Punishment Vs Rehabilitation . Life Is Full Of Choices,

Punishment vs Rehabilitation Life is full of choices, and every decision we make comes with consequences. However when someone decides to break the law, society locks them away with other lawbreakers for a duration of time that corresponds to their level of offence. This is what we call prison. We send people to prison to be punished, to prevent them from committing the crime again and to deter others from doing the same. Those are all valid reasons for incarceration, but I believe that after someone has broken the law, the optimal response should be attempting to help them turn away from their criminal lifestyle. There must be a consequence for breaking the law, so trying to get rid of every single prison on Earth is just naà ¯ve; but I†¦show more content†¦This is the case in almost every prison; prisoners join gangs and resort to violence for protection. Without teaching prisoners how to live a moral and ethical lifestyle, all they learn from prison is how to cheat, lie, manipulate and steal. When t heir sentence comes to an end and they are released back into society, they often find themselves jobless and homeless because most employers refuse to hire someone with a criminal record. Without a job, they resort to the only thing they know how to do, crime. Do we really want to be releasing these people back into society? Of course not. We need to invest in rehabilitation and correction for criminals if we want to keep our society safe. Incarceration alone only keeps the criminal away from society for the duration of their sentence, and without rehabilitation, they are bound to repeat their past mistakes. When someone receives a prison sentence, it seems as though society just gives up on them. People see prisoners as evil people who are getting what they rightfully deserve, with no hope of turning their life around. They are locked away from society and due to the pessimistic attitude towards rehabilitation, they are denied the help they need. In the Blue Eyes Experiment, child ren with brown eye were told and treated as if they were inferior to the children with blue eyes; andShow MoreRelatedPunishment vs Rehabilitation1678 Words   |  7 Pagesï » ¿ Punishment versus Rehabilitation Survey of Justice and Security - AJS/502 March 17, 2014 Arnold Wicker    Punishment versus Rehabilitation, there has been many debates on the effectiveness of punishment compared to the effectiveness of rehabilitation of convicted offenders in prison and under community supervision. Punishment is defined as a penalty that is imposed on an individual for doing something wrong. The term rehabilitation is defined as a way to help somebodyRead MoreThe Decision For Transfer A Youth3437 Words   |  14 Pagesbelieve that the best course of action regarding juvenile offenders is not transferring them to criminal court but rehabilitation – these individuals view punishment as a failed strategy for changing behavior, teaching skills, or developing new or more positive attitude and beliefs. While others believe that if they are old enough to do the crime, they should accept the court’s punishment. Over the years several young offenders have had their cases tried in adult courts, many due to the seriousnessRead MoreThe Death Penalty Is Justified Ess ay1856 Words   |  8 Pagesdeath penalty have challenged this situation since the beginning of time as for capital punishment and for revenge. Advocates supporting for the death penalty are discouraged because it prevents future murders and prevents future funerals; and that in the death penalty serves as bitter sweet revenge because in a society full of evil, no one cares about the other. Uncertainty that someone takes a life, then their life should end as well. Abolitionist on the other hand is against the death penalty becauseRead MoreJuvenile Delinquency Is An Example Of Deviant Behavior1974 Words   |  8 Pagesrational mind when considering whether or not to commit a crime. Then, they are ultimately faced with a choice- to commit the crime or not. But, can the same assumption be justifiably applied to juvenile delinquents? This â€Å"burden of accountability† can be explained by the rational choice theory. This theory proposes the idea that before an individual commits a crime; they are faced with choice that they must rationally respond to (Boudon, 2003). A person is forced to weigh the positives and negativesRead MoreThe Decision For Transfer A Youth3815 Words   |  16 Pagesbelieve that the best course of action regarding juvenile offenders is not transferring them to criminal court but rehabilitation – these individuals view punishment as a failed strategy for changing behavior, teaching skills, or developing new or more positive attitude and beliefs. While others believe that if they are old enough to do the crime, they should accept the court’s punishment. Over the years several young offenders have had their cases tried in adult courts, many due to the seriousnessRead MorePsychology P1 and M13058 Words   |  13 Pagesothers such as ‘shape’ behaviour. This theory has 3 different approaches these are; positive reinforcement, punishment and negative reinforcement. The first one is Positive reinforcement this encourages behaviour this could be using praise, attention, pleasure or recognition. This encourages the person to do well as they feel they are achieving something. The second one is punishment this is reducing behaviour for example discomfort, isolation or physical or mental pain. Although this may workRead MoreEssay Juvenile Delinquency5272 Words   |  22 Pages(Einstein Law, 2008,  ¶1). Up until the 1700s; children were viewed much differently than today’s youth. They were not given any special treatment or appreciation. During this time an individual’s choice of discipline would now be considered abuse. People in this time had a much different view concerning life. They believed times were difficult, and people needed to be harsh in order to survive. Individuals did not have the luxuries of today’s world (Rice, 1995). â€Å"For example, the medical practices ofRead MoreCriminal Rehabilitation3452 Words   |  14 Pagesrighteous. In colonial America, criminals were treated in much the same way as they were in England at that time, with punishments ranging from lashings, confinement in stocks, and public brandings for minor offenses to hanging for more serious crimes-including theft (Wright, 2007). Many people are surprised to learn that the use of prisons as a form of punishment and rehabilitation was an American innovation (Farabee, 2005). On average, incarceration costs about $22,000 per year: to lock someoneRead MoreAlcoholism as a Disability4543 Words   |  18 PagesOutline Introduction Business Situation Description Analysis with Three Ethical Theories Behavior vs. Disability Negligent Hiring/Retention Government Agency Precedent for punishing alcohol abusers Application of Relevant Law At Will Employment Negligent Hiring Expanded Abuse of Legal System Reasonable Accommodations Home Depot Firing Similar to Blazek Situation Alcohol Policies should Match Practice ADAs Potential Misclassification of Alcoholism Recommendation to Employer Conclusion Read MoreDoes Cedaw Make World Better Place For Women? Essay7028 Words   |  29 Pagescivilization which comes into various forms and tools to reduce the discriminations. It is struggle of the human race to reach to world where every human being would evolve to his/her full potentiality. Several new nations after attaining independence from colonial powers had accelerated this process in every possible spheres of life, provided equal political, educational ,work etc rights to all irrespective of race, gender, age, cast etc, article 14 of the Indian constitution represents the said trend.

Personal Narrative The Fyteia Forest - 997 Words

Once upon a time there was a little village in Germany named Leipzig. The village was located in the middle of a forest called the Fyteia Forest. This was at the beginning of time, when there were no storms. There were two people that everyone knew very well, Keravno and Vronti, their names were decided by destiny. Keravno was a very beautiful young woman with blond hair and bright blue eyes. Vronti was very muscular, not much older than Keravno, had brown hair and green eyes. They were in love and planned to marry each other one day. However Cupid’s twin brother Sore, wanted to separate them. He wants the world to be covered in hatred, because the more hate there is in the world, the more powerful he becomes. He was jealous of†¦show more content†¦The village chief, Archigos happened to be looking for a rare glowing mushroom used for medicines. When heard all the commotion he went to see what was causing it, the he saw Sore flying off. He knew exactly what m ust of happened. So he concocted a mixture of stuff in his pouch and threw it at them. They started to glow and in a beam they were shot up in the air. Archigos sent them to the sky where Ilios was, Keravno’s uncle. Ilios gave up his mortal life several years ago, so his village so they could have sunlight. He was an old man with a big fluffy, dark brown beard. He had blue eyes and a and a big smile. As soon as they got there they immediately started fighting. As they fought storms came and attacked the poor village underneath them. Ilios saw what was happening and quickly intervened them, causing the storm to fade. â€Å"What’s with all the fighting we just met.† Ilios said â€Å"he started it.† Keravno said. â€Å"No I didn’t, you did† Vronti Replied. â€Å"Well no more fighting ok.† Ilios said causing everything to be quite. Then a message appeared out of nowhere. Ilios grabbed it and the two started fighting again. The message said: â€Å"Get Cupid in the Cave of Chameni Agapi† -Archigos Ilios understood what must have happened and disappeared to find Cupid. With the sun being gone and a very aggressive storm, the village people started to panic. Ilios had to go through stenos canyon, then up the touvlo mountain, and finally the cave

Corporation Law Analysis of Case Fodare Pty Ltd v Shearn NSWSC 479

Question: Discuss about the Analysis of Case Fodare Pty Ltd v Shearn. Answer: Introduction Every nation has its own legislature, which governs the companies in the nation. In Australia, the Corporations Act, 2001, (CA) which is an act of the Commonwealth, assigns certain duties and obligations over the directors, along with the officers of the company, when they discharge the duties given to them and when they exercise the powers put on them, by being in such position (Latimer, 2012). The directors run the business of the company on behalf of the shareholders and due to these reasons, the CA imposes duties on the directors. When a breach of these duties takes place, the directors of the company attract both civil and criminal penalties, depending on the nature of contravention (Rosa, 2015). The case of Fodare Pty Ltd v Shearn [2011] NSWSC 479 is one of such cases where the sole director of the company had breached the directors duties laid down under this act (Moores, 2014). The following parts contain a discussion over this case to present a summary of the case, whereby the duties breached by the director and the decision of the case have been elucidated. Fodare Pty Ltd v Shearn With regards to Shearn, who was the director of Fodare Pty Ltd, upon being instigated by Clout, who was the liquidator of the company, Fodare Pty Ltd initiated claims against the sole director of the company. The plaintiff was the trustee of Alexandria Trust, which was a trust of a settlement, and was formed through a deed. It was also a family trust of sorts which benefit the members of the Shearn family. Certain property had been acquired by Fodare as a trustee, which was sold by the director to an independent purchaser. This sale was what formed the basis of this entire case (NSW Case Law, 2011). In this case an eye opener decision of the recent times was given by the Supreme Court of New South Wales. In this matter Shearn was a sole director of a company, at such time period when the property of the company was sold. The defendant had cleared all of the registered mortgages and had diverted the funds amounting to a value of A $ 383,000 in her personal bank account and she had also diverted a sum of A $ 251,000 for paying up, as well as, discharging the mortgage over the property which was held by her daughter. Eventually, the company was wound up. The proceedings were initiated by the liquidators and they sought a declaration which would state that Shearn had breached her fiduciary duties. In this matter, her daughter was also charged and the grounds for the same was that as per the scope of the constructive trustee, she was covered under it due to the fact that she had clear knowledge that the fund which she received was out of the proceeds which came from the sale of the p roperty of the company (INSOL, 2012). Duties Breached As per section 180 (1) of CA, the civil duty has been imposed on the directors of the company, which dictates that the directors of the company, have to use their authority, along with undertaking their obligations in a manner which shows diligence and care. This diligence and care had to be compared on the basis of a reasonable individual, as if they held the officer which the director held, held the same responsibilities, and was the director of the company in the similar situation (Australasian Legal Information Institute, 2017). Section 1317 E of this act contains the civil penalties for the breach of director duties. Under this section, the Court has the power of making a declaration of contravention which contains the details of the penalties and the conduct which led to such contravention, along with the other details of the breach. Once this declaration has been made, the ASIC has the power to apply for pecuniary penalties as are contained in section 1317G of CA, or can also apply for getting a disqualification order against the director pursuant to section 206C of CA (WIPO, 2015). Under section 181(2) of CA, a business judgment rule has been provided. A director would not be held liable for a breach of section 180(1) in case they can establish that the decision was taken after making proper inquires about the decision, on the basis of their knowledge and that the judgment was made for a proper purpose and in good faith. It also has to be shown that the director did actually believe, in a rational manner, that the decision was in the companys best interest (Federal Register of Legislation, 2017). The reasons for providing this defense is that at times, a business decision make turn into losses, even when the matter was carefully and diligently handled by the director. And so, for every loss of the company, the director cannot be held liable, otherwise the directors would stop making any business judgment, for the fear of attracting civil penalties under this section (Cassidy, 2006). Section 181(1) of the CA imposes duty on the directors to act in a good faith, for proper purpose and in the manner which is in the companys best interest. This has to be done when the directors use their authority, and undertake their obligations. The breach of this section also attracts the civil penalties contained in section 1317E of CA (Australian Government, 2017). Section 182(1) of the CA provides that the directors are not to use their position of being a director in a manner which results in them getting an advantage for either themselves or for someone else, and the effect of which is detrimental for the company. The breach of this section results in civil penalties being applied pursuant to section 1317E of the CA (ICNL, 2017). Decision of the Court At the very beginning, the court stated that no allegations had been made against the sale of the property, which took place, at the values stated in the application given by the plaintiff. A substantial sum was owed to one Bruce Dennis by the company, and the director and her daughter were aware about company being in a debt due to the two sums paid by them, which resulted in no money being left for the payment to be made to Dennis. With regards to the property being the asset of the trust, the evidence could not lead the judges to state if that was or was not the case. Though, the court considered it crucial to consider the events which led to Denniss indebtness (Australasian Legal Information Institute, 2011). The court considered that the awareness of Shearn with regards to the payment of sum resulting the company having insufficient funds to pay off the debt were not much significant. Instead of asking if a particular application of assets of the company would leave the company in a mode where they would not be able to pay their debts; the question has to be rather decided upon the purpose for which the assets had been applied. This purpose had to be a proper purpose to not lead to a contravention of the duties stated in the previous part. The money held in the trust was held to be held in metaphorical sense. Further, as Shearn was the sole director of the company, it was held by the court that she had the duty to safeguard the funds of the company and only to use them for discharging the liabilities of the company for corporate purposes. The payment of funds to herself or that to her family members in a manner of gift, which resulting in a benefit for her or her family could not be deem ed as a due or proper discharge of her duties as being a director (Jade, 2011). The court highlighted the cardinal rule which binds the directors, as a result of the duties imposed on them through CAs Division I, Part 2D.1 (Boone, 2012). As per this, the personal interest of the director has to be below the interest of the company and the directors of the companies are required to account the profits or gains made by them due to their fiduciary company, to the company. So, the companys money, which reaches the hands of the directors or is under the control of the director, has to be out in the possession of the company so that the same can be recognized as being the property of the company. It also has to be explained, why the money was not put in the possession of the company and why the money had been applied in another manner. For this, there is a need to keep the records in form of receipts and payments by the company, which properly recognize the use of the money (Jade, 2011). In this case, there was only one director and so, the accuracy and the adequacy of the records had to be kept properly and this should be done on the basis which reflects the adherence to the fiduciary duties, so that the company can be aware of the fact that their property is being used in a particular manner and is being applied in a particular manner. The evidence in this case revealed that Shearn had failed in performing her duties in a proper manner. When the liquidator asked for the records and the books of the company, regarding the companies entire property, she did not provide the liquidator anything. And later on, she gave the liquidator a report which showed that the company had no assets and no liabilities. She also gave a statement which stated that the company had no tax liability and that for the previous three years no accounts were maintained by the company. The settlement cheques were not recognized as the property of the company. Also, she used the money of the com pany for benefiting her daughter and even the daughter was aware of the fact that the money which she was getting, came from the sale of companys property. The court held that even though Hirtzell did not know the fine details, but she was nevertheless aware of the ownership interest of Fodare in those assets (Jade, 2011). It was held by the Supreme Court that Shearn had to be held accountable for the company for the equitable compensation for both of these amounts, along with the statutory compensation, which would have to be in addition to the costs and interest. Along with this, it was held by the court that Shearns daughter also had to be held accountable for the equitable compensation, to the company, the amount of which was A $ 251,000 along with interest. It was held by the Court that Shearns daughter might have been aware about the fact that her mother did not have any money as she was a former bankrupt, along with the fact that the property which was sold was not of her mother, but that of the company. The Supreme Court stated that the mothers and the daughters liability of the equitable compensation amounting to A $ 251,000 along with the interest had to run alongside in a manner that both the son and the daughter had to be held jointly, as well as, severally liable (Jade, 2011). Conclusion To summarize the case, there was a sole director in this case who was held by the court to have breached her duty of acting in best interest of the company and which was in good faith, along with breaching of her duty of acting for a proper purpose, not making an improper use of her position and to act with reasonable diligence and care. These duties were breached as the director had caused some of the funds from the sale of property of the company for her and her family members use, and the fact that the company did not have a proper financial record. It is the duty of the directors to make certain that they work for a proper purpose, act in good faith and also in the best interest of the company. Owing to these breaches, the director had to pay the amount of compensation, along with the costs. References Australasian Legal Information Institute. (2011) Fodare Pty Ltd v Shearn [2011] NSWSC 479 (25 May 2011). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2011/479.html?stem=0synonyms=0query=Fodare%20Pty%20Ltd%20v%20Shearn [Accessed on: 31/05/17] Australasian Legal Information Institute. (2017) Corporations Act 2001. [Online] Australasian Legal Information Institute. Available from: https://www.companydirectors.com.au/director-resource-centre/organisation-type/organisation-definitions [Accessed on: 31/05/17] Australian Government. (2017) Corporations Act 2001. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 31/05/17] Boone, J.W. (2011) International Insolvency: Jurisdictional Comparisons. 3rd ed. London: Thomson Reuters. Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Federal Register of Legislation. (2017) Corporations Act 2001. [Online] Federal Register of Legislation. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 31/05/17] ICNL. (2017) Corporations Act 2001. [Online] ICNL. Available from: https://www.icnl.org/research/library/files/Australia/Corps2001Vol4WD02.pdf [Accessed on: 31/05/17] INSOL. (2012) Duties Of Directors A Holistic View. [Online] INSOL. Available from: https://www.insol.org/emailer/Jan2012_downloads/India_Duties%20of%20Directors.pdf [Accessed on: 31/05/17] Jade. (2011) Fodare Pty Ltd v Shearn [2011] NSWSC 479. [Online] Jade. Available from: https://jade.io/article/217574 [Accessed on: 31/05/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Moores. (2014) The Directors Series: Part 2 - Fiduciary Duties. [Online] Moores. Available from: https://www.moores.com.au/news/the-directors-series-part-2-fiduciary-duties [Accessed on: 31/05/17] NSW Case Law. (2011) Fodare Pty Ltd v Shearn [2011] NSWSC 479. [Online] NSW Case Law. Available from: https://www.caselaw.nsw.gov.au/decision/54a635133004de94513d87f6 [Accessed on: 31/05/17] Rosa, D.D. (2015) Are you in breach of your duties as a director of your company?. [Online] Di Rosa Lawyers. Available from: https://dirosalawyers.com.au/breach-duties-director-company/ [Accessed on: 31/05/17] WIPO. (2015) Corporations Act 2001. [Online] WIPO. Available from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817 [Accessed on: 31/05/17]