American Airlines Flight 191 Case Study Example | Topics and Well Written Essays - 500 words

American Airlines Flight 191 - Case Study Example This maintenance procedure is believed to have led to the engine separating from the wing. The procedure was carried out because McDonnell-Douglas issued a service bulletin requiring that the "upper and lower spherical bearings that attached the pylon to the wing" (Failure Analysis, 2008, pg. 1) be replaced. Instead of carrying out the procedure according to the accompanying directions, American Airlines decided to replace the assembly via a cheaper method that involved less time and effort to undertake. The aft bulkhead could have been brought into contact with the wing-mounted clevis via a number of different ways. Either during or after the hardware in the aft bulkhead fitting was removed, a load could have been applied that would have been sufficient enough to produce a crack. When attaching the pylon, the maintenance personnel had to be extremely careful because of the small distance between the pylon and wing attachments and the structural elements. It would only take a minor error for the forklift operator to damage the bulkhead and its upper flange (Failure Analysis, 2008). the airlines contributed to this accident" (Failure Analysis, 2008, pg. 1).

There should never be a strict liability element in a criminal law Essay

There should never be a strict liability element in a criminal law offence. There should never be punishment without fault. C - Essay Example Criminal liability is a stringent provision since the defendants are likely to be convicted even if they were truly unaware of one or the multiple factors that labelled their acts as criminal offense. The defendants therefore, may not be  culpable  or guilty, in actual sense, i.e. absence of criminal negligence, the minimum blameworthy status within  mens rea. Thus, one may argue that strict liability in a true sense is an inappropriate use of the criminal law which, owing to the grave implications that it have on a ‘wrongly’ convicted defendant, should be made permissible only for the regulating or governing serious crimes committed by the culpable miscreants. This article will critically examine various cases and analyse whether there should not be a strict liability element within a criminal law offence, and there should never be punishment without fault. Discussion What are strict liability laws and their applications: Strict liability laws enacted in the 19th century aimed at elevating the working conditions and establishing standard safety norms within factories. The necessity to ascertain mens reas against the factory owners was not easy which culminated in very few prosecutions. The strict liability offences were created so as to tackle the factory owners more effectively and to ensure that the rate of convictions increased. In the modern context, common strict liability offences today include the driving over the prescribed speed limit and selling of alcohol to underage persons. Although the contentious issue here pertains to the fact that a person’s state of mind with which he/she acts should be made extraneous to his/her criminal liability (as opposed to the notions of how to deal with a defendant should he be proven guilty) it however, does not represent the law. This aspect is particularly relevant in the case of ‘real crimes’ where defendants are generally not held as criminally liable, for their conduct, if they are innocent (Ashworth and Blake, 1997). In a large number of offences, however, a prosecuted may face convictions even though his behaviour was unintentional, was not aware, not reckless or negligent, as regards to a necessary element of the offence charged. In such cases, an individual is liable to face punishment though there may be a total lack or absence of any wrongdoing on his part, as per the elements in question, which come under strict liability laws (Lemon, 1979). The debate: These laws are applicable either in  Ã¢â‚¬Ëœregulatory offences’  that administer social behaviour, where the stigma associated with the convicted person is minimal. The laws are also applicable in cases where the society is concerned with the harm prevention and reduction, and wants to obtain high deterrent values for a certain offense. However, a closer look at the various cases will reveal that are chances that some of the imposition of strict liability may function unjustly in cer tain isolated cases. As for example, if we study the case Pharmaceutical Society of Great Britain v Storkwain  we will find that a pharmacist sold drugs to a patient who had produced a medical prescription that was a forged (Pharmaceutical Soc

Change Model Research Paper Example | Topics and Well Written Essays - 500 words

Change Model - Research Paper Example The model requires that the implementation plan should begin by encouraging of the nursing staff to identify the practice questions that are either triggered through identification of a new knowledge or problem. In this plan, the model would that practice questions relating to the response to medical adherence to newly diagnosed young male with coronary heart disease be identified first. This will be essential in allocation of supporting resources to the top-most priorities. The next step that the model requires in implementation plan is formation of a team to develop, evaluate and implement the practice change. This team should be made up of stakeholders in the practice change; the team may include unit managers, interdisciplinary colleagues, and the staff nurses that identified the practice questions. Therefore, a team should be formed comprising of the aforementioned persons in order to effectively implement the plan (Reed and Lawrence, 2008). The model further requires that the team that has been formed should select, critique, review, and synthesize all the available research evidence relating to the implementation plan (Titler et al, 2001). In an event that the evidence is not sufficient, the team can make recommendations using lower evidence levels or by conducting additional research. If the evidence is adequate, then the practice can be initiated. After ascertaining this aspect, the team involved in this implementation plan should pilot the practice change in a bid to determine the effectiveness and feasibility. If the results of the pilot projects are positive, the team should facilitate integration and roll-out of the practice through continuous monitoring of outcomes, education, and leadership support. Thereafter, the Iowa Model requires that the reports of the projects to be shared outside and within the organization through publications and presentations. The model emphasizes on this step as it is important in supporting the

Different forms of healing Essay Example | Topics and Well Written Essays - 1000 words

Different forms of healing - Essay Example This research will begin with the statement that healing refers to the restoration of well-being after a state of dysfunction of the mind and body. This may occur spontaneously or over time and is subject to many different factors. These factors help to create a difference of perspective and approach to different kinds of healing. People, therefore, tend to adopt the form of healing that works best for them. This may make all them skeptical of all the other forms, but that belittling is unnecessary. One thing that all do agree in the concept of healing is the occurrence of a state of dysfunction and the subsequent attempt to remedy it. Medical healing is the newest form of healing. It involves the evaluation of a disease state of the body, and this process occurs under the watchful eye a trained physician. The physician makes an attempt of examining the signs and symptoms presented by the ailing individual. An intelligent guess follows, and a series of tests have to be done to rule o ut most of the possibilities. This aims at increasing the chances of a correct diagnosis. Since most disease conditions are elaborate from extensive study, the remedy or relevant management for a correctly diagnosed condition is always at hand. This is the mainstream form of healing that now renders the other entire forms alternative. Energy healing is a form of an alternative process of restoration to full function. Those who prefer this form of healing are rather conservative and not ready to embrace contemporary medicine. Individuals for this form of healing argue that physical pain is only a symptom of a complex or a greater imbalance. These may or may not have its causative origin within the physical body (Sternberg, 2009). Modalities of Energy Healing Energy healing has found vast application today as a form of complementary or alternative form of healing. The few forms described above give a basic concept that energy-healing modalities only differ in scope and method of delivery, whether hands-on, hands-off or even distant. The most common of these methods include Acupuncture, Reiki, Aromatherapy, Yoga, Applied Kinesiology and Hypnotherapy. However, they all tend to agree that in all these methods, an individual has to be viewed in totality and not just as a sum of his or her body parts as seen in contemporary medicine. Energy healing comes in many forms. The four principal forms can be elucidated. Pranic Healing Pranic healing is one of the highly evolved forms of energy healing. It was developed by Master Choa Kok Sui. It is a relatively cheap yet effective method of energy healing. This has a fundamental basis that is, the conviction that the body is a self-repairing living unit. This argument gives the body the ability to heal itself using the readily available prana. Prana, as explained by Master Choa, is an invisible life force or bioenergy that keeps the body alive. This bioenergy is available from the sun, air and even the ground. This form of healing is popular among people who are skeptical to contact healing. This is because it involves no contact whatsoever between the practitioner and the ailing individual or client. It suggests that the practitioner works on the bio-plasmic body and not directly on the physical body. The bio-plasmic body is the aura that as argued, tends to surround and interpenetrate the physical body. It sustains the physical body and affects emotions, how people cope with stress, affairs and even finances. Pranic healing views ailments as energetic disruptions in the aura that later manifest as physical problems and, therefore, can be reversed by manipulating the said aura (Sternberg, 2009).