James Holmes s Theory Of Social Control Essay - 1293 Words

James Eagan Holmes was born December 13, 1987. Holmes is now identified as a mass murder after murdering 12 people and wounding 70 in a shooting that took place at a movie theater in Aurora, Colorado. Heterotypic continuity best described James Holmes behavior throughout his life. His underlying developmental process impairment stayed the same, but the way he acted them out drastically changed leading to the mass shooting. This impairment being James’ antisocial behavior. I would look at James Holmes through Sampson and Laub’s age-graded theory of social control. The three components of this theory are that structural context is intervened by informal family and school social controls, there is a continuity in antisocial behavior from childhood through adulthood, and that informal social bonds to family and employment during adulthood explain changes in criminality over the life span (Laub and Sampson 1993: 7). Although his environment was a positive one, he was also born inheriting many of his family’s traits. Some traits he received from his father were quietness, being an analytical and an academic overachiever and eventually social awkwardness. He inherited his impassiveness from his mother. Another trait passed down was mental illness which also is seen in close relatives of Holmes. During the time of the shooting, Holmes was using two psychiatric drugs. It is stated in the book that â€Å"Drugs distort individual’s thoughts, which enhances irrationalShow MoreRelated Detective Fiction Sir Arthur Conan Doyle Essay1802 Words   |  8 PagesAccording to the English crime writer P.D. James (1920-) â€Å"for a book to be described as detective fiction there must be a central mystery and one that by the end of the book is solved satisfactorily and logically, not by good luck or intuition, but by intelligent deduction from clues honestly if deceptively presented.† (James. 2009: 16). 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While some of these new medical developments, such as the growth of recreational drug use andRead MoreWitchcraft And Women : Evaluation Of Gender Theories3055 Words   |  13 PagesWitchcraft and Women: Evaluation of Gender Theories To paint an accurate portrait of the early modern European woman is not easy. Much of existing literature focuses on the words of elite women whose lives differed greatly from those of the masses. It is the experiences these all important masses which are most difficult to gain access to. Most records we have of ordinary women survive only because they were made by others: justices of the peace, clerks, doctors, and other exclusively male occupationsRead MoreStrategies for Coping with Stress Essay examples2020 Words   |  9 Pagescame up with the idea of Stress Inoculation Training (S.I.T); this is a three-step procedure for producing stress inoculation. It was designed to teach people skills for alleviating stress and achieving personal goals. It aims to control irrational and catastrophising thoughts that to coincide with stressful situations. The first step is known as conceptualisation, this is where the person analyses and identifies where their stress comes from in their lives and the waysRead MoreRumination and Unipolar Depression: How Do We Change Such Negative Thoughts?2327 Words   |  10 PagesRumination and Unipolar Depression: How Do We Change Such Negative Thoughts? PY3103: Psychopathology Syed Mohammad Alwi Aidid James Cook University (Singapore) 12717347 Tutorial C Abstract Ruminative thinking has been found to be one of the most common symptoms in patients suffering from unipolar depression due to their tendency to reflect upon themselves negatively. 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Euthanasia Should Be Allowed And Protected By Legislation

It’s My Death, My Choice The elderly woman lies in bed in extreme pain, she has months to live and wants to leave the world on her own terms. Sadly, the state she lives in has not legalized euthanasia and she is forced to live with the excruciating mental and physical pain for many more months. Many believe that a person who is terminally ill should retain the right to choose whether or not they want to die and defend the practice by saying it is financially suitable. Euthanasia should be allowed and protected by legislation because it a human’s ethical right to die and it is also economically sensible. Narratio Euthanasia is used to terminate the life of a patient to cease their suffering. â€Å"The word â€Å"euthanasia† comes from the Greek†¦show more content†¦Euthanasia generally takes place when it is the â€Å"act of bringing about the death of a hopelessly ill and suffering person in a relatively quick and painless way for reasons of mercy† (Night 1). Euthanasia can take place anywhere including a hospital or even a patient’s home. This practice has even been observed as early as the time of the ancient Mesopotamian civilization’s rise. In Sparta, it was the common practice for â€Å"each newborn child to be examined for signs of disability or sickliness which, if found, led to his death† (â€Å"Global History of† 2). This custom was meant to protect society from the unnecessary encumbrance of caring for the disabled. In ancient Greece, the physician provided a poisoned drink to a patient that was in extreme pain and in the fifteen th to seventeenth centuries, the practice of euthanization started to be studied. Sir Thomas More is known as the first priest to advocate for euthanasia. (â€Å"Global History of† 3). The social consensus nearing the nineteenth century began to air in favor of the practice. Efforts to legalize euthanasia began to surface in the US in the early twentieth century, however most of these proposals were rejected. The controversy that surrounds the practice of euthanasia revolves around multiple components of the practice. The main argument centers on whether or not euthanasia is an ethical practice. Many believe

Advert analysis. Free Essays

What Is that one, particular strategy that a marketer will employ to drive a consumer to buy a product? The answer to that Is advertising. In today’s consumer driven world, advertising is the main force behind a company’s success. The more convincing, appealing and effective the advert, the bigger the market for the product. We will write a custom essay sample on Advert analysis. or any similar topic only for you Order Now They employ appeals including logos, ethos and pathos to convey their message to the audience. The most effective adverts, it seems, are the ones aimed at beauty or simply put, â€Å"looking good†. The Avenue Active Natural advert, in a recent issue of the Natural Health Magazine, is one such advert that uses all such appeals and leaves The Avenue Active Natural advert immediately quite an impact on women. Captures ones attention while randomly flipping through the magazine pages. The advert Is about a dally moisturizing lotion that uses a special Oat Formula. It uses warm, natural colors, basically different shades of green, which sort of has a soothing and relaxing effect on the audience. It features a glowing Jennifer Animations posing with an ever radiant smile; this mage takes up the entire left side of the page. The background shows a place with a lot of greenery. On the bottom of the ad one can see the campaign slogan â€Å"see the beautiful difference healthier skin can make†, in large white font; simple yet thought provoking. To the right side is more text explaining why oat is important for dry skin and how it is recommended by dermatologists, with a â€Å"before and after test† to provide some sort of evidence of how effective it is. The product itself, the lotion pump, is shown further towards the bottom of the page. On the top right corner is the brand name, â€Å"Avenue, active naturals† In white font. Since this ad Is featured in a women’s health magazine, It ill capture the attention of health conscious women. It will target women who are looking for a good and effective moisturizer. Those who have skin problems, specifically dry skin, might find this ad particularly useful since It claims that the moisturizer uses oats which are recommended for dry skin. Health conscious women mostly look for organic products with the least amount of chemical because they are so conscious about their skin. Every woman wants to look as close to perfect as possible. They are always on the move to find anything that will make them look good, s good as the models they see in magazines and in ads such as this one. Advertisers know that women will never be happy with how they look. Ads like these play on such insecurities and they always seem to succeed! The ad effectively makes use of logos to educate women as to why it would be a rational decision to buy this product. â€Å"Healthy, beautiful skin begins with oat†. That right there makes the audience want to read on. The more she reads, she learns that the moisturizer uses an exclusive oat formula. She’s Impressed. What comes next really makes her eager to try this product. The ad says how oat Is recommended by dermatologists â€Å"to Improve the health of dry skin†. Did somebody say â€Å"dermatologists†? With the support of fact true that oat is one of natures’ best kept beauty secrets. If women had any doubt about that, well this information Just proves them otherwise. Furthermore, the ad shows a skin test to prove how using the product will improve skin in one day and show significant changes within Just two weeks. Through this information and mostly professional opinion on the matter, the advertiser sets out to show that they care about the audience enough to provide them with such information. Pathos is used almost everywhere in this advert. Firstly, the text plays a very important role. Phrases such as â€Å"see the beautiful difference healthier skin can make† play on the audience’s emotions in the sense that it makes them curious as to what exactly â€Å"beautiful difference† means. Furthermore, it mentions how beautiful skin begins with oat. This again appeals to the audience. It makes them confident and believe that there is something out there that will give them better, more beautiful skin. Words like â€Å"exclusive oat formula† make the product seem unique. The advert levelly makes use of a beaming Jennifer Animations who is renowned for her natural beauty. It is trying to convince the audience that they too can look as beautiful and radiant as Jennifer Animations, if they use the product. Moreover, the warm, natural colors, as well as the greenery in the background and the clear blue sky, have a soothing effect on the audience. They are relaxing to the eyes and give an overall â€Å"natural† feel and that is exactly how the advert wants the audience to feel when thinking about the product since it uses a natural formula. Lastly, the advert employs ethos to build up trust among the audience. If someone as famous as Jennifer Animations has chosen to campaign for the product, then it is probably something worthy of using. It is probably effective because it is making her and has always made her look that good. This exact notion goes through the audience’s mind when looking at the advert. Now whenever they talk or think about the product, they will probably say something like, â€Å"Oh! It is the same brand Jennifer Animations uses. † Furthermore, the advert shows the reliability of the product with the statement, â€Å"it’s the ingredients most recommended by dermatologists†. It also uses phrases like proven to seal in moisture for healthier skin†, emphasis on â€Å"proven†, to further strengthen the trust element among the audience. It is safe to say that this advert was a successful one. Surely, it made a lot of women get off their sofas and drive to the mall to look for Avenue, Active Naturals moisturizing lotion. If not that, it must have at least triggered some sort of response out of the women. The reason for that is that the ad successfully appeals to and prompts the audiences’ emotions and their sense of trust and reason. Such a technique is of the best sort when it comes to beauty products like this one. How to cite Advert analysis., Papers

Discussion on Australian Consumer Law-Free-Samples for Students

Question: Discuss the ACCCs possible causes of action (and the likely outcome) and appropriate remedies, if successful. You should support your answer with relevant legislation and case law. Answer: Issue: The issues that have been identified in the given case study are: whether Ohau engaged in misleading and deceptive conduct while advertising for its product Less is best and what are the possible claims What the possible Causes of action of ACCC are in this given scenario Rule: It can be said in accordance with section 2(1) of the ACL that trade or commerce in the context of Australian Consumer Law can be defined as any professional or business activity or any trade or commerce within the territorial boundaries of Australia as well as trade and commerce between any place outside Australia and Australia. It has been provided in subsection 2(2) (a) and (b) of the ACL that a companys act of engaging in a conduct can be referred to: refusing or giving effect to the terms of the contract, giving effect to a provision of understanding Giving of a covenant. As provided in section 18 of Australian Consumer Law, it can be said that any company or business organization must not engage in misleading and deceptive conduct. An objective test can be applied by the courts to identify whether the conduct is misleading and deceptive. In the case Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191, it had been held that the courts must take into consideration whether fair reading or viewing of the conduct would lead an original or reasonable member of the target audience to be deceived. It has been provided in section 4(1) of the ACL that any representation made by a person with respect to future matter would be considered to be misleading in nature if the person who made the representation without having reasonable grounds to believe such representation to be true. It has been provided in subsection 4(2) of the ACL that for commencing proceedings in relation to subsection 1 for making any representation about a future matter by either of the parties to the proceeding or any other person, it would be held that such party did not have reasonable grounds to make the representation unless evidence suggests otherwise. It has been provided in section 29(1) of the ACL that any person who engages in trade or commerce specifically in relation to supply of goods and services must not promote any service or goods by making a misleading and false representation particularly about the standard, quality, value and composition of the product. Business must not any cost engage in advertising which misleads or deceives the customers even if the business did not intend to deceive the customers and no damage was sustained by the consumers by relying on such misleading and deceptive conduct. Some of the important cases which deal with misleading and deceptive conduct are Google Inc v Australian Competition and Consumer Commission[1], Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2]and Sidhu v Van Dyke[3]. It had been held by Gibbs CJ in the case Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd that the meaning of the words which are likely to mislead or deceive customers is misleading and deceptive is opaque. Firstly it is important to assess what constitutes misleading or deceptive conduct. It can be stated in accordance with the judgment of the case Google Inc[4] that misleading or deceptive conduct can be referred to any act which leads another person to commit an error. The principles of dete rmining whether an act contravenes the provisions of misleading or deceptive conduct had been enumerated in the case Butcher v Lachlan Realty Pty Ltd[5]: Whether the conduct is deceptive and misleading is question of fact. For the purpose of assessing whether the conduct is consideration has contravened the provision as provided in section 52 of the former Trade Practices Act which has been replaced by section 18 of the ACL, it is important to evaluate the conduct as a whole in light of the circumstances involved. The relevant statements or actions or any silence which constituted the misleading and deceptive conduct has to be deduced by the court from the whole conduct. It can be stated that when the contravention relates to document, such document has to be scrutinized by the court in relation to the evidence which suggested the contravention. Whether the conduct has contravened the provisions of section 18 of the ACL is a question which has to be determined by the courts. Further as provided in the decision of case Google Inc, it can be stated that: The words likely to deceive or mislead make it expressly clear that it is not required to demonstrate the actual action to establish the occurrence of the contravention The conduct which targets a class of persons who range from gullible to astute, the courts must assess whether a reasonable person belonging to the class would be misled or be deceived. Any conduct which causes confusion in the minds of the consumers will not be held to be co-extensive with misleading or deceptive conduct. The intention of the defendant to mislead or deceive the customers is in significant in relation to determining the nature of the conduct. It can be stated that it is important to assess whether the conduct of the business is likely to affect the impression of audience. Any conduct can be held to be misleading if such conduct if the overall impression created by the product is false and inaccurate. As held in the recent case Singtel Optus Pty Ltd v Australian Competition and Consumer Commission[6], a business is required to disclose material facts and provide relevant information so as to avoid engaging in misleading or deceptive conduct. A business is also required to disclose additional information to the customers of the business where it is expected that the conduct of the business is likely to have a misleading impact on the customers. The courts have the power to order corrective advertising where it is determined by the court that the advertisement given by the company was misleading and deceptive in accordance with section 232(1), (2) of the Australian Consumer Law. Further in accordance with section 232(4) it can be stated that the courts have the power to pass an injunction order restraining the contravening conduct of the defendant. The courts will impose a penalty on the corporation or company if it s assessed by the court that plaintiff had sustained some loss or damages by relying on the misleading and deceptive conduct of the defendant. The cases Wardley Australia Ltd v Western Australia[7] and Marks v GIO Australia Holdings Ltd[8] contain the principles which are to be taken into account by the curt while evaluating on what basis the damages are to be awarded. Application By the application of section 4(1) of the ACL it can be stated that the company made false claims about future events that the customers would lose weight by consuming their product without any reasonable ground to believe their claims to be true. Therefore the company engaged in making misleading representation. The company made false claims about the benefits of its product without having reasonable grounds to believe such claims to be true. ACCC had inspected and found out there was no clinical proof of what the company had claimed. Further by the application of section 29(1) of the ACL to the facts of the case it can be stated that the company promoted their product by making false and misleading representation about the provisions mentioned in the section. The company promoted their product by claiming that consumers would lose weight upon consumption of the product. Thus by discussing the facts of the case it can be stated that the company had engaged in misleading and deceptive conduct. The conduct of the company can be analyzed by the application of the test as established in the Butcher v Lachlan Realty Pty Ltd case. In relation to the findings of this case the courts can assess the following: that the advertisement constituted misleading and deceptive conduct as it is in relation to the facts of the advertisement. There was no reasonable ground to substantiate the claims of the company. The conduct of the company targeted the audience ranging from astute to gullible. However it can be assessed by the court that any reasonable person would have been misled and be deceived by the advertisement as the company had made false claims about the fact that their products were clinically proven to reduce weight. Further it can be stated that the intention to deceive the customers was directly related to the nature of the product. Further by the application of the decision of the case Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191, it can be said that conduct was misleading as any ordinary or reasonable person of the target audience would have been deceived by the conduct. Thus this conduct can be held to be in contravention of the provisions of section 18 of the Australian Consumer law and therefore it can be concluded that the company indulged in advertising which was misleading and deceptive. Further in accordance with the decision of the Google Inc v ACCC case it can be stated that the conduct of the company in consideration does not have mislead or deceive the customers in actual. In accordance with the judgment of the Google Inc v ACCC it can be stated that the words likely to mislead or deceive as provided in section 18 applies to the companies even when the conduct of the company was unintentional. Thus in this case it is clearly evident that the company engaged in misleading conduct and in can rely on the defense of intention. The court in relation to this case can thus order the company to engage in corrective advertisement in accordance with section 232(1) (2) of the ACL. The court can even order an injunction to retrain the company from engaging misleading and deceptive advertisement as per the section 232(4). The court has the power to grant damages to an party who has suffered any detriment by relying on the misleading and deceptive conduct of the defendant, however a test has to be applied by the court to assess the compensation amount as held in the case Wardley Australia Ltd v Western Australia. Conclusion Thus to conclude, it can be said that ACCC can start proceedings against the company for engaging in misleading and deceptive conduct. Reference List: Australian Competition and Consumer Commission (ACCC) Trade practices act 1974 Competition and Consumer Act 2010 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 304 ALR 186 Inc v Australian Competition and Consumer Commission (2013) 249 CLR 435 Sidhu v Van Dyke (2014) 308 ALR 232 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Butcher v Lachlan Realty Pty Ltd (2004) 218 CLR 592 at 625 [109] Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20, Wardley Australia Ltd v Western Australia [1992] 109 ALR 247, (1992) 175 CLR 514 and Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 19