Monday, September 30, 2019

“Letter from Birmingham Jail” Literary Analys Essay

Martin Luther King, Jr.’s, â€Å"Letter from Birmingham Jail,† was written in 1963; during the time African Americans were fighting for equality among races. We can tell this by the vocabulary used in his writing such as â€Å"Negro,† which was used at one time, and is no longer considered, â€Å"politically correct. â€Å" The purpose for the letter is that Martin Luther King Jr. was trying to convince the white clergymen that him and his â€Å"People’s† actions were completely unnecessary for the situation. When doing this, he uses critical and persuasive tones to try to influence the reader to agree with him. Martin Luther King Jr. provides a valid argument using logos, pathos, and ethos throughout his letter. The use of comparison in Dr. King’s letter makes the African American’s trouble of segregation seems, just about holy. He compares being arrested for his peaceful but illegal actions to the crucifixion of Jesus for his â€Å"unique God-consciousness and never-ceasing devotion.† Martin Luther King, Jr. ties himself to God by suggesting that above constitutional rights and legal laws are God-given rights, and these rights are the ones that he and his followers are supporting. He says that just laws, are laws that â€Å"Square with moral law or the law of God.† King resumes this religious association in his last paragraph, where he mentions blacks who conduct sit-ins as â€Å"children of God† who stand up for â€Å"the most scare Values in our Judeo-Christian heritage.† These similarities make Dr. King and his men seem to be fighting an almost heavenly cause, one that has the support of God and of history. King also uses his voice through writing to educe emotion. Aside from his associations to God and Socrates, which may help religious readers better connect to his message, Martin Luther King Jr., writes about the emotional suffering that blacks went through due to segregation and prejudice. He replies to whites telling blacks to â€Å"wait† for desegregation by bringing up several murders committed by whites on blacks, including lynching, drowning, and police cruelty. He continues on these emotional out looks by expressing how children begin to become disturbed by segregation when they realize that they are considered lesser to whites. King uses definite examples, such as a daughter who finds out that she can’t visit an amusement park because it is closed to colored children, and a son who asks, â€Å"Daddy, why do white people treat colored people so mean?† He shows how the build-up of these thoughts in black children eventually turn into hatred for whites when he says, â€Å"There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair.† All of these statements help the reader see just how blacks were disturbed beyond decency and rightfulness. King’s use of emotional writing helps readers develop sympathy for the segregated. Martin Luther King Jr., is trying to tell the white clergymen what he feels they are doing wrong. He uses so many different emotional pulls at the attempt to grab their attention. He does a great job of doing this through referring to the bible and about children. Through the use of rhetorical strategies, Martin Luther King Jr. countered the clergymen’s argument. He also got their attention due to his unique strategy of directly addressing his readers, the clergymen, to create the base of his argument. From there, King is able to shatter his opponent’s claims. This way of arguing allowed King to present his argument with more authority to achieve his goal: justify the reasons for nonviolent demonstrations against segregation. I feel as if Martin Luther King’s â€Å"Letter From Birmingham Jail† had a great impact on the rights of black people during his time. The fact that is still read today proves it’s a great piece of writing. From my point of view he was in the right with every opinion he expressed; I honestly don’t see how you couldn’t agree with him. His writing is not only changing the world, but is entertainment to read. In the closing of his letter he says â€Å"I hope this letter finds you strong in the faith. I also hope that the circumstances will soon make it possible for me to meet each of you, not as integrationist or a civil-rights leader but as a fellow clergymen and a Christian brother.† This is the hope of many people; we are getting closer each day to having his hope become a reality. I believe this letter had a huge impact on many people’s lives, and will continue to change the world.

Sunday, September 29, 2019

A Woman’s Place Essay

â€Å"Don’t read so much, he said, don’t study; get yourself good and tired out with homework, take exercise. He believes that her troubles would clear up if she got married. He believes this in spite of the fact that most of his nerve medicine is prescribed for married women. † The primary theme of Meneseteung by Alice Munro is the role of women in times of Victorian traditions and standards. The narrator, who is never identified, explains tasks and qualities that differentiate a real, marriageable woman from an outcast from society. The main character in this story is Almeda Joynt Roth, a respectable woman who has become famous in her small town for her poetry book. She has earned respect and admiration amongst others in the town for her works, but has also been criticized as a woman’s literary ambitions were thought to be hobby rather than vocation. Roth yearns to marry Jarvis Poulter, an idea that the rest of the town supports. Even Roth’s doctor, who prescribes nerve medicine to help Roth with her sleeplessness, says she would be much happier if she were married. However, Poulter does not find Roth to be a suitable wife and does not pursue her as such because she does not demonstrate the qualities that defined a marriageable woman of the times. The story, then, is not just about the role of women in the society but also about a lonely woman, an outcast of traditional society, and her search for companionship. Roth suffers from insomnia and goes to the doctor to get medication to help with her sleeplessness. The doctor suggests that Roth busies herself with things that are not considered womanly such as studying and writing. Her writing is considered an asset to the community, but not totally accepted as a woman is expected to marry and have a family. The town paper, the Vidette, which contains articles that would often be considered libelous by modern standards considers her young and fit enough to bear children, physically speaking she is marriageable material. The doctor suggests that she wear herself out by performing housewife tasks such as cleaning and exercising so that she may sleep. He also discourages her from reading and writing, as it is not required of her to do these things to ulfill her position in society. He suggests that marriage would solve most of her problems, though the medication he prescribes her is primarily prescribed to married women. The doctor is prescribing a remedy to her problems by becoming a housewife, while also prescribing medication that is given to housewives to treat the very condition she, as a single woman, had come to ameliorate. In the society portrayed in Meneseteung marriage is considered to be a cure-all for many of women’s problems. Why, asks the narrator, has Roth remained unmarried for so long? The narrator suspects that it is partly down to her desolate disposition. A caliginous personality is not one that is considered attractive and people tend to avoid developing social ties to her. Weighed down by burdens such as the loss of her family Roth is a loner with reading, writing, and the hopeless pursuit of Jarvis Poulter as her only aspirations in life and generally just does as she pleases. She dreams of marrying Poulter, an idea that the whole town supports, but he never showed an interest in her as she did not fit the imagine of a marriageable woman of the times. Despite this the narrator portrays Roth to be less of the â€Å"reckless hedonist† and more like a â€Å"tormented artist,† suffering as a result of her art. It is her particularity that makes her an eminent writer, but also not considered suitable to be taken as a wife. Women in this story are portrayed as weak and in need of men. One night, Roth is awoken by a drunk, abused woman at her fence. She is frightened and rushes to Poulter for help, and this is shown as being the first time in the story that she behaves like a typical woman of her time. She is no longer the poised, confident woman that Poulter has come to know her as and is attracted to her desperate vulnerability. Poulter was not attracted to her when she was poised and confident but once he had seen that she was weak, helpless, and in need of him he felt drawn to her as she finally fit the stereotypical image of a woman. Poulter deals with the drunken woman in a cruelly and insensitively and upon seeing this Roth loses interest in him. Poulter asks her to church and she declines and the two never pursue a relationship. Despite being portrayed as weak and in need of men, women are not powerless in marriage. One of a woman’s primary roles is to â€Å"create their husbands† by â€Å"ascribing preferences† to them. â€Å"This way, bewildered, sidelong-looking men are made over, made into husbands, heads of households. † Roth cannot see herself doing this, which urther separates her from the society in which she lives. After her rejection of Poulter’s interests Roth retreats into the vivid aberration brought upon her by the doctor’s nerve medicine and meets her death after becoming the target of menacing youths’ malevolent tormenting. This quote from the doctor, which I have chosen as the most profoundly meaningful, shows the thinking of the times. Women we re to marry to solve their own problems as well as to solve the problems of their husband. This short story is about a woman who is different from the social norm and her search for companionship and stability in her own life, as well as how breaking the norm had its own consequences. Her obsession with reading and writing, which was said to be more suitable as a hobby than profession, set her aside and earned her respect within her community while at the same time driving a wedge between her and a normal life because she did not spend her life marrying, becoming a wife, becoming a mother, and spending her days cleaning and caring for her family like a typical woman of the time. When Roth became vulnerable she became like every other woman and Poulter finally saw her as a possibility for marriage but his actions revolted Roth. The incident with the drunken woman disgusted her into a solitary existence with just her and her hallucinations brought on by the nerve medication prescribed by the doctor. The doctor suggested that by marrying, Roth would not require this medicine despite it being most commonly prescribed for married women. So, then, Almeda Roth could not live with herself as a normal woman yet not being a typical woman is what eventually led to her demise.

Saturday, September 28, 2019

Ptlls Learning Journal Day One

The main points I have learnt from this session are: †¢Looking at ice breakers as a way of learners becoming more relaxed with each other and also as a way of beginning to interact with each other, ensuring that the topics are relevant to the learners and that they are not too controversial or likely to cause offence etc., they also encourage team work and inclusion †¢They are also a way of establishing trust within a group and reducing nervousness (apprehension) †¢We looked at training cycles and the various aspects such as identifying needs, planning and designing, delivering or facilitating, assessing and evaluating How could I develop my practical skills as a result of this session? †¢Be more conscious of the reactions of others and giving them an opportunity to express their opinions rather than doing all of the talking and making assumptions about what people are thinking †¢Planning and designing work or tasks that need to be carried out †¢Everyone has a different personal construct system and being aware of the skills and personal experience of others in terms of its impact on how they relate to others †¢Being aware of total communication from others i.e. verbal and non verbal communication as well as body language, look at mirroring people’s body language or having a more relaxed way of communicating information if relevant How could I develop my knowledge and understanding as a result of this session? †¢I could carry out further study on personal construct systems †¢Look at how transactional analysis impacts people †¢Look at various learning styles and when using them is most appropriate †¢Being aware of the checks and balances that are in place to see if learners are actually assimilating information, could be in the form of short quizzes at various stages in the course †¢Also receiving feedback could be feedback on course, feedback on lecturer, feedback on topic, feedback on venue (depending on if own venue or if hired venue).

Friday, September 27, 2019

The research paper on the Vietnam War Example | Topics and Well Written Essays - 2000 words

The on the Vietnam War - Research Paper Example The chief objective of this paper, however, is to analyse this historic war in relation to Martin Luther King’s seminal anti-war sermon â€Å"A Time To Break Silence†. While many tend to view the war as one that was ‘revolutionary’, King sought to critique the very underlying principle of war. At every level, he expressed his solidarity for those members of the clergy and the laity who critiqued the war and were sympathetic to the Vietnamese civilians. Though King’s speech is a clear articulation affirming the value of human life and liberty, my analysis would attempt to both analyse and question his perspective regarding the Vietnam War. King’s views regarding the land reforms that Ho Chi Minh had carried out during his tenure have been contested and attested by various thinkers. This paper shall try to incorporate these views into the body of the work and provide a balanced argument. The paper shall also look at the position of the poor peas ants in Vietnam who bore the brunt of the war. The land reforms in Vietnam, initiated as a means of the communist revolution in the nation was directed at the distribution of land among the peasants of the society and the displacement of the elite of the village that existed before the revolution. Through these, a new class would arise that would enable the birth of a free and noble nation, one that would be egalitarian in its principles. King’s concern for the rise of such a nation is partially a result of the Christian perspective of egalitarianism that he adopts in his speech as David Bromwich argues. He goes on to locate the root of king’s concern as the need for viewing the people of Vietnam as brothers, in an explicitly Christian manner, without the arrogance of the western man that king argues was responsible for the attitude of the people who wanted to recolonize Vietnam, namely the French and the Americans (Bromwich). This causes him to however, take up a stan ce that is heavily in favor of the Ho Chi Minh administration. In an effort to assert the importance of the Christian point of view, King belittles the importance of the forces of nationalism that were instrumental even in the resistance that the Vietnamese peasants offered to the occupying forces. King, in his speech gives a dominant position to religion. Even this position is not free of its own political implications. King imposes his beliefs while talking of a population that is hardly Christian in its beliefs. Even though King refers to a quotation by the Buddhist leaders of Vietnam, the passage that he chooses to include is one that has no religious overtones. Each day the war goes on the hatred increases in the heart of the Vietnamese and in the hearts of those of humanitarian instinct. The Americans are forcing even their friends into becoming their enemies. It is curious that the Americans, who calculate so carefully on the possibilities of military victory, do not realize that in the process they are incurring deep psychological and political defeat. The image of America will never again be the image of revolution, freedom, and democracy, but the image of violence and militarism. (King) This is characteristic even of the earlier proponents of colonization, whose methods and ideologies

Thursday, September 26, 2019

Technical Communication Analysis Assignment Example | Topics and Well Written Essays - 1250 words

Technical Communication Analysis - Assignment Example Introduction to Hardware specific organization: Cisco is an American based multinational entity which specializes in the field of networking and internet connections on local and wide area network levels. It also provides solutions to enterprises of different kinds namely businesses, information technology, governmental organizations and various other sectors. The services provided by Cisco are up to the customers’ requirements fulfilling the factors of quality of Service factor, security considerations fulfillment, I.P solutions provision, and various other online resources sharing and connectivity. Differences: While the first paper (Routers) provides technical details, the second one is specialized and focuses on the guidelines to be followed. The clinical document further provides descriptions and stresses on the importance of documented works, records keeping which will facilitate the work in longer run and at the same time bring about more consistency in the working patt ern in health care sector. While one of them is core technical in its outlook, the second one is relatively easy to comprehend even for the ordinary reader, The first paper provides details such as the capacity, the technologies incorporated in each of the router, the range supported by each of the router and other details. The advantages served by each of them and also the shortcomings that each of them may suffer from. The clinical paper talks of the newsletters, magazines, and other periodicals which will serve to promote awareness and provide details about how the clinical sector operates, what possible improvements are possible and what efforts are being undertaken in this regard. The second notable feature of the clinical paper is the formulation of regulation pertinent to the contracts being made and the payers and other stakeholders. The clinical report provides dates on which various regulations were adopted and later on put into effective action for practical applicability in health care domain. Difference is in the form of the type of people who may have made this report. The router based report is pure work of technical experts, while the latter is more of the policy makers’ work. Other notable difference in each of these papers is relevant to the fact that the clinical paper recommends changes and in the policies through its study, while the technical report of routers does not explicitly mention any need for change as such. The clinical paper contains the area of history recording, which is relevant to the patients history, their family, their hereditary diseases if any, such historic event is missing or unaddressed in the routers related paper. Similarities: The similarities are that each provides details as to how they operate and how they facilitate connection establishment as in case of first paper, and the second in case of how to make the health care sector more vibrant. Other similarity in each of them is that of introduction to the field, although the first one is relatively technical, the second one is relatively easily to comprehend. Each of them is made to provide guidelines and the basic know how of each of the sector. Architecture design specialties: The architectural designs contain terms and concepts relevant to its usage and application. While security, customer needs fulfillment, quality

Investigation of the june 3, 2006, collapse of Grandview triangle Essay

Investigation of the june 3, 2006, collapse of Grandview triangle bridge in Kansas City, MO (crane accident) - Essay Example The bridge deck was manufactured of nine concrete and a thick slab. The bridge had 12 spans of different length, whereby, the central girders were held in place by bents. The bents used to hold girders in place were made up of concrete. There were 11 bents in place connecting from east to west. On the other hand, girders were situated between flanges United (States Department of Labour, 2006). The picture below indicates that the bridge was made in such way that it appears as non-disjoint beam. As part of the Grandview Triangle development plan, the Montessori Department of Transport was awarded contract to vandalize old bridge including their bents. Further, the contract involved constructing new bridges as soon as the old ones were demolished. The Track Hoe Crane Company were the manufacturer of Track hoe Crane that was involved the accident on 3rd June 2006 accident at Kansas City during demolition process of the old buildings. The track hoe crane had an approximate height was estimated to be eighty five percent above the old bridge that was being demolished. On the contrary, the crane used in this demolition was weighing approximate seventy two thousand and eight hundred pounds. In addition, the load of the hoe crane had a capacity of 18percent during the collapse of the bridge (States Department of Labour, 2006). Various factors were involved in this accident. The following are the factors involved in the accident; the location of the hoe crane, the girder, expertise of the construction engineers who were involved in the demolition of the old bridges. It can be observed that the location of the crane was an important factor that contributed to the accident. The crane was placed located at the midst of the bridges, such location and the pressure that was being employed by the cranes led to the accident as the force was not uniformly distributed. Further, the pressure of above eighteen percent above the strength of the yield was quite

Wednesday, September 25, 2019

Cold War and Consumerists Mass Culture Essay Example | Topics and Well Written Essays - 2000 words

Cold War and Consumerists Mass Culture - Essay Example . The constraints resulting from World War Two and Great Depression led to a frustrated consumerism situation even more than the capitalist system rejection. The new consumerism had led most Americans and policy makers to believe that the under consumption situation in the country was the main cause of the slump. The government policy after the war had encouraged mass purchasing power instead of coming up with measures to equalize the wealth distribution. Consumer society had become a positive communism answer during the cold war. Despite the relations between freedom and consumption in these years, consumerism of the post war era was domesticated rather than hedonistic. It focused more on the nuclear family and suburban homes (Chafe 107). The period between 1960 and 1980 witnessed a number of challenges and changes making the consumer society stronger than ever. Among the challenges included the counterculture challenge on consumerism premises. The specter scarcity brought into question the cornucopia performance upon which the consumer society depended on. The consequent of this challenge was that consumption ended up being more ubiquitous. The socially and individualistic fragmenting consumerism existing today is believed to be rooted on the critique of consumerism that took place in 1960’s. The countercultural figures critiqued idealized and conformity indicates that most Americans preferred to achieve the authenticity through consumption (Breines and Breines 78). Consumerism began to modify its mass production practices in favor of segmented and flexible production in the demographically distinct markets. Consumerism has since then become adoptable to the hip and green. A good example of this is the energy situation crisis in 1970’s when politicians considered the shortage as being as a result of over production. This was rebuked as being naysayers. Consumerist trends toward fragmentation and individualistic consumptions have accelerated in the recent years leading to market triumphant. The resulting radical faith in the market virtues led to politicians to put moral gloss on the market culture unfettered growth in the 1980s. Consumerism also helped in the integration of the diversity of the inhabitants youth mass culture and cynical marketers through the equal division of multicultural segmented demographic units. This led to the shift from a spirited and integrative public popular culture to an increasingly solipsistic and privatized commercial culture in the early twentieth century (Bloom and Breines 142). Consumerist during this era adopted an ideological medal that adopted an unquestioning approach towards the production uses. This resulted to an increase in self-conscious ness in the manipulation

Tuesday, September 24, 2019

Native Americans Assignment Example | Topics and Well Written Essays - 250 words

Native Americans - Assignment Example Albanese (36) explains that Native Americans have responded positively to other religions assimilating some foreign practices, integrating religions, or conversion to new religion. Any of the three actions demonstrated compatibility, in either principles or beliefs, between Native American religions and religions among immigrant groups, and therefore suggests possible religious effects on the immigrant groups. Commonalities within the native religions, that distinguished them from foreign religions is another aspect that establishes the traditional religions as a microcosm for other religious adaptations. Even in their interactions with other religions, the native religions have sustained their identity, with peyote religion as an example (Albanese 37), and this shows that immigrant groups would monitor religious interactions for sustainability of their respective religious identities. Identity aspect of commonalities within religion would influence religions to establish distinct values for sustainability among other religions. Existence of relationship with a supreme authority, which is common among the Native American religions and other religions such as Christianity (Albanese 23- 25), is another illustration of the native religions as a basis for understanding possible religious adaptations among immigrant groups. The groups’ changes in religion would therefore be limited to such relationships with supernatural beings. Existence of distinct practices and beliefs among the native religions and foreign religions, together with compatibility into systematic religious interactions for sustaining religious identity are therefore microcosm for understanding religious adaptations of immigrant

Monday, September 23, 2019

Thomas Hobbes and John Locke in Social Contract Theory Essay

Thomas Hobbes and John Locke in Social Contract Theory - Essay Example In these two books, Locke and Hobbes’ views on the social contract can be studied. Although Locke and Hobbes differ in their arguments and perceptions of social contract, they both agree that, in the state of nature, people will be more willing to choose state protection over their liberty. This is the core of social contract theory (Morris, 1999). In the social contract theory, both Hobbes and Locke argue that the state of nature is more likely to experience chaos. However, Locke views the state of nature and natural law from a more positive perspective as compared to Hobbes. Hobbes on the other side argues that highly egoistic people, whose probability of initiating war is very high, inhabit the state of nature. The function of Hobbes and Locke’s social contract theory was to serve as a way of citizens’ rights protection. However, these two differed on the manner in which this could be conducted. While Hobbes thought that a central authority could be responsible for the protection of citizens’ rights, Locke thought that division of power was necessary so that all citizens, including those in authority are held accountable to the law in society (Mack, 2009). Hobbes and Locke similarly address the roots of civilization using their concept of the state of nature. This is a term in political philosophy, which refers to the society without the emergence of the government system. Hobbes describes the state of nature as devoid of rule of war and inhabitants live in fear of death, and in brutality. He links brutality in the state of nature to the lack of rights, including property rights. Therefore, in this state, enmity between people crops from the competition for resources, as there are no rules that determine the legitimacy of property ownership by people. However, Locke’s view on the state of nature sharply contrasts Hobbes’ view. Locke thought that a central authority is not responsible for

Sunday, September 22, 2019

Issues in special education Essay Example for Free

Issues in special education Essay Legal disputes between parents and school officials can be very costly. The cost is not just in dollars. It also involves costs in terms of the diversion of resources, the toll on school personnel, and, most importantly, the breakdown in the relationship between the parents and the school. The best way to deal with a legal dispute is to prevent it from occurring in the first place. In 1975 Congress passed landmark legislation designed to provide the nations students with disabilities with unprecedented access to educational services. Originally known as the Education for All Handicapped Children Act (1975), that legislation is now known by its new title, the Individuals with Disabilities Education Act (1997). The statute, as amended, calls for school districts to provide students with disabilities with an appropriate education in the least restrictive environment. The law also provides students with disabilities and their parents with due process rights, including the right to contest school district decisions regarding the provision of a free appropriate public education. Consequently, since the enactment of the law in 1975, literally thousands of lawsuits have been filed challenging school district decisions. The IDEA is not the only law governing special education in the schools. In addition, section 504 of the Rehabilitation Act and the ADA provide students with disabilities with additional protections. Section 504 prohibits discrimination against individuals with disabilities by recipients of federal funds. The ADA expands section 504s discrimination prohibition to the private sector, but includes provisions applicable to public entities. In addition, all states currently have laws governing the provision of special education. Procedural issues Evaluation and Classification The IDEA requires states, and consequently school districts, to establish procedures to assure that all students with disabilities are properly identified and evaluated (IDEA, Â § 1412, a, 2, 1997). Those procedures, along with the test instruments chosen, may not be culturally or racially biased. In fact, students whose language or mode of communication is not English, must be evaluated in their native language or usual mode of communication (IDEA, Â § 1414, b, 3, 1997). The IDEA stipulates that all assessments are to be administered by trained personnel in conformance with the instructions provided by the test producer (IDEA, Â § 1414, b, 2, 1997). If a student is found to be eligible for special education, the school district is required to develop an individualized education program (IEP) for that child, but the IEP can be invalidated if it is based on a flawed evaluation of the child (Bonadonna v. Cooperman, 1985). The student is entitled to an independent evaluation if the parents disagree with the school districts evaluation. However, the school district is required to pay for the independent evaluation only if the parents can show that the districts evaluation was not appropriate. If the parents do obtain an independent evaluation, the school district must consider the results of that evaluation (Assistance to the States, Â § 300. 503, 1999). However, that does not mean that the school district must adopt the recommendations of the independent evaluator (G. D. v. Westmoreland School District, 1991). Rights of Parents and Guardians Parents are given considerable due process rights on behalf of their children in the special education process. The intent of the IDEAis for them to become partners with school district personnel in the development of IEPs. The school district must provide the parents with proper notice before it proposes to take any action regarding the childs identification or placement (IDEA, Â § 1415, b, 3, 1997). The parents must be invited to participate in all meetings in which the students evaluation or placement will be considered (Assistance to the States, Â § 300.345, 1999). If the parents disagree with any decisions made by school district personnel, they may seek resolution either through voluntary mediation or an administrative due process hearing. If the parents disagree with the final result of the administrative hearing process, they may appeal to the federal or state courts (IDEA, Â § 1415, 1997). Failure to provide parents with the rights outlined in the IDEA can invalidate an otherwise appropriate IEP (Osborne, 1996). Change in Placement Procedures Once a child has been placed in special education, that placement may not be arbitrarily changed. Again, before any change in placement may occur, the parents must be given proper notification. The childs placement also may not be changed while any administrative due process or judicial proceedings are pending absent parental consent or a court order (IDEA, Â § 1415, j, 1997). The actual determination of what constitutes a change in placement can be tricky. For example, if a special education classroom was physically moved from one school to another as part of a school district reorganization, that would not be considered a change in placement as long as the students IEP could be fully implemented in the new location. By the same token, the usual movement of a student from one level to another (i. e. , elementary to middle school) is not a change in placement if the students IEP can be fully implemented after the change (Osborne, 1996). However, any move that would affect the IEP or its implementation would be considered a change in placement. Obviously, changing a child from a resource room situation to a substantially separate class for students with behavioral disorders would be a change in placement. The elimination of a component of the students educational program would also constitute a change in placement (Abney v. District of Columbia, 1988). Minor changes are allowable, however. The key to determining whether or not the change is acceptable is how the modification will affect the students learning (DeLeon v. Susquehanna Community School District, 1984).

Saturday, September 21, 2019

The Use of Biochemistry in Forensic Science

The Use of Biochemistry in Forensic Science Biochemistry is of great utility for Forensic Science investigations, with the biochemical technique of DNA fingerprinting being of particular importance. The development of the biochemical techniques for DNA sequencing allowed the genomes of organisms to be sequenced (Berg et al, 2002: Prelude). As a result, genetic markers can now be used to identify individual members of a population (James and Nordby, 2005: 283). This capacity is clearly beneficial in forensic investigations. However, despite their utility, biochemical techniques must be applied with caution in forensic science. The results of biochemical techniques used in forensic science can have serious implications for the lives of individuals. I will demonstrate both the value and limitations of using biochemistry in forensic science through focussing upon the use of Low Copy Number (LCN) DNA typing in forensic science. LCN DNA profiling Introduction The development of LCN DNA profiling provided forensic scientists with the capacity to analyse minute quantities of DNA. The technique is sensitive enough to analyse just a few cells (Gill, 2001: 229). This technique is therefore of particular benefit when investigating serious crimes for which there is limited evidence available (FSS, 2005a: no pagination). An example is provided by the forensic investigation which followed the 2001 murder of Peter Falconio in Australia. The evidence base was severely limited as no body was found. However, very small quantities of DNA were discovered inside the hand ties which had been used during the attack and on the gear stick of the victims van (FSS, 2005: no pagination). The use of LCN DNA profiling enabled this evidence to be linked to Murdoch, who was already suspected of the murder (FSS, 2005: no pagination). LCN DNA analysis was also crucial in solving a documented murder in Northern Italy. Although no trace evidence was discovered on the victims body or at the scene of the crime, a search of the victims car provided blood stains, sweat and skin samples. The small amounts of DNA yielded by these samples provided profiles which were identical to that of the saliva obtained from the suspect (Pizzamiglio et al, 2004: 437). When confronted with this evidence, the suspect confessed the crime (Ibid.). The biochemical technique The increased sensitivity of the LCN technique is achieved by increasing the number of polymerase chain reaction (PCR) amplification cycles used (Gill, 2001: 229). Although optimum efficiency is attained by using no more than 28-30 PCR amplification cycles (Ibid.), a variety of studies have yielded useful results using more cycles. Findlay et al (1997) obtained profiles from single cells by using 34 cycles; Wiegand et al (2000) analysed epithelial cells which had been transferred from the assailant during strangulation using 31 cycles and Van Hoofstat et al (1998) analysed fingerprints from tool grips by using as many as 40 cycles. The increased sensitivity offered by this technique is incredibly beneficial for forensic science investigations. The key tenet of forensics is: every contact leaves a trace (Locard, 1910). By enabling the analysis of barely visible samples, LCN DNA profiling increases the investigative power of forensic science (Hoffman Wulff, 2006: 2). However, with this increased sensitivity comes increased risk of misinterpretation. For example, the highly sensitive technique may reveal DNA from sources other than the sample analysed and the results must be interpreted with extreme caution (Gill, 2001: 229). The limitations of the technique will now be explored in detail. Limitations of the technique 1. Experimental errors Due to the increased number of PCR cycles used for LCN DNA profiling, there is an increased likelihood of experimental errors, which may significantly affect the DNA profiles obtained (Budowle, 2001). These experimental errors include: preferential amplification of alleles (causing allele drop out), the appearance of false alleles when stutters are preferentially amplified and the preferential amplification of alleles which are present because of contamination (Gill, 2001). As a result of these experimental errors, it is difficult to validate the results of LCN DNA typing (Budowle et al, 2001: 2). Because experimental errors occur randomly, the results of LCN DNA profiling are not reproducible and replicate analyses can produce different DNA typing results (Gill, 2001). In addition, because the established interpretation thresholds for DNA analysis are too large to apply to the LCN technique, there is no stochastic threshold for use when evaluating the results of LCN processing (Hoffman Wulff, 2006: 2). Thus, the number of alleles required in order to establish likeness is open for debate (Budowle et al, 2001). 2. Contamination Alongside awareness of the possibility for experimental errors to reduce the accuracy of LCN DNA profiling, it is important to consider the impact of evidentiary contamination. There is a high risk of DNA contamination before, during and after the forensic event under consideration, which reduces the accuracy of the technique. Although there is also a risk of contamination when undertaking standard DNA analysis, it has less impact upon the results of the profiling. As adventitious transfer and contamination usually involve only low levels of DNA, their effect upon the profile obtained by standard DNA analysis is minimal (Gill, 2001: 231). However, in LCN DNA analysis, the low levels of DNA from contamination pose a far more significant problem. As the essence of the technique is the detection of minute levels of DNA, there is a far greater likelihood of contamination DNA having a substantial effect upon the profiles obtained. Due to the sensitivity of the technique, both background l evel DNA and DNA from casual contact will be detected (Budowle, 2001: 2). This is most problematic, as these contaminants cannot be removed physically or statistically. Because there is no way that the movements and contacts of the victim before, during and after the crime event can be assessed and accounted for, the possibilities of adventitious transfer cannot be directly ascertained (Gill, 2001: 230). The possibility of secondary transfer ought to also be acknowledged. Theoretically, secondary transfer means that extraneous DNA could be carried by the perpetrator and deposited at the crime scene. Van Oorschot and Jones demonstrated that DNA can be transferred from objects to hands (1997). Although the likelihood of such transfers is contested, such secondary transfers could result in the deposition of a multi-source sample at a crime scene (Phipps and Petricevic, 2007; Ladd et al, 1999). It may be very difficult to establish whether a true mixture of DNA profiles exists when using the LCN technique (Hoffman Wulff, 2006: 2). Therefore, it is important to acknowledge that evidence may include a mixture of DNA profiles, which may include disinvolved individuals, the perpetrator and crime scene investigators (Gill, 2001: 230). Such a possibility greatly complicates interpretation and means that the results obtained could well be flawed. When the results provided by the technique may a ffect the liberty of an individual, it is particularly important that limitations and possibilities for inaccuracy are acknowledged. Difficulties related to contamination are made even more significant as a result of the considerable lack of understanding about the issues of the transfer and persistence of DNA, which constrains scientists ability to statistically account for DNA contamination (Gill, 2001: 230). There are significant differences in DNA deposition between individuals and as some are better than others at shedding DNA, decay rates are unpredictable (Phipps and Petricevic, 2007: 167; Lowe et al, 2002). For example, Murray et al (2003: 780) found that good DNA shedders would come to form the major component of the DNA mixture found on a second hand watch strap after only several days. By contrast, poor shedders took as long as two weeks to comprise the majority of the DNA in the mixture (Ibid.). Similarly, van Oorschot and Jones (1997: 767) demonstrated that; when a number of individuals handled objects, the dominant DNA profile was not always that of the individual who last held the object. Rather, th e dominant DNA profile was dependent on the shedding ability of individuals (van Oorschot and Jones, 1997: 767). However, identifying individuals as being either good or poor shedders is not possible, because the shedding ability of a given individual does not remain consistent. Indeed, variable factors have been demonstrated to affect the amount of DNA deposition. Phipps and Petricevic (2007) established that DNA deposition is affected by factors such as whether contact is made by the dominant or non-dominant hand and the time since the hand was last washed. Therefore, as the transfer and persistence rates of DNA are impossible to establish, LCN DNA profiling cannot provide an indication of when DNA deposition occurred. As such, both awareness of and further research into the multiple factors which influence DNA shedding is required (Phipps and Petricevic, 2007; Hoffman Wulff, 2006). Further contamination can occur during the collection of evidence. Forensic evidence is generally collected in uncontrolled environments, by police officers whose training in preserving the integrity of biological samples is, at best, limited (Lynch, 2003: 96). This factor becomes especially problematic when using LCN DNA analysis, as the small sample size greatly increases the risk of contamination. Given that LCN DNA analysis ought only to be undertaken in sterile environments, where equipment and furniture must be frequently bleached, the quality of the collection of the sample is very important (Gill, 2001: 229). Although laboratory standards cannot be expected, the evidence must be reviewed with an acknowledgement of this limitation. In the UK, Regina v. Hoey in 2007 demonstrated the potential impact of these limitations. The basis for Hoeys 2003 conviction for 29 murders during the Omagh bomb attacks was the evidence obtained from LCN DNA profiling. However, the conviction was then overturned on appeal in 2007, as the appeal established that the DNA evidence had been handled in a thoughtless and slapdash fashion (Weir, 2007: 23). Although this example displays that evidence which has been treated incorrectly may be dismissed at appeal, it is crucial to note that evidence ought to be presented alongside information about the potential limitations of its accuracy, as grave miscarriages of justice may otherwise result. Due to the limitations of the technique, analysis of the results of LCN DNA analysis must only be done with an awareness of the special considerations about the potential inaccuracy of the technique (Gill, 2001: 229). It is crucial that both forensic scientists and courtroom staff are aware that LCN DNA evidence is inextricably linked to a higher likelihood of achieving adventitious likenesses or exclusions than standard DNA profiling (Gill, 2001: 230). This is clearly problematic when the results of the technique are being used legally, as incorrect outcomes have devastating and untenable consequences (Morgan and Bull, 2007a: 43). Although it may be possible to statistically account for experimental errors in the future, it will remain crucial to acknowledge the potential for personnel to make mistakes. In U.S. V. Llera-Plaza in 2002, an FBI scientist stated: error rate is a difficult thing to calculateà ¢Ã¢â€š ¬Ã‚ ¦ to say theres an error rate thats definable would be a misreprese ntationà ¢Ã¢â€š ¬Ã‚ ¦ the method is one thing, people making mistakes is another issue (Saks and Koehler, 2005: 894). 3. Problems with interpretation DNA profiles (both normal and LCN) are often not interpreted correctly. Although DNA evidence ought to only be used to exclude, matches are commonly referred to. For example, following the 1981 murder of Marion Crofts, the UK Forensic Science Service contended that a LCN DNA profile found on the victims clothing matched that of the suspect Jasinskyj (FSS, 2005). Similarly, in U.S. v. Byrd, a forensic scientist for Pennsylvania State Police testified that it was 99% likely that the DNA obtained from the murder implements matched the DNA of Byrd and his victim (Hoffman Wulff, 2006) Despite the fact that DNA analysis superseded techniques such as handwriting analysis and lie-detector tests which were less scientific, it remains important to acknowledge the errors of interpretation which may still occur with the newer techniques (Lynch, 2003). Although the methodology underpinning DNA analysis is scientifically sound and has a firm theoretical basis (Broeders, 2006: 152), using procedures which are commonplace in biomedical research (Lynch, 2003: 95); forensic science remains an applied science. As such, although the results of the biological process may be sound, the inferences made from these results could still be incorrect. This consideration is especially relevant for LCN DNA analysis, where an apparently matching profile can be obtained through contamination of the evidence. Matches and categorical identifications are impossible throughout the realm of forensic investigation, unless the number of potential sources is limited and known, (Broeders, 2006: 153). Although the probability of individuals exhibiting high levels of DNA similarities is considered to be vanishingly small (Broeders, 2006: 155), DNA characteristics are nevertheless class characteristics and thus cannot individualise (Thornton and Peterson, 2002). Only where reference to an indefinitely large set of alternative potential sources has been made, can the Huberian principle of individualisation be exercised (Broeders, 2006: 153). This invokes the classical induction problem, that individualisation from DNA analysis would require the analysis of everyone who has ever lived, is living and will ever live. As such, DNA can only provide a probabilistic conclusion that the profile matches that of the suspect (Broeders, 2006). However, correct forensic procedure would only ever assess the simila rity of DNA profiles after failing to exclude them (Budowle et al, 2001). As Stoney so eloquently highlighted, what made us ever think we could individualise using statistics? (1991: 197). Thus, using DNA profiling for identification rather than exclusion overlooks the very nature of DNA profiling as a classification process and also contradicts one of the key tenets of forensic science: when undertaking comparison of samples, exclusion should be sought rather than a match (Morgan and Bull, 2007: 86). As a result of the increased sensitivity of LCN DNA analysis and the risks detailed above, strictly adhering to the principle of exclusion is especially important. However, it is evident that current use of LCN DNA typing does not always fulfil this key philosophy of forensics. The expectation of obtaining DNA matches has been further complicated by the CSI effect, which has led to juries placing increased trust in the expert witness and contributed to the incorrect idea that forensic science is infallible (Morgan and Bull, 2007a). Although LCN DNA typing uses scientific techniques, in the courtroom credibility is fashioned and undermined in testimony (Lynch, 1998: 829). As the judge and jury are unlikely to be familiar with scientific theory and practice (Morgan and Bull, 2007a), the jurys status as a susceptible body of individuals, whose judgment may have been affected by media portrayals of powerful and successful forensic techniques becomes most significant (Morgan and Bull, 2007a: 44). Although courts tend to place their trust in the expert witness (Lynch, 2003), incorrect expert testimony has been cited as a contributor in 63% of wrongful convictions (Saks and Koehler, 2005: 893). Adherence to the exclusionary principle is therefore particularly impo rtant, especially due to the sensitivity of LCN DNA profiling. The CSI effect has also increased juridical expectation for evidence to be presented. Juries now often demand unreasonable levels of physical evidence in order to reach a verdict (Morgan and Bull, 2007: 84). Negative evidence expert witnesses may even be called upon to explain an absence of evidence in a trial (Hoffman Wulff, 2006). Indeed, the increased sensitivity of detection provided by LCN DNA analysis may act to further such expectations. However, it is important for forensic scientists and courtroom staff to remain mindful that contacts that are unrelated to the forensic event may have transferred enough DNA to be detected by LCN analysis. 4. The Courtroom Although DNA profiling utilises scientific techniques and may thus appear to be an objective procedure, the evidence itself remains silent and must be given a voice in the courtroom (Jasanoff, 2006: 330). As such, the objective science has to be represented. This need for representation renders the courtroom a sociology of knowledge machine, within which uncertainty can be produced (Lynch, 1998: 829). Indeed in 1995, U.S. v. Simpson, saw the defendant being exonerated after his star-studded legal team exploited every weakness in the process of evidence translation from crime scene to courtroom. (Jasanoff, 1998: 715). As there are so many limitations to consider where LCN DNA profiling is used, it is possible for lawyers to use strategically deployed language and powerful visualisations of evidence to dramatically influence legal proceedings (Jasanoff, 1998). There is therefore a strong argument for controls on evidence integrity and expert quality to be implemented, as seen in the U.S. legal system. Frye v. United States, 1923, constitutes the principal control on evidence in the American courts, defining expertise as: that which has gained general acceptance in the particular field in which it belongs (Saks and Koehler, 2005: 894). Regulations such as these are urgently required in the UK, where novel scientific techniques are currently accepted, without special scrutiny (Ormerod, 2002: 774). It is perhaps telling that LCN DNA evidence is considered admissible in UK trials, but used only as a last resort in a US criminal case (Hoffman Wulff, 2006: 4). Conclusion This essay has argued that, although biochemistry is undeniably of great utility for forensic science, the bridge between a laboratory science and an applied science must be carefully negotiated. This argument has been demonstrated through a focus upon the limitations of the use of LCN DNA profiling. However, although convicting a suspect solely on the basis of LCN DNA evidence would not be wise, doing so would also contradict a key tenet of forensic analysis: the need to employ a number of independent techniques (Morgan and Bull, 2007: 86). The limitations of LCN DNA analysis would be greatly reduced in significance if the findings are supported or contradicted by evidence from other techniques, as dictated by the philosophy of forensic science. This paper has demonstrated that the limitations of LCN DNA typing are considerable, however adhering to the tenets of forensic investigation will mean that these limitations are highly likely to become exposed or negated.