Wednesday, June 5, 2019
Sona Of Pnoy Essay Example for Free
Sona Of Pnoy Es takeThis is my sextupletth SONA. Once again, I face Congress and our commonwealth dress force to report on the res publica of our nation. More than quin years sp prohibit a penny passed since we put a stop to the culture of wang-wang, non totally in our streets, but in society at large since we offici every last(predicate)y took an oath to combat corruption to eradicate p overty and since the Filipino people, our bosses, learned how to hope once more than than. My bosses, this is the story of our journey along the Straight Path. Just cash in geniuss chips Friday, we inaugurated the Muntinlupa-Cavite Express behavior. This is the graduation Public-Private contributionnership project that we approved, and the first off such PPP project opened to the public under our administration. Under the front administrations It was as if the government had to implore the close sector bonnie to gain their let onicipation. Now, companies argon the one an d only(a)s ostensibly courting the government-for MCX in particular, we were paid a premium of P925 trillion just so that our private partner could pay tail the privilege of building the infrastructure we need. In fact, they argon so confident that this project forget earn them a profit, that they give tongue to the first month of toll operations at MCX is free.We micturate indeed come so far. And, in purchase order for us to appreciate just how far we apply travelled, let us recall w here(predicate) we started. When we came into major power, we found a citizenry that had grown desensitized to the many allegations of lying, cheating, and stealing in government. Those in power boasted of the country having enough classrooms. In truth classes had to be held in quaternion shifts. Students went to school sequence it was still dark, and others would go home long after the dark of night had well and unfeignedly fallen. altogether of them were left in the dark beca drop they were non accorded sufficient time in the classroom for learning. Our predecessor took pride in uninterrupted growth during her remnant SONA. Scrutinize what she express, how eer, and you would realize that a signifi keept portion of this growth was fueled by remittances from Filipinos who had lost hope in our country. As they say People were voter turnout with their feet.If I were to imitate that style of governance, I would be loath to claim a success borne of forcing my countrymen to escape our shores. As the 2004 elections approached, more than 700 cardinal pesos were allegedly utilize to buy fertilizer that was not suit equal to(p) for crops the endeavor was costly and in many instances, the sodbusters who should fuddle received the farming supplements never saw it. We ask Who was nourish by such fertilizers? Definitely neither the farmers nor their crops. Perhapsyou similarly remember the NBN-ZTE s elicitdal. We investigated this in the Senate several(prenominal)one sa id there was an attempt to bribe him. When we undertook an inquiry, this person did not want to testify he claimed executive privilege. Of course, we couldnt summon the sitting prexy-hence, the only one we could question was her henchman accused of bribery. Naturally, he denied the accusation. During those times, unconstipated children became familiar with the word of honor scam. You might withal remember Hello Garci, to which the make out was a mere I am sorry. The genuine bank accounts of the nonexistent Jose Pidal.The attempt to convene a Constitutional Assembly, so that they could stay in power for the rest of their lives. there was Executive Order 464, which tried to stifle the truth. The declaration of a State of Emergency, in order to do away with the checks and balances for Martial Law as enshrined in the 1987 Constitution. in that respect were midnight appointments. The policy k nown as Calibrated Preemptive Response, which was used against protesters. all the un iform on the level of grammar, this is wrong. How could a response come out front anything else? Its deal saying you replied to someone who never texted you. These were the headlines that greeted us e really time we had breakfast in the years forrader we came into office. The moment we assumed the presidency, we began to unearth anomaly after anomaly.In my previous SONAs, I crap already mentioned some of them In the content Food Authority, they al pocket-sizeed the debt to bloat from P12.3 billion pesos in 2001, to P176.8 billion in June 2010. all the same worse they continued to import rice, only to hasten it rot in w argonhouses. In PAGCOR, a billion pesos went to coffee. In the MWSS excessive bonuses, one on top of the other. For the Laguna Lake an attempt to waste over P18 billion just to play with mud. hence I could not comprehend how those behind such controversies could forgetingly benefit from the suffering of our countrymen. Every government official takes an oath to do right by our countrymen and to uphold the law. But it was edify our predecessor did precisely the opposite. We were all witnesses to the most appalling example, when 58 Filipinos were massacred in Maguindanao in November 2009. To think about committing such a crime was already heinous.To do it, which they did, was even worse. The worst offense of all Their belief that they could get away with it, because they were in power-which is why they carried out their course of studys in the first place. These are only a few examples there are many others. With this kind of situation,can we really blame our countrymen for losing sight of hope, and consequently, leaving our country? ilk you, the thought of giving up had crossed my mind. When my mother died, my confidence diminished further our familys leader and inspiration to pursue change was gone. At her wake, someone approached me and suggested that I run for the presidency.My immediate response I am not a masochist. I was one of the people calling for an end to impunity and wrongdoing I soundless just how dire the situation was. I was also certain they had deliberately hidden details from us, and the real problems were well-favoredger than what we knew. When you called me to serve, my question was If I am otiose to solve these problems quickly, how long give it take before my bosses lose their patience, and instead direct all their anger at me? One of those who convinced me to run was Alex Lacson. He said To simply put an end to all the abuse would suffice. To stop the hemorrhaging would be enough. let us pick up to himTranslated transcript of Testimonial of Alex LacsonIn 2008, our country was ranked by the World Bank as one of the most corrupt in the world. Our self-confidence and morale as a people was very low. At the time, many of my friends and I were looking for a ripe man, not just a good politician to be our president in 2010. Then, President Cory passed away, and Senator Noynoy spoke at her f uneral. That is when we truly saw him. My friends encouraged me to lead the public call to urge Senator Noynoy to run for president. My friends and I went to the house of Senator Noynoy in Times Street.We brought a yellow drum and we encouraged the public to write letters. Within 24 hours there was an outpouring of public support for Senator Noynoy to run for public office. I did not expect him to be superman and solve all our problems in the country we expected him only to begin reform. Mr. President, thank you for heeding the call of the people in 2010, and thank you, too, for respecting my beliefs, even as we disagreed on a fleck of issues. Mr. President, continue to lead our country on the right path. ApplauseFrom the start, we already knew that corruption was the root of all our peoples suffering. Thus, our battlecry where there is no corruption, there will be no poverty. Tremendous perseverance, courage, political will, andfaith in God and in our fellowmen were needed in orde r to perch life into this ideal. Of course, the masterminds of the old system were not meek lambs, willing to see the end of their opportunity to take advantage of others. They used, and continue to use, their influence and wealth to fight our agenda of change. They also used their power to prepare life preservers for when the time of judgment came. The Ombudsman who should have been appoint to guard against corruption allegedly played cunning to all the scandals of the past administration. She was imp severallyed in the House of Representatives, and resigned from her post before she could be tried in the Senate. The Chief Justice who calculateed to have a bias for the one who appointed him, was proven to have hidden wealth and properties not disclosed in his SALN. He was impeached in the House and convicted in the Senate.To stand in them, we appointed men and women with integrity and independent minds. The new Ombudsman Conchita Carpio-Morales. The new Chief Justice Ma. Lourde s Sereno. Now, she has sufficient time to implement reform in the Judiciary. Applause Even in other agencies, we appointed honest and fearless leaders. We immediately placed Ch disperseperson Grace Pulido-Tan in the COA. In the Executive, we likewise appointed uncompromising persons Commissioner Kim Henares in the BIR and monument Leila de Lima applause in the Department of Justice. They did not spinal column down from any challenge in fulfilling their mandates. To all of you, I give my heartfelt thanks. Whether in the top, middle, or bottom of the bureaucracy, so many have been suspended, removed from their positions, made accountable by cases filed against them, or even imprisoned.If there is anyone who still doubts that justice is blind in the Philippines, it would be beat out if they turned their attention to the three senators currently detained, or to a former president still under hospital arrest. There are some who say we should move on. Personally, I believe in what G eorge Santayana said Those who forget the mistakes of the past are condemned to repeat it. Just take a look at the actions of those who have wronged us. They will first ready to en convinced(predicate) we forget what they have done. After this, they will say, Have pity on us. They already took advantage of us now they are trying to take advantage of the Filipinos innate penchant for forgiveness, in order to escape account world power. The next step they will find a way to return to power. Isnt that their master plan-so that they can continue to take advantage ofus?I learned from my parents, from the church, and from the processes of our laws Whatever reconciliation must come from the confession and penance of those who have committed wrong. Can you remember an instance in which anyone said, Im sorry I stole from you and abused you I am ready to change? For my part We can only move on once justice has been attained. Applause We continued to reform our institutions, in order to refoc us them to struggleds their true mandates. For example Government possess and Controlled Corporations. Appointees to GOCCs swore to safeguard our peoples money. The sad fact is, even when the GOCCs were mired in debt, they showered themselves with benefits and incentives left and right. If we liken their institutions to cattle, theyd just as soon butcher the cow for meat, even as they milk it. This is why in the past administration, dividends poised over nine and a half years only falled to P84.18 billion.Under our administration the tour of GOCCs has already been reduced by shutting down those deemed irrelevant, and yet because of improved management the dividends we have collected in the louvre years we have been in office have now reached P131.86 billion. Applause It isnt unlikely that, before we step down from office, we will be able to double the dividends collected by our predecessor who had much more time to accumulate these funds. Applause This is the same commitment w e have shown in the BIR, which is the biggest revenue-generating agency of the government. When we stepped in, the highest collection on record was in 2008, at P778.6 billion. We surpassed this by leaps and bounds. In 2012, the BIR collected P1.06 trillion-the first time in our history we have breached the 1 trillion mark for collections. Applause Last year, the number went up to P1.3 trillion this 2015, we will collect up to P1.5 trillion. ApplauseWe only needed five years to match, surpass, and almost double our predecessors record high-and we did this without imposing new levyes, as promised, apart from Sin Tax Reform. Applause How did we do this? It was simple. I believe that Commissioner Kim Henares is a kind person, but those against whom she filed cases might have a different opinion. Commissioner Kim Henares spared no tax evader. Applause 380 cases have already been filed against those who attempted to evade taxes. She also made the system for tax payment more efficient, an d made clear to everyone their civic duty to contribute to the development of our country. For the National Budget under the previous administration, thebudget was always reenacted, whether partially or fully. In 2007, for example, it was almost April when the General Appropriations Act (GAA) was approved. It was already worrying that projects that had been completed received funding once more.Even worse Even the Maintenance and Other Operating Expenses, including salaries, were included in this reenacted budget. What this means funds were allotted again for salaries-even if all had already received what was receivable them for the first three months of 2007. I wonder Where did the excess funds that were allotted and requested for go? What we have proven if the Executive proposes a reasonable budget, the negotiation with the members of Congress will go smoothly. The faster the GAA is passed, the quicker services will reach our countrymen, and the sooner will we be able to alleviat e their suffering. The message was clear We are serious about change the playing field is level. The result Confidence in our economy. When we began, I did not think that we would immediately win back the global communitys confidence in the Philippines. I only thought of fixing the crooked system to prevent our people from sinking heavyer into poverty.let me ask you Did it ever occur to you that we would continue rising in global competitiveness rankings, and that we would be recognized for the speed with which our economy has grown? In fact, the Philippines is now being called Asias acclivitous Tiger, Asias Rising Star, and Asias Bright Spot. Applause Now, for the first time in history, we are unanimously deemed investment funds grade by the most prominent credit rating agencies. This is a signal to businessmen that it is worthwhile to invest in the Philippines. The risks of doing business here have decreased. Now, with lower interest rates and more flexible debt payment schedule s, more investors are finding it attractive to bet on the Philippines. Through the institution and expansion of businesses, commerce becomes more lively, competition streng therefores, and even more opportunities are created. All this has been a direct result of reforms we made along the Straight Path. Applause Just look back in 2010, net foreign direct investment in our country was at $1.07 billion. In 2014, net foreign direct investments reached $6.2 billion. ApplauseThis is the highest ever preserve in our entire history. The numbers for domesticated investments are likewise awe-inspiring now, Filipinos are betting on their fellow Filipinos. Let us compare from the time this was first measured back in 2003 until 2010, theamount of approved domestic investments totaled just P1.24 trillion. Under our watch, from the third quarter of 2010 until the end of 2014, the amount invested by our countrymen in the market reached P2.09 trillion. Applause In manufacturing I admit, during my first year in office, one of the things furthest from my mind was the idea that we could reinvigorate this sector. The industry faced many challenges electricity, for one, was both expensive and unreliable. It was also no small feat to put facilities here, because of the large investment involved in buying machines and training employees. This is why, back then, we had to import even low-tech electric fans.Thanks to the reforms that have re cut ind confidence in our nation, manufacturing growth has accelerated-from 3 percentage annually between 2001 and 2009, to 8 percent from 2010 to 2014. Applause It is clear The Filipino can compete. In the past, our only selling point was low wages. Now, investors are bringing to our country factories that produce hi-tech equipment from aircraft components, electric tricycles, printers, and other digital media products, to high-quality medical devices like aortic catheters and devices for in vitro diagnostics and hemodialysis treatment. Let u s listen to a businessman who will tell us of the new business climate in the Philippines Translated transcript of Testimonial of Peter Perfecto, Makati credit line Club One of the most important things this administration has accomplished was reversing the corruption trends of the previous administration. Without the blueprint of law, the advantage went to corporations that were complicit with the systemic bribery and a faulty tax system.President Aquino has walked the talk. He has delivered on his promises. They arrested the former president, the three senators, and ousted a Chief Justice who were all once thought to be untouchable. The strong message has been sent. Because of the rule of law and the commitment to good governance this administration has made, our foreign direct investments rose from P2 billion to P6.2 billion. We have made a large leap preliminary jumping 33 places in the rankings dress out by the world Economic Forum and according to them, this is a result o f this administrations anti-corruption agenda-all because of the changes that this government has enacted. It is the responsibility of each Filipino to learn from these recent achievements and ensure that we continue moving forward with the coming administration. ApplauseWe all know that the primary measure of economic improvement for the common Filipino is the creation of jobs. Let us look at what weve achieved in this area. Every year, around 80,000 new entrants join our labor force. Now, consider the fact that there are reports of overseas Filipinos returning home. In 2011, our Department of Foreign Affairs reported that there were around 9.51 million overseas Filipinos. Based on the latest estimates in December 2014, that number went down to 9.07 million. It is reasonable to say that a good number of the estimated 400,000 Filipinos represented by that decrease came home and were able to find work. Applause despite the fact that there are new entrants, returnees, and previously unemployed Filipinos, our unemployment rate still dropped to 6.8 percent last year. This is the lowest recorded in a decade. Applause Let me be clear We created permanent jobs we did not hire an abundance of street sweepers during the period the labor survey was conducted, just to boost results.Together with creating real jobs, we are also fostering a good relationship between labor and management throughout the country. Let us compare. In the nine and a half years of the previous administration, the number of strikes that occurred were 199, or roughly 21 strikes for each year. In our five years in office, the total strikes were only 15. Applause In fact, in 2013, there was only a single strike recorded in the country. This is the lowest recorded in the history of DOLE. Applause It is because of this that we are truly impressed with Secretary Linda Baldoz and our labor and management sector. Applause To Sec. Linda you are not only efficient you are also very positive which makes you the type of colleague who is a pleasure to work with. That is why you are considered the Pastor of the Cabinet. Thank you, very much, for all your efforts, Linda. Applause The transformation has indeed been vast.Before, the signs we would always see proclaimed, No Vacancy, didnt they? Today, announcements that say, For Immediate Hiring are scattered everywhere you need only open a tidingspaper to see classified ads from many companies who are hiring. Some of them have even been getting creative with incentives. Theres this one company that says just come in for an interview and your breakfast is on them. Once youre hired, theyll cover your treat to friends and family to celebrate your new job. Some businessmen have even mentioned to me that they arefinding it difficult to hire accountants. I remember when I was younger, a lot of people were taking up BS Commerce, major in Accountancy. When I visited Bicol University, I mentioned this to their president. I had to ask Am I corre ct in the noesis that your university has an accountancy class? Their reply Yes, but even we are having trouble filling our accounting department. Why? Their president said that their students, even in their third year of college, are already being recruited by accounting and auditing firms. ApplauseThis is happening precisely because we have worked to address what is called the job-skills mismatch. In the past, so many of our countrymen were saying that they had no jobs, even when there were so many unoccupied positions listed in the PhilJob-Net website. The simple reason the skill post of our countrymen did not match what the market needed. The solution to this was also simple Talk to prospective employers and ask them what skills are demanded by the positions they are opening. Now, it is in these skills that we train Filipinos, so that they can maximize opportunities. The principle behind our strategy of governance instead of giving our countrymen fish, we will teach them how to fish. We are ensuring that the work out we have made and the opportunities that have been created can be maximized by our fellowmen. We cannot wait for the benefits of growth to trickle down to the poorest Filipinos we cannot leave it to chance, or hope for the best.Our commitment inclusive growth. The agenda assistance, knowledge, skills training, and health, to ensure that no one is left behind. One of our mechanisms the Pantawid Pamilyang Pilipino Program. We have vastly expanded the scope of this program. Now, more than 4.4 million households are feeling the benefits of this program. Applause This is super far from the 786,523 households cover by the program when we entered office. This year, 333,673 have from high school they are part of the first batch of beneficiaries under the expanded Pantawid Pamilya. 13,469 of these youth graduated with honors and a variety of awards. ApplauseIn fact, the twain beneficiaries I met were accepted into Civil Engineering, a quota cour se in the University of the Philippines. All of these beneficiaries will gain important knowledge instead of entering menial jobs once they graduate, it is almost certain that they will find jobs that will pay them a decent salary. Their income tax alone will repay the states investment, and we will be able to continue the cycle ofempowering those in need. The brighter future that awaits the honor students the program assisted is just an added bonus. Let us listen to one of those assisted by Pantawid Pamilya.Translated transcript of Testimonial of Alyannah, CCT beneficiary I work much harder now. I knew the trials my family faced because of poverty. When we were enrolled in the Conditional Cash assign program, I saw that people wanted to avail us. I knew they wanted nothing in return-but, for me, the only way I could repay their kindness was through my studies. The money we get from the government was never wasted. We were able to finance all of my school expenses. I was so happy when I got into my ambition school, the University of the Philippines. The CCT program gave me a chance to get a good bringing up, which helped me finish high school and now Im on my way to college. I know this program is on the receiving end of a lot of criticism, but I want to tell President Benigno Aquino that they need only to look at me-at us. We are produce that the money set aside by the government for this program is not a dole-out. The money goes towards a worthy pursuit, which I know one day will help uplift the entire country. ApplauseUnder Pantawid Pamilya, in exchange for assistance, the primary focus of beneficiaries must be the education of their children. This has already borne early fruit according to studies conducted by the Philippine Institute for Development Studies, in 2008, there were 2.9 million free children in the country. The years passed and our population grew, but in 2013, only 1.2 million out-of-school children remained. Let me emphasize the differ ence 1.7 million. Applause Its as if we filled around 42,500 empty classrooms with students. Of course, apart from the Pantawid Pamilya, the Alternative Learning System also helped to ensure that even endemical peoples and street children are not left behind. And yet, there are still some who ask Where are the results of Pantawid Pamilya? Our answer Oh come on. They seem to think that Pantawid Pamilya is like a magic tablet that, once taken by a child in kindergarten, turns that child into a college graduate after only a few hours. Laughter and applausePerhaps, they did not have enough time to view during their time let us help them count K to 12 lasts 13 years, while my term only lasts for six. Now we seewhos trying to deceive us. There are even some who had the guts to raise an outcry and shout There are leakages in Pantawid Pamilya. Then we discovered they used data from 2009, just to have something to criticize. Let me remind them I became President halfway through 2010 maybe you should be asking another president to explain the alleged leakage. Applause I guarantee that, when the time comes that the beneficiaries of this program are contributing to the economy, those who are criticizing it today will be falling over themselves to proclaim that they are the laminitis or mother of the expanded Pantawid Pamilya.Now, in the sector of education we are making sure that the deficits of the past are erased and the needs of the present are addressed, even as we prepare for the future. In just our first two years in office, we were able to close the backlogs we inherited of 61.7 million textbooks and 2.5 million school chairs. In 2013, the backlog of 66,800 classrooms was finally eliminated and the backlog of 145,827 teachers was likewise addressed, with the help of our LGU partners. Applause According to the estimates of DepEd, from 2010 up to 2017, the total amount of new students 4.7 million. This is because of the increase of enrollees and the implementation of the K to 12 program. In order to meet this vast increase, we need to add an estimated 118,000 classrooms to what we already have. 33,608 of these have already been constructed.This year, we are slated to construct more than 41,000 more. Funds for the remaining 43,000 classrooms have already been included in the proposed 2016 budget that we will pass tomorrow, which we hope you will approve. Applause The number of teachers we will need are estimated at 130,000. In 2014, we have already hired 29,444. This year, the total number of teachers we target to hire 39,000. The remaining 60,000 positions will be covered in the proposed 2016 budget, which we hope you will approve as well. Applause According to Bro. Armin, the sum total of the classrooms our administration has constructed and the teachers we have hired exceeds the cumulative total of classrooms built and teachers hired in the past twenty years before we came into office. We have already turned over 73.9 million textbooks tha t will be followed by an addition 88.7 million this year. In 2015 as well, 1.6 million school seats were delivered to schools, and we will add another 1.6 million before the end of the year.After eliminating the existing backlog in classrooms, we constructed or continue to construct 33,621 classrooms, whileallotting funds for the construction of 41,728 more. For teachers 39,000 are already being hired by DepEd for this school year alone. Tomorrow, we will progress the budget for 2016 included in it are funds for an additional 103.2 million textbooks, 4.4 million school seats, 43,000 classrooms, and 60,000 new teaching positions. Everyone can see we will not leave further sources of headaches for those who will succeed us. Applause Let me be clear We implemented K to 12 because it is not practical to cram learning in a 10-year basic education cycle.May I remind you, that we are one of the three countries left in the world with a 10-year basic education cycle. The credentials of our countrymen working(a) overseas are already being questioned there are also some who have been demoted because our diplomas are supposedly not proof of sufficient knowledge. If the past educational system can be likened to a mango induced to ripen under artificial circumstances now, we are ensuring that the abilities of our students are fully developed, so that they can take hold of their futures. Let us listen to a story that is proof of thisTranslated transcript of Testimonial of Rezia Joy JianoranMy father has been a jeepney driver all my life. When I was in my second year of high school, my mom suffered a stroke. I didnt ask, but I knew that they couldnt afford to burden me to college. Instead of dropping out of school, I decided to continue my studies under the K to 12 program. My chosen track of specialization was the Drafting Technology course. Part of the K to 12 program is the career immersion. I was assigned to CLP Metal, a metal fabrication company. I was tasked to desig n machines. This machine was designed to de-hair pigs. Once a pig is processed, after several seconds, it comes out without any hair. A machine like this can only be bought abroad. Because of the design by CLP, were able to come up to the budget restrictions of our customers. Im extremely proud because when you think about it how many 19-year olds can say they have designed a machine? Im proud that Im a K to 12 graduate because I can now support my family. And Im learning while Im earning. ApplauseShould these graduates choose to go into tech-voc, the programs we enhanced are already waiting for them. 7.8 million have already graduated from thedifferent courses of the Technical Vocational Education and Training overseen by TESDA. Under the Training for Work Scholarship Program alone, the number of graduates have already reached 821,962. Perhaps you are wondering what is their situation today? According to studies, 71.9 percent of graduates were able to find employment right away, c ompared to the 28.5 percent recorded before. There are even some industries breaking records for example, the employment rate for the entire semiconductors and electronics industry has already reached 91.26 percent-just a little more, and well be at 100 percent. Applause Secretary Joel Villanueva told us before of an OFW forced to return home she thought there was no hope to improve her lot in life.Then, she canvas hilot wellness massage in TESDA now, her spa already has 4 branches. In my last SONA, I also told you of a PWD who was once a barker he is now an escalation supervisor in a BPO. Applause A success story from the Sari-sari Store Training and Access to Resources Program, or STAR there was a sari-sari store owner who used to earn 800 pesos a day now, her daily earnings have reached 4,000 pesos. If you sum everything up, her earnings are more or less same to my salary, even if we do not experience the same type of stress. Laughter How did this happen? She was trained in boo kkeeping, inventory management, accounting, and other disciplines. Whats extremely impressive the STAR program even teaches students how to ensure that their profits are maximized.Let us listen to one of those who benefited from TESDAs program Translated transcript of Testimonial of Ma. Theresa Tomaro, TESDA Star Program trainee My husband and I were both unemployed when we started training with the STAR program. We were taught how to manage and grow a business. When we started our sari-sari store, it was made out of bamboo. Now, its walls are made of concrete. This not only helps us, but also our children. We are able to give them good lives. Ive been able to sell a lot of things. My income has doubled since then. Id like to thank Secretary Joel Villanueva because of their program, I was able to have the opportunity to show my ability to run my own business. ApplauseNow, on the sector of health. To many Filipinos, falling ill poses a serious challenge to the fulfillment of their dr eams. Families come up the ladder of progress, return back to zero once they are struck by illness. Not onlyare their savings emptied, they also fall deep into debt. When we came into office, only 47 million Filipinos were beneficiaries of PhilHealth. We have almost doubled this number just this past June, PhilHealth coverage has reached 89.4 million Filipinos. Applause The transformation we wrought Before, during elections, new PhilHealth beneficiaries seemed to buy in up like mushrooms. Instead of the basis for membership being the interest of Filipinos, it became manipulated to serve the electoral candidates interest. Now, we have corrected that system.There is more good news in the sector of health. In 2012, we announced If your family is part of the lowest quintile, or the poorest 20 percent of our population, and you are seeking treatment in public hospitals, then we guarantee that you will not have to pay a single centavo. Beginning in 2014, this has expanded to cover the n ext quintile of our society. This means that for the poorest 40 percent of the population, treatment in public hospitals is free. This is the care that some have called inefficient and uncaring. The only thing I have to say to them, as Aiza Seguerra said back in the day I thank you, bow. Applause Now, let us hear some of the results of the improved PhilHealth program Translated transcript of Testimonial of Danilo Espiritu, PhilHealth beneficiary I was diagnosed with quaternity clogs in the coronary area.We didnt know how we could afford the operation. The first hospital we went to said the operation would cost 300,000 pesos. At the Philippine General Hospital, it would cost 700,000 pesos. At UST hospital, they said it was 800,000 pesos. But when one of the doctors learned that my wife was covered by PhilHealth, he said our case qualified under the Z-Package, and we could push through with the operation. We just stood up then and went to fix the paperwork, and I was provided the opp ortunity to extend my life. The service I got at the hospital was comparable to that received by a private hospital patient. I wasnt considered a charity case. I was a full-fledged paying patient, and PhilHealth paid for my operation. To be honest, I didnt pay for anything. The little money that we did save, we were able to use for the post-operation expenses. Im thankful for PhilHealth and our government for implementing these kinds of projects, which genuinely help people in need. ____________________Translated transcript of Testimonial of Governor Lilia Pineda Sin Tax should have been implemented earlier its the answer to our goal of providing universal healthcare. It was a big help to the province of Pampanga in the past, the Capitol spent over 400 million pesos a year in health aid. But when the Sin Tax Law was implemented, those who needed healthcare were covered by PhilHealth. We are truly grateful to President Aquino because the project provided a huge relief for Pampanga. T he money saved was used to fund other important projects. The proceeds of the Sin Tax also went towards the construction of a comporting station, hospital renovations, and the construction of health centers. Were so thankful to the President for caring for the poor who suffer sickness. ApplauseLet us again return to the story of the past five years. We went after the corrupt and we cleaned the systems, which redounded to confidence in our markets. Businesses came into the country, opportunities expanded, all while we empowered Filipinos to gain decent employment. They patronized these businesses, which, having recognized that the playing field is level, know they can profit without having to resort to illegal activities. They then expand their operations, and employ even more people. This is a cycle justice, trust, economic growth, the creation of opportunities, progress. Boss, this is the very spirit of, Where there is no corruption, there is no poverty. Applause And we did not ju st achieve change. The transformation we are experiencing today has already exceeded the expectations we had in the beginning. The Cadastral Survey, which was started in 1913, has been completed by us.It took almost a century for those who came before us to complete 46 percent of this survey. The more than half left to be done, we finished in just five years in government. This Cadastral Survey identifies the boundaries of the land covered by each city, municipality, and province in the Philippines. In ARMM, for example, it was as if the land gave birth to more land according to the maps, there are only 1.2 million hectares belonging to the region, but if we were to add up all the lands being claimed, they would reach a total of 3.7 million hectares. Now, because we have fixed the land record system through the Cadastral Survey, no new land will be birthed in ARMM. In 2011, we conducted an inventory of sitios, and we identified those that were still without electricity.Through the S itioElectrification Program, we were able to bring light to 25,257 communities identified through this inventory. On top of this, because of the use of solar strength and other technology, even far-flung and isolated areas that would be difficult to connect to the grid already have electricity. Now, around 93 percent of sitios in the Philippines have already been energized the DOE has guaranteed that, before we step down from office, all the rest of the sitios from the 2011 tally will have electricity. Applause Now, let us watch a farmer who has benefited from our Sitio Electrification Program.Translated transcriptIt was difficult when we didnt have electricity you just had to bear with it. We could only power our homes with fuel sources. We first got electricity this July, and we were so happy when switched on the lights here at home for the very first time. We can now watch movie tapes or listen to good music. The children are now able to study at night. Im even able to work at n ight because now I can charge my spotlight during the day, and because Im more productive, I earn more. Our lives have changed for the better now that we finally have access to electricity. Were able to be more efficient-an example would be our weaving. With sewing machines, we can create more well-favored designs, which we can sell at a better price. Food processing needs equipment, which runs on electricity. Students can use the Internet for research. Electricity has brought good things to Bauko. congratulations to our President for making Bauko a better place to live in. ApplauseIn the sector of aviation, there has also been a steady stream of good news in 2013, the International Civil Aviation Organization lifted the significant safety concerns it had imposed on our country back in 2009. In the same year, the European Union allowed our flag carrier to resume its flights to Europe. The following year saw another local carrier receiving approval from the European Union, while th e US Federal Aviation Administration upgraded us to Category 1, from the Category 2 downgrade we had received in 2008. Because of these developments, incoming and outgoing flights are increasing, and it is also proper easier for tourists to move around the Philippines. Even better news just this June, the EU line of work SafetyCommittee removed its ban on all our air carriers-the first time that it has lifted its ban on the entire civil aviation sector of a country. Now, all our airlines will be able to fly directly to the United Kingdom, Italy, and other countries part of the EU.In seafaring in 2006, the European Maritime Safety Agency or EMSA was already questioning our conformation to the Standards of Training, Certification, and Watchkeeping for Seafarers. Because of this, there was a threat that the EU would no longer recognize our maritime education certificates. If we did not act, there would have been the chance that an estimated 80,000 Filipino seafarers working on Euro pean boats would be out of jobs. MARINA and the DOTC went to work quickly in order to match our maritime education certificates to global standards. To this day, the EU continues to recognize our certifications. take place EMSAs next audit, which will begin in October, MARINA guarantees We will definitely pass. Applause To Sec. Jun Abaya May you not waver in your resolve, even when it seems that some have forgotten all that you have done for our sailors, ICAOs lifting of the significant safety concerns it had imposed on our sector, the European Unions lifting of the ban on our airplanes, and the Federal Aviation Administration upgrading us to Category 1.It was also you who censor boats from setting out to see during typhoons, which helped to keep passengers away from danger. It is now rare for us to receive news about ships sinking during typhoons. All of these achievements have seemingly been cast aside, because of the complicated challenges in the public transport sector. The bi ggest example of this is the MRT. Few mention that we have partners from the private sector in this endeavor, who remember their entitlements, but seem to have forgotten their obligations. This partner of ours is supposed to be in charge of maintenance. In 2008, there should have been a general overhaul of the MRT, but upon DOTCs inspection, only token cosmetic changes were undertaken. This lack of care practically guaranteed the breakdown of our trains. Is it not in the interest of all companies to make sure that they get their moneys worth from their investment? Yet, they allowed the situation to deteriorate, to the point where, at very short notice, they just passed the job of improving the MRT onto us.When we made moves to undertake improvements, suddenly, they wanted to take back the responsibility of maintenance. However, their proffer was significantly more expensive thanhours. This would, of course, translate to added expense and aggravation for our people. We did not agree to this, and began the process of obtaining new train coaches. But because the MRTC was adamant, they were able to obtain a TRO on the procurement. That is why the MRT situation has come to this. Sec. Jun You, I, and the entire population of Metro Manila are not pleased with what is happening. The private sector relegated their responsibility to us when we made moves to provide a solution, they blocked us. It is clear that our agenda and that of the MRTC will never meet. Now, we are taking steps to buy out the corporation. Once this is fixed, the state will be the sole decisionmaker. While we are undertaking this process, we are already implementing immediate maintenance work.Bigger, more long-term solutions are also set to arrive. Next month, we can expect the delivery of the prototype for new coaches once this passes scrutiny, beginning in January, three coaches will be delivered every month until our order of 48 coaches has been completed. The process to obtain new rails is unde rway, together with the upgrading of the signaling and automatic fare collecting systems all this, we expect to be completed before we step down from office. The power supply of our trains will be upgraded before the end of 2016. There are 12 escalators that will be fixed before the end of the year, while the procurement for the rehabilitation of 34 more escalators and 32 elevators is ongoing. Let me remind everyone When it comes to these matters, we cannot take shortcuts in the processes we do not want our measures to be hampered by lawsuits left and right.There are some who say that I wear blinders, when it comes to those who have long been my companions on the Straight Path. Me? I see the good things, but I also see the bad. Am I the one with blinders? Or is it those who insist on seeing only the bad things? On our arm Forces Back in November 2010, tensions arose once more between North and South Korea there were fears that war would break out in the peninsula. We needed a plan t o evacuate the 46,000 Filipinos in South Korea, as well as the eight Filipinos in North Korea. When I asked the AFP about the assets we could use in an evacuation, they said that the Air Force has a lone C-130. The shortest duration for a round trip? 10 hours. The skill around 100 people. I made some calculations We needed to move 46,000 Filipinos away from conflict, which meant that, under the most ideal conditions, we would need 460 round trips, which would take 4,600 hours each.This is equivalentto 200 days of travel. No one can count on an old C-130 to cope with such heavy usage. If we deployed ships, each could carry 1,000 people at a time, but we would be lucky if each round trip could be completed within 10 days. Should further conflict break out, there was the chance that the entire situation would have been over by the time we evacuated of our people. We took immediate action to address these limitations. Now, from one functional C-130, we now have three at our disposal, a nd we are planning to acquire two more. There are others to accompany them The first of three C-295 medium lift transports has arrived, with the other two arriving within the year. We also expect the delivery of two more light lift transports before the end of 2015. Applause If we ever encounter another spate of problems like what happened in 2013, we are going to need more assets. When Yolanda struck, our docks were destroyed, and our ability to deliver aid was hampered. In such situations, landing craft utilities are invaluable because of their ability to dock on any shore.Now, we have increased the number of our landing craft utilities from four to ten. There is the BRP Tagbanua. By next week, two Landing Craft Heavy will arrive from Australia the turnover of these vessels was very free-hearted they even came with spare parts and generators. We plan on buying three more once all the paperwork has been put in order, the processes to procure them will begin. These vessels will red uce our dependence on the kindness of other nations we will be able to accelerate delivery to different parts of the Philippines, and more promptly lodge aid, supplies, and other heavy equipment such as bulldozers, which are needed for clearing and relief operations. Applause To better watch over our territory, we have also acquired 12 FA-50 fighters to replace our F5 fighter jets that were retired in 2005.The first two units will arrive in December, and the rest of the deliveries will be completed by 2017. We have also acquired war ships such as the BRP Gregorio del Pilar and the Ramon Alcaraz, seven of 13 AW-109 helicopters, six of eight Bell-412 helicopters, 617 troop carrier trucks, and 50,629 assault rifles. Our target is to obtain two more frigates, six Close Air Support Aircrafts, 142 armored personnel carriers, and other new items such as 49,135 units of force protection equipment, 2,884 grenade launchers, and an additional 23,622 assault rifles. Applause In total, we have completed 56 projects for modernization, and I have approved 30 more. Compare this to the 45 projects completed by the threeadministrations that came before us combined. Let us listen to one of our servicemen from the Air ForceTranslated transcript of Testimonial of Jun Perry, member of the Philippine Air Force For the record, Sir, our Air Force now has actual force. There was a joke or stigma back then that the Air Force was all air and no force. Ive only recently joined the Philippine Air Force, but I spent four years in the Philippine Military Academy, where we learned of the value of air power and air defense. During those four years, we found that the Philippine Air Force was losing its strength. But luckily the long wait is over. In December of 2012, President Aquino signed RA 10349. Now, the Philippine Air Force is receiving adequate advancement. It boosts morale. Ive heard confirmation from our Army classmates themselves. One of them even said Mistah, when I heard the sound of the chopper taking flight, I was so inspired. This is a dream that has slowly, but surely turned into a reality. ApplauseAs for our police, for the first time in our history, each of our policemen has his or her own firearm. Furthermore, to improve the capacity of our police force to shoot, scoot, and communicate, we have distributed 302 patrol jeeps, which are only part of the 2,523 that we have procured. We have also distributed 179 of 577 new utility vehicles, as well as 12,399 handheld radios. We are likewise procuring 30,136 long firearms, 3,328 investigative kits, and another 16,867 radios. Let us listen to some of our policemen, who talk about how these efforts have helped them in their work Translated transcript of Testimonial of Melvin VelasquezWhen I entered the police service in 2003, I was issued a .38 revolver. Sometimes some of the criminals we encountered were equipped with high-powered weapons. The .38 revolver paled in par to the ones used by criminals. In fact, I had to buy my own gun. It is difficult for us law enforcers when we encounter situations where we really have to risk our lives. It was a big change when all policemen were finally given their own guns. We know that we can depend on the firearms issued by the government to us. Those of us in the service dream of owning our own house and lot it was only during this administration that such a dream was realized. As alow-ranking law enforcer, I really feel the reforms instituted by our President-one of which is the value accorded to the national police. The only way we can possibly repay all these good things is by fulfilling our duties in the correct and right way-even if it means sacrificing my life.
Tuesday, June 4, 2019
Burglary of a Dwelling Conviction
Burglary of a Dwelling ConvictionMEMORANDUMTO Senior PartnerFROM AssociateRE George Bailey Burglary of a care convictionDATE July 11, 2016FEC1ISSUES PRESENTEDUnder Florida cuticle lawFEC2, acquiesceing is an element of burglary. Entering qualifies as either FEC3 carcass branch and is not secluded to the whole body. defendant tack his arm through an uncovered garage window to make a burglaryFEC4. Did defendant determine the element of go in as it pertains to the burglary statute?Under Florida statute, brood is an element of burglary. For any building to be con inclinered a care, the proportion in which it resides must throw thouFEC5. Curtilage is slightly form of confines surrounding a billet. While standing on the neighbors property, defendant burgledFEC6 a unaffectionate garage on a property that was enclose on three sides, with the fourth part side uncivil. Did Defendant meet the element of dwelling as it pertains to the burglary statute?FEC7BRIEF ANSWERSY es. Florida law defines unloading as intrusion of any body part to commit the crime. An arm fits the definition of any body part because it is part of the body and can be used to commit the crime. Therefore, an arm qualifies as an entering body part under Florida law.No. Florida law states that a property in which a dwelling resides must FEC8have curtilage, and curtilage was FEC9defined as any form of edge surrounding a property. A detached garage would not be a dwelling, if its property is not surrounded by some form of an bourn. Therefore, a detached garage on a property without curtilage would not qualify as a dwelling under Florida lawFEC10.STATEMENT OF FACTSMr. George Bailey has been convicted FEC11of burglary of a dwelling and is seeking help with his conviction. Mr. Bailey is an unemployed thirty-four year old male, who has resided at 320 Sycamore Street, Bailey Park Florida 33430 for nine years with his wife and four young children. He has been unemployed for approximate ly two yearsFEC12. Mr. Bailey seeks the help of counsel with his conviction of burglary of a dwelling. Specifically, the conviction of burglary as it pertains to Florida law.On May 27, 2016, Mr. Bailey was driving in the residential neighborhood of Pottersville looking for thrown out furniture to refurbish and resell. He came across a home with patio furniture seated out on the harbor for trash pickup,FEC13 and decided to load it onto his truck. Before getting back into his truck, he glanced around for anything else to pick up. He then saw an electric drum sander sitting on a workbench inside an open garage window of the neighbors house, Mr. Ernie Bishop. Mr. Bailey advised, that he wanted the sander because most of his tools needed to be replaced and the small sander would allow for more refinishing of furniture than sanding by run. The side of Mr. Bishops propertyFEC14where the garage is laid, is lined with a short hedged besiegeFEC15, which he thought would conceal him fro m being seen when fetching the sander. Still standing on the property of the neighbors home, he removeed over the hedge wall and into the partly open window with his arm, took the sander, and went back to his truck. Minutes later, he was stop by police and arrested for burglary of a dwelling.Mr. Bailey was arrested on May 27, 2016FEC16at approximately 835 p.m. He was booked at approximately 900 p.m. on the selfsame(prenominal) day, and was convicted of burglary of a dwelling with a $2,000.00 bond. He conviction is to be heard in drive of a judge.FEC17DISCUSSIONNFEC18Mr. George Bailey will unlikely to be convicted FEC19of burglary of a dwelling, becauseFEC20although he meets the entry and object elementsFEC21, he doeFEC22s not meet the element of dwelling because Mr. Ernie Bishops property does not have curtilage.In Florida, burglary is eFEC23ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter . . . . Fla. Stat. Ann. 810.02(1)(b)(1) (LexisNexis Effective July 1, 2016). To be convicted of burglary of a dwellingFEC24the prosecution would have to FEC25prove that Mr. Bailey meets the elements of entering, dwelling, and intent. The exceptions to the recover, are if the property was open to the public, if Mr. Bailey was a licensed professional performing work on the property, or if Mr. Bailey was a social guest invited onto the property.FEC26These exceptions were not factors in Mr. Baileys case. At the time of the burglary, Mr. Bishops property was not open to the public. It is a privately owned home located in a residential area of Pottersville. additionally, Mr. Bailey did not personally know Mr. Bishop, nor was he hired by Mr. Bishop to perform any type of professional services.Mr. Bailey meets the intent element because he testified FEC27that his intention was to take the sander without being seen. Florida la w states that proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense. Fla. Stat. Ann. 810FEC28.07(1) (LexisNexis 2016). In the Baker case, the judiciary used defendants stealthy entry FEC29as an evidentiary tool to establish the proof of intent to commit burglary. Baker v. State, 636 So. 2d 1342, 1344 (Fla. 1994). Therefore, by intending to steal the sander without anyone comprehend him, Mr. Bailey used the coverage from the hedges to sneak his arm into the garage, which provides sufficient evidence to meet the intent element. Thus, the elements at young here are entering and dwelling.Mr. Bailey meets the element of entering inside the meaning of the burglary FEC30statute because he used his arm to take the sander from the window, and using any body part establishes entry.The entering element, is defined through case law. The Court state s, FEC31the unqualified use of the word enter in a burglary statute does not confine its applicability to intrusion of the whole body just includes insertion of any part of the body or of an instrument designed to effect the contemplated crime. Polk v. State, 825 So. 2d 478, 479 (Fla. App. 2002).FEC32 see also Spearman v. State, 366 So. 2d 775FEC33(Fla. Dist. Ct. App. 1978). Therefore, the issue at hand is whether Mr. Baileys arm provides sufficient evidence to establish the element of entering.FEC34Therefore, the entering element is at ease when any body part enters a dwellingFEC35. Polk, 825 So. 2d 478FEC36, 479. In the Polk case, the Defendant used his arm to unlatch a window in order to commit burglary. Id. The Court held that intrusion of any body part is sufficient enough to reciprocate the entry of a dwelling within the meaning of the burglary statute. Id. at 480.Consequently, the element of entering is met when a person enters with any part of their FEC37body. Spearman, 366 So. 2d 775. In Spearman, the Defendant went to the front door and upon the door opening, struck the resident in the face. Id. The Defendant was ultimately charged with burglary and assault. Id. With respect to the burglary charge, the Court held thatFEC38although his whole body did not enter the home, he entered when his arm and hand reached into the doorway and struck the resident. Id. at 776. The entry of any body part provided sufficient evidence for a conviction of burglary. Id. FEC39In this FEC40case, and similar to Polk and Spearman, where a part of the accuseds body entered a garage or a home, here, Mr. Bailey used a part of his body, his arm, to take the sander from an open window. As the Court held that intrusion of any body part is sufficient to establish an entry, Mr. Bailey meets the element of entering becauseFEC41as he stood in the neighbors property he entered Mr. Bishops property when he put his arm through Mr. Bishops garage window. Therefore, the entry of his a rm would provide sufficient evidence to meet the entering element. Polk, 825 So. 2d 478 Spearman, 366 So. 2d 775.Thus, when Mr. Baileys arm to reach into Mr. Bishops open garage window while standing on the neighbors property, he satisfied the entering element because a part of his body entered Mr. Bishops property. FEC42Mr. Bailey does not meet the dwelling element within the meaning of the burglary statute because he burglarized FEC43a detached garage on a property that does not have curtilage.Florida law defines a dwelling FEC44as a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, brisk or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. Fla. Stat. Ann. 810.011(2) (LexisNexis 2016FEC45).The issue in Mr. Baileys case is whetherFEC46 the detached garage is considered a dwelling. A dwelling is established, when th e property in which the dwelling resides has curtilage. FEC47Curtilage is a dwelling element that must be met. FEC48Florida law states that some form of an enclosure . . . must be present surrounding a residence to be considered part of the curtilage. . . . State v. Hamilton, 660 So. 2d 1038, 1045 (Fla. 1995). Additionally with regards to unattached structures, case law states that not having a form of barrier around extended residence of the curtilage, falls short of bringing unattached structures within the curtilage of the home. Martinez v. State, 700 So. 2d 142, 144 (Fla. Dist. Ct. App. 1997).Accordingly, when there is no form of enclosureFEC49, a property does not have curtilage. Hamilton, 660 So. 2d 1038, 1045. In Hamilton, the Defendant attempted to burglarize outboard motors from a boat located on an unfenced backyard. Id. at 1039.The backyard was not enclosed by a fence, shrubs, or any form of a barrier. Id. Although there were a few spaced out trees around the property, th e Court held that the property did not have curtilage and thereforeFEC50 the evidence did not support a conviction of burglary of a dwelling. Id. at 1046.Moreover, curtilage does not exist when the enclosure of a property does not surround all sides. Martinez, 700 So. 2d 142, 144. In Martinez, Defendant burglarized a sander from a detached garage, which had a driveway connecting the garage to the street. FEC51Id. at 143. The detached garage was located between the main house and the neighbors house. IdFEC52. Additionally, there was a fence bordering only two sides of the propertyFEC53. Id. The Court held that FEC54actual barriers are needed around the residence and unattached structures, to make it part of a curtilage of a home. Id. at 144. Therefore, the detached garage was not a dwelling because it was located on a property that did not have curtilage. Id. As such, the Defendant could not be convicted of burglary of a dwelling. Id.Specifically, a property has curtilage when an enc losure surrounds a property regardless FEC55of an opening for a driveway. Dubose v. State, 75 So. 3d 383, 385 (Fla. Dist. Ct. App. 2011). In Dubose, Defendants entered a property surround by a chain-linked fenced to commit burglary and fired bullets into the house. Id. at384, 385. The property was fenced in on all sides, with an opening for the driveway in the front. Id. at385. The Court held that an enclosure did not have to be completely closed to allow an opening for the driveway, and the open driveway did not prevent the property from having curtilage. Id. As such, the property satisfied the enclosure requirement for curtilage. FEC56Id.Furthermore, a property surrounded with enclosures has curtilage even with an opening at the driveway. Jacobs v. State, 41 So. 3d 1004, 1006 (Fla. App. 2010). Defendant burglarized FEC57aluminum siding from a vacant home surrounded by a fence. Id. at 1005. The property contained a fenced in yard on three sides, and a low-wall stoop at the front y ard with an opening for the driveway. Id. at 1006. The Court held that the property had sufficient enclosure of some form to establish curtilage because all sides of the property were enclosed and an open driveway need not be part of the enclosureFEC58. Id.Now, FEC59in the inst case, a property does not have curtilage when there is no form of an enclosure surrounding the property. Mr. Bishops property has a chain-link fence in the backyard, a short hedge wall on one side, a short rock and roll wall at the front of the property, and no barrier at all on the other side of the property.FEC60The Court in Hamilton, did not find the several unequally spaced trees as sufficient enough evidence to support curtilage. Hamilton, 660 So. 2d 1038, 1047. Therefore, if having separated trees as an enclosure is not enough evidence for curtilage then, here, in the instant case not having a barrier at all is no evidence for curtilage. Similar to Hamilton, where the property lacked sufficient enclos ure on part of the property, here, Mr. Bishops property lacks an enclosure on one side of the property, which lacks curtilage. Therefore, like in Hamilton, a court would find Mr. Bishops partly open property to lack curtilage.Analogously, a property lacks curtilage when it is not enclosed on all sides. Mr. Bishops property consists of a chain-link fence along the backyard, a line of three-foot hedges along the side of the property where the detached garage is located, and a short stone wall along the front yard with the driveway open. There is no boarder on the fourth side of Mr. Bishops property, that side is completely open. FEC61In Martinez, the Court held that not having a barrier surrounding the property, including the detached structures of a property, falls short of bringing unattached structures within the curtilage of the home. Martinez, 700 So. 2d 142, 145. Almost similar to FEC62Martinez, where the property was enclosed on only two sides, here, Mr. Bishops property was en closed on only three sides. Consequently, the lack of a boarder surrounding that fourth side of Mr. Bishops property, would deem the entire property, including the detached garage, as not having curtilage. Therefore, in the instant case, the detached garage would not be considered a dwelling because its property is not enclosed on one side, which lacks curtilage.Nevertheless, a property has curtilage even when there is an opening for the driveway. In the instant case, among other types of enclosures around Mr. Bishops property, there is a short-stone wall at the front of the property with an opening for the driveway. In Dubose, the Court held that an enclosure need not be continuous . . . and that an unenclosed opening for ingress and egress does not preclude a determination that the yard is included in the curtilage of a house. Dubose, 75 So. 3d 385. Although, Dubose and Mr. Bishops properties are similar in that both have a low-walled stoop FEC63at the front of the property with a n opening for the driveway, there is a difference as to the remaining sides of the properties to the cases respectively. In contrast to Dubose, where the remaining sides of the property were enclosed by a chain-link fence, here, in the instant case one of the remaining sides of Mr. Bishops property lacks some form of enclosure. FEC64Therefore, the unenclosed side of Mr. Bishops property, would lack evidence to satisfy curtilage to a dwelling. As such, the property where the detached garage is located would not have curtilage, and therefore the garage would not be considered a dwelling.Additionally, curtilage exist when an enclosed property has an open driveway. In the FEC65instant case, Mr. Bishops front yard has a short, stone wall with no gate in the driveway. In Jacobs, the Court held that the yard was delineated by some form of enclosure, and this enclosure included the opened driveway. Jacobs, 41 So 3d 1006. Although similar to Jacobs, where the property contained a low-walled stoop with an open driveway, FEC66here, in the instant case Mr. Bishop also has a low stone wall with open driveway, however the main difference is the remaining sides of the properties. Id. In contrast, the property in Jacobs was fenced in on the remaining three sides, while in the instant case, Mr. Bishops property had enclosures on only two of the three remaining sides. Therefore, although Mr. Bishops front yard with the open driveway would still establish curtilage (on a fully enclosed property), having one side of the property without some form of enclosure does not provide curtilage. As such, Mr. Bishops property does not have curtilage.Since, Mr. Bailey burglarized FEC67a detached garage on a property that was not enclosed on all sides, it does not have curtilage, and therefore does not meet the dwelling element.CONCLUSIONTo be convicted of burglary of a dwelling, intent, entry, and dwelling are elements that must be met. Mr. Bailey satisfies the intent element because he had the intention of stealing the sander by hiding and reaching over the hedges. Mr. Bailey also satisfies the entry element because while standing at the neighbors property, his arm went into Mr. Bishops property through the open garage window. FEC68Mr. Bailey does not satisfy the dwelling element because the detached garage was located on a property that was not enclosed on all sides, which lacks curtilage. All elements of burglary of a dwelling must be met in order to be convicted. Although, Mr. Bailey meets the entry and intent elements, he does not meet the dwelling element FEC69due to the lack of curtilage on the property, and therefore would not be convicted of burglary of a dwelling. Grade grid belowSectionPossiblePointsPoints EarnedCommentsStyle/Format43Dont end page with headersCitations52.5 study problem with short cites. Also had improper jurisdictional references.Quotations22Writing149At time, writing clear and other times awkward and wordy. Be careful with word selection . Commas are a problem.ISSUES PRESENTED42Not precise enough as indicated. Rule is really rule of burglary burglary occurs when a defendant enters a dwelling with intent to commit a crime. Then go to facts on entry. Same rule then goes in mill issue B.BRIEF ANSWERS42Incorrect legal standard and inadequate explanation of answerSTATEMENT OF FACTS52.5In addition to comments, curtilage requires review of fencing or walls, so need those facts. Should also have fact that Bishop identified sander in truck.DISCUSSION SECTIONMain C and Rule75.5See comments.A. Entry Total1512Organization/CREAC Structure22Rule32.5Issue ask to be clearer (when his body not on bishops property)E
Monday, June 3, 2019
Changes And Force Field Analysis Management Essay
diversifys And intensity level Field Analysis Management EssayMy bank is a medium type bank. A new modify was introduced during the years 1990 and 2003. The variety shows introduced to the bank ar as followers. The first one was bottom-up-approach and the second was top-down-approach. Senior executives of the bank convinced that it was the right time to bring the channel for the present of the bank. in that locationfore, they introduced quality return program, which could reduce cost, by put on the existing staff to improve quality and customer service. They brought consultants from abroad. Top level believed that the middle level could edify the bottom level employees. However, both the approaches for implementing commute failed. Some employees could non accept the new convert the workload was increased and when the new mentations were introduced to the middle centering level, in that location was no response. The senior care had failed its intensions to mobilize middle management commitment and local staff enthusiasm.Force field analysis provides an initial view of channelize problems that acquire to be tackled, by identifying forces for and against transmit based on an understanding of the context of potpourri including the existing culture (Johnson et al. 2008). The distinctive feature of force-field analysis is that it involves organizing the categories in to two board types those relating to force or pressure for change and those relating to forces or pressures supporting the status quo and resisting change. Lewin (1951) argue that, level of behaviour in whatsoever bunk as the result of a force field comprising a balance of the forces pushing for change and the forces resisting change.Force Field DiagramDriver Force Restraining ForceQuality Improvement Work -LoadCost Reduction Top Level ManagementExternal Environment StaffsTechnology TrainingConsultants RecommendationPresent Scenario(Hazyes, 2010129)cccPKNBKMVThere atomic numbe r 18 different key drivers brook found in the My bank case study. However, technology is the best key driver in the My bank case. all(prenominal) other key drivers related to the technology. Anderson and Tushman (YEAR) point out that technological change is cyclical. Each technology cycle begins with a technological discontinuity. Cost reduction, quality improvement, impertinent environments connected to the technology. If technology will not change other drivers cannot neuter in unfaltering way. Different kinds of restrain factors present in the case study. The top-level management like chef executives were the main reason for the failure of the change. Other staffs did not get going any support from the top level. After the change, staffs opinion was slightly rejected by the managements. This is the main reason of the failure of the change. fit in to Nadler (1995), quadruple types of transcriptional change are there. An Organisations response change is proactive or reactiv e way. Tuning and adaptation can involve minor or major changes, they are types of change that occur within the same period, and they are bounded by the existing paradigm. Reorientation and re-creation, on the other hand, are types of change that, to use Gersicks analogy, target the playing field and the rules of the game rather than the way a particular game is played. They involve transforming the government and bending or breaking the frame to do things differently or to do different thingsTuning is change that occurs when there is no immediate necessary to change. Mybank organisational change is related to this part. Mybank became convinced of the benefits of a quality improvement programme for reducing cost. This approach to change tends to be initiated internally in order to constitute minor adjustments to proceed alignment between the internal elements of the organisation and between the organisations outline and external environment. Adaptation is an incremental and ada ptive response to a pressure sensation external demand for change. Reorientation involves a redefinition of the enterprise. It is initiated in anticipation of future opportunities or problems. Re-creation is a reactive change involves transforming the organisation through with(predicate) the fast and simultaneous change of all its basic elements.Type of Organisational ChangeIncremental TransformationalProactiveReactive(Nadler et al. 199524).ReorientationTuningRe-creationAdaptationAnswer2Organisational Change involves daedal process. Managing this kind of procedure is entirely difficult because they are dynamic. That means thickening processes are changing. In these dynamic situations, it is difficult to predict the consequences of its meets. Managing a set of complex activities, each of which is crucial for the overall success of change. These complex tasks needs to be completed effectively in order to change, involves achieve a successful come about. Managing change involves four complex tasks. The four tasks are as follows. They are appreciating change, mobilising support, executing change and building change energy.LeadershipAppreciating MobilisingChange SupportLconstruction Change Executing changeCapabilityCHANGE MANAGEMENT MODELAppreciating ChangeAppreciating Change can give an idea about understanding the forces of stableness and change in the organisation. This requires inquiry into routines and mental models that sustain the status quo. An organisation can be changed mainly in two ways. Those are un intentionned change and planned change. The Unplanned change, which typically involves changes due to new ideas, conflict between individuals, departments or teams and political and power struggles inside the organisation. Nadler (1987) argues that political behaviour tend to be more intense in times of change because individuals and groups perceive the possibility of upsetting the exiting balance power. Planned change, the change has to be planned. Mybank case study twisting the planned change. The appreciation phases aims to make aware of the (a) need for change, (b) consequences of changing and not changing and (c) options that have for undertaking change in the organisation. In the case study, the organisation recognised the necessary of the appreciating change and understood if this change will happen in the organisation, can achieve cost reduction in house using exiting staffs to improve the quality and customer service and bank can avoid the inefficient works. The senior executives of Mybank appreciated the change and convinced the benefits of a quality improvement program.Mobilising SupportParticipation, involvement, and ownership are the crucial for the effective change. The organisational change is both cultural and political involves change in mindsets. This involves influencing, inducing, negotiating, persuading and winning over pack to the idea of change. The effective communication strategies are crucial to chan ge management. Getting consent and mobilising support is not an easy process. It requires persistence and patience. Strategic plan have a very important role in mobilising support. Organisational change is a political process. Pettigrew (1972) argue that some may engage in political action for ideologic reasons, especially when they are fear that a change may be inconsistent with their values.According to Jick (1993), there are three categories of people who play a role in any change process. They are change strategists, change implements, and change recipients. Change strategists are the people who decide that the organisation needs change and set a direction for the change support. Mybank case managing director and senior executives are the strategists. They are in the top of the position. hardly strategists cant implements the change. Change implements are the people who are implementing the change by creating new structures, rules, procedures in all process. These people are th e middle people of the management team. Mangers, outside consultants and accounting staunch are change implementers in the Mybank Cooperation. Change recipients are the third category and people whose jobs change as a result of changes launched in the organisation. These people are usually lower level in an organisation. However, the main success in their hands. These people can make or break the effort. These people at the prior line directly dealing with clients and customers. The main success depends upon the consent of the people in the organisation. Mybank employees, general staffs, are the change recipients. In 2003, the senior management had failed in its intentions to mobilize middle management commitment and local staffs enthusiasm. The middle management fully activated, but management follow some autocratic style and management fail to adopt the strategy.Executing ChangeExecuting change involves creating and putting in place new structures, processes or procedures. Execu tion is, perhaps, the most critical conniption of change. Obviously, if an organisation has not managed the previous two tasks well, its change plan or programme will never take off. However, even if an organisation has carefully view through its change issues and options and has gathered enough support for change, it can still fail at this critical stage. Three critical tasks for change leaders to see focus and energy during execution (a) creating cross-functional linkages in the organisation (b) aligning policies, procedures and removing structural impediments to performance and change and (c) creating new routines for continuous improvements and innovations.According to Nilkant (Year), a successful change effort requires (a) adequate appreciation planning, (b) sufficient support by employees, (c) competent execution by managers, and (d) Change managers with appropriate skill sets and capabilities. Mybank staffs accepted their new changes. However, it was not successful in the b ank in both 1990 and 2003. In 2003, they bring a new department and try to join the other department together. The regional Lending managers activities were not accepted by other departmental tills. This created a big problem in the organisation. Most of the staffs did not express any touch on to new executing change. This is because they were not understood the new corpse. Who are interested this new changes, did not get any support from their higher level.Building Change CapabilityA well-known model of change management views organisations as going through long periods of stability punctuated by short bursts of discontinuous change. According to Nilikant (2006), mangers or organisations can build capability in four ways. Those are firstly, individuals and groups build capability. Secondly, individuals and groups build capability when they successfully execute challenging projects. Thirdly, building capability involves paying simultaneous attention to both action and reflection. Fourth, leaders and organisations can help individuals and groups build capability by providing a context that aids action and reflection. Self-efficacy is energy and focus for the capability building. In managing change, self-efficacy is a major determinant for success. Employees with higher levels of self- efficacy can overcome obstacles and challenges that are inevitable part of any change. Efficacy is demonstrated when individuals feel secure in avoiding pseudo solutions. Mybank failed in their both approach. The main reasons are not cooperation between the staffs and management. Who are motivated in these approaches, did not get support from their top level. Staffs got more workload in their work and staffs were alienated the interest to extra works. In this way bank cannot maintain capability.Change AgentA change agent is the individual or group that helps effect strategic change in the organisation. For example, the creator of a strategy may, or may not, be the change agent . He or she may need to rely on others to take lead in effecting changes to strategy (Johnson ET .al 2008). midst managers and consultants are the change agents in the Mybank case, because they are working together with top level and bottom level people within the organisation.Transition PhasesModInternalization, answerAnd Learning defenseShock Depression ConsolidationTestingLetting go Acceptance of RealityTime.Answer 3 good deal going through change experience a variety of emotional and cognitive states. Transitions typically supercharge through a cycle of reasonably predictable phases .this applies to all kinds of transitions impulsive and imposed, desirable and undesirable. Often people have little warning of changes and they experience the initial phase of a transition as a shock. Feelings of anxiety and threat can determine their ability to take in the new information, think constructively and plan. Mybank employees faced the same problem when they heard about the new chang e.Denial phase characterized by a retreat from the candor of change. Depression is the reality of the change becomes apparent and the individual ac associations things cannot continue. Letting go phase involves accepting reality for what it is. It implies a clear letting go of the past. Testing is more active, creative, experimental involvement in the new situation starts to take place. Consolidation stage progress in progresses in parallel with testing but to begin with there is frequently more testing and rejecting than testing and consolidating. Internalization, reflection, and learning transition is complete when the changed behaviour is normal and unthinking and is the new natural order of things(Hayes, 2010216). When a new change program implemented in the Mybank, all the staffs passed in these stages. Some of the staffs were get struggled and other staffs overcome all the problems.The primary leadership task in change management as creating a positive behavioral context t hat facilitates inquiry, appreciation, and change. Change management model identifies four core tasks. First, mangers need to be cognitive tuners to appreciate change. Second, mangers need to be people catalysers to mobilise support. Third, managers need to be system architects to execute change. Fourth, managers need to be efficacy builders to build change capability.LeadershipCognitive TunerThe main core task of appreciating change requires a manger to tune into both external business environment and the internal organisational setting. The important thing of the change agent is to understand the external environment and assess the organisational capabilities to send for the external changes. The change agent should expose different way. The change agent should seek knowledge in all level and awareness of own coat models and assumptions important. The change agent should recognise the assumptions, if it is necessary or not (Reference). Finally listen other people who are disagre eing with the change agent and do not feel defensive or threatened when others challenge the ideas and thinking. My bank case, cognitive tuning was not effective. The management did not listen to the bottom-level staffs opinions as a result, employees lost their interest in the new changes. The middle level mangers fail to express their feelings into the top-level management. The way of communication was not sufficient between departmental mangers and change agents.People CatalyserOrganisational change has an element of loss inherent in the process, and it is a loss that is often deeply felt by employees. The Kubler-Ross grief model addresses the emotional issues associated with change. The four emotional stages experienced throughout the change process may be expressed by employees in behaviours that are obstacles to the process of change. By understanding the emotions employees often encounter during change. It will be better prepared to facilitate the change process (Reference). Kubler- Ross grief stages is applicable in the Mybank case. The staffs were faced the situation in the organisation. But the final stage of the Kubler- Ross was fail in the case, commitment from the employees not good. Between the departments problems created.Kubler -Ross Grief ModelStage 1DenialPeople encountering a change initiative might be saying to them, I cant believe this is happening to us. Unresolved fears about the change initiative need to be address during this phase.Stage 2ResistanceDuring this phase, people could attempt to slow down or derail the change initiative, it must be able to spot protection when it occurs and formulate sound strategies for overcoming it.Stage 3ExplorationIf people are not able to stop the changes from occurring, they begin to role of the group are specifically defined in this stage. It is important that unresolved issues that continue to surface be addressed. If trust has been created among the group, then peer influenced can be used to enco urage behavioural change.Stage 4commitmentMutual commitment is established , obstacles have been removed .and the focus is on successful implementation of the changesThe change management need to catalyse people by building support, manufacturing consent and facilitating cognitive shifts in organisational members. The change agents need to be communicators, persuaders and negotiators. The change agent prepares himself before engaging the people. For influencing the people the agent can utilise all the media and forums. In decision-making time, change agent role is important. There is no chance to run away from the situations. The change should get trust and respect from others, in this way they can develop the credibility. In the case study, at a particular level, the consultants engaged the people and they fail to utilise the forums and media in the organisation. The middle levels mangers did not get the much trust and respect from the staffs.Systems ArchitectThe change agents need to create the systems, process and routines to execute the change plan or agenda. This involves setting explicit goals, establishing cross-functional teams and monitoring progress (Nilikant). In this stage, the change agent role is very important. In the organisation, he/she should clarify individual roles and contribution. The person who selected is SMART or not. Moreover, other team leaders selection responsibility will come under the change agent. Co-ordination between other staffs will come under the change mangers control. Change mangers need to identify the organisational past practices, procedures, and polices and it should eliminate them properly. Mybank change fails in these areas. The selection of the other team leaders performance was not good. They were not SMART. If they are SMART, the change will be successful. Under the control of the middle managers, conducted meetings but fail to share the new ideas and solve current problems after the change.Efficacy BuilderThe m angers need to make organisational members have faith in their ability to learn, overcome obstacles and engage in change. Jim Collins argues that the effective leaders do not motivate people. They help people motivate themselves. A significant aspect of building change capability is to build a repository of organisational knowledge that captures insights from peoples tacit experiences. Building change capability is closely related to the core task of appreciating change. Store and share the knowledge is very important for a change manager. Renewal must become as important as cash flow or profit maximisation. Organisational members are aware that change mangers are spy what they say and what they do, and they may be making judgements about them and their future role. Mybank case change management selected some people for the leadership positions. However, that staffs were not successes in a particular level. Some of the departments in Mybank were not given any preference to the chan ge mangers. This is one of the reasons to fail change implication in Mybank and plan of connective of the two departments was not success. This was due to the inefficient leadership and responsibility by the change mangers.The change agAnswe4RecommendationConclusion
Sunday, June 2, 2019
Social interaction and the development of infants
Social action and the set upment of infantsIn the counterbalance deuce years of an infants life, they undergo me actu in ally changes that allow them to develop into a fully functioning human being. These victimizations ar controlled by internal and external factors. Social fundamental interaction is an exceedingly influential external factor, which brook suspensor to form many aspects of development. For example, infants in the first two years of their lives are learning to differentiate amidst kind stimuli, for example recognising mothers face and voice. This is mastered by the infant in a relatively small time scale after birth (Mills Melhuish, 1974). The pip-squeak lav then use this new knowledgeable ability to interact with its caregivers, even without understanding the amicable meaning of their actions, for example when a youngster smiles, the child is not aware of what a smile manner in our society, but when the caregiver sees this sign of emotion, they groun dworknot help but to smile back, and positively reinforces that learned action to the child. To see how important kindly interaction is for the development of a child in the first two years of its life, it is important to observe key areas of behaviour such as attachment to others, the childs temperament and their run-in acquisition.One of the most look intoed areas of development in children is attachment and how we form them. Attachment, as defined by Ainsworth and Bell 1970, is an affectional tie that once person forms between himself and another specific one. This is the first strong social connection that infants have to another human being/s. research by Shaffer and Emerson, conducted in 1964, and suggested that there are three stages in the development of primary attachments the asocial stage, the stage of indiscriminate attachment and the stage of specific attachment. The asocial stage, which spans from birth to six weeks, is when the infant uses signals to interact with its environment, for example crying, babbling, and smiling and so forth, which is not aimed specifically to anyone. The jiffy stage of indiscriminate attachment, the infant has learnt that if it cries it will receive attention, but is still not aimed at a particular individual and the child can be comforted by anyone. This stage lasts until around seven months after birth. The last stage, specific attachment, can be observed between seven and eleven months, and is suggests that the infant will start to form specific attachments to caregivers, a bond is then made, and will no longer accept comfort from others.Bowlby (1988) described that the need for social attachment between the infant and its caregiver is because the infant needs to actively seek to clear or maintain proximity to another individual that is to a greater extent attuned to their surroundings and can proffer for the infants needs (attachment behaviour).There have been three key theories to evaluate and explain wh erefore we form attachments, and if it is important for children to form social bonds in the early stages of life. The psychoanalytical possibility proposes that feeding and the production of food is the main cogitate why we form attachments. Based on Freuds psychosexual stages, this theory focuses on the oral stage (the first of the stages), and suggests that the child gets pleasure from attaining food through drink behaviour (Miller, 1993). Erikson in his stage theory (1950, 1968) states that the first year of life is where the infant establishes trust between themselves and a caregiver, who in return provides nutrition and comfort. Without this trust, the child does not know whether they will be provided with the vital source of support that the child needs to survive.There are two main learning theories, the first being the early learning theory. The psychoanalytical theory is closing curtainly linked to this theory, as they both suggest that being provided with food is the m ain reason why we attach. This theory revolves around the secondary drive hypothesis by Dollard and Miller (1950), which explains that infants attach to the mother to gain access to important things that are needed for survival, things that they cannot provide for themselves for example food and warmth, all of which soothe the childs cries. This social interaction between the mother and the child then allows for the infant to associate this with the caregiver, and the bond is strengthened. However, this hypothesis disagrees with research conducted by Shaffer and Emerson (1964), which found that the infant can become attached to more than one caregiver, who is not necessarily the sole provider to the physiological needs of the child.The second learning theory for attachment is the social learning theory devised by Hay and Vespo, (1988). The theory states that the child does not automatically become attached to the mother, or caregivers, but that the caregivers has to interact with th e child and show them affection, for the child to feel a connection with them, from which they can then form a relationship together.Another theory of attachment is Ethological theory, which states that there is an evolutionary role in the reasoning of why we as humans attach. The theory suggests that mothers before birth are already biologically predisposed to become attached to their offspring, and therefore ensures that they survive, and the species can continue. Research to support this theory was mainly collected by Bowlby (1969, 1980), who suggests that attachment is monotropic focused on lone(prenominal) one caregiver, namely the mother. However, research by Ainsworth (1979) disagrees with Bowlbys theory of monotropy, and suggests that infants form more than one attachment to many different caregivers. This is supported by Shaffer and Emersons study, which displayed attachments to other close family members for example grandparents and fathers. It has also been found that si blings can also be important in contributing to the social development of infants (Adler, 1964).These three theories suggest that attachment between the infant and its caregiver is formed relatively easily, but comparatively, if a child has little to no access to social interaction in the first two years of their life, it can be particularly harmful to the childs development. This can be explained by the social stimulation hypothesis which can be observed in research collected in the 1940s, which showed the children growing up in institutions had a low staff to child ratio and so rarely had any interaction with a caregiver. Children were also segregated from each other, and so were cut off from all forms of social stimulation. At first the infants acted no different from those brought up in normal family homes where the children are given lots of attention and interaction, but after six months there was a noticeable difference the childrens behaviour changes and the children were co mpletely avoidant of any social activities (negative working model of the self) and see that they are not getting noticed by others (negative working model of others), (Goldfarb, 1943). This research implies that children need constant social interaction to develop properly. Bowlby (1953), after studying institutional care after the Second World War, saw that the care that the children were receiving was more physical, and not for their emotional needs. He developed the maternal deprivation hypothesis suggested that infants should experience a warm, intimate and continuous relationship with his mother. Conversely, infants in institutions in which there are a oft full(prenominal)er staff to infant ratio generally interact normally with their caregivers and develop well throughout life and suffer fewer effects (Tizard and Rees, 1975). row is another element of develop in the first two years that is strongly influenced by social interaction. There are three main theories that debate what influences our language acquisition. The learning/empiricist perspective explains that children learn their language by listening to their parents speech and imitating it (Bandura, 1971) and by positive reinforcement when the infant says something grammatically correct (Skinner 1957). Research by Weisman and Snow (2001) found that if caregivers expose their children to more advanced words earlier on in life, then the childs language will be more developed than other children of the same age group. However, it has been argued that children cannot learn syntax this way, as seen by Baron (1992), when children are just learning new sentences they create statements that adults do not say and therefore could not have imitated.Chomsky (1959, 1968) disagrees with the learning perspective and suggests a more biological/nativist approach and not a social implication. He suggests that language is too complicated for it to just be learned from caregivers, instead that children born with a n innate language acquisition device (LAD) in the head which processes verbal input. Slobin (1985) thinks that we have an inborn language-making capacity (LMC) instead of an LAD. Both of these systems supposedly enable infants to combine vocabulary that has been collected in the brain, enables them to understand what it means, and then can use this knowledge to create sentences. Lenneberg (1967), combined the two theories of Chomsky and Slobin, and suggests the sensitive-period hypothesis, which states that the best time to learn a language is before adolescence after this period has been reached language becomes very difficult to learn. For example, a case study of 14 year old Genie (Curtiss, 1977), who until this age was kept locked away with little to no social interaction, and was beat by her father if she made any noise. When Genie was discovered, she had not had access to language and so could not speak. When she was taught language, she was able to conjure up sentences quite easily, til now she was unable to acquire the rules of syntax, which young children learn early on in life without being taught to, supporting Baron (1992) theory. However, Moerk (1989) suggests that language development cannot be explained using LAD or LMC because the researchers themselves do not understand how they work, and how the information received in the brain is processed and understood. The interactionist perspective suggests that both empiricist (social) and nativists (biological) perspective both bring in to learning acquisition (Tomasello, 1995).A third factor for development that is influenced by social interaction in childhood is temperament. A definition of temperament as described by Hartup and Van Lieshout (1995) is a substrate for personality development, consisting of simple, basic styles that emerge early and that are tied closely to distinctive modes of emotional expression. doubting Thomas and Chess (1977, 1989) reported three main type of temperamental s tyles Easy infants happy, easily comforted, Slow to warm up infants fussy and are less adaptive, and unmanageable infants negative, extreme reactions for example long periods of continuous crying. Hartup and Van Lieshout (1995), suggests that temperament has social implications for the way in which an infant relates to other people for example difficult infants are more likely to develop behavioural problems as they get older. A way to try and combat this behaviour is for caregivers to provide more stimulating challenges for the child and try to promote the children to act in a more pro-active manner (Smith, Cowie and Blades, 1998). Thus suggesting that although temperament can continue throughout life, using social techniques can reduce aspects of temperamental behaviour as the child develops.In conclusion, attachment to caregivers, language acquisition and a childs temperament are all influenced by social interaction, and can be seen that the lack of it can lead to developmental abnormalities in children. For infants to develop healthily in the first two years of their life, it appears that they need high amounts of cognitive stimulation, feelings of security from those that care for them, and encouragement for behaviour, so that the child can positively attribute their actions and use these social cues, for example smiling and babbling, to develop all the key skills that they will need as they grow up.
Saturday, June 1, 2019
The Oedipus Complex in Galatea 2.2 :: Galatea 2.2 Essays
The Oedipus Complex in Galatea 2.2   Helen is in love with Powers Powers is in love with C. C. only wants to forget about Powers. This may sound like a soap opera, but in fact it is the love triangle present in Galatea 2.2. This love triangle mirrors Freuds Oedipal Complex almost perfectly. According to this theory, Richard Powers is Helens get under ones skin. Like a mother he created her and then taught her how to think for herself. Also in this role reversal of the Oedipal Complex, Helen assumes the role of Powers son, and C. portrays the absent father. The twisted version of the Oedipal Complex presented in Galatea 2.2 explains the interaction between Powers, Helen, and C. as that of a family, and finishedout this depiction the Dialogical Method enhances this image.In the story of Oedipus he kills his father and then marries his mother. Galatea 2.2 does not present Helen as committing such an offensive act. C.s absence in Helens life does mirror the absence of Oedip us father during Oedipus marriage to his mother. Helen never has one on one interaction with C. Her only knowledge of C. is through the love letters that Powers reads to her. It because of this that Helen begins to view C. as a hindrance to her own kin with Powers. According to Freud, the son wishes to dispose of the father in order to realise the attention of the mother solely to himself. This creates a very peculiar relationship to say the least.Of course, Powers relationship with Helen is anything but common. She is after all a computer. He begins their relationship as her teacher. He has a mothers love for Helen because in her he sees something that he has toiled to create. Powers sounds like a parent when he speaks of Helens singing. At one point he describes her voice as, ...an extraterrestrial warble, the way deaf people sing (198). This does not sound like a sweet sound. The words music to my ears are not present in any description of Helens singing. Powers knows that Hele n cannot carry a tune, but he cannot bear to convey this message to her. He says, I didnt have the flavor to tell her how unbearable this music sounded (235). There are very few parents that would actually inform their child about a lack of talent in a certain area.
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