Responsibility not a Sufficient Condition of Liability Essay Example for Free

Responsibility not a Sufficient Condition of Liability Essay Introduction Duff = â€Å"responsibility is a necessary but not a sufficient condition of liability† An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment, and there can be involuntary MR e.g. drugged paedophile in Kingston. * There are many MR states of mind: the sentencing advisory panel stated that there are 4 levels of culpability = intent, recklessness, knowledge, and negligence [in some crimes only negligence is required * Two species of MR Cognitive (involves intention or foresight by D) and Normative (evaluation of D action taking into account surrounding circumstance and D state of mind) * Proof of Cognitive = subjective test (assume state of mind is ascertainable only direct evidence is a confession) – jury ascertain reasonable person but destroy subjectivity * DPP v Smith = D trying to escape from the police in a car was signalled to stop. He did not do so. A PC jumped onto the cars bonnet. D drove at high speed, swerving from side to side, until the officer was thrown off and killed. = CJA S8 – endorses the idea that intention is to be subjectively ascertained Intention Some crimes are only committed intentionally so must distinguish from recklessness e.g. GBH * Direct intent – It was D’s purpose/aim/objective to bring about the AR. Duff = test of failure – would D intend their actions to be a failure * Oblique intent – The AR was a necessary by-product of D committing his offence, although it was not his purpose. * Intent is a subjective concept and must be judged according to what D wanted to happen or foresaw happening (s.8 Criminal Justice Act 1967 = lays down evidential rule as to how intention is to be proved and makes it clear that intention is a subjective state of mind = court or jury must draw inferences from all relevant evidence): * D will intend something if it  was his purpose to bring it about. Similarly, a jury may use as evidence of intention that D foresaw the result of his act as a virtual certainty and it was a virtual certainty. (Woollin, which affirmed the test in Nedrick) * Nedrick = D poured paraffin through C letter box and set light to it. A child died in the fire. The judge directed the jury as follows: If when the accused performed the act of setting fire to the house, he knew that it was highly probable that the act would result in serious bodily injury to somebody inside the house, even though he did not desire it desire to bring that result about he is guilty or murder. â€Å"The jury convicted of murder and the defendant appealed on the grounds of a mis-direction. Held: There was a clear misdirection. The Court of Appeal reviewed the cases of Maloney and Hancock Shankland and formulated a new direction from the two decisions. Lord Lane CJ: the jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendants actions and that the defendant appreciated that such was the case. * Woolin D threw his crying child at the cot but missed and he hit his head and died. This was the exact opposite of what D intended. Judge misdirected jury by saying that intention could be inferred from D’s realisation of a ‘substantial risk’. = Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendants actions and that the defendant appreciated that such was the case. The decision is one for the jury to be reached upon a consideration of all the evidence. * Lord Bridge disagrees with the leniency of the Woollin definition. He uses the example of a man who boards a plane to Manchester – the plane’s arrival in Manchester is a virtual certainty and so it should be seen as conclusive pr oof of intent to go there. Woollin is more generous. * Exceptional cases : oblique intention – D has a purpose other than causing the prohibited harm but where that result is an inevitable or likely consequence – in rare cases it is permissible / central problem is that  there are 2 possible interpretations of Woollin * Definitional interpretation = extended definition of intention – if a consequence is foreseen as virtually certain the jury may be told that this amounts to intention * Evidential interpretation = still no definition of intention where a consequence is foreseen as virtually certain this is evidence entitling a court or jury to find intention – jury has discretion * Evidential adopted = Matthews and Alleyn = Ds who had tossed a half dead V off a bridge who they knew couldn’t swim appealed. Claimed the judge misdirected because he equated the knowledge of virtual certainty to proof of intent, not just evidence. Rix LJ couldn’t see the difference. * Adv. of evidential = gives jury flexibility = jury given moral elbow room (get out clause) * R v Steane = D British radio announcer who was living in Germany during WWII. With his family under threat he was forced to broadcast on the radio for the Nazis. After the war charged with doing acts likely to help the enemy with the intent to assist the enemy. If this case was decided today under evidential the jury would have moral elbow room to find there was no intent * RE A (conjoined twins)= lawful for doctors to separate conjoined twins even though would leave to certain death of the weaker twin LJ Walker = allowed himself moral elbow room as doctors would not intend to kill the weaker twin because that was not the purpose or intention of the surgery * Is intention a psychological state of mind or a moral conclusion = the doctor would not be morally responsible for the death * Does intention have same meaning for all crimes Woollin is the latest case so is the authority but only talking about murder – therefore use Nedrick for all other crimes – but no other authority so use Woollin * The Law Commission support codifying the Woollin test in statute. Proposed definition of intention * Chandler v DPP = D opposed to nuclear weapons so planned non-violent action to immobilise an aircraft – under evidential interpretation the jury would be able to evaluate the motives of D but this may largely depend on political persuasion of the jury so generates uncertainty and inconsistency and would also blur the distinction between the elements of an offence and exculpatory defences Pedain – Intent and the Terrorist Example * The terrorist example is used to show flaws in the definition of intent.  It assumes that a terrorist wants to gain attention by planting a bomb in a public place, but giving enough warning that he thinks the place can be evacuated in enough time. It is, but a member of the bomb disposal squad is killed when trying to disarm the bomb. He may not have foreseen this death, and if he didn’t he isn’t guilty of murder. Many see this as unacceptable. * German law involved D recognising and reconciling with himself the risk that he is exposing people to and liability follows. * The other example is the terrorist who does want the bomb to explode but gets caught and then the bomb disposal person dies. He doesn’t intend to kill the bomb disposal expert. But Pedain says this shouldn’t matter – it is still murder. Can we use a ‘type of harm/transferred malice’ argument. Kaveny – Inferring Intention from Foresight * Two opposing views: one recognises that foresight is conceptually different from intention but that a jury may infer one from the other, and the other that foresight is form of intention. * Neither is acceptable because no degree of foresight can be defined as intention, nor can it be the basis of any reliable finding of intention – so neither view is acceptable. * Thus if we are going to allow foresight to be a basis for a murder charge, it has to be built in as a separate mens rea element instead of using Woollin. Recklessness Regarded as sufficiently blameworthy Until October 2003 there were 2 distinct species of recklessness * 1 = Cunningham recklessness a subjective meaning of recklessness was approved (Recklessness entails a conscious running of an unjustifiable risk) * Stephenson = tramp started fire in a straw stack on a farm – charged under criminal damage act but evidence made by psychiatrist that D suffered from schizophrenia so no subjective foresight [under subjectivity the definition of recklessness lies down a double test 1)whether D foresaw the possibility of consequences /2)whether it was unreasonable to take the risk ] * The law commission in the draft criminal law bill 1993 and the draft offences against the person bill 1998 has endorsed subjectivity * 2= Caldwell / Lawrence recklessness [in 1981 the direction of the HoL changed  due to their verdicts in 2 cases dramatically according to the first part of the test of foreseeability of consequences it was now objective] * Caldwell = D had done some work for the owner of a hotel and as a result of quarrel, got drunk and set fire to the hotel, D argued it did not occur to him that there might be people there whose lives might be endangered. None of the 10 guests were harmed Held: Recklessness in the context of Criminal Damage does not require subjective appreciation of the risk of causing damage, but is also satisfied by a failure to consider an obvious risk. HoL held a person is reckless if 1) he does an act which leads to an obvious risk 2) when does an act which either a) gave no thought to the possibility of the consequences b) did recognise consequences [pretty much a test of negligence] The risk need only be obvious in the sense that it would have been obvious to the reasonable man, not to the accused if he or she had stopped to think Elliott v C nor to a person of the age of the accused or sharing the accused’s characteristics R (Stephen Malcolm) ; R v Miller These cases were confirmed and followed in R v Coles * Lawrence = D drove his motorcycle on a 30mph road at about 80mph, and killed a pedestrian who was crossing the road./Lord Diplock = the defendant was in fact driving the vehicle in such a manner as to create an obvious and serious risk †¦ and, second, that in driving in that manner the defendant did so without having given any thought to the possibility of there being any such risk or, having recognised that there was some risk involved, had none the less gone on to take it. * Lacuna (gap) in the law of recklessness as above test does not take into account if D stops to think whether there is a risk and then concludes there is no risk and consequently acts * Avon v Shimmen = D thought he had ruled out the risk of causing damage to a window when he aimed a martial-art-style kick in its direction, basing his view on his faith in his own skill. [the risk must be obvious but to whom a reasonable person or D if they think about it] * Elliott V C = A fourteen-year-old girl who had learning difficulties set fire to shed – use objective test and learning difficulty irrelevant The court accepted that she could not appreciate the risk of the damage, but such a risk would have been obvious to the ordinary person and Caldwell was applied * Current  test for recklessness: D believes his conduct will result in a risk of harm, and that risk is not a reasonable one to take but he takes it (from Cunningham and reaffirmed in G and Another) * Cunningham – D pulled a gas meter off a wall in order to gain illegal access to a house. It caused a gas leak and V was poisoned. No recklessness because risk was not foreseen. * The test is subjective: there can be no liability where there is no risk foreseen. * G and Another – two boys set fire to some papers underneath a bin, which then spread and caused  £1m worth of property damage. They didn’t foresee the risk and so they could not be liable – no recklessness. * HoL = Caldwell was disproved not overruled and Cunningham approved, so D was acquitted as didn’t know the risk involved / Lord Bingham = 1) for serious crimes you need to prove culpable state of mind = not thinking about risk is not blameworthy just stupid / 2) Caldwell leads to obvious unfairness- neither moral or just to convict based on what someone else would have apprehended /3) about 80% of academics, judges and practitioners criticised Caldwell / 4) most importantly Caldwell misinterpreted s1 criminal damages act * Unanimous decision by HoL adopts the Cunningham view that recklessness involves foresight of the possibility of an unjustified risk ‘ but 3 further points * Lord Steyn = â€Å"if a D closes his mind to a risk he must realise that there is a risk† = Booth v Cps = D ran across the road without looking (deliberately put risk out of his mind but was aware) * Lord Bingham = exempted self-induced intoxication * Lord Bingham = restricts his judgment to the meaning of recklessness in the criminal damage act / Lord Rodger = Caldwell may be better suited to some offences than to others e.g. reckless driving * Note that in crimes where we are only concerned with D’s behaviour we may think of recklessness as an AR element – reckless driving. It is possible to intend to drive reckless * Negligence Unlike intention and recklessness, negligence is a totally objective standard – the risk is not a perceived/foreseen one. 2 degrees of negligence Simple negligence = failing to confirm Gross negligence = major departure of reasonable person – manslaughter Whether negligence is a form of MR is debateable, because the literal translation is that of the ‘guilty mind’. Cognitive = negligence is a state of mind, it is a failure to think so a blank state of mind but like saying nothing is something (how can you have a degree of emptiness) Normative = when finding judgments of blameworthiness , state of mind is part of the picture / D actions in the circumstances are subjected to a broader moral assessment = legitimate that negligence is part of MR – sentencing advisory panel also regard If D has special knowledge (e.g. is a firearms expert) then a higher standard will likely be expected of him. This is given statutory expression in RTA 1998 s.2A(3). On the other hand, less knowledge will not grant D any dispensation (e.g. learner driver must drive at same level as qualified driver). â€Å"knew or ought to have known† imposes that objective standard where special knowledge is included but limited is not. R v C – paranoid schizophrenic appealed a conviction on the basis that the judge should have directed the jury to take his mental illness into account. Not so. Negligence is an objective test and mental illness is irrelevant. Sometimes we are willing to lower the standard of care, for example for children – R (RSPCA) v C (25 year old child who failed to take her cat to a vet). Few serious crimes where negligence can generate liability. Manslaughter, causing or allowing a child to die, public nuisance. Manslaughter requires gross negligence. but change in the past 30 years for statutory offences Road Traffic Act 1998 s.3 is a crime of negligence. Other offences where negligence is an element include Sexual offences act 2003 s.9. = no exemption if believed there was consent , need to reasonably believe not honestly believe Are there degrees of negligence? From a mens rea perspective, there cannot be. But there has to be – falling just short of a standard and well below it. This is demonstrated by contrasting but similar offences in RTA 1998 S.2A and S.3. This may be to do with risk to property v risk to people? Contrast with Adomako, the jury must be required to find a degree of ‘badness’, for manslaughter is a serious crime. Perhaps the degree is less  relevant in simple road traffic cases. Should negligence be a ground of liability? Many believe negligence has no place in criminal liability.  The criminal law is viewed as a reaction to moral fault. Whether there is any sort of moral fault involved in negligent conduct is much debateable (Hall). Punishments for negligence do not deter (negligence is inadvertent) and, also, punishments for negligent homicide tend to be quite light anyway. (Hall). Some disagree – Brett points out that drivers become more careful when there is police presence on the road. Hart supported a more subjectivist approach, taking into account mental and physical capabilities [characteristics and capacity should be taken into account] The law commissioner similarly endorsed in relation to gross negligence for the purpose of negligence Hybrid offences = some countries have due diligence laws, which replace strict liability with negligence. D committed the AR, but if he took all reasonable steps to prevent it, he may avoid liability [burden shifts to D to prove they were not negligent e.g. if found with drugs proving you thought it was something else]. English courts have been disinclined to use this method (although Sweet v Parsley looked favourably upon it). Hall suggests limiting insurance protection for those civilly negligent, more vigorous controls of licenses e.g. driving, and education etc.

Great Expectations Essay Example for Free

Great Expectations Essay Describe the character of Magwitch. What do you think Dickens has to say about crime and punishment in the sections of the novel where he appears? The following essay and the content of it are about the story of Great Expectations, its plot and what Charles Dickens was really trying to say. Great Expectations is the tale about a young man, Phillip Pirrip nicknamed Pip for short, came to build up and have his great expectations dashed. The novel begins with Pip as a young boy out on the marshes and as the novel continues, it follows Pips journey to a gentleman and then later on into a businessman. Throughout the novel, Pip is involved in a few rather dramatic events and with some rather colourful characters alongside him. At the beginning of the story we see the young Pip, an orphan being brought up and looked after by his horrible, hard sister and her husband whose character is defined as being a gentle giant, Joe Gargery, the blacksmith. While upon on the marshes, Pip comes into contact with an escaped convict by the name of Abel Magwitch. As the novel reads on, it proves that Magwitch seems to have a profound effect on Pips life. Pip is influenced also by Miss Havisham, an eccentric and reclusive old woman. It turns out o be that there are two young women in Pips life: the very understanding and kind and gentle Biddy and the proud and perfectly beautiful Estella. It comes about one day that Pip has come into a generous fortune. A benefactor, who to Pip is unknown, wishes for Pip to travel to London to become and succeed as a high class gentleman. This is the answer to all of Pips dreams, its like his Christmases have all come at once but all doesnt go as well as Pip would have hoped and he becomes involved in quite a few adventures. Also, when he is handed his fortune, Pip becomes a snob and the money changes him totally and its all for the worse. At the beginning of Chapter 1, we meet Magwitch. While Pip is in the graveyard, where his mother is buried, he meets Magwitch. Magwitch puts a great fear into Pip demanding food, drink and a file as he still has chains around his ankles since he has escaped from prison-You bring me, to-morrow morning early, that file and them wittles, Magwitch, page 8. Before Magwitch demands these sources, he rummages through Pips pockets for food and takes him by his ankles and absurdly shakes Pip upside down. Pip is scared into such a fright by Magwitch firstly telling Pip whether he should live or not-The question being whether youre to be let to live-Magwitch, (page 7. ) Magwitch tells Pip that there is a man a lot worse than him-Theres a young man hid with me, in comparison with which young man I am a Angel, Magwitch, page 8. After this, Pip is determined to go home, gather the things Magwitch needs and return to meet him the next day. An immediate view of the relationship between Magwitch and Pip is one based completely on fear and power, to which Magwitch has the upper hand so Pip cannot compete with him. It seems though that Magwitch and Pip share an unlikely but yet common loneliness. This is such because Pip was alone in the churchyard with the tombstones of his parents, who had passed away many years before and Magwitch has never really had any family around and the very unfair and unjust way Magwitch has been treated and punished, it is like the crime and punishment system in the 1900s was too unjust and was almost like it turned men into beasts and are not treated in an orderly fashion. Magwitch returns in Chapter 39. It is Pips 23rd birthday and he seems to be doing extremely little with his life. He is still on good terms with Mr Pocket, even though Pip is no longer being tutored by him and even though he keeps trying occupations, he isnt sticking to them long enough to develop further in them but he is finding that he is reading a lot. On a stormy night in London, Magwitch comes to Pips home and Pip invites him in and treats him with courteous disdain-Do you wish to come in-Pip, page 289. Pip welcomed him in to talk about Magwitchs business and only then does Pip gradually begin to recognise this visitor as the convict that he had met and given him a file and some food up on the marshes when Pip was just a young boy. It is only then that Magwitch reveals himself as being Pips mysterious benefactor and that he had been living in Australia all these years previous, working as a sheep farmer and the money he was earning from that would go to Pip-I lived rough so you could live smooth, page 313, Magwitch said this to Pip to prove that everything he had done in Australia, was for Pip. As Pip thought Miss Havisham was his benefactor, he had hopes of marrying Estella and the two of them becoming a lady and gentleman couple but his dreams have been shattered-Miss Havishams intentions towards me, all a mere dream, Pip, page 317. Pip is repulsed by Magwitch. He is horrified and appalled but luckily Magwitch didnt notice it and is upset that he should owe so much to such a person. Furthermore, to Pips state of shock, it is only now that he realises it was not Miss Havisham who was his benefactor and that Estella, who Pip adores dearly, had not been intended for him at all. While Pip is in a state of turmoil, we learn of Magwitchs past. The reader learns that because Magwitch didnt dress like a gentleman, his punishment was a lot harsher rather than if you look like a gentleman, the justice system would be a lot more lenient on the more vicious criminal. Even though Magwitch had a minimal choice about whether he could afford to turn to crime or not, he had little choice and could see himself not getting anywhere. Magwitch tells Pip that due to the fact that he committed a crime to save himself and he had no choice, it was because he didnt look or dress like a gentleman that he was given a heavy sentence and shipped to Australia where, only then, he was rehabilitated because he was supposedly no longer a danger to society or anyone around him. As Magwitch has come back and risked his life to see him, as much as he feels ashamed and feels as though all his dreams were just that, Pip feels as though in one sense he should still protect him. Pip does have a sense that he doesnt want Magwitch to risk his life and this shows Pip to still be human by having little conscience by not wanting Magwitch to get caught and hung or taken away, even though Pip is thinking he is the lowest of the low because he is associated with a convict and he feels as though he cant touch Magwitchs money anymore.

The Work Of Labor And Delivery Nurses Nursing Essay

The Work Of Labor And Delivery Nurses Nursing Essay Today, the work of labor and delivery nurses (LD nurses) is extremely important and responsible because the quality of their work affects consistently the quality of health care services delivered to women and newborns. In this regard, it is important to remember that, today, many women have problems with labor and delivery because of their age, health problems and other factors that make the natural process of labor and delivery difficult. In such a context, the role o LD nurses can hardly be underestimated because their qualification and experience may be crucial for the successful delivery. At the same time, in the contemporary health care environment, the job of LD nurses is basically similar to the job of other nurses in terms of qualification, education, skills and wages. In such a situation, human resource managers often face problems with motivation of LD nurses. This is why human resource managers should focus on the use of non-material motivators, which may be very effectiv e. On the other hand, they should pay a lot of attention to training and education of LD nurses because their qualification plays crucial role in the provision of proper and effective health care services to women and newborn in the course of the labor and delivery. Therefore, LD nurses should have a wide range of nursing skills and abilities, high qualification and solid education background, whereas human resource managers should keep them motivated to carry on their professional development and provide nursing care services of the high quality. On analyzing specificities of the job of LD nurses and their workplace environment in terms of human resource management, specialists (Limentani, 1999) argue that education affects consistently the performance of LD nurses and the effectiveness of their work. In this regard, it is possible to dwell upon basic educational requirements LD nurses should meet in the contemporary health care setting. First of all, LD nurses should have the Bachelor degree because the essential education for LD nurses is the Bachelor of Science in Nursing. However, the bachelor degree is a minimal requirement, whereas often a Master of Science in Nursing degree is needed. The high qualification is one of the essential conditions of the successful professional development of LD nurses because they need to have a solid educational background and profound knowledge in labor and delivery nursing. Naturally, the experience of LD nurses is also very important but they acquire their experience as they carry on their education and professional development. The Bachelor and Master degrees are very important because they provide LD nurses not only with certain status but also and mainly they provide them with basic education on the ground of which they can elaborate the strategy of their professional development and keep growing in professional terms. Furthermore, LD nurses should have a registered nurse license from their state board of nursing (Ryan and Ray, 2004). This is another important requirement LD nurses should meet because the registered nurse license is a sort of guarantee of the current professional level and competence of LD nurses. Registered nurses cannot work without license but LD nurses should strive to obtain the license because the license opens new job opportunities for them and, what is more, contributes to their further professional development. In such a context, many specialists (Benoff   Grauman, 1997) place emphasis on the fact that LD nurses should take training and get involved in courses in a LD nursing program. In actuality, a large number of training programs is available to LD nurses and it is one of the major tasks of human resource managers to motivate LD nurses to participate in training programs. They should explain LD nurses positive effects of training programs for their professional development. In fact, training programs increase the professional level of LD nurses and, therefore, increase the quality of nursing care services they deliver to patients. However, sometimes LD nurses have poor motivation and they need the assistance from the part of human resource managers to participate in training programs. This is a case of experienced LD nurses mainly because they feel confident in their professional skills and abilities, they have extensive experience, and they believe they do not need training courses anymore. This is exactly where human resource managers should work closely with LD nurses to motivate them to carry on their professional development and to participate in training courses. At the same time, along with training, job competences for labor and delivery nurses are extremely important for effective performance of LD nurses and the high quality of nursing care services they deliver to patients. Job competences required for LD nurses normally coincide with job competences required for other nurses. Nevertheless, human resource managers should pay a particular attention to the development of basic job competences in LD nurses. In this regard, LD nurses should have well-developed professional skills above all. This means that they should be professionals, who have extensive knowledge and experience and who are capable to implement their knowledge in practice in their regular work in the real health care setting. Along with specific professional skills and knowledge, LD nurses should develop other competences, which are crucial for their regular work. In this regard, specialists (Miller, et al., 2003) point out that LD nurses should be able to make quick decisions at critical times. To put it more precisely, they should be able to respond fast and properly to any challenge they face in their work. In fact, this is one of the fundamental requirements LD nurses should meet because the fast decision is a key toward the delivery of nursing care services of the high quality. The delivery of nursing care in time may be crucial for the life and health of patients of LD nurses. Therefore, they should pay a lot of attention to the decision making process because often LD nurses have to take decisions on their own and they do not have time to ask for assistance of other health care professionals. In such a situation, the promptness of LD nurses decision making may be crucial for the health and life of women and newborns. At the same time, LD nurses should have good physical stamina and general good health. The work of LD nurses needs significant physical forces and physical stamina and general good health are essential for them. Otherwise, LD nurses could not afford physical pressure they are vulnerable to in the course of their work. At this point, specialists (Limentani, 1999) place emphasis on the fact that LD nurses should always stay focused and concentrated on their work, whatever the time they have been already working. Even if they grow tired, they still have to stay focused on their work because there is no margin for error and LD nurses are responsible for outcomes of their work. The attention and concentration on the proper performance of LD nurses comprise an integral part of their training and human resource managers should develop stamina of LD nurses through stressing the importance of their own health for the provision of health care services to patients. Furthermore, LD nurses may face a number of serious problems in the course of their work. This is why many specialists (Ryan and Ray, 2004) insist on the development of problem solving techniques in LD nurses. It proves beyond a doubt that the development of problem solving techniques is very important because, if LD nurses face a problem and are panic-stricken, they cannot work effectively and they cannot deliver essential nurse care services to patients. In stark contrast, LD nurses, who are experienced in problem solving, stay cool even in the most difficult situation. Instead of falling in panic, they start applying a problem solving technique they believe to be the most efficient in the specific situation. On the ground of problem solving techniques, LD nurses can use their professional knowledge, skills and abilities to work effectively in the most extreme environment. At the same time, specialists (Limentani, 1999) argue that LD nurses should come prepared to face conflicts in the course of their work with both colleagues and patients. In this regard, human resource managers should stimulate the development of conflict management to help LD nurses to prevent the emergence of conflicts and minimize their negative impact on patients and health care professionals, in case conflicts have emerged. In the contemporary health care environment, the conflict management is one of the most important competences of LD nurses because conflicts affect not only psychological state of patients as well as nurses but also their physical state. In case of LD nurses and their patients, any significant deterioration of psychological state or physical health may be dangerous for patients. In addition, many specialists (Miller, et al., 2003) recommend developing counseling strategies in LD nurses. Counseling is very effective, when LD nurses deal with patients, who have significant problems with their health. Counseling helps patient to recover in post-operation period as well as in situations, when they have some difficulties and need the assistance of LD nurses. At the same time, specialists (Ryan and Ray, 2004) point out that economic implications of LD nurses work are also very important in the contemporary health care environment. In fact, the median annual wage of LD nurses meets the average wage level of nurses in the US (Limentani, 1999). The following table shows the wage of LD nurses depending on their certification: Skill: Labor Delivery, Birthing Median Hourly Rate by Job Job National Hourly Rate Data  (?) $0 $10 $20 $30 Registered Nurse (RN) $25.64 Certified Nurse Assistant (CNA) $10.99 Licensed Practical Nurse (LPN) $16.43 Registered Nurse (RN), Emergency Room $25.86 Charge Nurse (RN) $29.12 Licensed Vocational Nurse (LVN) $17.88 Registered Nurse (RN), Operating Room $28.82 Country: United States | Currency: USD | Updated: 17 Feb 2011 | Individuals Reporting: 6,542 Source: Skill Labor: Delivery, Birthing/Hourly Rate. (2011). http://www.payscale.com/research/US/Skill=Labor_%26_Delivery,_Birthing/Hourly_Rate In such a way, LD nurses basically meet average standards in the industry. Therefore, human resource managers can hardly count for the high level of motivation of LD nurses, if they use material motivators solely. Bonuses and increase of wages may be effective but they will not bring positive effects always. In a long-run perspective, other motivators are needed to stimulate LD nurses to work better. In such a context, specialists (Miller, et al., 2003) suggest different strategies and solutions human resource managers can use to increase the effectiveness of work with LD nurses, minimize the risk of conflicts and stimulate the professional development of LD nurses. First, LD nurses need to stay motivated, regardless of their experience, skills and abilities they have developed in the course of their professional career. Second, LD nurses should be confident of their responsibility for outcomes of their work. Human resource managers should inform LD nurses about consequences of professional negligence from the part of LD nurses and their legal liability. At the same time, human resource managers should motivate LD nurses to improve their professional skills and knowledge through participation in training programs. For instance, human resource managers can promote LD nurses, who are particularly successful in training or who are eager to participate in training programs. In additi on, human resource managers can use the knowledge sharing management strategy, which helps to share knowledge within a health care organization using the experience and knowledge of health care professionals working in the organization. For instance, more experienced LD nurses can share their knowledge with newcomers, whereas physicians can share their knowledge with experienced LD nurses. In such a way, health care professionals working within the health care organization will share knowledge and develop new skills and abilities. In addition, human resource managers should help LD nurses to improve communication with patients and to use effective strategies and techniques of problem solving, conflict management and counseling. Thus, taking into account all above mentioned, it is important to place emphasis on the fact that LD nurses are responsible for their work and they should provide nursing care services of the high quality because health and life of patients are in their hands. In this regard, the effective human resource management can be an effective tool to improve the quality of nursing care services being delivered by LD nurses to patients.

Love And Sacrifices :: essays research papers

Love and Sacrifices What does it mean to love another? To love another person means to feel compassionate towards them, to "feel" what they feel. Caring about someone, and what happens to them is also a sign of love. Sharing a relationship with someone means that you have to be responsible and have to be aware that there will be times when things go wrong. Loving someone means taking these "wrong" things and trying to fix them. What are some signs of love? Making sacrifices is one sign of devotion to another person. When you care about someone, you have to give a little. It all comes with life. In order to receive something, one must sacrifice other things. For example, if having to make a choice between the love of your life and going to a football game, a person who is truly in love, and not just in love with "being in love" will sacrifice the game in order to be with that person. What is the greatest power of potential human speech? (words, language) All humans have the power to communicate with other humans, interact, and share their ideas. The power of speech is what makes it all possible. Communication is the most important thing in the success of a relationship, and for someone to say that they love another is to respect them and their ideas and to want to share with them. The most anyone can ever do for you is listen, and the only way to do that is to communicate that you want to be listened to and that you are willing to listen to the one you love. That is the most anyone can do, and it is a gift of sorts. What is the greatest thing about human love? Being in love gives a sense of completeness, makes one feel as if nothing else is needed in order to survive. Sometimes, being in love can act as a stepping stone, or a doorway into a world you never knew was out there. It can give you a new outlook on things, turn everything you've ever known into something you never thought was possible. Love can also strengthen a "tie" or "bond" that you may have with someone, in a sense that you have that much more in common. What is the greatest expression of love? Sacrificing anything is the greatest expression of your "love". The greatest sacrifice one would have to make is death. Dying for a loved one means that your love wasn't an "It", but a "Thou", and dying only makes it more

Huck Finn - Life On The River Essay -- essays research papers

The difference between life on the river and life in the towns along the river is an important theme in the novel ‘The Adventures of Huckleberry Finn’ by Mark Twain. Twain uses language to draw the contrast effectively as well as through the atmosphere that has been created, the diction, the punctuation and the figures of speech employed. The two paragraphs, which most effectively display this contrast, refer to the peaceful life on the river and the vile nature of the streets and lanes of a town. In the fist paragraph Huck describes in mostly monosyllabic and colloquial expressions how pleasant life on the river is. At the beginning of the passage Huck uses the image of swimming peacefully to describe how the time passes, ‘you might say they swum by, they slid along so quite smooth and lovely. The alliteration of swum, slid and smooth helps to formulate a mental semblance of the swift and steady motion of the river and like the rivers flowing the words also seem to easily flow. This image is appropriate as it directly relates to the motion of the river on which they are travelling. ‘Here is the way we put in the time.’ Presents Huck’s idyllic life on the river is as routine. The words ‘then’ and ‘next’ are repeated several times in the first half of the passage, their function and effect is ensure that the passage flows, much like the river, in a slow and constant sequential manner. A sense of relaxed movement is conveyed and emphasised by diction and alliteration throu...

Handmaids Tale :: essays papers

Handmaids Tale In the course Y2k and The End of The World, we've studied apocalyptic themes, eschatology, and for some, teleology. Apocalypse, which is to unveil or reveal, eschatology, which is a concept of the end, and teleology, the end or purpose to which we are drawn, are all themes used in Margaret Atwood's The Handmaid's Tale. The book is apocalyptic in that it revolves around dystopian ideals. Atwood creates a world in which worst-case scenarios take control and optimistic viewpoints and positive attitudes disappear. It has been said about this book that Atwood's writing echoes numerous motifs and literary devices, such as in Huxley's creation of a drug-calmed society, her characters awaiting execution seem tranquilized by pills or shots. Atwood's Book has also been compared to other novels like it, such as Bradbury's Fahrenheit 451, Burgess' A Clockwork Orange, and the most obvious, Orwell's 1984. These books have many things in common, including the perversion of science and technology as a major determinant of society's function and control. Like most dystopian novels, The Handmaid's Tale includes the oppression of society, mainly women in this example, the prevention of advancement of thought and intelligence, and an overwhelming sense of government involvement and interference. The Apocalyptic themes and situations found in Atwood's fictional city of Gilead focus around the mistreatment of all females. Women in this city, set 200 years in the future, have no rights, and get little respect. The rule by way of theocracy in Gilead also adds to the sense of regression and hopelessness in the future. The way babies are brought into the world, only through pregnant handmaids, the idea of a black market for things considered luxuries and privileges all add to the fact that society in this novel is in a desperate state of disrepair. Other Apocalyptic themes found in the book can be compared to sections of the bible, particularly the Old Testament. The Handmaid's Tale has many elements of social decline written into its plot. From the way women are mistreated to the way corruption and evil have infiltrated the government and army, to the way the black market plays a key role in many people's lives causing a majority of society to become criminals makes it clear how social decline plays a key role in the book.

The two heroes of industrialization

The Two Heroes of Industrialization During the late 1800s, many people began to start their own companies. Two of the most famous entrepreneurs, Andrew Carnegie and John D. Rockefeller, were the most renown of these people. Their success is seen through all the things that are named after them – the Carnegie Library, Carnegie Hall, Carnegie Mellon University, Rockefeller Foundation, Rockefeller Center, and many more. Though they may seem very much alike, these two businessmen share differences as well.Despite the fact that Andrew Carnegie and John D. Rockefeller gained their position in two diverse ways, they both had illustrious companies with discontented workers. These industrialists certainly got to where they were in two very different ways. Carnegie is famous for going from â€Å"rags to riches. † He defines the American Dream. Starting out as an immigrant, he worked for the Pennsylvania Railroad Company. He was then promoted, and was able to buy stock. From the i nvestment money, he started his own company – Carnegie Steel Company.From there, he went on to be a ealthy entrepreneur and philanthropist. Rockefeller, on the other hand, achieved his position In a more realistic way. Together with other people, he formed illegal trusts. Luckily, it proved to be a success. His wealth came from his famous company, Standard 011 Company. After the founding of his company, he sold oil for low prices In order to drive out his competitors, then once he had a monopoly, he would raise the price again. Rockefeller proves to be model for economic success. Since these Industrialists had large companies, they needed workers to run them.Carnegie and Rockefeller did not pay them much, or else It wouldnt be profitable. The workers had six to seven day work weeks, no holidays or vacations, and had to come to work on sick days. The Injuries were common, for many of the workers were Inexperienced. The laborers at this point were unsatisfied, and had to stand up for themselves. They formed labor unions In order to fight the companies. A few people died because of the attack between the workers and companies. Carnegie and Rockefeller both went through laborers' complaints, dissatisfaction, and aggression.These two businessmen reached their economic success In unlike ways, yet both had eminent companies and displeased workers. Without their efforts, the world wouldn't be where It Is right now. Thanks to them and their contributions, many companies, colleges, and organizations have been established. Rockefeller, on the other hand, achieved his position in a more realistic way. success. His wealth came from his famous company, Standard Oil Company. After the founding of his company, he sold oil for low prices in order to drive out hisSince these industrialists had large companies, they needed workers to run them. Carnegie and Rockefeller did not pay them much, or else it wouldn't be profitable. come to work on sick days. The injuries were co mmon, for many of the workers were inexperienced. The laborers at this point were unsatisfied, and had to stand up for themselves. They formed labor unions in order to fght the companies. A few people These two businessmen reached their economic success in unlike ways, yet both wouldn't be where it is right now. Thanks to them and their contributions, many