Respiratory System: Purpose and Physiology

Respiratory System: Purpose and Physiology The purpose of the respiratory system is to allow gas exchange throughout all body parts of most animals. The evolution of the respiratory system is responsible for different respiratory structures in diverse animals and it has allowed them to keep up with their oxygen demands. It functions by removing carbon dioxide from the lungs and replenishing it with oxygen. In this paper I will compare the respiratory system of Tursiops truncatus and Chelonia mydas. The bottlenose dolphins (Tursiops truncatus) are warm blooded mammals that live all of their life in the ocean. Tursiops truncatus are from the kingdom Animalia, class Mammalia, order Cetacea, and family Delphinidae. They belong to the genus Tursiops and species truncatus. On the other hand, the Chelonia mydas are cold blooded reptiles that live most of their life in the ocean but return to the land to lay their eggs. The Chelonia mydas are from the kingdom Animalia as well, and just like the Tursiops truncatus, they both belong to the phylum Chordata. Also, Chelonia mydas are from the class Reptilia, order Testudines, family Cheloniidae, genus Chelonia and species mydas (Lecointre, 2007). The Tursiops truncatus and Chelonia mydas spend their lives in the ocean and spend a vast amount of time submerged in water and yet the physiology of their respiratory system varies greatly, however; their lung capacity, and gas exchange methods, can be found to have certain similarities (Reynolds, et. al., 2000, Spotila, 2004). The physiology of respiratory system of the Tursiops truncatus and the Chelonia mydas are dissimilar in many aspects. To begin, Tursiops truncatus do not breathe through their mouths, instead they breathe through a blowhole which is located at the top of their head (Reynolds, et. Al., 2000). Also, Tursiops truncatus are involuntary breathers, which mean that they have to constantly remember that they have to go to the surface and breathe. If a dolphin ever goes unconscious it will suffocate and drown. The position of the blowhole allows dolphins to go to the surface and only expose a small region of the head into the air to breathe. This allows the Tursiops truncatus to swim and breathe at the same time. The blowhole is the outer component of their respiratory system and it contains muscles that surround it which allows for the skin at the top of their blowhole to open and close, it is known as the nasal plug. The nasal plug helps prevent water from coming in when the Tursiops trunca tus is underwater. Also, their respiratory system is completely separate from the digestive tract, therefore; only air gets into the lungs and it doesnt get obstructed by food or water. The lungs of dolphins are not bigger than the lungs other land mammals, which mean that their lung size doesnt play a role in how much oxygen is absorbed. On the contrary, Chelonia mydas breathe through their mouth. Their respiratory system is composed of the right and left lungs; they also contain a glottis, a bronchus, and a trachea. The glottis is positioned right after the tongue. It opens when the turtle is breathing and it closes when the turtle holds its breath. The trachea is situated after the glottis and splits into the two bronchi. The two bronchi extend to the lungs. The bronchi serve as a passage which allows for air to enter the lungs and exit the same way. The bronchi continue to split throughout the lungs giving rise to the alveoli. In the alveoli sacs is where most of the process of gas exchange takes place. Turtles dont have a diaphragm to help them with ventilation of the lungs and instead they use ventral muscles which are located at the pelvic and pectoral girdles area. The lungs of Chelonia mydas are complex since they are multi-chambered; this increases their pulmonary resistance, thus allowing them to stay subme rged under water for many hours. The pressure of being underwater helps turtles breathe out and the ventral muscles help them breathe in. Further, even though there is a difference in the physiology of the respiratory system of the Tursiops truncatus and the Chelonia mydas, their lung capacity shows some similarities. Tursiops truncatus have very efficient lungs because they have a great amount of tidal volume due to the amount of alveoli cells that they contain in their lungs. They also have very elastic tissues in their lungs, and this elasticity accounts for their great lung capacity. Tursiops truncatus can exchange more than three fourths of their air volume in a single breath. They can dive for periods of about 15 minutes at a time but their lungs cannot retain great amounts of oxygen and therefore they cannot stay underwater for prolonged periods of time. In addition, Tursiops truncatus can dive deep into the ocean for more than 150 meters. Around this depth their lungs subside causing an increase in blood pressure, which is fatal to humans, but Tursiops truncatus manage to slow the pressure before it gets to the brain. Also, after diving big depths and going to the surface to breathe immediately one would expect Tursiops truncatus to feel sick after such decrease in pressure but they experience no side effects because they hold their breath while diving. Chelonia mydas also have tidal volume which helps them breathe faster and exchange gas in a more effective manner. They can exchange about half their air volume in a single breath. Additionally, they can stay under water for many hours. This adaptation is possible due to the fact that they are cold blooded and have a slow metabolism which slows their heart rate for about seven heart beats per minute allowing them to be able to conserve more oxygen. However the lungs become compressed as they move down and as a result they also lose buoyancy. To account for this the Chelonia mydas become naturally buoyant at certain depth thus allowing the lungs to be able to retain more oxygen. As a result, the deeper that Chelonia mydas dive the more their oxygen storing capacity increases, Further, the gas exchange of the Tursiops truncatus and Chelonia mydas has some similarities and differences. First, the Tursiops truncatus have made adaptations to their circulatory system which has allowed them to store oxygen more efficiently and to use it more effectively. Tursiops truncates have lungs that contain many alveoli, which are air cells, thus making gas exchange in them occur much faster. Tursiops truncates store oxygen in their blood and muscles because during long dives the oxygen can be accessed easily. Additionally, Chelonia mydas have made adaptations to be able to withstand long periods of dives under water. The major mechanism for gas exchange in the Chelonia mydas is the lung, however; the ability of their blood to uptake large amounts of oxygen is also very important for gas exchange. Chelonia mydas can tolerate high amounts of carbon dioxide in their blood. In conclusion, Tursiops truncates and Chelonia mydas share certain characteristics and differences when it comes to their respiratory system. The physiology of their respiratory systems is very different from each other since Tursiops truncates dont breathe through their mouth and Chelonia mydas do. However, their lung capacity and gas exchange mechanisms can be said to be fairly similar. Tursiops truncates and Chelonia mydas store oxygen in their blood to use during periods of long dives. Also, they can effectively exchange more than half of their air volume in a single breath (Reynolds, et. al., 2000; Spotila, 2004). It is important to learn about the respiratory system of these animals because knowing how they live will help ensure their survival and give us a better understanding of their needs.

Ethics Answers Essay

1)  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Yes, I agree with Emmanuel Kant. It is said that a man’s worth is measured by how much he helped others to ease their burdens, and acted with compassion for the well-being of the majority. But first, he must preserve his integrity and self-respect before he can serve his fellow man. As Kant stated, one who transgresses against himself loss his manliness and becomes incapable of doing his duty towards his fellows. The most important duty to us is the preservation of one’s life and dignity.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   2)  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Yes. Certainly, suicide is abominable. And Kant’s arguments against suicide are very convincing and tenable. We, as human beings, are vested with the gift of willpower, the freedom to choose things that make us happy and contented. It would be a waste if this willpower is used as a means to destroy one’s very life. Suicide defeats the purpose of what makes us human, that is to serve others and dignify one’s life.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   3)  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In this instance, the Congressman lost his self-worth in two ways; one, by accepting bribe, and the second by being drunk. Because a man’s worth is by doing his moral duty to himself and others, this duty would not be attained because he transgresses against himself. Kant observed that he who transgresses against himself loses his manliness and become incapable of doing his duty towards his fellows. A man who fails in his duty to himself loses worth absolutely.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   4)  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Worth in Emmanuel Kant’s concept is the capacity of an individual to perform his moral duties to himself and others. It is a man’s over-all personality. Thus, a man who has destroyed and cast away his personality, has no intrinsic worth, and can no longer perform any manner of duty to himself and to his fellow human being.

An Author’s Life Is Reflected in Their Works

I strongly believe that an author’s life is reflected in their works. Well-known authors all over the world claim that important events in their lives are mentioned in the books they write. Tessa Duder said that her sailing experience inspired her to write about some children sailing together in her short story Too Close to the Wind, Patricia Grace wrote Beans based on the sports she played with her relatives when she was little, and The Lumber Room reflected the revenge Saki used to play on his aunts. Tessa Duder, Patricia Grace, and Saki are examples of authors whose lives are reflected in their works. Let’s take Saki, for example. His mother died when he was very little. Saki was looked after by his grandmother and two strict aunts Charlotte and Augusta throughout his childhood. Living with them was a nightmare for Saki, as he often took revenge on them when he was little, just like Nicholas in The Lumber Room and Conradin in Sredni Vashtar. Saki also cared for wild animals. His love for animals was shown in his famous short stories, The Lumber Room, Sredni Vashtar, The Open Window and Tobermory. Saki loathed people in mid-upper class in Britain in the 1900s. He thinks that all they care about are themselves. He didn’t write about them with kindness in The Easter Egg, and used a talking cat to embarrass them at a tea party in Tobermory. Saki’s health was very fragile when he was little. The doctor said neither him nor his siblings would survive into adulthood. His delicate health was reflected by the main characters in Sredni Vashtar and The Easter Egg. From all those examples, it is clear that Saki’s life is reflected in his works. Patricia Grace is another author who writes about her life in her works. Her writing career started when she was 25 years old with children. She has a large family and she displayed her love for her relatives in Butterflies, It used to be Green Once, The Trolley and A Way of Talking. Patricia also honoured her Maori culture by using Maori words in three of her short stories that I’ve read. A Way of Talking is a clear example of Patricia’s feelings about racism in everyday life. In the story, Jane was making disparaging comments about Maori people in front of Rose, the same thing that happened when Patricia Grace was at primary school because she was the only Maori girl there. Fun times in Patricia’s life were also shown between the lines of her writing. Meeting up with her cousins in the weekends, playing sports and doing physical things were mentioned in The Trolley; It used to be Green Once and especially in Beans. The events that took part in Patricia Grace’s stories are based on events that happened in her life. Most of Tessa Duder’s characters are created based on her personality. When Christchurch Children’s Library interviewed her, Tessa said that she was good at sports and literacy when she was young, just like Moana in Moana’s Secret, Cindy in Cindy Becomes a Star and Michael in The Violin. Her personal tragedy was reflected in the Alex quartet. Both Tessa and the main character, Alex lost someone they love; which in Tessa’s case is her daughter Clare, and in Alex’s case her boyfriend Andy. Activities Tessa did when she was little were also reflected in her stories. When she was five years old she sailed on a sailboat from New Zealand to England with her family. Sailboats were mentioned in her novella Too Close to the Wind and her short story, Person Overboard. Without knowing what sailing is and how to sail, it is not possible for Tessa Duder to write about sailing in her stories. As a swimmer who trained for six years in her teenage life and the first New Zealand woman to train seriously in the Dolphin-Butterfly stroke first introduced in the 1956 Olympics, Tessa Duder wrote about swimming in three of her short stories and the Alex quartet is about a girl who trained very hard in order to take part in the Olympic Games in Rome. Tessa Duder’s life is clearly reflected in her works from the examples shown. An author’s life is reflected in their works. This statement is clearly proven with the British author who wrote 100 years ago and two New Zealand authors who still spend their time working on new book drafts. The storyline, the personality of the characters and the twist in the stories are often related to the events that happened in the author’s life. Through the eyes of a reader, I believe that their love for writing inspires authors to write. An author’s life is reflected in their works.

Law of Evidence Question - Free Essay Example

Sample details Pages: 13 Words: 3792 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? Abstract In this coursework I have paid particular attention on the Youth Justice and Criminal Evidence Act 1999(YJCEA) , Criminal Justice Act 2003 , Code D of PACE 1984 Code of Practice and cases such as Turnbull [1977] , R v Hanson [2005] , R v Vye [1993] and other relevant cases in order to solve this problem question based on criminal proceedings and interpret the statutes , the general rule and exceptions of hearsay evidence ,apply the case laws and critically evaluate and analyses them. In this given set of facts we need to discuss and apply the legal rules of evidence in the context of criminal proceedings specifically witness competence compellability, good character bad character, general rules of hearsay evidence and its exceptions with the proper application of Youth Justice and Criminal Evidence Act 1999 ( YJCEA) and Criminal Justice Act 2003 and relevant cases , journals , articles . . Don’t waste time! Our writers will create an original "Law of Evidence Question" essay for you Create order According to the facts Thomas is only 11 years old who saw two men putting electrical equipment into the boot of a white van. He along with Harry Jones identified Adam King as one of the men they saw at a video identification procedure .Now we need to focus on mainly whether Thomas is really competent to give evidence and even if he can, what type of evidence he will provide .As a child under 14 Thomas must give unsworn evidence.[1] In this essence the test for sworn testimony is set out in R v Hayes[2] which is unnecessary in this scenario .However, in R v MacPherson[3] the Court of Appeal held that a 5 years old child is competent in giving witness .Moreover, the evidence of children under 14 is to be given unsworn and that a childà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence must be revived unless it appears to the court that the child is incapable of understanding questions put to him and unable to give answers which can be understood.[4]The court must decide not whether he is competent on ground s of age but whether he is capable of giving intelligible evidence .It is submitted that a normal 11 years old child would be .The witnesses credibility and reliability are relevant to the weight to be given to his evidence and might well from the basis of a submission of no case to answer but they are not relevant to competence [5] . In delivering the judgment of the Court of Appeal in R v Sed[6] Auld LJ pointed out that section 53 does not expressly provide for 100% comprehension and in this case the Court of Appeal was much influenced by the earlier decision in R v D .[7]Allowance should be made on the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s performance .In this fact it may vary according to the subject matter of the questions, on the length of time between the events referred to by the witness and the date of the questioning and on any strong feelings that those events may have caused [8] as to whether Thomas is really competent to give evidence or not .Moreover according to the statute ther e is no minimum age for childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s to give evidence.[9] In this fact, Thomasà ¢Ã¢â€š ¬Ã¢â€ž ¢s parents informed the CPS that Thomas is nervous about giving evidence in court .In relation with this there is a possibility to use of Special Measures like to use screens[10], live link [11] , video recorded evidence in chief [12] , evidence to be given in private [13] by the prosecution.In this case the court can interview the child witness[14] and it could be a video interview if necessary [15] .It may be considered that Thomas might encounter special difficulty in testifying .Under section 16 (1) (b) and section 16 (2) of the YJCEA 1999[16] may give evidence by means such as live video link or pre à ¢Ã¢â€š ¬Ã¢â‚¬Å" recording . In R ( On the application of D ) v Camberwell Green Youth Court [17] the Divisional Court held that special measures provisions , here involving children , were compatible with article 6 ( 3 ) ( a ) of European Convention of Human Rights [18] which embodies the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s right à ¢Ã¢â€š ¬Ã‹Å" to ex amine or have examined witnesses against himà ¢Ã¢â€š ¬Ã¢â€ž ¢ .As person under 18 Thomas may also be eligible for special Measures Directions .Under section 21 ( 1 ) ( a ) of the Youth Justice Act and Criminal Evidence Act 1999(YJCEA)[19] as amended by the Coroners and Justice Act 2009 , the primary rule in requiring admission of a video interview as examination in chief and cross examination through a live link or video link [20]at trial , applies to all witnesses under 18 , regardless of the nature of the offence . However , under section 21 if the court determines that under the primary rule special measures would minimize the quality of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence then court can consider a screen which will be open for Thomas to elect to give oral evidence in chief or testify in the courtroom rather than using the live link or pre recorded police video [21].Under section 21 (4C) of YJCEA 1999 the court will consider some factors [22].Although Thomas is not in an age where he might be expected to be able to give live testimony as he is nervous in giving evidence in court according to the facts but he may be accompanied by an adult to provide support for example his mother who have no personal involvement in this case . Now we need to assess the admissibility of the identification evidence against George Smith .It mainly deals with Code D of PACE 1984 Codes of Practice.[23]Breaches of Code D sometimes can result in the exclusion of identification evidence under s.78 (1) of PACE. Because failure to comply with the provision in CODE D can affect the reliability of the evidence and reliability is an important consideration in the application of s.78(1).An important case on the consequences of non-compliance with the provisions of Code D is R vGorja (Ranjit)[24].Moreover if Code D do not justify the exclusion of identification evidence, they may require appropriate warnings to be given to the jury [25] .In order to avoid mistaken identification of a defendant by prosecution witnesses the Court of Appeal recommended a new approach by trial judges to deal with the problems of identification in Turnbull[26].The directions in this case only apply whenever the prosecution case depends à ¢Ã¢â€š ¬Ã‹Å"wholly o r substantially à ¢Ã¢â€š ¬Ã¢â€ž ¢on the correctness of one or more identifications of the defendant, and the defence alleges that the identifying witnesses are mistaken and in this case the prosecution substantially depends on the correctness on the identification of George. According to Shand v The Queen[27] the prosecution may argue that the Turnbull direction must be given where identification is based on recognition. Moreover, one witness Thomas already mistaken to identify George [28].But sometimes Turnbull is not required when a witness failed to recognize the suspect [29] and Thomas failed to recognize George.[30]In R v Forbes[31] it was held that the breach of Code D did not require the evidence to be excluded under section 78 of PACE. However , in this fact , Thomas failed to identify George[32].Moreover , George denied that he was involved in burglary[33].It could be argue that the identification procedure under Code D paragraph 3.12 is not necessary in this fact .In R v Turnbull[34] ,the Court of Appeal (CA) laid down guidelines for the treatment of the identification evidence where the case depends wholly or substantially on the correctness of the identifications. The guidelines make it clear that the judge should remind the jury of any weakness in the identification evidence and that the judge should withdraw the case from the jury unless there is any other evidence which will support the identification evidence and in this fact there is another witness named Harry who confirmed and recognized George[35] .In this fact it is highly likely that the prosecution will be able to argue that identification of evidence against George Smith is admissible. The next issues to be consider Adam Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s previous convictions for assault, robbery and burglary . Evidence of a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character did not have to amount to proof of a lack of credibility on the part of the witness.[36] This question is concern with rules relating to the admissibility of defendants bad character and also the fairness of the changes made by CJA 2003. In this regard the Law Commission reports on bad character in 2002.[37] The common law recognized the way in which evidence of character could be relevant. It could make allegations against a defendant more likely be true but the trial should not be used to investigate the truth of a previous allegation. [38]Sec-101 of CJA 2003 states that in criminal proceedings evidence of defendants bad character is admissible if one of the factors from sub-section 101(1) (a)-101(1)(g) is satisfied [39].In this regard we need to consider the three fold test in R v Hanson[40]which is laid down by the Court of Appeal. In this case the propensity[41] to commit the offence is relied on as the basis for admitting evidence of a defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character.[42] The prosecution now may argue that his previous convictions is relevant to an important matter in this trial[43] .But previous convictions for offences of the same description or category does not automatically mean that they should be admitted[44].Adam Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character might be admissible by the courts as the defendant has a propensity to committee offences of this kind because a single previous conviction can be sufficient to establish propensity[45] .Moreover in Isichei[46]where the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s propensity[47] to supply cocaine was relevant to the issue of identification. In this issue we need to discuss as to how should the judge direct the jury about George Smithà ¢Ã¢â€š ¬Ã¢â€ž ¢s character .In this fact George Smith already denied that he have any involvement in the burglary and he donà ¢Ã¢â€š ¬Ã¢â€ž ¢t even have any previous conviction .Similarly in R v Aziz[48] the house of Lords held that a person with no previous convictions was generally to be treated as being of good character[49] and in this fact it could argue that George have good character .Whenever a evidence of good character is given , its significance must be explained to the Jury .The Court of Appeal laid down two limbs in R v Vye[50]. In this fact it could easily argue that the judge will direct the jury based on the Vye direction about Georgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s character.However , there were some problems in Vye direction like if someone plead guilty in any other county then he is no longer of good character but in this fact it is already apparent that George donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any previous conviction .Moreover ,in R v M (CP)[51] it was held that once the judge decided that the defendant should be treated as a person of good character then the full Vye direction on good character should be given as it is a matter of law .The prima facie rule of practice is to deal with this by giving a qualified Vye direction rather than no direction at all.[52] According to R v Doncaster[53] it can easily argue that if the defendant has no previous conviction but bad character evidence is given under the Criminal Justice Act 2003 then a modified direction should be given .From the above discussion it can easily argue that the judge in this scenario should direct the jury about George Smithà ¢Ã¢â€š ¬Ã¢â€ž ¢s character with Vye direction because it is the prima facie rule or practice.[54] Now we need to discuss the issue as to whether the persecution will be permitted to adduce the written statement[55] of Harry who is moving to New Zealand .From this issue it is apparent that we need to consider the statement as hearsay evidence which is defined as a statement made outside off the court with the purpose of showing that the statement is true.[56]But generally in criminal cases hearsay is inadmissible which is also affirmed by Lord Normand in Teper v R [57].Moreover in Myers v DPP[58] it was held that a contemporaneous record made by workers in a motor car factory of cylinder block and chassis numbers was held to be inadmissible hearsay.In this fact , we need to focus if the prosecution made a written statement from Harry then whether it will be admissible[59].In this scenario , Harry was outside of UK[60] and in relating with these sort of issue the Law Commission introduced a à ¢Ã¢â€š ¬Ã‹Å"reasonable practicability à ¢Ã¢â€š ¬Ã‹Å" test which require the party wishin g to adduce the evidence to make reasonable efforts to bring the witness to court but the court will take into account some factors such as the seriousness of the case and the importance of the information contained in the statement.[61]Moreover , in R v Castillio and Others [62] it was held that it was not reasonably practicable for the witness to attend and important consideration was given to the evidence given by the witness.The prosecution also argue that it falls within the exception of the general rule as the witness Harry moved outside of UK[63] and it was beyond reasonable doubt[64].From the above discussion it is highly likely that the prosecution will be able to adduce the written statement of Harry at the trial. Total Word Count = 3208 Bibliography: Primary sources: Text Book: Dennis .I.H , The Law of Evidence ,3rd Edition ,Sweet Maxwell 2007 Durston . G , Evidence Text Materials , 2nd Edition , Oxford University Press2011 Allen , C , Practical Guide to Evidence , 4th Edition, Routledge . Cavendish 2008 Choo , A.L-T , Evidence , 3rd Edition , Oxford University Press Spencer,J.R and Flin,R ,The Evidence of Children : The Law and the Psychology (2nd edition, Blackstone , London 2003) H.Phil , Blackstoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Statutes on Evidence ,12th Edition 2012 Guidance for Vulnerable or Intimidated Witness , including children (à ¢Ã¢â€š ¬Ã…“The Memorandum 2002) Spencer,J.R. and Flin , R , The Evidence of Children : The Law and the Psychology (2nd edition), Blackstone , London 2003 Emson, R. Evidence. (Basingstoke: Palgrave Macmillan, 2010) fifth edition Munday, R. Evidence. (Oxford: Oxford University Press 2011) sixth edition Roberts, P. and A. Zuckerman Criminal evidence. (Oxford: Oxford University Press, 2010) second edition Tapper, C. Cross Tapper on evidence. (Oxford: Oxford University Press, 2010) twelfth edition Statute: Youth Justice and Criminal Evidence Act 1999 ( YJCEA) Criminal Justice Act 2003 European Convention of Human Rights the Coroners and Justice Act 2009 Code D of PACE 1984 Journals : The Law Commission report (2002) Ho, H.L. à ¢Ã¢â€š ¬Ã‹Å"Similar facts in civil casesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 26 Oxford Journal of Legal Studies 131. Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Case management, similar fact evidence in civil cases, and a divided law of evidenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 10 International Journal of Evidence and Proof 81à ¢Ã¢â€š ¬Ã¢â‚¬Å"103. Munday, R. à ¢Ã¢â€š ¬Ã‹Å"What actually constitutes evidence of à ¢Ã¢â€š ¬Ã…“bad characterà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Single act propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2010) 74 The Journal of Criminal Law 127(reviews cases where the Crown has sought to adduce only single acts of misconduct, in order to ascertain how expansively or restrictively the courts interpret the bad character provisions). Redmayne, M. à ¢Ã¢â€š ¬Ã‹Å"Criminal evidence: The relevance of bad characterà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2002) 61 CLJ 684à ¢Ã¢â€š ¬Ã¢â‚¬Å"714. Code of Practice for the Identification of Persons by Police Officers (Code D) of the Police and Criminal Evidence Act 1984 (PACE). Devlin Report: à ¢Ã¢â€š ¬Ã‹Å"Evidence of identification in criminal casesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1976) Roberts, A. à ¢Ã¢â€š ¬Ã‹Å"Eyewitness identification evidence: procedural developments and the ends of adjudicative accuracyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) 6(2) International Commentary on Evidence. Ormerod, D. and D. Birch à ¢Ã¢â€š ¬Ã‹Å"The evolution of exclusionary discretionà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Crim LR 767. Article: The Law Commission (EVIDENCE OF BAD CHARACTER IN CRIMINAL PROCEEDINGS Report on a reference under section 3(1)(e) of the Law Commissions Act 1965 ) EVIDENCE LAW CHARACTER AND CREDIBILITY (February 1997 Wellington, New Zealand ) Bird.J , Plymouth Law and Criminal Justice Review (2014) Birch.D , à ¢Ã¢â€š ¬Ã‹Å" A Better Deal for Vulnerable Witnesses?à ¢Ã¢â€š ¬Ã¢â€ž ¢[2000] Crim L.R 223 Creighton,P.à ¢Ã¢â€š ¬Ã¢â€ž ¢Spouse Competence and Compellabilityà ¢Ã¢â€š ¬Ã¢â€ž ¢[1990] Crim LR 34 Hoyano,L.C.H,à ¢Ã¢â€š ¬Ã¢â€ž ¢Striking a Balance between the Rights of Defendants and Vulnerable Witnesses : Will Special Measures Direction Contravene Guarantees of a Fair Trial?à ¢Ã¢â€š ¬Ã¢â€ž ¢ Hoyano,L.C.H,à ¢Ã¢â€š ¬Ã¢â€ž ¢Coroners and Justice Act 2009 :Special Measures Directions Take 2 : Entrenching Unequal Access to Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢[2010] Crim LR 345 Durston,G ,à ¢Ã¢â€š ¬Ã¢â€ž ¢Bad Character Evidence and Non party Witnesses under the Criminal Justice Act 2003à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) 8 E P 233 Goudkamp.J ,à ¢Ã¢â€š ¬Ã¢â€ž ¢Bad Character Evidence and Reprehensible Behaviourà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) E P 116 Law Commission Consultation Paper ,à ¢Ã¢â€š ¬Ã¢â€ž ¢Evidence in Criminal Proceedings : Previous Misconduct of a Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢(CP 141) (London , 1996) Law Commission Report No 273 (Cm 5257),à ¢Ã¢â€š ¬Ã¢â€ž ¢Evidence of Bad Character in Criminal Proceedingsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (London , 2001) Mirfield,P ,à ¢Ã¢â€š ¬Ã¢â€ž ¢ Character , Credibility and Untruthfulnessà ¢Ã¢â€š ¬Ã¢â€ž ¢(2008) 124 LQR 1 Spencer,J.R ,Evidence of Bad Character (Hart , London,2010) Byron (1999) The Times, 10 March and Gayle [1999] 2 Cr App R 130 David Ormerodà ¢Ã¢â€š ¬Ã¢â€ž ¢s commentary in [2011] Crim LR 10, 793à ¢Ã¢â€š ¬Ã¢â‚¬Å"798 Dennis, I. à ¢Ã¢â€š ¬Ã‹Å"The right to confront witnesses: meanings, myths and human rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] Crim LR 4, 255à ¢Ã¢â€š ¬Ã¢â‚¬Å"74. Mirfield, P. à ¢Ã¢â€š ¬Ã‹Å"Character and credibilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2009] Crim LR 3, 135à ¢Ã¢â€š ¬Ã¢â‚¬Å"51 Redmayne, M. à ¢Ã¢â€š ¬Ã‹Å"Recognising propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2011] Crim LR 3, 177à ¢Ã¢â€š ¬Ã¢â‚¬Å"98 Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Single act propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] J Crim L 74(2), 127à ¢Ã¢â€š ¬Ã¢â‚¬Å"44 Law Commission No 245 , 1997 , para 8.39 Roberts, P. and A. Zuckerman, à ¢Ã¢â€š ¬Ã‹Å"Implied assertions and the logic of hearsayà ¢Ã¢â€š ¬Ã¢â€ž ¢ Birch, D. à ¢Ã¢â€š ¬Ã‹Å"Interpreting the New Concept of Hearsayà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2010) CLJ 72. Common Laws: R v Hayes [1977] 1 WLR 234 R v MacPherson [2005] EWCA Crim 3605 R v Sed[2004] EWCA Crim 1294 R v D [2002] 2 Cr App R 36 R v K [2006] EWCA Crim 472 R v Powell [2006] EWCA Crim 3 R ( On the application of D ) v Camberwell Green Youth Court [2003] EWHC Admin 22 R v Gorja (Ranjit) [2010] EWCA Crim 1939 R v Forbes [2001] 1 All ER 686 Turnbull [1977] QB 224 Shand v The Queen [1996] 1 WLR 69, 72 R v Nicholson [2000] 1 Cr App R 182 Thornton [1995] 1 Cr App R 578 and Slater [1995] 1 Cr App R 584 R v Oscar [1991] Crim LR 778 Limburne and Bleasdale [1994] Crim LR 118. R v Caldwell [1993] 99 Cr App R 73 R v Hanson [2005] 1 WLR 3169 Tully and Wood (2007) 171 JP 25 R v McDonald[ 2007] EWCA Crim 1194. Isichei [2006] EWCA Crim 1815 R v Aziz [1996] AC 41 R v Vye(1993) 97 Cr App R 134. Teper v R [1952] AC 480 at 486 Myers v DPP [1965] AC1001 R v Castillio and Others [1996] 1 Cr App R 438 R v Bray [1988] 88 Cr App R 354 R v Acton Justices ex p McMullen 1990 92 Cr App R 98 Electronic Sources: www.lexisnexis.co.uk www.westlaw.co.uk www.gov.co.uk www.guardian.co.uk www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-d-2011 www.officialdocumentsgov.uk/document/hc1011/hc08/0829/0829.pdf 1 [1] Section 56(1) (2) of the Youth Justice and Criminal Evidence Act 1999 [2] [1977] 1 WLR 234 [3] [2005] EWCA Crim 3605 [4] Section 53 (3) of the Youth Justice and Criminal Evidence Act 1999 [5] R v MacPherson [2005] EWCA Crim 3605 , [2006] 1 Cr App R 30 [6] [2004] EWCA Crim 1294 [7] [2002] 2 Cr App R 36 [8] Paragraph 45 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 46 where there is a danger that a complainant may be incompetent , the judge will usually before the trial have seen a video recording of the complainantà ¢Ã¢â€š ¬Ã¢â€ž ¢s interview with the police and so will be in some position to make a decision about competence after hearing submissions from prosecution and defence under Youth Justice and Criminal Evidence Act 1999 , section 27 [9] Section 53(1) 0f Youth Justice and Criminal Evidence Act 1999 [10] Section 23 of Youth Justice and Criminal Evidence Act 1999 and R v Brown [2004] EWCA Crim 1620 [11] Section 24 of Youth Justice and Criminal Evidence Act 1999 [1 2] Section 27 of Youth Justice and Criminal Evidence Act 1999 [13]Section 25 of Youth Justice and Criminal Evidence Act 1999 [14] Guidance for Vulnerable or Intimidated Witness , including children (à ¢Ã¢â€š ¬Ã…“The Memorandum 2002) and it is also available in www.cps.gov.uk [15] Rv K [2006] EWCA Crim 472 , R v Powell [2006] EWCA Crim 3 [16] Section 16 ( 1 ) ( b) of YJCEA 1999 states that if the court considers that the quality of evidence given by the witness is likely to be diminished by reason of any circumstances falling within subsection ( 2 ) like section 16 ( 2 ) ( a ) states that the witness suffers from mental disorder within the meaning of Mental Health Act 1983 . [17] [2003] EWHC Admin 22 [18] Article 6 (3) ( a ) of ECHR states that everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; [19] Se ction 21 (1) ( a) of YJCEA 1999 states that a witness in criminal proceedings is a à ¢Ã¢â€š ¬Ã‹Å"child witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ if he is an eligible witness by reason of section 16 ( 1 ) ( a) of YJCEA states that whether or not he is an eligible witness by reason of any other provision of section 16 or 17 of YJCEA [20] R v Camberwell Green Youth Court [2005] 1 WLR 393 [21] R v Powell [ 2006] 1 Cr App R 31 [22]Under section 21 (4C) of YJCEA 1999 the court will consider some factors such as (a) the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s age and maturity , (b) the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to understand the consequence of giving evidence in a different way , (c) the relationship between the witness and the accused , (d) the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s social and cultural background and ethnic origins and (e) the nature and alleged circumstances of the offence to which the proceedings relate . [23]www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-d- 2011 [24][2010] EWCA Crim 1939 [25] Forbes [2001] 1 All ER 686 [26][1977] QB 224. [27] [1996] 1 WLR 69, 72 [28]Thornton [1995] 1 Cr App R 578 and Slater [1995] 1 Cr App R 584 [29]Byron (1999) The Times, 10 March and Gayle [1999] 2 Cr App R 130 [30]Code D paragraph 3.12 [31] [2001] 1 AC 473 [32] R v Nicholson [2000] 1 Cr App R 182 , R v Oscar [1991] Crim LR 778 [33] (Limburne and Bleasdale [1994] Crim LR 118. [34] [1977] QB 224 [35] R v Caldwell [1993] 99 Cr App R 73 [36] Section 100(1)(b) of Criminal Justice Act 2003 [37]The Law Commission report (2002 ,paras . 8.12-8.19) stated that ,à ¢Ã¢â€š ¬Ã¢â€ž ¢References in this Act to evidence of a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character are references to evidence which shows or tends to show that (a) he has committed an offence or (b) he has behaved or is disposed to behave in a way that , in the opinion of the court , might be viewed with disapproval by a reasonable person. [38] R v D [2009] E WCA Crim 2137 [39]Sec-101 provide seven gate ways through which evidence of defendants bad character can be admitted.They are:-( a ) all parties to the proceedings agree to the evidence being admissible, ( b ) the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it, ( c ) it is important explanatory evidence, ( d ) it is relevant to an important matter in issue between the defendant and the prosecution, ( e ) it has substantial probative in relation to an important matter in issue between defendant and a co-defendant, ( f ) it is evidence to correct a false impression given by the defendant, or ( g ) the defendant has made an attack on another persons character. [40]The three fold test in R v Hanson [2005] 1 WLR 3169 is 1) whether the history of convictions establish a propensity to committee offences of the kind charged, 2) whether that propensity makes it more likely that the defendant c ommitted the offence charged, 3) whether it is unjust to rely on the convictions of the same descriptions on category and, in any event, whether the proceedings would be unfair if they were admitted. [41] Redmayne, M. à ¢Ã¢â€š ¬Ã‹Å"Recognising propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2011] Crim LR 3, 177à ¢Ã¢â€š ¬Ã¢â‚¬Å"98 [42] Section 101(1)(d) of Criminal Justice Act 2003 . [43] Section 103(3) and 101(3) of Criminal Justice Act 2003 [44] (Tully and Wood) (2007) 171 JP 25 [45] R v McDonald [ 2007] EWCA Crim 1194. [46][2006] EWCA Crim 1815 [47] Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Single act propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] J Crim L 74(2), 127à ¢Ã¢â€š ¬Ã¢â‚¬Å"44 [48] [1996] AC 41 [49] R v M (CP) [2009] 2 Cr App R 3 [50]The two limbs in R v Vye (1993) 97 Cr App R 134 is namely the relevance of good character to credibility and the relevance of good character to the question whether the defendant was likely to have behaved as alleged by the prosecution [51][2009] 2 Cr App R 3 [52]R v Gray [2004] 2 Cr App R 498 [53][2008] EWCA Crim 5 [54]R v H [1994] Crim LR 205 [55] Section 115(2) of Criminal Justice Act 2003 [56] Section 114( 1) of Criminal Justice Act 2003 [57] [1952] AC 480 at 486 [58] [1965] AC1001 [59] Section 114 of Criminal Justice Act 2003 [60] R v Bray [1988] 88 Cr App R 354 [61] Law Commission No 245 , 1997 , para 8.39 [62] [1996] 1 Cr App R 438 [63] Section 116(2)(C) [64] R v Acton Justices ex p McMullen 1990 92 Cr App R 98