Mount Everest and Peak Climb Mt

The book I chose for my independent reading project was Peak by Roland Smith. My favorite character in this book is Peak Marcello. Peak is my favorite character because he is smart, caring, and brave. I can’t believe that he climbed a skyscraper! I wish that I had the climbing skills that he has. It seems like Peak has been climbing his whole life, probably because his father, Josh Wood, is a professional climber and he taught him how to climb. Since Peak’s mother, Teri Marcello, fell of a 30 ft. wall when she was free-climbing and broke her back and shattered her hip, I agree with her that climbing is very dangerous.I think the relationship between Peak and his father is interesting because Peak’s father hasn’t been around much in his life, but when Peak got in trouble he was there. I also think that the relationship is interesting because Peak doesn’t call his father â€Å"dad,† he calls him by his first name. Because Peak got in a lot of t rouble and had to leave the U. S. and live with his father in Thailand, I felt sad when Peak’s two younger twin sisters started to cry because they knew that they wouldn't be seeing their role model for a long time.I think that Josh only let Peak live with him because he was 14, and if he reached the summit of Mt. Everest before his next birthday, he would be the youngest person to ever climb it. I want to know more about Zopa, the man who is helping Peak climb Mt. Everest. I know that he was a Sherpa, which are mountain people who live on the slopes of the Himalayas. He is also a Buddhist monk but has gotten permission to put aside his vows for a couple of weeks to help Peak.I like the way that the author wrote the book because it is very easy to understand what is going on. If I were Peak right now I would be so confused because so much is happening in such a small amount of time, and I’d be scared because I am afraid of heights and I don’t know if I would wan t to climb Mt. Everest. I can’t believe that Peak is so calm during this time and isn’t freaking out like I would be. I predict in the future that Peak will have a closer relationship with his dad and will be the youngest person to climb Mt. Everest.

Lifting the Coporate Veil

LIFTING THE CORPORATE VEIL (i) Introduction (ii) Principles of Corporate Personality (iii)Statutory Exceptions (iv)Common Law and the Mere Facade Test (v) Agency and Groups (vi)Conclusions INTRODUCTION 1. When a creditor discovers that a debtor company is insolvent, the creditor will frequently want to recover the debt from a shareholder, director or associate of the insolvent company. There exist various statutory and common law mechanisms by which the corporate veil can be lifted and liability imposed on individuals or other companies.This lecture sets outs and discusses those mechanisms in the light of recent authorities and of the Companies Act 2006. PRINCIPLES OF CORPORATE PERSONALITY 2. One of the fundamental principles of company law is that a company has personality that is distinct from that of its shareholders. This rule was laid down by the House of Lords in Salomon v. Salomon & Co1, in which it was held that even if one individual held almost all the shares and debentures in a company, and if the remaining shares were held on trust for him, the company is not to be regarded as a mere shadow of that individual.Lord MacNaughten stated2: â€Å"The company is at law a different person altogether from the subscribers to the Memorandum and, although it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the 1 [1897] A. C. 22 2 Ibid, at p. 51 2 same hands receive the profits, the company is not in law the agent of the subscribers or the trustee for them. Nor are subscribers as members liable, in any shape or form, except to the extent and in the manner provided by theAct3. † The rule in Salomon lies at the heart of corporate personality, and is the principal difference between companies and partnerships. However, there are situations in which the courts look beyond that personality to the members or directors of the company: in doing so they are said to lift or pierce the corpor ate veil. There is no single basis on which the veil may be lifted, rather the cases fall into several loose categories, which are examined below. STATUTORY EXCEPTIONS 3.There are certain statutory exceptions to the rule in Salomon which involve a director being made liable for debts of the company because of breach of the companies or insolvency legislation. Eg: (a) Failure to obtain a trading certificate 4. Where a public company fails to obtain a trading certificate in addition to its certificate of incorporation before trading, the directors will be liable to the other parties in any transactions entered into by the company to indemnify them against any loss or damage suffered as a result of the company’s failure to comply with its obligations.This provision Companies Act 1985, s. 117(8) has been retained in the 2006 Act. See CA2006 s767(3). (b) Failure to use Company’s name 5. Section 349(4) of the CA 1985 provided that if an officer of a company or a person actin g on its behalf signs a bill of exchange, cheque or similar instrument on behalf of the company, in which the company’s name is not mentioned4, that person will be personally liable to the holder of the instrument in question for the amount of it (unless it is duly 3 i. e. Companies Act 1862 4 Thus contravening s. 349 (1)(c) of CA 1985 3 aid by the company). However, although CA2006 s. 84 imposes criminal penalties for failure to use the company name on relevant documents, there is currently no equivalent provision in the 2006 Act imposing such a personal liability. (c) Disqualified Directors 6. Under s. 15 of the Company Directors Disqualification Act 1986, if a person who has been disqualified from being a director of, or involved in the management of a company acts in contravention of his disqualification he will be liable for all those debts of the company which were incurred when he was so acting.The same applies to a person who knowingly acts on the instructions of a di squalified person or an undischarged bankrupt. (d) Just and Equitable Winding Up 7. Under s. 122(1)(g) of the Insolvency Act 1986 a petition may be presented to wind up a company on the grounds that it would be just and equitable to do so. This may involve lifting the veil of incorporation, for example to examine the basis on which the company was formed5. (e) Fraudulent Trading 8.Section 213 of the Insolvency Act 1986 deals with fraudulent trading. Under that section, if it appears to the court that â€Å"any business of the company has been carried on with intent to defraud creditors of the company or of any other person, or for any fraudulent purpose†, it may order that â€Å"any persons who were knowingly parties to the carrying on of the business in the manner above-mentioned are to be liable to make contributions (if any) to the company’s assets as the court thinks proper†. (f) Wrongful Trading 9.Section 214 of the Insolvency Act 1986 concerns wrongful tra ding, and enables the court to make a declaration, when a company has become gone into insolvent liquidation, that a former director is liable to make a contribution to the company’s assets. Such a declaration can be made where the director in question knew or ought to have concluded, 5 E. g. Ebrahimi v. Westbourne Galleries [1973] AC 360. 4 at some point before the commencement of the company’s liquidation, that there was no reasonable prospect that the company would avoid going into insolvent litigation. By s. 214(7), the provisions of s. 214 also apply to hadow directors. (g) Phoenix Companies 10. The Insolvency Act 1986 also allows the court to lift the corporate veil in cases of socalled â€Å"Phoenix Companies†, in which a new company is created with the same or a similar name to an insolvent company. S. 216 of the Act makes it an offence for anyone who was a director of the insolvent company during the 12 months before liquidation to be associated with a company with the same name as the insolvent company or a name so similar as to suggest an association6. S. 217 provides that where a person is involved in the management of a company in contravention of s. 16, or where he acts, or is willing to act, on instructions given by a person whom he knows to be in contravention of that section, he is himself jointly and severally liable with the company for all the relevant debts of that company. (h) Unfair Prejudice 11. The Courts’ powers under s. 459 of the 1985 Act (the provisions of which are duplicated in s. 994 of the 2006 Act) apply where â€Å"the company’s affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members generally or of some part of its members (including at least himself). The general proposition that the conduct of a parent company in control of a subsidiary can be relevant where a s. 459 petition is presented by shareholders of a subsidiary is unsurp rising7. It has also been held by the Court of Appeal8 that directors’ unfairly prejudicial conduct of a subsidiary may be actionable by shareholders of the parent under s. 459 if the parent and subsidiary have directors in common. (i) Third Party Costs Orders 6 Unless that person is given leave by the court so to act: s. 216 (3) 7 see Nicholas v Soundcraft [1993] BCLC 360 Citybranch Ltd v Rackind [2004] EWCA Civ 815 5 12. The court has jurisdiction to make a costs order against a party to the proceedings in favour of a non-party (including the directors or shareholders of a litigant company) by virtue of s. 51 Supreme Court Act 1981 and CPR 48. 2. This has recently been applied by the Court of Appeal in the case of Alan Phillips Associates Ltd v Terence Edward Dowling9. A contract was accepted by a company on headed paper almost identical to that of a business run by Mr Phillips prior to incorporation.Mr Phillips wrongly issued proceedings in his own name and the company was then substituted as Claimant. The company’s claim was dismissed and a third party costs order was made against Mr Phillips. 13. More typical circumstances for a third party costs order arose in Goodwood Recoveries Ltd v Breen10 which held that where a non-party director could be described as the â€Å"real party† seeking his own benefit and controlling and/or funding the litigation, then even where he had acted in good faith or without any impropriety justice might demand that he be liable in costs. 4. Similarly in CIBC Mellon Trust Co v Stolzenberg11 when the court held that there was no reason in principle why, if a shareholder (not being a director or other person duly authorised, appointed and legally obliged to act in the best interests of the company) funded, controlled and directed litigation by the company in order to promote or protect his own financial interest, the court should not make a costs order against him. COMMON LAW AND THE MERE FACADE TEST Engine o f Fraud 15.It has long been established that the Courts will not allow the Salomon principle to be used as an engine of fraud, or to avoid pre existing legal obligations. Probably the bestknown example of this rule is Gilford Motor Company Ltd v. Horne12, in which the Defendant had been managing director of a the Claimant company, and had entered into a 9 [2007] EWCA Civ 64 10 [2005] EWCA Civ 414 11 [2005] EWCA Civ 628 12 [1933] Ch. 935 6 covenant not to solicit customers from his employers when he ceased to be employed by them.On leaving the company’s employment, Horne formed a company to carry on a competing business, the shares in which were held by his wife and a friend, and he thereby solicited the Claimant’s customers. The Court of Appeal held that this company was a mere facade or sham to cloak his breach, and granted an injunction to enforce the covenant against both Horne and the company. 16. Similarly, in Jones v. Lipman13 the Defendant had entered into a con tract to sell property, but then sought to avoid the sale by transferring the property to a company which he controlled.Russell J held that specific performance could be ordered against the company, which he described as â€Å"the creature of the First Defendant, a device and a sham, a mask which he holds before his face in an attempt to avoid recognition by the eye of equity†14. 17. A recent example of the application of the principle is Kensington International Ltd v Congo15. The Claimant had obtained various judgments against the Republic of Congo which it sought to enforce by way of third party debt order against money payable to a company called â€Å"Sphynx† who had sold a cargo of oil.Sphynx had bought the oil from Africa Oil. Africa Oil had bought the oil from the Congolese state owned oil company (â€Å"SNPC†). Sphynx and Africa Oil were both controlled by the president and director general of SNPC. The court held that the various transactions and compa ny structures were a sham or facade and had no legal substance, and were set up with a view to defeating existing claims of creditors against the Congo. SNPC and Sphynx were simply part of the Congolese state and had no existence separate from the state.It was not necessary for there to be a divestment of assets at an undervalue to justify the court piercing the corporate veil in relation to the particular transactions. 13 [1962] 1 WLR 832 14 ibid, p. 836 15 [2005] EWHC 2684 (Comm) 7 18. It should be noted that the mere fact that there is fraudulent activity does not necessarily justify the piercing of the corporate veil. In Dadourian Group v Simms16 individuals who had fraudulently misrepresented that one of them was a mere intermediary when in fact he was a co-owner and ontroller of a contracting company was liable for deceit but the veil was not lifted so the individuals were not found liable for the company’s breach of contract to buy equipment. In this case there was no conspiracy to injure the Claimant and there had been a genuine intention that the company would buy the equipment. The now defunct â€Å"Interests of Justice Test† 19. In Creasey v. Breachwood Motors Ltd17 the facts were slightly different from those of Gilford v. Horne and Jones v. Lipman.Creasey had been the manager of a garage owned by Breachwood Welwyn Ltd (â€Å"Welwyn†), but was dismissed from his post and intended to sue for wrongful dismissal. In anticipation of his claim, and wanting to avoid having to pay him damages, the proprietors of Welwyn formed another company, named Breachwood Motors Ltd (â€Å"Motors†), and transferred the entire business of the old company to it. Creasey obtained judgment in default against Welwyn, which was then struck off of the register of companies. Creasey obtained an order substituting Motors as defendants, against which Motors appealed. Richard Southwell Q.C. , sitting as a judge of the Queen’s Bench Division, he ld that Motors could be substituted as defendants, and that the veil could be lifted because Welwyn’s assets had been deliberately transferred to Motors in full knowledge of Creasey’s claim18. Richard Southwell Q. C. specifically decided that it was right to allow the veil to be lifted as regards Motors, rather than force Creasey to apply to have Welwyn restored to the register and apply for an order that its assets be restored to it under s. 423 of the Insolvency Act 1986 (an alternative which the judge described as a â€Å"procedural minefield†). 0. In Ord & Anor v. Belhaven Pubs Ltd19 the Court of Appeal has however decided that the decision in Creasey was wrong. In Ord the defendant company had made various 16 [2006] EWHC 2973 (Ch) 17 [1992] BCC 638 18 Ibid, p. 648 B 19 [1998] BCC 607 8 misrepresentations to the claimant. By the time these came to light, the company had all but ceased trading, and had negligible assets. The claimant sought to substitute the defendant company’s holding company, and the judge at first instance followed Creasey and allowed the substitution.The Court of Appeal decided that this was incorrect, as the original company had not been a mere facade for the holding company, nor vice versa. Unlike the new company in Creasey, neither company had not been created as a sham to avoid some liability, there had been no element of asset stripping and so the veil should not be lifted. Hobhouse LJ, giving the judgment of the court, stated: â€Å"There may have been elements in that case [i. e. Creasey] of asset stripping. I do not so read the report of [Richard Southwell QC’s] judgment†¦ But it seems to me to be inescapable that the case in Creasey v.Breachwood as it appears to the court cannot be sustained. It represents a wrong adoption of the principle of piercing the corporate veil and an issue of the power granted by the rules to substitute one party for the other following death or succession. The refore in my judgment the case of Creasey v. Breachwood should no longer be treated as authoritative. †20 The Current State of the Law 21. The courts are now increasingly reluctant to lift the veil in the absence of a sham. In particular, it is clear that the veil will not be lifted simply because it would be in the interests of justice.In Adams v. Cape Industries plc21 the Court of Appeal was unequivocal on this point. Slade LJ said22: â€Å"Save in cases which turn on the wording of particular statutes or contracts, the court is not free to disregard the principle of Salomon v. Salomon & Co Ltd [1897] AC 22 merely because it considers that justice so requires. Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the 20 Ibid, p. 616 B 1 [1990] Ch 433 9 general law fall to be treated as separate entities with all the rights and liabilities which would normally attach to separate legal entities. † 22. That the courts are now less willing to lift the corporate veil than was once the case is also indicated by the judgment of the House of Lords in Williams v. Natural Life Health Foods Ltd23. The defendant company was effectively run by one man, a Mr Mistlin, and had given negligent advice to the claimant regarding the profitability of a franchise.On the company being wound up the claimant joined Mr Mistlin as a defendant on the basis that he had assumed personal responsibility. The House of Lords unanimously rejected the Court of Appeal’s finding that Mr Mistlin had assumed responsibility to the Claimant, holding that in order for a director to be personally liable for negligent advice given by the company, it had to be shown both that the director had assumed personal responsibility for that advice and that the claimant had reasonably relied on that assumption of responsibility.As there had been no personal dealings between Mr M istlin and the claimant, these tests were not met, and the corporate veil should remain intact24. 23. A court will also be justified in disregarding a company’s personality so as to prevent the corporate form being used as a medium through which to lawfully carry out an activity which would otherwise be a wrongdoing. In Trustor AB v.Smallbone25 the defendant Smallbone had effected the payment of considerable sums of money from Trustor AB, a company of which he was managing director, to a company called Introcom, which he controlled. Sir Andrew Morritt V-C found that Introcom was simply a vehicle for receiving the money, and that the payments were made in breach of Smallbone’s duty to Trustor. Summary judgment was ordered against Smallbone and Introcom. 24. What then is the law following the decisions in Ord and Williams?Neither case, of course, involved findings that the relevant company had been a facade. Ord should not be 22 Ibid p. 536. 23 [1998] 2 All ER 577 24 The Court of Appeal has held that the principles identified by the House of Lords in Williams are equally applicable to torts other than negligence, although this decision has been criticised: see Standard Chartered Bank v. Pakistan National Shipping Corp. (No 2) [2000] 1 Lloyd’s Rep 218 25 [2001] 1 WLR 1177 10 thought to prevent the veil being lifted in cases where there is a sham or facade.Subsequent authorities, as well as the House of Lords decisions prior to Ord26, show that the law is still that the courts will be willing to lift the veil in cases where there is a sham and that principle is still at the heart of the test to be applied. AGENCY AND GROUPS 25. Although Salomon made it clear that a company is not automatically the agent of its shareholders, in exceptional cases such a relationship can exist, and it will be a question of fact whether there is a relationship of agency in any particular case, so that it is appropriate to pierce the veil.Questions of agency most o ften arise in the context of associated or group companies, and so the two areas are here considered together. Statute 26. Companies Act 1985 ss. 227-231 (and CA 2006 s. 399 et seq) provide that groups of companies must prepare group accounts, which must comprise consolidated balance sheets and profit and loss accounts for the parent company and its subsidiary undertakings.The aim of the accounts is to give a true and fair picture of the state of the undertakings included in the consolidation as a whole, which are treated for the purposes of the accounts as an economic unit. The process naturally requires that the corporate veil be lifted in order to identify which companies form the group. The courts are also sometimes willing to treat a group of companies as a unit for other purposes, and have tended to justify the decision to pierce the veil by analogy with the legislation, or by finding that one group company was the agent of another.Case Law 27. The development of the courtsâ⠂¬â„¢ attitude to agency in a company context has tended not to produce clear rules, perhaps until recently, and so the historical case law is summarised below. The principles leading to a finding of agency were considered by Atkinson J in 26 E. g. Woolfson v. Strathclyde Regional Council [1978] SLT 159, in which Lord Keith of Kinkel stated that it was appropriate to lift the veil â€Å"only where the special circumstances exist indicating that [the company] is a mere facade concealing the true facts†. 1 Smith, Stone & Knight Ltd v. Birmingham Corporation27, in the context of whether a subsidiary company was the agent of its holding company. That was a case where agency was established and the veil lifted – the parent company had full and exclusive access to the subsidiary’s books, the subsidiary had no employees other than a manager, it occupied the parent’s premises for no consideration and the only evidence of its purportedly independent existence was its name on the stationery.Atkinson J said that the question of whether a company was carrying on its own business or its parent’s was a question of fact, and identified six questions which he considered determinative: (i) Were the profits of the subsidiary those of the parent company? (ii) Were the persons conducting the business of the subsidiary appointed by the parent company? (iii) Was the parent company the â€Å"head and brains† of the venture? (iv) Did the parent company govern the venture? v) Were the profits made by the subsidiary company made by the skill and direction of the parent company? (vi) Was the parent company in effective and constant control of the subsidiary? These questions, while still relevant, can no longer be viewed as a complete statement of the law. As will be discussed below, the trend of the authorities has been away from findings of agency unless particular circumstances dictate that such a finding should be made. 28. It is relevant to consider the purpose for which the relevant company structure was created. In Re F. G. Films) Ltd28 an American holding company set up a British subsidiary to produce a film, in order that it might be classified as a British film. The Board of Trade refused to register it as such, and the matter came to court. It was held that the British company’s participation in the making of the film was so small as to be practically negligible, and that it had been brought into existence for the sole purpose of being put forward as having made the film, and for thus enabling it to qualify as a British film, and that therefore there was a relationship of agency. 2 29. In Littlewoods Mail Order Stores Ltd v. McGregor29 Lord Denning warned that the Salomon doctrine had to be carefully watched, and said that Parliament had shown the way as regards the scrutiny of groups of companies, and that the courts should follow suit. 30. An influential case in this area was DHN Food Distributors Ltd v. Tower Hamlets London Borough Council30, which concerned compulsory purchase: one company in the group owned the freehold of premises, from which another group company traded and which it occupied as bare licensee.The Court of Appeal stressed the significance of the existence of a â€Å"single economic unit† and recognised the group as a single entity, allowing it to recover compensation, but the exact reasons behind the decision are unclear, as the members of the court were each apparently influenced by different factors. Lord Denning MR noted that the subsidiaries were wholly owned, Shaw LJ pointed out that the companies had common directors, shareholdings and interests, and Goff LJ referred to ownership and the fact that the companies had no business operations outside the group.Goff LJ also stated that not all groups would be treated in this way, and there have been cases since DHN Food Distributors in which wholly owned subsidiaries have not been identified as a unit wit h their holding companies31. 31. To further confuse the position, DHN Food Distributors was not followed by the House of Lords in the Scottish appeal of Woolfson v. Strathclyde Regional Council32, and also runs counter to many decisions of courts in Australia and New Zealand. In Industrial Equity Ltd v.Blackburn33 the High Court of Australia said that the group accounts legislation did not operate to deny the separate legal personality of the company. In Re Securitibank Ltd (No. 2)34 the New Zealand Court of Appeal considered the decision in Littlewoods Mail Order Stores and thought that the approach in that case was the wrong way around– the court considered that the Salomon principal should be the starting point 13 for any examination of a group of companies, and any departure from it should be considered carefully.In the New South Wales case of Pioneer Concrete Services v. Yelnah Pty Ltd35 Young J considered the authorities and held that the veil should only be lifted wher e there was in law or in fact a partnership between the companies, or where there was a sham or facade36. 32. The English position was again considered by the Court of Appeal in Adams v. Cape Industries plc37, in which the Claimants with default judgments obtained in Texas against a company sought to enforce those judgments against an its ultimate holding company in the United Kingdom.The Court of Appeal held that although a parent company exercised supervision and control over its subsidiary in a foreign country, the parent company was not present in that country, and did not submit to that jurisdiction, by a subsidiary which did business in its own right. In the passage quoted above, Slade LJ stated that the Salomon principle will not be disregarded simply because justice so requires, and that subsidiary companies should be considered as individuals unless special circumstances dictated otherwise.Members of a corporate group were perfectly entitled to use the corporate structure e ven if the consequence was that only lowly capitalised subsidiaries were exposed to potentially harmful asbestos claims. 33. It is suggested, therefore, that the present position is that the courts are likely to be unwilling to lift the veil as against groups of companies in the absence of some agreement of agency, and that Littlewoods Mail Order Stores and DHN Food Distributors cannot any longer be considered authoritative. CONCLUSIONS â€Å"Genuine Ultimate Purpose†- An alternative test? 4. Some shams or facades may be obvious, but many others will not. The courts are reluctant to provide precise guidelines so as to define what constitutes a sham preferring the flexibility of a case by case approach. Useful tests to be employed when trying to identify a sham are: * Are the relevant entities in common ownership? * Are the relevant entities in common control? * Was the company structure was put in place before or after a particular liability (or serious risk) arose, and if th e latter then to what extent was he liability or risk a motivating factor for those who set up the structure? * Was the company structure put in place in an attempt to allow an activity which would be unlawful if carried out personally? 35. It has been suggested by some commentators38 that a â€Å"genuine ultimate purpose† test should replace the traditional established sham or facade test. However, this novel approach may throw up as many problems as the traditional test.Further, it seems to strike at the heart of the concept of the limited liability company since a primary (and often sole) purpose of incorporation is to reduce personal exposure to trade creditors, a motive that has been held to be acceptable since the concept of the limited company first became part of the legislative framework. Parliament, when passing the Companies Act 2006, had ample opportunity to conduct a wholesale revision of this principle but deliberately left the topic well alone. There currently appears to be little judicial enthusiasm for such revision either. DOV OHRENSTEIN RADCLIFFE CHAMBERS LINCOLN’S INN

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Response paper - Essay Example These include India and China such that they can implement cleaner energy sources which other developed states are using. Clean energy sources include natural gas and nuclear, which are currently in use in rich states though they have taken long to reach at this development stage, a trend that started with coal. This is because as states become richer, they start focusing on how to limit emissions of obnoxious air pollutants as well as cleaning water for their respective citizens. Consequently, this prompts to the hypothesis people result to using cleaner sources of energy as their wealth continues to grow though they consume more energy. Despite this argument holding to be true among certain states, the notion of allowing individual states to pollute environment while trying to grow their economies is impractical. I do not agree that individual states should continue to pollute environment as long as their economies are growing. This is because through their respective authorities t hese states can adopt clean, cheap and even efficient energy sources, which are friendly to the environment like producer gas instead of coal or other related fuels whose emissions result to Greenhouse Gases. These states can also come up with effective processes meant to lessen usage of traditional fuels and reduce on their effluents, which in most cases end up disposed in water bodies. Therefore, they do not have any viable reason to support their claims towards contributing to environmental degradation in the name of enhancing or stabilizing their economies to equal those of developed states. Intentional pollution by these states while stabilizing their economies will only result to worse incidences that endanger their citizens’ lives besides prompting regimes to incur unnecessary expenses. This is evident in China where over the recent years and even up to date the state records high levels of both air and water pollutions. The latter is due to uncontrolled and careless r elease of obnoxious effluents from industries that channel their waste into water bodies especially in Beijing. Recently, environmental studies have confirmed all 37 Beijing Rivers their levels of contamination are beyond acceptable limits in terms of contamination. Consequently, this endangers lives of approximately 70 million people who depend on these rivers for water, which comprise the region’s five major water systems. Based on this rate of pollution, by allowing states to contaminate environment while trying to ensure intensive industrialization only results to pulling them downwards economically. This is because these states end up spending much money through their respective authorities in clean water bodies to obtain safe water for their desperate citizens. Colossal amount of money used to remove debris and other contaminants from these rivers regimes, could have avoided them earlier by not allowing intentional pollution. Water pollution in China has not only yielde d to making water unsafe for people but also aquatic life forms where the country currently experiences mass dying of fish in rivers. This is because of obnoxious pollutants from both industries and residential areas thrown in rivers. Similar losses incurred by the state though on the part of motorists were evident during the last concluded Olympics where the government

Marriage and Ethnicity Essay Example | Topics and Well Written Essays - 1250 words

Marriage and Ethnicity - Essay Example A young, beautiful single female, is seeking a partnership between the ages of 26-32. Your culture is immaterial since I wouldn’t mind sharing experience from other cultures as well as getting to learn and integrate. He should be ready to raise a family. He should be about 5’5 tall. Have a muscular body, be handsome, generous and with a good sense of humor.He should be ready to settle in the southern part of the continent in the country of their choice. He should be kind, understanding loving and financially stable. Should not be so much bound to traditions; only the most important. Of great importance is that should be ready for a long lasting relationship.Dancing should be part of his hobbies to complement what I love doing most. A lady single from the Navajo community is seeking a partner. Age 20, he should be a good warrior. Should be able to fend for his family and lay food on the table on a daily basis despite all odds. He should have the ability to make jewelry as well as his own weapons that he would use for various purposes such as hunting and tending farms. In connection to that, he should be able to tend well to his farm and livestock and ensure a good harvest and proper storage for future use. He should be a man of respect always being the first greet his elders and in-laws especially if meeting for the first time. To prove that he can care for his family the man should have a history of successful leadership experience. He should be a good storyteller, as well as having good dancing skills. ... Age 20, he should be a good warrior. Should be able to fend for his family and lay food on the table on a daily basis despite all odds. He should have the ability to make jewellery as well as his own weapons that he would use for various purposes such as hunting and tending farms. In connection to that he should be able to tend well to his farm and livestock, and ensure good harvest and proper storage for future use. He should be a man of respect always being the first greet his elders and in-laws especially if meeting for the first time. To prove that he can care for his family the man should have a history of successful leadership experience. He should be a good story teller, as well as having good dancing skills. Being a member of the community council or hailing from an honourable and respected family would be an added advantage. After marriage we should settle on his parents’ home to raise a family. Marriage and the Social Aspect   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Betwe en a man and a woman marriage is considered as  the strongest bond in any relationship. Most people do not marry from their own clans and  therefore  when two people are getting into a union, each one of them is expectant of the other since they are from different cultures. The different aspects of their culture immediately manifest at the wedding where all the parties are involved a have a say to what they feel is a good wedding in line with their culture. Every Individual has different expectations and assumptions that are deeply rooted within them. They should  therefore  be brought out in the open and be discussed for the success of the marriage  (Michael, 1987). The cultural heritage possessed by an individual will form their views towards different

The failure of Ralph Lauren Rugby Essay Example | Topics and Well Written Essays - 2250 words

The failure of Ralph Lauren Rugby - Essay Example Though Ralph Lauren is one of the most preferred luxury clothing brands, customer segmentation was completely different for its new arm. This had not only created confusion among customers, but also dissolved the overall brand identity of the Rugby brand. The objective of the current report is to analyze the failure of Ralph Lauren Rugby, an extended sports clothing line of the brand. On November 2012, the Rugby line of the brand had come to an end. Subsequently, website of the line was also closed down and the links were automatically directed to the parent site of Ralph Lauren. Known for high-end, bold and sassy styles, Ralph Lauren Corporation is one of the finest clothing retail organizations. The luxury retail chain was started in the year 1967 by Ralph Lauren, when he was funded by a manufacturer of clothing lines. He was asked to launch a line for men’s ties with the brand name, Polo. While studying in high school, Ralph had already started selling ties. Following that, he was approached by Norman Hilton and in the year 1969, he opened his first boutique in Manhattan (Ralph Lauren, 2014). The business was further expanded by selling tailor made women suits. The first solo shop was opened in the year 1971 in Beverly Hills. Ralph Lauren gained global recognition in a very short time period and by 1981, he was able to open his maiden international shop in London (Ralph Lauren, 2014). The brand has now expanded in various apparel and accessories sections, such as, semi-formal and formal clothing, luxury wear, fragrances, accessories and furniture. The brand has also ventured into restaurant business by opening a high-end restaurant in Chicago. The purpose of this report is to analyse various situations under which the sports arm of Ralph Lauren was pulled out from the market. Launched in the year 2004, Rugby Ralph Lauren was a famous clothing brand of America. The brand focused on preppy or rugby inspired apparels for women and

Romney Care in Massachusetts Research Paper Example | Topics and Well Written Essays - 1750 words

Romney Care in Massachusetts - Research Paper Example A self-governing public power with the name of Commonwealth Health Insurance Connector was established by Romneycare. The role of this connector is to offer private plans of insurance to the residents of Massachusetts. Failing to acquire the insurance coverage subjects the residents to the implication of tax penalties. Tax filers on Massachusetts that could not manage to get enrolled in the plan of health insurance that they could easily afford got deprived of the personal exemption worth $219 upon the income tax. Since 2008, there has been an increase in penalties by increments on monthly basis. This was done in order to make the residents more serious about the implication of penalties and alter their behavior for the better. Before the enactment of Romneycare, number of the uninsured residents of Massachusetts that were qualified for a state or federal health program but were not enrolled anywhere because of indifference, ignorance, or some other reason was between 372000 and 618000. Once Romneycare was enacted, 219000 residents of Massachusetts that were uninsured before acquired the insurance (Tanner). Although the uninsured rate in Massachusetts has lowered up to only 3 per cent, yet 69 per cent people who acquired insurance since the year 2006 happened to obtain the coverage which to much an extent is subsidized by the taxpayers. The plan has actually worked not in accordance with Romney’s requirement of having each and every individual pay to acquire the insurance coverage. As per the notes taken in a report prepared by the Massachusetts Health Connector in February, 2010, Percentage of the 408000 residents of Massachusetts that have acquired the insurance recently and yet pay nothing is sig nificantly above 50 (Turner). Number of people that remained uninsured till the end of year 2008 was about 140000. They were either subjected to penalty or the state considered them too poor to afford the premiums, thus excusing from

Coffee in the Philippines Essay Example for Free

Coffee in the Philippines Essay This Euromonitor market report provides market trend and market growth analysis of the Coffee industry in Philippines. With this market report, you’ll be able to explore in detail the changing shape and potential of the industry. You will now be able to plan and build strategy on real industry data and projections. The Coffee in Philippines market research report includes: Analysis of key supply-side and demand trends Detailed segmentation of international and local products Historic volumes and values, company and brand market shares Five year forecasts of market trends and market growth Robust and transparent market research methodology, conducted in-country Our market research reports answer questions such as: What is the market size of Coffee in Philippines? What are the major brands in Philippines? How significant is vending in coffee distribution? How does the increasing nuber of speciality coffee shops impact retail sales of coffee? What are the future prospects for instant 2-in-1 coffee, 3-in-1 coffee and 4-in-1 coffee? How are coffee pods performing in Philippines? Why buy this report? Gain competitive intelligence about market leaders Track key industry trends, opportunities and threats Inform your marketing, brand, strategy and market development, sales and supply functions This industry report originates from Passport, our Hot Drinks market research database. Each report is delivered with the following components: Report: PDF and Word Market statistics: Excel workbook SAMPLE ANALYSIS TRENDS Instant coffee mixes continued to gain popularity in both off-trade and on-trade channels in 2010. Rising demand for these products was due to the ease in preparation with minimal time involved, which is highly valued by.

Level 3 Diploma Perioperative Support Essay Example for Free

Level 3 Diploma Perioperative Support Essay Explain how and why person centred values must influence all aspects of health and social care work Some of the person centred values that influence aspects of health and social care are; Good communication How By using good communication you can give a person centred approach to care. Giving a patient/individual as information as possible is a way of good communication, inform them what you are doing before you do it and while you are doing it, explain why you will be doing what you are doing or about to do and let them know what to expect i. . if you are about to canulate them let them know that they may feel a sharp scratch Why Giving a patient/individual constant information helps make the patient feel at ease as they feel more involved in what is going on and have a clear understanding of what is going on , this also gives the individual the knowledge of what will be happening and why. Communication is a key element in giving person centred care Choice How By asking a patient/individual if they would like to keep there hearing aid in while I take the patient down to theatre I am giving them a choice whether they would like to remove there hearing aid or choose to keep it on. Why By giving patients/individuals choices you are giving them a bit of control in an environment where patients can feel they have no control over what is happening and by giving them small options it can make them feel a bit more in control and give them some dignity and respect. Making time How In main theatres it can be hard to make time for patients as time is usually of the essence and the need for keeping the theatre list moving quickly and efficiently is paramount, but by simply talking to your patient while you are transporting them down to theatre can make all the difference, it helps calm the patient down, taking there mind off the operation they are about to have. By talking to them while you are transporting them you are still keeping to the time limits set out before you. Why Making time for a patient/individual is probably the most important thing you can do in a system where the patient may feel like there being dragged from pillar to post in a busy department where no one has time for them and feel that it’s a case of â€Å"get them in get them out† attitude. Taking just two minutes out of your schedule can make a massive difference to a patient as it helps reassure them that they are not forgotten which makes the patient feel important and not a burden on the system.

Youth Justice Policy in the UK

Youth Justice Policy in the UK Youth Justice Policy In order to evaluate why developments in youth justice policy and practice since 1997 are a cause for celebration and concern, the ideological motivations and the wider social and political context will be identified. The Crime and Disorder Act 1998; the Youth Justice and Criminal Evidence Act, 1999 and the Anti Social Behaviour Act 2003 will be discussed in terms of the motivating ideology and rational underpinning. The practical implications of the acts and their social consequences will be evaluated in order to demonstrate what the acts achieve and where they fail to serve the rights of the individual in the youth justice system. Developments in youth justice policy and practice in the previous decade have been rooted in an ideological context that incorporates both neo-liberal approaches of responsibility and risk management (Muncie, 2006) and neo-conservative ideologies that entail an authoritarian realisation of policy (Muncie Hughes, 2002). However, cultural elements cannot be undermined when considering factors that motivate the formation of youth justice policy. Increasingly, a culture of fear and intimidation has arisen in the UK around societys youth. Muncie and Hughes (2002) point to cases such as the murder of 2 year old James Bulger by two 10 year olds as contributing factors to this fear culture. The manifestation of this cultural consciousness of fear is demonstrated in the coining of the term hoody to represent an intimidating youth in a hooded jumper (Sanders, 2005). Thus youth justice policy must be seen to appease these societal concerns. A result of this is that youth are at risk of crimina lisation and marginalisation (Scraton, Haydon, 2002). The risk is of a presumption that members of youth culture are likely to, or already have committed a criminal act. To understand whether developments in youth justice policy should be celebrated or be regarded with concern, it is important to understand the aims of the wider context of New Labour Reform. Policy has been motivated by a desire to form a transition from penal to restorative justice (Gelsthorpe Morris, 2002). This is motivated by a culture of increasing understanding and engaging the offender with the implications of their actions and is reflective of the New Labour political stance to be tough on crime and the causes of it. The resulting revolution in youth justice policy has been criticised for its failure to maintain a consistent ideology throughout (Goldson Muncie, 2006). The resultant risk is a confused, or muddled ideological approach to youth justice, and a contradictory experience between liberalism and conservatism for the offender passing through the reform system. However, this mixture of ideological approach is increasingly difficult to unify in a diverse multi-cultural society (Newburn, 2002; Fergusson, 2007). It is against this cultural and political backdrop that three significant pieces of youth justice legislation have emerged. These are the Crime and Disorder Act 1998, the Youth Justice and Criminal Evidence Act 1999 and the Anti Social Behaviour Act 2003. The Crime and Disorder Act 1998 employs principles of actuarial risk management by imposing local authorities with the duty to implement risk reduction measures within a constituency (Moss, 2001; Farrington, 2002). These Community Safety Strategies are required to specifically address the prevention of youth crime. The practical outcomes of these strategies include the implementation of parenting and child safety orders, local curfews and action plan, detention and training orders (Scanlan, 1998). The Act brought into use the Anti-Social Behaviour Order (ASBO) and refuted the previous assumption that individuals under the age of ten should not be criminalised for committing an offence. The ASBO is administered to individuals who are deemed to be behaving in a manner that may cause harm or distress to others. The use of risk management strategies to form Community Safety Strategies has been both supported and challenged. Rooted in quantitative analysis, they explicitly identify predictor variables for youth criminal activity providing a target area for interventions and preventative measures (Farrington, 1997). Such identified risk factors have frequently included impoverished socio-economic backgrounds, harsh and erratic discipline cultures and peer group influences (Loeber, Farrington Waschbusch, 1999). Clearly, successful prevention strategies aimed at improving the conditions surrounding these risk factors are of benefit to the juvenile offender and to society as both enjoy improved welfare conditions. However, there are problems inherent in the decentralised approach to Community Safety Strategies. The quantitative approach dictates that concepts are generalised, and the actuarial assessment strategies focus upon efficiency and streamlining through youth justice process (Kempf-Leona rd Peterson, 2000). What is lost is a qualitative, individual approach to youth justice reform, and the individualistic consideration of the most beneficial (if not most efficient) process is absent. Case (2007) argues that this approach neglects to account for the experience of stakeholders such as youth workers and juvenile offenders. A combination of the quantitative and qualitative approaches would improve the ecological validity of risk analysis interpretations. The Anti-Social Behaviour Act 2003 amends details of prevention strategies such as parenting contracts and ASBO administration. Inherent in the motivations contributing to the policy is the desire to appease public fear of juvenile offenders by re-establishing a notion of respect within British community culture (Squires, 2008). Rooted in social inclusion discourse, the act predominantly aims in part to improve the educational and social bonds between the youth, parents and the school establishment. This is evident in the parenting contracts which require an insurance of a childs attendance at school. According to the social development model (Catalano Hawkins, 1996), factors of poverty and poor education jointly interact to promote the likelihood of delinquent behaviour. By ensuring parental and childhood engagement with education, this link can be broken. Furthermore, parents may be required to attend parenting courses if their childs behaviour is not deemed to improve. The act st ates that local education authorities are able to engage with parents of children excluded from school in order to establish the contractual process. The Act also puts in place powers for police to disperse groups of more than two individuals in public spaces if they appear to be causing nuisance. There are problems inherent in these new powers allocated to the police. Research has demonstrated that groups of youths are more readily perceived as threatening than congregated groups of other age groups (Mille, Jacobson, McDonald, Hough, 2005). Furthermore, local agencies present conflict in how to deal with individuals deemed to be engaging in anti-social practice. There appears to be a difficulty in balancing neo-liberal and neo-conservative approaches and the favoured approach may vary regionally. Mille et al (2005) also demonstrated a discrepancy between national perceptions and local implementations of ASBO administration. A national consensus that there should be an emphasis on enforcement contrasts with the local implementation of social inclusion policies. While parenting courses have been deemed as successful in the short-term (Kazdin, 1997), concerns have been raised about the long-term efficacy and the cost effectiveness of national implementation. It has also been de monstrated that the notion of responsibility has been centralised in governmental youth justice reform and that the rights of the parent and the child have not been sufficiently conceptualised to deal with this (Hollingsworth, 2007). The failure to do this has resulted in a social stigmatisation and criminalisation of families with low socio-economic status (Goldson, 2002) which negates the desired effects of social inclusion. The overall result of the Act is the social penalisation and discrimination of young individuals and working class parents. The Youth Justice and Criminal Evidence Act 1999 was also borne out of a desire to effectively manage youth crime issues in a manner that was economically efficient. The focus on crime prevention and intervention is borne out of this motivation for efficiency. It has been deemed that prevention of crime is more cost effective than punitive measures once the act has been committed (Winter, 2007). Furthermore, concepts of diagnosis, rehabilitation and reformation are considered too individualistic and are more efficiently managed by employing applications of resource management (Muncie, 1999). In order to improve efficiency, the Youth Justice and Criminal Evidence Act 1999 orders the referral of first time youth offenders to panels as opposed to serving a custodial sentence. The resource of the panel which is allocated to the youth offender is deemed to be an early solution to re-offending, ensuring that the individual does not become a habitual criminal. This will ensure that the indi vidual requires less resources overall from the penal system. The practical outcome of the Youth Justice and Criminal Act 1999 is that the juvenile offender is referred to a panel upon the first offence if they plead guilty. The individual confers with the panel to produce an action plan that the youth will adhere too. Action plans are aimed at improving the social circumstances of the child and negating risk factors. On the outset this appears positive. The offending individual is consulted and if able to work co-operatively, is theoretically able to engage in a rehabilitative process that will deter future offending behaviour. While this approach has deemed to initially appear as an effective measure, further research is required to fully determine the effectiveness of the approach (Anand, 1999). Muncie (1999) argues that the re-conceptualisation of rehabilitative issues into resource management rhetoric results in a depoliticised issue where youth justice problems are viewed as requiring efficient management as opposed to resolution. Therefo re, while the alternative to custodial sentences may prove beneficial, it is important that the emphasis on rehabilitation is still prominent. It has been determined that youth justice policy is rooted in a conflicting ideological basis centred upon neo-liberal and neo-conservative ideals. This occurs against a backdrop of a social context of a mass cultural fear of the young individual. The Crime and Disorder Act 1998 and the Youth Justice and Criminal Evidence Act 1999 are borne out of political motivations to govern public services with economic efficiency. What results is a process that manages youth justice as a resource issue. Any focus upon individual needs and rehabilitative process is threatened. Actuarial concepts do favour preventative measures which can work to improve the circumstances of the individual. The Anti-Social Behaviour Act 2003 aims to improve social inclusion by re-conceptualising notions of social responsibility. However, the administration of parenting contacts; and the power to move on groups of individuals, results in a criminalisation of young individuals and families of lower socio-economic st atus. References Anand, S.S. (1999). Youth Crime: What Works, What Doesnt, and What it Means for Canadian Criminal Justice Policy. Queens Law Journal, 25,177-189. Anti Social Behaviour Act 2003.(c. 38): HMSO. Case, S. (2007). Questioning the Evidence of Risk that Under-pins Evidence Led Youth Justice Interventions. Youth Justice, 7(2),91-105. Catalano, R.F., Hawkins, J.D. (1996). Social Development Model: A Theory of Antisocial Behaviour.Rockville, MD: National Institute of Justice. Crime and Disorder Act 1998. (c. 37): HMSO. Farrington, D. (1997). Evaluating a Community Crime Prevention Programme. Evaluation, 3(2),157-173. Farrington, D. (2002). Understanding and preventing youth crime. In J. Muncie, E. McLaughlin, (Eds.). Youth Justice: Critical Readings.London: Sage Publications Ltd. Fergusson, R. (2007). Making sense of the Melting Pot: Multiple Discourses in Youth Justice Policy. Youth Justice, 7(3),179-194. Gelsthorpe, L., Morris, A. (2002). Restorative youth justice: The last vestiges of welfare? In J. Muncie, E. McLaughlin, (Eds.). Youth Justice: Critical Readings.London: Sage Publications Ltd. Goldson, B. (2002). Youth Crime, the Parenting Deficit, and State Intervention: A Contextual Critique. Youth Justice, 2(2),82-99. Goldson, B., Muncie, J. (2006). Rethinking youth justice: Comparative analysis, international human rights and research evidence. Youth Justice, 6(2),91-95. Hollingsworth, K. (2007). Responsibility and Rights: Children and their Parents in the Youth Justice System. International Journal of Law, Policy and the Family, 21(2),210-219. Justice and Criminal Evidence Act 1999.(c. 23): HMSO. Kazdin, A. (1997). Parent Management Training: Evidence, Outcomes, Issues. Journal of the American Academy of Child and Adolescent Psychiatry, 36(10),1349-1356. Kempf-Leonard, K., Peterson, E. (2000). Expanding the realms of the New Penology. Punishment Society, 2(1),66-97. Loeber,R., Farrington, D., Waschbusch, D. (1999). Serious and Violent Juvenile Offenders. In R. Loeber D. Farrington (Eds.) Serious and Violent Juvenile Offenders: Risk Factors and Succesful Interventions.London: Sage Publications. Mille, A., Jacobson, J., McDonald, E., Hough, M. (2005). Anti-Social Behaviour Strategies: Finding a Balance.Bristol: Policy Press. Moss, K. (2001). Crime Prevention v Planning: Section 17 of the Crime and Disorder Act 1998. Is it a Material Consideration? Crime Prevention and Community Safety: An International Journal, 3,43-48. Muncie, J. (1999). Institutionalized Intolerance: Youth Justice and the 1998 Crime and Disorder Act. Critical Social Policy, 19(2),147-175. Muncie, J. (2006). Governing young people: Coherence and contradiction in contemporary youth justice. Critical Social Policy, 26(4),770-793. Muncie, J., Hughes, G. (2002). Modes of governance: Political rationalities, criminalization and resistance. In J. Muncie, E. McLaughlin, (Eds.). Youth Justice: Critical Readings.London: Sage Publications Ltd. Newburn, T. (2002). The contemporary politics of youth crime prevention. ? In J. Muncie, E. McLaughlin, (Eds.). Youth Justice: Critical Readings.London: Sage Publications Ltd. Sanders, B. (2005). Youth Crime and Youth Culture in the Inner City.London: Routledge. Scanlan, D. (1998). The Crime and Disorder Act 1998: A Guide for Practitioners.London: Callow Publishing. Scraton, P., Haydon, D. (2002). Challenging the criminalisation of children and young people: securing a rights based agenda. In J. Muncie, E. McLaughlin, (Eds.). Youth Justice: Critical Readings.London: Sage Publications Ltd. Squires, P. (2008). ASBO Nation: The Criminalisation of Nuisance.Bristol: Policy Press. Winter, H. (2007). The Economics of Crime: An Introduction to Rational Crime Analysis.London: Routledge.

Hitler :: essays research papers

ADOLF HITLER'S RELIGIOUS BELIEFS AND FANATICISM People often claim that Adolf Hitler believed in Atheism, Humanism, or that his religion involved ancient Nordic pagan mythology . None of this is true though. Although one of Hitler's henchmen, Alfred Rosenberg , did undertake a campaign of Nordic mythological propaganda, Hitler and most of his men did not believe in it .Many American books, television documentaries, and Sunday sermons that preach of Hitler's "evil" have eliminated Hitler's god for their Christian audiences. One has only to read from his own writing to appreciate that his God equals the same God of the bible.Hitler held many beliefs which not only include God and Providence but also Fate, Social Darwinism, and politics . He spoke , unashamedly, about God, fanaticism, idealism, dogma, and the power of propaganda. Hitler always held strong faith in all his convictions . Hitler justified his fight for the German people and against Jews by using Godly and Biblic al reasoning. One of his most revealing statements makes this quite clear: " Hence today I believe that I am acting in accordance with the will of the Almighty Creator:* by defending myself against the Jew, I am fighting for the work of the Lord.*"Although Hitler did not practice religion in a churchly sense, he certainly believed in the Bible's God. He was raised as a Catholic and went to a Catholic school. Hitler's anti-Semitism grew from his Christian education. Christian Germany in his time took for granted the belief that Jews held an inferior status to German Christians . Jewish hatred did not spring from Hitler, it came from the preaching of Catholic priests, and Protestant ministers throughout Germany for hundreds of years. The Protestant leader, Martin Luther, himself, held a livid hatred for Jewish religion. In his book,"On the Jews and their Lies," Luther set the standard for Jewish hatred in Protestant Germany up until World War II.

Essay --

â€Å"The sandy beach is a harsh, constantly changing environment,† explained by the UKMCS (2). This is the ocean is constantly moving because of the wind in the earth’s atmosphere (Crawford 4). Along the edge of most coastlines, a commonly found zone is an estuary (Marine Conservation Society (UK) SouthEast 1). This is where brackish waters, an area where freshwater is released and mixed with the ocean’s salt water, is created (1). However, even though there are small amounts of freshwater added, this does not change that the salinity of the ocean is remarkably high. Salt is carried into the ocean by rain, rivers, streams, and underwater volcanoes (Office of Naval Research 3). Because of the multiple sources of salt, the levels of salinity within the ocean shoot up rapidly. The Office of Naval Research states, â€Å"Salinity is expressed by the amount of salt found in 1,000 grams of water† (3). Marine ecologist created an expression for the amount of salt inside a given area. If there is one gram of salt within 1,000 grams of water, then it is represented as 1 pound per ton (3). The oceans salinity varies between about 32 and 37 ppt (3). Most humans would not be able to live in an ecosystem with salinity levels being this high, however some organisms have adapted to surviving is such an environment. Osmosis is an animal’s way of adapting to different types of salinities (Office of Naval Research 3). All marine mammals have special traits that they adapted to help them survive in or around marine habitats (Marietta College 1). As prompted by the Marietta College of Ohio â€Å"Many organisms in saltwater are osmoconformers.† (1). An osmoconformer is an organism that has the same concentration of salt within its body as the surrounding water (1).... ...terials into the water and can threaten organisms (1). Most NSP is located close to people’s homes. Most importantly is the hazard material that is used and not properly cleaned or disposed of. If people have a septic tank on their property, and it is not the correct size, they can leak and pollute surrounding ground water (1). Poisonous materials from cars and other vehicles such as oil, brake fluid, grease, and gasoline, can be washed off and channel into storm drains, giving them direct access to the ocean (1). If it is not being washed off, then another large problem is when it is spilled or dumped out (Hemminger 4). These products can be picked up by rain and pushed down into storm drains (Natural Resources Defense Council 1). The last most common NSP is when non-degradable products are flushed down the toilet, which can damage the sewage treatment process (1).

Cultural Brokers in Colonial America

During the settlement of North America there were many people who crossed cultural borders becoming cultural brokers. Three such people were Isabel Montour, Samson Occom and Susannah Johnson. These three possessed strong language skills or the ability to learn new languages quickly, this was perhaps the most important skill needed to cross cultural borders and communicate with â€Å"outsiders. † Another necessary skill was a complete understanding of their culture and the cultures of other groups. This skill was used to convey traditional customs, political protocol, and to avoid any misunderstandings between the people of the each culture.The cultural broker would also have an agreeable disposition. Likeability and the ability to get along well with most people would be an asset in a cultural broker. Intelligence and diplomacy were also attributes necessary for the success of a cultural broker. I believe the cultural broker would have to be able to take rejection because of t he possibility of those in their culture ostracizing them for their association with the â€Å"other† culture. A combination of these skills would allow a person to move easily from one culture to another and sometimes have a foot in both at the same time.Isabel Montour was born in Canada to a French father and Abenaki mother. She was about ten years of age when warriors of the Five Nations of Indians raided her village during war with the Canadians and took her captive. The Iroquois Indians adopted her and she was raised as one of their children. Upon maturity she married an Oneida war captain named Carondawana. In 1711, New York Governor Robert Hunter enlisted Madame Montour’s assistance regarding negotiations with the Iroquois. Governor Hunter would make her a central figure in Indian negotiations in New York. He considered her to be one of his â€Å"most trusted advisers. Her duties included acting as interpreter at conferences, and helping to write speeches to be delivered. Another aspect of her work involved relaying messages and explaining the expectations and mannerisms of the Indians to the colonists. Through her work she aided the colonists’ in their quest to understand the culture of the Iroquois. She had great knowledge of the customs, ideas and the language of the Iroquois. Her ability to fluently speak English, French, Oneida, Mohawk, Delaware, and possibly Huron and Miami along with her many relatives located throughout Canada and the Great Lakes region identified er as a person â€Å"in the know† about the issues facing both cultures for the majority of her life. She was â€Å"trustworthy, and unafraid to tell the truth†. In the 1720s her family moved to Pennsylvania’s Susquehanna River Valley to live in an Indian community. Here she also served as interpreter for the colonists’ in negotiations with the Iroquois. As in New York she was known for her knowledge and often asked for her advice regar ding Indians affairs. In 1729, while on his way home from war with the Catawba Indians, her husband, Carondawana was killed.After his death she focused her attention on teaching her son Andrew the skills necessary to be a successful diplomat and cultural broker. Madame Montour had no real memory of her birth culture. Because of her mixed heritage she could blend in with many cultures by emphasizing or de-emphasizing certain aspects of her background. Madame Montour moved easily between the cultures of the Indians and the colonists. She was very adaptable. This was probably derived from her early capture and assimilation into the Iroquois culture.Despite having family among Iroquois and supporters among the white settlers at times it seems she did not quite belong to any specific group. Even after being adopted by the Iroquois they still referred to her as the French woman who was married to an Indian. It seems Madame Montour was a woman of many cultures but also a woman with no true culture of her own maybe that is why she was successful as a cultural broker. Madame Montour both gained and lost by crossing cultures. She gained the respect of government officials in the colonies beginning with Governor Hunter of New York.Her work as an interpreter and assistance in the understanding of the Iroquois provided financial resources for her and her family. She also gained a well-deserved reputation as an important person who was well versed in the manners, customs, and languages of the Indians. Due to her own cultural brokerage she trained her son Andrew Montour to be a cultural broker providing him with a career. Madame Montour also lost as a result of her cultural brokerage. Her mixed heritage set her apart and her association with the colonists caused ill will among some of the Natives.Although she was respected among the colonists and Indians alike, this did not necessarily â€Å"translate into acceptance† among either group. After the death of her husband even the Oneida community â€Å"began to marginalize her family† and she moved around frequently alone or with her son. She received little â€Å"in the way of reward from the white colonial or Indian societies whom she served†. Madame Montour was used by both the colonists and the Indians. The colonists respected her and actively sought the knowledge she held regarding the Indians but as soon as she was no longer needed she was cast aside and forgotten until they needed her again.An Oneida headman Shickellamy used Madame Montour’s contacts and influences to grow his status as a representative of the Iroquois Confederacy. Then he and a Seneca headman accused her of being untruthful and ended her public career. â€Å"She never again appeared at a conference in any recognized capacity. † Madame Montour used her fluency of language; her family connections and knowledge of Native customs to help the colonists’ come to understand the Natives. Like Mada me Montour, Samson Occom was a cultural broker but he used a different path to achieve his brokerage.Samson Occom was Mohegan by birth. During the â€Å"Great Awakening† he converted to Christianity. Tutored by Reverend Eleazar Wheelock he learned to read and write in English. Additionally, he learned Latin, Greek, some Hebrew, Oneida, and Mohawk. Occom became an ordained minister. He used the path of â€Å"Reformed Protestantism, namely, Congregationalism and Presbyterianism† to cross cultural borders. He built a two story frame house in Mohegan where his family lived for twenty-five years. To his people and the English the house represented his moving from his birth culture to the English culture.Wheelock asked Occom to travel to Britain to raise funds for Dartmouth College which he said would be used to educate Native youth. In Britain Occom was somewhat of a celebrity and preached to the people there and in Scotland. Upon his return to North America Occom learned W heelock had deceived him regarding Dartmouth College. The target students were to be young English men. Occom had made the trip to Britain because he believed Native youth would make up the majority of the students. Occom never traveled to Dartmouth College and severed his ties with Wheelock.After a period of depression Occom gained a â€Å"renewed sense of self-worth† as a sermon he had delivered was published as a temperance tract. While in Britain Occom had collected hymnals and in 1772 he published a book of his favorite hymns. Later his knowledge of English law and his recordkeeping would enable the Mohegan to retain land in the community he started called Brothertown. When Occom died Mohegan, Iroquois, and Algonquian Indians attended his funeral which was preached by an Englishman/American and was held in Brothertown.The many different cultures present reflected his experience as a cultural broker but the place his funeral was held said even more: â€Å"Samson Occom ha d come home. † Occom adjusted well to the English culture in the beginning. It could be said he even preferred the English culture over his own. But Occom never forgot about his people as to do so would have been irresponsible. Occom was well received in Britain where he was considered â€Å"a unique attraction. † In Scotland he was a living example of the success of their â€Å"commitment to education and conversion† important because they funded Wheelock’s ventures.Occom became less enchanted by the Europeans when he discovered Wheelock had deceived him about Dartmouth College. He decided that his faith was the only good thing to be taken from the English culture and severed ties with Wheelock and the English culture. This was a reverse of his early years when he had offended the Oneida by telling them to â€Å"to grow their hair long as the English do and not to wear wampum or other such things† which suggested he agreed with the concept of confo rmity. Occom gained the ability to read and write by crossing cultural borders.Additionally he gained his lifelong faith in God through Protestant Religion. He became an ordained minister and used his preaching to help his culture. Occom learned the English laws regarding property ownership which eventually led to his people keeping the lands among the Oneida. He gained recognition through publication of one of his sermons and his popular book of hymns. In contrast he lost a part of his own culture for a brief time at the beginning of his association with the English. His knowledge of the English ways also â€Å"created a bone of contention with the splintered loyalties of the Mohegan tribe. Occom sacrificed time away from his wife due to his service to the English and Wheelock. Eventually the English culture lost appeal to Occom due to their abuse of his trust and confrontations of â€Å"English antagonism. † Occom was used by several people. The Boston Board used him to pr ove a Native could be used as an educator and cheap labor at the same time. Wheelock used him to obtain funds to create Dartmouth College and to prove his ability to convert and educate the Native people showing he was worthy of the donations he had received.Even though he eventually withdrew from the English culture Samson Occom achieved many things during his time as a cultural broker just as those before and after him. Roughly the same time as Occom was using his religious faith to cross cultures another person, Susannah Johnson, was pursuing cultural brokerage through another path. Susannah Johnson was a cultural broker. Her ability to adapt to any environment and â€Å"attract and remember the kindness of others† was the main path of her brokerage. Susannah’s empathy for those in her culture and other cultures helped her cross cultural borders.Through the telling of her and her family’s trials as captives of the Abenaki Indians she helped challenge many ide as about the Indians that were not always true. Susannah was born on the Massachusetts frontier to Moses and Susannah Willard. She married and her husband and family lived on the New Hampshire frontier in Charlestown. On August 30, 1752, a group of Abenaki Indians raided their house and took her captive along with her husband, their three children, her sister, kinsman Ebenezer Farnsworth and a friend Peter Labarree.She was pregnant at the time and on the second day of their captivity she went in to labor and delivered a baby girl she named Captive. Susannah considered the Abenaki to be â€Å"by no means void of compassion† as they helped her to deliver, clothed the baby and provided shelter for mother and baby. Additionally the Abenaki built a litter to carry Susannah and baby Captive but the other captives tired after a couple of miles and she was offered a horse to ride which she accepted for fear of being left behind in the wilderness with a newborn. Susannah spoke of how the Abenaki showed mercy to her family and the other captives.Susannah also spoke of the Abenaki modesty. Upon being sold to Governor Ange Duquesne de Menneville, Marquis Duquesne, in Montreal Captive became ill and Susannah allowed her to be baptized a Roman Catholic and named the governor as her godfather. As Susannah was a Puritan this was a huge leap into another culture. Her husband James raised the money for his release and was allowed to return to New Hampshire to obtain the money to pay the ransom for Susannah and their children. Due to Massachusetts preparing to expeditions against Acadia and Fort St. Frederic James was not allowed to return to Canada.When James did not return to Montreal Susannah and her two youngest daughters and her sister were cast out of Canadian society and made a living as seamstresses. When he finally returned to Montreal due to the escalation of war, James was considered a parole violator and posed a risk to military intelligence. Later, Susannah, James and the two youngest daughters were sent to Quebec to a criminal prison where conditions were poor and disease rampant. Intendant Francois Bigot used his influence to allow the Johnsons to be moved to a civilian prison where conditions were more comfortable.There the family had a garden and Susannah was allowed to travel to town weekly to buy necessary goods. While in prison she gave birth to a stillborn son and learned her father had been killed by the Abenaki during another raid. Her baby girl Captive spoke only French and Susannah learned enough to understand her daughter. The Johnsons were given permission to go home via England but at the last minute they said her husband James could not go but she and all but her son still with the Abenaki and her daughter in Montreal went on the boat alone.She arrived home after being gone for three years three months and eleven days. † James having been released arrived home about the same time. Susannah’s son Sylvanus was redeemed from the Abenaki but could only speak their language and broken French. Her oldest daughter finally arrived home after six years in Montreal. Susannah’s family had become a â€Å"mixture of nations. † In later years she loved telling about her adventures which she saw as â€Å"an instructive tale of suffering and redemption. † She always credited the Abenaki with kindness. Susannah had some difficulty adjusting to life with the Abenaki.She was not very good at canoe making and agreed with their adoptive sister’s occasional complaints that she was â€Å"a no good squaw. † Susannah adapted better to life in Canada in Governor Duquesne’s house. She met many other captives there and found the people kind and she was treated like a daughter. Even after being cast out of Canadian society she survived by working as a seamstress. She never did adapt to the criminal prison but in the civilian prison she made do with the little she had. Duri ng weekly outings she met other captives and had conversations with them.During her captivity Susannah met many people who were kind to her and her family. She never forgot that kindness and persevered until she was once again home. As a cultural broker Susannah gained knowledge of Native culture and personal insight into their lives. She became aware the Natives were capable of kindness and were a good moral people. She always believed the Abenaki were nicer to her family than the English would have been to a Native family had the situation been reversed. She found their community very favorable. Susannah further related surprise that the Abenaki adopted her as a sister and treated her as one of their own.Although Susannah gained as a cultural broker she also experienced loss. She had a stillborn son and lost a son to the Abenaki. She later regained this son but he always considered himself an Abenaki. The six years her oldest daughter spent in Montreal were lost to her. One positi ve loss she experienced was her loss of fear over time. Susannah was used by the Indians as trade to the Canadians. She was also used by the Canadians as a prisoner to be bargained for political reasons. The three biographies relate much about intertribal relations and interaction between the Europeans and Natives. Inter-tribal relations were not always positive.The tribes were many times split between loyalties to different cultures. They often looked upon cultural brokers as outsiders or a kind of traitor. There were also good things about tribal relations shown by Occom who never forgot his people. He became a cultural broker more for the benefit of his people than himself. The Indians were usually loyal to one another and treated most captives as family members. The interaction between English and Natives was usually strained. Neither group knew what to expect from the other or understood the other culture. The English were far worse in their treatment of the Natives.They were g enerally unfair and untruthful. They used the Natives far more than the reverse. They considered them backward and perceived them as stereotypical savages. When captured Susannah was surprised to be treated as well as she was for she knew the English would treat their captives far worse. Madame Montour, Samson Occom, and Susannah Johnson were all successful cultural brokers. Cultural brokers played a large role in the colonization of the United States. Although they used different methods to cross cultural borders the intent was universal. They strived to bring understanding to both their culture and the culture of the English.

Capital Punishment: Death Penalty Essay

The word â€Å"Death† itself scares a lot of people, but to get death penalty as one of their punishments sounds really terrifying and grows lots of questions and opinions. Death Penalty has been one of the most controversial social matters, since the early colonization period, in the United States. Whether it serves as a justified form of capital punishment or takes innocent peoples life, death penalty has continually produced a steaming debate. Death Penalty has a long history, starting the eighteen century B.C., when the first death penalty was established during the Babylon era (Center, History of the Death Penalty, 2012). But, death penalty was already carried out during the early fourteenth century and the seventh century. During this time period, death penalty was the answer to all the crimes committed. Several methods of death penalty during the early century were beating to death, execution, burning alive, drowning and etc. (Center, History of the Death Penalty, 2012) . It was the most usual form of punishment that had no laws or regulations placed on them. Britain’s Colonization in the United States in the 1600’s brought several changes as well as the idea of death penalty. Death penalty was one of the most practiced forms of punishment during the colonization period. Captain Kendall, from Jamestown colony in Virginia was the first one to be executed in early 1600 (ACKER, 2003). Many believed that captain Kendall was a spy for Spain. During the Colonial Period, death penalty was implemented for minor offenses such as stealing, killing chickens and etc. As history explains how effective the death penalty was carried out, today’s society reflects a different perspective and mixed opinions about the issue of death penalty. The issue of death penalty reveals both positive and negative perception. Some extremist still believe that death penalty remains an effective method of punishment, whereas many other argue that it is immoral, u nconstitutional, expensive and doesn’t deter the crime. Extremist supportive of capital punishment might argue that death penalty is the only answer to higher offenses such as murder, rape and such. Likewise someone against the idea of capital punishment might think it is immoral to execute someone and to take someone’s life for the crime they did is not rational.  This argument will always keep on moving and we will never reach a definite opinion, where death penalty is still carried out in our country. Britain’s colonization introduced the idea of death penalty to Americans, but during the late 18th century, many Americans began to question whether the death penalty should still be imposed on minor crimes such as stealing, burglary. The colonies also found influential opinions in newspapers and other writings about death penalty. Cesare Beccaria’s Essay on Crimes and Punishment in 1764 influenced many Europeans and Americans (Banner, 2003). The essay brought positive attributes about the death penalty towards the Americans and changed they mentality towards the death penalty. As a result, several European nations abolish death penalty. American intellect uals such as Dr. Benjamin Rush and Benjamin Franklin were also influenced by the writing of Beccaria. The executed the ideas mentioned in the writing and implemented several laws and regulation on death penalty. Pennsylvania was the first state to abolish death penalty for robbery, burglary and killing of animals (Center, History of the Death Penalty, 2012). Several years later, Pennsylvania also cancelled death penalty for every other offense except first degree murder. The abolishment movement in Pennsylvania led to several states to reconsider capital punishment. In 1846, Michigan, Rhode Island and Wisconsin abolished the death penalty for all crimes, except treason (Bohm, 1999). American abolition movement was gaining major support during the late eighteenth century, but there were several other states, still practicing capital punishment and implementing more capital offenses, especially for the slaves. During the movement, nine states abolished the death penalty for all crimes or placed strict limitation on it. (Center, History of the Death Penalty, 2012) The early and mid-nineteenth century saw decline in American abolition movement due to World War 1. During this period, there was a rise of Russian Revolution and Fascism. Americans were more worried about the threat of Russian Revolution and had just entered the war. The war created a social class conflicts, as many socialist were more worried about the challenge to capitalism. Due to the increasing revolution in Russian and capitalism, several states reinstated the death penalty by 1920 (Center, History of the Death Penalty, 2012). In 1924, Nevada introduced the use of cyanide gas to execute its inmate. Gee Jon was the first person executed by lethal gas (Center, History  of the Death Penalty, 2012). During the 1930’s execution rate hit its highest peak in American History, averaging 167 a year (Bohm, 1999). After the war and revolution, many European nations abolished the death penalty and as a result, Americans diverted their attentions towards capital punishment. In 1966, support for capital punishment reached an all-time low. A Gallup poll showed support for the death penalty at only 42% (Bohm, 1999). There have been a numerous cases regarding death penalty, which has contributed enormously, on how death penalty is viewed constitutionally in the Supreme Court. The first Supreme Court case was a case about federal kidnapping statue requiring that the death penalty be imposed only upon a recommendation of a jury. It was a case between U.S. v. Jackson in 1968, where the court held that this practice was unconstitutional (Center, History of the Death Penalty, 2012). Similarly, one of the most landmark cases in death penalty history was a case between. Where the Supreme Court effectively voids 40 death penalty cases and suspends the death penalty in June, 1972. Years later, there were lots of talks about, how Furman v. Georgia states that only specific death penalty was unconstitutional (Union, 2011). After much debate, the U.S. Supreme Court ope ns the door to states to rewrite their death penalty statue. Many states started writing a sentencing guideline for the judge and jury when deciding whether to impose death penalty. The Supreme Court approved most of the guidelines in 1976 in Gregg v. Georgia and reinstated death penalty in Florida, Georgia and Texas (Center, History of the Death Penalty, 2012). Several other cases have laid a foundation for death penalty laws and statue. In Ford v. Wainwright (1986), the Supreme Court stated that execution of an insane, mentally challenged person is unconstitutional therefore this practice was banned (Union, 2011). Likewise, another case of Thompson v. Oklahoma (1988) stated that execution of offenders age fifteen and younger at the time of other crimes is unconstitutional (Center, History of the Death Penalty, 2012). Since its re-instatement to the constitution, there have been quite a few states pushing to end capital punishment. New York’s death penalty law was declared unconstitutional by the state’s high court in June 2004 (Center, History of the Death Penalty, 2012). Also, New Jersey became the first state to legislatively abolish capital punishment since it was re-instated in 1976 (Center, History of the Death Penalty, 2012). Even though, the Supreme Court  states that the death penalty is constitutional under certain circumstances, many states have all the rights to rewrite their death penalty law. To every issue, we always come up with an argument or sometimes we agree with the decision we make. Likewise, we might have majority of people stating that the death penalty is constitutional and will deter crime in a long run. But, many people believe that death penalty isn’t that answer to deter crime and it’s unconstitutional to someone’s life. We have had lots of statistics and useful information, which supports both arguments. Since, reinstating the death penalty, many have argued that the death penalty kills innocent people. Many people believe that the criminal justice system and the legal procedure system of this country aren’t effective enough. According to ACLU, â€Å"Since 1973, 138 death row prisoners have been released because they were innocent.† That number s ounds really excruciating and explains how death penalty is really not the answer. At least 10 people have been executed since 1976, even though they were innocent. Much has to do with wrongful evidence, false confession, mistaken eyewitness and such, American Civil Liberties Union explains that death penalty is racially biased and punishes the poor. Most defendants are poor and cannot afford qualified attorney to oversee their case. As a result, the defendant pleads guilty, thinking it would get them out of death penalty. Many believe that death penalty is much more expensive that life without parole because death penalty requires long and complex judicial process. According to NBER, the extra cost of capital trials was &1.6 million from 1982-1997. The recent study by the Urban Institute predicted that the lifetime cost to taxpayers for the capitally prosecuted cases in Maryland since 1978 will be $186 million (Costs of the Death Penalty, 2011). Since the state reinstated the death penalty, there have been five executions taken place. Mathematically, the cost of every execution was about $32 million. As the numbers explain how death penalty is much more expensive, that amount could have been utilized in different sectors of infrastructure rather than death penalty. California is another state with higher death penalty cost. Since 1978, the average cost of death penalty in California has been over $4 billion (Ellis, 2011). California’s Commission on the Fair Administration of Justice reported that out of the $4 billion, pretrial and trails cost about $1.94 billion and the cost of incarceration is $1 billion. California has conducted 1.940 capital  cases, with every case estimated to be around $1 million (Center, THE DEATH PENALTY IN 2011:YEAR END REPORT, 2011). There has been numerous capital cases in New Jersey resulted in death penalty. Since the state reinstated the death penalty in 1982, it has spent #253.3 million in death penalty cases. Besides Maryland, California and New Jersey, other states such as Kansas estimated that the cost of death penalty case in 70% more than comparable non-death penalty case (Costs of the Death Penalty, 2011). When it comes to execution, every inmate on a death row is offered to pick their choice of execution. There is no limit placed on type of execution that can be performed with lethal injection to firing squad. Electrocution, gas chamber and hanging are other three methods of execution offered to an inmate depending on the state’s legation. New York was the first state to consider lethal injection in 1888 (Stewart, 2011). Today about 35 states use this method of execution. During lethal injection, the inmate is injected with sodium thiopental, which puts inmate to sleep. Next, Pancuronium bromide is injected which paralyzes the entire muscular system and the inmate stops breathing. Finally, the flow of potassium chloride stops breathing. Charles Brooks of New York was the first person to be executed by lethal injection. After the invention of lethal injection, New York wanted to introduce something more humane to execute the inmate. As a result, Electrocution was introduced by New York in 1888 and years later executed William Kemmler in 1890 (Center, History of the Death Penalty, 2012). The electric chair execution requires the person to be seated in the chair with belts around his chest, legs and arms. A metal skullcap electrode is attached to the scalp and forehead. After every tool has been connected to the person, a jolt of between 50 and 200 volts is given to the person. This process continues until the person is dead. Today, only Nebraska uses electric chair as the sole method of execution, while 9 other states provide as an alternative method (Stewart, 2011). Another method of execution is the gas chamber, which was introduced in 1924 in Nevada (ACKER, 2003). For execution by this method, the person is tied to a chair in a chamber. As instructed, the executioner flicks a leveler that releases crystals of sodium cyanide into the pail, situated below the chair. This causes a chemical reaction that releases hydrogen cyanide gas. Arizona, California, Missouri and Wyoming currently authorizes gas chamber as a method of  execution. In recent history only two inmates have been executed by firing squad, both in Utah: Gary Gilmore (1977) and John Albert Taylor (1996) (Stewart, 2011). Depending upon the choice of the inmate, only 3 states, Idaho, Utah and Oklahoma currently use Firing squad a method of execution. For this type of execution, the inmate is placed on a chair with belts around him and a black hood to cover his head. A doctor marks a white target spot around his heart, where the executioner from 20 feet away tries to aim the spot, resulting in execution of the inmate. Hanging was the primary method of execution used in the United States and is still used in Delaware and Washington, although both have lethal injection as an alternative method of execution (Center, History of the Death Penalty, 2012). Before the execution, the prisoner’s hands and legs are secured, and the prisoner is blindfolded, and the noose is placed around the neck, with the knot behind the left ear. The execution takes place when the trap door is opened and the prisoner falls down. The prisoner’s weight should cause a rapid fracture-dislocation of the neck. Currently, Delaware, New Hampshire and Washington are the only three states still using hanging as a method of execution, alternative to lethal injection, depending upon the choice of the inmate (Stewart, 2011). Compared to the early eighteenth and nineteenth century, death penalty is still practiced in the United States but the public support is diminishing. A majority of the U.S. public now prefers alternatives over the death penalty as the best punishment for the crime of murder. Compared to 98 execution in 1999 and 37 in 2008, executions have declined as well. In 2010, there were only 46 executions and 43 in 2011 (Center, THE DEATH PENALTY IN 2011:YEAR END REPORT, 2011). Death sentences have also declined sharply since 1990’s. There were only 78 death sentences in 2011, a decline of about 75%, compared to 315 death sentences in 1996.Compared to 47 death sentences in 1999; Texas had a massive drop to only 8 death sentences in 2011. California, the state with the largest death row had more than half death sentences this year- only 10 compared with 24 in 2010 (Center, THE DEATH PENALTY IN 2011:YEAR END REPORT, 2011). According to Gallup poll in 2011, 61% of the total population favors death  penalty. Even though, more than half of the citizens think death penalty should be continued, there have been continuous developments in the banning of capital punishment (Center, History of the Death Penalty, 2012). Many states are trying to replace death penalty with other form of punishment. In March 2009, Governor Bill Richardson signed legislation to abolish the death penalty in New Mexico, replacing it with life without parole. Two years later, Governor Pat Quinn from Illinois also signed legislation in March 2011, replacing death penalty with life without parole (ACKER, 2003). Also four other states in the past four years have already abandoned the death penalty altogether. Personally, the death penalty law in the United States should be abolished, in consideration to its expensive cost and wrong convictions to innocent person. Abolishing death penalty or replacing it with other punishment would only bring positive incentives to the community. Resources spent on death penalty can be used to expand the resources available for education, rehabilitation program, and drug treatment program and crime prevention. The death penalty is a scary theory for a lot of Americans. People who are convicted of crimes they have not committed have always shown in large numbers. That is why people feel that morally, the death penalty is too harsh, even if you find new evidence in a crime, and are able to free a wrongly convicted person, if you use the death penalty, then you can just bring that person back to life. Like all other politically debated topics, it is difficult to find a middle ground for people to rely upon. As for today, states are making it more and more difficult to keep the death penalty instated. Bibliography Costs of the Death Penalty. (2011). Retrieved from Death Penalty Information Center: http://www.deathpenaltyinfo.org/costs-death-penalty ACKER, J. R. (2003). THE DEATH PENALTY: AN AMERICAN HISTORY. Retrieved 2012, from The University of Hawaii System: http://www.hawaii.edu/hivandaids/The%20Death%20Penalty%20%20An%20American%20History.pdf Banner, S. (2003). The Death Penalty: An American History. Harvard University Press. Bohm, R. M. (1999). Deathquest:an introduction to the theory and practice of capital punishment in the United States. Anderson Publication Company. Center, D. P. (2011, December). THE DEATH PENALTY IN