis essay samples are a great way to start thinking about what you might write if you're not sure what your topic will be. You will need to spend some time looking at different samples and deciding which ones might be best for you. Many people find that they like to read about the history of psychology, but don't have any idea how to go about writing the topic paper themselves. If this is you, these sample essays are a great way to get started.The first thing you will need to decide is what you plan to write about. Perhaps it will be a general overview or a more detailed one, or perhaps a combination of both. You will also need to think about how much time you can spend researching these topics, so if you have an entire day, you'll need to decide if you can do it or not.Once you have your topic in mind, the next step is to look at the sample essay. If it's just going to be about general ideas, you'll want to go through the samples and decide which ones sound best to you. On the other hand, if you are looking for something specific, you'll want to look at the examples in a slightly different way. Look for the topics that have worked for the people who wrote the sample essay, and try to incorporate those into your own.Once you have looked at the sample and chosen topics you think would be good for you, you should start reading. Make sure you are willing to dedicate the time it takes to research your topic, since this is a topic that takes time to get right.It's also a good idea to look for samples that are filled with examples. You can't go through each sentence, looking for connections. Sometimes it's easier to use examples to get ideas that you can develop into your own topic.There are some other tips that can help you decide which of the psychology essay samples are best for you. You will want to look for one that offers samples that are easy to use and that include information on the correct grammar. Many people find it easier to read on a screen than to read a text on paper. By including a number of sample essays, you can use these samples to expand on your topic.You might also be able to find samples that include some mental exercises you can do at home. These can be used to test yourself to see how well you have prepared for your essay. You will need to do your research into different essay samples to find the one that is best for you, and you will need to stick with your topic.To summarize, you need to look at the essay samples of the different topics in psychology. There are many different topics that you can choose from, so you will need to go through each one and look for one that appeals to you. Once you have found your topic, you should spend some time doing your research and coming up with an interesting topic.

Answer Why Did I Choose This College Essay Samples

<h1>Answer Why Did I Choose This College Essay Samples</h1><p>You need to know the fundamentals before you start with the goal that you can have a more clear thought of how to answer for what reason did I pick this school exposition tests. Regardless of whether you're composing it yourself or an instructor, there are some fundamental tips that can truly help.</p><p></p><p>First, it's imperative to realize that your principle objective is to compose a powerful contention why you decided to go to that school. It's essential to separate yourself from the entirety of different candidates and make your own remain as the best candidate for that school. Ensure you put your character and encounters up front when composing the essay.</p><p></p><p>Second, answer the inquiry, 'For what reason did I pick this school.' Keep as a main priority that this inquiry will most likely be posed to ordinarily during the meeting procedure. Th is inquiry isn't in every case simple to answer since it's progressively about what you want to achieve as opposed to what you actually feel is best for you. The key is to offer a brief and persuading response to this inquiry that has pertinence to your objectives for this college.</p><p></p><p>Third, you need to incorporate your thinking behind what you decided to go to the school in the main section of your school paper tests. This is as a rule at the earliest reference point. There are numerous school expositions tests on the Internet that will address this inquiry. Some of the time it assists with including some close to home data that will lead into your argument.</p><p></p><p>Fourth, you ought to incorporate what you want to accomplish in the school exposition tests. Your thinking for picking the school is so significant on the grounds that it will be utilized in the last report. Ensure you determine what you want to pick up from going to that school. Be explicit about what you would like to learn, understudy with teachers, meet future mates, or even get a job.</p><p></p><p>Fifth, you ought to incorporate any premiums you may have that identify with your purposes behind picking the school. For instance, in the event that you're reading for your Bachelor's certificate, at that point notice any leisure activities or interests that you may have. You would prefer not to show how you settled on an awful decision on the off chance that you really went to an extraordinary school. It would simply be a misuse of time.</p><p></p><p>Finally, while noting for what reason did I pick this school article tests, you ought to consistently be explicit. You would prefer not to give an excessive amount of data or inform an excess of concerning yourself on the off chance that you need to be powerful. Demonstrating the peruser that you're balanced and not narrow minded will assist them with having confidence in your last paper. So ensure you compose a convincing article that bodes well and gets your point across.</p>

Top Bill Gates Millenium Essay Samples Winners Choices

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What is in Toulmin Essay Samples?

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Whiplash Film Analysis - 1517 Words

Damien Chazelle’s critically acclaimed American drama film Whiplash (2014), presents a thought-provoking and confronting depiction of volatile and manipulative relationships, in which Andrew Niemen, a young ambitious jazz drummer is pushed to the brink of his ability and sanity by his ruthless teacher, Terence Fletcher. Nieman’s passion to achieve perfection quickly spirals into an obsession. Whiplash proving highly popular with audiences utilizes cinematography to explore the central themes, the battle between being a good person and being remembered and the effects of a volatile and manipulative student-teacher relationship. Whiplash utilizes conventions and ideas from the drama genre to communicate these central themes and film†¦show more content†¦However, now Neiman’s gradual spiral into an obsession for greatness has driven him to breaking point. The car crash scene is the turning point in Nieman’s character. His pursuit of perfection and gr eatness has blinded him. At this point Neiman has lost his old self completely, his dialogue is arrogant and hostile, he no longer cares for his band members or anything apart from greatness. His gradual change of behaviour is evident through his dialogue 1:03:28 when Nieman is on the telephone to one of his band members, he starts cursing and using profane language, similarly to Fletcher. Drumming has become his life, he is no longer concentrated on being a good person instead he is focused on being remembered, as demonstrated after the car accident, Nieman is determined to succeed and please Fletcher, thus continuing to play. As he plays every excruciating beat, his blood drips onto the drum set; representing the pain that he is willing to go to achieve success. Neiman’s madness is stopped by Fletcher’s two words: â€Å"You’re done†. Along with lighting and dialogue, the volatile and manipulative relationship between Fletcher and Nieman is explored thro ugh Chazelles use of cinematography. Music, editing, and camera angles are used by Chazelle to explore the effects of a volatile and manipulative student-teacher relationship. The cinematography and music used throughout the scene intensify the volatile relationshipShow MoreRelatedWhiplash Film Analysis1222 Words   |  5 PagesDamien Chazelle’s 2014 cinematic thriller Whiplash, Chazelle portrays the everyday struggle of a promising jazz drummer. Nominated for Best Motion Picture, Best Supporting Actor, and many other accolades, audiences everywhere rave of this film. Andrew Neiman, the young drummer and a very motivated individual, finds himself easy to cheer for in his journey to success. Though the movie dazzles audiences with its entrancing plot, critics applaud the feature film for its commentary on an increasingly competitiveRead MoreAnalysis Of Andrew Neimans Film, Whiplash And Through The Uses Of Tools1492 Words   |  6 Pageshis character in a film or play. To the audience, not all tools present the mselves clearly in a blatant manner, but if the audience member were to pay closer attention to the actor playing the character, he or she could note the tools utilized. An actor, through his experience, develops his mastery of various tools of the craft of Acting and ultimately employs the tools to portray his character in the best possible method. Miles Teller portrays Andrew Neiman in the movie Whiplash and through the useRead MoreAnalysis Of The Movie The Raiders Of The Lost Ark 1605 Words   |  7 PagesIndiana Jones a character and heroic traits. The instruments used for the song were, strings, winds and percussions. His theme for Indiana Jones was divided into three different sections that gave suspense and heroic feeling to the scenes. To begin analysis, the theme is separated into a three-parts, ABA form, sections A and B were used to relate the main melody to the song. A and B sound different from the main melody but are associated with the main theme. A little background of how Williams main

Context is all Essay Example For Students

Context is all Essay Simply, there will be always different opinions of people about everything and depending on the time and the place you are it will be the kind of truth you are going to obtain. Lets get an example of religion vs. physics. If we get as an example the creation of man, religion and the science of physics will say a completely different statement. From religion we will obtain that got create man, starting with a man and a woman and starting from that point, humanity get created; and from a scientific view, man was evolving from the most primitive creature until it got what we are. The context is the same, but the focus of the idea is based on two different aspects and this is where the statement that there is no such thing as truth takes place because it depends on the plane you are and it will be the different kind of truth you will perceive and support and at the end you wont know exactly what is true if you didnt were in the right spot at the right time; and even though you will be able to be there, if someone else had been there too but in a different spot both of you will perceive different things from each other and get a different kind of thing, a different truth. This happens if somebody born in a specific environment, this person will have different opinions and different views of things and would not be able to understand ideas from people of other environments that share different opinions. When thinking about non-linguistic cases of dealing with context, such an extreme as a civil war would be a good example. Environment of immense chaos is created and its very hard to judge on almost anything. Its problematic to conclude who is right and who is wrong, to apply any norms of modern society. It is almost useless to think about any moral canons and draw parallels with normal conditions in this case. Also, if somebody grew up in such an environment, he would have far different views on many things and wouldnt be able to understand many people who grew up in different conditions. If we now think about such an area as arts, there are some similar troubles there as well. If one wants to interpret a painting, or a musical composition, to find out what the artist meant by his creation, many things have to be taken into account: such as the time when he lived, his country of birth and residence, and whatnot. For example if we think what the Spanish architect Antonio Gaudi would design, we would be mistaken trying to deduce that his style was similar to ones of other architects of the same epoch and origin. He spent a lot of time alone, and therefore developed an extremely original style of his own. If one was to attempt to comment on any of Gaudi s creations, he would be in trouble without a proper research in advance. This implies to many cases in analytical criticism no stereotypes should be made to achieve a reasonable result, and as much background information as possible about the artist should be taken into account to compile an objective result. You can firmly say that there is no such thing as a completely true thing in the whole world. http://www. coursework. info/International_Baccalaureate/Theory_of_Knowledge/ http://en. wikipedia. org/wiki/Truth http://en. wikipedia. org/wiki/Context http://www. wacc. org. uk/wacc/publications/media_development/archive/1997_3/truth_in_context_or_what_does_truth_mean http://redescolar. ilce. edu. mx/redescolar/act_permanentes/historia/histdeltiempo/mundo/prehis/t_evolu. htm http://www. adorador. com/temasdoctrinales/25_el_hombre_su_creacion. htm.