The Laws Of Thermodynamics

The Laws Of Thermodynamics This writing assignment explains some essential ideas about the Laws of Thermodynamics and how oranges exist given the Law of Thermodynamics, along with ideas of entropy. Oranges are considered structured because of the fact that entropy is an expression of the randomness or disorder as well as the energy from high temperature region to low temperature areas. Since orange molecules are not closed system and assuming that their entropy decreases, the energy flowing to the low temperature areas is able to make oranges to exist since the entropy is decreasing for those molecules hence the disorder is decreasing so the molecules can pull together or stay together. Energy is defined as the ability to do work while thermodynamics is bringing about change in the study of energy. Energy exists in many forms, such as heat, light, chemical energy, and electrical energy. Paul Davies, another well-known and popular author gives his views on the Laws of thermodynamics as, The second law of thermodynamics is often phrased by saying that every closed system tends towards a state of total disorder or chaos. One measure of the remorseless rise of chaos uses a quantity called entropy, which is defined to be, roughly speaking, and the degree of disorder in a system. The second law then states that in a closed system the total entropy can never decrease; at best it remains the same. Almost all natural changes tend to increase the entropy, and we see the second law at work all around us in nature. One of the most conspicuous examples is in the way that the sun slowly burns up its nuclear fuel, spewing heat and light irretrievably into the depths of space, and raising the entropy of the cosmos with each liberated photon. Eventually the sun will run out of fuel and cease to shine. The same slow degeneration afflicts all the stars in the universe. In the mid-nine teenth century, this dismal fate came to be known as the cosmic heat death.' [Davies, In About Time p. 34] The First Law of Thermodynamics states that energy can be changed from one form to another, but it cannot be created or destroyed. The total amount of energy and matter in the Universe remains constant, merely changing from one form to another. The First Law of Thermodynamics also called the law of conservation states that energy is always conserved; it cannot be created or destroyed. In essence, energy can be converted from one form into another. The Second Law of Thermodynamics states that in all energy exchanges, if no energy enters or leaves the system, the potential energy of the state will always be less than that of the initial state. This is also commonly referred to as entropy. Once the potential energy locked in carbohydrates is converted into kinetic energy (energy in use or motion), the organism will get no more until energy is input again. In the process of energy transfer, some energy will dissipate as heat. Entropy is a measure of disorder: cells are not disordered and so have low entropy. The flow of energy maintains order and life. Entropy wins when organisms cease to take in energy and die. The third law of thermodynamics, formulated by Walter Nernst and also known as the Nernst heat theorem, states that if one could reach absolute zero, all bodies would have the same entropy. In other words, a body at absolute zero could exist in only one possible state, which would possess a definite energy, called the zero-point energy. This state is defined as having zero entropy. Potential energy, as the name implies, is energy that has not yet been used, thus the term potential. Kinetic energy is energy in use or motion. In the hydrologic cycle, the sun is the ultimate source of energy, evaporating water (in a fashion raising its potential above water in the ocean). When the water falls as rain (or snow) it begins to run downhill toward sea-level. As the water gets closer to sea-level, its potential energy is decreased. Without the sun, the water would eventually still reach sea-level, but never be evaporated to recharge the cycle. Water is an essential need for all living things which include plants to manufacture and processes their food. Chemicals may also be considered from a potential energy or kinetic energy standpoint. One pound of sugar has a certain potential energy. If that pound of sugar is burned the energy is released all at once. The energy released is kinetic energy heat. So much is released that organisms would burn up if all the energy was released at once. Organisms must release the energy a little bit at a time. Similarly, according to Brian Greene he emphasizes on the study of entropy as, First, entropy is a measure of the amount of disorder in a physical system. Second, in physical systems with many constituents there is a natural evolution toward greater disorder, since disorder can be achieved in so many more ways than order. In the language of entropy, this is the statement that physical systems tend to evolve toward states of higher entropy. (Green, In The Fabric of the Cosmos, p. 154) Energy is defined as the ability to do work. Cells convert potential energy, usually in the form of C-C covalent bonds or ATP molecules, into kinetic energy to accomplish cell division, growth, biosynthesis, and active transport, among other things. Therefore, for orange tree to grow to its fullness and be able to produce its fruits, the energy processes would be involved in the development of that plant. Also for it to grow healthy it requires fertilizer which is a chemical energy being converted to potential energy. Energy has often been called the currency of life. It flows through Earths processes creating wind, providing light, and enabling plants to create food from water and air (carbon dioxide). Humans have tapped into this flow to generate electricity, fuel our cars, and heat our homes. The sun provides Earth with most of its energy. It is important for one to recognize and appreciate this source of energy and to explore the transformations that bring the suns light into their home in the form of light, heat, food, and fuel. We are fortunate to have many concentrated sources of energy. Besides the sun, there is chemical energy found in fossil fuels such as coal and oil and in nuclear resources. While the amount of energy in our world remains constant, as we use it (transfer it to one form to another), it becomes spread out and less useful. Energy also gives us the ability to work. Through education and becoming aware of what energy is and how we use it, we can learn (i.e., work) to use our concentrated resources more wisely, and ensure that they will be available for future generations. Work cited Davies P. In About Time. Simon Schuster. 1995. Green B. In the Fabric of the Cosmos: space, time and the texture of reality, A.A. Knopf, 2004.

Alison watt and Picasso

Alison watt and Picasso In this essay I'm going to investigate two portrait painters, Alison Watt and Pablo Picasso. I will be writing about their lives and influences. The first artist I will be writing about is Alison Watt. She was born and raised In Greengrocer in 1965, 18 years later and she is still studying in Glasgow School of Art for a further 5 years. At the national gallery in London Watt was the associate artist holding a spectacular exhibition of her own Phantom in 2008.Watt was well known for portraits of herself and others holding cups plates etc, she came to the publics attention in 1987 when he won an award for the National Portrait Gallery's. Watt was also well known for drawing female nudes and figures usual neutral colors, dryly painted lost of her portraits were done using oil paint on a canvas. As far as I am aware Alison Watt was known for painting portraits I have not heard of watt sculpting. She was also awarded an OBEY, she was the youngest female artist to b e awarded a solo exhibition at SIGMA.Alison Watt was quite original she interpreted her own ideas in her into paintings. Such as the paintings ‘Hunger and the horses head' l. This paintings watt has duplicated herself and she has also placed random niter s in Radio places. The Alison watt painting I will be writing about is ‘The native boy', It was made in 1990, made with oil paint on a board. Alison Watt has modeled herself I'm this painting, I chose this painting because its very neutral and doesn't have too much going on.This portrait is close up so you can't see of the sitter is sitting or standing it Just shows the face and neck. I would say everything in the portrait is mostly all the same proportion in terms of scale. N the background it was Just some simple leaves and what looks like to be a wall. The foreground and the background don't look Joined together it looks like Watt is standing in front of something. You can only see the top parts of the sitter and the background as it is a close up. The only thing that's being cut out is the rest of the figure.I think if I was there whilst this being painted you could smell nature and paint. You could probably here birds chirping and the wind blowing as it looks like an area where you would hear these surroundings. It looks as painted around midday. It does seem like a calm place and a very peaceful place . The lighting on the face is quite bright but the background is darker. I think it is a natural light. The light is coming from straight in and because if this I think it is during the day almost evening, but also I think it is winter because it looks quite cold.The light does cast shadows around the face I think it's there to show some form and atmosphere, so the face doesn't look flat. The mood in this painting is quite dull and dreary and Watt doesn't look very happy , which I think has an effect on what the DOD which comes across as winter. Although sometimes winter is bright it will always has that effect which makes the atmosphere dull and tense. The expression on Alison Watt definitely has an effect on the mood of the painting because it Just looks as if she's depressed and wants to cry.The sitters position is unrecognizable as you can't see the shoulders all that you see is the neck and above the only way you can tell the mood is by the facial expression. As mentioned you can't see the sitters clothes but from the hairstyle it looks quite classy and old fashioned. I think the artist hose the color scheme because it isn't a very complex painting So the color of the painting being neutral I believe is relevant to the painting. Watts brush stokes in the background are part of the painting they are almost unseen , it almost looks edited to look smooth,but the face is more textural you can see a few brushstrokes.Also on the face you can see where it has tried to be blended. I think the brush strokes are looser on the background and more controlled on the face etc where you need detail. I am oblivious to how much time was spent on This painting as they are to skilled be able o tell. But, personally I think Watt may have spent less time on this painting compared to the other painting. As this painting isn't as complex and not extremely detailed. The piece itself I would say is textural but around the cheekbones you can see dots/dabs used to blend the cheek and skin color.Watt seems to have used life like style or realistic, because it doesn't look fake and are elements where it Just looks airbrushed. Neutral colors have been used in this painting. I think Watt used these colors to give it the look of a real person. I think because of these colors that is why t made me decide the painting realistic/lifelike piece. I don't think they have am effect on the mood or atmosphere. Also I think the color scheme makes parts of the face such as the nose and mouth stand out.I honestly couldn't choose between whether this image is hot or cold. At the first look I would definitely say cold but if you look closer at the painting the face gives it a warm sensation. Watt used pattern in empty and dull areas. Pattern was used well around the face using leaves and curls. Also where there is a big plain space of wall a ribbon has been added and I hint without these features it would be really empty. The pattern used was regular and uniform nothing is out of the ordinary. In this painting the pattern is subtle.Although there is no definite outline ,you can see the different shapes and where watt has used two different colors side by side with a crisp edge. I think the painting is really bland. There is nothing really interesting going on. It is really amazing though how good an artist is when they make it look so simple. I think Watt is good but I dislike this painting. I don't think this is the best piece Alison Watt has done, cause the rest have something interesting In it which makes you remember it and makes you wonder about the painting. The other artist I'm going to investigate is Pablo Picasso.Picasso was a Spanish artist, boor in 1881 who was the son of an art teacher and showed artistic talent at a very young age. When Picasso was 19 he went to live in Paris to study new styles and to pick up new styles. The blue period was a famous period of Picasso. As the color blue symbolisms depression, when Picasso best friend committed suicide Picasso went into deep depression this is what was now as the blue period, where all the paintings are in shades of blue, have religious undertones and the subject matter is unhappy in nature.In 1973 Picasso was taken from us and he was one of the most famous artists of the 20th century. During Picasso blue period it was his friend Casemate who influenced Picasso. During the rose period when mostly shades of pink were used he was experimenting with gouache , the subject of matter was the circus and during the cubist period it was ad African masks which influenced Picasso. The cubist pe riod was when Picasso id his most original work , he took simple African masks which inspired him and turned them into paintings which are famous today.These kind of painting break away from the rules regarding realism and perspective. Some of the faces are distorted. Picasso was only known for doing portrait and figure paintings to my knowledge. Oil paint on canvas is Picasso most chosen way to work. The art work I will be focusing on is the weeping woman. It was made in 1907. I'm not able to tell what size the artwork is. I do not know the name of the sitter nor do I now that its actually a person who Picasso has Just made into his own idea or whether he painted this from his head.I chose this painting because I painted it in primary school and its his most known painting or the only painting I had ever heard of. The portrait is full length and the figure in the painting is in able to tell if she is sitting or standing as you can only see the top half of her body but I'm assuming she's sitting. It is a close up and the head takes up most of the portrait so the head is definitely the biggest object in the painting. In the background it is Just simply a wall. The foreground and background do look Joined together because the woman isn't ad.You can see a bit of the sitter and a bit of the background. I can Just see a cartoon woman crying that is literally all I think if I was to imagine myself in the painting. I can hear a woman crying and smell lots of paint. You can't tell the time because it isn't a realistic painting. I'm guessing something has happened as there is a woman in tears, it feels awkward and depressing , not a very nice place to be. There is no lighting in the painting. I think the mood and atmosphere is sad and awkward. It's expression and the body language of the sitter also the painting itself is about a woman crying.I would describe the mood of the sitter as upset and you can't see the shoulders. You can see spate hands as if she was holding a tissue up to her face to wipe her nose/eyes. She is multicultural I can't see any of her clothes. I have no idea why Picasso chose this color scheme. The artists style is cartoonist and abstract to me. You can't see the brushstrokes. I don't think he worked on this painting as long as he did the others, he others Just look as if they have been thought through more carefully. The painting is flat, I don't know what textures have been used.

Crime Law Essay Online For Free - Free Essay Example

Sample details Pages: 13 Words: 3846 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Crime Essay Did you like this example? The approach within this assignment will firstly review the failings of both Fred Churchill (Contractors) Ltd for the unlawful depositing of waste around the city of Nottingham together with the incident which relates to Brockwell and the pollution of the river Trent. Both cases will be reviewed as under s85 of the Water Resources Act 1991 (the Act). Finally a review of mitigation circumstances with a review of sentences may be appropriate in respect of any guilty parties who could be convicted. Don’t waste time! Our writers will create an original "Crime Law Essay Online For Free" essay for you Create order Section 85 of the Act identifies the fact that every person not to cause or knowingly permit polluting substances1 to enter in to a controlled Water. This source is a statutory obligation and is not found in the law of tort. If a company permits an operation on his land which could give rise to pollution then a risk assessment must be completed in order not to fall foul of s85 of the Act2. Section 85 relates to the keeping of streams free from pollution for the benefit of mankind including flora and fauna. Most significant acts of pollution will arise out of agricultural, commercial or industrial activities. 1 This terminology is not identified with the 1991 Act, for terminologies relating to poisonous noxious and polluting in relation to s85 these may be located within National Rivers Authority v. Biffa Waste Services Ltd [1996] Env LR 227 DC and R v. Dovermoss [1995] Env LR 258 CA (Crim Div). 2 Express Ltd v. Environment Agency [2005] 1 WLR 223 at [24] DC The damage caused by such pollution may take years to repair and often costs for the clean up process that can run in to millions of pounds. The act of pollution may or may not be a result of negligence and can be caused by a person such as a workman, fitter in a fairly low position of the company. Brockwell is similar to the case of Empress Car Co (Abertillery) Ltd v. National Rivers Authority [1998]2a, as within Empress, the first point to emphasise is that common sense answers to questions of causation will differ according to the purpose for which the question is asked. Questions of causation often arise for the purpose of attributing responsibility to someone, for example, so as to blame him / her for something which has happened or to make him / her guilty of an offence or liable in damages. In such cases, the answer will depend upon the rule by which the responsibility is being attributed. Since Empress, s85 cases that have come before the Court of Appeal have involved other issue s rather than the causing offence, some cases have been brought to the Court of Appeal in relation to the level of fine imposed and who was actually criminally liable for the s85 breach. Therefore it is important within Brockwell to identify a suitable level of fine or imprisonment. 2a Empress Car Co (Abertillery) Ltd v. National Rivers Authority [1998] 2 WLR 350; [1998] UKHL 5; [1999] 2 AC 22; [1998] 1 All ER 481. Where Lord Hoffman gave the leading judgement of the Court in which he laid down five key guides for judges and magistrates who might be faced with determining the question of who or what had caused a water pollution incident. A diesel tank within a yard controlled by the company drained in to a nearby river. The tank was surrounded by a bund, but this protection was breached by a pipe to a drum outside the bund. When someone opened the diesel tap, fuel flowed in to the drum which overflowed causing the pollution. It was held that whether a defendant caused an escap e in to a river was not defeated by an additional intervening cause. The question was, had an act been done and did it contribute foreseeably to the escape. Acts of third parties and natural events are not defences to the strict criminal liability imposed by section 85(1) of the Act, for polluting controlled waters unless they are really exceptional events. The court discouraged too mechanical, an approach to causation. Wolf and Stanley on Environmental Law, Routledge, 5th edition, 2011, pg 148. Water Resources Act 1991 s85 S85 of the Water Resources Act 1991 (the Act) indicates Civil penalties that may assist in a more effective regulation system and this is likely to be used in areas such as illegal waste disposal. In the area of water pollution there are many grounds for assuming that the importance of criminal prosecutions is set to continue. The Environment Agency has published a detailed prosecution code3, whereas, generally the Agency issues a low level set of fines, therefore it is unusual for custodial sentences to be used. The use of custodial sentences for environmental harm applies when it is a repeated or blatant offence and where in a public place the offence is such as to subject the public to hazardous substances as in R v OBrien and Enkel4 or even community orders for polluters as in Environment Agency v UCE Ltd (Ipswich Magistrates Court June 2010)5. This gives rise to the need to consider each case on its own merit rather than using the sentencing advisory panels advice. 3 Env ironment Agency guidance for the enforcement and prosecution policy https://www.environment-agency.gov.uk/business/regulation/31851.aspx 4 R v OBrien and Enkel [2000] Env LR 156 where illegally storing waste tyres at an unlicensed site gave rise to an eight month prison sentence for OBrian. On appeal the Court of Appeal quashed the sentence as it was regarded to be too excessive. 5 Environment Agency v UCE Ltd (Ipswich Magistrates Court June 2010) in 2008, A trail of blue-black liquid in Flowton Brook and Belstead Brook, Ipswich, in a series of incidents led Environment Agency officers to an illegal waste site run by Paul Arthur Fenton. They found mixed waste and liquid waste being stored without environmental permits and signs that some waste had been burned nearby. Ipswich Magistrates Court issued a community order requiring Fenton to undertake 240 hours unpaid work and ordered him to pay  £8,000 towards Environment Agency costs for breaches of the Water Resources Act, Environmental Permitting Regulations and Environmental Protection Act. https://www.environment-agency.gov.uk/news/117824.aspx accessed June 2010. There is evidence that Brockwell were negligent in their operation through the actions of their employees and it is not uncommon for the environment agency to proceed with a prosecution for both s85(1) and 85(3) offences, on the proviso that elements of the case can be established. Within the case of Fred Churchill (Construction) there is a breach of Environmental Protection Act 19906 although not a breach of s85 of the Act, as there is insufficient evidence that the illegal dumping of the removed substance leached or could have leached in to the River Trent. Areas to be considered within the case of Brockwell Who will prosecute? The case of Brockwell will be subject to the Environment Agency (the Agency) bringing a prosecution with respect to s85(1) of the Act for a water pollution incident. Exercising its prosecutable discretion7 the Agency will likely take in to account several factors, which include the seriousness of the incident and any past polluting records from the polluter. 6 Environmental Protection Act 1990 7 Discretion to Prosecute and Judicial Review Hilson, [1993] Crim LR 739 Another area to be considered is the deterrent effect of a prosecution for both would be polluters and the actual polluter. The Environment Agencys Enforcement and Prosecution Policy8 clarifies that a prosecution will be perused when an evidence test is satisfied and that a prosecution is in the public interest. Therefore foreseeability is a relevant factor when the Agency is using its common sense to decide whether an individual caused a polluting event, as in NRA v. Wright Engineering Co. Ltd [1994]9 and Al phacell Ltd v. Woodward [1972]10. The importance as to the protection of the environment is demonstrated within Cambridge Water Co v. Eastern Counties Leather Plc. [1994]11. Therefore in the context of the Brockwell case, the common sense causation is that Brockwell caused the pollution, although it was through the act of a third party (an employee) and therefore the company is liable for a prosecution under s85(1) of the Act. Alternatively there are cases where the duty of the causation rule to take precautions to prevent loss caused by third parties as identified within Stansbie v. Troman [1948]12. The example of Stansbie demonstrates that a common sense answer to the question of causation for the purpose of attributing responsibility under the same rule without knowing such rule cannot be given. 8 Environment Agency Enforcement and Prosecution Policy (November 1998) 9 NRA v. Wright Engineering Co. Ltd [1994] 4 All ER 281 10 Alphacell Ltd v. Woodward [1972] AC 824, 847 a-b 11 Cambridge Water Co v. Eastern Counties Leather Plc. [1994] 2 AC 264, 305f 12 Stansbie v. Troman [1948] 2 KB 48 Therefore is the duty of a s85(1) prosecution includes a responsibility for acts of third parties. It is clear that the liability identified within the Act is strict and therefore it does not require mens rea in the sense of intention or negligence, the offence within this case is that of public nuisance as in Alphacell Ltd v. Woodward. Nuisance Is an interference with an occupiers use or enjoyment of land where there has been substantial injury to property or personal discomfort. This is evident within the Brockwell case, as there is evidence of death fish; this would quite possibly cause a nuisance for the local angling population and therefore should be taken in to consideration when summing up of the case is commenced. The Hoffmann Test Causation Within Empress, Lord Hoffmann attempted to encapsulate the law on causation, by providing magistrates guidance on s85 prosecutions therefore being able to forestall13 any likelihood of future appeals. The true common sense distinction14 which Lord Hoffmann made between causation and breaking the chain of causation by the defendants acts, omissions or polluting event has been applied to several cases and would be applied in this instance within the case of Brockwell. 13 Journal of Planning and Environment N Parpworth Law 2009, Who may be liable for an offence contrary to s85 of the Water Resources Act 1991 14 Empress [1998] 1 All ER 481 at 491 HL Causation The meaning causation is well defined within the House of Lords decision in Alphacell Ltd v. Woodward [1972] and within Empress Car Company (Abertillery) Ltd v. NRA [1998]. The test within the Alphacell decision relates to the simple decision on causation and requires that the defendant simply carries on with an activity which causes a pollution incident. The courts have repeatedly indicated that the notion of causing is one of common sense. The decision and subsequent judgement from Lord Hoffman in Empress will be relevant to the proceedings within this case as Lord Hoffman laid down five key guides for magistrates and judges to follow. Firstly that the court should require that the prosecution identify what the defendant has done to cause the pollution. Secondly that the prosecution need not prove that the defendants actions caused the immediate pollution, If it is then established that the defendant did do something, it is then up to the court to decide that the defe ndant did do something to cause the pollution. The defendant did something which produced a pollution event by the efforts of a third party. The decision would also take into account whether the pollution act was a normal event or something extraordinary, for example an act by a third party or by a natural event. If the matter concerned an ordinary occurrence, then a break of the chain of causation would not occur and the defendant would be liable for causing the pollution. Only abnormal or extraordinary events can break the causation chain15. The chain of causation is evident, as Brockwells employees ignored systems and procedures for the disposal of a chemical by pouring the chemical in to a sluice gate, which flowed in to the controlled water. This would indicate that the companies procedural and employee training systems were not well controlled; therefore the company is negligent within its actions. Additionally within Brockwell there appears to be no abnormal or ex traordinary events that would have caused the break of the chain of causation. Negligence Water pollution is subject to Strict Liability under Common Law, this means that it is irrelevant if the defendant intended to cause the pollution incident. Liabilities for the pollution of groundwater may give rise to an action for negligence or nuisance as in Rylands v. Fletcher LR16, where negligence arises from a failure to exercise the care demand in the circumstances, as a plaintiff must show that he is owed a duty of care, that the duty has been breached and that any harm suffered is due to the breach that the plaintiff is owed. 15 Environmental Law Wolf and Stanley, Cavendish, 4th Edition, Chapter 4 p 141 16 Rylands v. Fletcher [1868] LR 3 HL 330 [1861 73] All ER Damages may be awarded upon proof that the harm caused was foreseeable by the defendant. Negligence would be placed upon Brockwell as the employees poured the chemical in to the sluice rather than disposing of the chemical correctly as per the companys operational guidelines. Rylands Rule The rule in Rylands v. Fletcher is where the land owner is strictly liable for the consequences of escapes from his property and where the land owner is engaged in a non-natural use of his land. Discussion of how the three points within Rylands apply in cases involving water pollution may be found in the land mark decision of the House of Lords in Cambridge Water Co Ltd v. Eastern Counties Leather Plc [1994]16a. This case is likely to have significant impacts in the future development of the law in this area for some considerable time and would be considered within the case of Brockwell. Acts of third parties including vicarious liability There is a well established principle within the law of tort that an employer is vicariously liable for the omissions or acts of his / her employees which is committed during the course of their employment. 16aCambridge Water Co Ltd v. Eastern Counties Leather Plc [1994] 2AC 64 Within a criminal context vicarious liability may be found and where it does exist it will be identifiable through the words of an offence creating provision. As within s85 (1) of the Act vicarious criminal liability can be imposed, although the Act does not expressly impose vicarious liability, as in National River Authority v. Alfred McAlpine Homes East Ltd[1994]17. In the event of substances that escape and pollute controlled waters from a companys premises, the company cannot escape a conviction for causing a water pollution event by blaming one of its employees who was the cause of the pollution (on proviso that the employee was acting within the terms of their employment something that will b e raised within the BP oil spill within the Gulf of Mexico). Criminal offences may be divided in to those that require full mens rea and that of strict liability. The definition of strict liability offences is where mens rea is not required in relation to one or even more elements of actus reus. The defendant company will be held vicarious liable for the acts and omissions from its employees, as identified within NRA v. McAlpine Homes East Ltd [1994], where it was identified that it is not necessary for the prosecution to prove that the managers who control the company were directly involved in the incident. 17 National River Authority v. Alfred McAlpine Homes East Ltd[1994] 4 All ER 286 QBD Knowingly permitting It is accepted that it is necessary to prove knowledge as to the circumstances of actus reus. S85(1) and s85(3) of the Act identify offences where actions of companies knowingly permitted pollution to controlled waterways. Liability for a companys knowledge of knowingly permitting is identified within the Act yet it still fails to prevent the action. As it is necessary to establish that the defendant knew about the water pollution, this offence is not an offence of strict liability as identified within Schulmans Inc v. NRA [1993]18. The case Price v. Cormack [1975]19 offers a useful insight into an offence of knowingly permitting. Discharge S 85 (3) of the Act identifies the term of discharge the identification is more restricted than that of the identification of the entry20 term. The terminology discharge is identifiable with the entry into controlled water by way of means of a pipe, channel or conduit, a substance that pollutes such a water course. It is not known as if Brockwell holds a discharge consent order, if they had then the subsequent pouring of the chemical in to the sluice would have constituted a breach of such an order which would constitute a breach of strict liability. 18 Schulmans Inc v. NRA [1993] Env LR Div 19 Price v. Cormack [1975] 1 WLR 988 20 Entry is identified within s85(1) and refers to a wide range of scenarios in which polling matter enters controlled waters. The term covers situations where polluting matter is deliberately introduced within controlled water. Each occasion a breach is identified a s85(6) offence is committed, although if the breach is minor then the Environ ment Agency is unlikely to prosecute as in Seven Trent Water Authority v. Express Foods Group Ltd [1988]21. Mitigating circumstances Whilst it is evident that Brockwell did in fact cause a pollution event in to a controlled waterway, the fact remains that the employees who created the pollution act for the company have been identified and corrective actions have been initiated. These facts should be considered when sentencing is summed up. If this was the first pollution case for Brockwell, then sentencing should reflect this on off incident. Although if this a subsequent case, then sentencing should reflect a continual failing to control polluting substances therefore issuing a stiffer penalty not exceeding the sentencing guidelines as in s85(6 a,b)22 similar to Robertson v. Dean Foods Ltd Sheriff Court (Tayside, Central and Fife) (Kirkcaldy) [2010]23, a small price for polluting the environment. 21 Severn Trent Water Authority v. Express Foods Group Ltd [1988] 22 On a summary conviction, which is either imprisonment for a term not exceeding three months, or a fine not exceeding  £20,000 or both, wit h the term of imprisonment not exceeding two years. 23 Robertson v. Dean Foods Ltd Sheriff Court (Tayside, Central and Fife) (Kirkcaldy) [2010] GWD 8-139. SEPA officers were alerted to a problem following a call on 19 July 2008 to SEPAs 24 hour pollution hotline, and on attending the officers saw dead fish, including trout, eels, minnows and sticklebacks. The source was narrowed down to a discharge point downstream of Redford Bridge. These deaths may have affected fish stocks for some time, as mature sea trout that would have spawned in the autumn were killed, having an impact far wider than the number of dead fish seen at the time. The exact charge D pled guilty to was on a controlled activity, namely an activity liable to cause pollution of the water environment in that he did discharge chicken slurry into the surface drain at Sheep Pens via the railway drain without the authority of an authorisation under the after-mentioned Regulations; contrary to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 Regulation 5 and 40(1)(a) and the Water Environment and Water Services (Scotland) Act 2003 Section 20(3)(a). D was fined  £3,750 Sentencing The area of criminal litigation within the field of environmental litigation is ready for a review24 as the case of Environment Agency v UCE Ltd [2010] where 240 hours of community order were issued and a fine of  £8,000. Even from this case there is evidence that we are still using an antiquated 19th century legal system rather than a 21st century one25. At present any fines which are raised against a defendant go directly in to the treasury and not back in to the benefit of the environment. As indicated by the UCE case fines are small and sentences even smaller. Similarly within R V. Milford Haven Port Authority [2000]26 where Lord Bingham LJ did not feel that he could do more than draw attention to the factors which were relevant to sentence. Within R. v. Anglian Water Services Ltd27 a case where pollutants killed fish where as a river was polluted over two kilometres and serious damage was done to the wildlife and fish that lived in it. The case had been committed to th e Crown Court due to the magistrates declining jurisdiction. 24 Environmental Law, D, Hughes, T, Jewell, N, Parpworth, P, Prez, Butterworths, 4th Edition 2002 p 48 25 Environmental Law, D, Hughes, et al p 48 26 R v. Milford Haven Port Authority [2000] JPL 943 27 R. v Anglian Water Services Ltd Court of Appeal [2003] EWCA Crim 2243; [2004] 1 Cr. App. R. (S.) 62; [2004] Env. L.R. 10; [2004] J.P.L. 458; (2003) 147 S.J.L.B. 993; Times, August 18, 2003; The court had found that Anglian Water was grossly irresponsible in its failure to have a safety system in operation. Anglian water contested that the Act was not a criminal one since s85(3) did not require mens rea. Interestingly Anglian water submitted that there was no causative culpability and that a high fine would impact upon investment. It was held by the court allowing the appeal that the original fine was manifestly excessive for a single offence and was reduced to  £60,000. The offence was a strict liability offence whereas cases had to be considered on their merits. Anglian water had acted promptly to limit the damage and made sure measures were taken to prevent a recurrence. Additionally Anglian Water had pleaded guilty and there was no question of Anglian Water having deliberately cut corners to save costs. However, the fine had to be at a level to make an impact on the company to overcome any suggestions that it was cheaper to pay fines than undertake any work that was necessary to prevent the offence in the first place. In this case the magistrates appeared to have been correct to refuse jurisdiction and they should always do so if they thought an offence under s 85 may warrant a fine in excess of  £20,000. Conclusion If the object of Criminal Law is to prevent the occurrence of damaging actions which affect society, then it would be non productive for the Courts to turn a blind eye to cases which are caused by accidents, carelessness or negligence. The question of motivation of Brockwells employees is in the first instance, irrelevant28. Brockwells management admitted liability for the acts of its employees and by using the Anglian Water case against the scenario of Brockwell there would appear to be a similarity. Brockwell indicated admittance to their act, the question would be as to what size is the polluting company and therefore how large would the fine be. Taking in to account the Anglia Water case it would appear that the amount could be not in excess of  £20,000 and more within the region of around  £3,000 to  £5,000. Within the case of Fred Churchill (Construction) as previously mentioned there is a breach of Environmental Protection Act 1990 and not a breach of s85 of the Act. Within the information provided there is insufficient evidence that the illegal dumping of the removed substance leached or could have leached in to the River Trent. 28 B Wootton, Crime and Criminal Law 2nd Edition, London, Sweet and Maxwell 1981 at 47 Therefore with respect to the Act, there would be no case to bring against Churchill (Construction). Will it ever be satisfactory for environmental law to be dependable on guidelines developed for another area of law29? 29 Wasa International Insurance Co Ltd v. Lexington Insurance Co [2009] HL 40

Conflict Can Reveal Unexpected Qualities in an Individual

Conflict can reveal unexpected qualities in an individual. Philosopher Emerson once said â€Å"every coin has two sides; so do conflicts†. In the pages of human history, conflicts are unavoidable and while major conflicts such as war have been evil forces in the world it can also produce very positive results. That is not to say conflict is entirely positive. When conflict arises there are those individuals that show unexpected qualities; those assets that are sudden and unforseen. These assets can be seen in the movie The Sapphires through the character Dave and on a global scale through Mandela. Unfortunately there are also those individuals who in the midst of conflict express unexpected negative traits. This can be seen through the†¦show more content†¦This can also be seen in the individual Seung-Hui Cho. Similarly Seung-Hui Cho shows unexpected failings during conflict. When a situation is perceived as a threat, our bodies instinctively prepare us to either stay and fight or run away. A person can go through most of their life without encountering a conflict large enough to bring out these qualities, so when one does arise, these qualities can be seen to be unexpected. A perfect example of this is The Virginian Tech Massacre. Seung-Hui Cho killed 32 people and then himself in the worst mass shooting in U.S history. The attack was seen as completely unexpected, as he was perceived as a quiet unassuming boy. It was later revealed, however, that he had been bullied by fellow students and mocked for his shyness and for the way he spoke. The conflict he faced every day through constant taunting leads him to act in an appalling and horrific way. There is no general response for individuals when it comes to conflict. Everyone responds differently and therefore express different positive qualities or negative traits. 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