Thursday, November 28, 2019

Does the media increase fear of crime Essay Example

Does the media increase fear of crime Essay Fear of crime is becoming as serious a problem as crime itself. According to the Governments British Crime Survey (BCS) of 2001/2, 30% of the UK felt crime increased a lot, and a further 30% thought it increased a little in the previous two years (Home Office, 2002), compared to 33% a lot and 65% a little in the BCS of 2006/7 (Home Office, 2007). The media is a powerful way of getting messages across to citizens and many criminologists have studied the way crime is portrayed and how this affects levels of fear. The governments 2002 BCS reported that 43% of tabloid readers thought the national crime rate had increased significantly, compared with 26% of broadsheet readers (Home Office, 2002). These statistics have led me to investigate how the media reports crime, why they represent crime as they do and the potential consequences. How is crime reported in the media? Crime is prominent in all media. Throughout history there has been a fascination with crime. Robert Reiner (Maguire et al, 2002, p393) claims the risk of crimes as portrayed in media are both quantitatively and qualitatively more serious in the media than the official statistically recorded picture. Reiner argues that the media disproportionately represents violent accounts of crime, and focuses on events which are intense, exciting, arousing and extreme. From my research there appears to be a virtually universal finding that media representations exaggerate both the levels of serious interpersonal crime in society and the risk of becoming a crime victim. This representation of crime is largely event-oriented in that it focuses on specific criminal cases and incidents rather than wider debates around causes, prevention, or policy (Rock, 1973, cited in Hale). A study done in Scotland found that 6.5% of the news reported in newspapers involved crime, and 46% of this was violent and sex ual crime, even though only 2.4% of reported crimes were actually violent or sexual (Williams and Dickinson, 1993). We will write a custom essay sample on Does the media increase fear of crime specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Does the media increase fear of crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Does the media increase fear of crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Cohen (Kidd-Hewitt, 1995, p10) summarises that .so much space in the mass media is given to deviance [crime] that some sociologists have argued that this interest functions to reassure society that the boundary lines between conformist and deviant, good and bad, healthy and sick, are still valid ones. According to the Guardian newspaper Attitudes to crime are hugely influenced by newspaper reports, with tabloid readers almost twice as likely to be worried about crime as those who favour broadsheets (Guardian, 2003). Tabloids news is generally found to include a greater proportion of crime stories reported in a more sensationalistic style than broadsheet news (Graber, 1980, cited in Hale). My study leads me to believe that the tabloids are generally right wing, with the main consumers not reading to be intelligently stimulated and to have their views, values and politics challenged but instead reading to have their deep implanted values and opinions reinforced by the reporter. Tabloids generally lack informative information choosing instead to use emotive language aiming to have the reader agreeing as they read and supporting the reporters opinions and view of the situation. For example, a report in The Sun newspaper on Saturday 10th May 2008 about Josef Fritzl (The Sun Newspaper, 2008) used eight emotive words including Evil, Monster and Beast in an article of approximately 80 words. This type of language induces what Stanley Cohen (1972) describes as moral panic which stimulates an increase in fear of crime. So why does the media represent crime in this way? For an event to gain media coverage and attention it has to be classified as newsworthy. It appears that the tabloids are not interested in reporting the facts and reassuring society that crime levels are okay and consequently reducing fear, instead they are interested in selling their papers and increasing fear of crime helps achieve this aim. Looking at news values helps to explain the attention and broad profile crime and control gain in the media. Interpersonal crimes of sex and violence can be more easily presented as dramatic and arousing than non-violent crimes such as white collar crime. Although names are generally included where possible, one of the most compelling images in crime is that of the unknown predatory stranger. People will buy newspapers to read about crime because its stimulating, exciting, intense and emotional. Few stories can capture the public imagination as forcefully as the killer on the loose, especially when the potential victims are children. Crimes which are considered spatially and culturally close to home, will generally be considered more newsworthy than the same crimes, or events, happening far away. This is also the case for non-western countries, which are widely perceived as more spatially and culturally distant. An example of this was on 26th December 2003, Iran was struck by an earthquake which killed more than twenty-five thousand Iranian Citizens. It was the second story reported on the UK evening News at Ten, the headlining story was that of an English police officer who had been shot (Hale, 2005, p165). The news value of proximity helps to explain why the story of one police officer being shot at home was considered more newsworthy than twenty-five thousand citizens being killed by an earthquake in Iran. Cultivation analysis as discussed by Gerbner et al. (1976, pp.172, cited in Hale) looks at the influence of violence on prime-time US television. This study found that heavy television viewers (those who watch more than four hours per day) cultivate a world-view which more closely resembles the television message than light television viewers (those who watch less than two hours per day) therefore heavy viewing is said to cultivate higher fear of crime. Television overstates both the seriousness and risk of criminal victimisation, portraying the world as mean and scary. Recent research on US television news concluded that local crime coverage generates more fear than national coverage (Chiricos et al. 2000, p.172, cited in Hale). I believe that this is because we think we have a higher risk of becoming a victim when we are told of crime happening on our own doorsteps. However National crime coverage may relieve and reassure viewers as they believe that their own communities are comparatively safe. What are the consequences of the media disproportionately representing crime? We are living in an age of media saturation with the media playing an increasing central role in everyday life and becoming more and more powerful within our society. The media today have the power and ability to develop awareness of an issue among the general public, and even manipulate the public response. Societys response is what Stanley Cohen, 1972, describes as moral panic. This social reaction to the perceived threat to societal values is both disproportionate and hostile and involves sensational and stereotypical media coverage, public outcry and demands for tougher controls. Cohen (1972) studied the medias response and manipulation of a situation in his study of the conflict between the Mods and Rockers. To summarise Cohens argument, the media exaggerated and distorted the events, which resulted in them actually creating crime. Groups of youths were labelled as troublemakers by the media portraying them as folk devils. This stereotyped image was held by police and the public, creating moral panic, which further increased the fear of crime (Moore, 1996, p122-3). Cohen demonstrated how the labelling and marginalisation of Mods and Rockers created a deviancy amplification spiral in which future disturbances were virtually guaranteed. These disturbances seemed to justify initial fears, resulting in more media coverage, more public outcry, more policing, and thus the spiral of reaction continued. This study highlights the power and manipulation the media can have on society, and in turn the overall fear the media can create in a deviant group. A powerful example of the media manipulating, using fear and moral panic to boost sales is the Naming and Shaming of paedophiles in the wake of Sarah Paynes murder trial, published Sunday 23rd July 2000 in The News of the World. They released the pictures and names of 100 offenders. It boosted sales by 95,000 copies. Parents queued to buy several copies to find out if their neighbours were paedophiles, and consequently whether their children were in danger. This irresponsible journalism led to vigilante behaviour, where innocents were attacked. In one case Iain Armstrong was beaten to death by a mob in Manchester through mistaken identity. The News of the World acted negligently, they didnt consider the long term effect and produced out of control behaviour as a consequence. The Home Office described the public response as a climate of fear and panic (BBC, 2001). Throughout history the media have created folk devils. They have divided and manipulated society to single out a group, in what is Foucault described as the Other. By labelling this deviant group as the Other, society is able to place the blame on them for the problems within society. The media have created many scapegoats throughout history including Teddy boys in 1950s, Mods and Rockers in 1960s, Skinheads, Hooliganism in 1970s, Mugging in 1970s, Joy riders in 1990s, Yob culture in 1990s, Teenage Pregnancies in 1990s and IRA in 1970s, 80s and 90s, plus many more (Muncie, 1987). A frequently quoted statistic is that more than 70 per cent of studies claim to demonstrate that media portrayal of violence does cause real life violence (Andison, 1977 citied in Hale p168). Banduras Bobo doll study found that children who saw aggressive behaviour rewarded, displayed aggressive behaviour more than those who viewed non-aggressive interactions, or interactions that were punished (Hale, 2005, p168). Media representation of crime has often been blamed for violent criminal acts. One example is the case of toddler James Bulger, who was murdered by two ten-year-olds in 1993. A lot of attention was directed at the film Childs Play III as a likely inspiration for this criminal act (Kidd-Hewitt, 1995, p6). The violent film Natural Born Killers (1994) has also been accused of inciting a number of copycat murders. A debate has risen among Criminologists, Psychologists and Sociologists around the nature, extent and significance of the influence of such violence in the media. The two main arguments are that of the political right, with the concern that the media images glamorise crime and violence, undermining respect for authority and the rule of law and encouraging criminality. On the other side, the political left argue that media images of crime and deviance increase public fears and anxieties, helping to win support for authoritarian measures of control and containment. Conclusion Following my research, I support the argument that crime reporting in the media creates a distorted picture of reality which is reflected in peoples beliefs and attitudes in society today. Although I am unable to demonstrate conclusively that media increases fear of crime I am convinced that without a doubt media has a profound influence. I have discussed how crime is reported and some possible explanations for the way in which the media select which crimes to report. My research shows that crime is grossly misrepresented and that there appears to be an institutionalised need in media to create moral panic in order to make good copy. As discussed previously, tabloids in particular use fear inducing language with intense coverage and disproportional representation of violent accounts of crime in a bid to make the story newsworthy and consequently increase newspaper sales. The creation of Folk Devils and other scapegoats throughout history has enabled the media to continue to incite moral panic and even become the creators of crime itself. The growing trend of copycat crimes inspired through media such as television and video continue to cause concern and debate amongst academics as the medias influence dominates society and impacts on fear of crime. This ability to bring disturbances, riots and increased fear into our homes is an issue of social concern and fear of crime has to be taken as seriously as crime prevention and reduction.

Sunday, November 24, 2019

The KKK essays

The KKK essays The Ku Kux Klan was formed as a social club by a group of Confederate Army Veterans in Pulaski, Tennessee around 1865. A Confederate General, Nathan Bedford Forrest, was the klans first leader, whose title was Grand Wisard. White superiority was the philosophy of the Klan. And they would often use violence and terrorization of blacks as means of exercising this philosophied superiority. The Klan hated the idea of blacks getting any rights following the Civil War into the Reconstruction, and terrorized blacks to prevent them from voting in elections or practicing any other right. Blacks and white sympathizers were threatened, beaten or even murdered by the black Klan members in the South: the Klan used now familiar white robes and hoods to mask their identity.The Ku Klux Klan bacame known as the Invisible Empire as it grew and spread rapidly.(altered.com/dengue/kkk/history.html, pg1) There were social, political, and economical forces that led to the increase of the Ku Klux Klan acti vity during the 1920s. Many social forces existed that led to an increase in Klan membership in the 1920s William J. Simmons, a former Methodist preacher, organized a new Klan in Stone Mountain, Georgia in 1915 as a patriotic, Protestant traternal society. This new Klan directed its activity against, not just blacks, but any group it considered un- American, including new immigrants, Jews, and Roman Catholics. The Ku Klux Klan grew rapidly from here and had more than 2 million members by the mid- 1920s ncrease in Klan membership in the 1920s. (http://altered.com/dengue/kkk/history.html). The klan aimed to alienate non-whites and other religious groups from the rest of American society. The klan was a hate group and displayed their hatred by killing thousands of people and destroying the lives of many others The klan was based in the South, but spread their hate across America. (M...

Thursday, November 21, 2019

The career corruption by mediation and cronyism Essay

The career corruption by mediation and cronyism - Essay Example Fairness obliges one to be totally objective and unbiased, exercising guidelines and policies fairly, and evaluating or appraising everybody by the same criteria. Almost nothing weakens employee motivation and confidence more rapidly than cronyism. The field of ethics mainly encourages people to be just or fair. As proposed by Aristotle: â€Å"Equals should be treated equally and unequals unequally† (Gertrude, 1987, 256). But the widespread practice of cronyism hinders equality and fairness because it awards too much advantage to a person who does not truly deserve this benefit. Cronyism, whether practiced in the public or private sector, effectively weaken organizations. When a person is hired or promoted because of connections instead of experience, skill, or expertise, the contribution that person provides to the organization could be substandard. Moreover, according to Reilly and colleagues (2012), because cronyism is usually hidden, this practice damages the transparency that is ought to be practiced in the process of hiring and contracting. The Qur’an is clear in its position regarding cronyism, or concerning the enduring conflict between justice or fairness and self-interest (Baig, 2013, para 5): â€Å"Be just, even if it is against your narrowly defined self-interest or of those very close to you. Ignorant people think they are protecting their self-interest by being unjust to others. Their decision to be just or unjust may be based on a cold calculation of self-interest. But real faith in Allah elevates one beyond that narrow-mindedness.† This statement shows that the justice or fairness upheld by the Islamic law allows no cronyism or favoritism in general. Whether cronyism is practiced in the form of giving advantages or favors for certain individuals or conferring preferential treatment, cronyism definitely implies that some individuals are in some way more equal than others. Preventing even the indication of cronyism is particul arly vital in hiring someone or in awarding a promotion. While the person carrying out the selection process may have a personal favorite, s/he will be cautious to base the hiring process on objective standards as professional history, expertise, and experience, building what is at times called â€Å"a level playing field† (Storti, 2004, 56). In several organizations, especially those in the public sector, the names of job candidates are erased from the application during the preliminary assessment phase to facilitate a supposedly ‘blind’ assessment of each candidate’s qualifications (Cascarino, 2012). The ethics of fairness goes beyond employees to accept how people generally are to be handled or approached, such as contractors or clients. The central premise here is that organizations must treat everybody they interact with equally, implementing policies and guidelines objectively, irrespective of an individual’s ‘connections’, social standing, personal affiliation with the employer, or any other conditions that may be considered biased, discriminatory, or subjective. According to Langan-Fox and colleagues (2007), people, who attempt to take advantage of their social status, expecting preferential treatment because of their ‘rank’, are lowly regarded, and employees who yield to such demands will usually not be recognized. Definition of Cronyism in Career Corruption One of the most typical descriptions of corruption is the exploitation of public position for personal interests. In almost all societies,

Wednesday, November 20, 2019

Evaluating Cost Variances Essay Example | Topics and Well Written Essays - 250 words

Evaluating Cost Variances - Essay Example an ideal plan difference for incomes will be examined to figure out if it was the aftereffect of higher than arranged offering costs, more noteworthy amounts, or an excellent blend of things sold. In addition, a good plan fluctuation for costs will be dissected to distinguish the reason for the lower costs. An unfavorable fluctuation is experienced when an association is contrasting its genuine results with a financial plan or standard. The difference can apply to either incomes or costs, and is characterized as adverse income fluctuation. At the point when the measure of actual income is short of what the standard or planned sum. In this manner, genuine incomes of $400,000 versus a funding of $450,000 equivalents an unfavorable income change of $50,000. Unfavorable cost fluctuation. At the point when the measure of genuine cost is more prominent than the standard or planned sum. In this manner, actual costs of $250,000 versus a funding of $200,000 equivalents an unfavorable cost change of $50,000. Overall, the plan of an unfavorable difference is to highlight a potential problem, which is then remedied. Honestly, the idea does not work that well. The issue is that there is just an adverse fluctuation in connection to a standard or planned amount and that benchmark sum may be unthinkable or in any event exceptionally hard to achieve. On the off chance that an unfavorable difference surpasses the base, then it is accounted for to supervisors, who then make a move to rectify whatever the underlying issue may be. At the point when the real cost is brought about is more than the standard expense, there is fluctuation is known adverse or antagonistic change. Unfavorable fluctuation alludes to deviation to the loss of

Monday, November 18, 2019

The Arbitration Provisions Introduced by the United Nations Research Paper

The Arbitration Provisions Introduced by the United Nations Conventions for Contracts of Carriage by Sea - Research Paper Example The Rotterdam Rules on arbitration emphasizes the right of disputants to choose an arbitration forum that is more convenient to them. At the same time, volume contracts limit these choices and also bind third parties to arbitration agreements between the disputants.3 It therefore appears that the Rotterdam Rules’ arbitration provision contain a number of problems that can be counterproductive to the goal of harmonisation of the international rules applicable to contracts for the carriage of goods by sea. In addition to conflicts contained within the provisions and definition complications, there is also the possibility that arbitration on a single dispute can take place in several places. It is also possible that states adopting the arbitration provisions may not have the maritime expertise to properly resolve maritime disputes or may lack a litigation system capable of supporting arbitration proceedings. This is particularly so since the Rotterdam Rules can apply to contracts for the carriage of goods by means other than by sea, at least partially.4 This research study provides a critical analysis of the arbitration provisions of the Rotterdam Rules and identifies the intended goals of these provisions and the extent to which the Rotterdam Rules have the potential to achieve these goals. Table of Contents Abstract 2 Introduction 4 Research Questions 7 Primary Research Question 8 Secondary Research Questions 8 Statement of the Problem 8 Significance of the Study 9 Delimitation of the Study 10 Research Methodology 10 Overview: International Arbitration of Maritime Contracts 11 The Arbitration Provisions of the Rotterdam Rules 14 Scope and Application of the Rotterdam Rules 14 Arbitration Agreements 17 Volume Contracts 21 Non-Liner Transport 27 The Opt-In Provision 29 Conflict with Other International Instruments 32 Conclusion and Recommendations 34 Conclusion 34 Recommendations 36 Bibligraphy 39 Introduction The Rotterdam Rules introduces into the interna tional regulatory framework a method for regulating â€Å"multimodal transport†.5 In this regard, multimodal transport not only refers to transport by virtue of sea, but also contemplates various other modes of transportation.6 In drafting the Rotterdam Rules the United Nations came to the conclusion that the more than 90 year old Hague Convention was inadequate for responding to the modern intricacies of international cargo transport particularly since today’s transport frequently involves several different modes of transportation. The use of different conventions only created difficulties and conflicts in establishing liability since different rules apply to different transport modes.7 Regardless, the main premise of the Rotterdam Rules is maritime transport and thus, the Rules may be properly defined as a â€Å"maritime plus convention.†8 The Rotterdam Rules introduce arbitration provisions for resolving disputes in specific contracts for carriage by sea situ ations.9 The

Friday, November 15, 2019

Types of Cyber Crime and Strategies for Prevention

Types of Cyber Crime and Strategies for Prevention Crimes In cyber Age And Its Response By Indian Judiciary Table of abbrevaitions AIR All India Reporter AP Andhra Pradesh Art. Article Bom. Bombay ed. Edition Ltd. Limited. P. page number Pat. Patna SCC Supreme Court Cases SCR Supreme Court Reporter Sec. Section Crimes In cyber Age And Its Response By Indian Judiciary Introduction The advent of the third millennium has brought in an era of information society. The new era is the result of rapid changes brought about by the new technology and the cyber world. Obviously the information society offers vast scope and opportunities to human beings to identify information, to evaluate information, and to exchange information for the benefits of the citizens the world over. The in formation technology provides for a new environment, new work culture, new business links and trading networks. It allows information and knowledge based work to be located anywhere. It is virtually transforming and revolutionizing the world. The information technology is a double-edged sword, consistently presenting us with benefits and disadvantages. The increasing opportunities for productivities, efficiency and worldwide communications brought additional users in droves[1]. Today, the internet is a utility, analogous to the electric company and ‘.com has become a household expression. The reliability and availability of the internet are critical operational considerations. Activities that threaten these attributes like spamming, spoofing, etc, have grave impacts on its user community. Any illegal act, for which knowledge of computer technology is essential for its perpetration, investigation, or prosecution, is known as cyber crime. Among the various problems emerging out of the internet are the menace of hackers, cyber terrorism, spamming, Trojan horse attacks, denial of service attacks, pornography, cyber stalking etc. Through this paper the researcher will try to study the problem of cyber stalking, cyber defamation, various types of data theft and the laws relating to it. An effort will also be made to recommend some suggestions to fight these dangerous problems, with the response of Indian judiciary to it. Cyber staking Cyber stalking, has been defined as the use of electronic communication including, pagers, cell phones, emails and the internet, to bully, threaten, harass, and intimidate a victim. Moreover, it can also be defined as nothing less than emotional terrorism.[2] Cyber stalking can take many forms. However, Ellison (1999) suggests, cyber stalking can be classified by the type of electronic communication used to stalk the victim and the extent to which the communication is private or public. Ellison (1999) has classified cyber stalking as either ‘direct or ‘indirect. For example, ‘direct cyber stalking includes the use of pagers, cell phones and the email to send messages of hate, obscenities and threats, to intimidate a victim. Direct cyber stalking has been reported to be the most common form of cyber stalking with a close resemblance to offline stalking (Wallace, 2000). Why people do it? Generally, to be defined as stalking the behaviour must be unwanted and intrusive. Another important point is that the stalker must also have an intense preoccupation with the victim. The range of behaviour involved in stalking can be broadly grouped in three categories. Firstly, there is following, which includes frequenting workplaces and homes, maintaining surveillance, and engineering â€Å"coincidences.† Secondly, there is communicating—by phone, letters, cards, graffiti, gifts, and, Increasingly, electronic mail and the internet (â€Å"cyber stalking†).Often the stalker will order goods and services on the victims behalf. Finally comes aggression or violence, in which stalkers threaten their victims, harass their families, damage their property, make false accusations about them, and cause sexual or physical injury. Sexual attractions and motives are other very important reasons for cyberstalking. In USA, the federal law enforcement agencies have encountered numerous instances in which adult paedophiles have made contact with minors through online chat rooms, established a relationship with the child, and later made contact for the purpose of engaging in criminal sexual activities.[3] Nature of cyber staking The nature of cyber stalking is ascertains by the medium which is used for its execution. According to †¦ cyber stalking had been classified into four kinds[4] a) E-mail stalking b) Chat stalking c) Bulletin board systems d) Computer stalking. Email stalking Electronic mail is an electronic postal service that allows individuals to send and receives information in matter of seconds. This sophisticated use of telephone lines allows communication between two people who may or may not know each other but can ‘speak to each other using a computer. In general Email is an insecure method of transmitting information or messages. Everyone who receives an email from a person has access to that persons email id. With some online services as AOL, a persons screen name is also an email address. In addition, when a person posts an item on a newsgroup, that pesons email id may be available to anyone who reads that item. It is unsurprising, then, that email is a favoured medium for cyber stalkers. Technologically sophisticated email harassers send ‘mail bombs, filling a persons inbox with hundreds or even thousands of unwanted mails in the hope of making the account useless. Others send electronic viruses that can infect the victims files.[5] Chat stalking A chat room is a connection provided by online services and available on the internet that allows people to communicate in real time via computer text and modem. Cyber stalkers can use chat rooms to slander and endanger their victims. In such cases the Cyber stalking takes on a public rather than a private dimension. As live chat has become more popular amongst users of the internet with tools such as internet relay chat (IRC), it has also become more popular as a medium through which stalkers can identify and pursue their prey. When a person enters a chat room, his screen name joins the list of names of others in the group. Depending on the nature of the chat software, that person can address others in the room and vise versa as a part of the group discussing from a smaller group in a private chat room or send private, one to one instant messages to others anytime.[6] During ‘chat, participants type instant messages directly to the computer screens of other participants. When a person posts a message to a public news group this is available for anyone to view copy and store. In addition, a persons name, email address and information about the service provider are easily available for inspection as a part of the message itself. Thus, on the internet, public messages can be accessed by anyone anytime- even years after the message were originally written. In IRC, the harasser may chose to interrupt a persons chat electronically or otherwise target a chat system, making it impossible for someone to carry on a conversation with anyone else. The Cyberstalker can engage in live chat harassment or abuse of the victim( otherwise known as ‘flaming) or he/she may leave improper message o the message board or in chat rooms for or about the victim. Bulletin board systems A bulletin board system (BBS) is a local computer that can be called directly with a modem[7]. Usually they are privately operated and offer various services depending on the owner and the users. A bulletin board allows leaving messages in group forums to be read at a later time. Often a BBS is not connected to a network of other computers, but increasingly BBSs are offering internet access and co Cyber stalkers area using bulletin boards to harass their victims.[8] Online have been known to known to post insulting messages on electronic bulletin boards signed with email addresses of the person being harassed. The Cyber stalker can also post statements about the victims or start rumours which spread through the BBS. In addition a Cyber stalker can ‘dupe another internet users into harassing or threatening a victim by posting a controversial or enticing message on the board under the name , phone numbers or email address of the victim, resulting in subsequent responses being sent to the victim.[9] Computer stalking With computer stalking, cyber stalker exploits the internet and the windows operating system in order to assume control over the computer of the targeted victim. An individual ‘windows based computer connected to the internet can be identified, allowing the online stalker to exercise control over the computer of the victim. A cyber stalker can communicate directly with his or her target as soon as the target computer connects to the internet. The stalker can also assume control over the victims computer and the only defensive option for the victim is to disconnect and relinquish his or her current internet address.[10] An example of this kind of cyber stalking was the case of a woman who received a message stating ‘ Im going to get you. The cyber stalker then opened the womans CD-ROM drive in order to prove that he had control over her computer. cyberstalking trends and statistics offenders Previous studies that have investigated stalking offenders by and large, have focused on the offline stalking offender Regardless for the offenders group such as ‘simple, ‘love or ‘erotomanic statistics reports, male offenders to account for the majority of offline stalking offenders. Working to Halt Online Abuse (2000) statistics also support the gender ratio of offenders claiming, 68% of online harassers/cyber stalkers are male. Furthermore, common social and psychological factors have been found within offline stalking offender population. For example, social factors such as the diversity in socio-economic backgrounds and either underemployment or unemployment have been found significant factors in offline stalking offenders[11]. In a research done on young stalkers between 9 and 18 years of age little difference was found between young and adult offline stalking offenders. For example, the majority of offenders were male, had some form of previous relationship with the victim and experienced social isolation.[12] Victims Currently, there are limited studies on the victims of cyber stalking. Although, anyone has the potential to become a victim of offline stalking or cyber stalking, several factors can increase the statistical likelihood of becoming a victim. Studies[13] that have investigated offenders of offline stalking, have found some common factors within the selection of victims. For example, contrary to public belief, a large proportion of stalking victims are regular people rather than the rich and famous. Goode claimed[14], up to 80% of offline stalking victims are from average socio-economic backgrounds. In addition, the statistical likelihood of becoming a victim increases with gender. Working to Halt Online Abuse (2000) reports, 87% of online harassment/cyber stalking victims are female. However, victim gender statistics may not represent true victims, as females are more likely to report being a victim of online harassment/cyber stalking than males. Although studies have shown that the majority of victims are female of average socio-economic status, studies have also shown that offline stalking is primarily a crime against young people, with most victims between the age of 18 and 29.[15] Stalking as a crime against young people may account for the high prevalence of cyber stalking victims within universities. For example, the University of Cincinnati study showed, 25% of college women had been cyber stalked.[16]. Nevertheless, previous relationships have been shown to increase the likelihood of being stalked offline. For example, it was reported, 65% offline victims had a previous relationship with the stalker[17]. Although studies of offline stalking claim the majority of victims have had a previous relationship with the stalker Working to Halt Online Abuse Statistics[18] fails to support a previous relationship as a significant risk factor, for online harassment/cyber stalking. For example, 53% of victims had no prior relationship with the offender. Therefore, the risk factor of a prior relationship with the stalker may not be as an important factor in cyber stalking, as it is in offline stalking. Psychological effects of cyberstalking Currently, there are few studies on the psychological impact on victims. However, Westrup[19]studied the psychological effects of 232 female offline stalking victims. He found out that the majority of victims had symptoms of PTSD, depression, anxiety and experienced panic attacks. Additionally, it was found that 20% of victims increased alcohol consumption and 74% of victims suffered sleep disturbances[20]. Nevertheless, social and psychological effects of offline stalking cannot be separated as social effects can impact on psychological effects and psychological effects can impact on the social effects. Although the majority of studies have focused on the offline stalking victims, there is no evidence to suggest that cyber stalking is any less of an experience than offline stalking (Minister for Justice and Customs, 2000), As shown, there are many common themes between offline stalking and cyber stalking. For example, offenders are most likely to be male and offline stalking or cyber stalking is the response to a failed (offline/online) relationship. Additionally, young females account for the majority of victims. Furthermore, victims experience significant social and psychological effects from offline stalking or cyber stalking.[21] Legal responses to cyberstalking Cyber stalking is are a relatively new phenomenon and many countries are only now beginning to address the problem. India has also witnessed cases of cyber stalking, cyber harassment and cyber defamation. However, as there is no specific law or provision under the IT Act, a number of these cases are either not registered or are registered under the existing provisions of Indian Penal Code—which are ineffective and do not cover the said cyber crimes.[22] Since its promulgation, the IT Act 2000 has undergone some changes. One big change is the recognition of electronic documents as evidence in a court of law. Market players believe this will go a long way in giving encouragement to electronic fund transfers and promoting electronic commerce in the country. However, all hope is not lost as the cyber crime cell is conducting training programmes for its forces. It also has plans to organize special courses for corporate to combat cyber crime and use the IT Act effectively. Cyber defamation Defamation can be understood as the intentional infringement of another persons right to his good name. It is the wrongful and intentional publication of words or behavior concerning another person, which has the effect of injuring that persons status, good name, or reputation in society. It is not defamatory to make a critical statement that does not have a tendency to cause damage, even if the statement turns out to be untrue[23]. In this case a claim for malicious falsehood[24] may be raised. Another key feature of the Internet is that users do not have to reveal their identity in order to send e-mail or post messages on bulletin boards. Users are able to communicate and make such postings anonymously or under assumed names. This feature, coupled with the ability to access the internet in privacy and seclusion of ones own home or office and the interactive, responsive nature of communications on the Internet, has resulted in users being far less inhibited about the contents of their messages resulting in cyber space becoming excessively prone to defamation. What is defamatory? As to what is defamatory; Permiter v. Coupland[25] and Youssoupoff v. Metro Goldwyn Mayer Pictures Ltd[26] lay down that it is a publication without justification or lawful excuse, which is calculated to (meaning â€Å"likely to†) injure the reputation of another by exposing him to â€Å"hatred, contempt, or ridicule†[27] and make the claimant â€Å"shunned and avoided†. Then in Sim v. Stretch[28] the definition was widened to include the test whether the words tend to lower the plaintiff in the estimation of the right-thinking members of society in general. A persons good name can only be damaged if maligning statements are made to someone other than that person; that is, the defamatory statement must be disclosed to a third person, thereby satisfying the requirement of publication. Thus the law of defamation places a heavy burden on the defendant. All that a plaintiff has to prove, in a defamation action, is the publication of defamatory matter. The onus then lies on the defendant to prove innocence. In essence, the law on defamation attempts to create a workable balance between two equally important human rights: The right to an unimpaired reputation and the right to freedom of expression. In a cyber society, both these interests are increasingly important. Protection of reputation is arguably even more important in a highly technological society, since one may not even encounter an individual or organization other than through the medium of the Internet. Jurisdiction It is a fact that the tried and true real world legal principles do not apply in the digital generation. Even seemingly ubiquitous, time honoured principles must be examined, including whether a court has the power to exercise jurisdiction over a defendant because of the defendants ties to or use of the Internet or Internet related technologies. This jurisdictional rethinking requires us to address the concept that involves the right of the sovereign to exert its power and control over people or entities that use the Internet One of the complexities of the Internet is the fact that Internet communications are very different than telephone communications. The telephone communication system is based on circuit-switching technology, where a dedicated line is allocated for transmission of the entire message between the parties to the communication. A dedicated line, on the other hand, does not accomplish Internet communications. A message sent from an Internet user in India may travel via one or more other countries before reaching a recipient who is also sitting at a computer in India. Therefore, the lack of a physically tangible location and the reality that any Internet communication may travel through multiple jurisdictions creates a variety of complex jurisdictional problems[29]. Position in india Cases of cyber defamation do not fit neatly in the accepted categories of crimes. They represent harm of greater magnitude than the traditional crimes and of a nature different from them. Unlike the traditional crimes, they are not in the shape of positive aggressions or invasions[30]. They may not result in direct or immediate injury; nevertheless, they create a danger, which the law must seek to minimize. Hence, if legislation applicable to such offences, as a matter of policy, departs from legislation applicable to ordinary crimes, in respect of the traditional requirements as to mens rea and the other substantive matters, as well as on points of procedure, the departure would be justified[31] An effort is still wanted to formulate an international law on the use of Internet to curb this imminent danger of cyber crimes and to achieve a crime free cyber space. Defamation laws should be sufficiently flexible to apply to all media. The difficulty is that the defamation laws world over were principally framed at a time when most defamatory publications were either spoken or the product of unsophisticated printing. We do need a stronger legal enforcement regime in India to combat the increasing cyber crimes or in other words, efficacy in dispensation of justice will be instrumental in curtailing such activities. The position in Indian law is not very clear and amendments should be brought to Section 67 of the Information Technology Act, 2000[32] and also to Section 499 of the Indian Penal Code[33], by expressly bring within their ambit offences such as defamation in cyber space, which is certainly a socio-economic offence. Internet Banking Fraud The concept of internet banking was introduced to facilitate the depositors to have access to their financial undertakings globally. But every good thing has its own demerits; the introduction of this system was coupled by a number of fraud incidents in which the money of depositors was embezzled by the net swindlers popularly known as hackers.[34] Digital Extortion For any company doing business on the Internet, its the sound of doom: a computer voice warning of an inbound attack. Call it a cyber-shakedown: A hacker threatens to shut down a companys Web page, unless the business pays up.[35] Digital Extortion can be defined as, â€Å"Illegally penetrating through the system of an enterprise and then compelling it to pay substantial amounts in lieu of their secret data or to save their system from being wiped out by the hackers.† In a recent incident, Security researchers at Websense were trying to learn why a clients files were scrambled when they found a note demanding $200 for the electronic key to the files. The money was to be sent to an online payment service. The data was recovered without paying the ransom, but experts are worried that more sophisticated attacks could be more serious.[36] Credit Card Frauds Credit Card popularly known as plastic money has came up as a panacea for the troubles of carrying huge amount of money in the pocket. The credit card embodies two essential aspects of the basic banking functions: the transmission of payments and the granting of credit. But again the usage of this technology has brought in new forms of crimes with the fraudsters employing entirely new technologies to manipulate this technology for their illegal economic gains because unlike paper money, it was not anonymous and the usage of credit card can be traced. The Indian Legal Response to Data Theft Related Cyber Crimes In the past few years, India has emerged as a leader in information technology. Also, there has been an explosion of the BPO industry in India, an industry which is based primarily on IT[37], an industry where there is a huge risk of data theft since the business primarily is based on huge amounts of sensitive data of the customers. The numbers of computer literates have also grown at a rapid pace. The prices of computers and other peripherals have slashed drastically. Dial-up and Broadband connections, both are found and are easily accessed at cheap rates. All this has resulted in making the middle-class in India computer literate as well. Hence, as a result of all these developments, the Indian Parliament enacted the Information Technology Act, 2000. The researchers will discuss some of the remedies provided for in brief and has also provided certain suggestions as to where the act can be amended. 1) Penalty for Tampering with Computer Files As discussed already, Industrial espionage may also include tampering with the computer files to slow down the system or corrupt databases. Section 65 of the Act defines this sort of offence and prescribes an imprisonment of 3 years or fine extending to two lakh rupees. 2) Penalty for Hacking This also relates to data theft and industrial espionage. Hacking is where a person hacks into a computer resource and in any way destroys, deletes or alters any information is to be punished with an imprisonment of up to three years or a fine extending up to two lakh rupees. For this the requirement of mens rea, i.e. metal element is required. 3) Penalty for Damage of Computer, Computer System, etc. This is the section which can be said to deal directly with data spying. Section 43 says that whosoever without the permission of the owner accesses any computer ,downloads, copies or extracts any data, computer data base or such information is liable to pay compensation not exceeding rupees one crore. It takes care of all the possibilities arising out of such situations. In this case the condition of mens rea is not required, i.e. this section imposes a strict liability on every unauthorized access. 4) Penalty for breach of Confidentiality and Privacy Now, this section seeks to bring to the book people who secure access to any electronic record etc. and without the consent of the person concerned disclose the information to a third party. Shortcomings of the Act: * No steps to combat Internet Piracy- There is absolutely no legislation to combat the menace of piracy which has India firmly in its iron grip .As discussed by the researchers above India is one of the countries where there is rampant violation of copyrights. Pirates sell copyrighted material openly, on the streets, yet nothing can be done about it. * Power of Police To Search Limited to Public Places-Police officers can search public places and arrest any person having committed a cyber crime but it is seldom that such crime takes place in the open. Hence, the police have been limited in its powers by the act. * Issue of Privacy and Surveillance-There is no legislation that protects the citizens from having their physical features being examined and the details stored without their consent. When biometric systems gain currency in India the old argument of Privacy v. Security will have to be waged as it has been waged in the US. As we have seen, there are various aspects of data theft, not only the conventional one, though that remains one of the most well-known ways of data-theft, i.e. data spying .In todays world there is no one way of defining data. Data can still be in the form of a spreadsheet and also you can call information about a person including his physical features, which if they fall into the wrong hands can cause identity theft and can be used in various other ways to commit crime. The companies should monitor their employees, before hiring their employees and after hiring them. Employees should be given incentives and good salaries so that they resist the temptation to give away information to rival companies. Since it is a capitalistic system, competition will always remain, and companies will sink to unfair competition. Hence, unfair practices will always exist, and to minimize those companies should take all precautions necessary. As far as the laws concerning internet piracies go, not only in India, but the entire world needs better and more stringent laws that protect the copyright of intellectual property and stop the rampant copyright violation that has engulfed the whole world. Copyright laws need to be strengthened or else creativity will suffer since the artistes or investors will have no incentive. The music, film and publishing industry have all suffered heavily, to the tune of billions. India, also, needs more legislation, and most importantly of all, it needs to find ways to implement the existing laws, for example giving the police powers to search private places in case of suspicion of cyber crime. The definition of hacking needs to be modified and narrowed, since in the existing legislation the definition includes too many unnecessary acts. A lot of work regarding the use of biometric technology has to be done. The problem which the US face now (as has been discussed above) is the problem which is going to arise now, in India. Though biometric technology is definitely the way to go in view of the increased risk of terrorist attacks all around the globe, but there are serious issues of, not only violation of privacy, but also that of data theft, not only by criminals, but by the state itself Challenges of information technology to existing legal regime The impact of Internet on the existing legal regime can be well appreciated by the fact that the US Congress had introduced more than 50 bills pertaining to Internet and e- commerce, in the first three months of 1999 alone.[38] The issues, which need to be addressed urgently, are security of transactions, privacy, property, protection of children against an easy access to inappropriate content, jurisdiction, and validity of contracts, Procedural rules of evidence and other host of issues. Constitutional issues The issues raised by the advent of the Internet relevant to the constitutional lawyers are freedom of speech and privacy. The questions regarding the freedom of speech, which need to be answered, are: 1. Is publication, of information on the Internet equivalent to the speech and expression made by an ascertained person in real space within the political boundaries? 2. If it amounts to speech and expression should it be then regulated? 3. If it is to be regulated, should it enjoy the freedom available to press and thus subject to restrictions of article 19(2) or be treated as broadcast media, which is subject to governmental regulations? 4. Should we consider Internet a different media unparallel with the traditionally known and have to come up with different legal regime? In the developed world, a record bank is created in which individuals record image is stored. This record image is based on the information collected from different sources pertaining to an individual who remains unaware of the method, process and sources of record image[39].This record image has far reaching implications for an individual who may apply for insurance, medical care, credit and employment benefits.[40] The government also maintains electronic files, which contain sensitive information. This information is shared among the government agencies, private organisations and between the government and private sector, which in fact is facilitated by the technology itself. There is a possibility that the data collected from different sources to prepare a profile is outdated, inaccurate or out rightly false. Translating information to make it computer readable further compounds the problem. This increases the possibility of inaccuracies. Thus the objection is not that the inform ation has been collected with the knowledge of the concerned person, but the objection lies in the fact that an inaccurate information has been collected which will be repeatedly used to evaluate character, reputation, employment chances and credit worthiness of an individual who was not given chance to go through the information before it is finally stored, nor does he know the source where from the information has been collected. The Supreme Court of India has found article 21 flexible enough to encompass right to privacy within its fold. In Peoples Union for Civil Liberties v. Union of India[41] the apex court held the right to privacy a fundamental right. The apex court reminded that this right has its genesis in international instruments more particularly in articles 17[42]and 12[43] of the international Covenant on Civil and Political Rights, 1948, respectively to which India is a signatory and has to respect these instruments as they in no way infringe the domestic laws.[44] There are no two opinions about the fact that the Internet is going to be on central stage in future where an individual cannot be even in a take it or leave it situation. Its pervasiveness, speed and efficiency will provide little scope t

Wednesday, November 13, 2019

Sisters in The Color Purple Essay -- Alice Walker

In The Color Purple, written by Alice Walker, Celie's life was falling apart. Due to her step-father's actions, she became pregnant and then quickly had her children whisked away from her. She was sent away to marry a man she didn't know, and experienced more hardships than many could even attempt to fathom. Thankfully, she had her dear sister, Nettie, to think of and lean on both mentally and emotionally even when she wasn't able to be with her physically. In the beginning, the girl's mother was very sick. Their step-father took charge of the household and he began abusing Celie. Celie, being the oldest, accepted the abuse as a duty and attempted to stand her ground. She wanted to remain strong in order to insure the safety of her younger sister, Nettie. For Celie, the strength she found in enduring the abuses of her step-father remained with her throughout her life. Celie silently held her emotions inside and didn?t speak up in opposition when horrible things were going on all around her. When her step-father wanted to marry her off to Mr. _____, all she could think about was Nettie?s safety, and she never said a single word against it, though she was greatly conflicted in her mind. After she had been married off to Mr. , his sisters came to visit. They liked Celie a lot saying, ?Good housekeeper, good with children, good cook. Brother couldn?t have done better if he tried.? They weren?t able to see all the activity going on inside Celie?s head, though. She absolutely abhorred living with Mr. _____ and his horrendous children, but she had the strength she acquired from protecting Nettie, and she utilized it to suppress her emotions and in doing so, protect her well-being. Nettie was able to teach Celie any thin... ... because they had adopted Celie?s children before they had met Nettie and suspected she might have been the mother. All of this, though, was unbeknownst to Nettie. These two sisters had such an impact on the paths their lives took through their relationship. They provided each other with the strength each required to trudge though the situations their lives laid before them. They taught each other many valuable life lessons and to show love to other people. Even though they were literally oceans apart, they provided each other with a support system of family and friends, and most importantly they gave each other hope. Hope for the present and hope for the future, a future together. If Celie and Nettie didn?t have the intimate relationship they did, they wouldn?t have been able to make it through the trials to finally reach the reward of a life together in the end.