Geometric Morphometrics Analysis of Fish

Geometric Morphometrics Analysis of Fish Use of Fish Geometric Morphometric Markers for Characterizing Shape Variations of Selected Fishes: Family Leiognathidae in the Marine Waters of Zamboanga City, Western Mindanao, Philippines Roldan T. Echem Abstract [AU1] In this investigation, geometric morphometric analysis was used to determine the extent and degree of morphological diversity within and among four species of fishes under Family Leiognathidae and one out-group under Family Menidae collected in the marine waters of Zambonaga City. A total of 200 of fish samples, these include Leiognathus equulus, L. fasciatus, L. bindus, L. daura and one out-group Mene maculata which showed evolution and diversification of L. fasciatus, were subjected to various geometric morphometric analyses. Fish samples were scanned at uniform 400 dpi and the resulting images were binarized using SCIONIMAGE, an image analysis and processing software. The x and y coordinates of a total of 15 landmark points were collected from around the contour of the fish samples. For the landmark analyses, the 15 landmark coefficients were used as morphometric variables for multivariate and cluster analyses in order to assess its shape. Procrustes fitting of the landmark points allowed for the comparison of the various shapes of the fish samples. The resultant shape variables were analyze to determine differences in form, contour and profile of the fishes using geometric thin-plate spline grids (TPS), partial warps (PW) and relative warps (RW). Results of this study showed variations in the various species of fishes under Family Leiognathidae and within each species. Significant differences were found among species and these shape changes are probably related to differences in habitat and feeding habits among the species. Keywords: Biology, Leiognathidae, Geometric morphometrics, Partial-warp scores, Multivariate  Analysis, Western Mindanao, Philippines Introduction [AU2] Leiognathids are schooling, bacterially bioluminescent fishes abundant in coastal bay and estuarine environments throughout the Philippine Islands (Borja, 1978)[AU3]. The family is readily divided into three genera namely; Gazza, Leiognathus and Secutor, but due to the wide geographical distribution of the family and morphological similarity of the species within genus, much confusion presently exists over identification of the 20 to 30 species (Borja, 1978; James, 1985)[AU4]. Menidae (moonfishes) are a morphologically distinctive group represented by a single recent and numerous fossil species. Members of this family are easily recognized by their laterally compressed disc-like bodies, dorsally oriented mouth large, distinctly shaped maxillae and long ascending processes of the premaxillae, anteroposteriorly elongated dorsal and anal fins with relatively short rays, and narrow pelvic fins with a compressed and greatly elongated second ray. This unique morphology is conserved over th e known fossil history of this group, and characterizes the only extant member of Menidae, Mene maculata (Bloch and Schneider, 1801)[AU5]. This recent form is found throughout the Indo-Pacific, ranging from the eastern coast of Africa, India, the Philippines, northern Australia, and Japan. The phylogenetic affinities of Mene have been the subject of some historical debate. Morphological characters have been commonly used in fisheries biology to measure discreteness and relationships among various taxonomic categories (Bookstein, 1991). However, the major limitation of morphological characters at the intra-specific level is that phenotypic variation is not directly under genetic control but subjected to environmental modification. Blake (1983) stated that the phenotypic plasticity of fish allows them to respond adaptively to environmental change by modification in their physiology and behavior which leads to changes in their morphology, reproduction or survival that mitigate the effects of environmental variation. Such phenotypic adaptations do not necessarily result in genetic changes in the population, and thus the detection of such phenotypic differences among populations cannot usually be taken as evidence of genetic differentiation. According to Sparks (2004) that environmentally induced phenotypic variation may have advantages in the stock identif ication, especially when the time is insufficient for significant genetic differentiation to accumulate among populations. A fundamental problem facing systematists and comparative biologists is that of deciding just how two separate phenotypes are different. Geometrics morphometric analyses can thus be a first step in investigating the stock structure of species with large population sizes of Leiognathids and Menids. No study so far has examined the relation of body form in these groups of fishes using the methods of geometric morphometrics analyses of landmark data. Morphometric studies are based on a set of measurements which represent size and shape variation and are continuous data. The geometric morphometric analysis covers the entire fish in a uniform network, and theoretically should increase the likelihood of extracting morphometric differences within and between species (Rohlf, 1990). There is evidence that geometric morophometric analysis is much more powerful in describing morphological variation between closely related fish taxa than traditional measurements (Turan, 1998). When combined with multivariate statistical procedures, they offer the most powerful tool for testing and graphically displaying differences in shape (Loy et al. 1993, Rohlf and Marcus 1993, Rohlf et al. 1996). The main objective of this paper was to use geometric morphometric analyses to determine the extent and degree of morphological diversity within and among four species of fishes under Family Leiognathidae and one out-group under family Menidae collected in the marine waters of Zamboanga City. Second, to determined patterns of significant differentiation and its biological implications, and third, to analyzed the taxonomic classification of the four species fishes belonging to family leiognathidae and one out-group under family menidae based on their morphological characters. Method [AU6] A total of 200 of fish samples, these include Leiognathus equulus, L. fasciatus, L. bindus, L. daura and one out-group M. maculataan evolution and diversification of L. fasciatus, were subjected to various geometric morphometric analyses (Figure 1). Figure 1. Fish samples under family Leiognathidae and family Menidae. Geometric morphometric methods usually begin with digitized images. The fish samples were scanned at uniform 400 dpi and the resulting images were binarized using SCIONIMAGE, an image analysis and processing software. The x and y coordinates of a total of 15 landmark points were identified and collected from around the contour of the fish samples (Figure 2). Figure 2. Relative positions of all landmarks assigned on the body of the fishes. landmark’s  description (Leiognathus equulus in the example): (1) snout tip; (2) nostrils;  (3) anterior and posterior;(4) insertion of the dorsal fin; (5) insertion of the second  dorsal fin;(6) origin of the caudal fin;(7) middle of the caudal fin;(8) insertion of the  caudal fin;(9) insertion of the anal fin;(10) origin of the anal fin;(11) origin of  Ã‚  the pelvic fin;(12) origin of pectoral fin;(13) posteriormost margin of the  operculum;(14) junction between maxilla and upper lip;(15) middle of the eye Then contours of the fish samples were then summarized as chain codes. For the landmark analyses, the 15 landmark coefficients were used as morphometric variables for multivariate statistical analyses and hierarchical cluster analyses in order to assess the shape. To remove all information unrelated to shape, a generalized orthogonal least-squares Procrustes (GPA) superimposition (translation, scaling and rotation) described in Rohlf and Slice (1990) was conducted on the sets of landmarks. Procrustes fitting of the landmark points allowed for the comparison of the various shapes of the fish samples. Consensus configurations of each species were subjected to thin-plate spline (TPS), partial warps (PW) and relative warps (RW) to determine variations in shapes through examination of the deform shape of the grids. The extent and degree of variability within and between species belonging to the same family leiognathidae including the out-group were also assessed using the method of Principal component analysis. PCA is a discriminant function analysis to confirm size and shape variations. PCA involves the calculation of the eigen value of the data and the results of a PCA are usually described in terms of component scores and loadings. Discriminant function analysis is used to determine which variables discriminate between two or more naturally occurring groups. Canonical analysis are obtained to performed a multiple group discriminant analysis and automatically determine some optimal combination of variables so that the first function provides the most overall discrimination between groups, the second provides second most, and so on. The uniform components were tested for significant differences among species by multivariate analysis of variance MANOVA: (Neff and Marcus 1980). Multivariate anal ysis of variance was performed to test for significant differences in shapes between species, a multivariate was obtained F value (Wilks lambda) based on a comparison of the covariance matrix. Results and Discussion [AU7] Table 1 revealed that there was a high significant difference between the x and y components (p = 0.0001) of the landmarks on the contours of the fish. Table1 Analysis of variance of the x and y uniform components Sum of squares df Mean of square F P Groups: 2.52 9 2.79 1.41 0.0001* significant Columns: 2.58 29 8.89 4.51 Interaction: 3.55 261 1.36 Within: 1.12 5700 197.2 Total: 3.19 5999 The extent and degree of variability within and between species belonging to the same family Leiognathidae including one out-group under family Menidae were also assessed using the method of Principal component analysis. The result of PCA shows largest component scores at 96.9%. The first principal component showed high significance and accounts for as much of the variability in the data, and each succeeding component accounts for as much of the remaining variability (Table 2). Table 2 Principal Component Analysis (PCA) of the 5 Groups of Fishes Species Sex Eigen Value Variance 100% Leiognathus equulus Male 28.81 69.45 Female 25.52 39.61 Leiognathus fasciatus Male 32.89 96.9 Female 17.5 83.78 Leiognathus bindus Male 11.14 57.6 Female 18.9 40.43 Leiognathus daura Male 13.82 37.17 Female 15.69 50.58 Mene maculata Male 30.9 78.61 Female 18.9 85.17 Figure 3 shows that the canonical analysis was performed to automatically determine some optimal combination of variables that provides overall discrimination between groups. Results showed that the shape variations can be attributed to changes in the upper lip, caudal fin and pectoral fin and dorsal fin as shown in the deformation of shapes of the grids. The 1st relative warp extracted from the matrix of the partial-warp scores accounted for about 69.45% of the total nonaffine shape variation, whereas the 2nd relative warp explained 39.61% of the total variation. The 1st relative warp is characterized by shape changes along the upper lip between the male and female Leiognathus equulus. The specimens with highest scores on the 1st relative warp is between male and female Leiognathus fasciatus which accounted 96.9% variation and is characterized by shape changes along the dorsal fin. Biological meaning of these partial shape variations can be explained in the change in fin morphology and position, the central component of the evolutionary transformation of functional design in leiognathid fishes. Documenting phylogenetic patterns in the structure of the dorsal fin, caudal fin and pectoral fin, and interpreting the functional significance of such patterns, has been the subject of ongoing study by systematists (Breder, 1996). There is significant anatomical variation because of hydrodymic significance of evolutionary transformation in dorsal fin and the important similarities in patterns of diversity in fishes seem to indicate competition for food resources that may cause diversity in jaw apparatus among fish (Lauder, 2000). [AU8] Figure 3. Transformation Grid and Warps of the Five Species Including the Out-Group, Deformations of Grids in the Anteriormost Tip Or the Upper Lip, Dorsal Fin  and Caudal Fin. Table 3 shows that the canonical vector analysis indicated the existence of large and highly significant among group differences. The first discriminant variable is the caudal fin and highly significant (Wilks Λ = 2.0, F = 1.76, P= 0.002), the second variable that provides discrimination between groups is the pectoral fin and displayed high significance (Wilks Λ =1.0.35, F = 0.75, P= 0.81), and the snout tip (Wilks Λ = 0.51, F = 2.60, P= 0.002) and dorsal fin (Wilks Λ = 0.35, F =1.89, P= 0.002). Table 3 Canonical Vector Analysis Variable Var.N LambdaA P F Caudal fin 7 2 0.002 1.76 Pectoral fin 12 1 0.75 0.81 Upper tip 1 0.51 0.002 2.60 dorsal fin 4 0.35 0.002 1.89 Prosanta (2006) reported that the family Leiognathidae, commonly known as ponyfish or slip mouth, comprises three genera, each being characterized mainly by mouth morphology. The relationships allowed phylogenetic analyses of mouthpart structures and light organ systems. The results suggested that the morphology of the mouthparts is ancestral in the family. The results also suggested that internal sexual dimorphism of the light organ system was present in the common ancestor of a sister clade to L. equulus, whereas external sexual dimorphism seems to have evolved subsequently in two monophyletic subgroups. The evolution and diversification of L. fasciatus to other group Mene maculata under family menidae support the result of this study that the out-group exhibited similarity of morphological features from L. fasciatus. The analysis of the shape differences depicted in the fish species sampled mainly according to their systematic relationships. This agrees with the findings of Loy et al. (1993) and Rohlf et al. (1996), that the shape components may contain more taxonomic information than the uniform components of shape variation. The shape variation using geometrical analysis of landmark data can describe and locate differences of form in organisms more efficiently (Bookstein 1991). This approach has been shown to yield the most accurate information in fish morphological studies (Walker 1996; 1997), [AU9]and is expected to find increasing applications in the near future. As reported by Loy et al. (2001) shape differences between 3 sparids of the genus Diplodus juveniles appear to be related to ecological differences in their ecology. Webb (1984) [AU10]showed evidence that body shape is a reliable indicator of the swimming behavior and the ecology of fish. The link between morphology and diet in fish is provided by feeding performance (Norton 1991; Wainwright 1991; Motta and Kotrschal 1992). [AU11]As suggested by Wainwright and Richard (1995),[AU12] morphology and shapes is influence on a fish’s feeding capability. A major challenge in fish ecology is to establish the linkage between morphology and diet. Functional morphological, biomechanical, and physiological analyses may be used to determine the expected consequences of morphological variation on feeding performance (Wainwright 1988).[AU13] Conclusion and Recommendation[AU14] In this present study, the findings reveal the potential power of the use of geometric morphometric markers for characterizing shape variations in several species of fishes under family Leiognathidae for identifying phenotypic stocks. The geometric system can be successfully used to investigate stock separation within a species that allows, in a long term, a better and direct comparison of morphological evolution of stocks, while using the same set of measurements. Results of this study revealed variations in shape of the selected species of fishes under Family Leiognathidae and within each species and one out-group under family Menidae. Significant differences were found among species with respect to caudal fin, pectoral fin, upper lip and dorsal fin. These shape changes are probably related to differences in habitat and feeding habits among the species. This present study concluded the usefulness of the geometric morphometric system as a fisheries management tool and it is capable of examining large numbers of samples in a short time. It is also effective in identification of stocks and improving the biological basis of management of fishes. References Bookstein, FL. (1991). Morphometric tools for landmark data. Cambridge Univ. Press, p 435. Blake, R.W. (1983). Functional design and burst-and-coast swimming in fishes. Can J Zool, 61  (11):2491–2494 Breder, .CM. (1996). The locomotion of fishes. Zoologica, 4:159–297. Sparks, J.S. (2004). Phylogeny and biogeography of cichlid fishes (Teleostei: Perciformes: Cichlidae)  Cladistics, 20 (6), 501-517. Loy, A.; Bertelletti, M.; Costa, C; Ferlin, L. Cataudella, S. (2001). Shape changes and growth  trajectories in the early stages of three species of the genus Diplodus (Perciformes,  Sparidae). J Morphol, 250:24–33. Prosanta, C. (2006). Evolution and diversification of a sexually dimorphic luminescent system in  ponyfishes (Teleostei: Leiognathidae), including diagnoses for two new genera. Cladistics,  20 (6), 501-517. Rohlf, F.J. (1990). Rotational fit (Procrustes) methods. In FJ Rohlf, FL Bookstein, eds. Proceedings of  the Michigan Morphometrics Workshop. Special Publication No. 2. Ann Arbor: Univ. of  Michigan Museum of Zoology, pp. 227-236. Rohlf, F.J. (1993). Relative warp analysis and an example of its application to mosquito wings. In LF  Marcus, E Bello, A  [AU15] Rohlf, F.J. (1995). Multivariate analysis of shape using partial-warp scores. In KV Mardia, CA Gill, eds.  Proceedings in current issues in statistical shape analysis. Leeds: Leeds Univ.Press,  pp. 154-158. Rohlf, F.J. (1996). Morphometric spaces, shape components, and the effects of linear  transformations. In LF Marcus, M Corti, A Loy, G Naylor, DE Slice, eds. Advances in morphometrics. NATO ASI Series A: Life Sciences, 284.[AU16] Rohlf, F.J.; Loy, M. Corti (1996). Morphometric analysis of Old World Talpidae (Mammalia,  Insectivora) using partial-warp scores. Syst. Biol. 45: 344-362. Rohlf, F.J. Marcus, L.F. (1993). A revolution in morphometrics. Trends Ecol. Evol. 8: 129-132. Rohlf, F. Slice, D.E. (1990). Extensions of the Procrustes method for the optimal superimposition of  landmarks. Syst. Zool., 39: 40-59. Turan, C. Basusta, N. (2001). Comparison of Morphometric Characters of Twaite Shad (Alosa fallax  nilotica, Geoffroy Saint-Hilaire, 1808) among three areas in Turkish Seas. Bull. Fr. Peche  Piscic. ; 362/363 : 1027-1035. Smith, P.J. (1990) Protein Electrophoresis for Identification of Australian Fish Stocks. Aus. J. Mar.  Fresh. Res., 0; 41: 823- 833. [AU17] [AU1]  236 words Ok [AU2]  598 words OK [AU3]  Not found in the References. [AU4]  Not found in the References. Use the more recent work. [AU5]  Not found in the References. If possible use their more recent work. This is very very old source. [AU6]  485 words OK [AU7]  944 words – Add some more. The Results and Discussion (combined) should be at least 1, 200 words in length. [AU8]  Not found in the References [AU9]  Not found in the References [AU10]  Not found in the References [AU11]  Not found in the References. [AU12]  Not found in the References. [AU13]  Not found in the References. [AU14]  178 words only – Add some to make the length at least 300 words. [AU15]  NOT cited in the text. Recheck and complete the information items. If book, add place of publication publisher [AU16] Not found in the text [AU17]  Not cited in the text.

Criminal Law Intoxication Essay

For hundreds of years, it has been assumed that individuals behave more aggressively while under the influence of alcohol. Alcohol related crimes cost the UK taxpayer  £1.8 billion on average per year . However, society has taken an ambivalent attitude towards intoxication. Alcohol consumption is generally depicted as a puritanical moral barrier used to escape pain and the harsh realities of life. Intoxication can conversely be portrayed as a sign of weakness, impeding human reasoning leading individuals to behave in an unacceptable manner. Does this lack of consistency in society’s opinion reflect the clarity of the law as regards to when intoxication can be a defence? Drunkenness was a crime punishable by imprisonment in the form of stocks or a fine from 1607 to 1828. The law in this area concentrates on whether the accused who committed the prohibited act, has the necessary mens rea due to voluntary or involuntary intoxication. There are two extreme approaches that the law could follow on intoxication; the strict subjective theory emphasizes the defendant lacked the required mens rea and supports the idea of absolute acquittal from liability. The absolutist policy theory highlights the importance of public protection and endorses punishment. This arena consisting of the two aforementioned principles have created a tangled web that leaves numerous questions unanswered. The law has tried to achieve an intermediate compromise, rejecting both theorems in favor of adopting different strategies for each criminal offence. An initial distinction has to be drawn between being drunk and being intoxicated. It was expressed in R v Sheehan and Moore that ‘a drunken intent is nevertheless an intent.’ A drunken individual would not be able to use the defence of intoxication, as he is still capable of forming the necessary mens rea. The case of R v Stubbs stated that intoxication needed to be ‘very extreme’ as it is impossible to form the mens rea due to the effect of copious amounts of alcohol. This essay will investigate the situations when intoxication can be used as a defence, analyzing the decision in R v Majewski and its impact on the specific and basic intent dichotomy. The Law Commission has taken a ‘stripped-down approach’ attempting to codify the main principles of the common law regarding voluntary and involuntary intoxication. There is an opinion that ‘there is much in the Report to commend it’ but others have drawn attention to the production of ‘head scratching provisions’ leading some to question whether intoxication should be called a defence at all. The Scottish Law Commission have recognized the difficulty in reforming the law and have stated ‘intoxication as a complete defence in all circumstances would be extremely serious.’ To what extent is intoxication used as a defence in criminal law and should the legal boundaries be clearer? Voluntary Intoxication Voluntary intoxication is defined in the Butler Committee Report as ‘the intentional taking of drink or a drug knowing that it is capable in sufficient quantity of having an intoxicating effect.’ In reality, the law does not support the stringency of this explanation. The main rationale is that the intoxicant must be able to impair the defendant’s rationality and human reasoning abilities. In the case of R v Hardie, the question of whether valium could be classed as an intoxicant arose. The defence was that the valium was only administered for relaxant purposes and according to Lord Parker, ‘there was no evidence that it was known that the appellant could render a person aggressive.’ Does this mean the court has to decide whether a substance is an intoxicant individually for each case? The Law Commission believes this approach is overall inadequate. The law in England and Wales presumes that intoxication is voluntary unless evidence is produced that allows the court or jury to conclude that it was involuntary. Recent government proposals refrain from attaching a definition to ‘voluntary intoxication,’ preventing the creation of a narrow approach developing. Consequently, voluntary intoxication is not a defence in the law but it can become a mitigating factor and be considered as a â€Å"partial excuse† reducing the echelon of criminal liability. This area has caused serious problems in English criminal law, as it is fraught with ambiguity and uncertainty. How should the law decide the effect voluntary intoxication has on the defendant’s liability? The effect of voluntary intoxication on the mens rea of criminal acts is often comprised of the defendant foreseeing the consequences or intending their occurrence. The strict subjective theory emphasizes that intoxication will always be relevant to the outcome of the case but the absolutist policy theory allows the possibility to escape liability completely. Each theorem supports contrasting trains of thought and makes the options for reform more unenviable and unclear. In an attempt to reach a ‘compromise’ and stabilize the theoretical problems and public policy issues involved, the law has categorized criminal offences into two groups; specific and basic intent offences. Despite the broad scope for divergence, the Law Commission has approved the common law’s implementation of this â€Å"midway course† distinction. Specific and Basic Intent Dichotomy ‘All people have the right to a family, community and working life protected from accidents, violence and other negative consequences of alcohol consumption.’ The essence of the law in England and Wales is not dissimilar to this aim in that intoxication can provide a defence to crimes that are of specific intent, but not to those that are of basic intent. The House of Lords in the leading case of Majewski depicted this approach, which has been dubbed a ‘dichotomy.’ They declared it must be proved in specific offences that the defendant lacked the necessary mens rea at the time of the offence. It is for the prosecution to establish the actual intent of the defendant, taking into account the fact that he was intoxicated. In crimes of basic intent, the actuality that intoxication was self-induced provides the necessary mens rea. The original distinction between crimes of specific and basic intent initially appeared to be clear: the courts did not want a defenda nt to escape liability for his crimes caused during his intoxication. In practice, the distinction is difficult to ascertain and has created incongruity in the law. The courts also desired the dichotomy to be flexible allowing partial defences and mitigation in some cases. Simester argues this similarity is ill founded, as ‘intoxication is a doctrine of inculpation†¦and work in opposite directions.’ Simester’s view regarding the dichotomy is persuasive but I believe clarification is needed before the law can be deemed acceptable. Lord Simon developed another analysis where ‘the prosecution must in general prove that the purpose for the commission of the act extends to the intent expressed or implied in the definition of the crime.’ Another approach put forward was the ‘ulterior intent test,’ which was more widely accepted. This supports the idea that in specific intent crimes, the mens rea extends beyond the actus reus and in basic intent crimes, the mens rea goes no further than the constituents in the actus reus. However, the most prevalent explanation, the â€Å"recklessness test,† which was given by Lord Elwyn-Jones and later approved in the House of Lord’s decision in the case of R v Caldwell. An individual is Caldwell-type reckless if the risk is obvious to an ordinary prudent person who has not given thought to the possibility of there being any such risk, or if the individual has recognized that there is some risk and has nevertheless persisted in his actions. This test states intoxication can only be relevant to crimes that require proof of intention and it is immaterial to crimes that are committed recklessly. Lord Diplock took the objective view that classification of offences into basic or specific intent was irrelevant where â€Å"recklessness† was satisfactory to form the mens rea. However, the distinction between the varying offences is important if the intoxicated person who is charged with an offence of basic intent has thought about a possible risk and wrongly concluded it to be negligible. In this case, there is a lacuna in the â€Å"recklessness test.† The defendant would be acquitted unless convicted under the Majewski ruling on the basis that the actus reus of an offence of basic intent has been committed. Lord Edmund-Davis dissented arguing ‘however grave the crime charged, if recklessness can constitute its mens rea the fact that it was committed in drink can afford no defence.’ Is this too harsh to adhere to the justice proclaimed in the English legal system? The case of R v Heard, the Court of Appeal rejected the recklessness test in favor of the â€Å"purposive intent† and â€Å"ulterior intent† test. The judgment contains vast amounts of ambiguity with the difficulty of ‘fitting an offence into a single pigeon hole.’ The â€Å"recklessness† test was finally confirmed in the 1980 Criminal Law Revision Committee Report and provided an ample explanation for voluntary intoxication. The offence of rape provides a good illustration of the difficulties involved in the â€Å"recklessness† test. The case of R v Fotheringham concerned the rape of a 14-year-old girl by an intoxicated husband who mistakenly underwent sexual intercourse in the belief that the girl was his wife. The offence of rape at that time could be committed recklessly but this has been altered to the principle of ‘reasonable belief.’ The court had to decide whether the defendant had an intention to carry out unlawful sexual intercourse or whether recklessness was sufficient for conviction. Public policy of protection triumphed over the strict subjective theory where intoxication would prevent liability and defined rape as a basic intent offence. The recent case of R v Rowbotham (William) concerning the offences of murder, arson with intent to endanger life and burglary were invalidated where defence expert evidence showed the defendant’s mental abnormalities combined with extreme intoxication had prevented him from forming the specific intent necessary. This case illustrates the dichotomy is still used by courts today despite aspirations for reform. Involuntary Intoxication The courts have taken a moderate approach to defendants who have become intoxicated through no fault of their own. The most common cases of involuntary intoxication involve intoxication that is unknowingly induced by a third party. The main principle is that a defendant will not be held liable for any crimes they carried out while involuntary intoxicated. Their transparency and lack of knowledge shields their ability to form the necessary mens rea. This is not a â€Å"blanket† rule and there are various requirements as to what satisfies the definition of ‘involuntary intoxication.’ Lord Mustill in R v Kingston described the phenomenon as a ‘temporary change in the mentality or personality of the respondent, which lowered his ability to resist temptation so far that his desires overrode his ability to control them.’ He declared the Court of appeal supported the view that protection flows from the ‘general principles’ of the criminal law, b ut what exactly does the term â€Å"general† entail? The first criterion is that the defendant cannot claim they are involuntarily intoxicated if they were misinformed about the description or specific alcohol content. This is illustrated in R v Allen where a man was convicted of indecently assaulting his neighbour even though he had no knowledge of the high alcohol content of the home made wine that he was drank at home having returned from the pub. The second criterion imposed by the courts is that the defendant must have been intoxicated to the point where it would be impossible to form the mens rea to commit the crime. The case of R v Beard created the rationale that there is no remedy if an individual’s inhibitions are lost due to involuntary intoxication. This case was more complex as it involved succession of acts; the defendant whilst intoxicated, raped a 13-year-old girl, placed his hand on her mouth to stop her from screaming, and thus suffocating her resulting in her death. The trial judge at first instance erred in a pplying the test of insanity to a case of intoxication, which did not amount to insanity. Has the ambiguity in this case been eradicated? A recent paradigm of involuntary intoxication can be seen in the Kingston case involving a situation where a 15-year-old boy was drugged and indecently assaulted after the defendant’s drink was spiked. The trial judge directed the jury to convict if they found that the defendant had assaulted the boy pursuant to an intent resulting from the influence of the intoxication. The Court of Appeal upheld the appeal on the basis that it was the defendant’s ‘operative fault.’ Smith has depicted this outcome as ‘surprising, dangerous and contrary to principle.’ The opinion of the House of Lords, who took a narrow view of blame, was Smith’s preferred alternative but others favor the creation of a new common law defence determined by character assessment. Sullivan has described this as comparing the defendant’s â€Å"settled† character with their â€Å"intoxicated† character. If the character is ‘destabilized, he should have an excuse.’ Should the blame not be directed at the 3rd party instead of the defendant though? This method creates a schism between the relevant blame and moral fault. As a consequence, mens rea is being given a more normative meaning negating its cognitive counterpart. However, the Commission is adamant to reject the creation of a new approach and wishes to give statutory effect to the decision in Kingston. They believe that ‘there should be no defence or reduced inhibitions or blurred perception of morality where the defendant’s condition was caused by involuntary intoxication.’ Only time will tell, if the legal reform bodies will cling to their orthodoxy or embrace change. Dutch courage and diseases of the mind To what extent is alcohol-related crime attributable to those with already dysfunctional lives, with a propensity to problematic behaviors, rather than apparently ‘normal’ people engaging in criminal acts when intoxicated? The union of actus reus and mens rea is known as contemporaneity. It is necessary to establish for a conviction to be successful. However, the Dutch courage rule, where the accused gets into a drunken state after deciding to commit a crime, is an exception to this principle. It was decided in Attorney General for Northern Ireland v Gallagher that the accused would be liable for the crime even though they were too drunk to satisfy the required mental element. Lord Denning declared ‘the wickedness of his mind before he got drunk is enough to condemn him.’ Although, it has been recognized that ‘it is almost inconceivable that the case envisaged could ever arise.’ The sale and consumption of alcohol are legal so should we accept t he consequences of diminished responsibility as a cause of criminal activities if perpetrated whilst under the influence? There has been more discussion surrounding the affiliation between alcohol and diseases of the mind. The case of R v Dietschmann concerned a defendant who was intoxicated at the time of the killing that suffered from a mental abnormality due to a recent bereavement. Lord Hutton said ‘drink cannot be taken into account as something which contributed to his mental abnormality.’ The main principle is that drunken defendants are not excluded from pleading diminished responsibility or insanity if they suffer from mental abnormalities. Ashworth believes the task of the jury to decide whether the mental abnormality affected the mens rea is ‘fearsomely difficult.’ Medical experts to some extent aid the task of the jury but the margin for error is significant as the effect of drink and drugs is unique to every individual. It has also been argued that there could potentially be a genetic predisposition to alcoholism but the scope of this is unknown. Tolmie’s conceptualizations of the ‘disease model’ and the ‘habit model’ are eccentric and provide light recovery from psychoanalytic evaluations. I particularly enjoy the fact that she has highlighted the importance of ‘normal human processes†¦and bad choices,’ which are often overlooked. She concentrates on the need for treatment for defendants and does not fall into the trap of defining intoxication as an express defence. The current position of the law in this area is unfair as it deforms other doctrines, supports unprincipled sentencing and punishes some defendants far more than they deserve. Adoption of a generic, doctrinal mitigating excuse of â€Å"partial responsibility† with application to all crimes would solve these problems. This alternative option would function in a similar manner to the ‘not proven’ verdict used in Scotland. In the end, to provide blame and punishment reduction based on fair respon sibility ascription will not support a denial of responsibility. Reform Certain statutes expressly state that a defendant has a defence if they possess particular beliefs. Does this apply where a belief is acquired through intoxication? There is only one type of case where an intoxicated belief can be used as a â€Å"defence.† In the case of Jaggard v Dickinson, the defendant appealed against a conviction of reckless criminal damage to property. The accused, owing to voluntary intoxication, mistakenly but honestly believed that she was damaging the property of a friend and that they would have consented to her doing so. A major anomaly in the law is found when the approach taken in Jaggard is contrasted with that taken in Majewski where the Criminal Justice Act 1967 was not relied upon. Wells has commented that ‘it is difficult to see how†¦the sections perform any different function.’ The area surrounding drunken mistakes is just one theme encircled with uncertainty. There has been much discussion of reform regarding the position of intoxication in the law. The concepts of basic and specific intent are ambiguous, confusing and misleading. The Law Commission has created a proposal to abandon them but the substance of the distinction has been retained. The main question regarding the specific and basic intent dichotomy is the affect it has on the voluntary intoxicated defendant’s liability. The blameworthiness of the defendant is expressed by an evaluation of criminal liability. An enlightened system of criminal justice should respond differently to ‘common criminals’ and voluntary intoxicated defendants. If a man commits mischief when intoxicated, should society take steps in the framework of the criminal law to prevent him? Judicial insistence upon the requirement of mens rea might remove the problem of antisocial drinking but alternatives will not develop if the courts allow these problems to be thrust upon them. The Majewski decision has been criticized as it allows conviction for causing harm where mens rea has not been formed. This is even the case where a defendant is convicted of a basic intent offence instead of a stricter specific intent offence. The House of Lords decision acknowledged the principle of allowing intoxication to be adduced to show that the mens rea for specific intent offences did not exist. They were persuaded by policy objectives to convict of basic intent offences despite the intoxication. This â€Å"midway course† is acceptable on policy grounds but it fails to accord with the basic principles of justice in the criminal law. Is this a clear and logical compromise? The idea to secure conviction for serious offences without satisfying the criteria of mens rea is conjured. This conflicts with the burden of proof, which is placed on the prosecution. This means the fictitious objective â€Å"recklessness† test allows conviction of offences, which require proof of subjective â€Å"recklessness.† The current rationale of the law is that the subjective reckless involved in becoming intoxicated is the moral equivalent of the subjective recklessness usually required for liability. A further criticism is that â€Å"recklessness† relates to the risk of becoming intoxicated and not to the risk of specific harm being caused. As a result, the liability for the harm caused whilst intoxicated goes against the principle of contemporaneity and is constructive, which is contrary to the trend of current law reform. The English law reform bodies have created proposals to replace Majewski with a separate offence of intoxication. This separate offence would remove the possibility of a complete acquittal, which is available in specific intent crimes. A disadvantage to the proposal would be the construction of a â€Å"status† offence with no mens rea involved. This contrasts with previous social policy illustrated in the case of Reniger v Fogossa where a drunken killer was hanged to death to protect human life. However, the Criminal Law Revision Committee rejected the idea of a new offence of intoxication and instead suggested the codification of the law, whilst approving the â€Å"reckless test.† Authors such as Jeremy Horder, who depicted the Law Commission’s efforts as making ‘little effort to discern any deeper principles underlying the common law’, have criticized the Law Commission attempts at clarifying the law. The reform bodies now intend to amend their previous proposals and return ‘to the subject with a stripped down approach.’ Conclusion Why is it taking an unbounded amount of time to evaluate reform of the law on intoxication when 61% of the population perceives alcohol-related violence as worsening? The bare components of the law on intoxication are complex but the added series of exceptions that the Law Commission have proposed to introduce, in my opinion, will undermine the principle of justice in England and Wales. The common law has found a reasonable balance between the subjective and absolutist theories but the ‘midway course’ of specific and basic intent is not satisfactory. The dichotomy requires the courts to evaluate individual criminal acts on their merits putting them into a category of specific or basic intent, which squanders the court’s time and thus, decreases the overall inefficiency of the legal system. Child’s innovative approach involving the correlation with subjective recklessness is an alternative to the recent reform proposals. He declares intoxication will constitute fault only where the burden is replaced by subjective reasonableness and if the defendant would have foreseen the risk if sober. The ‘midway course’ is preserved but in a clear and logical manner without a list of exceptions. However, I disagree with Child’s interpretation of intoxication as the equivalent to recklessness. I believe more research needs to be given to determine the extent of their connection and ultimately decide whether they are analogous or mutually exclusive. Ultimately, liability is ascertained by the intention element but how can this truly be deduced when automatons are intoxicated? Lady Justice Hallett in the recent case of R v Janusz Czajczynsk commented that ‘drinking to excess and taking drugs seems to us to be something of a two edged sword.’ It is tempting to view the defence of intoxication as denying a defendant ‘a valueless opportunity to exculpate himself by pleading his own discreditable conduct in getting drunk.’ However, it is impossible to accurately determine an individual’s thoughts at a precise moment and draw a line where a defendant’s account matches the truth. Simester suggests the intoxication doctrine is reversed to benefit prosecution, becoming constructive liability instead of a defence. I believe there is some accuracy in this initiative but it fails to address the main problem regarding the mental state of the accused. Should there be a common law or statutory defence of intoxication expressly declared? The courts and the Law Commission know the law is not clear and desire to reform the law only after exploring every open avenue. The Law Commission has rightly prioritized consistency, precision and simplicity in their Reports but ‘another round of re-evaluation’ is definitely needed before a firm conclusion can be established. We can only hope that time does run out, allowing the reform debate to finish sooner rather than later.

Call Of The Wild Character Analysis - 1699 Words

In The Call of the Wild by Jack London, Buck was a dog who served his master, Judge Miller, and protected his family. He did not have a difficult life; accompanying Judge Miller’s children or taking walks in the orchard was about as hard as it got. He referred to himself as the king over all creeping, crawling, flying things of Judge Miller’s place, humans included† (London 2). Buck, being a St. Bernard and Scotch Shepard mix, was a big dog in general, but not as large as he should have been. Nevertheless, he went hunting and took part in outdoor activities that kept him in great shape. Little did Buck know these attributes would help him in the future, as he will unwillingly embark on a life changing journey. This physical journey takes†¦show more content†¦Just about as quickly as he learned, Buck realized he wanted to be the leader of the dog sled team, but one thing stood in his way. This was the current leader Spitz, who was no nice dog. If some disc iplining needed to be done, Spitz was not scared to go above and beyond to get the task done. Seen as a big bully to all the other dogs, Spitz was not the canine to mess around with. Both Buck and Spitz knew one of them would need to be eliminated in order for there to be a top dog. When they finally did fight, it looked like Spitz would be the victor, but due to Buck’s cunningness and trickery, Buck ended up triumphing over his rival. This also shows just how swiftly Buck can adjust to an inexperienced situation and succeed, no matter how brutal it may be, â€Å"He made himself accustom to the new environment, so he won the right of survival. At the same time, Buck ensured himself the safety with his courage and wisdom in the severe north†¦Bucks behaviors indicated the extremely cruel and unfair humanity in misery and the hunger. He was struggling for his life. Facing trouble, to survive is the most important thing† (Zhang, On the Influence†¦). 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In the â€Å"Ballad of Birmingham,† stanzas such as â€Å"Her eyes grew wet and wild†(26) and â€Å"Drawn white gloves on her small brown hands â€Å"(19) are used to display visual imagery toRead MoreAthanasia: Human Impermanence and the Journey for Eternal Life in the Epic of Gilgamesh1740 Words   |  7 Pagesimmortality appears in stories from the Epic of Gilgamesh, which was composed by ancient Sumerians roughly around 600 B.C, to present day works of fiction in the twenty first century. The word immortality plays a crucial role in the development of characters in the Epic of Gilgamesh; It reveals the importance of life everlasting, and the triumph of humanity’s inordinate fear of eternal rest, death. The focal point of this paper is to shed light on the nature of Gilgamesh and his pilgrimage for immortalityRead MoreAnalysis Of Mark Van Dorens The Sca rlet Letter851 Words   |  4 Pagesâ€Å"The Scarlet Letter† is a modern classic of American literature written about controversy and published with controversy. In his analysis, Mark Van Doren criticizes Hawthorne by writing, â€Å"never before has Hawthorne dealt with stuff so solid; and never again will he be so able or content to let his people determine his plot.† In regards to â€Å"The Scarlet Letter,† Van Doren describes the novel as â€Å"brief though it is and barren of incident though is seems, is packed with pictures and events; real atRead MoreAnalysis Of Controlling Katherine : The Cruelty, Abuse, And Manipulation Of Petruchios Language1542 Words   |  7 Pagesexempla, cautionary tales, and wonderfully vivid scenes and characters† (Hume 64). One of Shakespeare’s plays that both can serve as cautionary tale and contains vibrant scenes and characters is The Taming of the Shrew, particularly evident in the tempestuous duo of Kathe rine and Petruchio. While audiences tend to see the play through the lens of romantic comedy, there is another side to Petruchio that necessitates close reading. Analysis of Petruchio’s unscrupulous, harsh, and offensive languageRead MorePut Out That Bloody Cigarette !1620 Words   |  7 Pageshave honed his skills to a degree never before seen. First being published in newspapers he wrote for, Saki’s short stories focus around exotic, almost dreamlike, lands and use suspense and irony to surprise the readers. He would continually use characters that mocked popular customs using the common theme of nature to show that, in the end, nature will always bend men to its will not the other way around. Saki’s short story â€Å"The Interlopers†, which was published after his death in 1916, is considered

Welfare Drug Testing Essay example - 2267 Words

Jason Comis Horton English 1301-363 27 November 2012 Testing One Two Three In the current state of the American economy, needless spending is something the government needs to avoid at all costs. With some trillion dollars owed to various foreign countries, the United States literally cannot afford to pump money into programs that do not benefit the country as a whole. Michael Tanner, who is the Director of Health and Welfare studies at the Cato Institute, reports that this year the Federal government will spend 952,000,000,000 dollars on programs to help the poor (10). While some of this money goes to people who truly need it, there are many people that take advantage of the kindness of others. Robert Rector, who is the Senior†¦show more content†¦As societies evolve, so do the problems they face. As America entered the 1990’s, more single women than ever were struggling to support their children. From 1970 to 1993, the number of recipients of Aid to Families with Dependent Children increased 91 percent (Hombs 5 2). Single mothers that had children as a result of a rape or wedlock could not partake welfare programs that demanded job participation because for fearing of leaving their children unattended. The Presidential Election in 1996 was largely influenced by each candidate’s plan to provide single mothers with proper benefits. Upon election, President Bill Clinton radically changed welfare by lowering the requirements for eligibility for programs such as AFDC, increasing the amount of aid a recipient could get, and allowing the recipients to keep more of the wages they had earned (Hombs 7). Unfortunately, these alterations made it easy for recipients to abuse the system by encouraging many to simply rely on welfare checks to sustain them financially. Looking back on Robert Rector’s disturbing study that one third of welfare recipients are taking illegal drugs, something must be done to hold those receiving aid accountable. Concentrating welfare benefits to those who w ill thrive in the program will increase the effectiveness of the program as a whole. In her description on the history of welfareShow MoreRelatedWelfare Drug Testing1506 Words   |  7 PagesName Teacher Class Date Drug Testing: Well-Fitting for Welfare â€Å"According to a new study released by the World Health Organization, the U.S leads the world and takes the gold for the use of tobacco, pot, and cocaine, far outpacing other countries†(US Ranks #1). According to an article on alternet.org America abuses drugs worse than any other country. It is no secret that the United States’ economy is nearing an all time low. With the economy being nearly as bad as ever in the history of ourRead MoreThe Drug Of Drug Testing Welfare Recipients912 Words   |  4 PagesDrug Testing Welfare Recipients To test or not to test has been has been the question at hand for many states that are dealing with whether or not to pass the law that welfare recipients should or should not be drug tested in order to receive assistance from the government. Florida was the first state to mandate the law in 2011 and thereafter twenty four other states in the last year have also passed this law in our own state of Oklahoma being one of them. Althou gh alcohol is legal it is abused farRead MoreWelfare Drug Testing Essay1383 Words   |  6 PagesWelfare Drug Testing Trevor Brooks, SOC 110 11/09/2011 In today’s America, government aid is highly depended on. The US government has spent $498 billion dollars this year on welfare alone. The state of Tennessee has an average of 250,000 residents on welfare and has $3 billion dollars this year alone. To help cut costs and help tax payers, 36 states, including Tennessee, have proposed a bill to drug test all welfare recipients. Since the beginning of the year, the welfare rateRead MoreDrug Testing For Welfare Recipients1347 Words   |  6 PagesIntroduction Since the reformation of welfare in 1996, nearly all states have attempted to pass legislation to require the use of drug testing among welfare recipients. Thirteen states have passed legislation and there are currently seven states testing applicants for drugs. The results have been somewhat anticlimactic, as the number of positive drug test results is lower than the national average. There are many concerns surrounding the issue of drug testing welfare recipients, including the cost, constitutionalityRead MoreDrug Testing Welfare Recipients1395 Words   |  6 PagesIn 2010, 17.5% of unemployed adults collecting some sort of welfare failed drug tests. In 2011, 23.8% of welfare recipients admitted to using illegal drugs, including marijuana. The problem the United States if facing is that welfare recipients are using the cash they are given to purchase illegal drugs. Many of these people purchasing illegal drugs had prior illegal drug abuse problems and some of these people believe that since they are given this â€Å"free† money, they can continue on with these addictionsRead MoreDrug Testing Welfare Recipients913 Words   |  4 PagesIf the drug testing is implemented, of course, there will always be those who feel violated, but what about the taxpayer’s rights? Do they have that right to know how their money is being spent? The problem with this development is there are so many ways to cheat and test clean. In theory that is true, but in reality not so sure because there are different types of testing. The main one is urinating in a cup and we all know that can be tampered with, but what about the hair strand, how is that possibleRead MoreDrug Testing And The Welfare Program2065 Words   |  9 PagesWelfare is a system of assistance that needs certain procedures put into place that will be beneficial to those people that use the program. Drug testing users of the welfare program can be seen as a violation of a person’s rights, can b e costly and cause a burden on a family that uses the system mostly involving children, but some people feel is necessary to ensure that the government’s money is being used productively. Miriam Webster’s dictionary defines welfare as â€Å"aid in the form of money orRead MoreShould Drug Testing Welfare Recipients?1679 Words   |  7 Pagesthose who test positive for drugs should be able to receive welfare. It was an argument that flooded social media, arguments filling comments with opinions. It is a subject that continues to be discussed within our peer groups, our communities, and our states. This paper will discuss the opinions of individual’s within the country, the beneficial factors of drug testing welfare recipients as well as the unbeneficial factors, as well as who decides if drug testing welfare recipients goes into effectRead MoreDrug Testing Welfare Recipients Essay1114 Words   |  5 Pagesthat in order to obtain a job, some people go through drug testing while drug and alcohol abusers receive free, no strings attached, financial assistance (see appendix A)? Food stamps and Medicaid are provided to low and no income Americans who would otherwise do without. According to heritage.org, a majority of the illegal drug use in American adults is tied to unemployed citizens. While there are many people who disagree with testing welfare recipients, the truth is that the pros greatly outweighRead MoreWelfare Drug Testing Persuasive Speech1704 Words   |  7 PagesIntroduction a.i) Government assistance, or welfare, is a very broad term. There are many different welfare programs available in the United States e.g., food stamps, cash assistance, and government housing. Currently there is mass debate, in courtrooms across the U.S., regarding the legality and morality of pre-assistance drug testing. This report is intended to familiarize the reader with the history of welfare reform; the histories of drug testing in regards to assistance eligibility; and persuade