Monday, January 27, 2020

US criminal justice system: case study

US criminal justice system: case study Introduction The criminal justice system of the United Statesis made up of three key institutions that follow up a case from the arrest to punishment. These institutions include the law enforcement, the court system and the corrections system that work together to enable a sooth process from arrest to sentencing. A case normally begins with law enforcement agencies that investigate a crime and arrest an offender enhancing public safety and maintaining order. The case then continues with the court system that analyzes the evidence and decides on whether the accused is innocent or guilty. The corrections system then takes over the case by punishing and rehabilitating the offenders. The three components of the criminal justice system therefore play a critical role in the criminal justice process and without one component, the system would come to a halt(Sorensen, Snell and Rodriguez, 2006). This research paper discusses how the criminal justice works and the processes involved in solving the case st udy 1 that involves murder. This paper also discusses the weakest and the strongest linksin the criminal justice process. A brief description of the crime The murder occurred at 114 Front Street whereby police found two bodies of Lucy Lane laying dead at the 114 Front Street driveway and Rodney Hill on the dead in the rear of the house. The police discovered the two bodies in response to a 911 call by John Wolf of 115 Front Street. Ms. Lane had multiple stab wounds from the front and rear torso while Mr. Hill had multiple stab wounds to his chest and abdomen. According to Mr. Wolf, he had heard a commotion at the house across the street from the front yard. This was later followed by yelling and shouting for several minutes which were ended by a terrible scream. From his window, Mr. Wolf saw Mr. James Lane, a former resident drive away in a Ford Bronco. He called the police when he saw a body lying still on the driveway across the street. Police investigations confirmed that Ms. Lane did own the house at 114 Front Street and that she and Mr. Hill had been in an intimate relationship for months. Ms. Lane was recently divorced from Mr. Lane and on the day of the murder, Ms. Lane had obtained a restriction order against James Lane alleging prior physical and emotion abuse and threats against her and Rodney Hill. Mr. Lane denied killing his ex-wife and Mr. Hill following interrogations by the police and he could not explain his whereabouts during the incidences. A search warrant in Mr. Lane’s house discovered a six-inch lock-blade knife in a dresser drawer and clothing in the basement that appeared to be soaked in blood. Following scientific tests, the blood on the clothing were found to match the blood type and DNA of both Lucy Lane and Rodney Hill. The knife also gave the same results for the blood samples. This evidence led to the arrest of Mr. Lane for the murder of Lucy Lane and Rodney Hill. Processes in the adult American criminal justice system This murder case involves the state against James Lane for the murder of Lucy Lane and Rodney Hill. The correct due process of the criminal justice system in this case starts by the lawful arrest of Mr. James Lane as the police officers have reasons to believe that he committed the offence. The witness statement by Mr. Wolf, the relationship between the deceased and the suspect as well as the six-inch blade and the clothing with blood are the incriminating evidence against Mr. Lane. Once Mr. Lane has been arrested, the witness who is Mr. Wolf may identify him and make a statement with the law enforcers. the police officers will search Mr. Lane and the officers will have a warrant to seize any piece of evidence discovered in the search. theevidence to be collected will be the proceeds of the crime from Mr. Wolf’s statement, the six-inch blade and the clothing with blood stains. Other items that will be collected that connect the defendant with the murder will be the scientific tests that match the blood stains on the clothing and blade with that of the murder victims. Once the defendant is arrested, the police will take his fingerprints, prepare the arrest report, as well as other police forms like the complaint report(Wolfgang, 1990). Once the arrest has been made, the court system shall take over the murder case. The prosecutor decides to prosecute the case based on the amount and validity of the evidence. The prosecutor will be representing the state and the murder victims while the defense attorney will be representing Mr. Lane. The courts act as the guardian of the constitution and so accord the accused with rights under the US bill of rights. There are therefore several restrictions on the court’s ability to prosecute the murder case against Mr. Lane. Other restrictions will be the right to a jury trial, right against self-incrimination and a right to counsel. A court judge will then decide the terms of the bail for this murder case of which it is likely to be $ 2 million dollars based on the nature of the case. The defendant has chosen to plead not guilty and hence he will have a counsel and a jury trial for the case. The defendant has the right to choose an attorney who will represent him if he can afford one and if he cannot, the court will appoint the counsel. Mr. Wolf will be convicted of two accounts of second degree because Ms. Lane was recently divorced from Mr. Lane, Mr. Lane had been physically and emotionally abusing Ms. Lane and even issue threats against Ms. Lane and Mr. Hill, and that Ms. Lane had obtained a restriction against Mr. Lane. After the jury finds Mr. Hill guilty of second-degree murder, the sentencing is passed. Based on the mitigating factors, the offender’s history and the federal statute criminalizing second-degree murder, Mr. Lane will be sentenced to a minimum of 40 years institutionalized jail term. An alternative sentencing would be a life term with parole possibilities(Sorensen, Snell and Rodriguez, 2006). After the sentencing, James Lane will move to third part of the criminal justice process that is correctional agencies. The correctional agencies include the system of probation including prisons, parole or jails. From the courts, Mr. Lane will be sent to a reception center from where he will be transferred to a correction institution. The classification score will be processed at the reception center based on the length of the sentence, Mr. Lane’s occupation and stability. Mr. Lane will serve his sentence at a state prison, but the classification score might change over time based on the Mr. lane’s behavior and other case factors. In the corrections department, Mr. Lane will undergo educational and vocational programs that will earn him work time credits and if he is in best behavior, he will continue to participate in the programs. Once Mr. Lane completes his sentence, he will be released under the state supervision. The state parole will require Mr. Lane to follow pa role conditions like not contacting the victims’ family or the witness(Wolfgang, 1990). The weakest and strongest links in the criminal justice process All the three components of the criminal justice system play a critical role in the process. The correctional agencies are definitely the weakest link in the criminal justice system. The correctional system in the US is afflicted by overcrowding and failure to rehabilitate criminals. The prison population explosion in the American correctional facilities is mainly due to tougher criminal laws that have seen more people being sentenced to prison. Despite this growing population , the correctional facilities have failed to keep up with services and rehabilitation programs for the inmates. Research shows that it is difficult to fully rehabilitate offenders in the correctional facilities. This has been witnessed byincreasing number of offenses after institutionalization of an offender. The correctional system will therefore need to adopt rehabilitation techniques that work best to rehabilitate offenders. The strongest link in the criminal justice system is the law enforcement agencies. The principle roles of the law enforcement agencies are criminal investigations, patrols, emergency response and crime prevention. The law enforcement agencies enforce all laws set by the federal government in the United States. This component of the justice system is the strongest link as it introduces the offenders to the process ensuring that there is law and order in the society. The US has more than 17,000 law enforcement agencies that employ close to a million officers. These agencies include sheriff’s departments, police departments, state police, and 50 agencies that enforce federal law. The diversity of the law enforcement agencies makes it efficient for the law enforcers to ensure law and order. Other than ensuring security for citizens and using all means to prevent crimes, the law enforcement agencies have been able to investigate criminal activities as well as arrest the offenders. For the murder case of Lucy Lane and Rodney Hill, the law enforcement agencies responded to the emergency call by Mr. Wolf, and they efficiently carried out investigations, collected evidence and arrested the accused. The law enforcement agencies bring offenders to justice by introducing them to the criminal justice system(Sorensen, Snell and Rodriguez, 2006). Conclusion In conclusion, all three components of the criminal justice system are equally important for the process. A case has to follow the whole process form arrest to sentencing that involves the three components. America would not need the law enforcement agencies if there were no courts to punish the offenders or place them in correctional facilities. Likewise, the society would not need the court system if there are no correctional facilities from where offenders can serve jail term and punishment. In order to ensure a smooth criminal justice system, all the three agencies involved need to work together so as to ensure the common role of maintaining law and order(Wolfgang, 1990). Throughout the criminal justice process, there are constitutional protections that ensure the respect of the rights of the accused and offenders. These protections will enable the criminal justice system to arrest, punish and rehabilitate James Lane based on the fundamental rights. This research paper discusses the parts and processes of the criminal justice system together with the strongest and weakest links and how a murder case is solved. References Sorensen, J., Snell, C. and Rodriguez, J. (2006) An Assessment of Criminal Justice and Criminology Journal Prestige, Journal of Criminal Justice Education, 17:297-322. Wolfgang, M. (1990).Crime and Punishment in Renaissance Florence.Journal of Criminal Law and Criminology (Northwestern University) 81 (3): 567–84.

Sunday, January 19, 2020

Because I Could Not Stop For Death Essay

The poem is generally about death and the thoughts going on in the mind of the person nearing it. In simple and short phrases, the persona of the poem is expressing his feelings towards the end of his life on earth and the beginning of his immortality in eternity. The poem basically treats death not a negative thing but something that cannot be avoided and everyone shall face in the future. Although the persona in the poem is sad because he has to leave behind the earthly realm he loved and got used to, he cannot deny death and saw something positive in the process of embrasing it. The poem was developed in a way that it incorporated both the aesthetic and rational sense. It has six (6) stanzas. The lines of the poem’s stanzas have alternating eight (8) and six (6) syllables. There is no specific rhyming scheme in the construction of the poem making it a free verse. Even so, the combination of words, especially the descriptions elaborately shows connection with each other. Be/cause/ I/ could/ not/ stop/ for/ Death — 1 2 3 4 5 6 7 8 He/ kind/ly/ stopped/ for/ me – 1 2 3 4 5 6 The/ Ca/rriage/ held/ but/ just/ Our/selves – 1 2 3 4 5 6 7 8 And/ i/mmor/ta/li/ty. 1 2 3 4 5 6 (All succeeding stanzas have similar syllabic pattern. ) The first stanza of the poem is a clear introduction of what death is. The opening lines Because I could not stop for Death – He kindly stopped for me means that the persona doesn’t want death. However, he has to face it. And when he is taken by death, there is nothing in the physical world that he can bring with him aside from his immortality. It is a declaration how powerful and divine death is. After the poem’s heavy introduction, it is then followed and supported by stanzas with lines grouped in a way to best describe the event. The reader of the poem is taken to a trance that will show him the best picture of death and what it does. There are descriptions of what the things that will be left behind are and what waits. The real meaning of the poem may not be understood by single reading because of the very obscure diction. Nevertheless, a close look will reveal the great imagery that is contained in the poem. In the fifth (5th) stanza of the poem We paused before a House that seemed A Swelling of the Ground – The Roof was scarcely visible – The Cornice – in the Ground – the imagery is very impressive. The author used the above phrases and lines to describe the end point of every one who dies. Anyone who reads through the lines will realize that the burial place is just a stop-over or a pit stop for a more interesting journey – and that is the journey to eternity. Meaning, there is more than just the dying and the ceremony when it happens. People should look forward on eternity and the possible beauty and joy we may find there. The poem does not have a rhyming scheme but the words are in harmony with each other. Moreover, the way each stanza was developed is consistent with the previous and the next. Because of the aforementioned writing strategy, the picture of the poem all fell into place making it like a mini-movie once read. The idea is successfully extended to the readers because of the very interesting way words are put together. Usually, death is pictured as something tragic, thus, something that should be scared about. But the author Emily Dickinson successfully depicted death in such a way that it uplifts one’s spirit. It is almost positive that Emily Dickinson wrote this piece during her last days on Earth. And in an artistic way, Emily Dickinson converted her experience into a masterpiece that will inspire readers for generations.

Saturday, January 11, 2020

How Do Stevenson And Golding Reveal The Characters Of Edward Hyde And Roger In their Texts? Essay

In Golding’s ‘Lord of The Flies’ and Stevenson’s ‘Dr Jekyll and Mr Hyde’ there are main characters of evil, Hyde and Roger. Their characters are revealed skilfully in the texts by the authors. Their characters are uncovered though various characteristics such as their names, where they live, their description and their actions and crimes. ‘Hyde’ from ‘Dr Jekyll and Mr Hyde’ has an extraordinary name; it is a metaphor of ‘Hide’, this is used because after he has committed his crimes he is very sly and runs from the police back to his derelict house and turns back to Jekyll for example, when Hyde slayed Carew. Roger’s name means spear; this could imply that he has more to him than first thought, for example, a spear is used in the hunt for killing, Roger enjoys the hunt of the sow and has merciless pleasure in the killing. The places Roger and Hyde live, illustrate certain things about them, Hyde for example lives in a house that could be conveyed as anything but homely; it is described as ‘a certain sinister block of building thrust forward in its gable on the street’, this suggests something different about Hyde, perhaps that he too is distinctive from the crowd. Descriptive imagery of him shows ‘something wrong’ about him, his house is used as a metaphor for him, he and his house share distinct features of deformity and neglect ‘in every feature bore the marks of prolonged and sordid negligence’ and him a ‘strong feeling of deformity’. Hyde’s outward appearance is also compared to that of an animal, possibly suggesting that he is not entirely human. Roger’s settlement is also used as an interpretation of Roger, he stays at first with the whole group on the beach, but throughout the novel as the boys break up, he follows Jack and moves up to ‘Castle Rock’, he uses Castle rock as a type of fort, unlike Hyde the place where Rodger stays is the place he commits his worst crime, the murder of Piggy. Roger’s first examples of aggressiveness could at first be conveyed as horrible childish pranks or games, when he starts off by throwing stones at the ‘littluns’, he first aims to miss because he is still held by the thought of civilisation, its rules and the punishment he would receive at home. As the thought of civilisation dies away and Roger realises that his immoral behaviour does not need to be suppressed, as there is no one on the island that can enforce punishment. Roger and Maurice antagonize the ‘littluns’ by walking over and destroying their Sandcastles, ‘led the way through the sandcastles, kicking them over, burying the flowers, scattering the chosen rocks’. By chapter 10 Roger’s ‘childish games’ are so savage and evil, that his cruel instincts kill Piggy, ‘with a sense of delirious abandonment, leaned all of his weight on the lever†¦.The rock struck Piggy a glancing blow from the chin to the knee’. Hyde is exposed to the reader as evil from the very first encounter with him in the book. He tramples over an innocent young girl and after does not seem to show any remorse for his actions. Although Hyde represents evil throughout the book, his wickedness increases somewhat to cause death, he kills ‘Sir Danvers Carew’; he and Sir Danvers are in midst of a conversation when Hyde appears to dislike something that is said, he then flies into a rage and clubs Carew to death. Throughout the novel Roger is progressively revealed as more and more evil, he begins to intentionally hurt the other boys. Roger represents pure evil; he is a sadist and causes pain and hurt for fun. Roger has no mercy; he gets sadistic pleasure by inflicting pain, for example the torture of the pig and of the other boys on the island. Hyde also represents pure evil; his trampling of the girl and the killing of ‘Sir Danvers Carew’ is for no apparent reason, Hyde kills because ‘Carew’ is a wholly good character, because of this Hyde feels the need to harm him. The way Stevenson and Golding reveal the characters of Hyde and Roger in the texts, is very important in establishing what the characters are truly like. Hyde represents evil from the moment he is presented to the reader, unlike Roger who begins in the novel a very introverted boy, he gradually discovers a malevolent side of himself; one that was not able to surface in a civilised world with all of its restraint and punishments.

Friday, January 3, 2020

The Cult Of Personality Lynden Voth - 992 Words

The Cult of Personality From Jamestown, to Scientology, and even at one point Christianity, cults have helped to shape our way of viewing religion so much so that it is hard to imagine a life without them. Cults have a negative connotation in our modern world typically due to the violence that their members undertake in attempting to save their way of life or convert others. The question must be asked then; what would happen if a cult became a place of community rather than a place of religious intolerance? No longer would cults be seen in negative lights such as Jamestown and similar suicide cults, but instead be an intense bonding experience between like minded members of society. With interpersonal relationships so fragmented in our modern day, people could find immense benefit from face to face experiences with others, hence the need for a new type of cult to be created. While there are many reasons that Lynden Voth should form a cult, some of the most important include the creat ion of a nonviolent form of religion that would only play a small part in daily lives, the leadership potential from its founder, and the reformation and community atmosphere the cult would attempt to inspire. Religion has been stated many times by historians as a way to inspire comfort about uncertainty, and that’s exactly what the hypothetical modern day cult Lynden Voth would create would focus on. Instead of a religious tome that contained strict codes pertaining to the eating of certain

Wednesday, December 25, 2019

Hamlet and the Yellow Wallpaper - 1002 Words

The Nature of Insanity in â€Å"The Yellow Wallpaper† and â€Å"Hamlet† There are many different events in a person’s life that could lead them to insanity. In Charlotte Perkins Gilman’s â€Å"The Yellow Wallpaper† you are dealing with a woman who is a victim of male over-protectiveness and isolation that eventually leads to her insanity. In William Shakespeare’s â€Å"Hamlet† you are dealing with a man who has to deal with his father’s death and rejection from the love of his life that eventually leads him to a form of insanity. Each character handles their situations differently, but it could have gone the other way had they chose to make different decisions. In â€Å"The Yellow Wallpaper†, a woman suffers from a nervous condition and is taken to a†¦show more content†¦She has to tear off all of the wallpaper to free the woman, which in turn will free her. â€Å"I wasn’t along a bit! As soon as it was moonlight and that poor thing began to crawl and shake the pattern, I got up and ran to help her. I pulled and she shook. I shook and she pulled, and before morning we had peeled off yards of the paper† (416). She is becoming obsessed with the wallpaper, and it is now beginning to consume her. She moves slowly into her insanity, and separates herself from the observation of others. In the end, â€Å"I’ve got out at last . . . And I’ve pulled off most of the paper, so you can’t put me back† (417). Hamlet, the Prince of Denmark, begins as an admired and noble young man. However, fate and the turn of events lead the tragic hero the depths of his fortunes. The tragedy starts with the death of the heroic King Hamlet. His brother, Claudius is the successor as King of Denmark and married the protagonist’s mother. When a ghost of the late King Hamlet appears, Hamlet’s downfall begins. The ghost explains to Hamlet that Claudiu s killed his father â€Å"upon my secure hour thy uncle stole with juice of cursed hebona in a vial, and in the porches of my ears did pour the leperous distilment, whose effect holds such an enmity with blood of man† (1001). Hamlet then feels like he must get revenge against Claudius and sets out to plot how it will happen. King Claudius senses something suspicious about Hamlet and sends for Hamlet’s twoShow MoreRelatedEssay on Existentialism in Unknown Places1409 Words   |  6 Pagesand do for themselves only. They believe that to understand what it means to be human requires understanding of themselves first. Some very well known pieces of entertainment existentialism is found in are: Hamlet by William Shakespeare, The Metamorphosis by Franz Kafka, â€Å"The Yellow Wallpaper† by Charlotte Perkins Gilman, The Stranger by Albert Camus, and The Breakfast Club by John Hughes. 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Tuesday, December 17, 2019

Review for Exam 3 Essay - 939 Words

TRUE-FALSE QUESTIONS 1. In a criminal trial, the defendant must be proven guilty by a preponderance of the evidence or beyond a reasonable doubt? True 2. A preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime or requires that bond be set? 3. A misdemeanor or felony is a crime punishable by a fine or a jail sentence of less than one year? 4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith? True 5. The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat corporate crime? (Hint: No, organized crime†¦) False 6. General partners or Limited†¦show more content†¦Know which of the following statements is not true regarding the characteristics of a general partnership? A. No minimum amount of capital is required. B. The partners must share in profits. C. There must be a written partnership agreement. D. It may acquire property in its own name. 31. Know that a partnership agreement usually includes, the division of profits and losses between the partners, partnership salaries or withdrawals, the duties of the partners, all the responses are correct. 32. Know that civil and criminal claims are not mutually exclusive. 33. Review Embezzlement. 34. Review Double Jeopardy. 35. Know that res ipsa loquitur would describe negligence where a post operative x-ray showed a surgical sponge in your stomach. 36. Know the elements of a tort: Duty, Breach, Damages and Causation. 37. In negligence cases, Defendants are generally held to the standard of a reasonable person. 38. Which of the following describes when an employer is held vicariously liable for the torts of the â€Å"servant† or employee if the employee was acting within the scope of his or her employment? A. Worker liability B. Responder liability C. master/servant liability D. 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Monday, December 9, 2019

Primary Education Post Plowden Legacy Essay Example For Students

Primary Education Post Plowden Legacy Essay The task assigned was to read all six chapters provided, select one and produce a critique on the subject matter. The chapter selected was number six which analysed pupils and work. Firstly I wish to briefly summarise the entire chapter, highlighting the areas which I considered to be the most important, these areas will then be examined in depth and their merits or shortcomings discussed. Firstly a summary of the chapter is needed to put into context the areas that will be discussed later. The whole chapter can be split into two main areas of iscourse:- relationships and work and negotiation. As there has been little research into pupils approaches to schoolwork, the authors chief concern is that of the pupils perceptions of , and approaches to, schoolwork, and the first point s/he makes is that there are differences between teachers and pupils ideas of what constitutes worthwhile work. The author sets out to define the meaning of work and in doing so draws our attention to differences between pleasurable work and labour. Workmanship, it is argued, has been replaced by unskilled labour and people now work as a eans to an end seeking enjoyment through other avenues such as hobbies and recreation. Teaching methods and school ethos in general are seen as outmoded and alien to the cultural and social influences on pupils. Therefore, there is greater responsibility on the teacher to make work seem more utilitarian and attractive. Research revealed that many pupils felt that work was pointless and invalid unless it was undertaken in preparation for forthcoming exams. However, work that may be deemed pointless or onerous by both sets of pupils (exam and non- xam) could be given validity by the teaching strategy employed. Pupils seemed to be more concerned with the status of the work and their personal relationship with the teacher, therefore the pupil reaction to any given task depended heavily on these two criteria. It is identified that pupil-teacher relationships are extremely important and they contain many concealed aspects which will be discussed in Part 1. A prevalent feature of pupil-teacher relationships is the negotiation that takes place and teachers will offer incentives to pupils in order to encourage the process of work. It is interesting to look at the way in which teachers can utilise their experience and maturity to manipulate or cajole pupils into performing a given task, and this will be examined in Part 2. PART 1 RELATIONSHIPS WORK The first key issue in this chapter that I wish to examine is that of pupil relationships with teachers, and how they affect classroom behaviour and the amount of work produced. I mentioned earlier that because of deep-rooted cultural influences many adults regard work to hold little or no satisfaction, and this notion permeates through to their children. This notion combined with pupils own perception of themselves as having to be forced to work creates an arduous environment for the teacher. However, it must be said that work that is found unpleasurable to pupils is often that of the purely academic type which does not permit any creative license. Although academic work is of far more value, teachers often find themselves having to offer incentives or punishment in order to motivate pupils whereas the work with little or no academic value is seen, generally, as enjoyable i. games and arts. The author places great emphasis on trust. S/he asserts that many children cannot foresee the long-term advantages of doing work in schools and that many simply believe or disbelieve the teacher when s/he says it will be of benefit.. The point made may be valid but perhaps only in primary schools. I propose that in todays secondary school this idea has very little bearing and children are now more acutely aware than ever before of social and econo mic factors that dictate the need to do well in school. .u0beb55ae37bf6b4b671545ee5f5589d1 , .u0beb55ae37bf6b4b671545ee5f5589d1 .postImageUrl , .u0beb55ae37bf6b4b671545ee5f5589d1 .centered-text-area { min-height: 80px; position: relative; } .u0beb55ae37bf6b4b671545ee5f5589d1 , .u0beb55ae37bf6b4b671545ee5f5589d1:hover , .u0beb55ae37bf6b4b671545ee5f5589d1:visited , .u0beb55ae37bf6b4b671545ee5f5589d1:active { border:0!important; } .u0beb55ae37bf6b4b671545ee5f5589d1 .clearfix:after { content: ""; display: table; clear: both; } .u0beb55ae37bf6b4b671545ee5f5589d1 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u0beb55ae37bf6b4b671545ee5f5589d1:active , .u0beb55ae37bf6b4b671545ee5f5589d1:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u0beb55ae37bf6b4b671545ee5f5589d1 .centered-text-area { width: 100%; position: relative ; } .u0beb55ae37bf6b4b671545ee5f5589d1 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u0beb55ae37bf6b4b671545ee5f5589d1 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u0beb55ae37bf6b4b671545ee5f5589d1 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u0beb55ae37bf6b4b671545ee5f5589d1:hover .ctaButton { background-color: #34495E!important; } .u0beb55ae37bf6b4b671545ee5f5589d1 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u0beb55ae37bf6b4b671545ee5f5589d1 .u0beb55ae37bf6b4b671545ee5f5589d1-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u0beb55ae37bf6b4b671545ee5f5589d1:after { content: ""; display: block; clear: both; } READ: Homelessness EssayIn some respects certain aspects of the authors argument are negated, those pupils who can foresee the need to do well ave their own motivation, and negotiation and relationships are less important. Having said that, to those pupils who do not possess such foresight the building up of relationships and the constant negotiation processes are an essential part of their schooling. Anecdotal evidence as well as secondary research support the idea that pupils work better for those teachers they actually like. Whether a teacher is liked or disliked by his pupils is dependant upon many factors. For instance the teachers personal outlook does s/he even want to be liked? , do s/he care? are they simply interested in meeting targets? If the teachers personal motivation is lacklustre then how are pupils to be motivated? Ideally, teachers would be able to identify the different levels of motivation among their pupils and build relationships accordingly. This, however, is not a realistic goal and much valuable class time can be spent chastising, persuading and offering incentives. Of course there is a danger that a teacher may become too preoccupied with the establishment of relationships and other areas such discipline may be ignored. The points above are interesting but we are chiefly concerned with those teachers who are motivated and use negotiation as a means of encouraging pupils to work, and I now wish to look at these negotiation processes in a little more depth. PART 2 WORK NEGOTIATION One of the most interesting points made in the chapter is that of the collusion often formed by teachers and pupils against a higher authority, this higher authority could be the headmaster for instance. This type of collusion could be of extreme value to teachers in forming relationships and as a way of getting upils on side, as well as relinquishing any responsibility for the type of work and the amount required. With the majority of the blame lying at the feet of a higher authority the teacher could begin to build a system of almost conspiratory negotiation based on reciprocity you scratch my back and Ill scratch yours. Let us look at the authors idea of negotiation. Firstly s/he identifies four experiences that typified the pupils in his/her study school. The four categories are thus;- hard work, open negotiation, closed negotiation and work avoidance. The two extremes of the categories are self-explanatory, hard work being total pupil commitment and work avoidance being not only a total lack of commitment, but also a conscious and resourceful effort to avoid participating in any school work Most pupils are to be found in the two middle categories of open and closed negotiation and as such teachers must become keen negotiators if they are to succeed. It should be pointed out that control must be the predominant feature within negotiation teachers must dictate the concessions that are to be made. The authors open negotiation idea consists of the teacher and pupils making certain concessions, and is dependant to a large extent on mutual goodwill and a congenial atmosphere within the classroom. It is an activity in which both pupil and teacher participate and each party bargains for what they perceive to be the better deal. The basic idea being that a teacher will permit a certain amount of digression in return for a certain amount of work, and the class hold the general consensus that this is acceptable. I have used the word general because in the next paragraph I wish to look at hose pupils who do not subscribe to the general consensus and are typified as closed negotiation pupils. Another interesting point made was that a predominant feature in those teachers who were more liked by their pupils was the fact that they often included games into the work. .ua0bf6db7c1739b6aa56dafb5015f51c8 , .ua0bf6db7c1739b6aa56dafb5015f51c8 .postImageUrl , .ua0bf6db7c1739b6aa56dafb5015f51c8 .centered-text-area { min-height: 80px; position: relative; } .ua0bf6db7c1739b6aa56dafb5015f51c8 , .ua0bf6db7c1739b6aa56dafb5015f51c8:hover , .ua0bf6db7c1739b6aa56dafb5015f51c8:visited , .ua0bf6db7c1739b6aa56dafb5015f51c8:active { border:0!important; } .ua0bf6db7c1739b6aa56dafb5015f51c8 .clearfix:after { content: ""; display: table; clear: both; } .ua0bf6db7c1739b6aa56dafb5015f51c8 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua0bf6db7c1739b6aa56dafb5015f51c8:active , .ua0bf6db7c1739b6aa56dafb5015f51c8:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua0bf6db7c1739b6aa56dafb5015f51c8 .centered-text-area { width: 100%; position: relative ; } .ua0bf6db7c1739b6aa56dafb5015f51c8 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua0bf6db7c1739b6aa56dafb5015f51c8 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua0bf6db7c1739b6aa56dafb5015f51c8 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua0bf6db7c1739b6aa56dafb5015f51c8:hover .ctaButton { background-color: #34495E!important; } .ua0bf6db7c1739b6aa56dafb5015f51c8 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua0bf6db7c1739b6aa56dafb5015f51c8 .ua0bf6db7c1739b6aa56dafb5015f51c8-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua0bf6db7c1739b6aa56dafb5015f51c8:after { content: ""; display: block; clear: both; } READ: Travelling EssayThe author concludes that games humanised the work and made it vastly more enjoyable. In a perfect world teacher and pupil would be in complete harmony and all decisions made about the type and amount of work to be done would be completely unanimous. However, in reality a teacher who uses negotiation must submit to he general consensus. What, then, of the pupils who have not concurred with the general consensus but are still forced to go along with it? The author typifies these pupils as being in the closed negotiation category. This category of pupils will flourish further if the teacher is not prepared to negotiate, and within this teacher dictated atmosphere the counter-productive and unruly element of pupils will come into being. CONCLUSION By drawing together the main points made in this critique it is apparent that pupils perceptions of the validity of the work they are undertaking is of aramount importance. Teachers must strive to make work less alien and more relevant to the pupils social perspective and this can be achieved in several ways. Collusion, as well as a system of negotiation and concessions could be used in order to overcome pupils natural recalcitrance. Teachers must care enough to become diagnosticians of their classes on the whole as well as identifying individual pupil needs. Of course the needs of the many outweigh the needs of the few, but if teachers understand the needs of the few it will empower them in the negotiation process.