Sunday, April 26, 2020

Plea Bargaining free essay sample

Precisely speaking the criminal trials takes much longer than what they are expected to take and what actually they take. Thus it is very necessary that some sort of system is adhered to so as to speed up the trial process and relieve the courts from heavy backlog of cases. With such a large population it is quite obvious that at least thousands of crimes are committed almost everyday throughout the country. Thus it is all the more obvious that with such a rate of criminal cases pooling into the courts the available workforce falls very short of the expectations. Apart from that there are several appeals which are preferred from the trials which furthermore increase the case numbers in the court. In such a scenario it becomes a matter of concern as to how to control this problem. Reasons for Delay in Disposal of Cases  · Increase in Litigation Now a day’s people are in a habit of dragging their Grievances to the court of law, which can be solved outside the court. We will write a custom essay sample on Plea Bargaining or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page  · Non-adherence with the Code by both Judges as well as Lawyers.  · Judicial Vacancies India has the lowest number of judges per capita in the world. Even smaller countries have around 80 judges per million people whereas this figure ranges between 9 to 11 judges per million people in India. For once it can be understood that delay may occur in the civil cases but the same is not expected in the criminal proceedings. But the criminal justice system is in worst position and hence the common man has also lost its complete trust on the efficacy of the criminal redressal system. This acts as a real roadblock to development of any state or nation. Nani Palkhiwala opined that: â€Å"Justice in common parlance is considered as blind but in India it is lame too and hobbles on crutches†. For Example consider the condition of the poor victims of the Bhopal gas Leak disaster. Twenty seven years had passed to that ghastly incident; still now the victims were fighting for its compensation, which is in equivalent to the damage caused to them. | Remedies to overcome delay in disposal of cases The delay in delivery of justice can be overcome by following methods-  · Firstly, delay in rendering justice can be overcome by establishing more Courts and to increase the number of Judges according to population. There is access need to increase the number of Judges, specially at the local level for giving access to the ordinary people.  · There is a need to improve the basic infrastructure and management of resources. Modern technology and use of computers could also increase the efficiency of the Court system.  · Information counters should be set up in every Court for the conveyance of litigating public at National level.  · There should be some permanent vigilance provision to observe the working of the public prosecutor. Security system in Courts also needs improvement for confidence of people and fearless functioning of system.  · Our Criminal system also has an urgent need of independent investigative agency. Delay in Police investigation is also one reason due to which cases linger for years. It is too good to create an independent wing of police force, fully in charge of crime investigation and functioning under the direct control of independent prosecutor and that wing shoul d be accountable to Judiciary and not to particular government of the time. There should be uniform patterns for the appeals and petitions to make the procedure easy.  · The institution involved in justice delivery such as Police ,the Prosecution ,the Courts, prisons etc requires to be reformed in terms of organization, procedures amp; accountability so that no where the citizen feels uneasiness. Investigating officers under Criminal Procedure Code has too many powers and these powers need to be curtailed and monitored by the magistrate in charge so as to prevent corruption. Plea Bargaining- Meaning and Concept Plead Guilty and ensure Lesser Sentence† is the shortest possible meaning of Plea Bargaining. Plea Bargaining fostered by the Indian Legislature is actually the sperm child of the West. The concept has been very much alive in the American System in the 19th century itself. Plea Bargaining is so common in the American System that every minute a case is disposed in the American Criminal Court by way of guilty plea. England, Wales, Australia and Victoria also recognizes plea bargaining. Every time we turn on to an American Cinema, we come across this concept. Plea Bargaining can be defined as â€Å"Pre-Trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution†. It gives criminal defendants the opportunity to avoid sitting through a trial risking and conviction on the original more serious charge. For example, a criminal defendant charged with a theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a theft charge, which may not carry jail time. Plea Bargaining can be of three types:- . Charge Bargaining. 2. Sentence Bargaining. 3. Fact Bargaining. Charge Bargaining is a common and widely known form of plea. It involves a negotiation of the specific charges or crimes that the DEFENDANT will face at trial. Usually, in return for a plea of guilty to a lesser charge, a prosecutor will dismiss the higher or other charge(s). For example, in return for dismissi ng charges for first-degree murder, a prosecutor may accept a guilty plea for Manslaughter (subject to court approval). Sentence bargaining involves the agreement to a plea of guilty in return for a lighter sentence. It saves the prosecution the necessity of going through trial and proving its case. It provides the defendant with an opportunity for a lighter sentence. Fact Bargaining is the least used a prosecutor in which the Prosecutor agrees not to reveal any aggravating factual circumstances to the court because that would lead to a mandatory minimum sentence or to a more severe sentence under sentencing guidelines. The Supreme Court was very much against the concept of Plea Bargaining before its introduction. In State of Uttar Pradesh vs. Chandrika, the Supreme Court of India held that it is settled law that on the basis of Plea Bargaining court cannot dispose of the criminal cases. The court has to decide it on merit. If the accused confesses his guilt, even then appropriate sentence is required to be implemented. The court further held in the same case that, mere acceptance or admission of the guilt should not be a ground for reduction of sentence , nor can the accused bargain with the court that as he is pleading guilty his sentence should be reduced. Despite strict opposition by the Supreme Court, the Government found it comfortable to introduce this concept. Long list of pending cases before the Criminal courts was cited as the reason for the enactment of this provision. If a person accepts his guilt, then the time of the Prosecution is saved, which can be then properly utilized for proving more serious offences. Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is upto period of 7 years. It does not apply where such offence affects the Socio-economic condition of the country or has been committed against women or committed against a child below the age of 14 years. The application for plea bargaining should be filed by the accused voluntarily before the court which is trying the offence. The complainant and the accused are then given time by the court to work out satisfactory disposition of the case. The court may reduce the sentence to 1/4th if the accused pleads guilty. There shall be no appeal in the case where judgment has been pronounced by the court on the basis of plea bargaining. Plea bargaining has emerged and gained acceptance in the legal community only in recent decades. The Criminal Law (Amendment) Bill, 2003 which was introduced in the parliament attracted enormous public debate. Despite this huge hue and cry, the government found it acceptable and finally section 265-A TO 265-L have been added in the Code of Criminal Procedure so as to apply the plea bargaining. The Division bench of Gujarat High Court in State of Gujarat V. Natwar Harchanji Thakor observed that, the very object of law is to provide easy, cheap and expeditious justice by resolution of disputes, including the trial of criminal cases and considering the present realistic profile of the pendency and delay in disposal in the administration of law and justice, fundamental reforms are inevitable. There should not be anything static. It can thus be said that it is really a measure and redressal and it shall add a new dimension in the realm of judicial reforms. Plea Bargaining in India A new chapter, that is chapter XXIA on ‘Plea Bargaining’, has been introduced in the Criminal Procedure Code. It was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by the parliament in its winter session. This has certainly changed the face of the Indian Criminal Justice System. Some of the salient features of ‘Plea Bargaining’ are that it is applicable in respect of those offences for which punishment is up to a period of 7 years. Moreover it does not apply to cases where the offence committed is a socio-economic offence or where the offence is committed is committed against a woman or a child below the age of 14 years. Also once the court passes an order in the case of ‘Plea Bargaining’ no appeal shall lie to any court against that order. Now the question is will it work in Indian Judiciary? Do we need this? Are we equipped to deal with this new facet? This article makes an attempt to analyze the concept of ‘Plea Bargaining’, its necessity, its drawbacks and tries to find out the feasibility of this new idea. To reduce the delay in disposing criminal cases, the 154th Report of the Law Commission first recommended the introduction of ‘plea bargaining’ as an alternative method to deal with huge arrears of criminal cases. This recommendation of the Law Committee finally found a support in Malimath Committee Report. The NDA government had formed a committee, headed by the former Chief Justice of the Karnataka and Kerala High Courts, Justice V. S. Malimath to come up with some suggestions to tackle the ever-growing number of criminal cases. In its report, the Malimath Committee recommended that a system of plea bargaining be introduced in the Indian Criminal Justice System to facilitate the earlier disposal of criminal cases and to reduce the burden of the courts. To strengthen its case, the Malimath Committee also pointed out the success of plea bargaining system in USA. Accordingly, the draft Criminal Law (Amendment) Bill, 2003 was introduced in the parliament. The statement of objects and reasons, inter alia, mentions that, The disposal of criminal trials in the courts takes considerable time and that in many cases trial do not commence for as long as 3 to 5 years after the accused was remitted to judicial custody.. though not recognized by the criminal jurisprudence, it is seen as an alternative method to deal with the huge arrears of criminal cases. The bill attracted enormous public debate. Critics said it is not recognized and against public policy under our criminal justice system. The Supreme Court has also time and again blasted the concept of plea bargaining saying that negotiation in criminal cases is not permissible. More recently in State of Uttar Pradesh V. Chandrika 2000 Cr. L. J. 384(386), The Apex Court held that It is settled law that on the basis of plea bargaining court cannot dispose of the criminal cases. The court has to decide it on merits. If the accused confesses its guilt, appropriate sentence is required to be implemented. The court further held in the same case that, Mere acceptance or admission of the guilt should not be a ground for reduction of sentence. Nor can the accused bargain with the court that as he is pleading guilty the sentence be reduced. Despite this huge hue and cry, the government found it acceptable and finally section 265-A TO 265-L have added in the Code of Criminal Procedure so as to provide for raising the plea bargaining in certain types of criminal cases. While commenting on this aspect, the division bench of the Gujarat High Court observed in State of Gujarat V. Natwar Harchanji Thakor (2005) Cr. L. J. 2957 that, The very object of law is to provide easy, cheap and expeditious justice by resolution of disputes, including the trial of criminal cases and considering the present realistic profile of the pendency and delay in disposal in the administration of law and justice, fundamental reforms are inevitable. There should not be anything static. It can thus be said that it is really a measure and redressal and it shall add a new dimension in the realm of judicial reforms. This article would be incomplete if it does not discuss the flaws that are hidden beneath the whole concept. No doubt, plea bargaining is nothing but a cover up the inadequacies of the government in dealing with each and every case that comes before it. It indirectly shows the incompetence of the traditional procedural laws. Some of the major drawbacks of the concept of plea bargaining as is recognized in India are as under A) Involving the police in plea bargaining process would invite coercion. B) By involving the court in plea bargaining process, the court’s impartiality is impugned. C) Involving the victim in plea bargaining process would invite corruption. D) If the plead guilty application of the accused in rejected then the accused would face great hardship to prove himself innocent. Therefore to ensure fair justice, plea bargaining must encompass the following minimum requirements: A) The hearing must take place in court B) The court must satisfy itself that the accused is pleading guilty knowingly and voluntarily. C) Any court order rejecting a plea bargaining application must be kept confidential to prevent prejudice to the accused. ‘Plea Bargaining’ can be defined as pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution. The Wikipedia Encyclopedia defines it as to make an agreement in which the defendants pleads guilty to a lesser charge and the prosecutors in return drops more serious charges. The object of ‘Plea Bargaining’ is to reduce the risk of undesirable orders for the either side. Another reason for the introducing the concept of ‘Plea Bargaining’ is the fact that most of the criminal courts are over burdened and hence unable to dispose off the cases on merits. Criminal trial can take day, weeks, months and sometimes years while guilty pleas can be arranged in minutes. In other words, a ‘Plea Bargaining’ is a deal offered by the prosecutor to induce the defendant to plead guilty. ‘Plea Bargaining’ can be of two types. Charge bargain n and sentence bargain. Charge bargain happens when the prosecution allows a defendant to plead guilty to a lesser charge or to only some of the charges framed against him. Prosecution generally has vast discretion in framing charges and therefore they have the option to charge the defendant with the highest charges that are applicable. ‘Charge Bargain’ gives the accused an opportunity to negotiate with the prosecution and reduce the number of charges that may have framed against him. As far as sentence bargain is concerned, it happens when an accused or defendant is told in advance what his sentence will be if he pleads guilty. A sentence bargain may allow the prosecutor to obtain a conviction in the most serious charge, while assuring the defendant of an acceptable sentence. Therefore we can safely say that ‘Plea Bargaining’ is nothing but a contract between the prosecution and the defendant or accused and both the parties are bound by this contract. For most defendants the principal benefit of plea-bargaining is receiving a lighter sentence than what might result from taking the case to trial and losing. Another benefit which the defendant gets is that they can save a huge amount of money which they might otherwise spend on advocates. It always takes more time and effort to bring a case to trial than to negotiate and handle a plea- bargain. Incentives for accepting plea-bargaining, as far as judges and prosecutors are concerned are obvious. Over crowded courts do not allow the judges to try every case that comes before them. It also reduces the caseloads of the prosecutors. Features Of Plea Bargaining Advantages of Plea Bargaining Significant feature of method of Plea Bargaining is that it helps the Court and State to manage the case loads. It reduces the work load of the prosecutors enabling them to prepare for gravest case by leaving the effortless and petty offences to settle through plea bargaining. It is also a factor in reforming the offender by accepting the responsibility for their actions and by submitting them voluntarily before law, without having an expensive and time consuming trial. In case wherein the prosecution is weak, if trial is concluded, for want of proper witnesses or evidences and the ultimate result may be an acquittal, the prosecution will have a chance to find the accused as guilty, by co-operating with the accused for a plea bargaining. An intelligent prosecutor may agree for a plea bargaining of an insignificant accused to collect evidence against other graver accused. Normally, in cases wherein aged or women witnesses have the vital role to prove a charge against the accused, their death or non co-operation , may be a real cause for adverse conclusion of the case. Here the prosecution avoids a chance of acquittal and the accused avoids a chance of conviction for more serious charges with higher punishments. From the angle of victim also, plea bargaining is a better substitute for his ultimate relief, as he can avoid a lengthy court process to see the accused, be convicted. The system gives a greater relief to a large number of under trials lodged in various jails of the country and helps reduce the long pendency in the court. There are some other supporting factors of plea bargaining which fall into three main categories. First, some jurist maintains that it is appropriate as a matter of sentencing policy to reward defendants who acknowledge their guilt. They advance several arguments in support of this position, notably, that a bargained guilty plea may manifest an acceptance of responsibility or a willingness to enter the correctional system in a frame of mind that may afford hope for rehabilitation over a short period of time than otherwise would be necessary. A second view treats plea bargaining, not primarily as a sentencing device, but as a form of dispute resolution. Some plea bargaining advocates maintain that it is desirable to afford the accused and the state of opinion of compromising factual and legal disputes. They observe that if a plea agreement did not improve the positions of both the accused and the state, one party or other would insist upon a trial. Finally, some observers supports plea bargaining on grounds of economy or necessity. Viewing plea negotiation less as a sentencing device or a form of dispute resolution than as an administrative practice, they argue that society cannot afford to provide trials to all the accused who would demand them if guilty pleas were unrewarded. At least, there are more appropriate uses for the additional resources that an effective plea bargaining could save. Disadvantages of Plea Bargaining Plea Bargaining is problematic for at least some reasons. First, the prosecution has the power to present accused with unconscionable pressure. Though, procedure pleas as voluntary, there are every chances of being practically coerced. The prosecution has the incentive to maximize the benefit of pleading guilty in the weakest cases. The more likely an acquittal at trial, the more attractive a guilty plea is to the prosecution. But in a borderline case that does go forward, the prosecution may vary well threaten the most serious consequences to those accused who may very well be innocent. The defense lawyers who represent accused do not have the resources to independently investigate every case. Plea Bargaining undercuts the requirement of proof beyond reasonable doubt and that plea negotiation is substantially more likely than trial to result in the conviction of innocent. Plea Bargaining result in unjust sentencing. This practice turns the accused’s fate on a single tactical decision which they say is irrelevant to desert, deterrence, or any other proper objective of criminal proceedings. Some critics maintain that plea bargaining results in unwarranted leniency for offenders and that it promotes a cynical view of the legal process. Defense lawyer, trial judge and prosecutor are the fundamental elements in the working of plea bargaining. Prosecutors plainly are influenced by the equities of individual cases, the seriousness of the accused’s alleged crime, their prior criminal record, and so on. At times, prosecutors are influenced as well by their personal views of the law without a roving enquiry. Through plea bargaining, a prosecutor can avoid much of the hard work of preparing cases for trial and for trying them. In addition, prosecutors can use plea bargaining to create seemingly impressive conviction rates. The personal bias with the defense lawyers also may influence plea bargaining practices. So, there may be desires for professional advancement either within the prosecutor’s office or after leaving it. Although most prosecutors probably do not deliberately sacrifice the public interest to their personal goals, the bargaining process may be influenced by conflict of interests, and prosecutors may rationalize decisions that serve primarily their own interest. Private defense lawyers commonly are paid in advance, and their fees do not vary with the pleas their clients enter. Once a lawyer has pocketed the fee, his personal interest lie in disposing of a client’s case as rapidly as possible, that is, by entering a plea of â€Å"cop out lawyers† who pleads virtually all of their clients guilty sometimes represent large number of accused for relatively low fees. Some of these lawyers have been known to deceive their clients in the effort to induce them to plead guilty. The relatively small amount of remuneration that he is likely to receive for representing an indigent accused may seem inadequate compensation for a trial, but this amount may seem adequate as a fee for negotiating a plea of guilty. Conclusion The crime loses its gravity with the increase in the gap between the incidence of crime and the punishment of the offender. Plea Bargaining has, thus, been introduced in the realm of the criminal jurisprudence of India owing to the result of the prolonged trials and the umpteen cases that pile up over the years. Plea bargaining as a recognized and practiced concept has come a long way from its inception. Plea Bargaining in India has moved from being pronounced illegal, unconstitutional and immoral to a great messiah for the criminal justice system and a welcome and inevitable change. Plea Bargaining is indeed a welcome change, but only as long as one considers the chief aim of the criminal justices system to be swift and inexpensive resolution of cases. However, if one were to agree that the chief aim of criminal justice system is to rehabilitate criminals into society, by making them undergo specified sentences in prison, then plea bargaining looses most of its charm. Additionally, the justifications for plea bargaining do not consist solely of the need for an efficient administration of justice. Problems associated with plea bargaining may exist as a result of flaws in the assumptions of the different justifications. Instead of calling for a omplete abolition of plea bargaining, critics should accept plea bargaining as a natural, although not necessarily inevitable, component of our adversary system. To Conclude, plea bargaining is undoubtedly, a disputed concept. Few people have welcomed it while others have abandoned it. It is true that plea bargaining speeds up caseload disposition, but it does that in an unconstitutional manner. But perhaps we have no other choice but to adopt this technique. The criminal courts are too over b urdened to allow each and every case to go on trial. Only time will tell if the introduction of this new concept is justified or not.

Thursday, March 19, 2020

Free Essays on Native Son

Richard Wright’s Native Son Set in the 1930’s Native Son, by Richard Wright, is a powerful novel that has meaning today. It is an unsparing reflection of the poverty and feelings of hopelessness of African Americans. It gives a visualization of what it meant then and what it means today to be black in America. Never has their been a book that so clearly accounted for the African American feelings toward white people. The hate and fear that brewed inside of African Americans was unbelievably strong, yet very appropriate. Native Son captures readers and gives and in-depth view to the feelings of people at this time and their reactions to the conflict between people of different backgrounds and different beliefs. The violence depicted in Native Son, although quite grotesque, is necessary to deliver the full meaning that Richard Wright wishes to convey to his readers. The main character Bigger Thomas, a black man, has been robbed of his dignity, his pride, and his identity. He lashes out in fear. A fear that furthers his self-destruction while giving him an identity separate than that of other black people. Three subparts to Native Son shows the transformation of Bigger’s fear into something that gave him a sense of individuality. He struggles to lose this fear and claim his sense of self. Fate, part one of Native Son, tells the reader about Bigger Thomas. Despite the loathsome qualities of Bigger, he represents the victimization of black people. Bigger struggles with his fear on a daily basis. The anger expressed by Bigger is nothing but an outlet for his fear. The first representation of how Bigger’s fear will play a role in his death comes into play during the first few pages of the book. It is while killing a rat The rat’s belly pulsed with fear. Bigger advanced a step and the rat emitted a long thin song of defiance, its black beady eyes glittering, its tiny forefeet pawing the air... Free Essays on Native Son Free Essays on Native Son Richard Wright’s Native Son Set in the 1930’s Native Son, by Richard Wright, is a powerful novel that has meaning today. It is an unsparing reflection of the poverty and feelings of hopelessness of African Americans. It gives a visualization of what it meant then and what it means today to be black in America. Never has their been a book that so clearly accounted for the African American feelings toward white people. The hate and fear that brewed inside of African Americans was unbelievably strong, yet very appropriate. Native Son captures readers and gives and in-depth view to the feelings of people at this time and their reactions to the conflict between people of different backgrounds and different beliefs. The violence depicted in Native Son, although quite grotesque, is necessary to deliver the full meaning that Richard Wright wishes to convey to his readers. The main character Bigger Thomas, a black man, has been robbed of his dignity, his pride, and his identity. He lashes out in fear. A fear that furthers his self-destruction while giving him an identity separate than that of other black people. Three subparts to Native Son shows the transformation of Bigger’s fear into something that gave him a sense of individuality. He struggles to lose this fear and claim his sense of self. Fate, part one of Native Son, tells the reader about Bigger Thomas. Despite the loathsome qualities of Bigger, he represents the victimization of black people. Bigger struggles with his fear on a daily basis. The anger expressed by Bigger is nothing but an outlet for his fear. The first representation of how Bigger’s fear will play a role in his death comes into play during the first few pages of the book. It is while killing a rat The rat’s belly pulsed with fear. Bigger advanced a step and the rat emitted a long thin song of defiance, its black beady eyes glittering, its tiny forefeet pawing the air... Free Essays on Native Son In Richard Wright’s novel, Native Son, Bigger Thomas could possibly be classified as guilty but mentally ill by today’s standards. Stress, anxiety, and aggression in Thomas’ social and romantic relationships, living conditions, family life, and childhood and adolescent experiences are all factors. The older basis for pleading insanity requires the person to be â€Å"so severely disturbed at the time of his act that he did not know what he was doing, or if he did know what he was doing, did not know that it was wrong†. Some states have also added â€Å"irresistible impulse†, which states that â€Å"some mentally ill individuals may respond correctly when asked if a particular act is morally right or wrong but may be unable to control their behavior† (Atkinson et al. 632-633). Although standards have changed a bit, the idea behind the insanity plea remains the same. In the 1970’s, not all, but most state and federal courts adopted a new legal definition proposed by the American Law Institute (ALI) stating, â€Å"A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.† The ALI uses words like â€Å"substantial† to suggest that â€Å"any incapacity is not enough to avoid criminal responsibility but that total incapacity is not required either,† and the word â€Å"appreciate† rather than â€Å"know† suggests that â€Å"intellectual awareness of right or wrong is not enough; individuals must have some understanding of the moral or legal consequences of their behavior before they can be held criminally responsible † (Atkinson et al. 632-633). Guilty but mentally ill is one more option. A verdict of guilty but mentally ill is found â€Å"when a defendant is found to have a substantial disorder of thought of mood that afflicted him at the ...

Monday, March 2, 2020

Whats a Good PSAT Score for 2015

What's a Good PSAT Score for 2015 SAT / ACT Prep Online Guides and Tips With all the scoring changes on the redesigned College Board exams, what counts as a "good score" on the PSAT these days? There are a few factorsyou can use to define what's good: score percentiles, National Merit criteria, andyour own personal goals for the PSAT and the SAT. First, it's critical to understand how the PSAT is scored. This guide will review the scoring scale of the PSAT, along with National Merit Scholarship Corporation's Selection Index, so you know what counts as a goodPSAT score. To start off, let’s go over a few key PSAT terms that will help you understand the rest of this guide. PSAT Scoring Terms: A Glossary Before examiningthe scoring scale of the PSAT, let’s review a few important terms: scaled scores, section (or test) scores, raw scores, subscores, and National Merit Selection Index. By understanding the difference between these terms and how they relate to one another, you’ll have a clearer understanding of the rest of this articleas wefigure out what makes for a â€Å"good† score on the PSAT. Scaled scores: your overall PSAT scores, which fall between 320 and 1520. Math accounts for half of this score (160-760), and the Reading section and Writing and Language section account for the other half together (160-760). Section (or test) scores: your scores by section, which fall between 8 and 38. You’ll get three section scores, one for Math, one for Reading, and one for Writing and Language. Raw scores: the number of correct answers by section. Your maximum potential raw scores varyby section. Subscores:seven scores between 1 and 15 that tell you how you did on certain types of questions. The questions fall into these seven categories:Command of Evidence, Words in Context, Expression of Ideas, Standard English Conventions, Heart of Algebra, Problem Solving and Data Analysis, and Passport to Advanced Math. National Merit Selection Index: the scale used by the National Merit Scholarship Corporation to determine eligibility for Commended Scholar and Semifinalist. The Selection Index for the PSAT will fall between 48and 228. As you can see,you’ll get a lot of different scoreson your PSAT score report. Now that you have a preliminary sense of these terms, let’s look in more detail at how the PSAT scoring system works. How Is the PSAT Scored? As you read above, the PSAT has aminimum possible score of 320 and a maximum of 1520. Both the low and high end of this range are shifted about 80 points lower than the scoring scale of the SAT, to account for the fact that the PSAT is a somewhat easier test. Math isscored from 160 to 760, and Reading and Writing (technically called Writing and Language) isscored together from 160 to 760. Math makes up half the total score while the Reading and Writing sections will make up the other half together. You can think of the PSAT as half math and half verbal. While your final score will lump Reading and Writing together, you'll get a chance to see your performance on each the three separatesections. In addition to your overall scaled scores, you’ll get three section scores - one for Math, one for Reading, and one for Writing, that fall between 8 and 38. These numbers may feel a little random, but it’s actually pretty easy to convert from your section score to your scaled score. To get your math scaled score, just multiply your section score by 20. To get your Reading and Writing scaled score, add your section scores together and then multiply by 10. This chart gives you one hypothetical example of a student who got section scores of 28, 32, and 34 on Reading, Writing and Language, and Math, respectively: Test Test Score Section Score Total Score Reading 28 (28 + 32) * 10 = 600 600 + 680 = 1280 Writing and Language 32 Math 34 34 * 20 = 680 At the risk of making things more confusing, I'll quickly add that your score report shouldalso tell you your â€Å"raw score,† which is simply one point for each correct answer. Since there are 47 questions on Reading, you could get a max raw score of 47. On Math there are 48 questions, so you could get a max raw score of 48. Finally, on Writing, there are 44 questions, so you could get a max raw score of - you guessed it - 44. Again, your raw score simply reflects the number of questions you answered correctly. Then that raw score is converted to a section score and, finally, your scaled scores. Now that you have a sense of the PSAT’s scoring system, let’s consider our original question: what isa good PSAT score? What Makes for a Good PSAT Score? There are a few ways we can define â€Å"good.† First, we can look at the scores that rank in a high percentile compared to the scores of other test-takers. Second, we can look at what scores qualify for National Merit distinction and scholarships. And third, we can look at what your PSAT scores predict for your performance on the SAT. Let's start by reviewing how percentiles work and how you can predictthe strength of your PSAT scores. Want to improve your SAT score by 160points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now: What Are PSAT Percentiles? Once you get your scores back, you'll see the different values described above - your raw scores, your section scores, and your scaled scores. Additionally, your score report will tell you your percentiles. Your score report will tell you two percentiles: the Nationally Representative Sample percentile and the User Percentile. Your Nationally Representative Sample percentile may look higher, since it confusingly includes projections for all students in a grade, even those who typically don'tthe PSAT. It seems that your User percentile will be the most reliable piece of data, since it only includes students whoare actually very likely to takethe PSAT. Therefore, the chart below gives you User percentiles, or for how your PSAT scores compare to other students in your grade who took the test. So how do percentiles work? They simply tell you the percentage of students compared to which you scored higher or the same. If your scaled scores land in the 80th percentile, for example, then you scored the same as or higher than 80% of other test-takers. The other 20% scored higher than you. Students' performance varieson Math, Reading, and Writing, so a score of 600 on Math, for example, may translate to a different percentile than the same score on Reading and Writing. Readon to see how scores from the new PSAT are expected to convert to User Percentiles. What PSAT Scores Will Rank in a High Percentile? This chart has the full list converting PSAT/NMSQT scaled scores to percentiles.This information is sourced fromCollege Board's dataon the PSAT administered in October 2015. As you read through the chart, notice thatyou don't have to have a perfect scaled score to make it into the top 99%. This is important if you're aiming for National Merit - you don't have to get a perfect score to make it into the top 1%. Score Reading and Writing Math 760 99+ 99+ 750 99+ 99+ 740 99+ 99 730 99+ 98 720 99 98 710 99 97 700 99 97 690 98 96 680 98 96 670 97 95 660 96 94 650 95 93 640 94 93 630 92 92 620 91 90 610 89 89 600 86 88 590 84 86 580 82 83 570 79 80 560 77 78 550 74 74 540 71 70 530 67 66 520 63 61 510 59 59 500 54 55 490 50 50 480 47 45 470 43 39 460 39 36 450 35 33 440 32 27 430 28 23 420 25 19 410 23 16 400 21 14 390 18 11 380 15 8 370 11 6 360 9 5 350 7 4 340 5 3 330 4 1 320 2 1 310 1 1 300 1 1 290 1- 1 280 1- 1 270 1- 1 260 1- 1 250 1- 1 240 1- 1 230 1- 1- 220 1- 1- 210 1- 1- 200 1- 1- 190 1- 1- 180 1- 1- 170 1- 1- 160 1- 1- This conversion might vary a bit each year, and College Board's data on the new PSAT is still preliminary and subject to change. In previous years, the Math section was slightly more competitive than Reading and Writing. Similarly, math getsnoticeably more competitive as you look at the lowest scores, and you would need 30 to 40 points higher in Math than in Reading and Writing to score in the 99th percentile. For the most part, though, both sections look like the same scores convert to more or less the same percentiles.At a few levels, Reading and Writing looks to be even more competitive than Math.Let's take a closer look at these percentiles totry to answer our original question of what makes a good score on the PSAT. The higher percentage, the better. What's a Good PSAT Score Based on Percentiles? Based on the chart above, an average PSAT score, or one that's right in the middle in the 50th percentile, is about 490 for both Reading and Writing and for Math. We can define good as being not just above average, but also as stronger than a significantmajority of other test-takers. Given that definition, these are approximately the scaled scores you need in each section to score in the 70th, 80th, 90th, and 99th percentiles. Percentile Reading and Writing Score Math Score Composite Score 70% 540 540 1080 80% 580 570 1150 90% 620 620 1240 99% 700 740 1440 As you can see, both sections convert to roughly the same percentiles except when you approach the 99th percentile. Then you'd need to score about 40 points higher in Mathto make it into the top 1%. Apart from scoring higher than other students, you might define a good score as one that qualifies for National Merit. Let's take a look at what you need to qualify. Want to improve your SAT score by 160points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now: The original National Merit Scholar. What's a Good PSAT Score for National Merit? The percentiles in the chart above compare students all across the U.S who typically take the PSAT. To determine whether you qualify for National Merit, though, you actually have to look at how your scores compare to those of other students in your state. The National Merit Scholarship Corporation (NMSC) compares scores on a state to state basis. It names the top 3 to 4% of students Commended Scholar. To be named a National Merit Semifinalist, you have to score at the very top. National Merit Semifinalist distinction is given to the top 1%. The important thing to remember about National Merit is that it uses its own Selection Index. Since the PSAT changed its scoring system this year, this new Selection Index differs from that used in previous years. Before scrolling down to the chart below, read this next section to make sure you understand thePSAT Selection Index of today. Important: NMSC'sNew Selection Index National Merit has always used its own Selection Index, or scoring scale, to determine Commended Scholars and Semifinalists. In past years, this Selection Index looked a lot like PSAT scaled scores, so you may not have noticed. This year, though, it looks quite a bit different, even though it’s calculated in a similar way. As you read above, the PSATlumps together the Reading and Writing sections in one final scaled score. National Merit, however, still wants to consider these two sections, Reading and Writing, separately. Therefore, NMSClooks at your section scores rather than at your scaled score. It takes your Math section score, Reading section score, and Writing section score - all of which fall between 8 and 38 - adds them together, and then multiplies by 2. The NMSC Selection Index hasa scale between 48 and228. Confused yet? Let's look at an example. The Breakdown: NMSC’s New Selection Index Where does NMSC get this scale of 48 to 228? Let’s say you got minimum scores of 8 on each of the three PSAT sections. You could figure out your Selection Index by adding 8 + 8 + 8 (= 24) and then multiplying by 2 (= 48). That’s the lowest end of the Selection Index scale. What about the max Selection Index score of 228? You could get that with top section scores of 38 in all three sections. 38 + 38 + 38 = 114. Multiply that by 2, and you get 228. Now you can see that the Selection Index isn’t as random as it might have looked at first glance - it just relies on your PSAT section scores between 8 and 38, rather than your PSAT scaled scores between 160 and 760.You can also see why we took the time to go over all these terms at the beginning of the article! Based on reported data from individuals around the country, we've put together a list of every Selection Index cutoff across the United States for the PSAT in 2015. If you see any error with your state, let us know in the comments! Here are the qualifying scores from the old PSAT (2014 and earlier) and the new PSAT (2015 and later). State OldPSAT Cutoff New PSAT Cutoff Alabama 207 215 Alaska 210 213 Arizona 213 219 Arkansas 206 213 California 222 221 Colorado 213 218 Connecticut 220 220 Delaware 215 218 District of Columbia 224 222 Florida 211 217 Georgia 215 219 Hawaii 214 217 Idaho 211 214 Illinois 215 219 Indiana 212 217 Iowa 207 215 Kansas 213 217 Kentucky 210 215 Louisiana 208 214 Maine 212 214 Maryland 221 221 Massachusetts 223 222 Michigan 210 216 Minnesota 215 219 Mississippi 207 212 Missouri 209 216 Montana 206 210 Nebraska 209 215 Nevada 208 214 New Hampshire 212 216 New Jersey 224 222 New Mexico 210 213 New York 218 219 North Carolina 212 218 North Dakota 201 209 Ohio 213 217 Oklahoma 206 213 Oregon 217 219 Pennsylvania 216 218 Rhode Island 212 217 South Carolina 209 215 South Dakota 203 209 Tennessee 212 218 Texas 218 220 Utah 208 215 Vermont 213 215 Virginia 219 221 Washington 219 220 West Virginia 201 209 Wisconsin 208 215 Wyoming 204 209 Average 212 216 As you can see,New Jersey, DC, andMassachusetts require some of the highest scores to qualify. The average qualifying scores for all states isa little lower at around 216. If you haven't taken the PSAT yet and areserious about achieving excellent scores, then I'd recommend aiming for at least 2 to 5 points higher than these cutoffs, as the actual qualifying scores can vary from year to year. How can you figure out your target section scores? By understanding where the new Selection Index comes from, you can take our estimate for your state and simply work backwards. Let’s consider a few examples. How to Calculate Your Target Scores for National Merit As you read above, National Merit will take each of your section scores between 8 and 38, add them together, and multiply by 2. To figure out your target scores by section, take these steps and go through them in reverse. First, divide your state’s cutoff qualifying score by 2. Let’s say you live in New Jersey, and your cutoff will be an estimated 222. Divide that in half and you get 111 (222 / 2 = 111). Now, your section scores in Math, Reading, and Writing should add up to 111. Divide 111 by 3 and you’re looking at a 37in each section: 111 / 3 = 37. You could define your target scores as about 37 in each section - or a little higher to be safe. If you’re more confident in Math, then you could aim for a top math section score of 38. Then you’d have slightlymore wiggle room in Reading and Writing. Depending on your strengths and weaknesses, you can setyour target scores in theoptimal way. To review, you can define your target section scores by dividing your state’s cutoff in half. Then divide by 3 to get a sense of what you need in each section of the PSAT. Customize your target section scores from there. Of course, only a small number of students are actually aiming to score in the top 1%. You may very well be deciding what's a good PSAT score based on your own goals for the test, as well as for the SAT and ultimately, college. Pause for your quintessential collegiate building. What's a Good PSAT Score for Your College Plans? Even if you're not competing for National Merit, the PSAT still matters and is an important test along the path to college. It's valuable practice for the SAT and can help predict your SAT scores. The redesigned exams are very similar, with matching content and format and comparable scoring systems. By doing some research into the colleges you're interested in, you can figure out what you need to score on the SAT. Simply Google the name of your school, along with "average SAT scores." Most schools release data on the average SAT scores of accepted students, so you have a sense of what you need to be a competitive candidate. Then you can use your PSAT scores to determine where you're currently scoring and how much more you need to improve. Based on your target scores and time you can commit to prep, you can design a schedule to prep and raise your scores. The following is a rough estimate of how many hours you need to devote to studying to achieve certain score improvements on the PSAT. 0-50 SAT composite point improvement: 10 hours 50-100 point improvement: 20 hours 100-200 point improvement: 40 hours 200-300 point improvement: 80 hours 300-500 point improvement: 150 hours+ Whether or notyou've already taken the SAT, your PSAT score is a useful starting pointto measure your level and figure out where you need to go from there. Then you can make a study schedule to get yourself where you want to be. Finally, these are the most important points to remember when you take the PSAT and determine whether or not you're satisfied with your scores. Key Points to Remember If youtookthe PSAT in October 2015, you were kind of a College Board guinea pig. 2015 wasthe first year featuring the redesigned PSAT with a new scoring scale and Selection Index.Remember that the PSAT is now scored between 320 and 1520, which is a composite of the Math section and the Reading and Writing sections together. To score in the 70th percentile or above, you want to aim for at least a 540in Reading and Writing and a 540 in Math (or a composite of 1080). To qualify for National Merit, you'll need something like an impressive Selection Index score of214, or a section score around 35 to 36 in Math, Reading, and Writing. The PSAT is a valuable benchmark that you can use to plan your studying for the SAT. Make sure to check your PSAT scores right away to see if you need to take any further steps, like for National Merit, and to move forward with your SAT prep. What's Next? For more on the changes that weremade to the PSAT in 2015, check out our complete PSAT guide. Then head on over to these free PSAT practice tests and other resources to prepare for the exam. Are you wondering what makes a good SAT score? This article breaks down the percentiles so you can see what exactly counts as a bad, good, and excellent score on the SAT. Besides the PSAT/NMSQT that qualifies for National Merit when you take it as a junior, College Board now also offers the PSAT to 8th, 9th, and 10th graders to prepare. Learn about the PSAT 8/9 and the PSAT 10 and how to decide between these tests and the regular PSAT. Disappointed with your scores? Want to improve your SAT score by 160points?We've written a guide about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:

Saturday, February 15, 2020

One Item of Either Hindu or Buddhist Teaching that is Most in Conflict Assignment

One Item of Either Hindu or Buddhist Teaching that is Most in Conflict with your Own Convictions - Assignment Example This way, after the soul has experienced many lives that affect the next ones in series which the soul eventually proceeds to manage with higher wisdom, the ultimate state of perfection is then achieved. On the other hand the Bible, or the Holy Scriptures, affirms that each man is identified with a single soul which does not take any other form, but belongs to the same man alone even after death or the Day of Judgment in which his soul is assessed with respect to this mans account of living, whether good or bad. Instead of karma, by Christian faith, I believe that human efforts of striving to be good would be futile without the grace of God. Because of the Creators love of His creation, every human being is permitted to act according to free will while still on earth since God does not demand obligatorily for faith to be devoted Him by those who do not discern His nature by heart completely. He is rather pleased that men, beyond their reverence toward His divinity, find the essence in establishing a more profound sense of connection with Him so that it becomes spontaneous to act with righteousness. It turns out that for Hinduists, it is only possible to attain spirituality after the complex undertaking during reincarnation. Apparently, the higher significance is placed on depending upon individual efforts at seeking to be good in the Hindu tradition whereas Christians recognize the truth in human weakness and Gods forgiveness that redeems man from wages of sin once they are humble enough to repent and restore fellowship and communication with God as stated in the Bible. Christian teaching designates one man for every soul and the principle of  God's plan of salvation that renders any other means void of effect at obtaining divine fulfillment necessitates not for a soul to take any other form, signifying how God intended for every one of us to be special.  

Sunday, February 2, 2020

Research proposal Essay Example | Topics and Well Written Essays - 2000 words - 5

Research proposal - Essay Example The Ebola epidemic provides an example of the impact of infectious diseases on public health (Soule, Memish, & Malani, 2012). Other highly infectious diseases, such as the H1N1 Swine Flu and SARS virus also pose a risk to public health because they can spread very quickly. The epidemic indicated that the world is unprepared with regard to handling highly infectious diseases properly. The other issue with regard to the infectious diseases is that the world has become borderless as people can travel from one corner the world to the other within 24 hours; thus, they can aid the spread of communicable diseases. Considering that some of these viruses inhabit the human body for a long period before the manifestation of symptoms, it is possible that individuals can carry and infect others with the viruses as they travel. As a result, new outbreaks are likely to be reported in different parts of the world making any prevention strategies difficult. According to the World Health Organization (2006), such infections can easily lead to pandemics killing millions of people throughout the world within a very short time. The only advantage of infections such as Ebola is that the transmission of the virus from the infected person to the healthy person does not start until the symptoms are manifest. However, some of the viruses are lethal, and the transmission from an infected to a healthy person occurs within minutes. Examples include the SARS and the H1N1 Swine Flu viruses, which are transmitted prior to the manifestation of the symptoms (Kocik, Janiak, & Negut, 2012). It is therefore important to d etermine the level of preparedness of the health care professionals with to the handling of infectious diseases. Furthermore, the level of preparedness of the health care sectors in handling infectious diseases determines the morbidity and mortality rates of

Saturday, January 25, 2020

To Kill A Mocking Bird :: To Kill a Mockingbird Essays

The theme of Harper Lee's To Kill a Mocking Bird is the existence of racism and prejudice in the 1930 – 40's. Harper Lee succeeds in presenting the topic in a manner that is not overly simplistic and thus achieves the task of allowing the reader to fully appreciate the complex nature of unjust discrimination. Harper Lee's inclusion of characters such as Tom Robinson, Boo Radley, Dolphus Raymond and many others, aid the reader to grasp the concept of racism and its central role in the town of Maycomb. To Kill a Mocking Bird is narrated retrospectively from the view of Scout, the daughter of Atticus Finch a lawyer of Maycomb, and younger sister of Jem. The informal vocabulary of the narration is still good enough to suggest it is spoken from the view of an adult Scout, (looking back at her childhood) but is casual enough to be understood by most readers. Maycomb's racist attitude in To Kill a Mocking Bird is fueled by the events which occurred soon after World War I. After a devastating stock market crash, many employers lost a substantial amount of money and therefore could hardly afford to hire staff. Many resorted to buying slaves; it was cheap and required little responsibility on their part. This event led to the employment of Negroes. The Industrial revolution did not occur in South America since it was only logical to simply buy slaves rather than expensive machinery. The civil war soon followed, and declared that Negroes were no longer considered slaves and if they were unhappy with work conditions they could leave. Few did, since jobs were already dangerously scarce and by about 1930 racism toward blacks was obvious. Negroes were accused of stealing the jobs of white people and this led to a system of separate public transport, schools and even drinking fountains. To Kill a Mocking Bird expresses the racist attitudes of Maycomb most dominantly in the court case involving Tom Robinson (who's lawyer is Atticus Finch) and Mayella Eule. The trial makes blatantly obvious to the reader that Tom Robinson, the black man accused of rape is innocent and yet the jury finds him guilty. It also establishes that Mayella was actually beaten by her father and although the evidence that points to this occurrence is circumstantial, it is made perfectly clear. The court case also clarifies to the reader the frightful nature and obvious abundance of racism within the small town of Maycomb.

Friday, January 17, 2020

Hinduism and Buddhism vs. Confucianism and Taoism Essay

Hinduism is, some would say, the world’s most ancient and sprawling religion. Its scriptures and teachings are voluminous and wide-ranging, addressing everything from science and history to philosophy, art and, of course, spirituality. Comparatively speaking, the Hindu teachings are uniquely inclusive rather than exclusive. One of its early Vedas openly recognizes the universality of the spiritual path: â€Å"Truth is one; sages call it by different names.† As in Buddhism, Hinduism stresses the necessity of letting go our compulsive attachment to, and fascination with, the ego or the self, so that we can realize The Self, or selflessness. The differences in supreme beings between Hinduism and Buddhism show two extremes of the same idea. Hinduism believes in one Supreme Being, but separates its characteristics into many different Gods. Everything is a part of the Supreme Being. Buddhism sees the individual’s thought and nature as supreme, and therefore does not ha ve a single God, and so turns inward instead of outward. Similarities between views of man and nature greatly show the progression from Hinduism to Buddhism as the same ideas of everything being one and the same are expressed in different contexts. Both religions are also similarly based on attaining certain knowledge in order to reach salvation or Nirvana. Taoism and Confucianism have to be seen side-by-side as two distinct responses to the social, political and philosophical conditions of life two and a half millennia ago in China. Whereas Confucianism is greatly concerned with social relations, conduct and human society, Lao Tzu emphasized the need to look beyond the promises and treaties of human beings for a source of peace and contentment; and he urged to return to nature’s way, that is, a simple and harmonious life. Chuang Tzu developed Taoism emphasizing on the natural way as opposed to the artificial and contrived way of persons. The Tao is similar to the Christian God in that is omnipresent and all powerful. It is also an impersonal, impartial force, however, much like â€Å"the force† of George Lucas’ Star Wars. Tao means, more or less, â€Å"the way of things,† both material and immateria l, not dissimilar to the Buddhist term dharma. Taoism centers upon the absolute necessity, uniqueness, pervasiveness and indefinable elusiveness of this peculiar â€Å"way.† The following passage from the Tao Te Ching is a typical description of the Tao. â€Å"The Tao that can be told is not the eternal Tao. The name that can be named is not the eternal name.† Confucius thought that the problems of his time originated from  sovereign power used without moral principle. To cure this problem, he urged that the government should be administered for the benefit of all the people; and this is possible if the government officials were of the highest personal integrity and cared about the people as much as they did about themselves. (Do unto others as you would have them do unto you). 3. Perfection can be realized by following the inner Way (Tao) of nature. Tao is manifested in the workings of nature, for what individual things possess of Tao is the te, or function, of Tao. Tao, as a source, provides for the very existence of beings, but the function of Tao provides for their distinctness. Nonaction (wu-wei) is what things inherit from Tao as their function. â€Å"Tao invariably takes no action, and yet there is nothing left undone.† Non (artificial) action is letting things be accomplished in a natural and spontaneous way. The word â€Å"jen† means ‘virtue,’ ‘benevolence,’ ‘true humanhood,’ ‘moral character,’ ‘love,’ ‘human goodness,’ and ‘human-heartedness’. What makes us human is a matter of feeling as well as thinking; Chinese emphasize on the heart, rather than the reason, as the central feature of human nature. To realize jen, guides to action in everyday life are needed. Confucius found these guides in the rules of li (propriety). Li governs customs, ceremonies, and relationships established by human practice over the ages; and jen is realized through li. Jen is the ground of li; what makes li a standard of conduct is the fact that it is in accord with jen. Customs and regulations not in accord with jen are not really li. By li, we tame our unruly impulses and transform them into civilized expressions of human nature: that is, li is the means by which our humanity (jen) can be evoked and developed. â€Å"†¦ Li is the principle by which the ancient kings embodied the laws of heaven†¦Ã¢â‚¬  The word â€Å"li† means propriety in everything: moral discipline in personal conduct, the general principle of the social order, ritual and ceremony, a system of social relationships with definite attitudes toward one another, love in the parents, filial piety in the children, respect in the younger brothers, friendliness in the elder brothers, loyalty among friends, respect for authority among subjects, and benevolence in rulers.