Essay on The Existence of God - 1579 Words

In answering questions regarding God, the argument from evil is a very peculiar argument. Most of the arguments we deal with will try to prove the existence of god. This argument on the other hand attempts to do the opposite and I really stress on the word attempt. Another reason why I say it is peculiar is because it is not just one argument, but rather a series of three arguments. In my opinion, this argument is quite weak and does not prove what it was intended to prove but rather it does the opposite. I would say that it somewhat opens doors to prove the existence of God. Throughout this essay, my goal is not to prove to you that God exists or doesnt exist, but my goal here today is to provide you with some criticism towards this†¦show more content†¦So if a being posses these three basic qualities at its maximum or to infinity, then that being must definitely be God. One may wonder what evil is and as I mentioned before, evil is broken into two groups. One may also wonder weather evil even exists, but I will go over that later on. So with that aside, evil are the wrong that are brought into existence by human actions, and this is suffering that human beings inflict on each other. The other evil is the evil that exist because of natural events that are not under human control. This may be in the form of a natural disaster such as a plague or an earthquake. Now by knowing what God and evil is, I will assure you that you will get a better understanding of what the argument really means. More or less, the argument states that if there was a God, He must be all PKG (powerful, knowing, and good) and by being all PKG, then there would be no evil in the world. It then goes on saying that yes! evil does exist. If you were to look at the world anywhere, you would find at least one of the evils. So since evil exists, according to the argument, then there is no God. Here we find the use of a valid argument. It has the following skeleton (1) If T, then P (2) Not P (3) Not T So any argument which uses this same format is completely valid. In the argument it claims that since evil exists, then God does notShow MoreRelatedThe Existence Of God : God1305 Words   |  6 PagesThe existence of God has been in question for as long as mankind has existed and thought logically. Many questions have plagued the human mind in regards to God, and there have been many arguments drawn with the hopes of proving the existence of a supreme being whom we know as God. The â€Å"God† question has been presented to every individual at some point in their lives. It is a topic that will bring forth never-ending questions and an equal amount of attempted answers. Many philosophers have formulatedRead MoreThe Existence Of God1304 Words   |  6 PagesIn this paper I’m going to argue that there exists only one God who is the most beneficent and the most merciful and that Blackburn’s claim for the existence of evil doesn t prove that there does not exist a God who is all knowing, all good and all powerful. Exposition:(349 words) In chapter five, Blackburn expresses his take on the existence of God. He believes that people with religious beliefs have to be evaluated â€Å"in terms of truth and falsity†. He thinks that that it is just the set of ritualsRead MoreThe Existence Of God s Existence1339 Words   |  6 Pagesidea of God. The existence of God is one of the most sought out topic that is frequently inquired. Is there really a God or is God merely a concept humans created to explain the unexplainable? And if God does exist, what makes him different from the rest of us? A well-known philosopher, St. Thomas Aquinas, introduced five proofs including the Cosmological Arguments of God’s existence, as well as explained some divine qualities that are associated with God. The nature of God’s existence is oftenRead MoreThe Existence of God1317 Words   |  6 PagesThe Existence of God For centuries, the idea of God has been a part of mans history. Past and present, there has always been a different integration consisting of the believers and the non-believers of God. The group of those who have faith in God tend to be related to one religion or another. On the other hand, the skeptics find the existence of God somewhat puzzling and try to seek the answers through scientific methods. Even as of today with all the modern technologies and the developmentRead MoreThe Existence Of God2601 Words   |  11 Pagesstatements established about the unseen and natural forces since the beginning of time. It gave rise to questions such as: Do aliens exist? Is there a world of the unseen? Life after Death and the most popular question since the beginning of times, Does God exists? And the answer is ‘yes’. Here is how I will justify my stance. Imagine yourself walking in the middle of a desert, which shows no signs of life regardless of which ever direction your eyes turn to. When, suddenly, you see something reflectingRead MoreGod s Existence Of God936 Words   |  4 PagesNot Be Afraid to Explore More Than One Religion God’s existence sometimes does not exist to certain people. When it comes to the teaching and knowledge about God many people are not aware because they have never been taught about how God appeared on the earth. I choose this topic because I was one of those people who has never really been raised around certain religion nor about the teaching how God came to be. However, I have been taught that God does exist and that his son Jesus are the reason forRead MoreThe Argument On The Existence Of God1629 Words   |  7 PagesThe idea of God has been a part of man’s history for centuries. Since time began there has been various combination of believers, and non-believers. Individuals who believes in God, belong to many different religion. Whereas, skeptics find the existence of God somewhat baffling, and have continually sought answers to His existence through scientific methods. As the world progresses in scientific, and technological advancement, the human race still face s the question of God’s existence. Many philosophersRead MoreAtheism And The Existence Of God Essay1294 Words   |  6 Pagesevident fact that God exists. Whereas some atheists would claim that the theists bear the burden of proof since they are making supernatural claims. In the following essay I will be discussing both opinions on this matter, and perhaps show how the burden of proof lies on both of them and neither of them. I will begin this discussion by defining the recurring terms during the discussion on the existence of God. Traditionally the three attitudes one could hold towards the existence of God are theism, atheismRead MoreEvil And The Existence Of God1147 Words   |  5 PagesThis essay is based on how the problem of evil attacks head on into the existence of god who is all good, all powerful and all knowing. The problem of evil is a wide area that can t be outrun easily. The concept of evil has been problematic to many philosophers. When speaking about evil, we all have the idea that is the absence of good. For some religious people, Evil has been described as a supernatural force, although for others is been described as part of the human nature. Blackburn mainly raiseRead MoreEssay on The Existence Of God908 Words   |  4 PagesPopular Arguments For The Existence Of God The Ontological Argument One of the most important attempts to demonstrate the existence of God is the ontological argument of Saint Anselm, an 11th-century theologian. Anselm’s argument maintains that God, defined as the greatest being that can be conceived, must exist, since a being that does not exist would by virtue of that fact lack an attribute that contributes to its greatness. Critics have questioned, however, whether existence actually contributes

The Omnivore s Dilemma By Michael Pollan - 922 Words

How much do you really know about the food you eat? Reading the book â€Å"The Omnivore s Dilemma† by Michael Pollan,†Getting Real About the High Price of Our Cheap Food† by Bryan Walsh, and the movie â€Å"Food Inc.† gave me an idea of how our food is made and what is in it. Also reading the books gave me an idea, Michael Pollan mostly talked about corn and Bryan Walsh talking about high prices of our cheap food. Robert Kenner explains how we should look into our food to save us from getting sick or becoming obese. Michael Pollans argument is how corn is in everything we eat. His claim is, most of what we eat is corn, in one way or another. Corn is in pills, diapers, charcoal, and batteries.That’s crazy. We don’t eat batteries or diapers. When we eat our food it just doesn t taste like a ball of corn. His evidence is corn feeds the steer that becomes your steak, the chicken that lays your eggs, the pig that becomes your pork, the catfish in the catfish farm, and the corn that feeds your dairy cow that becomes your milk, cheese and ice cream. Everybody thinks since corn is a Bunn 2 vegetable it’s in all of our foods we’re eating healthier and getting our vegetables but were not. Just because corn is a vegetable doesn t mean the corn in our food is healthy. Most of the corn in our bad foods is High Fructose Corn Syrup. It’s that sweet taste in most of our foods but just because its made out of corn doesn t mean it s healthier for us. All that extra stuff is doing is addingShow MoreRelatedThe Omnivore s Dilemma By Michael Pollan1423 Words   |  6 PagesBilger s piece, Nature s Spoils, explores the abnormal way of eating, which is the fermentation of food. It is usually a safe practice, and also produces vitamins in the making. The Omnivore s Dilemma by Michael Pollan expresses the problem of how humans select food. In How Do We Choose What to Eat? by Susan Bowerman she points out the influences on people’s life that affects their eating habits. By using Bowerman’s article as the keystone, Nature’s Spoils and Th e Omnivore’s Dilemma can be comparedRead MoreOmnivore s Dilemma By Michael Pollan1657 Words   |  7 PagesBenecia Felix COL:Earth Book Review Omnivore’s Dilemma By Michael Pollan Michael Pollan is the author of several New York Times bestseller books including the Omnivore’s Dilemma. He is a professor of journalism at UC Berkeley Graduate School of Journalism. Michael Pollan’s perspective on food is that we should know what is in it and where it comes from, who grows it and how. The theme of this book is the industrial revolution for food. Its purpose is to make awareness that our food is gettingRead MoreThe Omnivore s Dilemma By Michael Pollan922 Words   |  4 PagesReading the book â€Å"The Omnivore s Dilemma† by Michael Pollan,†Getting Real About the High Price of Our Cheap Food† by Bryan Walsh, and the movie â€Å"Food Inc.† gave me an idea of how our food is made and what is in it. Also reading the books gave me an idea, Michael Pollan mostly talked about corn and Bryan Walsh talking about high prices of our cheap food. Robert Kenner explains how we should look into our food to save us from getting sick or beco ming obese. Michael Pollans argument is how corn isRead MoreThe Omnivore s Dilemma By Michael Pollan1412 Words   |  6 Pagesyou think about the food you choose to eat? In The Omnivore’s Dilemma, Michael Pollan weaves through personal anecdotes, scientific studies, and thought-provoking questions about ethics and the human condition in order to force readers to think more critically about their meals. The book’s overarching theme, addressed directly and indirectly over and over again, is that America is afflicted with a â€Å"national eating disorder.† As omnivores and citizens of a highly developed nation, we are confrontedRead MoreThe Omnivore s Dilemma By Michael Pollan2402 Words   |  10 PagesThe Omnivore’s Dilemma, written by Michael Pollan, gives light to the question, â€Å"What should we have for dinner?† that he thinks Americans today cannot answer simply due to the fact that there are too many food options. This book serves as an eye-opener to ch allenge readers to be more aware and accountable of what is consumed daily. In order to understand fully where our food comes from, we must follow it back to the very beginning. Pollan goes on to discuss three different modern food chains inRead MoreThe Omnivore s Dilemma By Michael Pollan1122 Words   |  5 PagesThe Omnivore’s Dilemma by Michael Pollan is a comprehensive look into the present day food culture of the United States. Throughout the book the author tries to find out the true composition of the diet that is consumed by Americans on a daily basis. There is an excessive dependence by the American population on the government to know which food is good for them. This paper will critically analyze the book as well as the stance that the author has taken. Since there is a deluge of information aboutRead MoreThe Omnivore s Dilemma By Michael Pollan940 Words   |  4 Pagesentirely healthy for me. Michael Pollan, who is the author of the book The Omnivore’s Di lemma, has opened my mind. While reading the first couple of chapters of The Omnivore’s Dilemma, I’ve realized that I don’t know much about the food I eat daily. For example, I didn’t know that farmers not only feed corn but also antibiotics to their animals (Walsh 34). In The Omnivore’s Dilemma, Pollan makes a strange statement, â€Å"You are what what you eat eats, too† (Pollan 84). Pollan continuously emphasizesRead MoreAnalysis Of The Omnivore s Dilemma, By Michael Pollan2030 Words   |  9 PagesThis act increased the amount of farm land that is meant to be used in the States for growing corn from 60 million acres to a whopping 90 million acres. Such a significant increase cannot go without some kind of effect. Writer, Michael Pollan, in his book â€Å"The Omnivore’s Dilemma†, discusses the instability of the US farming industry as well as the negative environmental implications corn has on us. This instability and enviro nmental impact has given rise to movements promoting a return to more organicRead MoreAnalysis Of The Book Omnivore s Dilemma By Michael Pollan1767 Words   |  8 PagesIn the book Omnivore’s Dilemma by Michael Pollan, he talks about our national eating disorders started and the impact it has on the world. Pollan argues with the nature of its supermarket and how it is linked to our food production. In saying this where do these foods come from? What are they made of? And who produces it? His self-discoveries covers the ins and out of our food systems through industrials corn, pastoral grass (organic food), and the forest (hunting-gathering). In the Chapter â€Å"OurRead MoreAbstarct. This Paper Will Review And Discuss Michael Pollan’S1444 Words   |  6 Pagesdiscuss Michael Pollan’s The Omnivore’s Dilemma, A Natural History of Four Meals, which was named a New York Times best seller. Michael holds the prestigious title of the John S. and James L. Knig ht Professor of Journalism at Berkeley, as well as being a contributor to the New York Times Magazine. He also has the distinction of being named one of the one hundred most influential people in the world by Time magazine. The author will discuss the book, its references to the omnivores dilemma, but most

Entrepreneurship and Innovation

Question: Discuss about theEntrepreneurship and Innovation. Answer: Critical Evaluation of the Organizational Characteristics Facilitating the Innovation Process Business organizations tend to incorporate ongoing changes in the environment for achieving a competitive advantage and ensuring their sustainability. The article How Startup Culture is Changing Innovation Strategies at Enterprises aims to emphasize on the recent innovation strategies of the organization that places start-up culture as its mainstream idea. This helps the organization to gain knowledge of the innovators outside and thus utilize their skills and competencies in their innovation process. In this context, the present section aims to critically analyze the organizational characteristics of Nestle that facilitates its innovation process (Wilson, 2016). Nestle is recognized as largest food and beverage company around the world and has become a leader in nutrition and health on the basis of its continuous innovation efforts that helps it in delivering high-quality products to the customers (Sustainable Innovation and Renovation, 2010). Decentralized organizational structure of Nestle is largely facilitating it to drive innovation in its products. The Nestle group comprises of about 431 legally independent units that are partly owned and thus have full authority of taking all the operational decisions without gaining approval from the parent company. The company has established a flat and flexible structure with minimal management level and widen span of control to enhance its operational effectiveness. The development of such an organizational structure enables the company to meet instantly the consumer needs by increasing its operational efficiency. The establishment of such a structural framework within the company has proved very beneficial for Nestle to motivate the employees by encouraging their participation in the decision-making process (The Nestl Management and Leadership Principles, 2013). Nestle has also incorporated the use of effective talent management strategies that motivates and inspires its employees to create value for the company. The leaders of the company have developed a work-culture that effectively links the personal commitment level of the employees with the organizational commitment. The business leaders inspired the employees to think from different perspectives and have fostered a work environment that has opened to risk and possibility of making mistakes for continuous learning and development of employees. This ensures the promotion of innovative climate in the company. The company also incorporates latest technologies for driving its innovation cycle and stay ahead of competition. Nestle has established its Silicon Valley innovation outpost in 2013 to gain support from high-tech companies in developing its products and meeting changing customer needs appropriately. The development of such an innovation Centre in Silicon Valley facilitates the comp any to take advantage of latest technologies and engineering practices in manufacturing its products thus driving its innovation (Sustainable Innovation and Renovation, 2010). Strategic Approach to Nestls Innovation Management Nestle has developed a strong corporate culture as is reflected by its mission statement that emphasizes on health, wellness and nutrition of its customers. The company has maintained a strong work culture though people orientation in comparison to its products and systems. The companys culture emphasizes on promoting the employees and customers well-being through developing its shared values and principles (Siegert, 2014). The employees are motivated to work harder through empowering them by the adoption of a decentralized structure. The company aims to create value for its customers by delivering them high-quality products by meeting all the safety standards. The organizational culture also shows respects to the beliefs and customers of people belonging to various diversity and traditions. The company aims to promote integrity in its work culture through strictly adhering to its core values and principles. The development of such a strong work-culture is the main corporate strength of the company that encourages its leaders and employees to drive and sustain a climate of innovation. The leaders and managers of the company promote a work-culture where employees creativity and innovative skills are strongly supported so that they continuously develop unique products with high quality (The Nestl Management and Leadership Principles. 2013). The strategic changes formulated for the company to improve its innovation management are implementing a start-up culture through partnering with a global leader in the same industry, developing innovation contests for generating new idea to support the innovation management and giving proper time for successfully completing the innovation process. In accordance with the article, Nestle is recommended to adopt the strategic change of incorporating a startup culture to strengthen its innovation management. The development of a new startup unit will facilitate the company to approach innovation in new ways by recruiting and selecting innovators that develops unique and high-tech products in accordance with customer needs and requirements. In addition to this, the company can also implement the strategic change of implementing innovation contests for seeking new advices and opinions of young innovators to improve its innovation management. Proper time-management is also necessary for th e company so that each and every step of innovation process gets completed successfully. This requires the company to identify the various tasks and activities involved in the time-management successfully and allocate sufficient time for very task so that all the activities get completed in a sequential manner (Wilson, 2016). Action Plan for Establishing an Innovative Environment in Nestle Strategies Programs Activities Tasks Resource Allocation Establishing a Startup Unit The company can launch its new startup unit by engaging in active partnership with any global leader in the food and beverages industry such as Cadbury that will support its innovation process by rendering support in terms of talented people and latest technological developments. The main activities involved before establishing a new startup unit by the company involves idea-generation that will enable the company to generate new ides regarding the innovative products and services that it can offer through the use of latest technologies. The generation of new ideas can be achieved by the company through the help of brainstorming sessions and launching idea campaigns. Brainstorming session involves gaining the deal of group if people regarding the strategic change that will enable the management people to think more creatively. Idea campaigning can be achieved through incorporating the idea of geographically dispersed team regarding the adoption of the specific strategic change. The main tasks involved in establishing a new startup unit by the company involves modifying its organizational structure, implementing employee training and development program and reforming the business structures and processes. This can be achieved by Nestle through carrying out a proper analysis of the external environment in which it is aiming to conduct its business operations. The external analysis carried out will help the company in modifying its existing business procedures and practices in accordance with new environment. The main resources require are selecting the business location, gaining funds, obtaining permits and licenses, registering with tax authorities. Prizing Innovation Nestle can introduce innovation contests such as that done by Amazon by launching its Start-up challenge. The introduction of such a challenge will enable the company to gain views and opinions of different innovators outside to implement the planned innovation. The contests will be associated with a prize for the best mind that provides most creative solutions for the innovation process. The innovation contest can consist of activities such as design-thinking that will provide a platform for the young innovators to design the best possible creative strategy for the company to innovate in the new environment. The innovators participating in the quiz contest will be motivated to develop the best possible design by rewarding their creativity with prizes. The tasks for the company to introduce an innovation contest consist of designing certain problematic situations that it can encounter at the time of implementing their innovation process. The problematic situations can be then presented to the innovators to seek their help for developing solutions to the problems in context. Funds for launching innovation contests for the purpose of posting its advertisements on mass and digital media to encourage participation of the young entrepreneurs. Making Time for Innovation Nestle need to invest in time for successful innovation. This can be achieved by the company by designing and implementing a time-management strategy. Time-management will help the company to develop a proper framework to carry out the different tasks in their innovation process within a stipulated period of time. The activities for the specific strategic change in the company consist of designing various processes that will help in developing a time-management framework for the company. The different tasks for developing a time-management strategy consists of identifying and prioritizing the different tasks in the innovation process, avoiding multi-tasking, focusing on high-value tasks primarily and visualizing the idea by taking sufficient time before implementing. Allocating adequate time to the group team involved in the innovation process. Recommendations The action plan designed has proposed strategic changes to Nestle for establishing and sustaining an innovative environment in its workplace culture. However, on the basis of its organizational characteristics it can be stated that the company has successfully developed an innovative culture that is responsible for its growth and success worldwide. The company is recommended to implement the strategic changes proposed for sustaining innovation in its work environment. The formulated SPATRes (strategies, programs, activities, tasks and resources allocation has proposed that the company need to implement a start-up culture in its innovate environment. The development of new business unit by Nestle should specially aims to attract and recruit the innovators who have greater demands of working in flexible environment (Wilson, 2016). The innovators can often develop new and unique products and services in accordance with the changing market needs and thus support the entrepreneurial initi atives of the company. Big corporations are emphasizing on startup culture as a part of their innovation strategy such as Nike has partnered with Techstars to start a Fuel Lab. Nestle can also engaged in active partnership with any global leader in the food and beverages industry such as Cadbury that will support its innovation process by rendering support in terms of talented people and latest technological developments. The creation of such a startup unit will provide access to the company to new markets and thus enhance its profitability through improved innovation management. The successful implementation of a start-up culture requires design-thinking by the company through developing innovation contests to generate and acquire new ideas from the talented people across the world. The company must also allocate proper time for its innovation processes to visualize the idea generated to minimize the chances of occurrence of any risk or contingency condition (Wilson, 2016). References Siegert, L. 2014. Sustainable development approaches in the food and beverage industry: A comparison between Nestl SA and Kraft Foods Inc. Anchor Academic Publishing. Sustainable Innovation and Renovation. 2010. [Online]. Available at: https://www.nestle.co.id/eng/randd/sustainableinnovation [Accessed on: 9 September 2016]. The Nestl Management and Leadership Principles. 2013. [Online]. Available at: https://www.nestle.com/asset-library/Documents/Library/Documents/People/Management-Leadership-Principles-EN.pdf [Accessed on: 9 September 2016]. Wilson, G. 2016. How startup culture is changing innovation strategies at enterprises. [Online]. Available at: https://www.enterpriseinnovation.net/article/how-startup-culture-changing-innovation-strategies-enterprises-357546913 [Accessed on: 9 September 2016].

Spousal Testamony against an accused Essay Example For Students

Spousal Testamony against an accused Essay Dating back to the 16th century, spouses were not deemed to be competent to testify evidence against their spouse.The reasons were a lot simpler than they are today. Anyone with a perceived interest in litigation was deemed to be biased and therefore unfit to testify. Under common law spouses are considered to be one and the same. Since the 16th century the issue of spouses and their ability to give evidence against their partners has become more and more complicated. Modern day courts rely more on preserving the sanctity of the marriage than preserving the incompetence standard. The ability to block spousal testimony does not however apply to all couples under the law. Those in common law relationships are not considered to be one and the same and these spousess are able to give testimony about events that occurred during the relationship.Ultimately, because the issue falls under common law the question of whether a husband or wife to can be compelled to give evidence against there spouse was at the justices discretion. Most justices are more likely to compel spousal testimony in cases of violence and domestic abuse. The majority of these offences are committed on a one on one basis with either no one to witness the abuse, or a child incapable of being called as a witness. The testimony evidence of the spouse is often the only proof that an offence occurred. In R. v. McGinty, Justice McLachlin concluded that competence included compellability and added a new policy dimension to the analysis. She observed: policy interests favoured compelling testimony in cas es of domestic violence. Competence without compellability would more likely contribute to family discord than prevent it. In the matter of appearance, she noted that: fair-minded persons generally find it abhorrent that persons who commit crimes go un-prosecuted. The states duty to protect the safety of its citizens, underlies the testimonial competence in cases of violence against a spouse, also dictates that the spouse be complellable. Fundamentally the main factors facing a Justice in their decision is the matter of public safety and the harmony of the marriage. Compelling a spouse to testify against their partner is in direct conflict with that ideology. Therefore divorced or legally separated couples do not fall under this category. In R. v. Bailey it was determined that spousal incompetence does not survive divorce. Justice Morden observed that: The modern policy justification for the rule in question is that is supports marital harmony. It is difficult to see how this policy has any sensible application to a situation where the marriage no longer exists. The incompetence should not survive the dissolution of the marriage. A divorced spouse should not be disqualified from testifying concerning events which occurred during the marriage.The Canadian society as a whole and our views and beliefs with regard to marriage and divorce are constantly evolving. The modern legal system has had to adapt and take un-foreseen factors into consideration such as legal separation in regards to the question of compellability. During R. v. Salituro, the Supreme Court altered the common law rule with regards to spouses who were irreconcilably separated.During trial a woman gave testimony against her husband with regard to fraud that was committed against her. The man was convicted and appealed; the basis for this appeal was that his wife like any spouse was incompetent of giving evidence. Supreme Court Justice J. Iacobucci concluded that: any policy justification based on marital harmony necessarily disappears upon divorce or the irreconcilable separation of spouses. A continuation of incompetence would be contrary to charter values since it denied choice to the woman in favour of a historical rule that was promulgated at a time when a womens legal personality was incorporated into that of her husbands. The Supreme Court upheld this common law decision in R.v. Hawkins, where again a wife gave evidence against her husband this time at a preliminary hearing. The Justices ruled that: While such alternative approaches to the rule of spousal incompetence may serve to promote the autonomy and dignity of an individual spouse, it is our opinion that any significant change to the rule should not be made by the courts, but should rather be left to parliament.Parliaments legislative response was section 4 of the Canada Evidence Act:Section 4:4(1) Every person charged with an offence, and, except as otherwise provided in this section, the wife or husband, as the case may be, of the person charged, is a competent witness for the defence, whether the person so charged is charged solely or jointly with another person. .ubc6d0ea24281d873ac328fd70f29c30b , .ubc6d0ea24281d873ac328fd70f29c30b .postImageUrl , .ubc6d0ea24281d873ac328fd70f29c30b .centered-text-area { min-height: 80px; position: relative; } .ubc6d0ea24281d873ac328fd70f29c30b , .ubc6d0ea24281d873ac328fd70f29c30b:hover , .ubc6d0ea24281d873ac328fd70f29c30b:visited , .ubc6d0ea24281d873ac328fd70f29c30b:active { border:0!important; } .ubc6d0ea24281d873ac328fd70f29c30b .clearfix:after { content: ""; display: table; clear: both; } .ubc6d0ea24281d873ac328fd70f29c30b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ubc6d0ea24281d873ac328fd70f29c30b:active , .ubc6d0ea24281d873ac328fd70f29c30b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ubc6d0ea24281d873ac328fd70f29c30b .centered-text-area { width: 100%; position: relative ; } .ubc6d0ea24281d873ac328fd70f29c30b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ubc6d0ea24281d873ac328fd70f29c30b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ubc6d0ea24281d873ac328fd70f29c30b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ubc6d0ea24281d873ac328fd70f29c30b:hover .ctaButton { background-color: #34495E!important; } .ubc6d0ea24281d873ac328fd70f29c30b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ubc6d0ea24281d873ac328fd70f29c30b .ubc6d0ea24281d873ac328fd70f29c30b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ubc6d0ea24281d873ac328fd70f29c30b:after { content: ""; display: block; clear: both; } READ: A Brief Introduction to Margaret Laurence Essay We will write a custom essay on Spousal Testamony against an accused specifically for you for only $16.38 $13.9/page Order now (2) The wife or husband of a person charged with an offence against subsection 50(1) of the Young Offenders Act or with sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the criminal code, or an attempt to commit any such offence, is competent and compellable witness for the prosecution with the consent of the person charged. (3) No husband is compellable to disclose any communication made to him by his wife during their marriage, and no wife is compellable to disclose any communication made to her by her husband during their marriage. (4) The wife or husband of a person charged with an offence against any of section 220, 221, 235, 236, 237, 239, 240, 266 to 269 of the criminal code where the complainant or victim is under the age of fourteen years is competent and compellable witness for the prosecution without the consent of the person charged. (5) Nothing in this section affects a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person, (6) The failure of the person charged, or of the wife or husband of that person, to testify shall not be made the subject of comment by the judge or by counsel for the prosecution. The large scope of Section Four of the Canada Evidence Act still leaves a huge gap open for judicial interpretation. While addressing a number of key components the act left out crucial factors in regards to compellability and only addressed and answered questions relating to competency. Questions also arose surrounding corporations and their compllelablity to produce an officer for discovery in a Federal Court action for forfeiture. . During R. v. Amway, the issue of competence was raised by J. Sopinka for the court and encompassed the issue of spousal testimony against an accused.J. Sopinka said: It is apparent from the words of the section section 4 of the Canada Evidence Act that it addresses only one of the two components of the rights and obligations of a witness: that is, competence. It does not purport to deal with compellability. At common law an accused was neither competent nor compellable as a witness. By virtue of s. 4(1) of the Canada Evidence Act the common law was altered to make an accused a competent witness for the defence. These amendments left intact the common law with respect to the non-compellability of an accused person at the instance of the crown. These arguments would seem to nullify any attempt by counsel to automatically assume that competence includes compellability in regards to section 4. Other aspects of Section four privilege and its application entail cases with co-accused. A closer examination of section 4 in its ability to assist the crown in cases involving co-accused and their use of spousal testimony against a person charged with their spouse. Could a person spouse is relied upon to give un-biased testimony against a person jointly accused? Would there not be an underlying element of prejudice on the part of the spouse to give false testimony in order to convey evidence or guilt? Based on the aforementioned the Amway decision could be interpreted as allowing the spouse of the accused to be competent in testifying but not to be compelled to do so. The decision to offer testimonial evidence would ultimately rest with the spouse. The accused or their counsel can in no way, compel exculpatory evidence from a witness spouse unless they volunteer to do so. Another area of spousal testimony against an accused that was not touched on in Section four of the Canada Evidence Act was that of intercepted communications. A letter from one spouse to another that was intercepted for or by the police, opened and read prior to delivery to the spouse is deemed to be admissible.A letter, its contents used by the crown offers conscriptive evidence against the accused and in no way violates the privileges of section 4. Other methods of intercepting communication however, are not all admissible. In R. v. Lloyd the Supreme Court attempted to determine whether the conversations of spouses intercepted through a wiretap were privileged under s. 4(3). Is this considered compellability by the court on the spouse to disclose communications?The British Columbia Court of Appeal ruled that Section 4(3) does not apply since the privilege was attached to the witness (spouse) and no the information (evidence) itself. .u9078f5d9cad08647ef4d6e6d8e3d418b , .u9078f5d9cad08647ef4d6e6d8e3d418b .postImageUrl , .u9078f5d9cad08647ef4d6e6d8e3d418b .centered-text-area { min-height: 80px; position: relative; } .u9078f5d9cad08647ef4d6e6d8e3d418b , .u9078f5d9cad08647ef4d6e6d8e3d418b:hover , .u9078f5d9cad08647ef4d6e6d8e3d418b:visited , .u9078f5d9cad08647ef4d6e6d8e3d418b:active { border:0!important; } .u9078f5d9cad08647ef4d6e6d8e3d418b .clearfix:after { content: ""; display: table; clear: both; } .u9078f5d9cad08647ef4d6e6d8e3d418b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u9078f5d9cad08647ef4d6e6d8e3d418b:active , .u9078f5d9cad08647ef4d6e6d8e3d418b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u9078f5d9cad08647ef4d6e6d8e3d418b .centered-text-area { width: 100%; position: relative ; } .u9078f5d9cad08647ef4d6e6d8e3d418b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u9078f5d9cad08647ef4d6e6d8e3d418b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u9078f5d9cad08647ef4d6e6d8e3d418b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u9078f5d9cad08647ef4d6e6d8e3d418b:hover .ctaButton { background-color: #34495E!important; } .u9078f5d9cad08647ef4d6e6d8e3d418b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u9078f5d9cad08647ef4d6e6d8e3d418b .u9078f5d9cad08647ef4d6e6d8e3d418b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u9078f5d9cad08647ef4d6e6d8e3d418b:after { content: ""; display: block; clear: both; } READ: Atomic Bomb EssaySubsequently the Supreme Court of Canada rejected the British Columbia Court of Appeals decision and upheld Section 4(3)s privilege rights. The issue of hearsay also plays role in the issue of spousal testimony against an accused. In the case of R. v. K.G.B. witnesses did an about face on the stand and claimed they had lied about previous statements that had incriminated the accused.The Supreme Court held that inconsistent statements could be adduced for their truth in these circumstances if there were sufficient guarantees of trustworthiness to warrant a conclusion of reliability. Supreme Court Justice Lamer pointed out that previous conflicts of law such as no one being present, no oath and no cross-examination could now be addressed in modern day society with the advent of videotaping.The recanting witnesses also remains in the stand and the crown or defence has the ability to cross-examine them. The reason that hearsay evidence has a role to play in spousal testimonies against an accused is that in cases such as domestic violence often the testifying spouse does recant on the stand after the cooling off stage. In R. v. Hawkins the Supreme Court Ruled that Spousal incompetence satisfied the necessary criterion.In laymans terms this means that the mere prospect of spousal evidence, whether compllelable or not, and subject to marital privilege, does exist as long as the police have interviewed the spouse and properly recorded his or her statement. Basically the statements and video recordings of the interview become evidence like that of the letters. Privilege is attached to the witness and not the information. Through the initial e nactment of the Canada Evidence Act first introduced in 1893 and amended by the Supreme Court in 1906 there have been numerous Common Law arguments raised, Supreme Court Rulings, and legal precedents set and re set. To date there are a number of Common Law rules that remain. No spouse can be compelled as a witness by the prosecution against their spouse except for the offences where the spouses safety or person has been attacked, other stipulated offences, and those offences where the victim was under the age of 14 years.This protection only applies to those people who are lawfully married and not to those in a common law marriage. Section 4. Does not protect the privileges of people who are divorced or irreconcilably separated. Spouses if they reach the right criterion are competent under section 4 to give evidence for the defence. All spouses who fall under the criterion are deemed to be competent to provide evidence but cannot be compelled to disclose communications with their spouse, which took place during the marriage. Under section 4(6) of the Canada Evidence act no Justice or Crown can make comments to the jury regarding spouses failure to testify at trial. The common law privilege not to provide exculpatory evidence against ones spouse has its r oots in England. Under common law the common interpretation was incompetence, there was no consideration in regards to marital communication. This dates as far back as the 16th century and was amended by legislation in the 19th century which allowed spouses to be competent witnesses, to some extent in some criminal cases. Initially the entire concept of a spouse being incompetent to testify had nothing to do with bias but rather preserving the harmony of the marriage. More value was placed on keeping a marriage together and not placing the sanctity of marriage into disrepute. BIBLIOGRAPHY1. Cossman, Brenda, Ryder, Bruce. The Legal Regulation of Adult PersonalRelationships: Evaluating Policy Objections in Federal Legislation Harper Press, Toronto, 1999. 2. Bailey, Martha. Marriage and Marriage-like relationships. Associated Press, London, 1997. 3. Yogis, John A. Canadian Law Dictionary Library of Congress Publication. New York, 1998. 4. Greenspan, Rosenberg. Martins Annual Criminal Code. Canada Lawbook IncorporatedWords/ Pages : 2,254 / 24