Law Conflicts Essay Example for Free

Law Conflicts Essay Situational Analysis on Children in Conflict with the Law and the Juvenile Justice System Atty. Sedfrey Candelaria; Atty. Aleli Domingo; Amanda Roselle Abrera; Geo Carbonell; Ma. Victoria Cardona and Tricia Oco Adhikain Para sa Karapatang Pambata (AKAP) of the Ateneo Human Rights Center, Ateneo Law School and United Nations Children’s Fund, 1998. E-mail: [emailprotected]/ [emailprotected] The Philippine Senate, through Resolution No. 109 dated July 20, 1990 ratified the Convention on the Rights of the Child (CRC) paving the way for the Convention’s implementation at the domestic level. This afforded children the set of protective rights related to the juvenile justice system under Articles 37, 39, and 40. The Philippine Government submitted its compliance commentaries on these provisions in its Initial Report to the Committee on the Rights of the Child in 1993. In response, the CRC committee submitted the following principal concerns: †¢ need for national legislation to conform with the convention †¢ need for efficient mechanisms to monitor the situation of these children in conflict with the law †¢ need for compatibility of the present juvenile justice system to the principles and provisions of the convention and other international standards The development of a situational analysis on children in conflict with the law and the juvenile justice system is deemed necessary to guide policy-makers in implementing effective programs and procedures to protect the rights of the child. Purpose of the Research Last May 7, 1997, a consultative meeting was conducted, with representatives from the five pillars of criminal justice: law enforcement, prosecution, courts, correction and the community. The main purpose was to gather more data and to validate initial observations  and analysis on the status of juvenile justice administration in the Philippines. The objectives of the research were therefore constituted as follows: †¢ To analyze data and existing studies on children in conflict with the law; †¢ To assess the current situation of the administration of juvenile justice in light of the principles and relevant provisions of the Convention on the Rights of the Child (e.g. Articles 37, 39 and 40); and †¢ To recommend practical and achievable steps toward reforming the juvenile justice system. Methodology The research team reviewed the data covering 1993 to 1997 on various aspects of the juvenile justice process. This was derived from existing studies, surveys or reports prepared by a number of groups concerned with children in conflict with the law. These materials were supplemented by actual interviews and responses to questionnaires sent to selected institutional respondents. A series of dialogues with judges of designated courts for children’s cases were also conducted from April to June 1997. Findings The data reveals that while there are Philippine laws, rules and regulations applicable to children in conflict with the law, prosecution and trial procedures in general do not make distinctions between adult and youthful offenders facing charges before the courts. As regards the profile of the Filipino child in conflict with the law, findings show that the youthful offender is: usually male; between the ages of fourteen (14) to seventeen (17) years; an elementary graduate; a middle child from a low-income family with four (4) to six (6) members; charged with property related crimes (robbery and theft); and, exposed to drugs or gang influence. The experience of a number of youthful offenders with the various stages of the juvenile justice process reveals occasional neglect and insensitivity by duty holders. Analysis The following is a brief analysis of the three sub-sections pertaining to the legal framework and processes, institutional framework, and the narrative and statistical report. It will underscore the strengths as well the gaps of the Philippine juvenile justice system as these affect the rights of children in conflict with the law. The discussion of the Philippine legal framework and processes tend to confirm the state of legislative reform in this country, particularly in regard to juvenile justice, as observed by the Committee on the Rights of the Child. It further affirms that while there are laws protecting the rights of children in conflict with the law, Philippine legislators have yet to seriously consider reviewing existing laws. In terms of priority, existing jurisdiction of designated courts over juvenile and domestic relations cases, including cases of youthful offenders, needs to be enhanced by passing legislation on the creation of child and family courts. In line with this reorganization, procedural rules applicable to these courts will be necessary. Therefore, findings of this report on the conduct of court proceedings involving children clearly support: †¢ a move towards restructuring the jurisdiction of some lower courts ; †¢ a set of procedural rules in the handling of children’s cases; and a set of clear-cut criteria for appointment of judges to a specialized child and family court. Various surveys and studies reveal an interesting finding on the average age of youthful offenders to be mostly male and between fourteen (14) andmseventeen (17) years of age. Indeed, this is rather significant in light of the observation of the Committee on the Rights of the Child that Philippine substantive law on the age of penal responsibility is quite low (below nine (9) years). Socio-cultural factors, however, must be closely considered when reviewing the present standard contained in our penal laws and the Child and Youth Welfare Code. Other substantive rights, such as, the constitutional guarantees of an accused are adequately covered by existing laws. The application and practice of these rights in favor of children facing the justice system do not seem to be monitored effectively by the key institutions of the juvenile justice system. An example is the lack of quantitative and qualitative data from the enforcement and judicial sectors concerning compliance with the constitutional and CRC standards on the rights of the youthful offenders at the apprehension, investigation, and trial stages. Selected incidents of violations of the rights of some children arrested, investigated and tried before the courts, as narrated in this report, tend to suggest that there may be more of these incidents in practice occurring at various stages of the juvenile justice process. Non-observance of the CRC standards may be attributed to inadequate training and lack of sensitivity of some law enforcement personnel, prosecutors and even judges in handling of cases of children in conflict with the law. Given the limits of the existing procedural system dealing with youthful offenders, police, prosecutors and judges have sufficient discretion occasionally to ensure that the procedural laws aim at diversion measures rather than passively allow an investigation or judicial process to proceed. It has been emphasized in the said report that every measure be taken to avoid placing the child within the often stressful environment of litigation. Sometimes, this is even aggravated by the protracted delays in the disposition of cases contrary to conventional standards of speedy justice. A more disturbing reality is the unfortunate condition faced by most detained and sentenced youthful offenders in public jails and similar institutions.  Despite clearly stated guidelines, laws and policies regarding the treatment of detained and sentenced juveniles, there exists a startling disregard for a most basic standard. Such is the segregation of children from adult offenders inside detention centers or jails. This continues to stand out as a sore thumb in our review of existing practices on this issue. The objectives of the juvenile justice system could easily be eroded by this situation of youth offenders in detention or those serving sentence. Neither do most physical facilities and development opportunities for detained or sentenced children adequately meet the standards set by the CRC and related U.N. guidelines. The budget allocated by the government for food and other basic necessities hardly promotes the standard to meet all the requirements of health and human dignity. Rehabilitation programs through (non-institutional) community-based services are being resorted to more often by DSWD. This is a move towards the right direction. However, support services are needed in the form of financial assistance, education, and employment for the returning youthful offender. Conclusions One of the remarkable contributions of the CRC to the issue of juvenile justice is the emphasis made on the impact of societal conditions on the growth and development of a child. Several factors contribute to a child’s transformation either into an accomplished member of society or one who finds himself or herself in conflict with the law. Within the context of duties and responsibilities, it may be argued that those with the primary right and duty in the rearing of a child deserve the unqualified support of the State authorities and institutions through the creation of an environment conducive to the wholesome development of a child. This research has confirmed that the situation of children in conflict with the law was better understood when viewed not only within the limited context of the commission of the crime itself. Instead, it focused more directly on the failure of some duty-holders to provide for an environment  that can promote the fullest potential of a child. A convergence of circumstances more often places the child in a situation leading to the commission of a crime. A dysfunctional family relationship, poverty or peer influence create conditions which may push the youth towards conflict with the law. In the Philippine juvenile justice system, the child generally enjoys guarantees distinguishable from adults. However, the judicial process itself, consisting of the criminal procedure and the rules of admissibility of evidence, does not provide an exclusive mode of conducing trial. The juveniles, as accused before courts of general jurisdiction, are designated to a juvenile and domestic relations court. There is a general impression that the revival of exclusive child and family courts may be contribute towards effective management of cases of youthful offenders. The experience of some Filipino youthful offenders with the justice system has been characterized occasionally with neglect and insensitivity by a number of judges, prosecutors and private lawyers, notwithstanding the well-entrenched judicial guarantees. This is not to overlook, however, the recent efforts of inter-agency task forces aimed at raising awareness of the legal profession on the conditions of children in conflict with the law. Society’s attitude towards returning youthful offenders or those in community-based rehabilitation programs is crucial in successfully reintegrating these children. The present report underscores the vulnerability of those youthful offenders staying in â€Å"closed† institutions and prisons. Recommendations After careful analysis and investigation of the situation of children in conflict with the law and realizing the many gaps of the Philippine juvenile justice system, the following recommendations were drawn: †¢ Law enforcement officers, prosecutors, judges, court social welfare officers, public attorneys and legal aid groups should be given orientation seminars  on international human rights instruments and child-related laws with emphasis on juvenile justice †¢ Government agencies and institutions engaged in defending youthful offenders should coordinate their efforts in providing protection to these children by establishing a common monitoring system covering the various stages of the juvenile justice system process. †¢ Specialized juvenile and domestic relations courts should be created. †¢ Support programs for streetchildren and other similarly vulnerable children should be increased as preventive measures. †¢ More facilities exclusively for children who are detained and sentenced should be constructed to prevent mingling with adult offenders. †¢ Community awareness of and involvement in non-institutional rehabilitation programs and services should be enhanced. †¢ Non-governmental organizations engaged in multi-disciplinary outreach programs with children in conflict with the law should form a network to maximize extension of assistance of these children. †¢ A comprehensive review of existing laws and procedures on juvenile justice in light of the CRC and other international standard-setting instruments affecting children in conflict with the law should be undertaken for purposes of law reform.

A Descriptive Analysis of Nigger: The Meaning of a Word by Gloria Naylo

A Descriptive Analysis of Nigger: The Meaning of a Word by Gloria Naylor What is the rhetor’s purpose? In the essay â€Å"Nigger: the meaning of a word† Gloria Naylor discusses the essence of a word and how it can mean different things to different people in a myriad of situations. Depending on race, gender, societal status and age Naylor outlines how a word like ‘nigger’ can have different meanings within one’s own environment. Naylor discusses how a word can go from having a positive to a negative connotation merely due to how it is spoken and by whom. Naylor shares a personal experience with her audience as she describes the first time she really â€Å"heard† the word ‘nigger’. A young white boy in her third grade class spit it in her face. Naylor states, â€Å"I didn’t know what a nigger was, but I knew that whatever it meant, it was something he shouldn’t have called me.† (Naylor 460) Naylor writes about her own personal experience and is obviously biased. This, while powerful, can also be seen as a limited view of the subject. Her audience only understands thorough her eyes and her experiences. Naylor is trying to educate her audience by sharing a personal experience. I think she wants her audience to sit back and think about the words they use and how others may use them and how this can affect others. Naylor wants her audience to understand how she was affected not only by a young boy but also by how she didn’t really think about the word ‘nigger’ until the moment it was used to hurt her. She is striving to make her audience think about the words they use and hear and how the context these words are immersed in can change the meaning of them. Who composes the target audiences? To be a part of Naylor’s target audience one must have obviously had experience with language and how people use it. She is targeting those who have heard and/or used the word â€Å"nigger† before. Naylor wants her audience to take on her experience and be empathetic towards her. She doesn’t do this in a seemingly pathetic way, as she seeks no pity. She outlines her experience and wants her audience to understand her view and how this view came to be. What roles or personas does the rhetor assume? Naylor assumes the role of an educator in her writing. She assumes a persona of a young girl experiencing a new way of understanding a word. ... ... She uses a conversational tone that adapts nicely to the audience. I say this because draws the reader in and he or she easily understands and accepts her experience. Naylor uses her experience to exemplify her point and to offer validity. One is drawn in by her experience as a young girl, and her evolution of understanding. Naylor makes her audience think about what it would be like to really â€Å"hear† a word for the first time, to look back and realize you had heard the word many times in a different context. What strategies are used? The language used by Naylor is common, as she doesn’t use large words one has to look up to understand. She writes in low style which is effective for her argument. This use of languages conjures an almost friendly relationship with her audience, like she is sitting down with you over a cup of coffee discussing how context can change your understanding of a word. She is sharing a part of her life and experience with the audience in order to shed light on her argument. Works Cited: Naylor, Gloria. â€Å"Nigger: The Meaning of a Word† Ed. Goshgarian, Gary. Exploring Language. Ninth Edition. Toronto: Longman, 2001. Pages 460-462

The Boy in the Striped Pyjamas

The Boy In The Striped Pyjamas – John Boyne Summary Bruno is a nine years old boy, who lives with his father, mother and his twelve years old sister Gretel in Berlin during the second world war. His father is commandant for the German army. One day, when Bruno came home from school, the family’s maid Maria is packing his belongings. They move to a new home, because of his fathers’ work. Their new home’s called Out-With. Immediately when the Family arrive at Out-With, Bruno gets homesick.He misses his friends, his grandparents and especially his old home at Berlin. From a bedroom window Gretel and Bruno see many people, all in the same grey-white striped pyjamas. Out-with and the people in the pyjamas are separated by a huge fence. When Bruno asks his father who this people are, his father says they aren't really people. When Bruno walks along the fence (exploring), he sees a boy sitting on the other site of the fence. The Jewish boy is called Schmuel and h e has exactly the same age as Bruno. They become friends and Bruno visits Schmuel every day.After one year at Out-With, Bruno’s mother wants to go back to Berlin because she thinks Out-With is an unsafe place for children to grow up. Bruno doesn’t want to go back to Berlin because of Schmuel. When he went for the last time to Schmuel, Schmuel tells him his father is gone. Bruno wants to help Schmuel to search and explore for his father. He changes into the striped pyjamas. Bruno and Schmuel go into the camp. When they are exploring, suddenly they went on a march. They marched to a long room and the frond was suddenly closed. Bruno doesn’t know it is a airtight room.Nothing more was ever heard of Bruno after that. Relationships Gretel – Bruno Bruno calls his sister Gretel ‘The Hopeless Case’. She always thinks Bruno’s stupid, because he’s ‘only’ nine. Gretel is twelve years old and she thinks she’s very smart, old and wise. Bruno is a little scared of Gretel. When Gretel becomes a little older, she gets more serious and stops teasing Bruno. Schmuel – Bruno Schmuel and Bruno are very good friends. In the end of the book, Bruno calls Schmuel his best friend. Bruno goes every afternoon to the fence to talk with Schmuel. They can’t play, because the fence separate them.Their friendship is also strange, because Schmuel hates all the soldiers who live with Bruno. Bruno doesn’t know what the soldiers (and his father) do to the Jewish people. Father – Bruno Bruno doesn’t really know what his fathers’ Job is. He only know his father wears the most beautiful uniform of all the soldiers. The year after Bruno went to the airtight room, his father goes back to the place where the clothes of Bruno were found. He discovers a gap in the fence and he knows immediately what happened to Bruno. On that moment, he regretted about everything what he have done. The Boy in the Striped Pyjamas The Boy In The Striped Pyjamas – John Boyne Summary Bruno is a nine years old boy, who lives with his father, mother and his twelve years old sister Gretel in Berlin during the second world war. His father is commandant for the German army. One day, when Bruno came home from school, the family’s maid Maria is packing his belongings. They move to a new home, because of his fathers’ work. Their new home’s called Out-With. Immediately when the Family arrive at Out-With, Bruno gets homesick.He misses his friends, his grandparents and especially his old home at Berlin. From a bedroom window Gretel and Bruno see many people, all in the same grey-white striped pyjamas. Out-with and the people in the pyjamas are separated by a huge fence. When Bruno asks his father who this people are, his father says they aren't really people. When Bruno walks along the fence (exploring), he sees a boy sitting on the other site of the fence. The Jewish boy is called Schmuel and h e has exactly the same age as Bruno. They become friends and Bruno visits Schmuel every day.After one year at Out-With, Bruno’s mother wants to go back to Berlin because she thinks Out-With is an unsafe place for children to grow up. Bruno doesn’t want to go back to Berlin because of Schmuel. When he went for the last time to Schmuel, Schmuel tells him his father is gone. Bruno wants to help Schmuel to search and explore for his father. He changes into the striped pyjamas. Bruno and Schmuel go into the camp. When they are exploring, suddenly they went on a march. They marched to a long room and the frond was suddenly closed. Bruno doesn’t know it is a airtight room.Nothing more was ever heard of Bruno after that. Relationships Gretel – Bruno Bruno calls his sister Gretel ‘The Hopeless Case’. She always thinks Bruno’s stupid, because he’s ‘only’ nine. Gretel is twelve years old and she thinks she’s very smart, old and wise. Bruno is a little scared of Gretel. When Gretel becomes a little older, she gets more serious and stops teasing Bruno. Schmuel – Bruno Schmuel and Bruno are very good friends. In the end of the book, Bruno calls Schmuel his best friend. Bruno goes every afternoon to the fence to talk with Schmuel. They can’t play, because the fence separate them.Their friendship is also strange, because Schmuel hates all the soldiers who live with Bruno. Bruno doesn’t know what the soldiers (and his father) do to the Jewish people. Father – Bruno Bruno doesn’t really know what his fathers’ Job is. He only know his father wears the most beautiful uniform of all the soldiers. The year after Bruno went to the airtight room, his father goes back to the place where the clothes of Bruno were found. He discovers a gap in the fence and he knows immediately what happened to Bruno. On that moment, he regretted about everything what he have done.

Advertising Is A Key Factor - 2254 Words

Introduction to advertising It is clear that advertising is not a new phenomenon, throughout its many forms advertising has not only been around for decades but for centuries. Advertising however as we know it can be seen to have been developed In the early 18th century, where by newspapers offered the ability to communicate entire pages of advertisements to the mass market. Advertising nevertheless is no doubt a powerful tool which adapts the way consumers perceive a product and if pulled off successfully can be the biggest factor of success. Approaches to advertising Simon Broadbent believes that there are 456 theories about what advertising is and how it works (Broadbent, 1992). However one of the most simple and effect definition of†¦show more content†¦(Goddard. A 2002) In concept, advertising is a mediator of choice, the most key aspect of advertising is that it makes the consumer a directly active agent in the economic cycle. Today advertising has become a key aspect of the marketing mix; â€Å"it has two key mechanisms, information and persuasion. With the mix of these two, the possibilities are endless† (Miles, Hart 1993). Advertising works as a direct form of persuasion and come in a variety of different platforms that effectively influence and affect consumer behaviour. Although there is more than one theory when it comes to advertisement, most share a common argument that expresses the importance that advertising brings to a business. Advertising becomes the focal point and the direct link between businesses and there target market. Advertising does not only account for the sales of a product but in fact becomes a main factor as to how a business is adapted by consumers. THEORY OF HOW EVERYONE ADAPTS IT DIFFERNLY! Advertising often requires a substantial amount of funding and this often comes from a large portion of the operational budget of business. This therefore means that it is highly important to measure the success of an advertising campaign however this process is not easy. Basu expresses that â€Å"measuring the success of an advertising campaign consist of finding out how often people are viewing a company s