The House of Bishops of The Episcopal Church met in retreat at Kanuga Conference Center, Hendersonville, North Carolina. At their March 15 business meeting, they adopted the following Mind of the House Resolution and received a statement from the Bishops’ Spouses Planning Group which follows the bishops’ statement.Bishops gathered at the Spring 2019 meeting of the House of Bishops are aggrieved and distressed by the Archbishop of Canterbury’s decision to exclude same sex spouses of bishops from participating in the Lambeth Conference, 2020. We appreciate that all of our bishops diocesan, suffragan, and assistant have been invited, and are concerned by the use of exclusion as a means of building communion.At this time, the majority of bishops invited plan to attend the conference. Through our presence we will participate fully in the program of the conference, as well as seek to further the conversation around the various cultural expressions of marriage. We intend to build relationships and missional partnerships that will be inclusive vehicles for building communion across the Anglican world in all its beautiful diversity. We will seek to reflect our varied understandings of marriage, as well as our profound commitment to the dignity of all human beings, including the human rights of LGBTQ+ persons.This week we have been in prayer and reflection on the Way of Love and how we as The Episcopal Church make that witness to the world as disciples of our Lord Jesus Christ. We affirm that all persons have been named by God as beloved and we commit to living more deeply into that truth.A STATEMENT FROM THE BISHOPS’ SPOUSES PLANNING GROUPWe join our voices with those in The Episcopal Church who have expressed their disappointment and dismay at the exclusion of same gender spouses from the invitation to Lambeth Conference. We especially stand with our fellow spouse, Becki Sander, spouse of Bishop Mary Glasspool, who is one of the spouses being excluded.The Archbishop of Canterbury has stated that the theme of this Lambeth Conference is “God’s Church for God’s World: Walking, Listening, and Witnessing Together”. The spouse community understands that the Anglican Communion is not of one mind with regard to marriage, and that, in the life of the Communion, this is a complex issue. Exclusion of same gender spouses, however, seems like a simplistic reaction to this complex issue. It saddens us that all are not welcome to walk, listen, and witness with us, and that all voices will not be heard at this gathering.As Christians, we strive to live out our Baptismal Covenant and respect the dignity of every human being. A faithful expression of that Baptismal Covenant would be including same gender spouses to walk, listen, and witness with us at Lambeth. The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Cathedral Dean Boise, ID Priest-in-Charge Lebanon, OH Priest Associate or Director of Adult Ministries Greenville, SC Rector Hopkinsville, KY Rector/Priest in Charge (PT) Lisbon, ME Submit an Event Listing Featured Jobs & Calls Featured Events Assistant/Associate Priest Scottsdale, AZ TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Canon for Family Ministry Jackson, MS Bishop Diocesan Springfield, IL Episcopal House of Bishops March 2019: The Bishops’ Mind of the House Resolution on Lambeth and a statement from the Bishops’ Spouses Planning Group Curate (Associate & Priest-in-Charge) Traverse City, MI Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group New Berrigan Book With Episcopal Roots Cascade Books Posted Mar 15, 2019 Family Ministry Coordinator Baton Rouge, LA Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Rector Washington, DC Curate Diocese of Nebraska Submit a Job Listing Rector (FT or PT) Indian River, MI Missioner for Disaster Resilience Sacramento, CA Associate Rector Columbus, GA Course Director Jerusalem, Israel Lambeth Conference, Rector Smithfield, NC House of Bishops, Same-Sex Marriage Rector Shreveport, LA Rector Belleville, IL Associate Rector for Family Ministries Anchorage, AK Assistant/Associate Rector Washington, DC Rector and Chaplain Eugene, OR Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Director of Administration & Finance Atlanta, GA Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Rector Martinsville, VA Submit a Press Release Associate Priest for Pastoral Care New York, NY Rector Albany, NY Press Release Service Youth Minister Lorton, VA Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Rector Collierville, TN Assistant/Associate Rector Morristown, NJ Rector Pittsburgh, PA Rector Bath, NC Rector Tampa, FL Rector Knoxville, TN Director of Music Morristown, NJ Tags House of Bishops Spring 2019, This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16
The U.S. Senate voted 51-50 on March 30 to overturn an Obama administrative rule not allowing states to defund Planned Parenthood payments for Title X patients. The House passed the same resolution in February, so it now goes to the Misogynist in Chief to be signed into law.Collateral damage in this totally biased vote is 4 million poor women who rely on Title X of the Public Health Service Act for comprehensive family planning — which covers contraceptives but not abortion — and related preventive health services. Government payment for abortions for low-income women has been outlawed since 1976 by the Hyde Amendment.Title X was passed by the Nixon administration in 1970, when politicians recognized the basic health care rights of low-income families or uninsured people, including those not eligible for Medicaid. They were aware of the connection between sex and science. They saw the need to make family planning accessible to poor families as part of their agenda to cut welfare payments for children.Passing this resolution means that if states choose to defund Planned Parenthood as a service provider for Title X patients — 11 states already have such laws — that poor women, mostly young women of color (59 percent) and immigrants, often in rural areas of the Midwest and South, will have to search for new providers or go without vital health care.Planned Parenthood serves a third of Title X patients, using $70 million a year in family planning grants to provide birth control and sexually transmitted infection and cancer screenings. The organization is singled out because it provides abortions for 3 percent of its millions of patients through more than 650 clinics nationwide.Statistics from 2014 (the last year the Guttmacher Institute issued them) show that Title X averted nearly a million unintended pregnancies, 326,000 abortions and 166,000 teen pregnancies. Without Title X funding, teen pregnancy would have been 30 percent higher; unintended pregnancies would been 33 percent higher.A March 2016 Guttmacher report attributed the decline in abortions between 2008 and 2011 to limiting unintended pregnancy through more contraceptive use rather than state restrictions on abortion. It concludes: “Supporting and expanding women’s access to contraceptive services leads to lower incidence of abortion.”But today’s predominantly male lawmakers consciously ignore the basic connection between contraception and unintended pregnancies. Added to their overriding hatred of legal, safe, accessible abortion is their contempt for and lack of compassion for all women, let alone the extra-heavy burden that poor women carry as they struggle to care for their families. By depriving poor women of easy access to contraception, this ill-advised bill will only drive desperate women to seek abortions.Though the Republican Party lost a major opportunity to defund Planned Parenthood directly when the reactionary American Health Care Act self-destructed at the end of March, the April 2 New York Times reported that it has two more chances: attaching a defunding provision to a bill financing government operations for the rest of the year or adding one to a tax reform bill.Vice President Mike Pence has played a significant role in the crusade to defund Planned Parenthood going back to his days in Congress when he was the first to introduce such a bill in 2007. He cast the deciding vote on March 30, when 48 Democrats were joined by two Republican women in a 50-50 tie. One senator noted ironically that Pence had not gotten the message after attending a “women’s empowerment” forum prior to the vote.But the real irony about “women’s empowerment” was noted by British columnist Sarah Ditum in her comment on Trump’s speech at the forum: “I don’t know what that expression [women’s empowerment] means [since it] apparently no longer entails giving women any power, including the power to decide whether they want to be pregnant or not.” (independent.co.uk, March 30)In an act of desperation in early March, Trump offered Planned Parenthood a deal: Stop performing abortions and keep receiving $550 million in federal funding. The answer was a resounding “No deal!”Indictments for anti-Planned Parenthood videoMeanwhile, two days before the Senate vote, the people who deliberately created a maliciously deceptive video about Planned Parenthood — David Daleiden and Sandra Merritt of the bogus Center for Medical Progress — were indicted March 28 by the state of California on 15 felony counts. They are charged with “violating the privacy of health-care providers by recording confidential information without their consent” by using false identities in the state to conduct “interviews” about donating fetal tissue for medical research.Their 2015 smear video was instrumental in initiating the national witch hunt against Planned Parenthood, which bolstered the demand for defunding by charging the organization with “selling baby parts.” Although several states initially investigated the organization on such charges, no evidence was found to substantiate the claims. In a clear repudiation of the video, the lawsuit calls CMP “a complex criminal enterprise conceived and executed by anti-abortion extremists.”Validated by two recent global marches involving millions of women and their supporters demanding women’s rights, the struggle for quality, comprehensive health care for all women continues in the U.S. As Nancy Northrup, president and CEO of the Center for Reproductive Rights, noted after the Title X vote, “[Women’s] health and rights should never be up for debate.” (March 30)FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Pinterest A Sunday night event honored local arts volunteers in Odessa. A Sunday night event honored local arts volunteers in Odessa. ECISD undergoing ‘equity audit’ Previous articleGUEST VIEW: If you quit, you won’t feel good about anythingNext articleSULLUM: Handing out pamphlets is not a crime admin RELATED ARTICLESMORE FROM AUTHOR Twitter Local News Volunteers recognized at annual gala Twitter Fruit Salad to Die ForHawaiian Roll Ham SlidersCreamy Fruit SaladPowered By 10 Sec Mama’s Deviled Eggs NextStay 1 of 2 “These awards embody the spirit of our dedicated friend,” Ham said before the crowd. “We can think of no better way to honor his memory than with the Volunteer of the Year Awards.”The awards ceremony was underwritten by Sondra and Toby Eoff. In all, 17 community volunteers from nonprofits ranging from West Texas Public Radio to the Permian Playhouse walked away with honors as volunteers.“I’ve volunteered for many years in Odessa and it is always special to get recognition for the work you do,” said Liz Roberson, a Volunteer of the Year Honoree from the Ellen Noël Art Museum. “I think the way they have done it this year with such a nice event makes it even more meaningful. We feel more special.”The event also honored former Odessa Mayor Lorraine Perryman, who received the Friend of the Arts award.“I am so honored and so surprised,” Perryman said. “It’s been a pleasure for me to love the arts, be involved in the arts and be inspired by the arts.”In her acceptance speech, Perryman credited her mother for her love of the arts. Nancy Chambers was one of the founders of the Globe Theater of the Great Southwest.“I was inspired by my mother, and I know she is smiling down right now knowing I continue the dedication that she instilled in me,” Perryman said.Live music and dancing kept the event going well into the night, with décor provided by Black Tulip Design.“We need to grow this every year in Odessa so we continue to become a community that expects and loves art,” Perryman said.Volunteer of the Year Honorees: Peggy Caddell, Jane Boles, Lindi Bridges, Kaylee Cochran, John Dzubinski, Monica Gallivan, Mark Germer, Shawna John-Garcia, Marc Kondrup, Susan Leshnower, Dr. Antonio Moreno, Liliana Marquez, Deisy Olivares, Liz Roberson, Loretta Walker, Eric Baker and Brenda Garner. Former Odessa Mayor Lorraine Perryman was honored for her dedication to the arts. WhatsApp OC employee of the year always learning Facebook Pinterest WhatsApp 2021 SCHOOL HONORS: Permian High School Facebook By admin – April 24, 2018 Home Local News Volunteers recognized at annual gala Odessa Arts kicked off its annual Mark Tenniswood Volunteer of the Year gala in style with a Black and White Ball on Sunday at the MCM Eleganté Hotel. The black ties, bowties, music and dancing didn’t disappoint alongside a special ceremony to recognize volunteers across the city.More than 200 people turned out for the event, which raised money for the Odessa Spire public art project, a renovation of the old Cloth World Sign off Eighth Street.“Odessa Arts is very happy to be able to honor so many volunteers this year,” said Odessa Arts Executive Director Randy Ham. “It speaks to the dedication and passion each volunteer has for our community.”Ham was emotional when referencing the namesake of the event — prominent arts advocate and local theater director Mark Tenniswood. Tenniswood died in a 2016 car crash.
Print This Post Tagged with: Bank of New York Mellon Citi FDIC U.S. Bank Opened and Closed . . . And Opened Again A handful of banks may find themselves in court again in the near future, as a federal judge has given the Federal Deposit Insurance Corporation (FDIC) the go-ahead to attempt to reopen a case previously dismissed at the end of last September if it could prove it still had legal standing to sue.U.S. District Judge Andrew Carter issued a statement on Tuesday informing the FDIC it could petition the court to reopen cases against Citigroup Inc, Bank of New York Mellon Corp, and U.S. Bancorp as an attempt to recoup losses on mortgage debt amounting to more than $695 million.The FDIC, in the past lawsuit, accused the banks of not monitoring the underwriting and servicing of mortgage-backed securities owned by Austin-based Guaranty Bank, which closed its doors in 2009. The securities in question were issued between 2005 and 2007, and added up to $2.7 billion. The FDIC thinks the bank’s failure will cost the deposit insurance fund $3 billion. Judge Carter gave the FDIC 90 days to file their petition.Last September, Judge Carter dismissed the case on the grounds that legal claims were transferred with the bonds when they were purchased in March 2010 via a resecuritization transaction, even though the FDIC argued they claim for was a personal matter. Judge Carter has since amended his ruling.Neither the FDIC, or any of the banks in question have commented on the Judge’s ruling.For more information, the cases in the U.S. District Court, Southern District of New York are listed as the following: FDIC v. The Bank of New York Mellon, No. 15-06560; FDIC v. U.S. Bank NA, No. 15-06570; and FDIC v. Citibank NA, No. 15-06574. Data Provider Black Knight to Acquire Top of Mind 2 days ago Bank of New York Mellon Citi FDIC U.S. Bank 2017-07-11 Joey Pizzolato Joey Pizzolato is the Online Editor of DS News and MReport. He is a graduate of Spalding University, where he holds a holds an MFA in Writing as well as DePaul University, where he received a B.A. in English. His fiction and nonfiction have been published in a variety of print and online journals and magazines. To contact Pizzolato, email [email protected] Subscribe Servicers Navigate the Post-Pandemic World 2 days ago in Daily Dose, Featured The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Related Articles July 11, 2017 1,382 Views Home / Daily Dose / Opened and Closed . . . And Opened Again Share Save The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago About Author: Joey Pizzolato Previous: Is Your State in the Summer’s Top Hottest Markets? Next: Finishing Strong Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days ago
75 positive cases of Covid confirmed in North Google+ By admin – July 8, 2015 Facebook Facebook Homepage BannerNews Previous articleMac Lochlainn says community festivals and sports events should not have to pay for policingNext articleDail told GSOC must introduce new communication protocols admin RELATED ARTICLESMORE FROM AUTHOR Pinterest Google+ WhatsApp 365 additional cases of Covid-19 in Republic DACC to meet with Department of Health to discuss Breast Cancer Service Pinterest Man arrested on suspicion of drugs and criminal property offences in Derry WhatsApp Twitter Betty Holmes INDMembers of Donegal Action for Cancer Care are to meet with representatives from the Department of Health again next month.In February it was confirmed that a general surgeon would be appointed at Letterkenny General Hospital within four months.A commitment was also been given that two locum GP’s would be appointed to support the breast unit.Those four months have now passed, and DACC are to meet again in Dublin next month to get an update.Betty Holmes is a spokesperson for Donegal Action for Cancer Care…..Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/07/bettyjuly.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Twitter Further drop in people receiving PUP in Donegal Main Evening News, Sport and Obituaries Tuesday May 25th Gardai continue to investigate Kilmacrennan fire
ColumnsA Law On ‘Spent Conviction’; An Effective Solution To Reduce Pendency Of Criminal Cases Sushil Bajaj10 March 2021 8:51 PMShare This – xSome years ago, during a conversation, the General Counsel of one of the largest Fortune 500 Companies, observed that the difference between China and India, when it came to the Legal Process was, that in China you could never expect to get an order against a Chinese Party and in India, you could rarely expect to get a final order. The General Counsel was merely voicing an…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSome years ago, during a conversation, the General Counsel of one of the largest Fortune 500 Companies, observed that the difference between China and India, when it came to the Legal Process was, that in China you could never expect to get an order against a Chinese Party and in India, you could rarely expect to get a final order. The General Counsel was merely voicing an off-repeated complaint that the pendency of an untenably large number of cases is one of the major problems that afflicts the Legal System in India. The reasons for the pendency of such a large number of cases have long been recognised and rehashed and numerous solutions have been offered and attempted. In a 2018 Article [DPA1] by PRS Legislative Research, it was pointed out that 86% of all the pending cases were pending in the Sub-ordinate Courts, and of these 81% cases were Criminal cases and only 19% are Civil Cases. The AIR Manual contains all Statutes currently in force and when complete, the series is likely to have more than 50 Volumes. A glance through just Volume 1 shows that 18 of the 43 statues mentioned in it provide for Criminal Prosecutions and penalties. Of these 5 statutes create offences which provide for imprisonment of more than 3 years while the remaining 13 contemplate offences that are punishable with a maximum of three years imprisonment and a fine or in the alternative, only a fine. Indeed, this is true of the vast majority of statutes that impose criminal liabilities. The statutes that impose more serious penalties are relatively few. Thirty years ago criminal lawyers could spend their entire careers defending prosecutions under The Indian Penal Code,1860, alone. Today Criminal Lawyers can now spend their entire careers without defending a single case under that statute. The last three decades have seen the enactment of numerous statutes that make culpable, acts of omission rather than commission and it is this, in part, that has led to a striking increase in the number of criminal prosecutions. As an example, even a small Company is today required to ensure compliance with dozens of statutes and the consequences of a failure to do so is for the Company and one or more of its Officers to face Criminal Prosecutions. The liability imposed by these statutes is strict and, as such, the intention to commit the offence, an integral part of traditional criminal offences, is not necessary for a conviction. Many of these statutes only impose a monetary penalty in the form of a fine but the imposition of fine is nonetheless a criminal conviction. A criminal conviction, in most societies, has many consequences, apart from the stigma attached to such a conviction. In the Public Sector, a person convicted of a criminal offence cannot expect to be appointed to Government Service and a similar disability may attach to a person seeking employment in the private sector. A person convicted of a criminal offence may have difficulty applying for a passport or getting a visa or financial facilities. In addition, the stigma of a criminal conviction is both mental and actual and can arguably be a hurdle to true rehabilitation. Besides, those who have faced a criminal prosecution know that oft-times, the process is also a penalty. Thus a convicted accused not only suffers this arduous process but also whatever sentence may be imposed. These consequences of a criminal conviction necessarily mean that unlike many other jurisdictions, there is in India, a dis-incentive [DPA2] to pleading guilty to an offence, because the consequences far exceed the statutorily stipulated penalty. It is in this background that it appears appropriate for the legislature to consider making a real and genuine statutory distinction between offences of moral turpitude and those lacking that element, so as to enable them to be treated differently. Numerous statutes use the phrase ‘moral turpitude’ but the phrase has found definition in only a handful of judgements. The approach of the legislature thus far appears to have been that we know the mischief when we see it without needing to describe it. In The State Bank of India Versus P.Soupramaniane (Civil Appeal No. 7011 of 2009) , the Supreme Court of India, observed that acts which disclosed depravity and wickedness of character could be categorized as offences involving moral turpitude and added the proviso that whether an offence involved moral turpitude or not would depend on the facts and circumstances of the case. In this Judgement the Supreme Court further approved the test laid down by the Allahabad High Court in Mangali Versus Chhakki Lal And Others (AIR 1963 All 527) as being (1) whether the act leading to a conviction was such as could shock the moral conscience or society in general, (2) whether the motive which led to the act was a base one and (3) whether on account of the act having been committed the perpetrator could be considered to be of a depraved character or a person who was to be looked down upon by the society. By this yardstick, the vast majority of offences which are attended with criminal consequences are not offences of moral turpitude and should, as such, surely be treated differently from those involving baser [DPA3] conduct or motive. It could be argued that the legislature has already taken note of this by prescribing punishment for the offences not involving moral turpitude with a lesser sentence. What is being suggested here is that it may now be appropriate to go further along this path. Section 12 of ‘The Probation of Offenders Act, 1958’ provides that an individual, who having been convicted, is deemed to be entitled to the benefit of probation, shall not suffer any disqualification as a consequence of the conviction. This provision is unique in our Law; however, in practice, the grant of Probation is limited to a handful of cases and does not discourage an accused to undergo a full trial. On the other hand, while the introduction of the concept of Plea Bargaining by way of the newly inserted Chapter XXIA in The Code of Criminal Procedure, 1973 in 2006, encourages the accused, it does nothing to diminish the disqualifications that may attach to a criminal conviction. It is, in this context that the jurisprudence of a spent conviction is especially valuable. Of course, this needs, in the longer run, to be coupled with a more defined sentencing policy and greater sentencing options such as community service, a direction to execute ‘good behaviour bond’, conditional discharges, suspended sentences, intermittent sentences, and conditional sentences being available to the Courts. Many countries have long recognised and introduced the concept of a ‘spent’ conviction but this concept is largely alien to Indian Jurisprudence. What is a ‘spent conviction’? In essence, it is a modality by which, after the passage of a specified period of time, the stigma and disqualification, if any, attaching to a criminal conviction, is deemed to be wiped out because the conviction itself, is deemed to be wiped out. After the passage of that specified time, which is different for different offences, the convict can legally answer the question by any authority , “Have you been convicted of a criminal offence?, in the negative. In the United Kingdom this Law is codified under ‘The Rehabilitation of Offenders Act, 1974’ and in Australia, the Commonwealth Spent Convictions Scheme,1990 serves the same purpose. Under the Scheme in Australia, the States have enacted their various legislations, one example being the Spent Convictions Act,2000 applicable to the Australian Capital Territory. Other countries such as South Africa, New Zealand, Ireland, Spain, Sweden and France also have different laws and processes designed to meet the same object. Most jurisdictions having spent conviction legislation do not allow the benefit of the law to extend to offences of moral turpitude and that is probably, as it should be. However, with respect to offences of omission and offences punishable with sentences of less than three years, the introduction of such a scheme would not only promote rehabilitation but would encourage an acknowledgement of guilt at the very outset, especially if coupled with a more dynamic sentencing regime. This is because the plea of guilt and the criminal conviction would not be tantamount to having the albatross of a conviction hanging around the Accused’s neck forever, thereby affecting potential employment prospects, access to financial facilities and restrictions on travel. Whereas the statistics to support this hypothesis are not readily available, it is believed that more accused plead not guilty and claim trial for the offences charged in India than in most Common Law jurisdictions. Practical experience suggests that this is not only because of the prospect of incarceration but also because of stigma attached to a criminal conviction and also for fear of the disqualifications attached to the conviction, which disqualifications do not have an expiry date. A ‘spent conviction’ legislation, especially in cases where there is no criminal intention motivating the offence, is not only in the interests of society at large but would also serve to encourage individuals to acknowledge their guilt and ease the pressure of contested litigation. This coupled with a more flexible sentencing policy could alter the landscape of criminal litigation, very substantially. Section 468 of The Code of Criminal Procedure,1973 provides a bar to the taking of cognizance of certain offences beyond a certain specified period. The periods of limitation prescribed are six months if the offence is punishable with a fine only; one year if the offence is punishable with imprisonment for a term not exceeding one year and three years if the offence is punishable with imprisonment exceeding one year but not exceeding three years. This, it seems would be a workable guideline for ‘spent convictions’ too, with a sentence of fine being treated as spent after six months, a sentence of up to one year’s imprisonment being treated as ‘spent’ after the passage of one year from the conclusion of the sentence and a sentence of between one year and three years being treated as spent after a like period of the conclusion of the sentence. As already stated the benefit of this Law would not be available for offences classified as offences involving moral turpitude or if the Accused commits a like offence during the period contemplated for the wiping out of the conviction. In some ways, this proposal is more liberal than that in force in other countries but then again, our pendency and challenges are also different from those faced by those countries. A multi-national corporation’s CEO in India was prosecuted for failing to maintain a statutory register in the manner prescribed in the applicable statute. The offence was punishable with a maximum of a 5000/- Rupees fine. However, the prosecution was contested over many court hearings and many years because the concerned CEO did not want to live with the stigma of a criminal conviction and repeatedly having to narrate the circumstances in which he came to be convicted. This example is not an isolated one. Our Courts are flooded with too many cases like this. There is too much serious crime in India but too much of our resources are spent and wasted on dealing with relatively non-serious crime. The introduction of a legislation that treats serious and non-serious crime differently is the need of the hour. The introduction of the concept of spent convictions may be a timely step forward in putting the volume of criminal litigation in perspective and in directing resources where they are more urgently needed Click Hear To Download/Read Spent Convictions Act ,2000Click Hear To Dwnload Read Rehabilitation Of Offenders Act,1974 Views are PersonalThe Author is a Barrister and Lawyer Practising at New DelhiSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Previous Article Next Article Businesses and trade unions are being urged to work together to put intoplace more effective anti-drug policies in the workplace. The Government initiative is tied into work already under way by the HSE toestablish the scale and impact of drug misuse on health and safety at work. Keith Hellawell, the Government’s anti-drugs “tsar”, told anemployers’ conference in February, “An effective policy can’t just beinstigated by management. It needs to be a consensus between unions, workforceand management. “We want to encourage an approach which offers support, encouragementand counselling to those who are misusing drugs.” But Graham Johnson, professional development manager at MTL Medical Serviceswarned against a knee-jerk reaction. Businesses needed to be sure they had thought through why they wanted ananti-drugs policy. “The policy needs to be evidence-based. Businesses needto be advised correctly,” he said. www.cabinet-office.gov.uk/anti-drugs Comments are closed. Related posts:No related photos. Joint initiative call over drugs at work issuesOn 1 Apr 2001 in Personnel Today
Communications staff lack crucial HR skillsOn 17 Jul 2001 in Personnel Today Related posts:No related photos. Few internal communications specialists have an HR background or relevantqualifications. The finding, in a report by Business Intelligence, shows that only 10 percent have HR experience and only 15 per cent are fully qualified with relevantprofessional qualifications. Transforming Internal Communication claims that this compares to 50 per centof overseas companies. Most people moving into the sector have joined from other professions,including 26 per cent from marketing and 22 per cent from public relations orjournalism. The study claims that internal communications staff need skills inareas other than writing, communication and research. An understanding of internal communications practice, strategic thinking andchange management are also essential skills, claims the study. Internalcommunications staff must be able to understand business and strategic issuesquickly and explain them to a wider audience. Gavin Green, director of communications for Land Rover, commented on theresearch, “Internal communications is such an involved area. Traditionallyit has been done by HR but if you are dealing with a company newspaper ormagazine I would argue that the major skills required are journalism andcommunication skills. “You do need more than those skills. You need a strategy to getemployees onside. The major factor here is that you need to understand youraudience,” said Green. Simon Lancaster, director of publishing at Business Intelligence, commented,”An internal communications strategy, tailor-made to support corporategoals and developed by skilled communication professionals, is critical tobusiness success. The research surveyed internal communication professionals in over 100public and private sector organisations. www.business-intelligence.co.uk Previous Article Next Article Comments are closed.
Studies of the otariids (fur seals and sea lions), a highly sexually dimorphic group, have provided conflicting evidence of differential maternal expenditure in male and female offspring and, thus, suggestions that they conform to predictions of investment theory are equivocal. Since the mid-1970s, a diversity of research on Antarctic fur seals (Arctocephalus gazella) including studies of their reproductive ecology, lactation energetics, and foraging behaviour have been conducted at Bird Island, South Georgia that have resulted in one of the more complete and diverse data sets for any species of otariid. These long-term data were reviewed to determine whether there was any evidence to support that differential maternal expenditure occurred in Antarctic fur seals. Most of the data examined were collected during five consecutive austral summers from 1988 through 1992 and included years in which local food resources were abundant and scarce. We were unable to detect differences in the sex ratios of pups at birth or sex-biased differences in growth rates estimated from serial data, the number of foraging trips made, the duration of attendance ashore, diving behaviour, suckling behaviour, or milk consumption in any year and in the duration of foraging trips or age at weaning in 2 of 3 years. In addition, we found no evidence of greater reproductive costs between mothers with sons or daughters relative to their reproductive performance the following year. In contrast, sex-biased differences were only found in the duration of foraging trips in 1990, the age at weaning in 1988, and consistently in growth rates estimated from cross-sectional data. We suggest that differential maternal expenditure does not occur in Antarctic fur seals because male pups probably do not gain greater benefit from additional maternal expenditure than female pups. After weaning, males experience a period of rapid juvenile growth over 3–4 years during which time body mass nearly trebles. This growth will almost certainly be dependent upon available food resources then rather than on any maternal expenditure received over the first 4 months of life and, thus, the assumptions of the Trivers and Willard hypothesis are probably invalid for Antarctic fur seals.