Wednesday, August 26, 2020
Final Project IEP Essay Example | Topics and Well Written Essays - 1000 words
Last Project IEP - Essay Example Different abilities displayed by skilled and gifted kids incorporate administration and association. These aptitudes are remarkable and they make skilled kids champion. Be that as it may, capable youngsters need uncommon direction to empower them accomplishes their possibilities and sidestep damaging conduct (Whtmore and Maker, 1985). Individualized instructive frameworks were seen as basic in empowering the youthful gifts accomplish their true abilities. Individualized instructive projects, are programs that portrays the objectives and desire for a kid inside a scholastic year under given conditions and bolster Adam is a six-year-old kid in the subsequent evaluation. After his subsequent birthday, his folks began noticing a distinction in his development and improvement when contrasted with that of his friend. In contrast to his friend, Adam had an exceptional capacity to peruse since he was a two-year-old youngster. In any case, his folks rushed to see that Adam had a one of a kind understanding ability. Having a youngster who is acceptable in nearly everything, places the kid and the parent in a clumsy position on the grounds that, the guardians would prefer not to appear as though they see their kid as more uncommon than their friendââ¬â¢s kids. Furthermore, Adam needed to fit in his age gathering, yet his extraordinary gifts put him in a tough situation. His folks have detailed that his enthusiasm for different issues is fascinating. For instance, Adam is keen on universal and national issues, for example, ecological issues and psychological warfare. His interest makes him determined in requesting answers, and he won't surrender, until he finds an answer. He can't quit posing about inquiries concerning God and eternal life, the intriguing piece is that, this has continued for as long as one and a half years. In contrast to other youngsters, Adam isn't just keen on knowing whom God is, yet in addition where he can be found. Adam is likewise extremely del icate and he typically investigates the legitimacy of all reactions given to him before tolerating them. His ability in visual and performing expressions is clear from his extreme enthusiasm for music and exceptionally great drawings, which his folks concur could be on a presentation divider. Adamââ¬â¢s educators report that he generally needs to satisfy his instructors and, in this manner searches for their endorsement in all that he does. Despite the fact that this propensity may be helpful to him for the time being, it may keep him from securing other significant abilities throughout everyday life. His capacity to get a handle on ideas is a long ways past that of his friends; this makes him to finish his class work before different understudies. He for the most part utilizes his available time gazing into space or jotting fanciful shapes on a bit of paper. Adams inclines toward the organization of youngsters in more seasoned evaluations since; his age mates see his exceptional information about different ideas as strange. The way that his scholastic execution is incredible additionally makes him disagreeable with his companions. As indicated by the Federal Bureau of Statistics, around 5-7% of every United State youth and youngsters have a unique ability in a specific field (Whtmore and Maker, 1985). This means around 3,000,000 kids in the nation being in control of an extraordinary ability. It has likewise been noticed that the capacity of kids to get a handle on idea changes with states. While a few states have 5% of their kids having this uncommon ability, others have 3% of their all out youngsters populace. Educators are consequently required to guarantee that such kids create
Saturday, August 22, 2020
Cutting Fine Arts in Schools Essay Example For Students
Cutting Fine Arts in Schools Essay Music and workmanship programs are as a rule among the first to get extreme blows. Expressive arts are defenseless against spending cuts incompletely on the grounds that youngsters are not tried in music or craftsmanship under No Child Left Behind. said Benedict J. Savvy, a University of Massachusetts music instruction educator (Defogger). Educational committees cut expressive arts programs since they trust it is the path of least resistance of a money related emergency. Albeit expressive arts programs are normally the first to be sliced when spending slices come to schools, expressive arts can be viewed as the most significant thing in a childs training. Balanced training in the expressive arts assist understudies with creating creative mind, perception abilities, basic reasoning aptitudes, more profound and progressively complex reasoning aptitudes, spatial thinking and transient abilities, basic examination, unique idea, and example acknowledgment (Hurley), Research shows that when understudies study human expressions, it prompts higher accomplishment in different regions, particularly when human expressions are genuinely incorporated all through various substance zones. A Scientific American article which was featured Hearing the Music, Honing the Mind, expressed, Music produces significant and enduring changes in the cerebrum. Schools should include classes, not slice According to the No Child Left Behind act, the expressive arts are considered one of the ten center subjects. Likewise under No Child Left Behind, it disregards government law to play hooky in schools. It has been demonstrated that schools With expressive arts programs have higher test, graduation, and participation rates. Schools that have music programs have altogether higher graduation rates than do those Without music when contrasted with 72. 3%, (Russell). The College Board revealed that in 2004. The individuals who had taken expressive arts courses improved on the Stats than understudies who didn't take expressive arts courses. The individuals who examined music scored forty focuses higher on the tat partition, and the individuals who contemplated acting outscored their friends by sixty six focuses on the verbal segment of the test. Studies in Chicago showed that scores of understudies who concentrated in schools with expressions of the human experience went up multiple times quicker than those in schools without human expressions. Another investigation demonstrated that those understudy who concentrated expressive arts in Minneapolis made meaningful test gains; this was particularly valid for kids who were considered to he hindered. Popular on-screen characters, craftsmen, and performers would have never been what they are today it they had not taken expressions classes in secondary school. In the event that kids are taught in human expressions they will better comprehend and acknowledge different societies. An exceptionally well known band executive who I meet once said If you plunk down in another nation and play your instrument, showcase a drama, or paint an image you can have a discussion with the local individuals. Expressions of the human experience are a language that is the equivalent for all nations regardless of what language they talk. Expressions of the human experience are the portal to people groups central cores. (Mr.. Bruce Dinkies, band executive at James Bowie High School in Austin, Texas) School Board individuals don't know about the impacts Of cutting expressive arts programs. By slicing open financing to state funded schools, educational committees hazard putting more weight on private contributors and Other such assets to help finance expressions of the human experience. Studies show that schools that cut expressions programs inside three years are spending more cash on training, and their grades really go down. Inside a few years, each school that cut expressions indicated a reduction in assurance and participation and an expansion in vandalism and disturbances, and inside three years the majority of them needed to add broad disciplinary staff to represent the issues that were made by not giving the full scope of encounters that human nines need. Said Mailing Payola, an advisor for the Department of Public Instruction (Shrank). Probably the greatest impact of playing hooky is greater class sizes. On the off chance that understudies are not permitted to take expressions classes they will place in classes that were at that point potentially flooding with understudies. Ay cutting cash for expressions in schools, we chance hosing our understudies want to understanding and value human expressions further down the road (Stretch). On the off chance that understudies are not allowed to take an expressive arts class in secondary school they may never get an opportunity to encounter human expressions by any stretch of the imagination. The Metamorphosis: Shape and Form EssayWithin three years of cutting expressive arts programs schools demonstrated a decline in a few key territories and an expansion in a few undesirable regions (Shrank). * Moral goes down. * Attendance goes down. Grades go down. * Vandalism goes up. K Classroom disturbances go up. * Community violations additionally increment. C. Because of the few issues because of the cut of human expressions school as a rule need to enlist extra regulatory staff. D. On the off chance that understudies are not permitted to take expressions classes they will be compelled to take different classes which will cause unleavened classes Which Will cause the general instruction level to diminish in light of the fact that educators sick have more to manage. E. Expressive arts programs generally include after school programs, yet on the off chance that human expressions are cut, at that point understudies Will be compelled to return home. A. Understudies will at that point have more opportunity to mess around, watch t. V. , and utilize interpersonal interaction destinations. B. These exercises can prompt other dangerous exercises. IV. Fruitful expressive arts programs are the way in to human expressions making due for some more ages. A. There are a few fruitful expressions programs the country over. B. These have a few qualities that make them fruitful (Stretch). A. Network inclusion . Board bolster c. An administrator who bolsters expressions of the human experience by and by d. An expressions facilitator who is included on the network e. A vital who gives assets f, Strong rudimentary expressions programs g. Very much prepared instructors h. Arranging I. Nonstop improvement When Schools are in emergency they will in general cut expressive arts programs in schools. A. Instructors are ignorant of the impacts on their school and understudies by cutting their expressive arts programs. B. One day instructors will understand the advantages of an effective expressions program exceed the requirements for cutting them.
Saturday, August 15, 2020
New Student Photo Series 2010 Entry #14 COLUMBIA UNIVERSITY - SIPA Admissions Blog
New Student Photo Series 2010 Entry #14 COLUMBIA UNIVERSITY - SIPA Admissions Blog New students interested in submitting photos for the blog please click here for details. __________________________ The photos today come from Marissa Polnerow, an incoming MIA student. __________________________ Macedonia, 2009 This series of photos captures a day in the life of a Peace Corps volunteer in the Republic of Macedonia. The shots were taking during a hike from my apartment in Prilep to the 13th-century mountaintop monastery of Treskavec. The monastery is a timeless and remote gem, adorned with Byzantine frescoes, open to guests to stay however long they desire. The early morning scene of a goat is followed by a foggy view of Macedoniaâs lush hilltops. The sign reads âcheshma,â and leads to an old fountain. In the final shot, my friend Darko and I rest beside the monastery, where we stay the weekend with friends and Treskavecâs welcoming Orthodox Monk, Kalist.
Sunday, May 24, 2020
Divorce A Broken Marriage - 1876 Words
Divorce- A Broken Marriage Divorce, which is the termination and legal ending of a marriage of a couple, maybe of the opposite sex or of the same-sex, has been on a rise in America for the past thirty years. Almost every second person has a divorced member in its family today. America comes on the first place in terms of the number of divorces in the world. Divorce has been reported to be one of the major causes of suicide as well. Many factors lead to divorce in America, some of which are lying, for example- on online dating sites, getting divorced unnecessarily because they are unhappy and infidelity which is the action of being unfaithful to oneââ¬â¢s spouse. According to Gies and Gies, in the ancient Roman Republic, a simple statement for divorce was sufficient for the dissolution of a marriage. Some local Church councils even had the equivalent of no-fault divorce, in which a couple was allowed to get divorced after swearing that ââ¬Ëââ¬Ëcommunal life has become impossible between usââ¬â¢Ã¢â¬ ⢠or that ââ¬Ëââ¬Ëthere is no charity according to Godââ¬â¢Ã¢â¬â¢ in the marriage (Coontz, 8). Through most of the history, reasons for divorce were really different from today, especially in complex societies. Divorce was considered as a male privileged act in society. In Rome, divorce was considered for the wealthy and elite class who were allowed to switch mates to acquire more advantageous in-laws. In that era, a male heir was preferred over a female heir. If the female was unable to give birth to a male heir,Show MoreRelatedEssay On Broken Family758 Words à |à 4 Pages1.3. Broken Family/Marital Breakdown/Family Breakup: A Broken Family consists of a biological family that has separated for specific reasons that may result in single parent families, step families or blended families. 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Many people assumed that what is good for the mother and father is good for the child. But now, tremendous amoun ts of research have been done on divorce and children. All the research points out one hard truth and that is that kids suffer when mom and dad get a divorce (focus on the family). Separation of a childââ¬â¢s parents puts the childRead MoreDivorce Ethics1643 Words à |à 7 PagesDivorce Ethics In modern days divorce is a common occurance. Over the last twenty years people are getting married and divorced quickly. There are a plethora of reasons for getting divorced today including: abuse, money problems, addictions, young marriage, illegal immigrants marrying for citizenship, and so on. Divorce is also more accessible and easier to obtain than it was years ago. All one has to do is go to a lawyer and a divorce can be granted in some states without any questionsRead MoreHow Broken Homes Affect Teens826 Words à |à 4 Pagesï ¿ ¼How Broken Homes Affect Teens According to statistics 50% of children born to married parents today will experience the divorce of their parents before the age of 18. When parents have a divorce not only does it affect them but it also affects their kids, broken homes is a very big issue. Children have emotional damage and physical damage, this can lead to bad grades or even worse bad health. Children of all ages are affected by a divorce in someway. In 1980-1981 it was proven that children in repeatedRead MoreMarriage Is A Part Of Most People s Lives All Across The World958 Words à |à 4 PagesMarriage is a part of most peopleââ¬â¢s lives all across the world. No difference in religion, culture, or country matters; marriage is a universal concept. People brought together by love. Today more than half of all first marriages end in divorce and sixty percent of all second marriages end in divorce. These statistics bring the rise of questions concerned of the shocking numbers. What happens during that time that causes such destruction on the people and the relationship? This subject of marriageRead MoreMarriage Is A Bond Made993 Words à |à 4 PagesMarriage is a bond made, between two people, that is meant to last until death. The idea of getting married, is a way of life that has been instilled in societyââ¬â¢s brain, as a milestone for a fulfilling life. Children grow up watching movies and reading books about young love and happily ever after, while teenagers are in search for a ââ¬Å"#goalsâ⬠relationship. Starting at a young age and continuing on throughout adulthood; crushes, relationships, and marriage are a popular topics of discussion. YoungRead MoreHow Divorce Is Affected Much More Significantly Than Those From Two Parent Families987 Words à |à 4 Pagesfifty percent of all marriages ending in divorce and it is affecting every aspect of our culture including churches such as your own. It is often seen as an easy choice with few consequences when in reality it is having devastating effects. Divorce is the problem of which I speak. Not only is it directly affecting those involved by wreaking havoc on their lives but it is also tearing down society as we know it. The statistics are abundantly clear, children who come out of broken homes are negatively
Wednesday, May 13, 2020
The Benefits of Going Greek in College
Weve all seen the movies and stereotypes in the media about students who join fraternities or sororities during their time in college. But given the millions of students who have gone Greek over the years, there must be some benefits, right? Despite the negative images of college Greek life, many Greek organizations have quite a lot to offer, both during and after your time in school. If youre thinking of joining a fraternity or sorority, consider the following benefits as you decide if going Greek is right for you: 10 Benefits of Going Greek in College 1. The high level of camaraderie with fellow members: The friendships you build through a fraternity or sorority often have a different feel to them than other friendships you make during your time in school. Perhaps its because of your shared values or your shared experience as members of your Greek organization. Regardless, youre likely to make strong, personal friendships that can last well past graduation day. 2. Lots of community service opportunities: Many Greek organizations are heavily involved in community service. Your Greek house may require a certain amount of volunteering each semester or may have an annual event that raises funds for a community non-profit. If youre interested in giving back during your time in school, a fraternity or sorority can offer you a lot of different options for doing so. 3. An academic support network: Even the newest college student knows to ask around when it comes to getting the skinny on classes, professors, and majors. And with the wide range of students that are members of a fraternity or sorority, you instantly have access to all kinds of knowledge about which professors, classes, and departments are the best. Additionally, if youre struggling in a class, your fraternity brothers or sorority sisters can be a great resource for tutoring and other academic advice. 4. A professional network after graduation: Many, if not most, Greek organizations offer networking opportunities to their members long after their college years. You can tap into alumni networks and make professional connections that might not have been available otherwise. 5. A wide range of leadership opportunities: Fraternities and sororities require a lot of work given their high levels of involvement and programs. Because of this, there are often multiple leadership opportunities available each year. Even if youve never held a leadership position before, testing out your leadership skills within your Greek house can be a great way to develop some skills and give back. 6. An endless stream of learning opportunities: One of the best benefits of going Greek is the wide range of learning opportunities youll be presented with. Youll meet all kinds of new people; youll participate in all kinds of new experiences; youll be presented with all kinds of new ideas. From formal, structured events to casual conversations in the house kitchen, fraternities and sororities are always challenging their members to do, learn, and act more. 7. An additional housing option: Not sure if you should live on or off campus next year? If your fraternity or sorority has a house on or near campus, the housing benefits alone might be one of the main reasons to join. You can have all of the benefits of being close to campus without all the chaos of living in a residence hall. Additionally, youll be able to build even stronger connections with your fellow sisters or brothers if you choose to live in your Greek house. Whats ââ¬â¹not to like? 8. There are often scholarships available: If youre a member of certain Greek organizations, you may be eligible for scholarships or other financial aid. Additionally, if youre worried about the cost of joining a fraternity or sorority, many have scholarships available to members who have trouble paying annual dues. 9. Becoming a part of a long-standing tradition: If youre on an older campus, your membership in a historic Greek fraternity or sorority might make you part of a very old, long-standing tradition. And if youre on a new campus or joining a new(er) fraternity or sorority, youre lucky enough to be at the start of something great. Either way, theres something to be said for having a role in a tradition that has stood the test of time. 10. The chance to prove stereotypes wrong: The way fraternity and sorority members are portrayed in society is unfortunate, especially given the amazing things these students do each and every day. Your role as a fraternity or sorority member gives you a great opportunity to prove these stereotypes wrong. The friendships you make, the community you build, volunteer work you do, and programs you put on can be part of a great college experience that embodies all that going Greek has to offer.
Wednesday, May 6, 2020
Defining Social Problems Free Essays
A distinction is made between the definition of a social problem and sociological problem by Peter Worsley (1972). The latter refers to the problem of explaining social behaviour in terms of a sociological theory, whilst the former is some piece of social behaviour that causes public friction and or private misery and calls for collective action to solve it. The study of social problems is a complex and very controversial undertaking. We will write a custom essay sample on Defining Social Problems or any similar topic only for you Order Now Broadly speaking, this is not understandable to the average layman whose concepts of what constitutes a social problem is firmly established by the rhetoric of his/hers everyday social discourse and indeed the classification of acts or situations as social problems seem to be a relatively simple exercise. It is becoming more and more evident by present day sociologists and social scientists alike the complexities involved in defining, identifying and classifying a social situation as a social problem. This process has far-reaching implications on the focus, scope and projected recommendations of studies conducted of a particular social situation. There are two major conceptualizations of defining a social situation as a social problem. The first is centered around the self-explanatory phase ââ¬Å"public opinion approachâ⬠. This approach contends that a ââ¬Å"social problem cannot exist for a society unless it is recognized by that society to existâ⬠(Blumer, 1971) the inference here is that it is the members of the society that define and construct their social reality and that via socialization these interpretations of societal phenomena and value consensus is conveyed to the offspring. Individuals and social situations that do not conform to the norms and values of society are often viewed as social problems. In Blumerââ¬â¢s definition of social problem he uses a broad concept of society but fails to further refine his definition. Merton writing in Contemporary Social Problems also utilizes in his definition of what is a social problem the broad and in my opinion ambiguous term ââ¬Å"peopleâ⬠. His definition of social problems is as follows ââ¬Å"a social definition exists when there is a sizeable discrepancy between what is and what people think ought to beâ⬠. One discovers that each society has their own conceptualizations and interpretations of their social world and furthermore as contemporary sociologists, namely M. G. Smith and his pluralist model of society (adapted from the research of J. Furnival of Burma), have suggested different fractions of society have competing and contrasting ideologies. The use of such terms suggests social union and cohesion of meanings and oversimplifies the above mentioned complexities of societies. A branching school of thought emerging from the public-opinion approach in the defining of social problems is in my opinion the quantitative approach. Perhaps realizing the aforementioned pitfalls of the definition proposed by Blumer and Merton some sociologist have attempted to further refine their definitions by assigning a seemingly quantitative value to them. Sheppard and Vossââ¬â¢s definition is critiqued by Manis [Contemporary Social Problems] They define a social problem as ââ¬Å"a social condition which a large proportion of society â⬠¦ see as undesirable or in need of attentionâ⬠Here the quantitative term ââ¬Å"large proportion of societyâ⬠refines the initial term ââ¬Å"societyâ⬠and ââ¬Å"peopleâ⬠utilized in the definition of Blumer and Merton respectively. Julian writing in Social Problems, 10th edition, too in his definition utilizes the term â⬠significant proportion of peopleâ⬠, Kornblum includes the term ââ¬Å"most peopleâ⬠and likewise Fuller and Myers in their book The Natural History of a social problem, ââ¬Å"American Sociological Reviewââ¬â¢ quantifies his definition by added the term â⬠a considerable number of peopleâ⬠. Though the inclusion of some additional factor concentrates the overall definition of what is a social problem it still does not give a full representation of the other forces at work that lead to a social condition being classified as a social problem. We have moved from the ambiguity of the term ââ¬Å"societyâ⬠to saying that itââ¬â¢s the majority who decide or define social problems. The supporters of the public opinion approach contend that this approach limits the subjectivity of the researcher. Turner and Beeghley believe that by relying on the publicââ¬â¢s conceptualization of what constitutes a social problem that the sociologist remain neutral and value-free thereby playing a passive rather than active role in the process of defining social problems, since he/she is unable to impose his values, morals and ethnics. Gross dismisses the proposed objective rational proposed by the supporters of the public-opinon approach. He believes that for the sociologist even to interpret a public response to a social situation as negative or positive, good or bad is in itself a value judgment! This method of defining social problems is not as value free and objective as Beeghley and Tuner insinuate. If one is to speak of the majority, then what of the minority. In all fairness some public-opinion supporters have attempted to address this aspect of the debate around the definition of social problems. Sheppard and Voss have included in their definition the point that not only is a social problem defined by the ââ¬Å"large proportion of societyâ⬠but by ââ¬Å"powerful elements of itâ⬠who see a social condition as undesirable and in need of attention. Julian makes an intuitive juxtaposition of the words to further develop this point. In his definition he contends that a social problem is so defined when ââ¬Å"a significant number of people or a number of significant peopleâ⬠â⬠¦ agree that the condition violates an accepted value or standardâ⬠¦. It confuses the definition somewhat since one is unable to determine whether the values of the majority are the ones violated by the social condition and it is thus defined as a social problem or if a social problem is so defined because the accepted values of the powerful (assumption here is that individuals who share the same social status or class have the same values) have been threatened. In the book, Defining Social Problems, there is considerable evidence to suggest that power groups play a significant role in the defining of social problems. Here the writer contends, and correctly so, that a social problem can exist for a number of years and still not be classified or acknowledged as a social problem! A social problem is said to ââ¬Ëexist when an influential group asserts that a certain social condition affecting a large group of people is a problem that may be remedied by collective action. ââ¬Ë This introduces the concept that social problems are ââ¬Ësubjective, value-laden and culturally informedââ¬â¢ a point contested by Manis. Furthermore itââ¬â¢s the influence of the power groups derived from their ââ¬Ëstrength, status or sheer number of peopleââ¬â¢ that have significantly impacted on social policy at the national level. The example given was centered around the hysteria of the milk cartoon kids. There arose in the 1950ââ¬â¢s in the USA an outcry against the seemingly stark increase in the number of kidnappings. This caused a mass hysteria and this ââ¬Ësocial problemââ¬â¢ was deemed acute and severe enough to warrant an increase in police surveillance at schools. The situation was not a real social condition but it was considered as such. This is one of the primary concerns of Manis whereby subjectivity in the definition of a social problem may lead to falsehoods. He suggests rather an objective approach which he labels the ââ¬Ëknowledge values of scienceââ¬â¢. He links social facts to values and devises an approach to defining social problems based on: intrinsic values, contextual values and social responsibility values. By utilizing his method, he contends, ensures objective results by the sociologist. Though not part of the Marx theory, the labeling theory in this case exists alongside and supports the theory that power groups play a significant role in defining social problems. Howard Becker was instrumental in the development of the labeling theory. Pierre Bordeaux, a Marxist, studied the education system extensively and acknowledges the ability of the powerful to impose their definition of reality on others. The controversy surrounding the definition of social problems is still going strong. Some may ask why is it important to understand how a social situation is classified as a social problem. The implementation of social policies affects everyone and some policies may not always be to our benefit. For example the Mass Marriage Movement in Jamaica looked to encourage couples to marry because some British sociologists thought that single-parent families were having adverse effects on their children and this was considered a problem. Through the research of dedicated Caribbean sociologist we know differently. In conclusion, I adapt the view points of Merton and Roberts, Contempory Social Problems, that social problems ââ¬Ëvary among societies and it varies in the same society among social groups and from time to time, since both the social realities and the social norms differ and change. Fuller and Myers to develop a rather accommodating definition of a social problem. They wrote ââ¬ËEvery social problem thus consists of an objective and a subjective definition. The objective condition is a verifiable condition which can be checked as to the existence and magnitude by impartial and trained observersâ⬠¦. The subjective definition is the awareness of certain individuals that the condition is a threat to cherished values. ââ¬Ë How to cite Defining Social Problems, Papers
Monday, May 4, 2020
This Section of the Report Focuses on the Principles Corporate Governa
Question: How Wesfarmers has been operating the Australian and New Zealand ? Answer: Introduction Wesfarmers has been operating the Australian and New Zealand markets in the chemical, mining and retail industries along with the markets for industrial and safety products. The organization is the largest company in Australia with close to 66 billion Australian Dollars revenue as per the analysis of 2016 financial year. To maintain this leadership in the corresponding markets, the management of Wesfarmers should implement effective and efficient corporate governance in the workplace, which in turn provides the employees with a set of guidelines to carry out and excel in their daily activities. Good corporate governance will allow Wesfarmers to have better control on all of its resources and better management of all its business activities. This report focuses on corporate governance which can be implemented in the workplace of Wesfarmers in order to yield a lot of value out of it and to enhance its business processes (Beekes, 2015). Principles This section of the report focuses on the principles on which the corporate governance of Wesfarmers will be based on. These principles define the guidelines to be defined as part of the corporate governance and the policies to be implemented in the workplace of the organization. These principles are mentioned below. Customer and stakeholder focus This principle allows the business model of Wesfarmers to focus on the needs and requirements of the customers and stakeholders. These needs are put at the highest priority by all the business processes of the organization, which in turn allows the customers and stakeholders to have pleasant experiences with the organization (Claessens, 2013). Equality The corporate governance should ensure that all the employees in the workplace of Wesfarmers should be treated equally. This in turn will allow the management of Wesfarmers to have a strong and motivated workforce (Larcker, 2015). Transparency All the information in the workplace of Wesfarmers will be transparent as per the corporate governance, which in turn will allow the organization to have an efficient flow of information throughout the organization. This allows the organization to maintain a strong workforce having complete knowledge of the business processes of the organization (Christensen, 2015). Business ethics This principle of the corporate governance focuses on the integrity and ethical behavior of the employees in Wesfarmers. The corporate governance will allow the employees to be integral to the organization and to have ethical behavior in the workplace (Chan, 2014). Governance model This section of the report focuses on the model of the corporate governance to be used in the workplace of Wesfarmers. Dual board The dual board model of the corporate governance will allow Wesfarmers to improve its business processes to a significant extent. With this dual board governance model, the higher management of Wesfarmers will report to the board of directors and the board of directors will be supervised by a board of supervisors (Larcker, 2015). The board of directors and supervisors will be two independent entities responsible for carrying out their duties separately. This in turn allows both the boards to have separate business activities. Board of directors This board consists of a representative of the higher management, chief executive officer and chief operational officer along with a group of executive and non-executive directors responsible for providing their opinion and suggestions. This board will have the responsibilities for designing, envisioning and approving various business strategies and policies (Tricker, 2015). The higher management of Wesfarmers will report to the board of directors about the status and operations of various departments in the business model of the organization. The board of directors will control most of the critical business decisions and will include the higher management and line management along with the individual employees in most of the decision making processes (Kim, 2013). Board of supervisors The board of supervisors of Wesfarmers consists of the members elected by the employees of the organization. These members will be responsible for monitoring the board of directors and following their decision making process. This in turn allows the board of supervisors to ensure that the board of directors is not misusing the available power and is following the corporate governance implemented in the workplace of the organization (Iliev, 2015). The board of supervisors will consist of previous executive and non-executive directors of Wesfarmers along with the representatives elected by the employees of the organization and from different departments. Legislations and regulations The corporate governance will have a major role in maintaining the adherence of Wesfarmers to the legislations and regulations applicable to the corresponding industry and market. This in turn will allow the management of the organization to ensure legal and efficient business processes of the organization. Some of these legislations and regulations are mentioned in this section of the report. Corporations Act 2001 Australian Securities and Investments Act 2001 These legislations are collectively known as Australian corporation law, which in turn defines the restrictions and guidelines for the business processes of any corporate body in the Australian markets. The corporate governance of Wesfarmers will ensure the adherence of all of the business processes to the Australian corporation law (Miglani, 2015). Along with the Australian corporation law, the business processes of Wesfarmers will adhere to the anti-corruption, the bribery act and the foreign corrupt practices act. These are a few of the legislations kept in focus by the corporate governance of Wesfarmers (Hay, 2016). Audit process The audit process is one of the major components of the corporate governance to be implemented in Wesfarmers, which covers all the business processes of the organization. The corporate governance of Wesfarmers will create an audit committee with the representatives from the employees and higher management along with a few of the directors of the organization (Bell, 2014). This committee will be responsible for auditing the business processes of the organization in regular time periods. These audit processes will be analyzed on the basis of a number of factors to define the principles of the corporate governance and to monitor the performance of the business processes on the basis of these principles. So, the audit processes included in the corporate governance of Wesfarmers will include the activities of checking whether equality, transparency and business ethics are maintained in the workplace along with customer and stakeholder focus (Bain, 2016). Board committees The corporate governance of Wesfarmers will allow the creation of several other committees in the workplace of the organization in order to support the activities of the board of directors and the board of supervisors. These committees are mentioned in this section of the report. Audit committee Responsible for the audit processes carried out in the workplace to monitor the adherence of the business processes to the government policies CSR committee Responsible for setting the CSR goals and carrying out the CSR activities as part of the business model of Wesfarmers (Young, 2014) Investment committee Responsible for all the investment decisions taken by the organization and works with the board of directors to finalize the investments Nomination committee Responsible for the nomination processes carried out in different departments of Wesfarmers, which in turn leads to various critical business decision making processes Remuneration committee Responsible for the management of the remunerations of the human resources in the workplace of Wesfarmers Risk committee Responsible for the identification, analysis and management of the risks in the business processes of Wesfarmers along with the recommendations provided to the board of directors to create or update the organizational policies (Whincop, 2017) Conclusion This corporate governance will allow the management of Wesfarmers to streamline the business processes in the workplace of the organization. As mentioned in the report, the corporate governance of Wesfarmers will focus on all the components of its business model, which in turn will allow the management to ensure effective and efficient execution of the business processes in the workplace of Wesfarmers. So, the implementation of this corporate governance in the workplace of Wesfarmers will in turn lead to enhancement of the business processes in terms of quality and performance, which leads to more profit. This corporate governance will allow Wesfarmers to yield more revenue out of the business processes and to gain leadership in the corresponding industries and markets (ArAs, 2016). References ArAs, G. (2016).A handbook of corporate governance and social responsibility. CRC Press. Bain, N., Band, D. (2016).Winning ways through corporate governance. Springer. Beekes, W., Brown, P., Zhang, Q. (2015). Corporate governance and the informativeness of disclosures in Australia: a re?examination.Accounting Finance,55(4), 931-963. Bell, R. G., Filatotchev, I., Aguilera, R. V. (2014). Corporate governance and investors' perceptions of foreign IPO value: An institutional perspective.Academy of Management Journal,57(1), 301-320. Chan, M. C., Watson, J., Woodliff, D. (2014). Corporate governance quality and CSR disclosures.Journal of Business Ethics,125(1), 59-73. Christensen, J., Kent, P., Routledge, J., Stewart, J. (2015). Do corporate governance recommendations improve the performance and accountability of small listed companies?.Accounting Finance,55(1), 133-164. Claessens, S., Yurtoglu, B. B. (2013). Corporate governance in emerging markets: A survey.Emerging markets review,15, 1-33. Hay, D., Stewart, J., Botica Redmayne, N. (2016). The Role of Auditing in Corporate Governance in Australia and New Zealand: A Research Synthesis. Kim, E. H., Lu, Y. (2013). Corporate governance reforms around the world and cross-border acquisitions.Journal of Corporate Finance,22, 236-253. Larcker, D., Tayan, B. (2015).Corporate governance matters: A closer look at organizational choices and their consequences. Pearson Education. Iliev, P., Lins, K. V., Miller, D. P., Roth, L. (2015). Shareholder voting and corporate governance around the world.Review of Financial Studies,28(8), 2167-2202. Miglani, S., Ahmed, K., Henry, D. (2015). Voluntary corporate governance structure and financial distress: Evidence from Australia.Journal of Contemporary Accounting Economics,11(1), 18-30. Tricker, R. B., Tricker, R. I. (2015).Corporate governance: Principles, policies, and practices. Oxford University Press, USA. Whincop, M. J. (2017).Corporate governance in government corporations. Routledge. Young, S., Thyil, V. (2014). Corporate social responsibility and corporate governance: Role of context in international settings.Journal of Business Ethics,122(1), 1-24.
Saturday, March 28, 2020
Sepsis and Septic Shock Essay Example
Sepsis and Septic Shock Essay Sepsis refers to the uncontrolled systemic immune response to infection. It describes the condition known as systemic inflammatory response syndrome in which as infectious etiology is identified or suspected (Munford, 2001). The key element in sepsis is the overwhelming systemic inflammation as a result of the hostââ¬â¢s reaction to microbial invasion. It involves augmented inflammatory signals in response to an infectious insult that is not controlled by local inflammatory processes. Bacteremia, which is the presence of bacteria and in blood or septicemia, which is the presence of any microbial agent in the blood can lead to sepsis. When the regulatory controls that put the inflammatory response in check are unable to contain the overwhelming reaction, unaffected organs are involved and severe sepsis ensues which is characterized by multiorgan dysfunction. As the homeostatic counterregulatory mechanism fails, sepsis progresses to septic shock, which is the presence of hypotension along with along with organ dysfunction. The hypotension, which is defined as systolic blood pressure of less than 90 mmHg or 40 mmHg less than the patientââ¬â¢s usual blood pressure, is unresponsive to fluid resuscitation. Unlike sepsis which is reversible, patients in septic shock have unfavorable prognosis and usually succumb despite aggressive treatment (Munford, 2001).EpidemiologyOver 10 million cases of sepsis have been reported in the United States based on a 22-year period study of discharge data from 750 million hospitalizations (Martin, Mannino, Eaton, Moss, 2003). Annually, approximately 750,000 people develop sepsis and more than 210,000 cases are fatal (Bernard, Vincent, Laterre, Larosa, Dhainaut, Lopez-Rodriguez et al 2001; Hotchkiss Karl, 2003). Despite advances in critical care management, sepsis has a mortality rate of 30 to 50 percent and is among the primary causes of death in intensive care units (Bernard et 2003; Mitchell, Cotran, 1999). It is believed th at the increasing incidence of severe sepsis is due to the growing population among the elderly as a result of increasing longevity among people with chronic diseases and the high prevalence of sepsis developing among patients with acquired immune deficiency syndrome (Munford, p.798 2001).PathophysiologyThere are a lot of factors attributable to the development of sepsis. Several studies have conflicting results on the pathologic basis of the disease and the exact mechanism involved has not been elucidated. The pathogenesis of sepsis is a series of complex interactions between offending microorganism and the host inflammatory, immune and coagulation responses. The accepted theory is that sepsis results from an uncontrolled inflammatory response in which our own defense system becomes so powerful that it causes more damage to our organs than the etiologic agent of the initial infection Hotchkiss Karl, 2003). This is based on the overstimulated immune response seen in studies of anim al models of sepsis which does not seem to correlate which the clinical picture in humans. Clinical trials involving anti-inflammatory agents have not been successful in patients with sepsis which led investigators to question if sepsis is indeed the result of uncontrolled inflammation (Hotchkiss Karl, 2003). In fact, sepsis with organ dysfunction is attributed to an inadequate immune response to primary local infection which allowed it to spill into the bloodstream and the ensuing tissue injury is primarily caused by superantigens and other virulence factors from the infecting microorganism (Russel, J.A., 2006).Approximately 70 percent of cases of septic shock are caused by gram-negative bacilli which produce endotoxin, hence the term endotoxic shock (Mitchell, Cotran, 1999). The endotoxins are the lipopolysaccharides(LPS) from the bacterial cell wall that are released after the wall is degraded during an inflammatory response. The reproduction of the hemodynamic picture of septi c shock through the injection of LPS alone shows that LPS is one of the main culprits of septic shock. The complex inflammatory cascade caused by LPS eventually leads to hypoxic injury and the multi organ failure is mostly evident in the brain, heart, kidneys, lungs, and gastrointestinal tract. The widespread hypoxia during septic shock causes the brain to develop ischemic encephalopathy while in the heart, cardiac muscles undergo coagulation necrosis and subendocardial hemorrhages. The kidneys undergo acute tubular necrosis as a result of extensive ischemic injury. This results into electrolyte disorders, oliguria and anuria which are severe complications of sepsis. Despite the high resistance of lungs tissues to hypoxic injury, diffuse alveolar damage can be seen in severe bacterial sepsis. In the gastrointestinal tract, hemorrhagic enteropathy develops which appears as patchy mucosal hemorrhages and necrosis. The liver undergoes fatty change and in severe ischemic injury, central hemorrhagic necrosis can be seen (Mitchell, Cotran, 1999).Clinical FeaturesThe clinical manifestations of sepsis are usually superimposed with the signs and symptoms of the primary infection and other underlying medical condition of the patient.However, in the course of the disease, an increasing intensity of inflammatory response to infection becomes evident although the rate varies among patients. Hyperventilation is usually one of the early signs. Manifestations of ischemic encephalopathy such as disorientation and confusion may also occur early in sepsis. They are usually seen among the elderly and in patients with preexisting neurocognitive deficits (Munford, 2001). Patients with hypotension usually presents with weak but rapid pulse accompanied by tachypnea and cold, clammy skin. However, patients in septic shock may be initially warm due to peripheral vasodilation in the skin (Mitchell, Cotran, 1999). It should be noted that some patients with sepsis are normothermic and e ven in the presence of infection, fever can be absent especially in neonates, elderly, and patients with uremia or suffering from alcoholism (Munford, p.801 2001).The occurrence of disseminated intravascular coagulation or DIC, which results from the widespread activation of the coagulation system, can predispose patients to ischemic necrosis especially to those with hypotension. This leads to skin lesions seen as pustules, cellulites, bullae or hemorrhagic lesions. Gastrointestinal involvement manifests as nausea, vomiting, diarrhea and ileus. Patients with stress ulcers may present with upper gastrointestinal bleeding. In cases of prolonged and severe hypotension, ischemic bowel necrosis may occur as well as acute hepatic injury. Elevation of serum levels of conjugated bilirubin often leads to cholestatic sepsis. Liver function test may reveal elevated blood levels of alkaline phosphatase which along with the elevated bilirubin represent an underlying hepatocellular or canalicular dysfunction (Munford, 2001).Treatment and PrognosisPatients with sepsis requires urgent management which is best accomplished in an intensive care setting by medical specialist experienced in the care of critically ill patients. The management entails immediate treatment of the focus of infection while providing adequate hemodynamic and ventilatory support.The appropriate antimicrobial therapy should be given immediately based on blood culture and sensitivity although an empiric initial treatment should be started based on known pathogens at identified sites of infection. An adequate antibiotic cover should include therapy against gram-positive and gram-negative microorganism. Pending results from blood cultures, empiric antimicrobial therapy can be based on several factors, especially in patients with no obvious source of infection. In immunocompetent adults, acceptable regimens include ceftriaxone or ticarcillin-clavulanate or piperacillin-tazobactam and imipenem-cilastin or mero penem. Gentamycin or tobramycin may be added to these regimens. If the causative agent is suspected to be methicillin-resistant staphylococcous areus, vancomycin should be added to these regimens (Munford, 2001). In patients with AIDS, ceftazidime, tircacillin-clavilanate or piperacillin-tazobactam plus tobramycin should be used. In patients with drug allergy to beta lactams, ciprofloxacin plus vancomycin and tobramycin should be used (Munford, 2001). Other factors to be considered are the presence of neutropenia or neutrophil count of less than 500 per microliter, splenectomy and history of intravenous drug abuse. These patients require appropriate antimicrobial cover based on their higher susceptibility to certain microorganisms.The immediate removal of the focus of infection is also important in the successful management of patients with sepsis. Sites of infection should be identified immediately and appropriate drainage should be done when possible. In patients with indwelling i ntravenous catheters, microbial cultures should be done and a new catheter should be placed in another site. Adequate hemodynamic and respiratory support should also be provided especially in patients with septic shock to prevent tissue injury secondary to ischemia. The pulmonary wedge pressure and central venous pressure should be monitored constantly. Metabolic support should also be provided. The urine output should be watched closely for oliguria and anuria. Diuretic therapy with furosemide may be used (Munford, 2001).Despite aggressive treatment, many patients with severe sepsis and septic shock succumb to the disease. Several new agents have been developed which should promising outcome in averting death. These are drugs that neutralize the bacterial endotoxin such as monoclonal antibodies to endotoxins and drugs that interfere with the mediators of inflammatory response such as monoclonal antibodies to tumor necrosis factor alpha. Another promising drug for severe sepsis is d rotrecogin alfa or recombinant human activated protein C which has shown antithrombotic, antiinflammatory, and profibrinolytic properties. A clinical study has shown that the drug significantly reduced the mortality in severe sepsis although due to its antithrombotic properties, the patients are at a higher risk of bleeding (Bernard, et al 2001).Further studies are necessary to better understand the pathogenesis leading to sepsis. The knowledge gained in these studies which further enhance the development of newer drugs with better safety profile. In addition, more clinical trials are important to assess the drug efficacy of existing drugs so that better management of sepsis can be formulated to improve the morbidity and mortality of the disease.
Saturday, March 7, 2020
Couples Only Essay
Couples Only Essay Couples Only? Essay Lauren Huber-Garcia Mrs. Peterson English 1301-341 February 19, 2013 Couples Only? Whatââ¬â¢s the deal? Is it the fact that there are heterosexual couples that have rights and benefits available to them unlike the homosexual couples? Or is it based on whether or not people, no matter their sexual preference, are in a marital relationship with another being. This article tries to persuade citizens, especially singles, that giving benefits and rights to married couples, gay or straight, is unreasonable. The author comes from a singles personââ¬â¢s perspective, which ââ¬Å"donââ¬â¢t share in he deal given to married couplesâ⬠and bears a different viewpoint dealing with the gay marriage issue (Harrop 675). In Froma Harropââ¬â¢s ââ¬Å"Gay, Straight: Whatââ¬â¢s The Dealâ⬠, she explains ââ¬Å"the dealâ⬠through his use of the appeals to Logos, Pathos, and Ethos. In this article Harrop uses facts as examples to show that itââ¬â¢s neither fair nor right that married couples are allotted privileges that single Americans do not. Take the lesbian couple for example, ââ¬Å"â⬠¦the women filed a medical-malpractice lawsuit. One of them suffered from advanced breast cancer, which the suit claimed, a doctor had failed to detect. The other wanted to collect for ââ¬Å"loss of consortium.â⬠(Harrop 675). The author belittles the couple for the ââ¬Å"collection of monetaryâ⬠which makes it seem as if she is blaming the use of the benefits that are given to married couples. The author uses this fact and compares it to those people who are close but are in a non-marital relationship. ââ¬Å"You canââ¬â¢t read this without thinking about similar hurts being felt all the time in non-marital relationshipsâ⬠¦ Why canââ¬â¢t they sue for loss of companionship, also?â⬠(Harrop 675). On the pathos she uses emotion and an angry tone that makes her irritation over gay marriage clear as well as use the word ââ¬Å"youâ⬠and ââ¬Å"usâ⬠to make the examples seem more real and personable. ââ¬Å"In doing this, the senators have earned my gratitude- though for reasons not directly related to gay rights. Rather the move will spare us all some of the repetitive back-and-forth that has characterized this debate.â⬠(Harrop 675). This technique Harrop uses allows for the author and the single American audience to meet in the middle and find some common ground on this issue. ââ¬Å"What really rankles me...â⬠and ââ¬Å"So much attention is paid to married couples that most of the public- including single people themselves- think of unmarried adults as a marginal minority.â⬠Further show her anger of the treatment towards the single Americans (Harrop 675). Another use of pathos is show in the example about the sisters. ââ¬Å"Government should have no interest in a citizenââ¬â¢s marital status. It certainly has no business sending a bigger tax bill to cohabiting sisters that to a man-and-wife team reporting the same income and deductions as the sisters.â⬠with this the author implies that the status of the relationship does not set the morality of the government and their beliefs (Harrop 676). By using the choices of words she does, its allows for the audience to see how compassionate she is about this issue and that it is r eally important to her that she portrays that to her readers. What helps make this article a persuasive article is the ethos appeal. ââ¬Å"Quickie marriages get more legal respect that friendships lasting decades.â⬠(Harrop 675). This helps her portray that society does not approve of this certain action just to receive the benefits. Harrop gains the credibility and the sense of confidence by using examples that everyday people in society can relate to. For example Britney Spears ââ¬Å"An hour after Britney Spears gets hooked to her next husband, the federal government will shower her with all sorts of rights and benefits not available to the man who has spent eight years caring for a
Wednesday, February 19, 2020
Case 12-1; Litchfield Corporation Essay Example | Topics and Well Written Essays - 500 words
Case 12-1; Litchfield Corporation - Essay Example This means that despite Litchfield Corporation of a favourable environment to operate in the UK, the perceived profits will decline as the margin is to be taxed by the federal government. The establishment of an offshore subsidiary firm enables the institution split its profits into two where; export profits from the sale of the umbrellas to the subsidiary which is subject to income tax while export profits from the subsidiary sales to foreign buyers is not subject to the US federal income tax unless distributed to the parent firm in the form of a dividend (Burman & Slemrod, 2013). Litchfield Corporationââ¬â¢s ambitious expansion certainly will have to handle and manage the risks that are associated with exportation so as to ensure maximum profitability and limits losses. The risks likely to be encountered include; Credit risk; this might affect the parent company since the credit worthiness of the offshore subsidiary may be questionable. The credit worthiness limits the risk of late payments, non-payments hence minimizes the risk of reduced profits. Transportation and logistics; the company faces the risks associated with movement of goods over long geographical locations. This increases the costs of operation since more is invested in risk transfer and profit margins are likely to be reduced. Therefore, the risks that might likely to affect the business need to be identified and proper steps undertaken so as to minimize the risk of loss of profit. Some of the risk management options include; insurance that covers country risk cover, credit risk cover, and transit risk cover ensuring that Litchfield competes profitably in UK. Cost-based; this is transfer price based on the cost of production of material. This determination is set to include a profit margin for the producer. However, the simplicity of application of the cost based transfer price method, two problems arise such as the measure of
Tuesday, February 4, 2020
Networking Assignment Example | Topics and Well Written Essays - 500 words - 2
Networking - Assignment Example For this company I suggest the use of NAPT so that it can allow the companyââ¬â¢s computers to participate concurrently in operations. This is the simplest type, which allows for one to one use of IP address. It is where the IP head checksum and IP address only needs to be changed (Kurose & Keith 93). Security reasons-this is because the system provides automatic firewall system security without any complex set up. This is because it allows for connectivity that is from inside network. This implies that an internal user is able to connect to FTP server outside the system but an outsider cannot access the internal FTP server since it does not originate from the source. This thus means that the companyââ¬â¢s information is safe and cannot be accessed by unauthorized person (Kurose & Keith 112). Administrative reasons-this is in terms of dividing the network into small units whereby the small parts are exposed to an IP address thus other computers can be connected or disconnected without affecting the outside networks. Again, NAT through its gateways can give a way to prohibit access to the internet, which allows the administration to restrict users from accessing bad materials. Moreover, NAT allows several computers to have connections on the same network courtesy of operations through an IP packet-level (Wendell, Rus, Denise 78). To assign these addresses to devices, a special program will be run in the machine to install the address into its hard memory and saved. Then the program is deleted to ensure that address belongs to that devices and can never be changed any time in the future (Wendell, Rus, Denise
Monday, January 27, 2020
Law Of Evidence Analysis Of Similar Fact Evidence Law Essay
Law Of Evidence Analysis Of Similar Fact Evidence Law Essay The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of facts in issue or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Since stakes in criminal trials are generally high, prosecution would have to prove the accuseds guilt beyond a reasonable doubt. Since similar fact evidence as evinced in sà 11(b), 14 and 15 of the Evidence Act(EA) can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the EA and reflect the common laws prejudicial propensity balancing test. 2. Similar Fact Evidence A. Background Similar fact evidence is not directly connected to the case but is admitted to prove the existence of facts in issue due to its general similitude.The worry that the trier of facts would convict the accused based solely on evidence of prior conduct has generally led to the inadmissibility of such evidence in the trial as this is severely prejudicial. This concern is amplified in bench trials. Studies have suggested that judges were as influenced as laypersons when exposed to inadmissible evidence, such as prior convictions, even when they held that these evidences were inadmissible.à [6]à This is despite strong confidence in the judges ability to remain neutral to the inadmissible facts.à [7]à Hence, the accuseds past similar offence or behaviour is inadmissible as similar fact evidence based on pure propensity reasoning would colour the courts ability to assess the evidence [objectively].à [8]à Nonetheless, the mere prejudicial effect of such evidence does not render it inadmissible. It may be highly relevant, especially when such evidence is used to determine whether the acts in question were deliberate or to rebut a defence that could have been available.à [9]à B. EA Under sà 5 of the EA, a fact is only relevant if it falls within one of the relevancy provisionsà [10]à stated in sà 6 to sà 10 of the EA. These provisions govern specifically the facts in issue, i.e. determinant facts that would decide whether the accused is guilty according to the substantive law governing that offence.In addition, sà 11(b) was enacted to be the residuary category for the relevancy provisions. In contrast, similar fact evidence is primarily administrated by sà 14 and sà 15 as it is concerned with conduct that is merely similar in nature to those facts in issueà [13]à . sà 14 is applicable only when the state of mind of the accused is in issue. Similar fact evidence is admissible to prove mens rea or to rebut the defence of good faith.à [14]à sà 15 deals with similar fact evidence that forms a series of similar occurrences to prove the mens rea of the accused,à [15]à and enables the prosecution to produce evidence to rebut a potential defence otherwise open to the accused.à [16]à Admission of similar fact evidence under the EA is based on a categorization approachà [17]à , where such evidence is admissible pursuant to the exceptions stated in the EAà [18]à . Hence, similar fact evidence should only be admissible to prove the mens rea of the accused under sà 14 and 15.à [19]à Significantly, Singapore, India, Malaysia and Sri Lanka have identical sà 11, 14 and 15 provisions in their respective Evidence enactments. With the exception of the Indian Evidence Actà [20]à , the three sections have not been amended since the 19th century.à [21]à C. Case Law Interpretation of Similar Fact Evidence in EA Singapore courts have not strictly adhered to the draftmans intention in recent cases.à [22]à The court has incorporated common laws balancing testà [23]à where the judge would balance between the probative and prejudicial effect of the similar fact evidence.à [24]à In Lee Kwang Peng v PPà [25]à , scope of similar fact evidence was extended to prove actus reus. Pursuant to sà 11(b), the court was of the view that the section embodiedà [26]à the balancing test. Hence, similar fact evidence is admissible to prove both mens reas and actus reus.à [27]à Although readily admitting that this would be contrary to the draftsmans intention, then Chief Justice Yong held that the EA should be a facilitative statute rather than a mere codification of Stephens statement of the law of evidenceà [28]à . The courts, until Law Society of Singapore v Tan Guat Neo Phyllisà [29]à (Phyllis Tan), were generally of the opinion that they had the discretion to exclude evidence substantially unfair to the accused.à [30]à D. Under the Criminal Procedure Code Act (2010)à [31]à (CPC) sà 266 of CPC, dealing specifically with stolen goods, allows previous convictions of the accused to be admitted to rebut his defence of good faith and/or prove mens rea. However, notice would have to be given to the accused before adducing such evidenceà [32]à . E. In Comparison to Common Law Unlike the EA, admissibility of criminal evidence at common law is exclusionary. As long as the evidence is logically probative, it is admissible unless it contravenes clear public policy or other laws.à [33]à In Makin v A-G for NSWà [34]à , Lord Herschell formulated the two-limbed rule governing the admissibility of similar fact evidence. Under the first limb, the prosecution is not allowed to adduce similar fact evidence for pure propensity reasoning. However, under the second limb, evidence of the accuseds past conduct is admissible if relevant to the facts in issue via the categorization approach.à [35]à Boardman v PPà [36]à reformulated these rules by incorporating the balancing test. Under this test, the probative force of the similar fact evidence must outweigh the prejudicial effect. Furthermore, such evidence should be strikingly similar, such that it would offend common sense if the evidence is excluded.à [37]à However, the requirement of striking similarity was deemed to be too narrow in DPP v PPà [38]à . Instead, sufficient probative force could be gleaned from other circumstancesà [39]à . Nonetheless, similar fact evidence used to prove identity must be sufficiently special to portray a signature or other special feature that would reasonably point to the accused as the perpetuator of the crime.à [40]à Hence, similar fact evidence is admissible to establish actus reusà [41]à . F. Defects of EA Singapore courts have incorporated common law principles and extended the applicability of similar fact evidence to prove actus reus. This has resulted in inconsistencies between the draftsmans intention and the courts approach. Further, there are some ambiguities that require clarification. First, there are difficulties superimposing the Boardmans balancing test into sà 11, 14 and 15à [42]à as the EA was drafted to suit the categorization approach. The court would have to admit evidence falling under either section even if it may not be very probative or is highly prejudicial. Hence, sà 14 and sà 15 address only the probative part of the balancing test and leave no room for prejudicial effect considerations.à [43]à As a result, judicial discretion to exclude very detrimental evidence was developed.à [44]à Second, although allowing similar fact evidence to prove actus reus would require the judge to evoke an additional step of inferenceà [45]à , limiting the use of this evidence to prove mens rea would allow extremely probative evidence to be excludedà [46]à . Third, admissibility rules under the EA do not distinguish situations where the accused adduced similar fact evidence unintentionally. An injurious consequence would result if the prosecution is entitled to use such evidence.à [47]à Fourth, under s 15, a single act, no matter how probative, is inadmissible.à [48]à However, this does not take into account the consideration that an act may be capable of supporting the argument based on the rarity of circumstancesà [49]à . Fifth, the courts have admitted similar fact evidence pursuant to sà 11à (b) although it may not be pertinent to the facts in issue. Hence, EA should be amended to provide safeguards against such usage of sà 11(b). Lastly, in light of Phyllis Tanà [50]à , more protection against admissibility of similar fact evidence should be incorporated into the EA. 3. Possible Options A. Survey of the other Jurisdiction (1) Australia Uniform Evidence Actsà [51]à (UEA) Under UEA, propensity evidence and similar fact evidence are governed by the tendency rule in s 97 and the coincidence rule in sà 98. (a) Tendency Rule Evidence pertaining to the character, reputation, conduct or a tendency that the accused possessed is inadmissible unless (a) notice is given to the accused and (b) the evidence has significant probative value. Although UEA does not state how probative the evidence has to be, probative value of the evidence is defined the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.à [52]à Operation of sà 97 would be invoked when the evidence is adduced for the purpose of proving the accuseds inherent tendency to act in a particular way.à [53]à (b) Coincidence Rule As a general rule, evidence of related events which must be substantially and relevantly similarà [54]à would be inadmissible unless notice is given and the court is convinced that it possesses significant probative valueà [55]à . (c) Criminal Proceedings A safeguard was inserted in relation to criminal proceedings under sà 101 where the probative value of either the tendency or coincidence evidence would have to substantially outweigh any prejudicial effect. However, the degree of probativeness need notà [56]à be of such a degree that only one conclusion, i.e. culpability of the accused, could be drawnà [57]à . (No rationale explanation test) (d) Analysis UEA clearly adopts the balancing test approach, where the probative effect of the evidence must substantially outweigh the prejudicial effect on the accused. Furthermore, the introduction of the notice system would reduce the prejudicial effect as the accused not be unduly surprised. However, as pointed out by the Australian Law Reform Commission, there is much ambiguity in what constitutes significantly probative and when the probative effect will substantially outweigh the prejudicial effect. Significantly, in Australia, the trier of fact and law are different. Heavy reliance on the judges discretions, added with the ambiguity and wide application of the balancing test, would increase the risk of prejudice in bench trials. (2) India Statutory Amendments Some amendments to sà 11, 14 and 15 of The Indian Evidence Actà [58]à , upon which the EA was modeled onà [59]à , had been made pursuant to a review in 2003.à [60]à However, the changes made were very minor.à [61]à (a) Section 11 An explanation, inserted after sà 11(2)à [62]à , qualified the type of evidence rendered relevant under sà 11 such that the degree of relevancy is dependent on the opinion of the Courtà [63]à . (b) Section 14 Clarifications to illustration (h) of sà 14 were made such that the similar fact evidence has to show that A either had constructive or actual knowledge of the public notice of the loss of the property.à [64]à (c) Section 15 The changes merely show that the acts made, pursuant to s 15, must be done by the same person.à [65]à (d) Analysis It would appear that the amendments to the Indian Evidence Act do not have any substantial impact on the law. However, the amendment of sà 11 explicitly mentions that the degree of relevancy of facts is subjected to the opinions of the court, which suggests an approach more in line with the balancing test. (3) England and Wales Criminal Justice Act 2003à [66]à (CJA) The admissibility of criminal evidence is presently governed entirelyà [67]à by the CJA. Part II of CJA addresses the admissibility of bad characterà [68]à evidence, which is defined as a persons disposition for a particular misconduct. Evidence of the defendants bad character can be adduced if it falls under one of the seven gateways under s 101(1)à [69]à . Significantly, under s 101 (1) (d), bad character evidence is admissible if it is relevant to an important issue between the defendant and the prosecutionà [70]à . This includes the propensity to commit a particular type of offence which the accused is charged with or the propensity to lieà [71]à . Moreover, past convictions may be admissible to prove the defendants propensity to commit the crime he was charged with.à [72]à Regardless, sà 101 (3) allows the court to exclude evidence, falling under s 101à (1)(d), upon the application of the defendant if the court views that admission of such evidence would infringe on the fairness of the proceedings.à [73]à The scope for the admissibility of bad character evidence has widened under the CJA.à [74]à In fact, evidence of bad character has changed from one of prima facie inadmissibility to that of prima facie admissibilityà [75]à . Although, under sà 103, bad character evidence would be inadmissible if it does not heighten the culpability of the accused, suggesting that the evidence must have some probative force, it appears that the CJA has abandoned the balancing test. Hence, similar fact evidence in the form of bad character evidence would be inadmissible if it lacks probative value in the establishment of the defendants culpability. However, sà 101 (1), with the exception of sà 101(1)(e), merely requires the evidence to be probative, without the need to outweigh prejudicial effect. 4. Proposal The EA would require more than a mere amendment. Hence, the type of reform advocated under the Indian Evidence Act should not be adopted. However, a radical change from the categorization approach to the balancing approach, following UEA, would give the court too much discretion. This is worrying as judges may not be entirely indifferent to inadmissible facts when deciding the case. On the other hand, the approach under the CJA would be contrary to Phyllis Tanà [76]à and potentially allows highly prejudicial similar fact evidence to be admissible as long as the prosecution can show some probative value which points towards the guilt of the accused. Hence, a hybridised model should be adopted where the categorisation approach under s 14 and s 15 is kept, but admissibility of such evidence must be subjected to the balancing test. A. Amendments (1) Changes to the Headings sà 5 to s 16, under the general heading of Relevancy of facts, could be further sub-divided. First, sà 5 to sà 11 should be placed under a sub-heading of Governing Facts in issuesà [77]à . Second, sà 12 to sà 16 could be placed under Relevancy of other facts sub-heading. This sub-division of the relevancy provisions would clarify the functions of each section and discourage courts from admitting similar fact evidence which does not have a specific connection with the facts in issue via s 11(b). (2) Incorporating balancing test Most importantly, EA should be amended to include the balancing test with guidance drawn from the UEA, such that the probative value of the similar fact evidence should substantially outweigh the prejudicial effect. However, the definition of substantially outweigh should be left undefined and allowed to develop under the common law. The courts could draw assistance from the Australian case law. (3) Proving Identity A provision could be inserted to the EA allowing similar fact evidence to prove that the accused was responsible for the offence. In addition to the balancing test, the provision should also reflect the proposition that that such similar fact evidence must satisfy the threshold test of being strikingly similar to the offence, almost akin to a signature or special feature of the accused. However, it is submitted that the extension of similar fact evidence to prove actus reus should be limited to the situation where the identity of the perpetuator is in doubt. B. Clarifications (1) Similar fact evidence produced by the accused mistakenly It is proposed that such evidence should subjected to a higher standard of balancing test where the probative value substantially outweighs prejudicial effect. (2) Only prior convictions are allowed Prior acquittals should not be admissible as similar fact evidence as this would be unduly prejudicial to the accused. Furthermore, this could result in the undesirable situation whereby the accused is subjected to a second round of trials with regards to the prior charges. In relation to the type of prior convictions that should be allowed, the EA should incorporate the definitions found in s 103(2)à [78]à and sà 103(4)à [79]à of the CJA. (3) Clarification of s. 15 sà 15 should be extended to include single act or conduct of the accused to rebut the defendants defence of accident. However, in light of a potential danger of placing too much importance on a single episode, a qualification, such as the no rationale reasonà [80]à test, should be implemented along with the extension of sà 15. 5. Additional Safeguards A system of notice, as seen in UEA, should be included into the EA. This reduces the prejudicial effect as the evidence would not be a surprise. Furthermore, this approach would be in line with the CPC, which has already adopted such a procedural reform. 6. Conclusion Regarded as one of the most difficult area of the law of evidence, similar fact evidence can serve as a double-edged sword. It has the potential to convict the accused although the facts do not relate to the facts in issue and is highly prejudicial to the defendant. In light of the rapid development of the rules governing the admissibility of similar fact evidence under the common law and the recent trend of common law countries codifying the test of admissibility into statutes, the EA should be reformed to reflect these developments, instead of relying on case law which can lead to inconsistency and uncertainty. Further, as information of a persons past is easily obtained with present technological advancements, safeguards against similar fact evidence should be incorporated so as to ensure a fair trial.
Sunday, January 19, 2020
Person Centred Risk Essay
Traditional methods of risk assessment are full of charts and scoring systems, but the person, their objectives, dreams and life seem to get lost somewhere in the pages of tick boxes and statistics. A person centred approach seeks to focus on peopleââ¬â¢s rights to have the lifestyle that they chose, including the right to make ââ¬Ëbadââ¬â¢ decisions. see more:explain how to encourage the individual to take positive risks while maintaining safety The approach described here uses person centred thinking tools, to help people and those who care about them most think in a positive and productive way about how to ensure that they can achieve the changes they want to see while keeping the issue of risk in its place. This in essence is a process to gather, in partnership with the person, the fullest information and evidence to demonstrate that we have thought deeply about all the issues involved. Decisions are then guided by what is important to the person, what is needed to keep them healthy and safe and on what the law says. Papers and Articles Supported Decision Making A key part of risk is decision making. We have co-written a booklet on Supported Decision Making. To view this booklet see the downloads box on the left. A Positive Approach to Risk Requires Person Centred Thinking Max Neill, Julie Allen, Neil Woodhead, Stephen Reid, Lori Irwin and Helen Sanderson 2008 This article looks at the issue of risk in the lives of people who are supported by human services. More accurately, it looks at how the issue of risk, as it has traditionally been approached by these services, imposes a barrier to social inclusion and to an interesting and productive life. The article also proposes an alternative person centred risk process that by beginning with a focus on who the person is, their gifts and skills, and offering a positive vision of success, could avoid the implied aversion to any form of risk embedded in the traditional approaches and attitudes. The full exposition of this process is described in the ââ¬ËPerson Centred Risk Course Bookââ¬â¢ (Allen et al 2008). The problems of traditional risk assessment are becoming increasingly recognised by people who use human services, their families and carers, and now by many service providers, who are looking for alternative approaches to risk: ââ¬Ëthorough, professional, personalised risk managementââ¬â¢ (Bates and Silberman 2007 p6) that recognise that life and risk are inseparable, and that look at risk from the point of view of the person, their family and friends and the wider community, rather than solely from the point of view of the service provider. Bates and Silberman argue that any such positive approach to risk would need to meet a number of requirements, and see it as the ââ¬Ëholy grailââ¬â¢ of mental health and other services. The authors of this article have been working on applying Person Centred Thinking Tools to the issue of risk, building them in to a ââ¬ËPerson Centred Approach to Riskââ¬â¢. We believe this alternative approach does not lose the person in a sea of tick boxes and charts, that it has a more balanced approach to risk, having an inbuilt assumption that the purpose of any risk assessment is just as much about the happiness of the person, their family and the community as it is about their safety. We also believe that the ââ¬ËPerson Centred Approach to Riskââ¬â¢ can be demonstrated to meet all the requirements set by Bates and Silberman in their article, and that it provides a productive way for many people who wish to take meaningful steps forward in their lives, but find themselves trapped in a boring unproductive and segregated lifestyles by traditional service-centred approaches to risk. Finally we argue that any positive approach to risk must include the basic tenets of all Person Centred Approaches; keeping the person at the centre, treating family and friends as partners, a focus on what is important to the person, an intent to build connections with the community, being prepared to go beyond conventional service options, and continuing to listen and learn with the person. What is ââ¬ËRiskââ¬â¢? The experience of many people who have to rely on human services for their support is that ââ¬Ëriskââ¬â¢ is the reason given to them by services why they cannot do the things that other people are doing every day. When we delve into the word ââ¬Ëriskââ¬â¢, we find that it has a multitude of meanings, and that it is nowhere near as clear and precise as the advocates of traditional risk assessment assert, for example Hansson (2002) identifies five different common uses for the word risk, and Ekberg points out a ââ¬Å"proliferation of risk definitionsâ⬠and a whole range of different understandings of risk (2007 p345). Risk literature often separates ââ¬Ëriskââ¬â¢ from ââ¬Ëuncertaintyââ¬â¢, defining the risk as a measurable probability that something will happen, however, even where experts claim they can give an exact probability value to a risk, there is always a possibility that the experts may be wrong (Hansson 2002 p4). In common usage the words ââ¬Ëriskââ¬â¢ and ââ¬Ëuncertaintyââ¬â¢ are often synonymous (Lupton 1999 p9) Risk is sometimes used as a verb: a person ââ¬Ërisksââ¬â¢ doing something, and sometimes a noun: a person is labelled as being a ââ¬Ërisk to societyââ¬â¢. The drive for a single definition of ââ¬ËRiskââ¬â¢ has been described as ââ¬Å"a futile form of linguistic imperialismâ⬠(Hansson 2000 p3), he argues that risk in itââ¬â¢s popular usage is just as valid as the narrow technical values attached to the term, as this allows the inclusion of philosophical and ethical values, the bargaining and compromises that are excluded from ââ¬Å"the expert-driven risk analysis processâ⬠but are essential for social and political decision making processes (ibid pp5-8). Risk decision making is often complicated by the fact that the person or group taking the decision is not always the person or group affected by the risk. Hansson argues that ââ¬Å"risks are inextricably connected with interpersonal relationships. They do not just ââ¬Ëexistââ¬â¢; they are taken, run or imposedâ⬠(2000 p4). Differences in power and status affect the extent to which people influence risk decision making ââ¬â the views of developers wishing to build a dam across a river may well be given more weight than those of people living nearby that river. Where a person with less power and status might wish to take a risk, and the consequences of that risk would affect more powerful people, it is more likely that they will be prevented from taking it. This is the problem faced by people supported by services and professionals, where those services and professionals fear various real and imagined consequences to them of the risk taking of the people they support. www.helensandersonassociates.co.uk This problem is deepened in modern society as the power of the news media can mean that the unpredictable actions of an individual can now have an amplified impact on the reputation of services, and on political and corporate institutions. Services that are now becoming increasingly concerned with ââ¬Ëreputational risk managementââ¬â¢ find that this demands ââ¬Å"The risk management of everythingâ⬠(Power 2004 p36). In the case of human services, this means an ever more intrusive and obsessive focus on every aspect of the lives, behaviours and potential behaviours of the people they support. It can also mean the increasing ââ¬Ëproceduralisationââ¬â¢ of work, as defensive practice and blame avoidance (ibid p46) become more important than the particular lives of individual people. Risk can become a highly charged and politically loaded issue. The parties involved can have very different interests at stake in debates about particular risks, and these can often be prone to become full on conflicts, leading to different parties taking entrenched positions that prevent cooperation, agreement and action and further trap the person. Person Centred Approaches, with their focus on the person and strategy of building an alliance of supporters around the person can often cut across this entrenchment and generate new and creative ways forward, providing that services are prepared to face this challenge. This is now being recognised by government departments, the Department of Health publication ââ¬ËIndependence Choice and Riskââ¬â¢ wholeheartedly commends person centred approaches for everyone because they ââ¬Å"identify what is important to a person from his or her own perspective and find appropriate solutionsâ⬠(DOH 2007 p4) Regulators too want to see the balance of risk decision making shifting toward ââ¬Å"supporting individuals who choose to take informed risks in order to improve the quality of their livesâ⬠( CSCI 2006 pvii) in this case CSCI are talking about older people, but this shift in attitude to risk is being advocated for all services that offer health or social care to human beings. For the purposes of this article, we are considering ââ¬Ëriskââ¬â¢ as it presents to people that use services ââ¬â any issue, real or imagined, which is being used as an objection to their moving toward increased inclusion in community life. What is Wrong with Traditional Risk Assessment? A focus on risk ââ¬Å"encourages practitioners to look for what is going wrong rather than what is going rightâ⬠(Booth and Booth 1998 p205) Traditional technocratic and spuriously ââ¬Ëobjectiveââ¬â¢ approaches to risk ââ¬Ëlose the personââ¬â¢ ââ¬â philosophically they treat the person as an object to be assessed by the ââ¬Ëexpertsââ¬â¢ rather than as an agent in their own lives, part of a family, community, society, with legal rights and choices. They focus on what is wrong with the person, often treating the person as a problem to be managed rather than a person to be enabled to fulfil their ambitions and offer a contribution to society. Alaszewski and Alaszewski (2002) argue that ââ¬Å"If agencies and their employees take a narrow hazard approach to risk, they will contribute to the disempowerment of people with learning disabilitiesâ⬠Power (2004) calls for ââ¬Ëintelligentââ¬â¢ risk management that does not ââ¬Å"swamp managerial attention and independent critical imaginationâ⬠is characterised by ââ¬Å"learning and experiment rather than rule based processesâ⬠and which can be sustained subject to challenge, questioning and criticism (p61), while the Better Regulation Commission has called for an emphasis in risk management on ââ¬Å"resilience, self reliance, freedom, innovation and a spirit of adventureâ⬠(BRC 2006 p3). The government too is calling for ââ¬Å"A culture of choice that entails responsible, supported decision makingâ⬠(Lewis 2007 p1) and calls for everyone involved in the lives of people who use services to ââ¬Å"work together to help people achieve their potential without compromising their safetyâ⬠(ibid p2). To give proper balanced consideration to issues of risk and achievement in the diverse and complex lives of human beings, we need an entirely different approach from the methods that services use to ââ¬Ërisk assessââ¬â¢ their hoists, fridges and kettles. Bates and Silbermanââ¬â¢s ââ¬ËHoly Grailââ¬â¢ Criteria. Bates and Silberman have described effective risk management as the ââ¬Å"ââ¬Ëholy grailââ¬â¢ of mental health and other care servicesâ⬠(2007 p6) They see it as finding an integrated balance between ââ¬Å"positive risk takingâ⬠around the values of autonomy and independence and a policy of protection for the person and the community based on minimising harm. While they do not give an exact description of what such an approach would look like, they give a list of 7 criteria that any such approach would have to fulfil, these being: Involvement of Service Users and Relatives in Risk Assessment. Positive and Informed Risk Taking. Proportionality. Contextualising Behaviour. Defensible Decision Making. A Learning Culture. Tolerable Risks. A Person Centred Approach To Risk There are many different tools and approaches available to support Person Centred Thinking, many of which have come from ââ¬Ëdeconstructingââ¬â¢ the processes of Smull and Sandersonââ¬â¢s (2005) ââ¬ËEssential Lifestyle Planningââ¬â¢ approach, while some have come from other strands in the growing family of Person Centred Approaches and by early work applying person centred approaches to risk by Duffy and Kinsella (Kinsella 2000). Practitioners of Person Centred Approaches who were unsatisfied with the traditional repertoire of Risk Management tools have begun to recombine these Person Centred Tools in innovative and creative ways, and to apply them to thinking, acting and learning around real risk situations. The learning from this experience, reflection and discussion has been refined and crystallised into a process that can be shared and applied constructively to different risk situations, bringing together people who use services and the people who know and care about them most to think about how they wish to move forward and the risks involved; making decisions, taking actions and learning together. We have called this process a ââ¬ËPerson Centred Approach to Riskââ¬â¢ (Allen et al 2008). In this section we will look at the ââ¬Ëholy grailââ¬â¢ criteria put forward by Bates and Silberman and show how we believe the Person Centred Approach to Risk fulfils these criteria. ââ¬Å"Involvement of service users and relatives in risk assessmentâ⬠: Involving the person concerned and the people that care about them most is one of the most fundamental tenets of any person centred approach. The process we have put together considers carefully the people that need to be involved, using the ââ¬ËRelationship Circleââ¬â¢ to help the person and their allies identify key people who could form the persons ââ¬Ëcircle of supportââ¬â¢. This group of people is involved from the outset, in the initial gathering of information, in the framing of what the risk under discussion actually is, in thinking that generates ideas and solutions, in evaluating these solutions, in decision making around the risk, in implementing the actions and in the learning that takes place during these actions. Bates and Silberman suggest that ââ¬Å"staff must understand what service users and others want, how they view their own risks and what responsibilities each person has in managing risks effectivelyâ⬠(2007 p7). The Person Centred Approach meets this by asking for a clear picture of what the person wishes to achieve, why this is important to the person, what success would look like, a history of the risk and uses the ââ¬Ëdoughnutââ¬â¢ tool and decision making agreement tools to look at staff roles and responsibilities, and at who will be responsible for different important decisions in relation to the risk. ââ¬Å"Positive and informed risk takingâ⬠: The process is built around a positive view of the person ââ¬â it seeks to learn what the personââ¬â¢s gifts and skills are, what people like and admire about them, as well as investigating what would be necessary to keep them and others safe while taking the risk. The process is based on finding creative solutions rather than simply ruling things out. Bates and Silberman argue here that quality of life should be ââ¬Å"maximised while people and communities are kept as safe as can be reasonably expected within a free societyâ⬠(2007 p7). Thinking around what it would take to keep the person and others safe while taking the risk is a key part of the Positive and Productive Process, as is the use of the ââ¬ËHappy/Safeââ¬â¢ grid, which looks at how much solutions would make the person happy, by meeting what is important to them, and how much they would keep them and others safe, by meeting what is important for them. One section of the process includes a question ââ¬Å"What does the law say?â⬠(Allen et al 2008 p20) enabling the process to be informed by the current law, including legislation such as the Human Rights Act. ââ¬Å"Proportionalityâ⬠: ââ¬Å"The management of the risk must match the gravity of potential harmâ⬠(ibid p8) Using the person centred thinking tools means flexibility. The more serious the issue, the more people and the more time can be spent considering it in greater detail. Unlike conventional risk assessment, the approach explores the consequences of NOT taking the risk, to the person, to their family, community and services, balancing these against the potential consequences of taking the risk. ââ¬Å"Contextualising Behaviourâ⬠: ââ¬Å"why did the person behave in this way? At this time? In this Situation?â⬠(ibid p8) Part of the process involves gathering together previous information about the person, including a history of the personââ¬â¢s experience of the risk issue from their own perspective, as well as other historical data, gleaned from a variety of sources including learning logs which look at what has worked and what has not worked in particular situations, and communication charts which explore a personââ¬â¢s words and behaviours, seeking their meanings and considering what the best response to these messages should be. The ââ¬Ë4+1 Questionsââ¬â¢ (What have we tried? what have we learned? What are we pleased about? what are we concerned about?) help not only to gain an understanding of a personââ¬â¢s behaviour in different contexts, but also to build a picture of what has been learned about what is the best support for that person. ââ¬Å"Defensible Decision Makingâ⬠: ââ¬Å"there is an explicit and justifiable rationale for the risk management decisionsâ⬠(Ibid p8): Following the person centred approach generates a clear trail of written records of what has been discussed, the different perspectives, issues and solutions that have been considered, along with any legal issues, such as the human rights act or the mental health act that might affect the risk decision. The paperwork generated during the process provides a clear rationale for why the decisions that emerge during the process have been taken, and why other options have been rejected. The rationale for decision making is also more clearly expounded and recorded than in traditional risk assessment forms in common usage. ââ¬Å"A Learning Cultureâ⬠The positive and productive approach to risk has a deep emphasis within it on ongoing learning using learning and reflective tools like the learning log, the 4+1 Questions and Whatââ¬â¢s Working/Whatââ¬â¢s not working, and by clearly defining for staff their core duties and their zone of judgement and creativity in relation to the risk. If it is part of a serious and concerted attempt by services to change their philosophy and practice in a person centred direction, it can contribute significantly to building a learning culture within organisations. ââ¬Å"Tolerable Risksâ⬠A key aspect of the Person Centred Approach is that it uses creative thinking techniques around methods to mitigate the risk and improve quality of life, moving from situations which make the person happy but unsafe, to where they and the community are safer, and from strategies where the person is ââ¬Ësafe but unhappyââ¬â¢, to where they can be happier. Experience of using the process is that it enables participants to take a more balanced and rational approach to risk, finding ways to enable the person to achieve what is important to them while considering what keeps that person and the community safe in a way that makes sense for that individual.
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