Assimilation Challenge-Free-Samples for Students-Myassignement

Question: Talk about the Challenges when making a progress from school to the Clinical Field. Answer: Presentation New alumni nurture for the most part face difficulties while experiencing a progress from the college to the clinical practice. As an alumni nurture, I have likewise confronted a great deal of difficulties in the wake of graduating as I attempt to fit in the nursing group that is as of now working. One significant issue that I have confronted is that of absorption. It is hard for me to fit in the group of the medical caretakers who are not new in the field like me. It gets hard for them to oblige me in their group since they feel that am not as experienced as they seem to be. As I fill in as another alumni nurture, there is a period I will be required to move the work, work in another condition and furthermore function as a group. In Australia, all together for an individual to make a change from school into a rehearsing medical attendant, a great deal of help is required. Be that as it may, the training gets hard for me in light of the fact that there is no help from the colleagues who see as though I am not enough prepared to fill in as an attendant. The difficulties Involved As a rule, I need to oversee tranquilizes all alone in zones where we were required to do it as a gathering. The activity causes me to neglect to do it appropriately. At different occasions, they have to oblige me in the gathering with the goal that I can do realize what they do as we practice together. The group of medical attendants who have more understanding than me regularly maintain a strategic distance from me since I am a new alumni. The medical attendants cause me to get debilitated in my line of obligation since they give me that am not learned enough to deal with what they can deal with. The activity brings down my soul as I endeavor to get fused in the nursing condition with the goal that I can get beneficial in the field. The issue likewise makes me need trust in work since I dread I may do things in incorrectly. Different medical attendants with the experience try not to help me in the field since they as of now focus on their own work (Del Catalano, 2015). Some of them are narrow minded and they feel that I will burn through their time as they attempt to help me. The activity turns out to be extremely trying for me. Since am new practically speaking, I some of the time endure pressure and passionate issues at the work environment. Different medical attendants who are prepared regularly don't have the opportunity to give me enthusiastic help since they feel that it is an exercise in futility. The activity of being sidelined likewise influences my confidence as I need to feel low while at the work environment. It likewise influences my dedication to work since I may not be extremely dedicated to work in regions where I don't know about. The coordinated effort between the certified and graduate medical attendants is fundamental in the nursing field to guarantee that there is regard, backing and trust among people in the nursing field (Zerwekh Garneau, 2014) . The absence of help and inability to suit me in the group may prompt low endeavors of creation and neglecting to arrive at my objective. I once in a while experience issues choosing what to do in a given region of my calling since I don't have satisfactory help from my group. I have confronted this issue and have perceived how it is difficult for individuals to decline to suit others in their group. The other nursing experts may likewise acknowledge when the other prepared medical caretakers neglect to suit the new ones in the nursing practice (Polifko, 2010). The explanation is that they may see that there is something incorrectly among me and different individuals from the group. In any case, I have attempted to think of estimates that will assist different medical attendants with seeing the need of absorbing me in their gathering. Methodologies to help my own turn of events Since I find that leaving the calling isn't a choice, I need to discover the way to adapt in the nursing calling regardless of the test of not being acknowledged by different individuals from the group. I have chosen not to quit working however to buckle down in territories that I have been doled out with the goal that I may accomplish my objectives. Now and again I additionally join the prepared medical caretakers while doing different occupations that identify with the calling in any event, when I don't feel welcome in the spot. I work with them with the expectation that some time or another they will quit maintaining a strategic distance from me and treat me as one of them. I additionally attempt to persuade them that it is fundamental for them to attempt to show other who are new the best approach to follow. I make a solid effort to guarantee that I get the experience that is required for me to be treated as a prepared individual and not as a new alumni. One the prepared medical caretakers see me more in the field, they will figure out how to oblige me in the group as time advances. The issue of not being taken as a major aspect of the group is harming and may in some cases murder the spirit of an individual. I will likewise attempt to keep the test from winning in future by showing my colleagues the significance of being strong to their undeveloped companions. The activity will assist me with helping the ones who originate from universities without realizing where to begin. I will likewise prepare my associates in future to be accommodative of the new medical attendants who originate from different Universities and not to debilitate them asserting that they are not prepared (Yoder-Wise, 2014). I dislike the medical attendants who come after me to experience the damnation that I have experienced while in the nursing calling. I will be progressively committed in my work so I can pick up understanding and furthermore educate the other the significance of working with others in the group so the wellbeing establishment may accomplish the ideal results. It is important for all the medical attendants to function as a group paying little mind to the way that some are more experienced than others . Different examinations show the requirement for the accomplished medical caretakers to help the ones who are straight from school. The accomplished medical caretakers additionally need to know the advantages of pleasing the new alumni since they may likewise be helpful for them later on (Molinari Bushy, 2012). So as to address the issue, the wellbeing experts are additionally instructing the prepared attendants the significance with respect to cooperating and supporting the ones who are making a progress from school to the workplace. I am likewise attempting to take care of the issue by attempting to fix myself in a gathering of the medical attendants who don't have an issue obliging me. I attempt to search for a gathering of medical caretakers that can help me in zones where I need help. I work with the steady individuals in any event, when they are not many. Not all individuals can neglect to help me (Bowles, and Candela, 2005). There are some who attempt to show me methods of adap ting in the nursing calling and how I can turn into a good example. As another method of taking care of the issue of being sidelined by the colleagues, I had likewise advised the senior nursing experts to chat with my coworkers so they may join others in the group. I likewise disclosed to them that they have to illuminate them about the should be strong to other people. By sharing what am proceeding with my seniors, it will help take care of the difficult now and later on (Chang and Hancock, 2003). The bad habit need to stop in the nursing field later on with the goal that the new alumni may feel obliged in the calling. The medical caretakers are to get instructed about the significance of giving passionate and good help to the new alumni who join the nursing calling (Winfield et al, 2009). It is essential for the prepared attendants to function as guides to others instead of neglecting to suit them in the calling (Huston, 2014). The activity sets an extremely terrible model in the nursing field. I accept that conversing with the medical caretakers w ill assist them with adjusting their perspectives in transit that they treat me as well as different alumni who come after me. The wellbeing experts likewise show the prepared medical caretakers the significance of passionate help to the new alumni. The assistance would empower individuals like me to feel urged to work more enthusiastically so as to meet the necessary wellbeing results. End The new alumni medical caretakers face a ton of difficulties when making a progress from school to the clinical field. Now and then they need to adapt to troublesome issues all alone. One of the difficulties that I face in the nursing field is the disappointment of the train the prepared medical attendants to suit me. The issue causes me to feel disheartened since I can't figure out how to get fit in the workplace. In some cases I even get genuinely upset. I have endeavored to guarantee that I will have the experience that they have with the goal that they may quit rewarding me like a new alumni. I am likewise moving in the direction of killing the difficult now and later on. I imparted to the senior wellbeing experts to guarantee that I get help from them in regards to the issue. They will help me by conversing with the medical attendants about the issue of working with others. References Bowles, C. also, Candela, L., 2005. First professional adventures of ongoing RN graduates: improving the workplace. Diary of Nursing Administration, 35(3), pp.130-137 Chang, E. also, Hancock, K., 2003. Job pressure and job equivocalness in new nursing graduates in Australia. Nursing wellbeing sciences, 5(2), pp.155-163 Del Catalano, J. T. 2015. Nursing currently!: Today's issues, tomorrow's patterns. Philadelphia, PA : F.A. Davis Company, Huston, C. J. 2014. Proficient issues in nursing: Challenges openings. Baltimore, MD ; Philadelphia, PA : Wolters Kluwer Health/Lippincott Williams Wilkins Molinari, D., Bushy, A. 2012, the provincial medical attendant: Transition to rehearse. New York, NY: Springer Publishing Company Polifko, K. A. 2010, The training condition of nursing: Issues patterns. Clifton Park, NY deface Cengage Learning. Robert Wood Johnson Foundation., Initiative on the Future of Nursing (Estats Units d'Ame?rica), Institute of Medicine (Estats Units d'Ame?rica), 2011, The Future of nursing: Leading change, propelling wellbeing. Washington, D.C: National Academies Press. Santucci, J., 2004. Encouraging the change into nursing practice: ideas and methodologies for tutoring new alumni, Journal for Nurses in Professional Development, 20(6), pp.274-284 Ulrich, B., Krozek, C., Early, S., Ashlock, C.H., Africa, L.M. what's more, Carman,

Child centered educstion

The idea of kid focused training suggests that the youngster involves the focal spot in the instructive procedure. The old idea of training underscored the significance of the educator who consistently stayed at the giving end. The advanced idea of training gives the pride of spot to the youngster and spots him at the inside stage. Limits, Needs and Interests of Child: As noted above, in youngster focused instruction, the kid is the focal point of activity.This implies, all projects are equipped to his prerequisites. In the Dictionary of Education, Prof. P. M. Lohithakshan expounds the idea of kid focused instruction by saying that in this kind of training â€Å"educational exercises are structured and executed based on the limits, needs and interests of youngsters. Educational plans, showing techniques, assessment, co-curricular exercises, and so forth are totally arranged in like manner. † In the expressions of Prof. G. L.Arora, â€Å"Child-focused training implies that for the rganisation of various procedures of instruction, kid's perspective his needs, interests and aptitudes ought to get priority over the teacher's, educational program engineer's or evaluator's perspective. † Educational projects significant to Children. In kid focused training, instructive projects make learning all the more fascinating and significant to youngsters. Youngsters dynamic members In kid focused instruction, kids become dynamic members in the educating learning process. They get abundant open doors for dynamic learning, social nteraction, critical thinking and inventive work in the classroom†, says Prof. Lohithakshan. Provides food for singular contrasts Child-focused training cooks for singular contrasts. Brain science and experience discloses to us that youngsters vary in their intrinsic limits. In this way, youngster focused instruction forces the educator to design his instructive strategies to suit singular contrasts. This implies, an instructor can' t utilize a specific technique without thinking about the n s and necessities ot children.Child's fair improvement Child-focused training prompts adjusted advancement of the youngster's possibilities and his character. This outcomes from fulfillment of essential needs of youngsters. Summarizing: To summarize, the idea of kid focused training is â€Å"based on the suspicion such person's reality is independent and independent . That the individual is the end and not the methods. As per this view, social organizations exist just to improve the individual life, more extravagant and more joyful. † Child-focused training satisfies this strategic.

Morton, Oliver Perry

Morton, Oliver Perry Morton, Oliver Perry, 1823â€"77, American political leader, b. Salisbury, Ind. He was admitted (1847) to the bar and began practice in Centerville, Ind. Morton helped organize the Republican party in Indiana and was its unsuccessful candidate for governor in 1856. When Gov. Henry S. Lane went to the Senate in 1861, Morton, as lieutenant governor, succeeded him; he was elected to the office in his own right in 1864. Despite having to contend with a hostile Democratic legislature for part of his tenure, he was one of the ablest of the Civil War governors and a strong supporter of President Lincoln. In 1867 he resigned to enter the Senate, where he served till his death. There, as one of the leading radical Republicans, he fostered uncompromising Reconstruction legislation and was prominent in the impeachment of President Andrew Johnson. He was a member of the electoral commission in the disputed presidential contest of 1876. See biography by W. D. Foulke (1899, repr. 1974); W. B. He sseltine, Lincoln and the War Governors (1948). The Columbia Electronic Encyclopedia, 6th ed. Copyright © 2012, Columbia University Press. All rights reserved. See more Encyclopedia articles on: U.S. History: Biographies

What Makes Effective Counseling - 1618 Words

As a first year graduate student, I am thankful to have already learned many of the necessary values and skills needed in order to practice counseling effectively. While there are numerous aspects used to determine what makes effective counseling, in the case of counselors, three of the most important aspects I have learned to date would be the following: the proper use of one theoretical approach, a complete understanding of the therapeutic process, and a complete understanding of one’s needs and values as not only a counselor, but as a person. Allow me to further explain my views in the following paragraphs. In order for a counselor to successfully help a client, I believe that it is important for the counselor to first adopt and become very knowledgeable in one of the major theoretical approaches. Using myself as an example, even though I am not yet a counselor, I have already decided to take on the humanistic approach (or person-centered approach, as it is also called) of psychologist Carl Rogers. As a counselor, it is important for one to choose a theoretical approach that they feel most comfortable with; I have chosen this approach because I agree most with its characteristics and believe that it more or less fits my personality. The goal of Rogers’ person-centered approach is to provide clients with an opportunity to develop a sense of self where they can realize how their attitudes, feelings and behavior are being negatively affected (Cepeda Show MoreRelatedEffective Counseling1313 Words   |  6 Pagesiove couse Personal and Professional Qualities for an Effective Counselor By {Author} {Institution} Abstract This research paper discusses the qualities that are necessary for an effective counseling and as such any counselor considered effective must posses them. The paper has a separate discussion of both personal and professional qualities required for any good counselorRead MoreEffective Counseling1328 Words   |  6 Pagesiove couse Personal and Professional Qualities for an Effective Counselor By {Author} {Institution} Abstract This research paper discusses the qualities that are necessary for an effective counseling and as such any counselor considered effective must posses them. The paper has a separate discussion of both personal and professional qualities required for any good counselor. The personal qualities form a larger part of theRead MoreThe Education Commission (1964-66), While Lamenting On1430 Words   |  6 Pagesand counseling including vocational placement, among student services. It stressed ‘guidance and counseling programme which would assist the students in the choice of courses, indicate the links of remedial action and help in dealing with emotional and psychological problems, should be an integral part of the educational facilities provided in institutions of higher education’. Guidance and counseling have three-fold functions: adjustment, orientation and development. Guidance and counseling areRead MoreCounselor Beware Of Ethical Sovencies1260 Words   |  6 Pagesperceived when an individual has chosen counseling as a career. People tend to ask, â€Å"why do you want to deal with other people’s setbacks. There are those that choose the career of being a counselor that maintain a sense of compassion for others, while maintaining the professional guidelines of ethics. Effective counseling is a two-way street. It takes a cooperative effort by both the person receiving counseling and the counselor. And it takes a commitment to make sometimes difficult changes in behaviorRead MoreEssay Characteristics and Behaviors of Effective Counseling1190 Words   |  5 Pages Characteristics and Behaviors of Effective Counseling Characteristics and Behaviors of Effective Counseling In order for the counseling process to be effective for the client the characteristics and behaviors of the mental health counselor must be effective. To be an effective mental health counselor the process must include both the art and science of helping clients when they struggle. This paper will address both effective and ineffective characteristics of the given transcriptRead MoreChristian Counseling: An Overview1470 Words   |  6 PagesBiblical Counseling is making a strong impact in todays churches and community. Counseling is seen as one of the most productive ways of helping a person reach the inner side of themselves to help solve any problems that might be arising. Furthermore, when it comes to being a counselor, not something that should be taken for granted. We are all born of sin, but we have been saved through the grace of Jesus Christ. Not everyone bless to be a counselor, but Dr. Crabbs biblical teaching in ChristianRead MoreCounseling Assessment, Interventions And Results And Follow Up882 Words   |  4 PagesCounselors keep notes to document their counseling assessment, interventions and results and follow-up. Case notes are a memory aid used during a counseling session to record the conversation for consultation or to help facilitate referrals (Jacobs Schimmel, 2013). It’s effective documentation used by the counselors to counsel, protect confidentiality, implement standard of treatment, utilizing appropriate interventions, describing the results of these interventions and documenting the dispositionRead MoreCompetence in Counseling Essay1574 Words   |  7 PagesRunning head: Counseling A Comprehensive Profession Aspects Of Counseling Tearia Hill William Carey University Aspects of Counseling Abstract Counseling is the professional guidance in resolving personal conflicts and emotional problems. It is advice, opinion, or instruction given in direction the judgment or conduct of another. Knowing how to posses personal qualities such as maturity, empathy, warmth, understanding, and knowledge. From a legal stand point ethics, morality, and law mustRead MoreEffective Biblical Counseling : A Model For Helping Caring Christians Become Capable Counselors By Crabb Essay1748 Words   |  7 PagesUniversity PACO 507 Andrew Reitenauer Crabb Comparison Paper September 11, 2016 ABSTRACT In this paper, the student-writer will discuss the methods that are taught in In Effective biblical counseling: A model for helping caring Christians become capable counselors by Crabb (1977). The student-writer will also use what is taught in this book with the skills that are expressed in Creating a Healthier Church; Family Systems Theory, Leadership, and congregational life by Richardson (1996) and BlessedRead MoreEssay on Traits of an Effective Counselor1065 Words   |  5 Pagesempathy. I believe the session was effective because the client and the counselor worked together with re-evaluating how the client was going to improve his circumstances. In this case study, the counselor establishes a good relationship and empathy with the client, which allows him to be completely honest about his thoughts and feelings. The counselor assesses continually the relationship between what is going on in the client’s life, in the session. An effective counselor can help pinpoint th e obstacles

Film Analysis The Notebook Essay - 1109 Words

Film Analysis Throughout the movie, The Notebook, there were many different aspects that corresponded with the material learned throughout the semester. There were times were you were able to pin point why each problem was faced based on different character backgrounds. As began to watch the movie, you start to understand the culture aspects of each individual by the way they talk and present themselves, which caused many situations to arise. Also, these many situations arise throughout the movie that affected the outcome of decisions made: biological, psychological, and social/environment. However, diversity played a magnificent role from the beginning to the end. So, therefore, throughout this paper you will have a better understanding of the analysis of this film, which should provide information about the movie. Brief Description While watching the movie, there were many characters that played a magnificent role: Noah Calhoun, Allison â€Å"Allie† Hamilton, Fin and Sarah, Lon Hammond, Jr., Ann Hamilton, Frank Calhoun, John Hamilton, and Anne’s ex boyfriend. During the beginning of the movie, Duke, an elderly man, began to read a story to a elderly women named Allie. Allie had dementia and Duke (Noah) was determined to regain her memory of their love and life together. The story began where they first met each other; Noah saw Allie on the Farris wheel and knew she was the one. He jumped on the Farris wheel while it was still in motion and begged Allie on a date till sheShow MoreRelatedOlder Adult: The Notebook and Fried Green Tomatoes Film Analysis2202 Words   |  9 PagesOlder Adult: Film Analysis The Notebook The beginning of The Notebook opens with the gentleman, Noah in a nursing home facility. We soon learn that he is living at the facility to be close to his wife, Allie who has Alzheimer’s. 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Britian during the First World War and The Social and Welfare Free Essays

First World War How did women contribute to the war effort? Suffragist and suffragette member took men’s places In Jobs when the men went overseas to fight. Hundreds and thousands of women were employed In munitions factories, in the transport system (conductors on buses and trams), employed as laborers on farms, as nurses and in offices a secretaries and receptionists. This was a crucial part of the war effort as it kept the country going. We will write a custom essay sample on Britian during the First World War and The Social and Welfare or any similar topic only for you Order Now How were civilians affected by the war? During the war the government: Rationed food Civilian land was taken over by the government for food production diluted so people wouldn’t get drunk British summertime was also introduced Beer was This was all under the Jurisdiction of the Defense of Realms Act (DORA) which was Introduced by the government In 1914. British summertime was Introduced so there were longer hours meaning that people could work for longer. Under DORA people could not discuss military affairs. How effective was Government propaganda during the war? A form of censorship was adopted in war time Britain, the government only allowed retain things in newspapers to be printed. Soldier’s letters from the front were also censored. Posters were published to encourage the civilian morale. What was the attitude of the British people at the end of the war towards Germany and the Paris peace conference? During the war there were millions of deaths of soldiers on the front, and many permanently maimed by the war. The civilians were angry and wanted Germany to pay: a headline from a newspaper was ‘make Germany pay. British Depth study: social and welfare reform What were working and living conditions like for the poor in the 1 sass? Pollution: there was a large amount of pollution in cities due to the amount of coal burnt Overcrowding: large amounts of people were moving into cities to find Jobs, low wages and high rents meant families found the smallest places to live Disease: there were major epidemics all around London due to overcrowding, low standard housing and poor quality water supplies Waste disposal: litter filled the streets along with horse manure. Human waste flowed into sewers and then Into the rivers. The free school meals were not compulsory but by the end of 1914 a large amount of he population were getting one good meal a day The pensions act meant that many of the elderly were kept out of the work house but it was refused to people who had never worked before Many of the Jobs that were in the exchange act were temporary or part time and the amount of Jobs available didn’t increased The national insurance act was a good safety net for people who had fallen ill or were unemployed however they had to pay money out of their wages and wasn’t enough for the whole family to live on Free medical treatment was only available to the wage earner How to cite Britian during the First World War and The Social and Welfare, Essays

Suicide Solution Essays (555 words) - Suicide, Assisted Suicide

Suicide Solution I'm about to take up a position which is going to be deamed by some, if not all, as a terrible stand to take. As a matter of fact, if anyone were to agree with me on ths subject, I'd be surprsed. For you see, rather than arguing from the postion of suicide being an unjustified and inane way to die, I shall argue the other point. That being suicide does have its merits. Before you people start screaming, hear my case out. Most people argue that nothing justifies the taking of someone's life. Yet what makes life so valuable? Why do people cling to it so? All we consist of is a bunch of carbon atoms, bound together to form an exoskeleton, organs, and tissue. In this light, there really is not much to life. Out of the 5 billion who inhabit the planet, very few of them shall emerge to be true world leaders. The rest will just lead a mediocre life of work and little play. The taking of ones life can be argued from a populistic view as well. It makes little sense to preserve life in an over populated world. True, one less person here on there will not make a large dent. Yet if everyone who attempts or had attempted suicide were not stopped, the impact would be noticed. Another popular argument for stoppers, people who want to prevent suicide, is that nothing can be bad enough. Yet how do they know this? They do not have to put up with the same stuff the suicide victim does everyday. How could they possibly know what the potential suicide victim feels. Just as a severely burned victim may wish to be allowed to die in peace, the suicide victim wishes the same. To die in peace with no argument from others. The argument of "look at the people you will hurt" also does not hold. Imidiate family members will be the only ones to suffer any great pain. Friends will go on with thier lives and in time forget about the death. Imidiate family too will forget the loss in time. Although it will take most considerably longer for them than it will for friends. Finaly, the argument of suicide being selfish is hard to grasp. Selfish in whose eyes? Certainly not the eyes of the victim. To them, they consider it selfish of others to try and preserve their life. Again, the argument of the stoppers don't know what the victim has to go through. They are not the ones enduring the pain. Religious people also crop up into the debate. Catholics claim that for someone to committ suicide sneds their soul straight to Hell. In many religions, suicide is considered taboo. However why is this so? Why should it be looked upon as disgraceful, when some religions claim death the be the reward for people after their time on earth is done. Suicide is an issue which should be examined at by all angles. Not just from the angle that it is "wrong". End of debate. Rather it should be looked at from the point of view that "yes" for some people, they should be allowed to die in peace.

Exbibit A, Take Two essays

Exbibit A, Take Two essays "The most pacifistic people in the world said they came out of this movie and wanted to kill somebody" One can only assume Oliver Stone has come to regret the comment he made to the New York Times in 1996, concerning his controversial film Natural Born Killers. Currently, it has been implicated in over a dozen murders. There were the young French lovers, Parisian suburbanites who led police on a car chase, resulting in five deaths. Of course, there were murders stateside as well. A teenaged Texan accused of decapitating a 13-year old girl. A Georgia youth who allegedly murdered an 82-year Floridian with a shotgun and shouted, Im a natural born killer to the television cameras. Then there was the homicidal Utah teen who went so far as to mimic Natural Born Killers antihero Mickey Knoxs sartorical style, complete with tinted granny-style sunglasses and shaven skull. None of these, however, has received the same press as the tale of Sarah Edmondson and Benjamin Darras, a couple who spent the evening of March 5, 1995 dropping acid and watching the film repeatedly. Nineteen and eighteen years old, respectively, the two went for a lengthy drive the next morning in Edmondsons Nissan Maxima, making two stops with intent to murder. On the first occasion, they succeeded; Darras shot Bill Savage, a Mississippi businessman, twice in the head and left with Savages wallet. The next day, it was Edmondsons turn. After entering a Poncharoula, Louisiana convenience store, Edmondson fired a poorly aimed shot into clerk Patsy Byers, paralyzing her. Having forgotten to rob the store, Edmondson returned to steal from the cash register. Stepping over the bleeding Byers, Edmondson remarked, poor old thing, youre not dead yet. In fact, Byers did not die for several more years, and before she succumbed to cancer, she and her family filed lawsuits against Warner Bros., the studio that ...

How the HUD Anti-Flipping Rule Protects Homebuyers

How the HUD Anti-Flipping Rule Protects Homebuyers In May 2003, the U.S. Department of Housing and Urban Development (HUD) issued a federal regulation intended to protect potential homebuyers from potentially predatory lending practices associated with the process of flipping home mortgages insured by the Federal Housing Administration (FHA). Thanks to the rule, homebuyers can â€Å"feel confident that they are protected from unscrupulous practices,† said then-HUD Secretary Mel Martinez. â€Å"This final rule represents a major step in our efforts to eliminate predatory lending practices,† he said in a press release. In essence, â€Å"flipping† is a type of real estate investment strategy in which an investor buys houses or property with the sole intent of reselling them for a profit. The investor’s profit is generated through increased future sale prices that occur as a result of a rising housing market, renovations and capital improvements made to the property, or both. Investors who employ the flipping strategy risk financial losses due to price depreciation during declines in the housing market. Home flipping becomes an abusive practice when a property is resold for a large profit at an artificially inflated price immediately after being acquired by the seller with little or no appreciable improvements to the property.  According to HUD, the predatory lending happens when unsuspecting homebuyers either pay a price far higher than its fair market value or commit to a mortgage at unjustly inflated interest rates, closing costs or both. Not to Be Confused With Legal Flipping The term â€Å"flipping† in this instance should not be confused with the completely legal and ethical practice of buying a financially distressed or rundown home, making extensive â€Å"sweat equity† improvements in order to truly raise its fair market value, and then selling it for a profit. What the Rule Does Under HUD’s regulation, FR-4615 Prohibition of Property Flipping in HUDs Single Family Mortgage Insurance Programs,† recently flipped homes are not allowed to qualify for FHA mortgage insurance. In addition, it allows FHA to require persons attempting to sell flipped homes to provide additional documentation proving that the home’s appraised fair market value had truly increased significantly. In other words, prove that their profit from the sale is justified. Key Provisions of the Rule Sale by Owner of Record Only the owner of record may sell a home to an individual who will obtain FHA mortgage insurance for the loan; it may not involve any sale or assignment of the sales contract, a procedure often observed when the homebuyer is determined to have been a victim of predatory practices. Time Restrictions on Resales Resales occurring 90 days or less following acquisition will not be eligible for a mortgage to be insured by FHA. FHAs analysis disclosed that among the most egregious examples of predatory lending was on flips that occurred within a very brief time span, often within days. Thus, the quick flips will be eliminated.Resales occurring between 91 and 180 days will be eligible provided that the lender obtains an additional appraisal from an independent appraiser based on a resale percentage threshold established by FHA; this threshold would be relatively high so as to not adversely affect legitimate rehabilitation efforts but still deter unscrupulous sellers, lenders, and appraisers from attempting to flip properties and defraud homebuyers. Lenders may also prove that the increased value is the result of rehabilitation of the property.Resales occurring between 90 days and one year will be subject to a requirement that the lender obtains additional documentation to support the value to add ress circumstances or locations where HUD identifies property flipping as a problem. This authority would supersede the higher expected threshold established for the above-mentioned 90 to 180 day period and will be invoked when FHA determines that substantial abuse may be occurring in a particular locality. Exceptions to the Anti-Flipping Rule The FHA will allow waivers to the property flipping restrictions for: properties acquired by an employer or relocation agency in connection with the relocation of an employee;resales of foreclosed, bank-owned property by HUD under its real estate owned (REO) program;sales of property by other U.S. government agencies;sales of properties by nonprofit organizations approved by HUD to buy single-family properties at a discount with resale restrictions;sales of properties that are acquired by the seller by inheritance;sales of properties by state and federally-chartered financial institutions and Government-Sponsored Enterprises;sales of properties by local and state government agencies; andsales of properties within Presidentially Declared Major Disaster Areas (PDMDA), only upon issuance of a notice of an exception from HUD. The above restrictions do not apply to builders selling a newly built house or building a house for a borrower planning to use FHA-insured financing.

Medicaid Essay Example | Topics and Well Written Essays - 500 words

Medicaid - Essay Example These seven conditions didn’t apply to senior executive branch officials, members of Congress, members of the armed forces, or members of the judiciary. The complaint had to be sealed, served on the Government, not on the defendant, and be accompanied by a list of proof for the claim. However, amendments in 1986 significantly sharpened the focus to include protection for employees who filed claims, more compensation for whistleblowers, and more liability for those who were a part of the fraud process. There were even tighter restrictions added in 2009. Through this method, the government has been able to reclaim more than $22 billion from 1987 through 2008. There have been significant recoveries of tax money through the FCA with regards to selling unlicensed pharmaceuticals to Medicaid by big pharma companies. The burden for monitoring this rests with the individual states. In 2007, section 1909b of the Social Security Act requires the OIG (Office of Inspector General) to work with the Attorney General of the U.S. to meet certain requirements in an effort to eradicate Medicaid fraud; that State’s percentage of the Social Security funding depends on reporting and facilitating the location of fraud.

What are the global implications of the internationalization of news Essay - 1

What are the global implications of the internationalization of news - Essay Example Rather than having various crews for every medium, one converged operation of the media can use the same reporters and staff to come up with stories for television, internet mediums, and telecommunication. By combining each resource of the medium, this converged operation can enhance the quality of the news presented. This increases the satisfaction of the customers thus attracting a wider audience base (Kolodzy 2006, p. 66). The increased advancement in technology has enabled easy accessibility of news. For instance, an individual in a location can read about the events of another location of the globe by accessing various social media platforms. As a result, individuals do not have to sit in front of a television at all times if they need to learn about the current events of a location. The internet have come in handy to ensure that even the busiest individuals in the globe can learn about the happenings of a location of their choice in the event of their busy schedule. However, easy accessibility does not guarantee delivering of quality news. Some media stations may use this easy accessibility to exaggerate on the ongoing events of a location. This especially happens when an international news station reports about a situation in another location where the station is not located. For instance, the current Ebola situation in Africa has been so much exaggerated that most international tourists fear visiting any part of Africa. The situation is so bad that even the Africans in various states of the westernized nations are shunned. Moreover, convergence leads to information overload. Technology results into changes that leave individuals confused and suffering from information overload but under load of the substance that is passed through (Johnston 1998, p. 3). The convergence of news has resulted into the audience getting too much information which fails to help them at the end. The reason is that the content

How Important is the Encryption Debate? Essay -- Encryption Market Ess

How Important is the Encryption Debate? The encryption debate is intense and heated in certain circles, but is of no major concern to the vast majority of people in the United States. Most of the people I talk to regard its regulation to be of little consequence, or too complicated to take a position on. Indeed, the prevailing opinion I encounter is that is an area best left to the experts who understand its capabilities, uses and dangers. While no one really trusts the government, in the face of the sundry bogeymen evoked by law enforcement agents as a rationale for protecting the people, most people are hard pressed to stand up and speak of the inviolability of their privacy rights. How can I justify my concerns over personal privacy when faced with the specters of kidnappers, terrorists and drug lords? Why get worked up about it if you have nothing to hide anyway? Why insist to uphold seemingly inconsequential principles in the face of national security concerns? The reason is that the principles fostering this heated d ebate are some of the core principles that formed our nation. This nation was created by the will of revolutionaries who challenged the principles of government (or lack thereof) that was imposed upon the colonies. After fighting a bloody war to secure independence, the colonies were forged into a nation of states upon federalist principles. It was a government of limited powers and sovereignties that bore the stamp of the framers distrust of an over-centralized government. The Bill of Rights was added to further confirm those federalist principles and to ensure the rights of the people before their government. These rights are the cornerstones upon which the United States was built and has flourished. ... ...affic analysis that could be even more significant than census information. Where are the people going next? This is how the Government stays one step ahead, instead of trying to shape policy through polling us, it notes our patterns of choices and plans accordingly. What does free market encryption really give us in response? The power to communicate as freely as we did before technological advances undermined those abilities. The Fourth Amendment was designed to be a limitation on the power of government to intrude on the privacy of its citizens, not a grant of privilege to law enforcement. Much as the framers of the Constitution expected to be free from surveillance in their papers and communications, the power of encryption can help regain the balance. And once it does, maybe we will realize that we had more in common with Paine and Jefferson than we think.

Evidence Law

UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’, it has been said, is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae, a fact or opinion which is so closely associated in time, place and circumstances with some act or event which is in issue that it can be said to form a part of the same transaction as the act or event in issue, is itself admissible in evidence. The justification given for the reception of such evidence is the light that it sheds upon the act or event in issue: in its absence, the transaction in question may not be fully or truly understood and may even appear to be meaningless, inexplicable and unintelligible. The importance of the doctrine, for present purposes, is its provision for the admissibility of statements relating to the performance, occurrence or existence of some act, event or state of affairs which is in issue. Such statements may be received by way of exception to the hearsay rule. Res Gestae forms part of hearsay. R V. BEDINGFIELD [1879] Vol. 14 Cox C. C. 341 A girl was living with her boyfriend until the relationship turned sour. The boyfriend allegedly cut her throat. She managed to run out even with a cut hroat and managed to say ‘see what Harry (Bedingfield) has done to me’. In court the question arose as to whether this statement could be admitted in evidence. Lord Justice Cockburn was emphatic that it could not be admitted. He said that it was not part of the transaction, that it was said after the transaction was all over. (The transaction being the cutting of the throat) The Judge held that it was not admissible as part of the Res Gestae since it was som ething stated by her after it was all over. The girl said after it was all over. Under S. 33 of Law of Evidence Act, this would have been admitted. 33. Statements, written or oral, of admissible facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence or whose attendance cannot be procured, or whose attendance cannot be procured without an amount of delay or expense which in the circumstances of the case appears to the court unreasonable, are themselves admissible in the following cases— ) When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question and such statements are admissible whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes in question; R V. Premji Kurji [1940] E. A. C. A 58 In this case the accused was charged with murder, the deceased had been killed with a dagger and there was evidence that the accused had been found standing over the deceased body with a dagger dripping with blood. The prosecution adduced evidence that a few minutes before, the accused had been seen assaulting the deceased’s brother with a dagger and he had uttered words to the effect that ‘I have finished with you; I am now going to deal with your brother’. The question was whether this statement was admissible as forming part of the transaction. Is that part of the same transaction as the murder? Were the words uttered parts of the same transaction? It was held that they were part of the same transaction because when two acts of an accused person are so interwoven as to form part of the same transaction, it is not proper to shut out evidence of one of the acts even though it may involve introducing evidence of the commission of another offence. R V. RAMADHANI ISMAEL [1950] ZLR 100 A Girl was living in the village with her parents and she was allegedly raped by the accused. After the rape incident, she unlocked the door and ran over to her parents’ house, a few paces away from the accused’s house. She got hold of her father’s hand and took him to the accused house. She pointed to the accused person and said ‘daddy, this is the Bwana’ and the question was whether this statement was part of the transaction. The transaction here is rape, which is already finished by the time she goes to call her daddy. Is it admissible? The court held that it was not part of the transaction. The transaction was already over. Different courts have different conception of what forms part of the transaction. The court in this rape case adopted a conservative view of what formed the transaction. TEPPER V. R [1952] A. C 480 In that case there was a fire some place and a house was burning and the lady was heard to ask somebody who looked like the accused some minutes later ‘your house is burning and you are running away’ the question was whether this statement was part of the transaction as the fact in issue the fact in issue being Arson. It was held to be part of the transaction. R V. CHRISTIE 1914 AC 545 The accused was convicted of indecent assault on a boy. The boy gave un-sworn evidence in which he described the assault and identified the accused but made no reference to any previous identification. The House of Lords, by a majority of five to two, held that both the boy’s mother and a constable had been properly allowed to give evidence that shortly after the alleged act they saw the boy approach the accused, touch his sleeve and identify him by saying, ‘That is the man’. Evidence of the previous identification was admissible as evidence of the witness’s consistency, ‘to show that the witness was able to identify at the time’ and ‘to exclude the idea that the identification of the prisoner in the dock was an afterthought or mistake. THOMPSON V. TREVANION 1693 Skin L. R. 402 This case had to do with statements made by participants in or observers of events. Thus in this case it was decided that what a wife said immediately upon the hurt was received and before she had time to devise or contrive anything for her own advantage was held to be admissible in evidence. ALL THE ABOVE CASES HAVE SOMETHING TO DO WITH WHETHER THE STATEMENT IS PART OF THE FACT OF IN ISSUE. R V. RATTEN [1972] A. C 378 Ratten was charged with the murder of his wife. He offered the defence of accident. He said that he was cleaning his gun and it accidentally went off injuring his spouse. There was nobody else at the scene of crime or at the point where this incident occurred and the prosecution sought to tender evidence of a girl who worked with the telephone exchange who said that a call had had been made from the accused house at about the time of the murder. The girl said that the voice on the phone betrayed emotion, she was begging to have the police called over and before the operator could link the woman with the police the phone hang up on the woman side. The question was, was the statement by the telephone operator admissible as part of the transaction? Did it happen contemporaneously with the facts in issue? The court held that the evidence of the telephone operator was admissible and in explaining why the Privy Council explained that the important thing was not whether the words were part of the transaction. The important thing was whether the words were uttered during the drama. The court also said that the particular evidence of the operator contradicted the evidence which was to the effect that the only telephone call outside from his house during the murder was only a call for an ambulance. Section 7 â€Å"7. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened or which afforded an opportunity for their occurrence or transaction are relevant. † They will be those facts which will afford the opportunity to the facts in issue. The occasion may not be a fact in issue but it helps us understand the fact in issue or relevant facts. CAUSE/EFFECT John Makindi V. R EALR 327 The accused in this case was charged with the murder of a boy over whom he stood in loco parentis (foster father) to. In his defence the accused averred that the deceased was epileptic trying to explain away the injuries on the boy and how they may have occurred. Medical evidence showed that the boy had died due to severe bleeding in the head and a doctor testified that there were blood clots in the boy’s head which had opened causing a lot of blood to flow from the deceased’s head and therefore occasioning his death. The prosecution tendered evidence that the accused had previously beaten up this boy and had previously been convicted for beating up this boy and he had threatened the boy with further beatings on account of having been convicted. The question was whether evidence of previous beating was admissible. The court held yes that the evidence of previous beatings was admissible in the circumstances? Could the court admit the evidence of past beatings? The court held that the beatings of earlier beatings was dmissible because having taken the evidence of blood clots at the head, it was important to know the cause of the blood clots and the evidence of the previous beatings was admissible as a fact leading to the bleeding and ultimate death. The cause of things or relevant facts or facts in issue will be admitted to explain the cause of death. E. g. the opening of the blood clots and loss of lots of blood. The previous beatings showed us the cause and was thus admissible, so the cause of thi ngs and the cause of relevant issues will be admitted. They explain the cause of death like in this case. STATE OF AFFAIRS R V RABIN & ANOTHER [1947] Vol. 14 E. A. C. A 80 In this case there was a charge of corruption and the prosecution tried to lead evidence of a previous shady dealing in which the two persons whose conduct was in issue were involved. The question was whether the evidence was relevant. The court held that the evidence of the previous shady dealings was relevant because it gave the state of things under which the bribe was given. It explained the state of things in which the transaction occurred. The transaction which is the fact in issue. OPPORTUNITY R V Premji Kurji R. V. (1940) 7 E. A. C. A. 40 The case shows that the accused had opportunity to commit the murder. This case discusses Res Gestae. The deceased had been killed with a dagger, and evidence was admitted at the trial of the fact that just prior to the death of the deceased the accused had assaulted the deceased’s brother with a dagger and had uttered threats against the deceased. It was held that the accused had an opportunity, he had used the dagger only a few minutes before he used it to commit the murder. Section 8 8. Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. † Facts which relate to motive, preparation or conduct of any fact in issue will be relevant. Motive is that which makes a person do a particular thing or act in a particular way. For instance a person who is accused of rape may be motivated by lust or desire. A person who says they killed in self defence will be motivated by fear. Motive is what influences a person’s acts or conduct. For all voluntary acts, there will be a motivation and you need to look at a person’s conduct to explain away the motivation. Similarly any fact that would constitute preparation for a fact in issue is also going to be admissible. The planning or arranging means and measures necessary to commit an act or to do something. If it is a crime, it will be the type of measures one takes to help achieve the committing of that that crime. For example if you intend to steal there will be surveillance involved. Hiring implements required to commit the crime. Similarly any fact which shows the conduct of any party to the proceedings is relevant. Section 8 (4) 8. (4)The word â€Å"conduct† in this section does not include statements, unless those statements accompany and explain acts other than statements. † Statements are expressly excluded. You are not talking about statements but preparation. Under section 8 you are dealing with things that people do and not things that people do. If you want to bring in a statement, it would have to be associated with an act. Section 9 9. Facts necessary to explain or introduce a fact in issue or elevant fact, or which support or rebut an inference suggested by such a fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose. † Facts, which e xplain or introduce facts in issue, are relevant. It is only phraseology of Section 9 that differs from factors that have been explained in Section 6,7 and 8. 10. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. † The legislator is said to have been acting Ex Abundante Cautella. Out of an abundance of caution. This section deals with conspiracies. If there are reasonable grounds to believe that there is a conspiracy, then whatever is said or done by any person in reference to their common intention, after the time such intention was formed, is a relevant fact. What does a conspiracy entail? It is where people sit and agree and form a common intention to do something. Common intention is the defining factor of the conspiracy. It is relevant to prove 1. That it is a conspiracy; and 2. To prove that persons were parties to the conspiracy. R V. KANJI 1949 VOL 15 EALR 116 It is stated with reference to S. 10 that a person who joins a conspiracy in law is responsible in law for all the acts of his fellow conspirators done in furtherance of the conspiracy whether done before during or after his participation. It is only after common intention is established. STANLEY MUSINGA ET AL V. R [1951] 18 EACAR 211 Here the court said that â€Å"A person who joins a conspiracy is responsible in law for all the acts of his fellow-conspirators done in furtherance of the conspiracy, whether done before, during or after his participation. † The time when, by act or declaration, reference is made to the common intention is not important so long as it is after that time when the intention is first entertained by one of the conspirators. R V. MULJI JAMNADAS ETAL 1946 13 EACA 147. The defendants were charged with a conspiracy to effect a lawful purpose by unlawful means, in that they toured the neighbourhood in a lorry to recruit labour for the Company’s Sugar Works, and that acting together they did on a number of occasions compel persons by the use of force and threats of force to get into the lorry and submit to being carried away on it for labour at the Sugar Works. The defence argued that intimidating labour into employment was not an offence known to the criminal law of Uganda, and did not, therefore, constitute â€Å"unlawful means†. The Court noted, however, citing from ARCHBOLD, that a tort which is not a criminal offence is sufficient to satisfy the provision as to â€Å"unlawful means†, and upheld the convictions. Section 11 – Facts which are inconsistent with or which affect the probability of other facts. 11. Facts not otherwise relevant are relevant— a) if they are inconsistent with any fact in issue or relevant act; or b) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. What kind of facts are relevant S. 11 (b) is the epitome of all that is found relevant in a fact in issue. Read S. 5 along with S. 11. Section 12 12. In suits in which damages are claimed, any fact which will enable the court to de termine the amount of damages which ought to be awarded is relevant. † Section 12 – Deals with the facts which affect the quantum of damages. This Section is said to be a boon to ambulance chasers. E. g. contributory negligence your participation affects the amount of damages you receive. If the plaintiff in a civil suit claims damages as compensation for injuries suffered, the amount of damages which will compensate him naturally becomes a fact in issue. Evidence which helps the court to determine the amount of damages is relevant. The following cases show various types of facts which the courts have considered in reaching an assessment M’IBUI V. DYER [1967] E. A. 315 (K) â€Å"Wounding in course of arrest by private person on suspicion of felony. Psychological factors of malingering and â€Å"compensationists† taken into account, as well as aggravation of damages by element of injury to reputation. † MU WANI [1964] E. A. 171 (U)WANGA V. JI â€Å"The deceased was an African child and the court considered the amount of damages for the loss of service to the mother and grandparents, the father being deceased. † Section 13. Bf 13. Where the existence of any right or custom is in question, the following facts are relevant— a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; or b) particular instances, in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from. If what you have in issue is your right in custom, 13 (a) factors that show when customs were created, whether it is relevant and what kinds of arguments were made for the custom. Locus classicus) Relevance and admissibility SIMILAR FACTS EVIDENCE: The definition Similar facts evidence can only be led if there are similar facts to those under consideration. There has to be substantial connection or similarity of what the person did. The court has a number of questions should ask Is it relevant? Can the offence be proved without similar facts evidence? What othe r purpose does the evidence serve other than cause prejudice against the accused person? Section 14 and 15 deal with similar facts evidence. Section 14 and 15. 14. 1)Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. 15. (2)A fact relevant within the meaning of subsection (1) as showing the existence of a state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. 3)Where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of subsection (1), the previous conviction of such person is also relevant. 1. Can we infer that something was done by human beings because similar incidents have been occasioned by human beings in the past? Can we rule out natural occurrence when something happens because similar things have happened before? 2. Is it legitimate to infer that the accused person has committed the act under investigation merely because it is shown that he has done similar things in the past? It is notable that when you are dealing with similar facts, the general principle of law is that it is not legitimate to infer that an accused person committed a particular offence merely because he had committed a similar offence in the past. The reason is because; 1. Firstly there is the policy of consideration of fairness to the accused person. 2. Secondly similar facts evidence is evidence that can bring about a lot of prejudice to the accused person. The offence can be proved without the similar evidence; 3. Thirdly the burden that an accused person has when they come to court is that they have to be ready to defend their whole lives. Evidence of similar facts may be led if there is substantial connection between those similar incidents and the one in issue. You cannot lead evidence of fact just to show connection. There has to be substantial connection in similarity in what a person did. The court should ask whether 1. Evidence of similar fact is relevant; 2. There is a purpose that is served by the evidence other than to cause prejudice against the accused person. Evidence of similar fact helps to establish intention and it can also be used to rule out defence such as honest intention. Even then a Judge has discretion to keep away evidence of similar facts if it is prejudicial to the accused person. The locus classica on evidence of similar facts is Makin V. AG Makin and his wife were charged with murdering a child. It was shown that the child’s mortal remains were found buried in the garden of the Makins. There was no evidence that they had killed the child but there was evidence that the Makins had adopted this child from the parents. There was also evidence that the Makins had also adopted other children who were unrelated to this one. They were being paid after they adopted the children. There was also evidence that the children were never again seen by their parents after being adopted by the Makins. The investigators had found mortal remains of children in gardens of the houses that the Makins had lived in before. The question was, is this evidence of houses and backyards relevant in the trial for the murder of a specific murder. The evidence was admitted though there was not direct evidence to show that the Makins had actually killed the children. There was substantial connection between the activities of the adoption of the other children and the one under investigation. There was striking similarities between the cases and the Makins had the opportunity to murder the children but the evidence of their dealings with other children was taken into consideration because of the similarities that the investigators had found. In that case, 2 basic principles were established and reiterated in the case of John Makindi V. R. The Principles were as follows: 1. You cannot lead similar facts evidence merely to show the accused disposition to commit an offence. Lord Herschell states as follows â€Å"It is undoubtedly not competent for the prosecution to adduce evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct/character to have committed the offence for which he is being tried. † Disposition should not be motivation for leading similar facts evidence. . On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it inadmissible if it be relevant to an issue before the jury and it may be so relevant if it bears upon the question whether the acts alleged to constitute the crime charged in the indictment were designed or accidental or to rebut a defence which would otherwise be open to the accused. Essentially the Makin case established parameters for admitting evidence of similar facts. Similar facts evidence cannot just be used to show disposition. The second proposition delimiting evidence of similar facts is found in S. 15 of the Evidence Act 16. When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. The question arose as to whether the defence had to wait until a defence arose to raise similar fact evidence or could they raise it to prevent the accused from even thinking of raising a defence. Had Lord Herschell only given direction on which subsequent courts could built on and in Harris V DPP AC. 394 Viscount Simmons settled the matter . â€Å"It was an error to draw a closed list of circumstances of when similar facts evidence was admissible. He dispelled the notion that Lord Herschell one did not have to wait until the accused person raised a defence of accused or mistake for one to bring up the defence before introducing such evidence. Lord Herschell only gave instance when similar facts evidence could be raised and that Lord Herschell only raised instances. Mohammed Said Akraby v. R. [1956] Vol. 23 EACA 512 It was held in this case that even though the prosecution did not have to wait until the accused raised a defence; the judge had discretion to exclude similar facts evidence if its probative value was out weighed by the prejudicial effect. It was always going to be a balancing act what purpose does the evidence serve other than cause prejudice. Noor Mohammed v. R. [1937] Vol. 4 E. A. C. A The accused was charged with murdering his wife by poisoning. There was no evidence that he had administered the poison but prosecution sought to adduce evidence that the accused had had another wife who died as a result of poisoning in circumstances which suggested that the accused had lured the wife into taking poison as a cure for a toothache. The accused was convicted but on Appeal, the Appeal was allowed on the grounds that evidence admitted by the trial judge was very prejudicial to the accused person. In the words of the court, the probative value was outweighed by the prejudicial effect even though the evidence was technically admissible. Similar facts evidence must have strong probative value weighed against prejudice. R v. Scarrot [1978] 1 AER 672 Discussing further probative value versus prejudicial effect, Lord Scarman stated in this case: â€Å"Such probative value is not provided by mere repetition of similar facts. There has to be some features in the evidence sought to be adduced which provided an underlying link. The existence of such a link is not to be inferred from mere similarity of facts which are themselves so common place that they can provide no sure ground for saying that they point to the commission by the accused of the offence under consideration. † Evidence of similar facts has to have its own persuasive value and not to just have probative value it just not depend on coincidence. Admissible similar facts evidence falls into 3 categories which depend on what it is directed towards. 1. Similar facts evidence to establish state of mind with which some act proved to have been done was done i. e. hat motivated the act; 2. Similar facts evidence to prove the identity of the perpetrator or doer of an act; 3. Similar facts evidence to establish the commission of the act itself and therefore rule out an act of nature or miracle. UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 LAW OF EVIDENCE Lesson 3 Firstly the question of similar facts evidence to establish state of mind â⠂¬â€œ the accused may admit that he committed an act but his state of mind is not discernible. Looking at the evidence it is overwhelming that the accused committed the crime but it is not clear what his state of mind was. Under this circumstance it may be the case that he had no intention to do what he did. E. g. a person could have killed a human being but the case could be that he killed the human being thinking it to be an animal. If the accused person had done similar actions where the state of mind was clear, then it can be inferred that the present act was done with the same state of mind as the previous ones. If however the state of mind in previous actions is unclear, the very nature of those acts conceded along with the present one may lead to an inference as to what the state of mind was. For instance if a student was to be caught during the exams copying from the Evidence Act and in defence says that he did not know that he was wrong to copy from the Act, if there is evidence that such a student has been previously caught in another subject doing the same and has been reprimanded for it, then the evidence would go to show that he is not innocent, the Evidence can be used to infer. R . V. Francis Francis was charged with attempting to obtain money from another person by presenting a certain ring to be a diamond ring. He said that he had no knowledge that the ring he was purporting to sell was not a diamond ring and was worthless. There was evidence that he had previously approached other persons previously who had refused to give him money for the ring when they realised that the ring was not a diamond ring. The question was whether the Evidence of previous transaction with other persons where these people had refused to give him money for the ring by realising that the ring was worthless relevant. The court held that it was relevant to rebut the defence of lack of knowledge. The evidence of Francis’s experience with other people was relevant to rebut lack of knowledge. The evidence of Francis with other persons was relevant here to rebut lack of knowledge. John Makindi V. R Evidence of similar fact in John Makindi was admitted on the ground that it illustrated the hostility and ill-will between John Makindi and his foster child. On state of mind one of the findings explained the cause of loss of blood and the other evidence showed that he had been previously taken to court and had threatened the child with further beating on account of having sent him to prison. Similar evidence can be used to show the intention in which an act was done. You can pin the act on a person because they admitted but you may be unable to establish what the state of their mind was. You use similar fact evidence to illustrate that a person had fraudulent intention. R V. Armstrong Armstrong was charged with murdering his wife by administering arsenic poison on her. This poison was actually found in his house tied up in packets containing a fatal dose. Armstrong claimed that he used the poison to kill weeds as a gardening aid. There was actually no evidence that he had administered the poison on his wife. The prosecution however sought to lead evidence that a few weeks after Armstrong’s wife’s death he had attempted to murder another man by giving him arsenic poison. The question was whether this evidence was admissible. The defence raised the objection that the evidence was prejudicial and irrelevant. The court held that the evidence was admissible and in the words of Lord Hewart â€Å"†¦ The fact that Armstrong was subsequently found not merely in possession of but actually using for a similar deadly purpose the very poison that caused the death of his wife was evidence from which the jury might infer that the poison was not in his possession at the earlier date for an innocent purpose. † R V. Bond [1969] 2 K. B. 389 Dr. Bond was charged with using some instruments on a woman with the intent to procure an abortion. He denied the intent, he said that he was not using the instrument to procure an abortion but the instruments were to examine the woman. The prosecution however sought to lead evidence that the doctor had used the same instruments on another woman occasioning an abortion and the girl on whom he was being accused in using the instruments testified that the doctor had told her words to the effect that he had made dozens of irls happy and could do the same to her. The defence objected to this evidence on the grounds that it was prejudicial and irrelevant but it was admitted on the grounds that it showed the doctor’s intention in purporting to examine the woman and rebutted the doctors’ assertion that he was using it to examine the woman. Achieng’ V. R Achieng’ was a permanent secretary who had an imprest account and was charged with stea ling 76,000/- from that account. His defence was that he had no intention to defraud and that he intended to account for the money but was apprehended prematurely. The prosecution however adduced evidence to the effect that on six previous occasions, Achieng’ had taken money from his imprest account and never accounted for it. The question was whether the evidence of previous occasions was admissible and the court held that it was admissible because it rebutted his defence of intention to account for the money. The Queen V. Harold Whip and Another (1955) 28 KLR The two accused were charged with conspiracy to defraud the City Council. The case for the prosecution was that pursuant to an agreement between the two accused, one of them was a City Council Engineer and the other one an excavator, the 1st accused, certified payments as due to the 2nd accused firm for the excavation of hard rock which the 1st accused knew to be greatly in excess of what had been excavated. The 1st accused had therefore caused excessive payment to be made by the City Council to the contractors. The prosecution alleged that this was done fraudulently and that he had not just made an honest mistake in the estimation of the rocks. The prosecution actually brought evidence that there had been a case where the same accused had overestimated the amounts owed to the 2nd accused an event which had occurred in 1953. The court held that the 1953 transaction rebutted a defence of honest mistake. Essentially showing the state of mind with which he had acted. R V. Mortimer Mortimer was charged with murdering a woman cyclist by knocking her down. He claimed that it was an inevitable accident. The prosecution however adduced evidence that Mortimer had on previous occasions knocked down other female cyclists. It was held that this evidence of the previous incidence was admissible to show that he intended what he had done. It was not an accident. The nature of the event as a whole ruled out coincidence and the conclusion was gleaned from looking at the transaction as a whole. SIMILAR FACTS EVIDENCE TO IDENTIFY THE PERPERTRATOR OR DOER OF AN ACT Where it is shown that a particular act has been done but nobody knows for sure who did it, if it so happens that other acts of distinctive similarity with the one under consideration have occurred and a particular person has been involved, then an inference may be drawn that he was the doer of the act under consideration. It is notable however that for this inference to be drawn the similarity must be very distinct to ensure propensity on its own should not be used to judge a person. For example if handbags disappear and it is known that they disappear during the break and this time a person is caught walking out with a handbag and then it is discovered that this person never comes back to class after the break and a modus operandi is drawn that this person has been taking the handbags and the person has a liking for a particular kind of handbag. Essentially you are looking for similarities. R V. STRAFFEN: In this case a young girl was found strangled by the roadside and it was clear from examining her that there had been no attempt at sexual assault on her person. Straffen had been seen around the scene of crime but there was no evidence that he was directly or indirectly connected with the murder. It was established as a fact that Straffen had strangled two girls at a different place two months earlier and had also left their bodies by the roadside. It was also clear that there had been no attempt at sexual assault on these girls. Straffen had been committed to a mental hospital for the offence and at the time the girl whose murder was under consideration had been killed; Straffen had escaped from the mental hospital and was at large. When the police went to interview him he said even before he was questioned ‘I did not kill the girl’. He was convicted on the basis of the evidence of the other two girls. Again it was established that he had had the opportunity to murder the girl having escaped from the mental hospital and the fact that he had been seen near the scene he had the opportunity and the propensity was so distinct. Thompson V. R Thompson had carnal knowledge of two boys and he gave them a date 3 days later. He described the place of the date as a street outside a public toilet. Thompson met the two boys at the appointed hour. On noticing the presence of strangers, Thompson gave the boys some money and asked them to go away. It turned out that these strange persons were police and when they approached Thompson he told them that they had got the wrong man. On being searched Thompson was found in possession of a few bottles of chemicals and a further search of his house yielded photos of naked boys. The judges relied on this evidence and its use as alleged by the boys. The boys said what the chemical had been used for. In the words of the court, being gay had characteristics that were easily recognisable. It elicited a distinct propensity and was therefore a reliable means of identification. Paul Ekai V. R [1981] CAR 115 Paul was charged with the murder of Joy Adamson a famous conservationist. His defence was an alibi (alibi is assertion of not being at the locus quo). Ekai said that he had been in Isiolo staying with his grandmother. The evidence was that on the material night, one of the 3 trunks of boxes in the deceased tent including the one containing the cash box had been forced open by a person using a bar which had been taken from the workshop at the camp. The intruder had escaped using the animal enclosure. The prosecution gave evidence that 3 weeks earlier, there had been a theft at the camp and on that occasion the box containing the cash box had been forced open with the bar taken from the camp workshop. The intruder on that previous occasion had gone out through the animal enclosure. When Paul was apprehended after the murder, he was found in possession of some clothes stolen from the camp on the previous occasion. Paul was the deceased’s worker and he had a good knowledge of the camp and taking all these factors into consideration it was held that the evidence of the previous theft was admissible in attempts to prove the murder because the acts exhibited a distinct modus operandi. Similar fact evidence can be lead to prove the commission of an act This applies in situations where it is not clear whether the act was done or it happened miraculously. If it is shown that a similar act has occurred caused by human intervention, this is a good ground for inferring that a particular act was actually done as opposed to it just happening miraculously. This is normally in situations where if you look at the acts in isolation, you can dismiss human act and attribute them to nature but when you look at the acts together you can see they had help. R V. Smith Smith married his first wife. He took out an insurance policy on her life in his favour. He made representation to his personal doctor that his wife was epileptic, a few months later his wife’s dead body was found floating in the bathtub and a few months later the insurance paid. Smith proceeded to marry another woman, took out an insurance policy on her in his favour and made assertions that she was epileptic and she too was found dead in the tub and he proceeded to collect insurance and married yet another one whose body was also found dead. He was charged with murdering wife no. on the basis of the subsequent deaths of wives 2 and 3 in similar circumstances. In the words of the court the coincidence was too fantastic to be credible and this of course ruled out the possibility that the drowning of the women in the bath was an accident. In the words of the court the act was done by human hands and the motive was clear so it was not an act of God. Makin V. Attorney General The question arose whether the dy ing of the children adopted by the Makins was coincidental. R V. BOLL In the Republic V. Boll, Boll stayed with his sister as husband and wife when incest was not an offence and they even had a child together when incest was not an offence. After parliament made incest an offence, the two were charged for having an incestuous affair, but they continued living together as man and wife. Even after incest had been made an offence, they still continued to live together as man and wife and the question was whether the evidence of the previous cohabitation as man and wife could be used against them. They were convicted of incest because their previous association ruled out innocence of their subsequent association. The logic was that if two people have previously lived as husband and wife, unless they separate to live under separate roofs they continue to live as husband and wife. The burden is on them to rebut this presumption and they were unable to do that. To summarise similar fact evidence we should look at Section 16 of the Evidence Act â€Å"When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is relevant. † For instance if you are trying to establish whether 2 people had lived as husband and wife. If you can show previous cause of dealing where they were living as man and wife that would be admissible. Admission of similar fact evidence is the exception to the general rule and will only be admitted when it has strong probative value. What is similar fact evidence and when is it admissible? Section 15 and 16 wise sayings of judges and case law. JUDICIAL NOTICE Judicial notice is defined as what judges see or the liberty accorded a judicial officer acting as such to recognise the existence or non-existence of certain facts or phenomena without calling for evidence. On what basis will Judicial Notice be allowed: – 1. The habit or customs of the court and this relates to the authenticity for instance of certain signatures. You don’t have to prove the authenticity every time they come to court. Seals of the court you don’t have to prove their authenticity because the court habitually uses the seal. The names and official designation of high ranking officers past and present; International relations of a country if Kenya is at war with a country judges are expected to know; 2. Where statutes decree that certain things be judiciary noticed e. . certain certificates that judges will decree should be taken judicial notice of; 3. Need to make things workable e. g. the practice of the court, how the court conducts itself is taken judicial notice of. Ordinary rules of reasoning don’t need evidence to be proved. 4. Basis of judicial notice is that of matters that are known by everybody e. g. judges would know that if you imbibe certain liquids you can get intoxicated this is commonly known. One cannot assume that judges are so ignorant that they won’t know what everybody else knows. The effects of judicial notice Section 59 of the Evidence Act â€Å"No fact of which the court shall take judicial notice need be proved. Judicial notice dispenses with proof. Section 60 enumerates matters that the court should take judicial notice of. 60. (1)The courts shall take judicial notice of the following facts:- a) All written laws, and all laws, rules and principles, written or unwritten, having the force of law, whether in force or having such force as aforesaid before, at or after the commencement of this Act, in any part of Kenya; ) The general course of proceedings and privileges of Parliament, but not the transactions in their journals; c) Articles of War for the Armed Forces; d) The public seal of Kenya; the seals of all courts of Kenya; and all seals which any person is authorized by any written law to use; e) The accession to office, names, titles, functions and signatures of public officers, if the fact of their appointment is notified in the Gazette; f) The exist ence, title and national flag of every State and Sovereign recognized by the Government; ) Natural and artificial divisions of time, and geographical divisions of the world, and public holidays; h) The extent of the territories comprised in the Commonwealth; i) The commencement, continuance and termination of hostilities between Kenya and any other State or body of persons; j) The names of the members and officers of the court and of their deputies, subordinate officers and assistants, and of all officers acting in execution or its process, and also of all advocates and other persons authorized by law to appear or act before it; ) The rule of the road on land or at sea or in the air; l) The ordinary course of nature; Preston Jones V. Preston Jones – Preston went abroad and resided there for 9 months and therefore had no nuptial intercourse with his wife. 3 months after he came back, a baby was born to his wife fully mature. He petitioned for divorce on the grounds of adultery . Relying on the evidence that the ordinary course of nature i. e. that human gestation period was 9 months and not 12 or 3 months. The court held that the matrimonial offence of adultery was not proved. In the words of judges â€Å"though the court took judicial notice of the normal life of human gestation period, it was not completely ruled out that there could be abnormal periods of human gestation. m) The meaning of English words; n) All matters of general or local notoriety; (things that everyone knows) o) All other matters of which it is directed by any written law to take judicial notice. Should we take judicial notice of customary law? Kimani Gikanga The issue arose as to whether in a dispute involving customary law whether customary law should be taken judicial notice of. Judges were of the opinion that the party that seeks to rely on the customary should prove that customary law as a matter of fact by calling expert witnesses. This is because of the difficulty of establishing what the customary law is at any given time since it is unwritten. Section 18 of the Magistrates Act Magistrates are allowed to take Judicial Notice of customary law without having to call for proof for it and if there is a dispute, then it will have to be established by proof. If customary law is a disputed tenet, then there is need for proof. If there are contestations then proof will have to be called. Section 60 (1) (b)Judicial Notice should be taken of the general course of proceedings and privileges of parliament, but not the transactions in their journals. The court need not call for evidential proof of privileges accorded to parliament. These provisions however exempts from judicial notice transactions in parliamentary journals. Whatever is recorded in the Hansard is not going to be taken judicial notice of. Section 60 (1) (c) -Judicial Notice should be taken of articles of war for the Armed Forces. Section 60 (1)(e)-the public seal of Kenya; the seals of all courts of Kenya; and all seals which any person is authorized by any written law to use; Section 60 (1) (f) – The accession to office, names, titles, functions and signatures of public officers if the fact of their appointment is notified in the Gazette; Section 60 (1) (g) the existence, title and national flag of every State and Sovereign recognized by the Government; this is to avoid embarrassment. Section 60 (1) (h) Natural and artificial divisions of time, and geographical divisions of the world, and public holidays; Section 60 (1)(i) The extent of the territories comprised in the commonwealth; Section 60 (1)(j)the commencement, continuance and termination of hostilities between Kenya and any other State or body of persons; Section 60 (1)(k)the names of the members and officers of the court and of their deputies, subordinate officers and assistants, and of all officers acting in execution of its process, and also of all advocates and other persons authorized by law to appear or act before it; Section 60 (1)(l)the rule of the road on land or at sea or in the air; Section 60 (1)(m) the ordinary course of nature; Section (1)(n)the meaning of English words; Section (1)(o)all matters of general or local notoriety; Section (1)(p)all other matters of which it is directed by any written law to take judicial notice. PRESTON JONES VS PRESTON Preston went abroad and resided there for 9 months and therefore had no nuptial intercourse with his wife. 3 months after he came back, a baby was born to his wife fully mature. He petitioned for divorce on the grounds of adultery. Relying on the evidence that the ordinary course of nature, human gestation was 9 months not 12 months or 3 months. The court held that the matrimonial offence of adultery was not proved. In the words of the judges, â€Å"though the court took judicial notice of the normal life of human gestation, it was not completely ruled out that there could be abnormal periods of human gestation. Re Oxford Poor Rate Case: Burns V. Edmund In this case Crichton J. halved the conventional award of damages for loss of expectation of life to the wife of a deceased criminal after taking judicial notice of the fact that â€Å"the life of a criminal is an unhappy one. † UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 Law of Evidence Lesson 4 PRESUMPTIONS: These are inferences that a court may draw, could draw or must draw. Presumptions are devices that entitle a court to pronounce on a particular issue not withstanding the fact that there is no evidence or there is insufficient evidence. The inference that the court may draw could be affirmative or dis-affirmative (on the yes or on the no) presumptions enable a court to find a fact to exist or to find a fact not to exist. Essentially presumptions will have effect on the burden of proof. If we are saying that presumptions will help the court to find a certain fact to exist, it will have an effect on what burden of proof a person will have. There are 3 categories of presumptions: 1. PRESUMPTIONS OF FACTS these are inferences that may be drawn upon the establishment of a basic fact. The operative word in these presumptions is ‘may’. When you find a basic fact to exist, you are invited to come to court. There is an invitation to the court to draw a certain inference. 2. REBUTTABLE PRESUMPTIONS OF LAW They are inferences that must be drawn in the absence of conclusive evidence to the contrary. A good example is the presumption of innocence, that every person accused of a crime is innocent until proved guilty. Until there is conclusive evidence dispelling the innocence of the accused person. Essentially these presumptions are said to be mandatory until you have other conclusive evidence to the contrary. 3. IRREBUTTABLE PRESUMPTIONS OF LAW: These must be drawn no matter how much evidence exists to the contrary. Once you establish the basic fact pertaining to the presumption then you have to draw the inference that will dispel that presumption. They will usually be drawn from statutory provisions. They are public policy pronouncements, which decree that in the interest of public certain matters are decreed to be a certain way e. g. an 8 year old boy is not capable of carnal knowledge. Section 4 of the Evidence Act defines presumptions of facts and rebuttable presumptions of law 1) â€Å"Whenever it is provided by law that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. † 2) Whenever it is directed by law that the court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. † 3) When one fact is declared by law to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. PRESUMPTIONS OF FACTS: (DISCRETIONARY PRESUMPTIONS) They are inferences that may be drawn. Section 4 (1). Evidence Act Section 77(2). The court may presume that the signature to any such document is genuine and that the person signing it held the office and qualifications which he professed to hold at the time when he signed it. † The court is allowed to presume and it is incumbent on the person who argues otherwise to prove their case. Section 92. The court may presume that any document purporting to be a copy of a judgment or judicial record of any country not forming part of the Commonwealth is genuine and accurate, and that such judgment or record was pronounced or recorded by a court of competent jurisdiction, if the document purports to be certified in any manner which is certified by a Kenya consular officer or diplomatic representative in or for such country to be the manner commonly in use in that country for the certification of copies of judgments or judicial records. Section 93. The court may presume that any book, to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are admissible facts and which is produced for its inspection, was written and published by the person and at the time and place by whom or at which it purports to have been written or published. There are certain things that are non-contestable and one should not waste the courts time trying to prove them. Section 113 this section used to help in probate matters but once the Law of Succession was put into being it was repealed. This was important when we would talk about proof of death within 30 years. Section 119. The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. (Presumption of likely facts) We are talking about an inference that may be drawn regarding natural events, human conduct and the common course of natural events. You infer from what you see. If a person is caught with stolen goods, it is presumed that he stole them or that he knows who stole them. If they cannot adequately explain how they came to possess stolen goods, then the incumbent of proof is on them to say how the owner came to lose the goods. The ability of the court of law to draw an inference Presumption of guilty knowledge. From experience we can infer that a woman who is in possession of stolen goods after the theft and cannot give account of those goods is either the thief or has received them knowing them to be stolen. We are talking of recent possession. In Zus V. Uganda the question arose, the court here refused to apply the doctrine of recent possession after the accused was found in possession of a stolen bicycle 7 months after it had been recorded lost. The trial court had actually applied that doctrine to convict the thief of both the theft and receiving stolen goods because the accused had not given any reasonable explanation by how he had come upon the bicycle. The Appeal Court held that 7 months cannot be described as recent and consequently the court of appeal quashed the conviction for theft while upholding the conviction for receiving stolen goods. PRESUMPTION OF LIKELY FACTS S. 119 (IMMUTABILITY OF THINGS) A thing or state of things which has been shown to exist within a period shorter than that within which such things or state of things usually cease to exist is presumed to be still in existence. An example is given in the case of Kanji & Kanji V. R. 1961 E. A 411 C. A In this case a sisal factory employee’s arm was amputated by a sisal decorticator in April 1960. An examination done by a Mr. Perkin in September 1960 showed that there was no barrier or fence to protect the employees when feeding the machine with sisal leaves. The firm was held liable for failing to provide ample barriers to protect employees from the machine and this finding was held on the basis of the presumption of the immutability of things. On appeal the factory owner had argued that there was some form of fence at the Factory when the accident occurred in 1960. This barrier was not found to be in place in September when Mr. Perkins did his inspection. The Court held that the Magistrate was correct in presuming that the machine was in the same condition in April as it was in September 1960. It is unlikely that there was a barrier in April which disappeared by September but the factory owners were welcome to bring in evidence to prove that there had been a barrier in April. OFFICIAL & JUDICIAL ACTS ARE REGULARLY PERFORMED (PRESUMPTION OF REGULARITY) It is based on sound public policy which imputes good faith on official and judicial conduct. The burden is on he/she who alleges irregularity to bring the evidence to disprove or establish the irregularity. Looking at how our courts run, this might not be the way to go. For instance if your file gets lost, will you allege that the file got lost by the court. THE COMMON COURSE OF BUSINESS HAS BEEN FOLLOWED IN PARTICULAR CASES The basis of this presumption is business practice. If some business has been carried out pursuant to this common course, it is going to be presumed to be so unless the person alleging otherwise brings evidence to the contrary. If you have a quarrel with the common course of business, it is incumbent on you to prove that the common course of business was not followed. EVIDENCE WHICH COULD BE PRODUCED AND IS NOT PRODUCED WOULD IF PRODUCED BE UNFAVOURABLE TO THE PERSON WHO WITHHOLDS IT: This again is something that you draw as a worldly-wise person. If someone is withholding evidence, it would be presumed that the person withholding the evidence is because It Is against them and it is incumbent upon the person withholding the evidence to show that it is not so. ACCOMPLICES ARE UNWORHTY OF CREDIT & THAT THEIR EVIDENCE SHOULD NOT BE USED TO CONVICT UNLESS IT IS CORROBORATED There are certain witnesses who are held suspect and accomplices are some of these witnesses. The reasons for the unworthiness of the evidence are that an accomplice is a participant in the offence and such a person would be highly tempted to pass the buck. Having participated in the commission of the offence an accomplice is generally an immoral person and their word should not be taken without corroboration. An accomplice is likely to favour the state in hope for a pardon. It is necessary to get independent testimony on material particulars. Davies V. DPP 1954 AC 378 The Appellant together with other youths attacked another group with fists. One of the members of the other group subsequently died of stab wounds inflicted by a knife. Six youths including the Appellant and one L were charged with murder but finally the Appellant alone was convicted. L and the others were convicted of common assault. At the Appellant’s trial, L gave evidence for the prosecution. Referring to an admission by the Appellant of the use of a knife by him. The Judge in this case did not warn the Jury on the danger of accepting L’s evidence without corroboration. On Appeal the Appellant was saying that he was wrongly convicted because of lack of this warning on the part of the judge. The court held that there was no good reason for quashing the conviction because L did not know before the murder that any of his companions had a knife. Essentially the court held that L was not an accomplice in the crime of murder. The court here defined accomplices as persons who are Participes Criminis in respect of the actual crime charged whether as principal participants before or after the fact. It included people who procured, aided or abetted in the commission of the crime. The Court was trying to exonerate L from being a participant. He did not participate in the stabbing because he was not aware that his colleague had a knife. REBUTTABLE PRESUMPTIONS OF LAW: To rebut this presumption you need conclusive evidence. These are presumptions that are decreed by law. A good example is the presumption of genuineness in a document purporting to be the Kenya Gazette. There is also the presumption that a person between 8 and 12 is not criminally liable unless it can be shown that he knew that his action was morally and legally wrong. Once you establish the basic fact, then the person could not be exposed to criminal liability unless you bring evidence to show that he knew that what he did was legally and morally wrong. Section 83. Presumptions as to documents â€Å"(1)The court shall presume to be genuine every document purporting to be a certificate, certified copy or other document which is— a) declared by law to be admissible as evidence of any particular fact; and b) Substantially in the form, and purporting to be executed in the manner, directed by law in that behalf; and c) Purporting to be duly certified by a public officer. 2)The court shall also presume that any officer by whom any such document purports to be signed or certified held, when he signed it, the official character which he claims in such document. To be able to disprove documents under this act you have to bring evidence. Records of Evidence Section 84Whenever any document is produced before any court, purporting to be a record or me morandum of any evidence given in a judicial proceeding or before any officer authorized by law to take such evidence, and purporting to be signed by a Judge or magistrate or any such officer as aforesaid, the court shall presume— a) that the document is genuine; ) that any statements as to the circumstances in which it was taken, purporting to be made by the person signing it, are true; and c) that such evidence was duly taken. The use of the word ‘shall’ documents are presumed to be genuine. Section 85. The production of a copy of any written law, or of a copy of the Gazette containing any written law or any notice purporting to be made in pursuance of a written law, where such law or notice (as the case may be) purports to be printed by the Government Printer, shall be prima facie evidence in all courts and for all purposes whatsoever of the due making and tenor of such ritten law or notice. There is a public policy that such a documents shall be genuine unles s there is conclusive evidence to the contrary. Sections 86, 87 and 88, Section 86:(1)The court shall presume the genuineness of every document purporting to be— a) London Gazette, the Edinburgh Gazette, or the official Gazette of any country in the Commonwealth. b) A newspaper or journal; ) A document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody. (2)Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. Section 87. Where any publication or part thereof indicates or purports to indicate the name of any person by or on behalf or under sponsorship of whom, or the place at which or date on which, such publication or any part thereof was contributed, it shall, in any proceedings for an offence under any written law or for contempt of any court, be presumed, until the contrary is proved, that such publication or part thereof was contributed, by or on behalf or under the sponsorship of such person, or at such place or on such date, as the case may be. Use of the word ‘shall’ all publications will be deemed to have been published, edited, printed in the place that they are said to have been published unless you can bring evidence to the contrary. Section 88:When any document is produced before any court, purporting to be a document which, by the law if force for the time being in England, would be admissible in proof of any particular in any Court of Justice in England, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed— a) the court shall presume that such seal, stamp or signature is genuine, and that the pers