Edgar Allan Poe Essays (1508 words) - Edgar Allan Poe,

Edgar Allan Poe Many authors have made great contributions to the world of literature. Mark Twain introduced Americans to life on the Mississippi. Thomas Hardy wrote on his pessimistic views of the Victorian Age. Another author that influenced literature is Edgar Allan Poe. Poe is known as the father of the American short story and father of the detective story. To underezd the literary contributions of Edgar Allan Poe, one must look at his early life, his literary life, and a summary of two of his famous works. "Edgar Allan Poe was born in Boston'' (Inglis 505) "on January 19, 1809'' (Asselineau 409). He was born to a southern family that were in a traveling company of actors (Inglis 505). His father, David Poe, was from a Baltimore family. He was an actor by profession and a heavy drinker. Soon after Edgar Allan Poe was born, he left his family. Poe's mother, Elizabeth Arnold Poe, was a widow at the age of eighteen. Two years after his birth, she died of tuberculosis (Asselineau 409). When his mother died, Poe was adopted by John Allan (Perry XI) at the urging of Mr. Allan's wife. In 1815, John Allan moved his family to England. While there, Poe was sent to private schools (Asselineau 410). In the spring of 1826, Poe entered the University of Virginia. There he studied Spanish, French, Italian, and Latin. He had an excellent scholastic record. He got into difficulties almost at once. Mr. Allan did not provide him with the money to pay for his fees and other necessities. Poe was confused and homesick. He learned to play cards and started drinking. Soon he was in debt in excess of two thousand dollars. Poe discovered that he could not depend upon Allan for financial support. His foster father refused to pay his debts, and Poe had to withdraw from the University (Asselineau 410). In May of 1827, Poe enlisted in the army as a common soldier. He did this under the name of Edgar A. Perry. He was stationed on Sullivan's Island in Charleston Harbor for over a year. Poe adapted very well to military discipline and quickly rose to the rank of regimental sergeant major. After a while, he got tired of the same daily routine involved in military life. Poe wrote regularly to Mr. Allan. He met with Mr. Allan after the death of Mrs. Allan in February of 1829. With Allan's support, he received his discharge and enlisted in West Point on July 1, l830 (Asselineau 410). While at West Point, Mr. Allan, who had remarried, continued in not providing Poe with enough money. Poe decided to have himself kicked out of school. Cutting classes and disregarding orders were his solutions. He was court-martialed for neglect of duties in January, 1831, and left West Point the following month (Asselineau 411). "Poe was great in three different fields , and in each one he made a reputation that would give any man a high place in literary history. Poe wrote great short stories, famous not only in his own country, but all over the world (Robinson V)." "Hawthorne, Irving, Balzac, Bierce, Crane, Hemingway and other writers have given us memorable short stories; but none has produced so great a number of famous and unforgettable examples, so many tales that continue, despite changing ezdards to be read and reprinted again and again throughout the world (Targ VII)." "Poe was the father of the modern short story, and the modern detective story (Targ VII)." "With the possible exception of Guy de Maupassant, no other writer is so universally known and esteemed for so large of a corpus of excellent tales as in Edgar Allan Poe (Targ VII)." In 1831, Poe succeeded in publishing a new edition of his poems entitled, Poems. Poe was now in great difficulty. He went to New York, but could find no job there. Eventually he took refuge with his aunt, Mrs. Clemm, in Baltimore. There he decided to seek employment and make his living by writing. Failing to get attention with his poems, he decided to start writing short stories. Poe competed in a contest for the best short story in 1831. The prize was offered by

Essay on Biology Water and Water Depth Water

Essay on Biology Water and Water Depth Water Essay on Biology: Water and Water Depth Water Introduction to Ecology environments rapidly changing maintaining health/welfare depends on efforts to cope with environ. changes Ecologyseeks to understand distribution and abundance of organisms 4 main levels: organisms, populations, communities, ecosystems organismsexplore morphological, physiological, and behavioral adaptations that allow individuals to live in a particular area. ex: salmon migrate from saltwater to freshwater env's populationfocus on how numbers of indiv's in a population change over time (mathematical models) ex: each female salmon produces thousands of eggs. Only a few will survive to adulthood. On avg, only 2 return to stream of birth to breed. population decline because of dams and pollution. communityask questions about the nature of the interactions between species and consequences of those interactions. ex: interactions of salmon and other species in marine communities. salmon are prey as well as predators ecosystemstudy how nutrients and energy move among organisms and through surrounding atmosphere and soil or water. (impact of pollution/increased temp on species) abioticair, wind, soilphysical components ex: impact of pollution/- temperature on species. salmon link marine and freshwater ecosystems. salmon die and then decompose, releasing nutrients that are used by bacteria, archaea, plants, protists, young salmon, and other organisms. Conservation biology: the effort to study, preserve, and restore threatened populations, communities, and ecosystems. particular species, partic. area, partic. population size Types of Aquatic Ecosystems bioticmembers of the same or different species interacting organisms have restricted set of physical conditions in which they can survive and thrive. Freshwater/Saltwater3 physical factors affect distribution and abundance of organisms: nutrient availability, water depth, and water movement. Nutrient Availability Many aquatic ecosystems, nutrients such as nitrogen and phosphorus are in short supply if water is moving, nutrients tend to be washed away. if still, tend to fall bottom and collect in the form of debris. Why important? Nutrient levels limit growth rates in photosynthetic organisms that provide food for other species. Ocean Upwelling Oceans, nutrients in sunlit surface waters constantly lost in form of dead organisms that rain down into the depths. In certain coastal regions of world's oceans, nutrients are brought up to the surface by currents that cause upwellings. 1. winds blow prevailing winds blow north, moving water at surface 2. surface water moves as the earth rotates, moving surface water is forced offshore 3. upwellingas surface water leaves, it is replaced by nutrient rich water welling up from the bottom Basically, this recycles nutrients that had earlier fallen to ocean floor Ex: when currents are favorable and upwelling is steady anchoveta fishery very happy Lake Turnover 1. Winter stratification dense 4 degrees C water at the bottom becomes nutrient rich while colder water near surface becomes oxygenated 2. Spring Turnover surface water warms to 4 degrees C and sinks, carrying O2 down and driving nutrients up 3. Summer Stratificationdense 4 degrees C water at bottom becomes nutrient rich while warmer water near surface becomes oxygenated 4. Fall turnover surface water cools to 4 degrees C and sinks, carrying O2 down and driving nutrients up Water Flow Organisms that live in fast-flowing streams have to cope with physical force of water which threatens to move them downstream (esp. intertidal regions) Nutrient and light availability influence productivity in aquatic ecosystems, water movement has effect on productivity Water Depth Water absorbs and scatters light, so the amount and types of wavelengths available to organisms change dramatically as depth increases Surface= all wavelengths available. Ocean water removes light in violet and red regions of visible spectrum.

Business Process Inside Companies Essay Example | Topics and Well Written Essays - 1250 words

Business Process Inside Companies - Essay Example The department conducts regular updating of the website with the resent information for the business to cope with the changing environment. The department also has the responsibility of managing the suppliers and vendors in the organization. This is through ensuring that the materials received are in a cost effective manner for the business to make the target profit. There are numerous activities, which are involved in order to ensure that the suppliers and vendors are managed effectively. One of these activities includes the sending and receiving of invoices to customers and from the suppliers respectively. When the materials are received from the vendors, and the suppliers, the department communicates to the department of finance and accounting in order to make payment. The department has also the responsibility of sending the invoices to those customers who have been billed for getting the services from the organization. All these transactions in the organizations have a lot of do cumentation, and the organization has the responsibility of keeping records of transactions in the business. Human resource department In this department, there is the management of the employee in the organization. ... The department also concentrates on the employee benefit systems while keeping the relevant documents of the payment details. The department files the tax on the salaries of employees for the federals purposes of tax payment. There is also the employee evaluation of their performance. The department also keeps records of their performance. The department actively engages in the reviews the performance of employees, for the identification of the best performing employee in the organization, in order for their efforts to be recognized, and awarded through the department there is an arrangement of training and development programs for employees. Accounting and Finance This department deals with the cash flows of the organization. This is in terms of the dealing with the cash payment and receiving of cash, for the monitoring of the cash flow of the organization. There is the coordination with the administration for the receiving of the invoices from suppliers in order to make payments to suppliers and vendors. This department processes the checks for making the payment of invoices. The checks are given to the administration for the payment. In the department, there is also coordination with the HR department for the updating of information about the employee payroll. This updates are made with the motive of making the alteration that are required for the compensation of employees for the services provided to the organization. The department processes the checks meant to make the payment of the employees’ salaries. Mail center The department receives the messages in the organization from the other departments. After receiving the messages, the department in turn does the processing on the message ,in order to identify the

Case study #2 Example | Topics and Well Written Essays - 750 words

#2 - Case Study Example While this is so, there are those companies that show very little concern about what customers think about the services that they get and this can turn out to be very damaging to not only the reputation of the firm but also the income the firm generates. This paper will be looking at the two companies with both extremes in customer service- Amazon with the best and AT&T with the worst. The paper will also state a recommendation for each company that can help improve their customer service. Amazon has been voted the company with the best customer service the second time in a row. There are particular reasons why the company stands out in its customer satisfaction record. Those who have had to return items they had bought from Amazon agree that indeed the customer service of the company is commendable. Jeff Bezos, the founder of the company, is among the most passionate people when it comes to the satisfaction of the customer. Bezos’ is known for the use of his infamous "empty chair" in all boardroom meetings. Bezos asks that a chair be left empty as that is the spot for the customer. The use of the empty chair reminds the other panel members that the boss in the company is actually the customer and should be considered whenever developing any policies for the business. It is this culture of being customer minded that makes everyone in the firm be willing to serve the customers with high regard. Other than this, Amazon demands that every manager and other employees learn how to interact with the customer so that the entire firm is as customer-centric as possible. Bezos is quoted saying that every member of staff, including himself, has to be able to work at a call center. To make this possible, the CEO has every employee get in touch with the customers even if it is for a few days only. Amazon knows that understanding how the customers view, use, and talk about the products they sell is significant to a business and thus lets every member of

Challenges of International Operations Management Essay

Challenges of International Operations Management - Essay Example The assumption of TQM is quite apparent: quality improvement can be attained if a firm drafts a management philosophy of continuous improvement and breeds the required best practices (Juran, 1993). Gradually and patiently, majoritiy of international organisations have been effective at the implementation of TQM practices during the previous decade, with more than satisfactory outcomes. For instance, United Parcel Service, Motorola, Ford, Cadillac, Nestlà ©, Airbus, Shell, Toyota and Phillips are some of the more popular TQM achievers in the global marketplace. However, it may be worthy to note that their quality practices took substantial time and paitence to conceptualise, draft, and implement. Much more so, was the time necessary for these best practices to mature and to be maintained. Quality gurus such as Deming, Juran, Scholtes and Crosby taught that organisations ought to adopt a quality improvement approach from a long-term perspective. They also gave a warning that attaining some quality improvement may somewhat lead to complacency. Moreover, they concur that obstacles to quality may include a whole host of factors, encompassing both novel and current organisationa issues (Walton, 1986). Quality experts contend that majority of quality enhancement research are inclined on concentrating on the initial start-up phase of the improvement process and is somewhat lacking on considering long-term challenges (Mann & Kehoe, 1995). Studies on organisational life cycles and organisational development has apparently illustrated that as firms grow, mature, and grow more stable, several issues are brought forth at each cycle of the phase. Certain quality gurus hold a similar perspective on the quality improvement cycle that exists as the firm proceeds through an initial s tart-up, followed by a development phase at which maturity as a TQM firm ensues (Harrington, 1987). The initial TQM start-up phase necessitates breaking exercises the

Rape Law Reform in England and Wales

Rape Law Reform in England and Wales 1. Introduction The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. It goes without saying that this legislation was grossly dated and unsuitable for the 21st Century. A number of important amendments had been made since the 1956 legislation, including the inclusion of marital rape and male rape in 1994[3]. However, these piecemeal changes resulted in very confusing laws, to the extent that many different Acts had to be accessed in order to decipher where the law stood on any given matter. The Home Office acknowledged that this had led to a ‘patchwork quilt of provisions (Home Office, 2000, pg. iii). The previous law was also plagued by anomalies, inappropriate language[4] and discrimination, some of which may have been construed as violating human rights legislation. Starting with a pledge by the newly elected 1997 Labour government to help victims of sexual offences obtain justice, a detailed and lengthy review process was initiated in 1999 (the Sexual Offences Review). This was followed by a Sexual Offences Bill and then, finally, the arrival of the Sexual Offences Act 2003, which came into force in May 2004. This article outlines the criticisms feminists have previously made about rape law in England and Wales and describes and evaluates as far as possible the new legislation as it relates to rape. 2. The attrition problem The criticisms feminist academics and activists have highlighted in terms of rape law in England and Wales are similar to those described in other countries with adversarial legal systems. These include: the difficulties in proving non-consent; cross-examination; rape myths; the use of sexual history evidence in court; and the 1976 ruling in Morgan[5] that an ‘mistaken but ‘honest belief in consent should lead to an acquittal even if this belief in consent is not a ‘reasonable one. The incredibly high attrition rate for rape cases has been a major concern underpinning many of these criticisms and acted as a strong push factor towards the strengthening of the law on sexual offences. Quite simply, most rape victims who report the offence to the police will never even see their case reach court, never mind see the perpetrator convicted for rape. Many studies have documented the high attrition rate and how it has increased over time. While more and more men are being reported to the police for rape, the proportion that are convicted for rape has been steadily falling since records began (Smith, 1989; Chambers and Miller, 1983; Lees and Gregory, 1993; Harris and Grace, 1999; HMCPSI and HMIC, 2002; Lea, Lanvers and Shaw, 2003). These studies show that the ratio of rape convictions to reported rapes has steadily fallen from one in three in 1977 to one in 20 in 2002 (Kelly, 2004). Comparative analysis has found that the high rape attrition rate is not confined to England and Wales but is echoed to different extents across Europe (Kelly and Regan, 2001). Bearing in mind that most rapes are not even reported to the police[6], this of only one in twenty is particularly concerning and has been the basis of much campaigning by activist groups. Moreover, Kelly (2002) warns that attrition may actually be even higher than research has fo und because such studies do not take into account rapes that are reported to but not recorded by the police, or any convictions that are overturned on appeal. New research has found that around one in ten convicted rapists later have their convictions overturned or sentence reduced on appeal (Cook, 2004). 3. The reform process The Sex Offences Review began in 1999 and aimed to achieve ‘protection, fairness and justice within the Home Offices overall aim of creating a ‘safe, just and tolerant society (Home Office, 2000b)[7]. The reviews terms of reference were: ‘To review the sex offences in the common and statute law of England and Wales, and make recommendations that will:  · provide coherent and clear sex offences which protect individuals, especially children and the more vulnerable, from abuse and exploitation;  · enable abusers to be appropriately punished; and  · be fair and non-discriminatory in accordance with the ECHR and Human Rights Act. This third point is likely to have been an important factor in why the Government felt the pressing need for legislative reform; in October 2000 the Human Rights Act 1998 came into force and thereby incorporated the rights guaranteed by the European Convention of Human Rights (ECHR) into the domestic law of England and Wales. Although the Human Rights Act 1998 did not actually give citizens any ‘new rights it gave judges the power to make a statement of incompatibility if a piece of legislation failed to respect an individuals human rights. Moreover, the European Court of Human Rights has in the past held states accountable for violations of human rights where they failed to enact appropriate rape legislation[8]. An internal steering group and external reference group were set up as part of the review; the latter including established feminist academics[9], representatives from feminist organizations working with victims of rape[10] and feminists campaigning for rape law reform[11]. Intentionally or unintentionally, the review was therefore guided by a strong feminist influence. Two lengthy documents were then produced, consisting of literature reviews, reports from consultation seminars and recommendations (Home Office 2000a, 2000b) and from this review, the white paper ‘Protecting the Public was published (Home Office, 2002) setting out the Governments proposals. In the foreword by Home Secretary David Blunkett, he described the existing law on sexual offences using words such as ‘archaic, ‘incoherent and ‘discriminatory. The Sexual Offences Bill was introduced in January 2003 into the House of Lords, where some amendments were made. The Bill was passed to the House of Commons in June 2003 where it was reviewed by a Home Affairs Committee. In July 2003 this review was published, along with oral and written evidence submitted as part of an inquiry into specific sections of the Bill (House of Commons Home Affairs Committee, 2003). The Sexual Offences Bill was given Royal Assent on the 20th November 2003 and became the Sexual Offences Act 2003 with effect from May 2004. This replaced the Sexual Offences Act 1956 and its various amendments. It is widely acknowledged that the new Act represents the largest overhaul of sexual offences in over a century (Editorial, Criminal Law Review, 2003). 4. The Sexual Offences Act 2004 In order to secure a conviction for rape it is necessary to prove beyond reasonable doubt not only that the defendant committed an act that meets the legal definition of rape but also that the defendant knew that the victim was not consenting. These are known as the actus reus (the guilty act) and the mens rea (the guilty mind, or criminal intent). These two aspects of rape are now described in turn in terms of the reforms that have taken place. 4.1 The actus reus (guilty act) The actus reus of rape within the Sexual Offences Act 1956 was simply defined as unlawful sexual intercourse with a woman, which was amended in 1976[12] to unlawful sexual intercourse with a woman without her consent. The 1990s saw two major changes relating to the actus reus of rape. In 1991, after over 100 years of feminist campaigning rape within marriage became illegal within the common law system and this was placed into statute in the Criminal Justice and Public Order Act 1994 when the word ‘unlawful was removed from the definition. It had previously been judged in common law that married women had no capability or authority to ‘not consent: ‘The sexual communication between them is by virtue of the irrevocable privilege conferred once for all on the husband at the time of the marriage †¦ (R v Clarence, 1888). ‘But the husband cannot be guilty of rape committed by himself upon his lawful wife, for their matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract. (Sir Matthew Hale, 1736 History of the Pleas of the Crown) The criminalisation of marital rape was controversial within legal circles. This is because when it was criminalized in 1991 it was seen as being criminalized by judge-made law rather than the elected government. The case in question was R v R[13] where it was alleged a husband had attempted to have sexual intercourse with his estranged wife without her consent and physically assaulted her by squeezing her neck with both hands. In this case the issue was not whether he had attempted to force his wife to have sexual intercourse without her consent, but rather whether this fell under the legal definition of ‘unlawful sexual intercourse. Relying upon Hales now infamous statement (cited above) the defence argued that because the acts were against his wife this could not be classed as unlawful. In considering this defence, Mr Justice Owen argued that Hales statement could not longer be seen as valid because it was ‘a statement made in general terms at a time when marriage was indissolvable. However, this dismissal of Hale appeared to relate more to the fact that there was physical force used in the attempted rape than the lack of consent per se: ‘I am asked to accept that there is a presumption or an implied consent by the wife to sexual intercourse with her husband; with that, I do not find it difficult to agree. However, I find it hard to believe †¦ that it was ever the common law that a husband was in effect entitled to beat his wife into submission to sexual intercourse †¦ If it was, it is a very sad commentary on the law and a very sad commentary on the judges in whose breasts the law is said to reside. However, I will nevertheless accept that there is such an implicit consent as to sexual intercourse which requires my consideration as to whether this accused may be convicted for rape. Mr Justice Owen ruled that the act could be classed as attempted rape and sentenced the defendant to three years imprisonment. The defendant appealed, arguing that Mr Justice Owen had been wrong to rule that rape within marriage was against the law when the marriage had not been revoked. The appeal was dismissed unanimously at the Court of Appeal[14], where Lord Lane dismissed Sir Matthew Hales statement as being a ‘statement of the common law at that epoch, where ‘the common law rule no longer remotely represents what is the true position of a wife in present-day society. The Court of Appeal concluded: ‘We take the view that the time has now arrived when the law should declare a rapist a rapist subject to the criminal law, irrespective of his relationship with his victim. This judgement was later upheld on appeal to the House of Lords[15] and at the European Court of Human Rights[16]. The second of the two previously mentioned changes was also made within the 1994 Act when it was acknowledged that a man could be a victim of rape and the actus reus of rape was amended to cover vaginal or anal intercourse against a woman or another man without their consent. Although other parts of the Sexual Offences Act 1956 were revised between 1995 and 2003, the actus reus of rape retained its definition as in the Criminal Justice and Public Order Act 1994 until the new definition in the Sexual Offences Act 2003. The Sexual Offences Act 2003 defines the actus reus of rape as penile penetration of the vagina, anus or mouth of another person without their consent. Therefore, in terms of its actus reus, rape has slowly changed over nearly half a century from unlawful sexual intercourse with a woman to penile penetration of the vagina, anus or mouth of another person without their consent. The widening of the actus reus to include penile penetration of the mouth is based on arguments made in the Sexual Offences Review that other forms of penetration (for example: penile penetration of the mouth, or vaginal or anal penetration with an object or another part of the body) should be treated just as seriously as penile penetration of the vagina or anus. It was decided that rape should be extended to include penile penetration of the mouth, on the basis that ‘†¦ forced oral sex is as horrible, as demeaning and as traumatising as other forms of penile penetration (Home Office, 2000a, pg. 15)[ 17]. This means that it remains a gender-specific offence with regard to the perpetrator (i.e. the act requires a penis) but a gender-neutral offence with regard to the victim. A new offence of assault by penetration was introduced to cover penetration by objects other than a penis, as with rape carrying the maximum sentence of life imprisonment[18]. The second part of the actus reus relates to a lack of consent. There are generally three lines of defence used in rape cases; that intercourse never took place, that it took place but not by the accused or that it took place but that the victim consented to it or that the accused believed that the victim consented to it (Baird, 1999). Baird (1999) highlights that there are very few rape cases that are ‘whodunnits, and the defence that sexual intercourse never took place is also rare. These defences are likely to have become even less common since developments in DNA testing (Lees, 1996). The issue of consent is therefore what many rape defence arguments focus on, and one of the aims of the review of sexual offences was to ‘clarify the law on consent'[19]. The root of the ‘consent problem lies with the requirement of the prosecution to prove the absence of consent (rather than requiring the defence to prove that they had taken steps to ascertain consent), and in many ways this problem is unique to rape cases. If, for example, a person reported that their car had been stolen it would not be necessary to prove that it had been taken without their consent. Similarly, if an individual were physically assaulted, for example punched in the face, they would rarely be asked if they agreed to be punched in the face. A further problem in rape cases is that the only direct witness is likely to be the rape victim, which means that cases often come down to one persons word against the other. If the defendant says that the victim consented and the victim says she did not consent then it is difficult to validate either persons statement of the act[20]. Because of the nature of sexual offending it is unlikely there would be a third party availab le to directly corroborate either statement. The Sexual Offences (Amendment) Act 1976 was the first to use the term ‘consent in statute – previously it had been force that was named as the relevant factor. However, consent had been an issue within common law since 1845 in Camplin in which the woman was drugged with alcohol and it was ruled that, although no force had been used, it was clear that the act was against the womans will and that she could not have consented to it. Since then, there have been other cases where consent is automatically deemed to be absent[21], which Temkin (2000) refers to as the ‘category approach. The case of Olugboja[22] in 1981 however, appears to have changed the standards needed to show non-consent. In this case it was ruled that consent was a state of mind and that the jury should be directed to make up their own minds as to whether consent was present based on the victims state of mind at the time of the rape. This appears to overturn the legal standards that had been develop ed using the ‘category approach. However, this is unclear and Temkin (2000) described the situation as having a ‘threefold uncertainty. The first element of uncertainty was because there was no statutory definition of consent. Secondly, the Olugboja decision individualised cases regarding consent hence moved away from the idea of a legal standard of non-consent. Finally, there was uncertainty regarding whether or not Olugboja had replaced the previous common law ‘category approach. The Sexual Offences Act 2003 addressed these uncertainties by defining consent as ‘a person consents if he agrees by choice, and has the freedom and capacity to make that choice (section 74) and by returning to the category approach by listing the categories in statute. However, the 2003 Act differentiates between six categories where consent is presumed to be absent, unless there is sufficient evidence to the contrary to raise an issue that the defendant reasonably believed that the victim consented, and two categories where consent is conclusively presumed to be absent. This means that the issue of consent still, to some extent, relies upon the mental state of the defendant, even in cases such as where the victim was asleep, experiencing violence from the defendant, or unlawfully detained[23], although the burden of proof is reversed in these situations with the defendant required to demonstrate the steps he took to ascertain consent. 4.2 The mens rea (guilty mind) This second part of the offence of rape – the mens rea – is based on the premise that an individual should not be punished for an act that they did not know they were committing at the time of the act. Although the actus reus and the mens rea are components of all crimes, the mens rea only becomes relevant when the conduct in question contains some level of ambiguity. The need to prove both the actus reus and the mens rea is applicable to other crimes besides rape. The most regularly used example is the crime of trespass; it is against the law to trespass onto anothers property, but a person cannot be convicted if they did not know they were trespassing (i.e. if private property was not clearly marked). Whether or not a person intended to commit a crime is probably more central in rape cases than for other criminal offences when it comes to proving the ‘guilty mind. Previously, if a man committed the actus reus of rape – the guilty act, but he honestly believed that the woman was consenting regardless of how unreasonable that belief was, he can not be convicted of rape because the mens rea[24] – the guilty mind – was not present. This was known formally as the ‘mistaken belief clause and informally as the ‘rapists charter (Temkin, 1987) because it meant that a woman could be actively non-consenting, even shouting ‘no and struggling to free herself, and a man could still be acquitted of rape. It is a defence that is very difficult, if not impossible, to disprove because the defence relies upon what was going on the defendants mind. The ‘mistaken belief clause was first introduced in Morgan[25] in 1976 when a husband colluded in the raping of his wife by three of his friends. He allegedly told his friends that his wife would struggle and say ‘no, as though she did not want to have intercourse with them, but that this ‘turned her on because she was ‘kinky. The accused men claimed that they honestly believed she was enjoying it and consenting and that they did not intend to rape her – in other words they never had a guilty mind. Although in the Morgan case the men were convicted, and the husband convicted of aiding and abetting, this case set a new precedent. The House of Lords ruled that if a man honestly believed that a woman consented, regardless of how unreasonable this belief was, he could not be found guilty of rape. Feminist activist groups campaigned for many years that the mistaken belief defence should be based on some test of reasonableness or that the mistaken belief clause should be abolished altogether. These are issues that have been widely debated throughout the common-law world. In Australia this issue divided rape law reform campaigners into two groups; the ‘subjectivists who argued that the Morgan ruling should be upheld – i.e. if a man honestly believes that a woman consents to sexual intercourse regardless of how unreasonable that belief is he should not be found guilty of rape, and the ‘objectivists, who argue that the belief should be reasonable (Gans, 1997). In Victoria, Australia, the argument against the amendment or abolishment of the ‘mistaken belief defence was based upon data from an empirical study commissioned by the Law Reform Commission of Victoria. This research found that in an examination of 51 rape trials the ‘mistaken belief defence was used in 23 per cent of cases. Furthermore, it was found that acquittals were actually less likely in these cases (Law Reform Commission of Victoria, 1991a, 1991b). They concluded that although the adoption of objectivism would have some effect on the outcomes in rape trials, this impact would be very slight (Law Reform Commission of Victoria, 1991b). This opinion did not meet with universal agreement, and Gans (1997) argues that the methodology, and hence the findings, of this part of the research was fundamentally flawed, invalid and misleading. He criticises the research for not taking into account pre-trial decisions on attrition, and argues they should have included all reported rape cases when publicising the conviction rate rather than just those cases that got to court. Gans also argues the Victorian research ignored the role of the ‘honest belief within juror decision making and had vague coding categories around consent and honest belief. He suggests that, by re-c oding the data, at least 74 per cent rather than 23 per cent of the trials actually had at least some element of the ‘mistaken belief defence and warns that while successful law reform should be based upon empirical research, caution should also be exercised. In England and Wales no empirical research has ever addressed this subject, and it is therefore impossible to know the scale of the problem here[26]. In the Sexual Offences Review there was much debate about the mistaken belief defence, but no clear agreement was reached as to what should be recommended. Around a third of the respondents to the rape and sexual assault section of the Review argued that Morgan should be changed so that a belief must be both honest and reasonable (Home Office, 2000a). Alongside these responses, a postcard campaign to Jack Straw (then the Home Secretary) was organised by the feminist activist group Campaign to End Rape, which called for a total dismissal of the Morgan ruling. The debate within the review was not whether Morgan should be changed per se (the Home Office rape seminar and the Reviews External Reference group agreed that it should be changed), but rather how it should be changed, and what, if anything should replace it. After much debate, the Sexual Offences Act 2003 defined the mens rea of rape as if ‘A does not reasonably believe that B consents (section 1c). Whether or not the belief is classed as reasonable is determined after regarding all the circumstances, including any steps A may have taken to ascertain whether B consents. It is too early to consider what impact this may have had, and the lack of any baseline s makes evaluation difficult unless this were to be conducted retrospectively or using interviews with lawyers. 5. Conclusions The reformed rape law, as of May 2004 can thereby be summarised as if ‘A intentionally penetrates the vagina, anus or mouth of ‘B with his penis, and if ‘B does not consent to the penetration and ‘A does not reasonably believe that ‘B consents (paraphrased from section 1 of the Sexual Offences Act 2003). Although there were piecemeal reforms made between 1956 and 2003, none of these had any impact on the continued decrease in the conviction rate. It is too soon to know how the 2003 Act will be interpreted and what, if any, impact it will have. Although consent has now been defined in statute, this does not solve many of the issues relating to consent. It remains a problem that the law equates passivity or non-resistance with consent (Henning, 1997), especially when there is no evidence of physical violence or if the victim had consented in the past (Harris and Weiss, 1995). The re-wording of the mens rea so that the belief in consent must be reasonable is a significant step forwards, however it is too early to know how ‘reasonable will be interpreted in case law (i.e. reasonable to who? under what circumstances?). There was some scepticism relating to what impact the Sexual Offences Act 2003 would have even during the consultation stages. In 2001, for example, Rumney warned that the review might lead to ‘another false dawn (pg. 890) because of its sole focus on the black letter law. In other words, it is unlikely that men will ‘decide not to rape simply because the laws have been slightly strengthened. Similarly, the high attrition rate is not solely related to how rape is defined in law, so the impact here may also be marginal. Goldberg-Ambrose (1992) suggests that law reform should focus on the trial process, particularly on how rules of evidence and the ways in which rape cases are constructed relate to social perceptions of gender, coercion and sexuality. This suggests that it may be necessary to look further than the ‘black letter law towards the trial process in an attempt to explain why the problems around the prosecution of rape persist. Although campaigning for rape law reform is important it may not be enough. This has been acknowledged by feminists for some time; for example, in 1984 Jeffreys and Radford argued that reforms can only ever be effectively implemented alongside a transformation of mens attitudes. In its most simple terms, it is likely that laws are easier to change than prejudiced attitudes (Gaines, 1997). Although there remain many issues relating to the prosecution of rape defendants, few feminists in England and Wales will deny that the reformed rape law represents a huge step forwards. The same can be said for the other sexual offence laws that were reformed and with regard to the new offences that the legislation created. Decades of previously dismissed feminist campaigning have now come to fruition and the new legislation tempts ‘told you so type comments in some places. The major achievements of the legislation can be held as being: the retention of rape as a gendered offence in terms of its perpetration; the need for an ‘honest belief in consent to also be ‘reasonable; and a complete revision of what it means to truly consent. However, it is highly unlikely that a new law alone will see an end to the problems women who are raped face within the criminal justice system and it is important that monitoring of the new Act begins and is made publicly available as s oon as possible. References Baird, V. (1999) Changes to section 2 of Sexual Offences Act 1976, Medicine, Science and the Law, 39 (3), 198-208. Chambers, G. and Miller, A. (1983) Investigating Rape, Edinburgh: HMSO Cook, K. (2004) Rape Appeal Study: Summary Findings, available at www.truthaboutrape.co.uk Gans, J. (1997) Rape Trial Studies: Handle with Care, The Australian and New Zealand Journal of Criminology, 30, 26-35. Hale, M. (1736, published in 1971) The History of the Pleas of the Crown, London: Professional Books. Harris, J. and Grace, S. (1999) A question of evidence? Investigating and prosecuting rape in the 1990s, London: Home Office. Harris, L.R. and Weiss, D.J. (1995) Judgements of Consent in Simulated Rape Cases, Journal of Social Behaviour and Personality, 10 (1), 79-90. Henning, T. (1997) Consent in sexual assault cases: the continuing construction, Violence Against Women, 3, 4-10. HMCPSI and HMIC (2002) A Report on the Joint Inspection into the Investigation and Prosecution of Cases involving Allegations of Rape, London: HMCPSI and HMIC. Home Office Review of Sex Offences (2000a) Setting the Boundaries: Reforming the law on sex offences (Volume 1), London: Home Office Communication Directorate. Home Office Review of Sex Offences (2000b) Setting the Boundaries: Reforming the law on sex offences (Volume 2), London: Home Office Communication Directorate. Jeffreys, S., and Radford, J. (1984) Contributory negligence or being a woman? The car rapist case, in P. Scraton and P. Gordon (eds) Causes for Concern, London: Penguin books. Kelly, L. (2002) A research review on the reporting, investigation and prosecution of rape cases, London: HM Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary. Kelly, L. (2004) Legal Reform, Sexual Autonomy and the Justice Gap: Sexual Offences Law in the 21st Century, paper presented at the European Rape Congress, Brussels, 1st – 2nd April 2004. Kelly, L. and Regan, L. (2001) Rape: The Forgotten Issue? A European research and networking project, University of North London: Child and Woman Abuse Studies Unit. Law Reform Commission of Victoria (1991a) Rape: Reform of Law and Procedure: Appendixes to Interim Report No 42, Melbourne: LRCV. Law Reform Commission of Victoria (1991b) Rape: Reform of Law and Procedure, Report No 43, Melbourne: LRCV. Lea, S.J., Lanvers, U. and Shaw, S. (2003) Attrition in rape cases; developing a profile and identifying relevant factors, British Journal of Criminology, 43, 583-599. Lees, S. (1996) Carnal Knowledge – Rape on Trial (1st edition), London: Hamish Hamilton. Lees, S. and Gregory, J. (1993) Rape and Sexual Assault: A Study of Attrition, London: Islington Council. Rumney, P.N.S. (2001) The Review of Sex Offences and Rape Law Reform: Another False Dawn? Modern Law Review, 64 (6), 890-910. Smith, L.J.F. (1989) Concerns About Rape, Home Office Research Study No. 106, London: HMSO. Temkin, J. (1987) Rape and the Legal Process, London: Routledge and Kegan Paul. Temkin, J. (2000) Literature Review: Rape and Sexual Assault, in Setting the Boundaries, London: Home Office www.bristol.ac.uk/sps [1] Nicole Westmarland is a Research Associate in the area of gender and violence at the University of Bristol, UK and a PhD candidate at the University of York, UK. Her activism work includes Tyneside Rape Crisis Centre and the Truth About Rape Campaign. [2] Sexual Offences Act 1956 [3] Criminal Justice and Public Order Act 1994 [4] For example the use of the term ‘defective for individuals with learning disabilities. [5] Morgan v DPP [1976] AC 182 [6] Research on non-reporting in England and Wales vary depending on who is conducting the research and when the research was conducted. Recent governmental research found that two in ten women who have been raped reported the incident to the police (Myhill and Allen, 2002). However, dated non-governmental research suggested this may be even lower at one in ten women (Painter, 1991). [7] This is part of an overall Labour strategy to put support victims of crime and bring more criminals to justice. (c.f. ‘Justice for All; ‘Speaking up for Justice; the Criminal Justice Act 2003, and plans for a new Victims and Witnesses Bill in the future) [8] In X and Y v The Netherlands in 1985 the Netherlands was held to have violated the rights of a mentally handicapped 16 year old girl because of a loophole in the law which meant that she was not able to make a rape complaint. In M.C. v Bulgaria in 2003 Bulgaria was held to have violated the rights of a girl because she could not prove non-consent because the legal definition of non-consent required force to be used and she was not physically restrained during the rapes. [9] Including Professor Jennifer Temkin and Professor Liz Kelly [10] Rape Crisis Federation [11] Campaign to End Rape [12] Sexual Offences Amendment Act 1976 [13] R v R [1991] 1 All England Law Reports, 747 [14] R v R [1991] 2 All English Law Reports 257 [15] R v R [1991] 4 All England Law Reports 481 [16] CR and SW v UK [17] Previously, pe

William Gibsons Neuromancer - Syntactic Essay -- Neuromancer Essays

Throughout William Gibson's Neuromancer, the text shows many ways of using the syntactic rhetorical strategy. Within the text, many examples show a break in perception or explain quickly areas that span over a long period of time. For all of these reasons Gibson cleverly uses the syntactic approach to allow his readers the freedom to make their own assumptions and to illustrate his plot in this novel Neuromancer. Whether it be changing the point of view from inside the Matrix to indicating Case catching up on some sleep, Gibson constantly uses this great rhetorical strategy to illustrate his many different scenes. On almost every page, the reader notices a break within two lines of the text, which usually signifies the use of syntactic approach. For example, he always uses the approach to signify when Case is jacking in and out or when he changes from viewing through his eyes to Molly's or vice versa. "She turned, opened the door, and stepped out, her hand brushing the checkered grip or the holstered fletcher. Case flipped." (Gibson, 180) Up unto this point in the scene,...

Creativity, psychology and the history of scienc Essay

Children are the most interesting people on earth to sit and watch at play. Their minds are so open to the endless possibilities that allow them to entertain each other for hours on end. Some children play house or pretend to be a mommy with a baby doll, and others pretend to be truck drivers or mechanics. There is always the inevitable play of doctor and nurse, and it is amazing at how much their little minds absorb in just a short amount of time. Adults have sometimes closed off the creative portal in their minds in order to stay focused on more important issues like marriage, work, paying bills, and making it to the gym three times a week. These routines leave little time for play or creativity, but everyone possesses the ability to be creative. Some individuals are more gifted and comfortable with expressing their creativity in positive ways. Some levels of creativity are so amazing that they last a lifetime. In a recent television interview, a country music singer commented on a recent speech given by the President of the Untied States. He quoted the President as having stated that some people have simply made enough money. This was more than an ironic statement to make considering that the United States is in the middle of a horrible economic recession. The country music singer further added that what if some people stopped their lives when they had reached a certain financial level. It was then pointed out that the now deceased actor, Danny Thomas, had taken his money and coupled it with the creative idea to open a hospital just for children who had cancer (Potter, 2009). This ambition was to accomplish the goal of treating every child with cancer without turning anyone away. The hospital is now a well recognized name, Saint Jude’s Children’s Hospital. Creativity comes from the minds of individuals who allow themselves to think beyond the realms of the societal norm. In the above instance, Danny Thomas wanted to share and to give PSYCHOLOGY 3 back to his community. In other words, he wanted to share his wealth in a way that would benefit everyone and not just himself (Davila, Epstein, & Shelton, 2007). His level of creativity afforded him the opportunity to solve the financial and emotional burdens of many parents of children suffering from cancer. It also provided children with the hope of getting better. If more individuals allowed for their creative flow to emerge beyond their own minds, there are many problems that may find resolution. Society has become too convinced to follow the herd rather than to think for themselves (Gruber & Bodeker, 2005). New innovations in medicine, counseling, education, and everyday living could all stand to benefit from the creative idea of one person. Freud was a creative thinker despite his own public ridicule. The field of medicine has benefited from genetic testing that now allows parents to prepare for an unborn child who may be born with a chromosomal defect. Teachers have developed new ways of teaching children with learning disabilities so that they can be later mainstreamed into regular classes. Everyone was born with a mind that allows them to think freely. Creativity is just one of the benefits of being human. Instead of hiding the creativity from within, why not allow it to emerge and grow. Problems could be solved and lives could be changed. Ultimately, it is up to the individual as to how and when the creativity can awaken, but psychologically, it is a gift that should not be overlooked. References Davila, T. , Epstein, M. , & Shelton, R. (2007). The creative enterprise: culture. Westport, CT: Greenwood Publishing Group. Gruber, H. , & Bodeker, K. (2005). Creativity, psychology and the history of science. Netherlands: Springer Publishing. Potter, S. (2009). Tennessee (5th ed. ). Jackson, TN: Avalon Travel Publishing.

African-American History and Women Timeline 1990-1999

African-American History and Women Timeline 1990-1999 More of the  Timeline:  1980 - 1989  /  2000 - 1990 Sharon Pratt Kelly elected mayor of Washington, DC, the first African-American mayor of a major American city Roselyn Payne Epps became the first woman president of the American Medical Association Debbye Turner became third African American Miss America Sarah Vaughan died (singer) 1991 Clarence Thomas nominated for a seat on the US Supreme Court; Anita Hill, who had worked for Thomas in the federal government, testified about repeated sexual harassment, bringing the issue of sexual harassment to public attention (Thomas was confirmed as Justice) Marjorie Vincent became fourth African American Miss America 1992 (August 3) Jackie Joyner-Kersee became the first woman to win two Olympic heptathlons (September 12) Mae Jemison, astronaut, became the first African-American woman in space (November 3) Carol Moseley Braun elected to the US Senate, the first African-American woman to hold that office   (November 17)  Ã‚  Audre Lorde  died (poet, essayist, educator)   Rita Dove named the US Poet Laureate. 1993 Rita Dove became the first African American poet laureate   Toni Morrison  became the first  African-American  winner of the  Nobel Prize for Literature. (September 7) Joycelyn Elders became the first African American and first woman US Surgeon General (April 8) Marian Anderson died (singer) 1994 Kimberly Aiken became fifth African American Miss America 1995 (June 12) Supreme Court, in Adarand v. Pena, called for strict scrutiny before establishing any federal affirmative action requirements Ruth J. Simmons installed as president of Smith College in 1995. becoming the first African-American president of one of the Seven Sisters 1996 1997 (June 23) Betty Shabazz, widow of Malcolm X, died of burns sustained in a June 1 fire in her home 1998 DNA evidence was used to test the theory that Thomas Jefferson fathered the children of a woman he enslaved, Sally Hemings most concluded that the DNA and other evidence confirmed the theory (September 21) track and field great Florence Griffith-Joyner died (athlete; first African-American to win four medals in one Olympics; sister-in-law of Jackie Joyner-Kersee) (September 26) Betty Carter died (jazz singer) 1999 (November 4) Daisy Bates died (civil rights activist) More of the Timeline:  1980 - 1989 / 2000 -

Free Essays on Comparing To Major Models In Organized Crime

A Comparison Of Two Major Models of Organized Crime: The Smith’s Enterprise Model and The Block Model  To understand a model of organized crime there must first be an understanding of what organized crime is. The American Heritage Dictionary (2000) defines it as; â€Å"Widespread criminal activities, such as prostitution, interstate theft, or illegal gambling, that occur within a centrally controlled formal structure .† Many Scholars use varies attributes to not completely define but identify organized crime. Organized crime can then be identified as a group that has no ideological, are hierarchical, have limited/exclusive membership, are perpetuitous, use illegal violence, demonstrate a division of labor, are governed by a code of secrecy (Potter, p.1a). Assuming that both definitions are correct then Smith’s Enterprise Model and Block’s Enterprise and Power Syndicate Model can be defined under these terms; or can it? Smith’s Enterprise Model began with a man named Dwight Smith who wrote the book The Mafia Mystique in 1975. This model based the idea that organized crime was basically a normal business operation that performed in the illegal market. It was the fundamentals of entrepreneurship that led to the organized crime sector because it was based out of illegal goods and services. This was first examined with a look at the 1920s when Prohibition was set forth. Once alcohol became illegal a huge black market arose which produced illegal goods by the new style gangsters. Smith’s role was also supported by Alan Block with his empirical study of the cocaine trade in New York City (cited in Potter b). Block concluded that there was not one monolithic criminal organization but several smaller ones based around this illegal entrepreneurship. (Potter, p.1-2b) Block’s Enterprise and Power Syndicate Model was founded by a man named Alan Block. He studied organized crime between 1930 and 1950 in New York City. ... Free Essays on Comparing To Major Models In Organized Crime Free Essays on Comparing To Major Models In Organized Crime A Comparison Of Two Major Models of Organized Crime: The Smith’s Enterprise Model and The Block Model  To understand a model of organized crime there must first be an understanding of what organized crime is. The American Heritage Dictionary (2000) defines it as; â€Å"Widespread criminal activities, such as prostitution, interstate theft, or illegal gambling, that occur within a centrally controlled formal structure .† Many Scholars use varies attributes to not completely define but identify organized crime. Organized crime can then be identified as a group that has no ideological, are hierarchical, have limited/exclusive membership, are perpetuitous, use illegal violence, demonstrate a division of labor, are governed by a code of secrecy (Potter, p.1a). Assuming that both definitions are correct then Smith’s Enterprise Model and Block’s Enterprise and Power Syndicate Model can be defined under these terms; or can it? Smith’s Enterprise Model began with a man named Dwight Smith who wrote the book The Mafia Mystique in 1975. This model based the idea that organized crime was basically a normal business operation that performed in the illegal market. It was the fundamentals of entrepreneurship that led to the organized crime sector because it was based out of illegal goods and services. This was first examined with a look at the 1920s when Prohibition was set forth. Once alcohol became illegal a huge black market arose which produced illegal goods by the new style gangsters. Smith’s role was also supported by Alan Block with his empirical study of the cocaine trade in New York City (cited in Potter b). Block concluded that there was not one monolithic criminal organization but several smaller ones based around this illegal entrepreneurship. (Potter, p.1-2b) Block’s Enterprise and Power Syndicate Model was founded by a man named Alan Block. He studied organized crime between 1930 and 1950 in New York City. ...

Analysis of the Film Blade Runner Essay Example | Topics and Well Written Essays - 1250 words - 2

Analysis of the Film Blade Runner - Essay Example For all intents and purposes, Deckard the hero is presented to the audience as a typical macho hero, he is a retired policeman a hardy and trained fighter not only capable of protecting himself but others. He has problems like anyone else but he cuts the figure of independence and freedom, a man who is a master of his universe, so to speak. However, despite his macho and fearless image quickly erodes when he is strong-armed and subtly manipulated by Bryant to go back to Blade running a job he has no intention of doing. Bryant exercises power over Deckard in the same way the Panopticon does to the prisoners, keeping him in permanent visibility by denying him a chance to retire so that he can sustain automatic power functioning. (Foucault 156). From this, one can surmise that he in spite of his physical power and intelligence he is enslaved by the fear he drives him to seek out the replicants although he would rather not be involved. His is however not the only fear, every other charac ter and even the intended ground on which the movie was founded is based on fear. Human beings create the replicates so they can carry out tasks that are impossible for them such as mining in other planets, however, since they recognized that the replicants were potentially more powerful, they made them such that their lifespan could not extend past four years. Essentially humans had created a system that forced the replicants to live in perpetual fear and dread knowing that whatever they did they could not live to enjoy it for more than the four years allocated to them. This fear drove Roy to go hunting his â€Å"father â€Å"and creator Tyrell, in a desperate attempt to discover the secret of life, this quest is a parallel of human attempts to discover the secret of immortality since they live in perpetual fear of death’s inevitability. The blade runners who are tasked with the duty of â€Å"retiring† them was in an attempt by the authorities to consolidate their p ower and ensure there is order in society by eliminating and elements that could potentially challenge power in the future.

External Analysis Essay Example | Topics and Well Written Essays - 750 words

External Analysis - Essay Example The external analysis allows the company to keep up to date with the changes in the industry. It helps the organization in keeping track of the stakeholders in the market including the customers and competitors. The outcome of the external analysis comes through the development and implementation of strategies. There are factors that affect the way that organizations perform these factors can be internal environmental factors and external environmental factors. The internal environment encompasses the strenghths and weaknesses of the company and covers the internal factors that can be the resources including the profitability, sales or can be the capabilities. Factors such as the corporate culture and employees also constitute to the internal environment. One the contrary, external factors are outside of the company. Advancements in technology and changes in government regulations and social policies can be characterized as opportunities or threats for the company. The opportunities for the firm include the changes in the trends, changes in the competition, analysis of new markets as well as segments, advancements in information technology and the alterations in government regulations. ... rs to entry and hence, emergence of competitors, low growth of the market, unfavorable changes in the regulation and advancements in technology that are difficult to keep up with. StilSim: Threats and the Opportunities: An external analysis of Stilsim would give a detailed view of the opportunities and threats that the company deals with. Opportunities: The analysis revealed that among the opportunities is the prospects of expansion and the advancements in technology. One of the vital aspects for an organization is its prospects for expansion. An attractive opportunity for Stilsim is the choice of spreading to other areas and expanding operations beyond the current region of work. Despite the condition of the markets, businesses of the employment firms and recruitment agencies are always in demand. This opportunity for Stilsim can enable it to capitalize over its experience and contacts in the industry and expand the operations to various cities. another opportunity that was recogniz ed was the technological opportunities. With the passage of time and the advancements in information technology, there has been an evolution in the way businesses conduct themselves. Technologies that were once seen as far sighted notion are now household commodities. This advancement in technology has provided more opportunities for businesses. Stilsim can reach its potential customers through its web presence. It could mould its website according to the needs of the customer and current trends. The internet could be exploited to communicate the core values of business and use it for E-marketing. Threats: The threats in the external environment include the company's its incompetence regarding technology and the use of state of the art systems. Stilsim is still dependent upon the use of