Monday, January 27, 2020

Advantages and Disadvantages of Nutrigenomics

Advantages and Disadvantages of Nutrigenomics The word Nutrigenomics is a combination of nutrition and genomics. Nutrition is about the relationship between food and health; genomics is the study of entire genetic makeup of an organism and how they are expressed and regulated. Therefore, nutrigenomics is a field which concerned about the relationship between diet and gene expression by describing the approach to nutrition and human health that studies the implication of genetic differences in human response to food and how food alter the gene expression, biochemistry, metabolism and promotion of health (Elliot R, 2002). In other words, nutrigenomics is the study and application of gene and nutrition interaction. Besides, nutrigenomics also provides a basis for understanding the biological activity of food components (Rawson N, 2008). In addition, nutrigenomics has also been described by the influence of genetic variation on nutrition by correlate the gene expression with a nutrients absorption, metabolism and how it is eliminate d from our body. In nutrigenomics, nutrients are seen as signals that are detected by a sensory system in the cell that tells the body cells about its environment (diet). Once the nutrient interacts with such system, it alters the gene, metabolite production and protein expression in depending on the level of nutrient it detected (Afman and Muller M, 2006). Hence, different diets will elicit different patterns of gene, protein expression and metabolite production. Such patterns of effects have been referred to as dietary signatures, where they are examined to investigate how homeostasis is influenced (Afman and Muller M, 2006). There are many ways on how nutrigenomics is useful to improve quality of life. Firstly, nutrigenomics define the causality relationship between specific nutrients and diet on human health by determining the mechanism of the effect of the nutrients or diet to human body. Besides, nutrigenomics helps to facilitate prevention through dietary modification when the diet-related diseases are detected in early stage. Nutrigenomics also allows the examination on how nutrients affect the genes present in the human genome. With all these reasons, nutrigenomics promotes and improves the understanding of people on how nutrition influence metabolic pathways and alter the homeostatic control in our body. Moreover, nutrigenomics is also able to demonstrate the impact of bioactive food compounds and its effect on human health, which should lead to the development of functional foods that will keep people healthy based to their individual needs. Then, this will further prevent development of chronic diet-related disease such as cardiovascular diseases, obesity and Type 2 diabetes mellitus. In addition, nutrigenomics also involve in finding markers of the early phase of diet-related diseases. At this phase, intervention with nutrition approach can restore patients health. Once a marker has been found and measured in an individual, the stage of susceptibility of the person to develop the diet-related diseases can be quantified and personalized dietary recommendation can be then given to that particular individual and further improve his or her quality of life. Cardiovascular disease (CVD) is one of the lifestyle diseases and it is the most common cause of death all over the world. In Malaysia, about 30% of deaths are caused by CVD (WHO, 2009). There are many factors that can lead to CVD. For example, elevated low density lipoprotein (LDL) level, low level of high density lipoprotein (HDL) and high level of total cholesterol. Diet has a significant effect on CVD. However, long term health benefits can be obtained from dietary proteins and bioactive non-nutrients, called phytochemicals, which could be either integrated into the diet or be part of the food itself. One of the foods that can be used to reduce the risk of getting CVD is soybean. Soybean contain soy protein and it contains phytoestrogens which bind to estrogen receptors in the body. Besides, soybean also contains high level of Isoflavones. There are three major isoflavones in soybeans which are genistein, daidzein and glycetein. Isoflavones have a non-steroidal structure. However , they possess a phenolic ring that enables them to bind the estrogen receptor and act either as estrogen agonists or antagonists (Makela et al., 1995). One of the ways to prevent or reduce the risk of getting CVD is by lowering the LDL cholesterol level in our blood. The LDL is the major cholesterol-carrying lipoprotein in plasma and it is the causal agent of CVD and coronary heart disease. The major determinants of LDL cholesterol levels in the blood are depend on the number and activity of low-density lipoprotein receptor (LDLR). These LDLRs are mostly found on the surface of the hepatic cells. The LDLR controls the uptake of LDL from the circulation and its intracellular degradation by a process known as the LDLR pathway (Anne K Sautar, 2010). According to Manzoni et al, 2003, the peptides formed by the digestion of soy protein up-regulate hepatic LDLR in the mechanism for the cholesterol lowering effects of soy protein. Based on several clinical studies and researches, Sirtori et al (1995) suggested that soy protein can up-regulates LDLR in human. By consuming soy protein with isoflavones, LDLR will be stimulated and increase th e uptake of LDL from the circulation and reduce the LDL level in the blood. This will further decrease the risk of getting cardiovascular diseases. Furthermore, the number of LDLRs is regulated by a negative-feedback loop. An increase in hepatocyte cholesterol level will suppress the transcription of LDLR genes and retain LDL in the plasma. In contrast, a decline in hepatic cholesterol will stimulates the transcription of LDLR genes and then removes the LDL from the plasma (Elizabeth G, 2003). In addition, Baum et al, 1998, suggested that isoflavones may increase the efficiency to eliminate LDL from the blood by increasing LDLR densities in the liver. Besides, Anderson et al (1995) also suggested that level of total cholesterol and LDL can be lowered by consuming soy protein with isoflavones. A review of 38 controlled studies on soy and CVD concluded that soybean is definitely effective in improving the cholesterol profile. Interestingly, there are some studies shown that with low c oncentrations of genistein could up-regulate LDL receptor activity and increase LDL receptor gene expression (Kanuck and Ellsworth, 1995). However, there is also some evidence that isoflavones are the active compound in soy in responsible for lowering the LDL in blood and may offer protection against CVD. Therefore, the mechanisms by which soy modulates blood cholesterol and lipoprotein levels in order to prevent or lower the risk of CVD need further research. There are many advantages of nutrigenomics. One of the advantages is nutrigenomics helps to improve our quality of life by promotes an increase of understanding on how nutrition affects metabolism, homeostatic control and introducing the prevention of chronic diet-related diseases to the people. Nutrigenomics also helps in preventing or delaying the onset of diet and lifestyle related disease such as obesity, cancer, CVD and diabetes mellitus. Apart from chemical drug treatment and therapy, nutrigenomics also acts as supporting element to fasten recover and prevent further damage caused by disease. For example, an individual that are diagnosed to have CVD, with the knowledge of nutrigenomics, they can change their dietary intake to lower their low density lipoprotein level and increase their high density lipoprotein level in their body to prevent and minimized the impact of CVD to their body. In addition, nutrigenomics also helps a country to save cost in a long-term prospect. This i s because with the development of nutrigenomics, it can leads to prevention of diseases and thus reduces the cost of treatment, along with decrease in the countrys burden of disease, which then decrease the cost of the government that allocates for health therapy and health services to the community. When there are advantages, there will be disadvantages. One of the disadvantages of nutrigenomics is costly and time-consuming. Nutrigenomics researches need long-term intervention trials to determine the causal relationship between nutrition and ways of prevention, as well as the outcome of disease which is time-consuming and costly. The methods for measuring dietary intake are much more imprecise when compared to genetic or biochemical measurement. Another disadvantage of nutrigenomics is ethnical implication. Since nutrigenomics include genetic test by the usage of samples from identified populations, ethical and legal implication may appear. The management of genetic information, consent, confidentiality, non-medical uses of information by employers and insurers are some of the ethnical issues that may arise. Furthermore, nutrigenomics might misused by some companies. Recently, the interest of public in this field is increasing. As a result, in United States, some companies are t aking this advantage by providing nutrigenomics services to public. These companies may mislead the consumer by making health-related predictions that are medically unproven or asking their customer to buy costly supplement that they claimed to be developed according to an individuals unique DNA. Moreover, nutrigenomics tests and researches require a large study population of patients and controls to investigate combinations of genetic variants and impact of nutrients in relation to a disease. Thus, it is difficult to visualize the combined data and analyzed, and in an integrated manner, how multiple gene and multiple nutrients interact simultaneously. In conclusion, nutrigenomics has great potential to benefit medical science in the future. However, it is still only in its infant state and there are many uncertainties about its further development.

Sunday, January 19, 2020

For What Reasons Did the Coalition Government Abolish Police?

For what reasons did the Coalition Government abolish police authorities in 2012? What problems do you think are raised by the introduction of elected Police and Crime Commissioners? This essays objective is to take into consideration the rationale of the Coalition governments’ decision to replace police authorities with elected Police and Crime Commissioners (PCC). A critique and a background of the police authorities operations will be discussed and evaluated. A brief history of policing before police authorities were established will also be explored.Furthermore, the reasons why there was a radical reform to PCC’s will be debated and the problems that may arise. Policing has always been a challenging issue and it most likely will always be challenging. Sir Robert Peel’s first principle of policing stated: â€Å"The basic mission for which the police exist is to prevent crime and disorder† (Cited in Theresa, M 2010). There has been an attempt to always c ling onto this. The only difference is how certain authorities or political groups approach it. In the nineteenth century, autonomy and power were located within boroughs, locally.After a few attempts to try to centralise the police force and a few police corruption scandals which occurred in the 1950s, it was finally the time for the government to produce a centralised, professionalised group of senior police officers. In 1964, under the Police Act, these smaller, more manageable forces were to be known as â€Å"police authorities†. Their role was to ‘‘secure the maintenance and of an adequate and efficient police force for their area’’. (Citied in Williams, C 2003). However, the police authorities are now being replaced by elected PCCs.The main purpose of this reform is to restore the drive for local policing priorities and the public by leading engagement with local policing partners. This will boost the empowerment of local communities in crimina l justice affairs. Beginning with a little history of how and why police authorities were introduced. Throughout the nineteenth century and well into the twentieth, police power was largely seen as a responsibility of local government, and police were controlled by the appropriate local institution.The policing were in the hands of the local government and the boroughs of England and Wales, by whom fiercely protected the police powers exercised by their elected watch committees. These powers were symbolic of the city's independence, and police forces were crucial exercisers of executive power locally, concerning poor relief, licensing laws, the regulation of the streets, and the imposition of morality on the community. The 1835 Municipal Corporations Act introduced democracy to the self-governing towns of England and Wales.The only compulsory statutory duty was to select a watch committee to run the police force. The self-governing towns can be described as self-confident, prosperou s and autonomous. . The committees had complete power over the activities and composition of their forces. (Citied in Brogden, M 1982). The government aimed at increasing centralisation within the police force but after a few attempts to intervene, they failed. The first attempt by the state to reduce the autonomy of the towns and cities came after the 1853 Select Committee on Police, which recommended extending compulsory police provision to all areas.The Home Office were under no doubt that, the most efficient way to run each force would be to put it ‘under the orders of Government. However, these recommendations from the Home Office had to be consulted with the opposition of the local government. In 1854 and 1856, the Home Office's attempts to pass police bills that limited the rights of boroughs to control their own police forces were defeated by the borough. The boroughs also had total autonomy and democratic control over operational decisions.The watch committees, meetin g weekly, had the power to hire and fire members of their forces and were prepared to exercise it. (Citied in Emsley, C 1996). Further action was done by the Labour representatives in the 1920s to gain centralisation. By 1939, Labour controlled 18 out of 83 county boroughs. The Home Office took increasing responsibility for producing a class of leaders for police forces, and thus intervened increasingly in matters of training, promotion and appointment. The Home Office also began to intervene more in the appointment of Chief Constables.The 1950s Whitehall introduced a policy of refusing to appoint any Chief Constable who had no experience in a different force: this was clearly designed to create a more nationally homogenous and professionalised group of senior police officers. Since the increased effort for involvement with the boroughs and watch committees, there was a growing demand of professionalism within the police. The boroughs had co-operated fully in modernising and homogen ising the police forces, through co-operative training and communication. Citied in Loveday, B 1994) Between 1919 and 1964, the state tried using ‘efficiency', ‘economy', and ‘national security' as reasons to centralise control, before successfully employing ‘corruption' to achieve this. The 1960 Royal Commission was actively steered by the Home Office along its own centralist agenda, resulting in the 1964 Police Act, subsuming city forces into counties. These were influenced by the nature of two policing scandals of the late 1950s, which gave the Home Office a convenient point of entry with which to attack the status quo. (Citied in (Ludtgarten, L 1986).Both scandals were cases of corruption within the boroughs, the Brighton Borough police force in 1957, where the chief constable and two officers were arrested and charged with a variety of corrupt practises, and in Labour- controlled Nottingham in 1958, where there was an investigation launched on Labour cou ncillors and succeeded to prove that two labour councillors and the Secretary of the District Labour Party had been bribed on a visit to East Germany. Events such as mentioned above involving corruption led to the boroughs finally losing their police powers completely.A royal commission on the police had been appointed in 1960 to review the constitutional position of the police throughout Great Britain, and in 1964, the Police Act was introduced. (Citied in Willams, C 2003). Returning to answering the question more directly now, the Police Act of 1946 mirrored the interests of greater efficiency and greater central control over policing. It allowed for the amalgamation of existing forces into more efficient units, merging them into a more manageable number of 43 forces in England and Wales.The watch committees were replaced with police authorities. This new system was characterized as â€Å"the tripartite structure† of police accountability. The tripartite system distributes responsibilities between the Home Office, the local police authority, and the chief constable of the force. (Citied in Williams, C 2003). This tripartite system provides accountability to Parliament through the Home Secretary (who has responsibility for policing policy including centrally setting key priorities that are formalised within a National Policing Plan).Police Authorities were composed of councillors (two-thirds) and magistrates (one-third) and their role was to ‘‘secure the maintenance and of an adequate and efficient police force for their area’’. (Citied in Williams, C 2003). To liberate this duty they were provided with a number of specific and statutory responsibilities which included appointing and dismissing its senior officers, making sure arrangements are in place to consult the local community about the policing of their area and heir priorities, publish an annual local policing plan and a best value performance plan, setting out the pol icing priorities, performance targets, and the allocation of resources, to publish a three-year strategy plan, which must be approved by the Home Secretary and monitor the performance of the force in delivering the policing plan. (Joyce, P 2011: 118, 127). Although there have been issues raised about police authorities and these concerns will be brought to the surface, it can also be argued that police authorities have constituently tried to provide â€Å"an efficient and effective† police force.This can be shown by all the legislation that has been introduced. The 1994 Police and Magistrates Act, Courts Act (PMCA) 1995, the Police Act 1996, and the Police Reform Act 2002, have all endorsed the tripartite arrangements and aimed to fundamentally ensure and provide an adequate, efficient and effective police force. ( Citied in Williams, C 2003). The introduction of the policing pledge in 2008 by the Labour party, although it has been scrapped by the Coalition government, aimed at restoring public faith and to ensure the services being provided locally were adequate.Promises such as providing monthly local crime rates, answering all non-emergency calls promptly, providing information to the community on their Neighbourhood Policing Team i. e. where they are based, how to contact them and how to work with them were stated on this document, to increase community engagement and involvement. (Citied in The Policing Pledge, 2008). There has been placed a great deal of importance on empowerment, localisation, decentralisation of power and community involvement. There has been many green and white papers published to support this.David Blunkett’s â€Å"Civil Renewal† Agenda (2003) and David Cameron’s â€Å"Big Society† Agenda (2010) has influenced trends towards â€Å"community engagement, confident and cooperation† within their respective policing reform programmes continues. The agendas extensively focus on the responsibility of the government and every citizen’s efforts to strengthen communities, to revitalise our democracy and to provide more power and opportunity into people’s hands and security for all. It is believed that the engagement of everyone is necessary to make that happen; the government alone cannot fix every problem.Furthermore, Sir Ronnie Flanagan conducted the report of â€Å"The Review of Policing† in 2008. Flanagan stated that involving local communities in political decision-making processes is crucial and delivering in partnerships, developing the workforce and improving performance at force levels. (Flanagan, 2008). As mentioned above, there were concerns regarding the police authorities. One of the main issues was that central control undermined local police affairs power and authority. In the early 1980’s, there were clashes between police authorities and chief constables relating to who would have the final say in particular activity.The reliance of t he Home Office by chief constables tended to increase the power of the central government over local police arrangements. In addition, the introduction of the 1994 Police and Magistrates Courts Act enabled the Home Secretary to determine and set national objectives or priorties. This task was previously done by chief constables. Furthermore, the police areas would be assessed on their attainment by comparing to a set of performance targets. Empowerment, localisation, and decentralisation are clearly not desired. ( Citied in Williams, C 2003).Additionally, the situation continued to be aggravating as further developments such as the targets imposed by central government were extended and became the key tool of performance management. Police forces had to deliver on activities, which were determined centrally. Public Service Agreements (PSAs) were introduced in 1998 to promote clarity in service delivery, again centrally. This target regime led to the bulk of police work focusing on a chieving the targets imposed on them, this made it impossible to concentrate on local concerns. This again suggests the central power undermining powers and authority locally.Also, it was suggested that centrally determined targets â€Å"tend to distort priorties, tempting officers into using their tine in unproductive ways into directly fiddling performance figures† (Loveday and Reid, 2003: 19). Similarly, they created a â€Å"counting culture† within the police service whereby â€Å"only what got measured got done† (Loveday and Reid, 2003: 22). Additional research was undertaken in 2003 investigating the role of police authorities in public engagement. Participants that were interviewed saw police authorities’ independence from the police force as very important.This was because of the risk of corruption or abuse of power. â€Å"If it was 100 per cent fully independent, then I think that would make a lot of difference to people, and I think they would feel a lot happier knowing that it was being†¦kept an eye on. † (Home Office 2003: 19). However, many participants thought that police authorities did not appear to be independent enough, and this could undermine the community’s confidence and trust in them. There was a feeling in many groups that the number of independent members should increase or even that authorities should be composed completely of independent members.There were worries that the independent members might not have a fair say, as councillors and magistrates have an overall majority on the authority. (Citied in Home Office, 2003). â€Å"â€Å"You’re paying†¦.. it’s your community, you live there, so you should have a say in how it’s policed. † (Home Office 2003: 17). The community does seem to desire to get involved in the decision making, however when asked who made decisions about spending and who was responsible for the monitoring of police performance, there was very little spontaneous mention of police authorities. (Citied in Home Office, 2003).These findings suggest that police authorities are not adequate or efficient enough, people living in the communities have very little knowledge of police authorities and the question is why? More should be done to advertise and involve the community in the decision making process of what happens in their communities. Their involvement would increase the confidence in the police and create a more coherent community. Conversely, as the Coalition government scrapped the policing pledge, they also disposed police authorities in 2o12 and replaced them with elected police and crime commissioners (PCC).The Coalition government strongly believed that it was vital to replace bureaucratic accountability from central government to democratic accountability to the public. PCCs will make forces truly accountable to the communities they serve, ensuring that resources are properly targeted to where they are n eeded and giving the public a greater say in measures to reduce crime and improve community safety. The main aim of PCC was to â€Å"put power directly in the hands of the public†. (Home Affairs Committee, 2o1o:10). The key powers of PCCs are to set the police force budget and to hire and fire chief constables. Citied in Home Affairs Committee, 2010). The Elected PCC’s have overcome issues that the police authorities did not: the community involvement, empowerment and local governance is greater. The community elects their own PCC’s locally and it represents the drive for local policing priorities and the public by leading engagement with local policing partners. This new approach to policing is boosting the empowerment of local communities in criminal justice affairs. They will hold the elected chief constable to account; making sure that policing is responsive to the communities’ needs.There is an increased democratic accountability. (Citied in Home Aff airs Committee, 2010). However, this new reform also faces a few critiques. Lord Blair referred to this proposal as â€Å"the most lamentable provision about policing I have ever encountered† (Blair, 2011). Firstly, the PCC will replace the 17 or 19 members who currently represent a police authority. It is impossible to imagine how one person can adequately represent the diverse demands of the vast range of communities found in the areas covered by police forces, whether they are heavily populated urban ones or cover geographically large rural areas. Joyce, P 2011). As the policing needs and concerns of neighbourhoods are usually vastly different and are often in direct competition for finite police resources, it is a concern that a PCC will seek to direct policing to address the localised, sectionalised or political interests of those who elected him or her into office thus serving to politicise policing and opening the door to the possibility of corruption. (Joyce, P 2011). Before the 1964 Police Act, there were claims and investigations into policing corruption scandals: the Borough police force in 1957 and in Nottingham in 1958. Citied in Willams, C 2003). Its due to these concerns about policing corruption, the police force became centralised. This is a major concern and strict safeguards and monitoring will have to be established to avoid it from happening again. Secondly, there is the question as to whether this reform was needed. It is fair to suggest that it is intensely politicized and a populist measure. Valid criticisms can be made concerning the operations of police authorities, however this did not mean they were performing a poor job and providing a poor police service.Party politics were not injected onto the agenda. In fact, there was a good working relationship between the police authorities and the chief constables in many areas and the communities and local policing benefited from this. (Joyce, P 2011). Ian Loader (2008) stated that the â€Å"government is urged to take another ride on the law and order merry-go-round, to issue a fresh batch of crowd-pleasing-measures that can appease its apparently angry and anxious consumers†. Many will harmonize with this.The government is in need of public support, confidence and trust and the best way to get the local communities or â€Å"customers† support is to respond to our demands. As was mentioned above, the community would like more opportunities to get involved in the way their communities are being policed and the new reform of elected PCC’s can be perceived as a crowd-pleasing-measure. (Citied in Loader, I 2008). Garland again has famously said that the policy-making has become profoundly politicized and populist.Policy measures are constructed in ways that value public opinion over the views of experts and the evidence of research. â€Å"The dominant voice of crime policy is no longer the expert or even the practitioner but that of the long -suffering, ill served people- especially the victim and the fearful, anxious members of the public†. (Stated in The Culture of Control, 2001). Furthermore, a range of views were put forward on the role of PCCs from the consultation feedback and it was not all positive.Concerns have been expressed that a PCC, as a single individual, may not be effective across a whole force area and find it difficult to engage with communities sufficiently. Moreover, there was concerns received about the checks and balances proposed in the consultation. Some members believed that the arrangements might prove overly bureaucratic or create confusing lines of accountability for chief constables and the public. Others felt that they were too weak, or sought more detail on how the Police and Crime Panels (PCPs) would provide a real challenge and scrutiny. Citied in Theresa, M 2010). Many also expressed concerns about the political nature of the role of the PCC and in particular the involvement of c andidates supported by the main political parties. They believe this would risk cutting across the operational decisions made by chief constables and other police officers, and this would most definitely inject party politics, whereby police authorities did not. Additionally, there needs to be appropriate and respectable safeguards to be put in place regarding to circumstances under which a PCC could dismiss or suspend a chief constable.These issues, if they were to ever occur, could create tension between PCCs and chief constables. The community will have a knock-on effect from this, as they would be the ones feeling the consequences. There would not be an adequate and efficient service provided to the community. That was the aim of PCCs and if it does not meet its own aims, it would fail dramatically. (Citied in Theresa, M 2010). It is fair to say police authorities and PCCs have issues to be concerned about but also have positive points.Police authorities and the 1964 Police Act did structure the police force and it did aim at providing â€Å"an efficient and effective† police force. This is consistently shown by the constant need to improve and advance the services being provided to the public . The 1994 Police and Magistrates Act, Courts Act (PMCA) 1995, the Police Act 1996, and the Police Reform Act 2002, the Policing Pledge 2008, have all endorsed the tripartite arrangements and aimed to fundamentally ensure and provide an adequate, efficient and effective police force.However, the demand for empowerment, localisation, decentralisation of power and community involvement perpetually grew stronger too and the police authorities did set priorities and standards nationally, and not locally. Research was undertaken in 2003 investigating the role of police authorities in public engagement. participants that were interviewed saw police authorities’ independence from the police force as very important. This was because of the risk of corruption or abuse of power. You’re paying†¦.. it’s your community, you live there, so you should have a say in how it’s policed. (Home Office 2003: 17). The community does desire to get involved in the decision making, however the lack of knowledge of police authorities and how you can get involved or the lack of liberation of empowerment and localisation should be questioned. (Citied in Home Office, 2003). The Coalition government 2012 decided to introduce PCCs. The ain of this reform was to to democratic accountability to the public and to â€Å"put power directly in the hands of the public†. (Home Affairs Committee, 2o1o:10). In this case, the input from the public is greater and have greater local empowerment.However, PCC faces its problems too. It does face greater likelihood of policing corruption, a PCC, as a single individual, may not be effective across a whole force area and find it difficult to engage with communities sufficiently. 17 to 19 members a re being replaced by one PCC. It is impossible imagine how one person can adequately represent the diverse demands of the vast range of communities and activities. In conclusion, the question still remains as to whether this reform was needed, the police authorities were not proving a poor service or doing a poor job.Garland (2001) would suggest that the policy-making has become profoundly politicized and populist. The introduction of PCC was just a populist measure. However, the local communities may benefit from the empowerment and local prioritisation and if they do, PCCs have succeeded their aims. References †¢Blair, L. (2011), ‘‘Speech in the House of Lords 27 April’’, HL Debs Session 2010-11, Vol 727, Col 137 †¢Blunkett, David (2003) ‘Civil Renewal: A New Agenda’ , London: Home Office †¢Brogden, M (1982), â€Å"The Police: Autonomy and Consent†, London: Academic Press. Emsley, C (1996), â€Å"The English Police: a P olitical and Social History†, Harlow: Longman. †¢Flanagan, Sir Ronnie (Feb 2008) The Review of Policing: Final Report. London: Home Office †¢Garland, D (2001), â€Å"The Culture of Control. † Oxford: Oxford University Press. †¢Home Affairs Committee, (2008). ‘‘Policing in the twenty-first century’’, Seventh Report, Session 2007/08, House of Commons Paper 364, TSO, London. †¢Joyce, P. (2011). Police reform: from police authorities to police and crime commissioners. Sage, London. †¢Loveday, B. (1994), â€Å"The Police and Magistrates Courts Act†.Policing 10(4), pp 221-233 †¢Lustgarten, L. (1986), â€Å"The Governance of the Police†, London: Sweet & Maxwell. †¢The Coalition Manifesto: â€Å"Our Programme for Government† (May 2010) †¢Theresa, M (2010). â€Å"Policing in the 21st Century: Reconnecting police and the people†. Home Office †¢Home Affairs Committee (2010), ‘à ¢â‚¬ËœPolicing: police and crime commissioners’’, Second Report, Sessions 2010/11, House of Commons Paper 511, TSO, London. Bibliography †¢David Cameron speech (19 July 2010) â€Å"Our Big Society Agenda†. London: Home Office Date accessed: 25 November 2012 http://www. conservatives. om/News/Speeches/2010/07/David_Cameron_Our_Big_Society_Agenda. aspx †¢Home Office (2003), â€Å"The role of police authorities in public engagement† Date Accessed: 3 December 2012 http://library. npia. police. uk/docs/hordsolr/rdsolr3703. pdf †¢Loader, I (2008). â€Å"The great victim of this get-tough hyperactivity is Labour†. The Guardian Date accessed: 28 November 2012 http://www. guardian. co. uk/commentisfree/2008/jun/19/justice. ukcrime †¢The Policing Pledge (2008). London: Home Office Date Accessed: 1 December 2012 http://www. met. police. uk/pledge/our_pledge_leaflet. pdf

Friday, January 10, 2020

Philippine Constitution †Article Iii Essay

Article III Bill of rights – declaration and enumeration of a person’s right and privileges which the Constitution is designed to protect against violations Basis: social importance accorded to the individual in a democratic or republican state Classes of rights 1) Natural rights – right possessed by every citizen without being granted by the State for they are given to man by God Ex. Right to life, right to liability, right to property, right to love 2) Constitutional right – rights which are conferred and protected by the Constitution; cannot be taken away 3) Statutory rights – rights which are provided by laws promulgated by the law-making body and may be abolished by the same body Ex. Right to receive a minimum wage, right to adopt a child Classification of constitutional rights 1) Political rights – rights of the citizens which give them the power to participate 2) Civil rights – rights which the law will enforce at the instance of private individuals for the purpose of their happiness 3) Social and economic rights – rights which are intended to insure the well-being and economic security of the individual 4) Rights of the accused – civil right intended for the protection of a person accused of any crime State authority and individual freedom 1) State, an instrument to promote both individual and social welfare – promote the happiness and welfare of both the individual and the group Liberty – blessing without which life is a misery Doctrine of laissez faire – â€Å"let people do as they choose† 2) Conflict between individual rights and group welfare – State as an instrument to enable both the individual and society together to attain their greater happiness 3) Balancing of individual and group rights and interests – there can be no absolute power and absolute liberty 4) Role of the Judiciary – balancing the interests of the individual and group welfare in the adjudication of disputes that is fair and just Supreme Court – arbiters of the limits of governmental powers Section 1. No person shall be deprived of life liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws Due process of law – a person may be deprived by the State of his life, liberty, or property provided due process of law is observed; a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. Aspects of due process of law (has two-fold process) 1) Procedural due process – method or manner by which the law is enforced 2) Substantive due process – law should be â€Å"fair, reasonable, and just† Procedural due process 1) In judicial proceedings It requires: a) Impartial court b) Jurisdiction lawfully acquired over the person of the defendant c) Opportunity to be heard given the defendant d) Judgement to be rendered after lawful hearing 2) In administrative proceedings – an offender may be arrested pending the filing of charges or an officer/employee may be suspended pending an investigation for violation Substantive due process 1) Tax which is imposed for a private purpose constitutes a taking of property without due process as it is beyond the authority of the legislature to levy. The reason is that tax can be imposed only for a public purpose. â€Å"Ability to pay principle† 2) Taking of property for private use offends substantive due process. Persons protected – all persons within the territorial jurisdiction of the Philippines Life – something more than mere animal Liberty – right of man to use his faculties with which he has been endowed by his Creator as long as he does not violate the law or the rights of others Property – the right over a thing What constitutes deprivation 1) Deprivation of life – extinction of human existence and various physical and mental attributes 2) Deprivation of liberty – unreasonable restriction on the liberty of others 3) Deprivation of property – property’s value is destroyed or impaired Meaning of equal protection of the laws * all persons subject to legislation should be treated alike * prohibits â€Å"class legislation† (discriminates against some and favors others) Reasonable classification permitted * Persons/properties may be grouped into classes No denial of the protection where under the law- a) Foreign corporations are made to pay higher amount of taxes b) Certain professions are limited to persons of the ‘male’ sex c) Certain privileges for leaves to women are not extended to men d) Preference is given to Filipino citizens in the lease of public market stalls e) Different professions are taxed at different amounts f) Employment of children is prohibited Sec 2. Right of the people to be secure shall be inviolable; no warrant shall issue except determined personally by the judge Search Warrant – order in writing, signed by a judge; search for certain personal Property Warrant of arrest – a person is taken into custody Scope of protection 1) Persons – protection applies to everybody 2) Houses – the protection is not limited to houses but extends to a garage, warehouse, shop†¦ 3) Papers and effect – sealed letters and packages When search and seizure unreasonable – purely judicial question Requisites for valid search warrant or warrant of arrest 1) Issued upon probable cause 2) Probable cause must be determined personally by the judge 3) Probable cause must be made after examination 4) Warrant must particularly describe the place to be searched or persons/things to be seized Probable cause – there is a good reason for believing that the law has been broken or a crime has been committed Sufficiency of affidavit upon which warrant is based 1) Test of sufficiency affidavit – perjury could be charge for damages caused in case his declaration are found to be false 2) Basis of affidavit – must be based on personal knowledge or information Sufficiency of description 1) Place 2) Person – â€Å"John Doe† or â€Å"Jane Doe† (person is unknown) 3) Property – must be specific General warrant – not particularly describe the things to be seized Rights against unreasonable search and seizure, personal 1) Proper party to invoke right – the seizure can be contested only by the party whose personal rights were involved 2) Right subject to waiver – without proper search warrant, no public official has the right to enter the premises of another When search and seizure may be made without warrant 1) Where there is waiver 2) Search is incident to a lawful arrest 3) Forfeited goods are being transported to a verhicle 4) Articles prohibited by law is open to eye and hand When arrest may be made without warrant 1) Had committed 2) Is committing 3) Will be committing Sec 3. Privacy of communication shall be inviolable; evidence in violation shall be forbidden Right of privacy – right to be left alone Basis and purpose of the right 1) Right existing in the state of nature – person’s inherent right to enjoy his private life 2) Right designed to secure enjoyment of one’s private life – accorded protection to secure the enjoyment by a person of his private life Relationship with right against unreasonable searches and seizures 1) Aspect of right to be secure in one’s person – constitutional provision on the right of privacy implements the security of the citizen 2) Privacy of communication and correspondence Limitations on the right of privacy of communictions 1) Permissible interference – allowed interfering on privacy Conditions: a) Upon lawful order of the court b) Public safety or order requires otherwise as prescribed by law 2) Intervention of the court First limitation: issued search warrant Second limitation: right is subject to the police power of the State Evidence illegally obtained 1) Inadmissible – in any proceeding, judicial or administrative 2) Reason – exclusion is the only practical way of enforcing the constitutional guarantees 3) Right of owner – owner of evidence obtained illegally has a right to seize the articles Writ of habeas corpus – the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment Purpose of the writ – completes the legal armory and remedy of a citizen against violations * Secures the privacy of an individual How writ operates – served upon the respondent who shall file an answer under oath with supporting affidavit (affidavit – a sworn statement in writing made especially under oath or on affirmation before an authorized magistrate or officer) Sec 4. No law shall be passed depriving freedom of speech Freedom of speech, of expression, and of the press – right to freely utter and publish whatever one pleases without previous restraint Scope of terms â€Å"speech†, â€Å"expression† and â€Å"press† 1) Speech and expression – oral utterances such as protests as expression of opinion about subjects of public concern 2) Press – every sort of publications Importance of the guarantee 1) Promotes growth of the individual and the nation – freedom of speech should be protected by the State 2) Makes possible, scrutiny of acts and conduct of public officials – public opinion must be enlightened 3) Insures a responsive and popular government – people must be able to voice their sentiments and aspirations so that they may become active participants Freedom of expression not absolute 1) Subject to regulation by the State – in order for it to not be injurious 2) Subject one to liability when abused – any one who slanders another may be penalized Justification for abridgement of freedom of speech and of the press 1) Clear and present danger rule – a speech will likely lead to an evil scheme 2) Application of rule Right of assembly – right on the part of the citizens to meet peaceably for consultation in respect to public affairs Right of petition – right of any person to apply to the appropriate branch of the government for redress of grievances Relationship with freedom of speech and of the press 1) Complement of right of free speech 2) Application of clear and present danger rule Sec 5. No law shall be made respecting an establishment of religion Religious freedom – right of man to worship God Religion – all forms of belief in the existence of superior beings exercising power over human beings Aspects of religious freedom 1) Separation of church and state 2) Freedom of religious prefession and worship Freedom of religious profession and worship 1) Freedom to believe in a religion 2) Freedom to act in accordance with such belief Right to disseminate religious beliefs 1) Relationship with right to believe – right to disseminate religious beliefs and information 2) Justification for restraint of right License fee or tax on sale of religious articles 1) Permission or condition for exercise of right 2) Imposition of financial burden after exercise of right Religious test prohibited 1) Meaning of terms a) Religious test – one demanding the affirmation or contradiction of certain religious beliefs before the performance of any act b) ‘civil’ or ‘political’ rights including the individual rights 2) Reason for provision – without prohibition, religious freedom becomes meaningless Sec 6. Liberty of abode and travel * Right of a person to have his home in whatever place chosen by him Limitations on the right 1) Permissible interference – lawmaking body may provide observance of curfew ours, commitment of mentally deranged persons to a mental institutions, confinement to a hospital, arrest and detention of the accused 2) Intervention of the court – a court order is not necessary Sec 7. Right of the people to information on matters of public concern shall be recognized 1) Access to official records for exercise of right 2) Arguments in support of right a) The sovereign people have the right of access to records of their government b) Enable the people to participate more effectively in governmental affairs c) It will make denunciation of government more factual, responsible, effective d) Provide a deterrent to the commission of venalities e) Reduce public suspicion of officials 3) Constitutionality or validity of implementing law Scope of the right 1) The right embraces all public records 2) It is limited to citizens only 3) Its exercise is subject to such limitations as may be provided by law Limitations on the right 1) Public records excepted – public records are declared confidential 2) Burden on government to justify withholding of information – healthy balance between the need to afford protection to vital secrets and safeguarding the basic right of the people Sec 8. Right to form associations – freedom to organize any group Purposes of the guarantee 1) Encourage the formation of voluntary associations 2) The needs of the social body seek satisfaction in one form or the other Limitation on the right – depriving of forming a group when it shows imminent danger Sec 9. Private property shall not be taken for public use without just compensation Essential or inherent powers of government 1) Totality of government power – contained in 3 great powers (power of eminent domain, police power, and power of taxation) 2) Similarities Eminent domain – right of the State to take private property for public use upon paying to the owner a just compensation Conditions for or limitations upon its exercise 1) Existence of public use – beneficially employed for the community 2) Payment of just compensation 3) Observance of due process of law in the taking Meaning of ‘taking’ 1) Actual physical seizure not essential – physical seizure or appropriation of the property, and destruction or impairment 2) The ‘taking’ must be direct Police power – power of the State to enact such laws in relation to persons and property as may promote public health†¦and convenience of the people Basis of police power – ‘the welfare of the people is the supreme law, so use your own as not to injure another’s property’ Illustrations of police power laws 1) Public health – medical profession 2) Public morals – punishing vagrancy and prostitution 3) Public safety – requiring a license for the right to drive motor vehicles 4) General welfare and convenience – requiring compulsory registration of lands Taxation – power of the State to impose charge or burden upon persons and property for the use and support of the government Theory and basis of taxation 1) Power: Government cannot continue without means to pay its existence, it has right to compel citizens and property within its limits to contribute 2) Basis: Protection and support between the State and its inhabitants Taxes – enforced proportional contributions from persons and property; financial burdens or charges imposed by the government Distinction among the three powers 1) As to authority which exercises the power – taxation and police power: government Eminent domain: public service companies 2) As to purpose – taxation: support for government Eminent domain: for public use Police power: purpose of promoting the general welfare 3) As to effect – taxation: money -> public funds Eminent domain: right -> property Police power: no such transfer 4) As to persons affected – taxation and police power: community Eminent domain: individual 5) As to benefits received – taxation: receives equivalent tax in the form of benefits Eminent domain: compensation Police power: compensation is not immediate Sec 10. No law impairing the obligation of contracts shall be passed Obligation of a contract – law which binds the parties to perform their agreement according to its terms Law – includes executive and administrative orders of the President Contract – obligation of which is secured against impairment under the Constitution Purpose of non-impairment prohibition 1) Protect creditors, to assure the fulfilment of lawful promises, and to guard the integrity of contractual obligations Sec15. Writ of habeas corpus shall not be suspended except in cases of invasion How writ operates Privilege of the writ – further order from the court to release an individual if it finds his detention without legal cause or authority

Thursday, January 2, 2020

H-Dropping Definition and Examples in Pronunciation

In English grammar, h-dropping is a  type of elision marked by the omission of the initial /h/ sound in words such as happy, hotel, and honor. Also called the dropped aitch. H-dropping is common in many dialects of British English. Examples and Observations Charles DickensI am well aware that I am the umblest person going, said Uriah Heep, modestly; let the other be where he may. My mother is likewise a very umble person.Gilbert CannanHe beamed as he had never beamed, even on his stepmother.My word, she said, but you ave grown.David did not wince at the dropped aitch.St. Greer John ErvineI dont do much reading myself, he said. Dont ave the time. I was overwhelmed at the dropped aitch. Such mutilation of language was becoming, no doubt, in a grocer or an insurance agent, or some such clod, but utterly improper in one who handled books.Robert HichensRobin opened the door, went straight up to the very dark and very thin man whom he saw sitting by the fire, and, staring at this man with intensity, lifted up his face, at the same time saying:Ullo, Fa!There was a dropped aitch for which nurse, who was very choice in her English, would undoubtedly have rebuked him had she been present. Dropping Ones Aitches in England John EdwardsWriting in 1873, Thomas Kington-Oliphant referred to h as the fatal letter: dropping it was a hideous barbarism. A century later, the phonetician John Wells wrote that dropping ones aitches had become the single most powerful pronunciation shibboleth in England--a ready marker of social difference, a symbol of the social divide, as Lynda Mugglestone added. In My Fair Lady, Eliza Doolittle described the weather in three English counties: in artford, ereford and ampshire, urricanes ardly ever appen (artford Hertford, generally pronounced as Hartford). Indeed, Cockneys and others on the wrong side of the divide persist in omitting the h where it ought to appear, and sometimes inserting it where it shouldnt (bring the heggs into the ouse, would you?). Attempting to remedy these errors, speakers may occasionally make embarrassing hypercorrections: pronouncing heir as if it were hair or hare, for example.Ulrike Altendorf and Dominic WattLondon and Southeastern accents have soc iolinguistically variable H dropping (see Tollfree 1999: 172-174). The zero form tends to be avoided by middle-class speakers, except in contexts in which H dropping is licensed in virtually all British accents (in unstressed pronouns and verbs such as his, her, him, have, had, etc.).Graeme Trousdale[M]any speakers in the south-east [of England] are abandoning H-dropping: evidence from Milton Keynes and Reading (Williams and Kerswill 1999), and particularly from ethnic minority groups in working-class areas of inner London, suggests that (h):[h] variants are more frequently attested in contemporary urban southern British English. The Most Contentious Letter in the Alphabet Michael RosenPerhaps the letter H was doomed from the start: given that the sound we associate with H is so slight (a little outbreath), there has been debated since at least AD 500 whether it was a true letter or not. In England, the most up-to-date research suggests that some 13th-century dialects were h-dropping, but by the time elocution experts came along in the 18th century, they were pointing out what a crime it is. And then received wisdom shifted, again: by 1858, if I wanted to speak correctly, I should have said erb, ospital and umble.The world is full of people laying down the law about the correct choice: is it a hotel or an otel; is it a historian or an historian? There is no single correct version. You choose. We have no academy to rule on these matters and, even if we did, it would have only marginal effect. When people object to the way others speak, it rarely has any linguistic logic. It is nearly always because of the way that a particular linguistic feature is seen as belonging to a cluster of disliked social features. Dropped Aitches in Words Beginning With Wh- R.L. TraskIn the nineteenth century, the aitches began to disappear from all the words beginning with hw- (spelled wh-, of course), at least in England. Today even the most careful speakers in England pronounce which just like witch, whales just like Wales, and whine just like wine. There is still, however, a kind of dim folk memory that the pronunciation with h is more elegant, and I believe there are still a few teachers of elocution in England who try to teach their clients to say hwich and hwales, but such pronunciations are now a quaint affectation in England. Dropped Aitches in American English James J. KilpatrickThe ear is likely to deceive us in this matter of aspirates. The rule in American English is that there is practically no such thing as a dropped aitch. William and Mary Morris, whose authority merits respect, say that only five words with a silent aitch remain in American English: heir, honest, hour, honor, herb, and their derivatives. To that list I might add humble, but its a close call. Some of my revisionist friends would rewrite The Book of Common Prayer so that we would confess our sins with a humble and contrite heart. To my ear, an humble is better. . . . But my ear is an inconstant ear. I would write about a hotel and a happening. John Irving, it follows, wrote an hilarious novel about a hotel in New Hampshire.