Should Defendants with Traumatic Brain Injuries Be Held Accountable for Their Actions Essay Example for Free

Should Defendants with Traumatic Brain Injuries Be Held Accountable for Their Actions Essay â€Å"Six weeks after getting his driver’s license, Christopher Tiegreen was in a car collision near his home in Gainesville, Ga. Tiegreen’s Isuzu Trooper flipped several times, causing severe head injuries. A month later, Tiegreen emerged from a coma a different person. The impact of the crash caused damage to the frontal lobe of his brain and sheared his brain stem. During his recovery and rehabilitation, the usually gentle Tiegreen became violent toward his mother, as well as with other family members and rehab staff. On Sept. 1, 2009, Tiegreen walked out of a duplex apartment where he was supposed to be under 24-hour supervision. In a yard nearby he attacked a young woman holding her 20-month-old son. He was charged with aggravated assault, criminal attempt to commit a felony, false imprisonment, battery, sexual battery and cruelty to a child in the third degree. † (Davis, 2012). Is Christopher Tiegreen a different person now, with a severely impaired mental capacity, because of his traumatic brain injury, or is he just an angry, violent person who has simply committed his first crime? More succinctly; do Traumatic Brain Injuries (TBI) cause violent behavior in previously â€Å"normal† people, or is the TBI personality change simply a smoke screen being used to defend people with dangerous personality traits who happen to have a brain injury? To begin with, a definition of Traumatic Brain Injury, especially as opposed to a head injury, as most people do confuse the two. The Mayo Clinic defines Traumatic Brain Injury as â€Å"Traumatic brain injury occurs when an external mechanical force causes brain dysfunction. The Mayo Clinic, 2012). Traumatic brain injury usually results from a violent blow or jolt to the head or body. An object penetrating the skull, such as a bullet or shattered piece of skull, also can cause traumatic brain injury. â€Å"(The Mayo Clinic, 2012). A Traumatic Brain Injury (TBI) is not a â€Å"head injury†, it is not a concussion nor an injury to the skull or spine; it is exclusively an injury the brain (and/or brain stem). With the definition clear, we see that the statistics regarding TBIs are shocking; Dr. William Winslade provides the following information from 2003, â€Å"Traumatic brain injury for decades has been, and continues to be, a major public health problem in the United States. Car crashes, gunshot wounds, falls and sports injuries account for two million brain injuries a year, nearly 400,000 hospital admissions, and at least 60,000 deaths. Approximately 90,000 people suffer a severe brain injury and survive but require extended, expensive rehabilitation. Some 2,000 people a year lapse into permanent unconsciousness lasting for months or years before they die. † (Winslade, 2003). Some survivors of traumatic brain injury fully recover, but many others experience a multitude of cognitive, emotional and behavioral disabilities. † (Winslade, 2003). As a survivor of a traumatic Brain Injury, the patient faces a myriad of recovery issues, not simply medical issues such as headaches, lethargy, pain in the distal limbs, speech issues, attention deficit and memory loss may affect cognitive functioning. Per Dr. William Winslade, an expert on Traumatic Brain Injuries; the changes in an individual with a TBI are profound and noticeable â€Å"Personality changes are common. Those who were calm and controlled may become quick-tempered and impulsive. In some people anger erupts into aggressive attacks on others. Many with severe brain injuries lack the ability to control their thoughts, emotions, impulses and their conduct. They may become uninhibited, promiscuous, anxious, paranoid or violent. † (Winslade, 2003). It is precisely these personality changes that makes Traumatic Brain Injuries so different from â€Å"head injuries† such as concussions, which do not present any marked changes is personality. Courts in the United States have increasingly been faced with the question as to whether or not the profound changes that are associated with TBIs should be considered a mitigating factor in trying defendants with the injury, or in determining what their sentences should be and where they should serve their time, if any; in a prison or in a mental health facility. â€Å"According to Duke University researcher Nita Farahany, the number of cases in which judges have mentioned neuroscience evidence in their opinion increased from 112 in 2007 to more than 1,500 in 2011. † (Koebler, 2012). The use of neuroscience in the courtroom is definitely increasing, Nita Farahany has been tracking criminal cases in which â€Å"lawyers have introduced neuroscientific evidence since 2004. By combing legal opinions, she’s found about 2,000 examples, with 600 of those cases in 2011 alone. † (Davis, 2012). â€Å"While attorneys have tried to win cases based on the lack of control over impulses based on the defendant having a TBI, † The biggest way in which neuroscience is being used in the courtroom is to mitigate punishment in one way or another, Farahany says, adding that its almost exclusively used in death penalty cases. They say they have a history of brain injury and trauma to say I have a different brain than the average person. Because of that difference, I have less control over myself. (Koebler, 2012). While medical scan, such as CAT scans and MRIs can show a difference in the appearance of the brain itself, there is scant evidence that these damaged brains are actually the cause of crimes committed by defendants suffering from a personality change brought on by a Traumatic Brain Injury. The science behind these brain scans is still in its infancy, but neuroscientists point to anecdotal evidence that traumatic brain injury or brain abnormalities can cause criminal behavior. † (Koebler, 2012). There is a case that many legal professionals point to when arguing the point for special consideration when trying or sentencing a defendant with a TBI. â€Å"In 2002, a 40-year-old Virginia teacher was caught viewing child pornography and making advances on his stepdaughter. He was convicted of child molestation, but the night before he went to jail, he went to the doctor with a crippling headache and confessed he might commit rape. Doctors found something they didnt expect: A brain tumor. The cancerous tumor was putting pressure on his orbifrontal cortex, which controls impulse and judgment. The tumor was removed, and the man no longer exhibited pedophilic tendencies. † (Koebler, 2012). The fact that is most persuasive with this case is the fact that once the tumor, and the pressure it was exerting on the orbifrontal cortex, were removed the patient no longer exhibited any pedophilic tendencies. Could this be the answer to whether or not TBIs do so adversely affect individuals that the personality changes they exhibit should not be held against them in the legal forum? Not necessarily. â€Å"Daniel Martell, a forensic neuropsychologist who examined Weinstein and testified for the prosecution, says the brain images were nothing more than fancy pictures meant to stir a jury. â€Å"It was the Christmas tree effect,† Martell says. â€Å"Lots of people ooh and aah at the pictures. It doesn’t tell you anything about a person’s behavior. † (Davis, 2012). Martell makes the point that many attorneys take when faced with opposing counsel who is presenting the TBI defense, stating that the profound changes in persons with TBIs should be a mitigating factor in trials and during sentencing. That hasn’t stopped defense attorneys from trying to introduce evidence of damaged brains into the courtroom, including brain scans. One such case, frequently cited in law and neuroscience journals, is that of New York advertising executive Herbert Weinstein, 65, who was arrested on charges that he strangled his second wife, Barbara, and t hrew her out the window of their 12th-floor Manhattan apartment in 1991 during an argument about their children. Weinstein never denied killing his wife. His lawyer, Diarmuid White, argued that Weinstein was not himself due to an arachnoid cyst on his brain. White contended that the cyst caused pressure on part of Weinstein’s temporal lobe, compromising his self-control and emotional regulation. Zachary Weiss, the New York City district attorney who prosecuted the case, thought it was simply a matter of a man getting angry at his wife and killing her. That was until White sent him the brain scan during discovery. â€Å"I got this picture in the mail and thought you’ve got to be joking,† Weiss recalls. It got complicated. I called this the rich man’s defense. † Whether Weinstein’s brain made him do it or not, Weiss believes the case was important. â€Å"It opened up a debate academically about responsibility and free will, and how we evaluate scientific evidence,† says Weiss, twenty years after the case; Martell still believes brain scans don’t explain specific behaviors. â€Å"The problem is that the science has not come along to support what the scan means,† says Martell, now a Newport Beach, Calif. based consultant for criminal as well as civil cases. â€Å"Since the ’90s, we’ve been much better at generating the cool pictures than we are at explaining what they mean. † (Davis, 2012). The opinion that Martell expresses about TBIs is not rare; many in the legal profession see the whole TBI debate as another â€Å"smoke and mirror† defense on par with the famous â€Å"Twinkie† defense; interesting and impressive in the courtroom, but lacking in any real legal merit. There is a group of individuals whose TBIs are taken into special onsideration; combat veterans. â€Å"Am ong the growing number of cases involving neuroscientific evidence are those that involve combat veterans from Afghanistan and Iraq as defendants. † (Davis, 2012). â€Å"Dr. Chrisanne Gordon, a Columbus, Ohio, rehabilitation medicine specialist who works with brain-injured vets, is one of three authors who wrote a chapter about traumatic brain injury. â€Å"They’re not insane, they’re not retarded, but they frequently have issues with impulse control and fall through the cracks of the legal system,† she says. (Davis, 2012). Combat veterans pose a desperate problem for the court systems judging them as defendants; because their injuries are usually combat related most people view them with a particular amount of sympathy because they received their injury in a â€Å"heroic† manner; serving the country. Agreeing that veteran’s legal situations are difficult to handle, at best, it has been suggested that courts need to view veteran’s with an air of compassion. There are courts who are taking definitive steps when dealing with combat veteran’s with TBIs who have ended up as defendants. â€Å"One of veterans’ biggest allies in Ohio is state Supreme Court Justice Evelyn Stratton, who plans to work full time with veterans’ justice issues after she retires later this year. She supports the development of more veterans’ treatment courts and hopes to change sentencing guidelines to ensure judges in all courts look at a defendant’s military service record. We want them to look at war experience as mitigation,† she says. â€Å"And we want them at least to look at the causes of what happened. † (Davis, 2012). Traumatic Brain Injuries are not simple to define and apply to a law principle; they allow that a defendant can be found not guilty of a crime because of their mental health issues, saying, in essence, that the defendant is not responsible for their crime because they had no real understanding of their actions or the consequences thereof. It will take many more years of research, to produce empirical evidence to supplement the anecdotal evidence that does exist, to determine if the dramatic personality changes that patients with Traumatic Brain Injuries exhibit, has the brain been so physically damaged that the victims of TBIs are no longer able to control themselves, or is the Traumatic Brain Injury defense simply a criminal defense â€Å"flavor of the week. †

Computer Hackers :: essays research papers

What is the definition of the term â€Å"hacker?† Is it someone that terrorizes companies by shutting down computers and satellites otherwise rendering them helpless? Or is it merely someone that is curious as to how technology works? The United States Government doesn’t agree at all with the latter of the two. It is almost frightful that the Government of the United States, the most powerful force in the world, can be so discriminative. You think that they would be the ones with some sort of understanding. This is not the case. Although the government believes that computer hackers are an enormous threat to our country, I believe that if they came to an understanding with hacker ethics they would comprehend the fact that computer hackers are not terrorists.   Ã‚  Ã‚  Ã‚  Ã‚  It is the government’s belief that if a crime is committed and it involves a computer, hackers are the cause. No questions asked. Since when was the term â€Å"hacker† conceived as a person involved in malicious actions on a computer? A true hacker will cause no damage through any means. Hackers merely explore technology to figure out how things work so that they may share their findings as a protection from cyber terrorism and other potential harms. It has been stated that â€Å"Knowledge Is Power.† How is it that this power has become such a threat to our government? Former President Thomas Jefferson once wrote that â€Å"Ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like th e air in which we breathe, move, and have our physical being, incapable of confinement of exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Ideas and discoveries should be shared and known by all. Only then will we not suffer the fate of what has happened in history. This is how we learn not to do wrong; by doing wrong and realizing it was wrong (Goldstein 4). As humans we have the ability to learn this. A hot pan isn’t touched over and over again. Once it is learned that the pan is hot the necessity to touch it again becomes superfluous. All success comes from the failure of either the individual or someone that the individual has followed.

Importance of external factors Essay

In an organisation there are several factors influence the growth and performance of the organisation. There are some factors which are influence the organization can be controlled by the management but some factors are beyond the organisation management control. The factors which are controlled by the organisation known as internal factors and factors which are beyond the management control known as external factors such as Political, economical, social and technical factors. Political Factors: For BA political factors are very important for business growth. As this company is operating around the world and involved in air transport, country’s political tension can hamper its normal operation as well as the revenue income. Economical: economical factor is another important factor for such company. As still air travel is expensive, people’s ability to travel and economic conditions should be considered when planning for BA. As an example BA faced a huge loss when the European recession started. Technological: Total business related to BA is based on the technology. As the air transport sector is too competitive, all companies are always ready to grab the new technology as a gift for their potential customers. So, as leading company BA always has to consider the technological factors within its business. Expectations of a stakeholders Stakeholders include those individuals, groups, and other organizations who have an interest in the actions of an organization and who have the ability to influence it. The stakeholder approach systematically integrates executives’ concerns about organizational strategy with the organization’s interests in marketing, human resource management, public relations, organizational politics, and social responsibility. This integrative perspective assumes that an effective organization strategy requires  consensus from a plurality of key stakeholders about what it should be doing and how these things should be done. The level of stakeholders expectations are depends on the various factors and types of stakeholders in a company. Considering all afcts BA’s stakeholders expectations are stated below: o Risk management of the company, o Technological change within the company, o Financial and economical performance of the company, o Environmental and ethical engagement, o Contibution to social, cultural and economical, o Policy for the future external and internal factors, o Program to address any negative impact, o Future development and goals. Major changes in the external environment As a company in airline sector BA is operating and has many offices around the world. So the socio-economic factors regardless of geographic areas can be a good factor fro its strategic planning process. For example, BA had closed their all operation and office from most of south Asian countries due to the continuous loss. The main reason for that loss was economic bad conditions in that area. Like this many socio-economic factors can be the major issues for BA’s strategy making. During the political tension in middle-east many people ignored to travel with BA, which caused a huge loss for its yearly revenue. Another important change that could affect BA’s strategy is legal issues. BA faced various legal obligations in different countries that played a huge impact on their future staretgy. Many countries has different rules for their airline sector and BA has to follow those rules to operate its fleet in those countries. A SWOT analysis of BA can be included here to evaluate its possible major changes in external environment. Strength:​ 1. Merger and Acquisition ​ ​ 2. Opensky agreement, ​ ​ 3. Strong brand image ​ ​ 4. Expansion of fleet Weakness: ​ 1. Cost of management, ​ ​ 2. Decline profitability ​ ​ 3. Labour strike Opportunities: 1. Emergence of new market, ​ 2. Increased travel business in europe, ​ 3. Economic restoration, Threats: ​ 1. Raising fuel cost, ​ 2. Changing of consumers’ behaviour, ​ 3. Unstable political issues worldwide. PESTEL Analysis In order to measure success in airline industry, en external environmental analysis is very important. This PESTEL analysis will explain the BA’s position in the market, particularly in terms of competitors and how it assessing to meet its current and future challenges. Factor Key Points Implications for BA Political 1. Heavy regulations, 2. Increased security due to past attacks. 1. Compliance is essential, 2. Sufficient security measures should be in place. Economic 1. Global Economic Crisis, 2. Oil price is not stable, 3. UK consumer saw largest decline in spending. 1. Possible reduction of business travel. 2. Directly affecting the BA’s cost base. Social Technological 1. UK has an aging population, 2. Increasing unemployment. 1. Online user normally use comparison site. 2. Online booking and reservation becoming more popular. 1. Potential opportunity for growth as older person will spend more time in holiday. 2. Increased bargaining power for new employees. 1. Increased bargain power for both parties. 2. Must ensure that BA’s remain up to date. Ethical 1. Noise pollution control 2. Cancellations of flight and baggage loss. 1. New legislation, 2. Such ethical issues could have a detrimental effect on reputation if left unresolved. Legal 1. Collusion and price fixing. 2. Open skies agreement. 1. Restriction on mergers will have an impact on BA’s proposed alliance with American Airlines. 2. Opportunity for BA and its competitors to freely transport aircraft between the EU and US. Task 2 Analyse the effects of current business plan Any organisation has to have a detailed plan for their business. This plan determines the mission and vision of that organisation. The strategic planning team develop this business plan for the organisation. By assesing this plan any stakeholder or other external entities can get idea about the type and area of business. There are many tools for analysing the effects of such plan over the organisation. These analysis tools includes: SWOT Analysis, Value Chain Analysis, Porter’s Five Forces Analysis etc. To consider the effects of business plan on BA, author will use Porter’s Five forces tool here. British Airways- market position, by Porter’s Five forces: Force Strength 1. Competitive Rivalry: b. BA caters for other flights, c. There are very small diffrentiation between BA and other competitors in terms of pricing, d. Short Haul market is more fragmented by small players. 2. Power of Supplier: a. Only two suppliers for aircrafts, b. BA restricted by sole supplier of fuel to the airport. 3. Power of Buyer: a. For long haul, customers has no choice most of the time, b. Availability of flight and seats are not enough c. Price normally changes according to demand. 4. Threats to new Entrants: a. Competitive Environment, b. High regulatory requirements, c. High cost requirements. 5. Threats to substitutes: a. Very few direct closed substitutes, b. Short Haul flight: Euro Star or Ferry, c. Long Haul flights: No notable substitutes. High High Medium High Low Current Market poistion of BA In startegic manageemtn various tools are used to analyse the current market position of any organisation. These tools are proven technical analysis tools in management sector. The analysis tools that mostly used for the market position analysis are: BCG Matrix, GAP Analysis, Life Cycle Analysis, Market Share Analysis etc. In order to undertake the BA’s current market share analysis as asked in the course work, author here used two tools. These are below, BCG matrix Figure 1: BCG Matrix (Source: Emerald Insight 2012) British Airways had a great market share and low growth in last few years. It is evident that, they did not make any big investment either in their fleet or increasing the destination, which could make them cash cow. In recent, they changed their staretgies and concentrating on increasing fleet as well as expanding the geographical market. BA’s another big strategic decesion was merger with Liberia which finally done on the end of 2010. This merger will help to increase BA’s revenue as a one of the top in the avaiation inductry. By doing so, BA will not only generate the large amounts of money they will also consume large amount of money per year. Therefore the cash in every direction approximately nets out. This kind of activities proves that British Airways is becoming a Star but in slow process. Product/Service life cycle Introduction Stage By the 1920’s Britain had a lot of airline companies but due to strong competition many private British air carriers were forced out of business. In 1923 all these companies merged to form a single british international air carrier called the Imperial Air transport. Meanwhile, the british airways, had begun to impose a big threat and competition to imperial air transport which resulted in the formation of the British Overseas Airways Cooperation was formed (BOAC) that later combined with the BEA and 2 smaller companies formed the British Airways (BA) Growth Stage The growth can be easily marked by the introduction of the concorde into the BA. In 1985 British Airways was made a public limited company. In February 1987 the privatization was finally consummated when 720.2 million shares of British Airways stock were sold to the public for one billion pounds. Expansion of fleet and routes were even more noticeable after mergers with other carriers like Bcal (British Caledonian). Due to the expansion of BA, another carrier Laker Airways were also forced out of business. This marked how dominant BA was turning out to be in the air carrier sector. Maturity Stage The BA mergers assured the dominance of the carrier in the home market secure for the time being. During this stage alliances and mergers made/attempted by BA with other carriers in different markets were numerous: Aliiance with Aeroflot in Russia to create Air Russia. Attempted merger with KLM royal dutch airways. Broke down due to valuation of the two firms. Purchased 25% of Qantas airlines in Australia. Gained 49.9% of the French, TAT European Airlines. Started a german carrier called Deutsche BA with 49% ownership. Evaluate the competitive strength and weakness According to Jhonson (2008), a value chain analysis is undertaken when a authentic approach to develop competitive advantage has made. In here, in order to analyse the British Airways competitive advantages, value chain analysis has done. Figure 2: Value Chain Analysis (Source: Emerald Insight 2008) Value Chain Analysis: Primary activities within value-chain analysis are the ones that directly affect the business within short period of time and their affect is easy to monitor. They are inbound logistics, operations, operations, outbound logistics, marketing and sales, and post-sales services. Inbound logistics. Goods received from company suppliers are referred to as inbound logistics. Competitive advantage is achieved in inbound logistics stage of the business by BA through establishing on-going relationships with suppliers, sophisticated system for stock control and professional training that has been accredited by UK City and Guilds (BA Press Office, 2008) Operations. Generally, operations stage of the business involves preparing goods and services to be sold to customers. BA has a range of competitive advantages in operations part of the business through offering its customers increased security for their luggage, offering quick check-in services and also offering some services such as ticket bookings and booking of other services online. Marketing and sales are considered to be one of the main grounds for gaining competitive advantage and usually is utilised by many companies fully. Competitive edge gained in marketing and sales by BA involve  marketing activities not only to customers, but also to all stakeholders of the company. Also, BA senior management large amount of budget for marketing and sales initiatives for the company. Task 3 Strategic options for British Airways In order to develop strategic options for an organization using modeling tools, author here used Ansoff matrix. Here is the discussion with this tool. The Ansoff implies business growth either by marketing new or existing products in existing or new markets (Shaw 2011, 83). Market Penetration Although BA already has presence in the existing market it is facing stiff competition. For example, in the short haul market, rapidly saturating with budget airlines, BA lost  £1 billion in revenues by end of 2009/2010 financial year. The major options currently are 1) Improving on people processes including bag handling 2) Further investment on information technology especially on internet bookings (British Airways 2010, 58) Market development Market development strategy focuses on non-buying clients in already currently targeted segments and focuses on new customers in new segments (Angwin, Cummings , Smith 2011, 73). BA is trying to regain some business class customers from Virgin airlines and other competitors. Product development Product development entails the process used to bring new products into the market. For example, BA introduced a new in-flight entertainment system in the Boeing 777-300 ERs in 2010 and the First Cabin, a sophisticated ne cabin that offers customers the chance to work, recreate, eat and sleep (British Airways 2010, 67). Diversification Diversification is a business strategy that attempts to increase profitability by introducing new products in new markets. Formation of alliances is a relatively new trend in new markets, for instance; by collaborating with India’s Kingfisher airlines, BA will increase destination connections and improve flight schedules (British Airways 2010, 76). Selection of the most viable strategic options The best way of doing this is by eliminating the least viable options to remain with the most viable options.   Renovation of brand image: British Airways already possesses the advantage of having a globally recognised brand name (Buckingham 2011, 13). Introduction of complimentary services: essentially requires the diversion of capital funds to implement. Currently, it does not significantly enhance Product development (Ansoff) (Punzel 2011, 32). Diversifying into other transport markets- Diversification is currently not a priority relative to other more beneficial strategies (Punzel 2011, 32). Supply chain migration: As part of diversification (Ansoff), this is also not a viable strategy at this time (Belobaba, Odoni, Barnhart 2009, 67). Options for future organisational strategy Through market segmentation , companies divide large heterogeneous markets into smaller segments that can be reached more efficiently with products and services that match their unique needs.(kotler, 2009) British Airways has divided it market segmentation into different variables. There are number of variables involved in consumer market segmentation, alone and in combination. These variables are: †¢Geographic variables †¢Demographic variables †¢Psychographic variables †¢Behavioral variables Occupation- British Airways give extra benefit for High Class .Some of the benefits like Club Card. Income- People who are into business class can travel in British airways as airfare are very high. Nationality – In british airway all different kind of nationality travel.

Language Learners Does It Promote Or Hinder Literacy...

In her article, Mainstreaming English Language Learners: Does it Promote or Hinder Literacy Development?, author Esther Somà ©-Guià ©brà ©, discusses the impact on literacy development when English language learners (ELL) are placed in mainstream classrooms. In this study, she followed two ELL students who are native French speaking African immigrants in the fifth grade in American schools. One of the students was a recent immigrant, only arriving five months ago, and the second was in her third year of schooling in America. The major concepts Somà ©-Guià ©brà © highlights are the content knowledge exposure, lack of collaboration between ELL and mainstream teachers, as well as the limited interaction between teachers and their ELL students. The two students in the study were shown to be given limited exposure to content knowledge. Although they were in mainstream classrooms with native English speakers, these ELL students were missing out on a lot of classroom instruction due t o being taken away from the classroom for intervention. The author found that both students would be pulled away during the middle of one lesson and returned in the middle of another. She also discussed the ELL teacher’s viewpoint that the student should be really exposed to content area in social studies for the first grade, not fifth as she needs to â€Å"†¦put the language with that she is doing† (Somà ©-Guià ©brà ©.) Somà ©-Guià ©brà © also found that there was no collaboration between the ELL and mainstream teachers. A lackShow MoreRelatedWhy Latinos Children Are Failing in Education? Essay1329 Words   |  6 Pageson child development has been a great influence in education; language development is the most important phase during the Preoperational stage of cognitive development. 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