Loss of Control Essay Example Pdf - Free Essay Example

Sample details Pages: 7 Words: 2083 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Voluntary manslaughter defence Loss of Control Introduction As Maria has Killed John, She is likely to be charged with his Murder. Maria is both factual, à ¢Ã¢â€š ¬Ã‹Å"but forà ¢Ã¢â€š ¬Ã¢â€ž ¢ her actions, he would not have died R v White (1910)[1] and legal cause, as her actions contributed significantly to the death of John (R v Smith (1959))[2]. The mens rea for murder is established by evidence, as Maria throws the vase at Pauls head with the intention to cause Grievous Bodily Harm (GBH), therefore indicates that Maria had intention to harm and possibly Kill John, and therefore would be likely to be charged with Murder. Don’t waste time! Our writers will create an original "Loss of Control Essay Example Pdf" essay for you Create order However Maria may be able to plead the partial defence of loss of control, this is a statutory defence and only applies to murder charges. If the plea for loss of control is successful Maria will be convicted of Voluntary manslaughter, as she did intend to cause GBH but carried out the offence due to her loss of control, therefore will potentially be given a discretionary sentence, depending on the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision. The Coroners and Justice Act (2009) (CJA) made fundamental changes to the partial defence of murder and created the new defence of loss of control s.54 (1). The old defence of Provocation was abolished by s.56[3], therefore repeals s3 of the Homicide Act (1957). There are three elements of the defence of loss of control: At the time of the killing Maria must have lost self-control (this is an element that Under s.55 (CJA, 2009) the loss of control must have had a qualifying trigger (QT), so there must have to be a reason as to why you have lost your self-control and, Someone of the same age and sex of Maria, with a normal degree of tolerance and self-restraint and in the circumstances of Maria, might have reacted in the same way to Maria, s.54 (3) CJA, 2009. Loss of self- control The first element contains the subjective question whether Maria had lost self-control, it is clear from the facts that she was extremely angry and snapped after she had found out that her husband was leaving her for another man. This meant she launched the glass vase at Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s head which caused his fatal injuries. This indicates that indeed she had lost her self- control. In the old defence of provocation required that the killing had to have been à ¢Ã¢â€š ¬Ã‹Å"sudden and temporary loss of controlà ¢Ã¢â€š ¬Ã¢â€ž ¢, therefore excluded Duffy[4], Humphreys[5] and anybody else like her that waited to kill their victim. However under the new law there is no requirement that loss of control was sudden s.54 (2) CJA, 2009. The purpose of this new requirement was because the old defence was criticised for failing to protect those who had suffered cumulative abuse who lashed out as a result of provoking behaviours/conduct, otherwise known as à ¢Ã¢â€š ¬Ã‹Å"the last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ Abid. However if the killing was a planned revenge under s.54 (4) the defence would not be available. This highlights the balancing game in which the courts are faced with in terms of identifying what is planned and what is not. Therefore from the above it is evident that Maria carried out the killing in a sudden and temporary loss of control. She did not leave the room or plot her revenge she threw the vase in the heat of the moment, with the intention to cause GBH. Therefore s.54 (1) (a) and s.54 (2) would be satisfied. Qualifying Triggers The next element is to determine if Maria had a qualifying trigger s.55 CJA, 2009, in other words a reason why she carried out the crime. With the old defence of provocation, virtually any act was capable of being used as evidence of provocation. Thus there was no need to have the provocative action aimed at a person. This was such the case of Davies[6] it was held that the defendant kill ed his wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s lover for just walking towards her place of work. It was held that this act could amount to a provocative act and was put to the jury. There were many issues with this, as it left the defence of provocation extremely broad and easy for the defendants to successfully apply the defence of provocation. Therefore when the CJA, 2009 came into force and abolished the defence of provocation, it included two different types of Triggers s.55 (3) and s.55 (4) (a) (b). In order for Maria to use the defence of loss of control she has to qualify under at least one or both of the triggers. These triggers are often referred to the Fear trigger and Anger trigger. Each trigger will now be discussed in turn to see if Maria has a QT. Trigger 1- s.55 (3) CJA, 2009 à ¢Ã¢â€š ¬Ã‹Å"the Fear triggerà ¢Ã¢â€š ¬Ã¢â€ž ¢ Makes it very clear that fear or fear of serious violence would be a qualifying trigger and, that fear of serious violence could be either against yours elf or against a third person (typically a child or a vulnerable person rather than other people in general). With Maria there is no evidence of previous history of violence, nor is there evidence of Mariaà ¢Ã¢â€š ¬Ã¢â€ž ¢s fear from serious violence or abuse. Therefore Maria would be unable to use s.55 (3). Nevertheless this is a subjective test, therefore it is down to Marie to show that she honestly feared serious violence. Trigger 2- s. 55 (4) (a) (b) CJA, 2009 à ¢Ã¢â€š ¬Ã‹Å"the anger triggerà ¢Ã¢â€š ¬Ã¢â€ž ¢ In the old defence of Provocation anything that was said or done might amount to provocation, which resulted in the defence being very broad and open for interpretation. Moreover the defence of provocation was down to the jury to decide, however under the new law s.54 (6) CJA, 2009, Judicial control has been given back to the Judge, in determining whether a jury can reasonably conclude that the words or conduct constituted to circumstances of an extremely grave cha racter (Allen, 2013)[7]. This change has tightened the rule and made it more difficult for the defence of loss of control to succeed as, s.55 (a) states the things that are done or said have to amount to à ¢Ã¢â€š ¬Ã‹Å"circumstances of an extremely grave character. Therefore the defendant will be relying on what has been said or done and not the fear or serious violence. Subsection (b) indicates that what has been said or done has caused the defendant to have a justifiable sense of being seriously wronged. Therefore only if Marieà ¢Ã¢â€š ¬Ã¢â€ž ¢s act of throwing the vase at Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s head, after his taunts that she has à ¢Ã¢â€š ¬Ã‹Å"ruined his life and that she is repellent to him physicallyà ¢Ã¢â€š ¬Ã¢â€ž ¢, that their marriage is à ¢Ã¢â€š ¬Ã‹Å"a ridiculous charadeà ¢Ã¢â€š ¬Ã¢â€ž ¢, and the money they have saved for their daughters university has now been spent on his gambling habit, is an extremely grave character which caused her to a justifiable sense o f being wronged, then the anger trigger would apply. However there are limitations on these triggers, s.56 (6) (a) (B) CJA (2009), indicate that you cannot have these qualifying triggers if they are self-induced, meaning that, if Marie had started the quarrel and is the provoker, whereby she had made the victim retaliate with violence and or abuse, then the defence will fail. However as already discussed there was no act of violence from John towards Marie, therefore this limitation would not apply to Marie and s. 55 (4) (a) (b) would still allow the defence of loss of control. However there is one other limitation s.56 (6) (c) CJA, 2009 which indicates that if there is any sexual infidelity then the defence to be disregarded. The old law of provocation would allow sexual infidelity however in Smith (Morgan James) (2000) in the dictum form Lord Hoffman states that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Male possessiveness and jealousy should not today be an acceptable reason for l oss of self-control leading to homicide, whether inflicted on the woman herself or on her new loverà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ [8] However some argue against Lord Hoffman saying that sexual infidelity is the very thing that cause sudden temporary loss of control as the killing is carried out on: 1. a spare of the moment, 2. the extremely grave character of the victim and 3. That the defendant feels justified with his feelings. However this criticism was justified in The Ministry of Justices Consultation Paper in, 2008 stating that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦It is quite unacceptable for [D] who has killed an unfaithful partner to seek to blame [V] for what occurred. We want to make it absolutely clear that sexual infidelity on the part of [V] can never justify reducing a murder charge to manslaughterà ¢Ã¢â€š ¬Ã‚ [9] However in Clinton[10] the Court of appeal considered whether or not sexual infidelity is wholly excluded from consideration as a permissible qualify ing trigger within s.55. Judge CJ stated that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦ the legislation was designed to prohibit the misuse of sexual infidelity as a potential trigger for the loss of control in certain circumstances in which it was thought to have been misused in the former defence of provocationà ¢Ã¢â€š ¬Ã‚ ¦ in short sexual infidelity is not subject to a blanket exclusion when the loss of control is under considerationà ¢Ã¢â€š ¬Ã‚ ¦to compartmentalise sexual infidelity and exclude it when it is integral to the facts as a wholeà ¢Ã¢â€š ¬Ã‚ ¦is unrealistic and carries with the potential for injusticeà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ 10 Meaning that sexual infidelity can be taken into account despite what has been stated in statute. Where it is a part of a pattern of behaviour, part of the whole version of events which is related to this killing. However the courts said that if it is only sexual infidelity that you is being plead then s.55 (6) (c) still applies. It is on ly when there is a pattern of behaviour which forms part of the whole version of events you can disregard it. Therefore from the evidence given, tells us that John hid his sexual orientation his whole adult life, therefore the whole time he was married to Maria. Maria has been completely unaware of his homosexuality until very recently when he discloses this to her. Therefore there is no pattern of behaviours and, as stated previously no evidence of violence which would also show a pattern for this QT to grip onto. Thus s.55 (6) (c) would disregard Mariaà ¢Ã¢â€š ¬Ã¢â€ž ¢s s.55 (4) trigger and plea of loss of control. The Objective test It is still important to explore the third element of loss of control s.54(3) supplements s.54(1)(c) by explaining that the defendants circumstances leading up to the killing will be included except those factors that relate to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s tolerance and his ability to exercise self-restraint. Therefore it requires someon e of the same age and sex as Maria, with a normal degree of tolerance and self- restraint and in the same circumstances as Maria, might have reacted in the same or similar way s.54 (3) CJA, 2009. Thus if the defendant has a history of violence or prone to be short-tempered, the test will not permit the defendant to rely on the loss of control defence. This is the objective test which follows the decision in Holley[11] whereby à ¢Ã¢â€š ¬Ã‹Å"toleranceà ¢Ã¢â€š ¬Ã¢â€ž ¢ was the new addition to the CJA, 2009 and self-restraint was kept from the abolished provocation defence. However if this third element looks at the circumstances and the characteristics of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s, it would highlight that Mariaà ¢Ã¢â€š ¬Ã¢â€ž ¢s circumstances impairs her capacity to exercise a normal level of tolerance and self- restraint, which would not be classified as a normal person s.54 (3). Therefore as Maria was extremely stressed she would not attribute to a normal person. Thus th e defence of Loss of control would be unsuccessful. To Conclude Maria would be unsuccessful in her plea the partial defence for loss of control, however would potentially be able to plea for the partial defence of diminished responsibility under s.2 (1) The Homicide Act, 1957, as amended by s.52 of the CJA, 2009. Due to having extreme stress which is a recognised mental health condition, which can alter your behaviours and can make you verbally and physically aggressive, the feeling of anger, depression, anxiety and fear to name just a few[12] However it will be for the jury to decide whether her stress was a significant contributing factor in causing her to throw the vase at John which caused his fatal injuries. Bibliography 1 [1] R v White (1910) 2 KB 124 CA [2] R v Smith (1959) 2 QB 35 [3] The Coroners and Justice Act (2009) [4] R v Duffy (1949) 1 AII ER 932 [5] R v Humphreys (1995) 4 AII ER 889 [6] R v Davies (1975) 1 QB 691 [7] Allen. M (2013) Textbook on Criminal Law. Oxford: Oxford University Press, 12th Ed, page 338-339. [8] R v Smith (Morgan James)(2000) 3 WLR 654. [9] Baird.N (2010) Criminal Law online. https://www.criminallawonline.com/artcontrol.php [10] R v Clinton (2012) EWCA Crim 2 [11] Attorney General for Jersey v Holley (2005) UKPC 23 [12] Mental health foundation (2014) https://www.mentalhealth.org.uk/help-information/mental-health-a-z/S/stress/

We See and Understand Things Not as They Are but as We Are

Theory of Knowledge â€Å"We see and understand things not as they are but as we are† Discuss this claim in relation to at least two ways of knowing. Name: Carlos Hill Quinta Candidate Number: 0650 035 Word count: 1,495 People are aware of reality just how they see it and how they live it. People perceive things how they understand it which sometimes can lead to conflicts and discussions on the fact that each person can perceive things differently. One way speaking people perceive and understand things by using their five senses: seeing; hearing; smelling; feeling and tasting. People can have different perceptions of reality by means of drugs, diseases or some kind of sense deficient, such as blindness, deafness or muteness.†¦show more content†¦For instance: Art people in general would not be able to see and understand the work as it is but how they perceive it as they think it is and as they want to. Different people will have different opinions from others which will in fact identify the claim where People see and understand things not as things are but as they are, because each person has a different way of thinking and of interpreting things which leads to a different understanding of the matter. That’s why Art is so subjective towards reality and self-understanding. And this is why the so called ‘Emotional ones’ interpret reality depending on culture and education which rely on ethics and on their self-actualisation of global perspectives. On the other hand ‘reasonable ones’ are objective on what they want and on what they believe. They see things just as they are with no second thoughts and no discussions on other ways of perceiving things. They have explicit points of view where all they perceive is rational and exponential, for it relies on morals and on efficient and productive perceptions on how things are. 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Malaysian Speech Language Pathologists Practices Education Essay Free Essays

string(129) " harmonizing to the state of affairs by either working independently or in close partnership with squad members \( SPA 2001 \) \." 1.0 Introduction The best indicant to find the local prevalence of kids with developmental disablement is from international surveies which have suggested that more than 10 % of all kids in the universe have developmental disablement ( Amar 2008 ) . Using this rate to local population under 15 old ages old with the figure of 9. We will write a custom essay sample on Malaysian Speech Language Pathologists Practices Education Essay or any similar topic only for you Order Now 2 million ( Department of Statistics Malaysia 2011 ) , approximative 920,000 kids with disablement would be found in Malaysia. Speech Language Pathologists ( SLPs ) play a important function in assisting the communicating development of individuals ( ASHA 2005 ) so that they are able to populate inclusively in society as stated in Persons with Disabilities Act 2008 ( Government of Malaysia 2008 ) . In the mid-1990, merely less than five Speech Language Diagnosticians who trained overseas were working locally in Malaysia which ensuing of amazing 1: 2.5 million Speech Language Pathologist to people ratio ( Ahmad 2010 ) . Finally, formal local Speech Language Pathologist preparation started in the late 1990 ( Sharma 2008 ) . Universiti Kebangsaan Malaysia ( UKM ) is the innovator to offer Bachelor of Speech Science with Honors while Universiti Sains Malaysia ( USM ) began offering their Speech Pathology plan in 2004-2005. By 2011, more than 175 Speech Language Pathologists had graduated from the universities ( Aishah 2012- unpublished ) and are functioning to the community in different scenes. Lian A ; Abdullah ( 2001 ) found that the profession of Speech Language Pathologist is still in its babyhood phase in Malaysia. The profession still needs old ages to turn and maturate ( Kosta 2005 ) . Indeed, many Malayan Speech Language Diagnosticians have indicated that they face great challenges to keep good profession patterns. The challenges are unfavourable working environment, deficit of Speech Language Pathologists, high caseload, small chances for go oning instruction and other factors ( Ahmad 2010 ; Sharma 2008 ) . Despite many challenges that affect Malayan Speech Language Pathologists patterns when pull offing instances, the balance between pragmatism and professionalism should be achieved in order to supply equity and quality of service proviso ( Ahmad 2010 ; Taylor-Goh 2005 ) . American Speech-Language-Hearing Association ( ASHA ) and Centers for Disease Control and Prevention ( CDC ) define Developmental Disability ( DD ) as terrible chronic conditions that occur in an single due to physical and or mental damage. Examples of developmental disablement are rational disablement such as Down ‘s syndrome, neuromuscular upsets such as intellectual paralysis, sightlessness, hearing damage, larning disablements, epilepsy, and Autism Spectrum Disorder ( ASD ) ( Decoufle et al. 1994 ) . The oncoming of the conditions is before 22 old ages of age and will normally stay throughout the person ‘s life-time. Peoples with developmental disablement have restrictions and jobs in his or her major functional life activities such as acquisition, working, walking, speech production and other countries ( ASHA 2005 A ; CDC 2011 ) . Paul ( 2001 ) described kids in the Developing Language Stage ( DLS ) as group of kids who are still at the period of larning to unite words into sentences and they have expressive vocabularies larger than 50 words. Developing Language Phase occurs between 2 and 5 old ages of age for typical developing kids. Another manner to depict Developing Language Stage is that it refers to linguistic communication degree in Brown ‘s Stage II-V. This indicated average lengths of vocalization ( MLU ) of more than two but less than five morphemes. The type of sentence produced by them are at the scope of additive simple sentences with outgrowth of grammatical morphemes, like â€Å" my cat ‘s feeding † to intensify sentences, like â€Å" I drink milk and daddy drink java † ( Shipley A ; McAfee 2009 ) . Developing Language Phase is the most explosive phase of linguistic communication development for kindergartner to develop from telegraphic vocalizations to basic sentence constructions ( Paul 2001 ) . For kids with developmental disablement, they needs appropriate intercession to travel through this phase ( Paul 2001 ; International Centre for Allied Health Evidence 2007 ; Law et al. 2010 ) . Hence, this is an of import passage gate for them to either remain at the same phase or to turn and come in the Language for Learning Stage. Malayan Speech Language Pathologists play great function to ease the acquisition of this group of kids. This is because mean caseload seen by Malayan Speech Language Pathologists particularly those who are working general infirmary consists of paediatric instances ( Aishah 2012- unpublished ; Sharma 2008 ) . From all the paediatric instance, Speech Language Disorder ( SLD ) is the most prevailing type of communicating damage seen by Speech Language Patholo gists in general infirmary ( Aishah 2012- unpublished ) . Therefore, this survey will function as a mention for the professionals in address and linguistic communication pathology about the pattern by Malayan Speech Language Pathologists in pull offing kids with Developmental Disability in the Developing Language Stage. Opinions and recommendations by Malayan Speech Language Pathologists sing the bing issues will besides be collected to give more in-depth apprehension about the pattern by Malayan Speech Language Pathologists. Besides, this survey will supply feedbacks to the professional associations A ; universities about the development of Malayan Speech Language Pathologists. Clinical pattern guidelines related to communicating upset in kids are good documented by professional association from western states because they provide relevant statements sing clinical direction that are based on the available current groundss including adept clinical sentiments ( Hargrove et al. 2008 A ; Taylor-Goh 2005 ) . The guidelines besides assist Speech Language Pathologists in clinical determination devising procedure and to supply high criterions of minimal best patterns services ( Hargrove et al. 2008 ; SPA 2001 ; Taylor-Goh 2005 ) . Looking back to Malaysia, guideline constitution for the profession of speech linguistic communication pathology in the local context is still developing due to limited resources and work force. Based on the guidelines documented by American Speech-Language-Hearing Association and Royal College of Speech Language Therapists ( RCSLP ) , few common chief clinical procedures are highlighted and overly discussed to guarantee minimal best pat tern to be practiced by the Speech Language Pathologists. The procedures are attack used in direction, appraisal, planning and intervention ( ASHA 2005 ; Gerber A ; Prizant 2008 ; Taylor-Goh 2005 ) . Approach used in speech linguistic communication pathology direction could be delivered utilizing different attacks harmonizing to the state of affairs by either working independently or in close partnership with squad members ( SPA 2001 ) . You read "Malaysian Speech Language Pathologists Practices Education Essay" in category "Essay examples" However, coaction that involves household centered, squad working and culturally appropriate services is able to guarantee effectual direction to the kids with Developmental Disability in the Developing Language Stage ( ASHA 2005 ; Diane 2011 ; SPA 2001 ; Taylor-Goh 2005 ) . Family-centered is a set of interrelated beliefs, rules and values that practiced by the facilitators including Speech Language Pathologists to back up and beef up the kid ‘s household capacity to heighten and advance his development and acquisition ( Dunst 2002 ) . Through working in a multidisciplinary or interdisciplinary squad, Speech Language Diagnosticians do n on provides services in isolation. Alternatively, this teaming establishes a joint intent and shared ends throughout the direction among the households, professionals and the kid ( ASHA 2005 ) . The cultural background of the households and the kid with Developmental Disability is really meaningful in service proviso particularly in Malaysia, a state which is good known by its multi-ethnicity, multi-cultures and multi-linguistics. Multicultural fluctuations that ever encountered by Speech Language Diagnosticians are values about acquisition, beliefs and perceptual experience about kid functions in the household, outlooks for child behaviour at different developmental degrees and household perceptual experiences and attitudes toward a â€Å" disablement † ( Diane A ; Froma 2011 ) . Assessment involves roll uping relevant informations about the kid ‘s conditions to make a diagnosing while diagnosing entails placing and understanding the jobs or shortages of the kid ( Paul 2001 ) . Both assessment and diagnosing are ongoing procedures because the diagnosing of the kid could alter over clip as the turning and development of him or her are besides ongoing ( Haynes A ; Pindzola 2004 ) . The chief grounds for appraisal are to get at a good apprehension of the kid ‘s job, to set up the baseline degree of operation, to ease ends be aftering for intercession and to mensurate the advancement of the kid in intervention ( Haynes A ; Pindzola 2004 ; Paul 2001 ) . Appraisal with kids with Developmental Disability in the Developing Language Stage is encouraged to see all relevant modes across different contexts utilizing appropriate appraisal tools ( Paul 2001 ; Taylor-Goh 2005 ; Haynes A ; Pindzola 2004 ) . In add-on, appraisal of developmental age or mental a ge is normally used by Speech Language Pathologists during diagnosing to qualify the kid ‘s functional accomplishments. But, many Speech Language Pathologists excessively have been discouraged to trust entirely on the usage of developmental age appraisal during diagnosing because it could non reflect the high variableness among the kids ( DeVeney et al. 2012 ) . Based on the assessment findings, the planning of intercession plan specifies the ends and the procedure of intercession by sing the kid ‘s damage, demands and outlooks ( Paul 2001 ; SPA 2001 ; Taylor-Goh 2005 ) . The planning aims to place and develop meaningful and contributing acquisition environment for the kids with Developmental Disability in the Developing Language Stage in functional day-to-day activities ( ASHA 2005 ) . Hence, relevant and possible schemes, contexts, issues, result and timeline should be documented to ease the service provided by Speech Language Pathologists is coordinated, comprehensive and holistic ( Diane 2011 ; Paul 2001 ; SPA 2001 ; Taylor-Goh 2005 ) . Besides, Speech Language Diagnosticians are strongly encouraged to follow Evidence-Based Practice ( EBP ) to help clinical determination ( ASHA 2005 ; Brankenbury 2008 ; Diane 2011 ; Johnson 2006 ; SPA 2001 ; Taylor-Goh 2005 ) . Evidence-Based Practice ( EBP ) encourages the Speech Language Patholog ists to take consideration of ( a ) current high-quality scientific research ; ( B ) Speech Language Pathologists expertness and experience ; and ( degree Celsius ) household ‘s penchants, values, and involvements ( Diane 2011 ) . It is an of import portion of effectual and ethical directions as it guides Speech Language Pathologists to extinguish methods which appear no or minimal clinical effects ( Brankenbury 2008 ; Taylor-Goh 2005 ) . Besides, Evidence-Based Practice besides helps the profession of speech linguistic communication pathology to accomplish higher answerability and credibleness ( Johnson 2006 ) . Effective instruction techniques ( ASHA 2005 ; Dunst et Al. 2011 ; Law et al. 1999 ; Law 2003 ) are really of import to find the result of the intervention plan. There are three types ‘ of intercession methods that are didactic, realistic, and combination of didactic A ; realistic attacks ( Dunst et al. 2011 ; Law et al. 1999 ; Law 2003 ) . The classification of different type of intercession methods is non purposes for Speech Language Pathologists to take merely one method and utilize it systematically. In fact, it prepares a repertory of methods available for Speech Language Pathologists to fit the acquisition of the kid with the specific ends that have targeted ( Paul 2001 ) . In this manner, the efficiency of the intervention for the kid with Developmental Disability in the Developing Language Stage is maximized. Introduction of appropriate stuffs or activities ( ASHA 2005 ) , single acquisition environment ( ASHA 2005 ; Dunst et Al. 2011 ) , assistive engineerings ( Sandr a A ; Sahoby 2006 ) and Augmentative and Alternative Communication ( AAC ) systems ( Millar et Al. 2006 ; Rose et Al. 1999 ) are all portion of duties of Speech Language Pathologists in giving intervention to the kids with Developmental Disability in the Developing Language Stage. These constituents facilitate the acquisition and growth of the kid in a familiar nature environment which is filled with synergistic communicating and societal routines/activities. Besides, the debut besides promotes the kid to generalise the new accomplishments to new state of affairs that would go on in mundane contexts. Back to Malaysia, Joginder Singh et Al. ( 2011 ) reported that Malayan Speech Language Pathologists demonstrated best pattern in many countries but fail to make in some other countries when supplying services to pre-symbolic kids. Approach used in speech linguistic communication pathology direction which consist the coaction of household centred, squad direction and culturally appropriate services is found barely practiced ( Lim 2008-unpublish ) ; Diane 2011 ; Joginder Singh et Al. 2011 ; Othman 2010 ) . Furthermore, Lian A ; Abdullah ( 2001 ) found that Malayan Speech Language Pathologists were likely to trust on informal appraisals because formal appraisals are limited in the local market. When measuring pre-symbolic kids, Malayan Speech Language Pathologists showed low trust of roll uping communicating sample and roll uping informations out of clinic ( Joginder Singh et Al. 2011 ) . Looking into intercession pattern, Malayan Speech Language Pathologists demonstrate different inte rcession attacks and techniques across different scenes ( Lian A ; Abdullah 2001 ) . In other custodies, Augmentative and Alternative Communication ( AAC ) systems and assistive engineerings are non famously introduced by Malayan Speech Language Pathologists to better the efficiency of the intervention plan ( Joginder Singh et Al. 2011 ) . 2.0 RESEARCH QUESTIONS How Malayan Speech Language Pathologists holistically manage kids with Developmental Disability in the Developing Language Stage? What are the bing issues faced by Malayan Speech Language Pathologists when pull offing kids with Developmental Disability in the Developing Language Stage? What are the recommendations for better pattern suggested by Malayan Speech Language Pathologists when pull offing kids with Developmental Disability in the Developing Language Stage? 3.0 RESEARCH OBJECTIVE 3.1 General Objective To analyze Malayan Speech Language Pathologists ‘ patterns in pull offing kids with Developmental Disability in the Developing Language Stage. 3.2 Specific Aims To find the specific clinical constituents practiced by Malayan Speech Language Pathologists in pull offing kids with Developmental Disability in the Developing Language Stage as are attacks used, assessment, planning and intervention. To find the bing issues faced by Malayan Speech Language Pathologists in pull offing kids with Developmental Disability in the Developing Language Stage. To depict the recommendations suggested by Malayan Speech Language Diagnosticians of better pattern in pull offing kids with Developmental Disability in the Developing Language Stage. 4.0 METHODOLOGY 4.1 Research Design This is a cross-sectional qualitative and quantitative survey via study. 4.2 Sampling Population The population of this survey covers all Malayan Speech Language Pathologists. 4.3 Study Site Participants will be recruited from all 14 provinces in Malaysia. 4.4 Sampling Method Purposive sampling method is used for this survey. All participants who fulfill the inclusion standards ( Please refer to 4.6 ) will be recruited. 4.5 Sampling Frame The contact lists of Speech Language Pathologists who graduated from Universiti Kebangsaan Malaysia ( UKM ) and Universiti Sains Malaysia ( USM ) will be obtained in order to administer the study to all alumnas members. The study will be besides mailed or/and posted to all Speech Language Pathologists working with Ministry of Health and to all members listed in the directories of local professional organic structures ( i.e. Malayan Association of Speech-Language A ; Hearing ( MASH ) and others ) . 4.6 Sample Inclusion Criterion Participants inclusion standards: Qualified Speech Language Pathologists and practising locally. However, Speech Language Pathologists who have non had experience in pull offing kids with Developmental Disability in the Developing Language Stage will be indicated in the study to return the study without farther responses ( Please refer Appendix A ) . 4.7 Sample Size Calculation Aishah ( 2012-unpublish ) reported that there are 175 SLPs registered in the UKM and USM alumni from local universities by the twelvemonth 2011. Besides Speech Language Pathologists who have obtained their makings locally, Speech Language Pathologists who graduated from overseas are besides included in the survey, with the status that they are presently practising locally. Hence, the population of Malayan Speech Language Pathologists is estimated to be between the scope of 175 to 250 Speech Language Pathologists. The mean of the scope of 210 Speech Language Pathologists will be used as N, in the undermentioned computation: I†¡A?NP ( 1-P ) = 3.84 ten ( 210 ) ( 0.5 ) ( 1-0.5 ) dA? ( N-1 ) + I†¡A?P ( 1-P ) 0.05A? ( 210-1 ) + 3.84 ( 0.5 ) ( 0.5 ) = 137 participants Happening of backdown and bead out of 10 % is farther considered in the sample size computation. Entire topics = nn__ 1-0.1 = _137_ 0.9 = 152 participantssubjects Therefore, a sum of 152 topics participants will be recruited in this survey. 6.54.8 Data Collection The study utilized for this survey is adapted from several surveies that focus on happening similar results on SLP patterns ( Joginder Singh et Al. 2011 ; Mustaffa Kamal et Al. 2012 ; Othman 2010 ; Stuck 2012 ) . The study is constructed utilizing English because the participants involved in this survey are qualified Malayan Speech Language Pathologists who have English proficiency. The study contains the undermentioned subdivisions: Part A: Demographic Data Part B: Specific Clinical Components 7 parts that are Demographic informations, Approaches used, Assessment, Planning, Treatment, Opinions sing bing issue and Recommendations of better pattern. Close-ended inquiries utilizing 5 points LikertLikert grading and multiple picks are included in the study. Besides, and open-eopen-ended inquiries are besides included. nded inquiries are included. ( Please refer to Appendix A ) . Survey and information sheet will be distributed to the Speech Language Pathologists SLPs via electronic mail and/or gpost. QuestionPro ‘s online study package will be used to administer the study via electronic mail. Meanwhile, Ffor Speech Language Pathologists SLPs who will have the study and information sheet via postmailing, a reply-paid envelope is included for them to return the study. SLPs will be informed that the returning of completed questionnaire study indicate consent to take part in this survey. A follow-up reminder electronic mail or phone call will be sent to Speech Language Pathologists SLP ten 10 yearss after the initial distribution. A 2nd reminder electronic mail or phone call will be sent 2 hebdomads subsequently. 64..96 Validity and Reliability of Survey The study will be piloted on 10 participants. Concept, content and face cogency will be determined by modifying the points consequently ( following the pilot survey ) through feedback from the participants. To find how closely related the set of points are grouped in the study, internal dependability of the study constituents will be assessedachieved by ciphering Cronbach ‘s Alpha Coefficientusing Cronbach ‘s alpha. This will demo how closely related the set of points are as a group in the study. 6.74.10 Statistical Trial The quantitative informations obtained from closed-ended inquiries in the study will be analyzed utilizing descriptive statistics. From the study, 11 out of 20 closed-ended inquiries are farther divided into sub-items. Hence, factor analysis via chief component analysis ( PCA ) is used as a information decrease technique. Items in the study that measured the same implicit in concept will be grouped together. Analysis method used by Mathers-Schmidt A ; Kurlinski ( 2003 ) will be adopted in this survey. Descriptive statistics ( per centums ) of the grouped-items is calculated to look into the grade of which specific clinical constituents are used. First, to find which specific clinical constituents of Speech Language PathologistsSLPs ‘ pattern are most normally used, the per centum of responses for each reply option ( ne’er, seldom, sometime, normally, or ever ) will be calculated. Percentages of response for option â€Å" normally † and â€Å" ever † are combined. The specific clinical constituents are so categorized into 3 groups: ( 1 ) constituents usually/always used by 90 % or more of the topics ; ( 2 ) constituents usually/always used by 50-90 % of the topics ; and ( 3 ) constituents usually/always used by less than 50 % of the topics. Second, consistence of the specific clinical constituents practiced by the topics will be determined. The information will be categorized as follows: ( 1 ) extremely consistent-75 % of topics indicated the same frequence of usage ; ( 2 ) reasonably consistent-50-75 % topics indicated the same frequence of usage ; ( 3 ) and inconsistent-less than 50 % of topics indicated the same frequence of usage for a peculiar clinical constituent. 6.84.11 Research Procedure 6.94.12 Gantt Chart Year/Month Undertaking Activities 2012 2013 July Aug Sept Oct Nov Dec Jan Feb Mac Apr May Literature Review Ten Ten Ten Ten Ten Ten Ten Ten Ten Ten Proposal Presentation Ten SurveyDevelopment Ten Ten Ten Application for Ethical motives Ten Ten Pilot Study Ten Ten Data Collection Ten Ten Ten Ten Datas Analysis Ten Ten Ten Ten Report Writing Ten Ten Ten Ten Ten Ten Ten Concluding Presentation Ten 6.104.13 Information Sheet and Consent Form The information sheet that will administer to the topics is attached in Appendix B. Meanwhile, the topics will be informed that the returning of completed questionnaire indicate their consent to take part in this survey. How to cite Malaysian Speech Language Pathologists Practices Education Essay, Essay examples

Planning and Managing Human Resources

Question: Discuss about the Planning and Managing Human Resources. Answer: Introduction At workplaces, all individuals have certain relationships. There are kinds of relationships ranging from good or bad. Relationships occur in different dominions either employee and employer or co-workers. Each party is required to implement a healthy relationship to achieve optimum performance. Organizations have a task to boost and retain the potential of their personnel. The morale and performance of a worker will impact either positively or negatively depending on the state of the working environment. Firms which accommodate new programs that address lifestyle changes such as health and fitness and recreation time are more attractive to employees(Mahajan, 2014). Implementing certain practices such as commissions based on performance, agreements on employment security also culminate in boosting motivation of workers. Also, employees need to be enlightened on new productive skills and technology required for their tasks. Personnel in an organization's leadership is preferred to be t ransformational which positively impacts on workers view of organizations reputation. On the other hand, transactional leaders are more likely to influence staff negatively since they do not involve them in decision making. New workplace practices in the company The manager's style of functioning drives towards an efficient operation of a firm(Alan Cowling, 2013). The work practices implemented by the new yard manager complements one another in various ways. The condition of the manager being a transformational leader has enabled the drivers to take part in decision making. Drivers can shoulder responsibility thus giving the best services. This ability to provide sufficient authority to employees depicts that the labor force can do their work efficiently. The newly appointed manager preferred to find out the causes of the problems in the company rather than blaming the workers. The manager engaged in talking to drivers and their union's representatives as a method to address problems. The teamwork portrayed by the manager provides a warm relationship between workers at the workplace (Sparrow, Brewster Chung, 2016). The predecessor manager act of being very autocratic dictating what to be done and yelling at workers had a negative impact on employees as well as the reputation of the company. Training of drivers on technical level and customer care service has led to more reliable and productive working environment. Involvement of drivers in this training has further enhanced a warm relationship at the workplace. Better occupational health and safety practices implemented by the new management also positively motivated drivers. The managers ability to treat drivers as professionals have developed the attitude of loyalty and trust among drivers. The sense of respect is restored once grievances of drivers are adhered to. The collective gaining from the renovation of trucks and new uniforms has made drivers realize their benefits and therefore enhancing a positive respond to their superiors(Stephen Bach, 2013). The information sharing between the drivers and the manager about the performance of the yard gave the workers a level comparison to better their performance. Moreover, they gain insight and sense of ownership towar ds the firm. Risks sustaining to changes in the organization Any change in a firm may have effects at various levels of running it. Changing of a managerial position in an organization, therefore, may result in a strain in sustaining the current running of a company. In an instance where the truck company is changing the manager, the employees may respond with resistance. Employees are likely resisting this kind of change since they were comfortable with the current manager. The drivers for instance in this truck company know their expectations and their role in the enterprise (Armstrong Taylor, 2014). Changing of the manager may disrupt their familiarity thus making them upset. The monotonous of relearning their jobs or the shift in the order of how they do their services heightens their resistance. Lack of communication on either changing a manager or the owner causes rumors and fear in the workplace(Alan Cowling, 2013). This kind of challenge affects the warm relationship of drivers since their job security is in jeopardy in case of downsi zing or merging of the firm to another. Change of a manager may reduce the flow of news whether positive or negative to the employees. This kind of practice will bring uncertainty to the drivers and disrupts the smooth working conditions. Drivers also feel as if they are not considered in the decision making of their workplace. Lack of consensus in the moment of change of ownership or a manager in a firm affects the running of the company. In case the manager and George in the truck company are moving on the business will suffer dissension. The drivers have to be involved in the implementation of changing the manager or the ownership for an effective transition without affecting the current running of the company. The truck company may lack a step by step planning which will influence the current working practice when George and the manager move on. The company is more likely to fall apart if the incoming management does not understand the transition(William J. Rothwell, 2003). Assi gning of duties during the transition may be challenging and hence require a proper planning to avoid the failure routine of the company. This change also requires planning of compatibility of the current management system and the new one to avoid confusion and inefficiency in the firm. It is, therefore, crucial to have drivers involved to gain insight on how changes will occur. Change of the manager in the truck company may expose it to a new manager how fails to motivate the employees. Lack of motivation to the drivers of the business may lead to reduced services. The company may also lose its reputation in this kind of scenario. There is a risk of having a manager who confronts his owner or owner who confronts his manager. This lack of mutual respect between both parties hence conflict which undermines the running of the company(Scott A. Snell, 2015). The truck company is at risk to have team conflicts since the leadership is on conflicts. Engagement of blue collar union in the workplace Unions have a crucial role in making sure the work ethics of a particular group are observed. The blue collar unions such as the truck workers unions have a more relatively engaged in workplace changes than the public sector unions. The private areas are more specific to a particular concern of a particular group of workers making them have more impact than the public union sector. For instance, the private unions play a role in preparing the job security agreements for a particular group in the blue collar labor force which could not be captured in the public unions (Brewster, Mayrhofer Morley, 2016). The small sizes of the transport workers union have a better management giving them an advantage of speed in reaction to the needs of the employees. Public unions suffer from bureaucracies due to their large sizes making them less ineffective. Public unions are prone to be biased by the political ideologies thus jeopardizing the service of their workers. There is the objection of coll ective bargaining in public unions since the government's authorities find a way in manipulating decision making of the union(Kamoche, 2014). Private unions are led by members in the same level of labor force giving them immune to malicious individuals towards achieving the goals of the union. Transport workers unions build an engaging culture in the workplace and make employees act as company advocates and recruit talents. This makes them involved and absorbed in the particular industry since of mutual interest between organization and workers (Morley, Heraty Michailova, 2016). Compensation for overtime is adequately addressed in a private blue collar union since the rates fluctuate in various job industries. The public unions sense of generalization does not fully engage in fulfillment in the changes in the workplace. An increase of wages is the primary objective of every workers union(Kamoche, 2014). Transport workers union apart from addressing the increase of wages it has impr oved in the health and fitness of it workers. This kind of engagement gives it a clear distinction from the public union. Conclusion An organization's achievement of its objective cumulatively lies in its work practices. Effective communication both between workers and employees unions brings forth clear guidance on activities to be carried out. Good job ethics and practical managerial skills give a company a good reputation(Leiyu Shi, 2010). Employees are involved in decision making thus delegating responsibilities throughout all structures of an organization. The involvement of workers in transitioning of a firm aids in the retaining the running of the firm(Stephen Bach, 2013). This kind of practice prevents confusion, panic, and resistance of change among workers in a given company. Union workers are bound to benefit from their unions through wages rise, collective bargaining and job security. Transport workers union as a private union depicts that it has more engagement in workplace changes than the public union. The specification with a particular group of workers gives it a comparative advantage (Purce, 2014 ). References Alan, C., Chloe, M. (2013). Managing Human Resources. Abingdon: Routledge. Armstrong, M., Taylor, S. (2014).Armstrong's handbook of human resource management practice. Kogan Page Publishers. Brewster, C., Mayrhofer, W., Morley, M. (Eds.). (2016).New Challenges for European Resource Management. Springer. Kamoche, K. N. (2014). Managing Human Resources in Africa. : Abingdon-on-Thames: Psychology Press. Leiyu Shi, P. J. (2010). Managing Human Resources in Health Care Organizations. Burlington: Jones Bartlett Publishers,. Mahajan, J. (2014). Managing Human Resources. Delhi: Vikas Publishing House. Morley, M. J., Heraty, N., Michailova, S. (Eds.). (2016).Managing human resources in Central and Eastern Europe. Routledge. Purce, J. (2014). The impact of corporate strategy on human resource management.New Perspectives on Human Resource Management (Routledge Revivals),67. Scott A. Snell, S. S. (2015). Managing Human Resources. Boston: Cengage Learning. Sparrow, P., Brewster, C., Chung, C. (2016).Globalizing human resource management. Routledge. Stephen Bach, M. R. (2013). Managing Human Resources: Human Resource Management in Transition. Hoboken: John Wiley Sons. William J. Rothwell, H. C. (2003). Planning and Managing Human Resources: Strategic Planning for Human Resources Management. New Dehli: Human Resource Development.