Foundation of Criminal Law Essay Example | Topics and Well Written Essays - 1000 words

Foundation of Criminal Law - Essay Example 31 (issued in 1970),  that defined recklessness as: " A person is reckless if, (a) knowing that there is a risk that an " event may result from his conduct or that a circumstances may " exist, he takes that risk, and (b) it is unreasonable for him to take " it, having regard to the degree and nature of the risk which he knows " to be present." With this definition, Lord Edmund-Davies explains that recklessness entails having a foresight of the outcome or its consequences, along with the â€Å"objective judgment of the reasonableness of the risk taken.3† Thus, Metcalfe and Ashworth differentiate Lord Edmund-Davies’ discussion with that of Lord Diplock’s speech saying that it lacked the supporting statutory interpretation.4 Metcalfe and Ashworth also pointed out the considerations made by the House of Lords in the R v G case. Lord Bingham stated that the Caldwell decision misconstrued the statute, particularly Section 1(1) of the 1971 Act5 and went against the ru le requiring that there be a â€Å"subjective mens rea† in case of serious crime conviction, leading to unfair results that might be â€Å"neither moral nor just.†6 Lord Steyn on the other hand, focused on the injustice of using Caldwell decision to children, citing the UN Convention on the Rights of the Child.7 The commentary also discussed the meaning of â€Å"recklessness† as ascribed by the House of Lords in the R v G decision. Lord Bingham adopted the definition cited in the draft criminal code of 1989 wherein a person is said to act recklessly if â€Å"with respect to (i) a circumstance when he is aware of a risk that it exists or will exist; (ii) a result when he is aware of a risk that it will occur; and it is, in the circumstances known to him, unreasonable to take the risk.†8 Metcalfe and Ashworth explains that from this definition, it can be deduced that â€Å"any awareness of any degree of risk satisfies the definition, and that the judgment of the unreasonableness of  a risk (when that issue is contested) is for the tribunal of fact.†9 With this, they foresee that this same definition may be used uniformly throughout the criminal law, except for judges who would substitute the term â€Å"reckless† with â€Å"gross negligence† necessary in a manslaughter conviction.10 Finally, Metcalfe and Ashworth discusses the question of legal policy as regards the liability of children, taking into consideration the differing standards applicable to children and mentally disordered people, from that of adults who are of sound mind and hence, should have been aware of the need to take care. In this case, they opined that the courts still sustain â€Å"strict liability for offences that may carry prison sentences of some length† and state that the legislature has emphasized on the objective standards especially in the Sexual Offences Act 2003, in that they introduced the â€Å"test of ‘absence of re asonable belief’ in consent to replace the previous recklessness requirement.†11 With this discussion of Metcalfe and Ashworth, it raised more questions than answers in definitely identifying the elements to be considered in criminal liabilities involving recklessness. Their discussion was not able to persuasively argue that indeed a different standard should be applied especially those concerning children, or having a subjective approach to the circumstance of a child or person at the time the act committed, rather than seeing a circumstance from an objective point of

From the decade of 1990s Nike Inc is facing criticisms from different Essay

From the decade of 1990s Nike Inc is facing criticisms from different human rights organizations and government bodies - Essay Example Nike management is using the sweatshops for manufacturing of the products where the labor law is violated. The manufacturing units of Nike are mainly in the Asian countries like China, Vietnam, Indonesia etc where they can get labor in a relatively lower cost, also they are getting free trade zones there. The minimum wages law is violated there as well as the working conditions are poor there. Some media have also proved that the working conditions are not standard in Nike factories. Also there were claims that Nike is using child labors. Nike is using forced labor as reported by different media. Recently in July, 2011 an article claimed that Nike the employees of Nike factory abused by the supervisors constantly. So the main problem is that Nike management has failed to ensure a standard human resource policy in the company. Problem Symptoms The problem symptoms are as follows: Certain reports are claiming that Nike is not sticking to a standard human resource policy from the 1990s. Some customers are avoiding Nike on morale ground as they are violating the labor law continuously. Problem Statement As in the manufacturing Factories Nike Inc is violated the labor laws, the human resource organizations and the government bodies are protesting this in different countries as well as some customer started to avoid the products in a morale ground. Part B The Problem Nike Inc, a major manufacturer of apparel and sports equipment is violating the labor laws in its manufacturing factories which are situated mainly in the Asian countries. As the labors are not treated well in the factories so the international media is continuously focusing on this matter. They have collected some proves which made clear the fact that Nike is violating the labor laws really. Several issues are against the company, because of which some consumers also avoid using the products of Nike on the moral ground. Fishbone Diagram Key Findings From the fishbone diagram it has been found that sever al factors are there and because of all these Nike was able to violate the labor laws from the 1990s. The main factor is the management. The human resource policy of the management is below standard, which causes the problem mainly. Moreover the long term strategy of the company is not good at all. If the company continues this type of labor policy then the company can’t make profit in the long term. The government of the respective countries is also responsible for this situation. Nike is continuing this practice from the 1990s, but the respective governments have not taken such hard step so that the company will think about the matter seriously. The government has made the trade free zones for the foreign companies, and it is attractable for the companies as they can do business in low cost. They can also get low cost