Discuss the effectiveness of the opening of Tim Burtons Edward Scissorhands Essay Example For Students

Talk about the viability of the opening of Tim Burtons Edward Scissorhands Essay In this paper I will analyze the emotional and cinematographic gadgets utilized in the opening of Edward Scissorhands to make a successful presentation. The scenes are those up to and including the gathering of the fundamental characters Peg and Edward In the initial scenes, Tim Burton sets out the ethical message of the film. In making Edward Scissorhands he planned to empty the American Dream, uncovering the spoiled center of society that stows away underneath a pretty blur. This is accomplished by building up two clashing universes possessed by individuals who are something contrary to one another. The subject of the two universes is at its most both unmistakable here and toward the finish of the film when the rural world trespasses into the taboo universe of the chateau. The town, as we see at an early stage, looks hastily beautiful and flawless with each square shaped cabin sitting in a featureless nursery practically indistinguishable from the following. Nothing stands apart as individual and the main dwelling that varies from the rest is the manor, which is disregarded by all. As Peg visits each house the crowd sees diverse social insufficiencies through the conduct of every housewife. The executive uses these to unpretentiously give us what's going on with society; we are careless, unethical, wanton and even over the top. The manor, then again, looks terrifying and forcing all things considered and lingers over the suburbs like an undermining storm, yet as the crowd is acquainted with Edward, they see that he isn't a beast or an executioner yet an uncorrupt kid needing love. These inside-outside alternate extremes encapsulate the other fundamental moral message of the story, that congruity isn't in every case great and being diverse doesnt make you a terrible individual. The initial scenes additionally set up significant data including the presentation of two of the three chief characters; foundation of a considerable lot of the states of mind, tones and types utilized later in the film; and foundation of the area and period. Area and period are practically irrelevant in light of the fact that despite the fact that it is set in 1960s rural America, the message is as yet applicable today. For example, it would even now be as incredible and applicable on the off chance that it were set in present day London. One thing that the area and timespan picked give the film is a more grounded feeling of satire, on the grounds that the 60s was a period of gaudy hues and molds that frequently verged on the absurd. For instance, later in the film, when Edward trims all the womens hair, he makes such stunning styles that the crowd would chuckle at them, yet the housewives all imagine that theyre the stature of design and they all need a comparable hair style. The drive to adjust is additionally outlined when Edward does a topiary of Pegs family so the entire neighborhood needs one as well. Before long there is nothing extraordinary about topiary either. The class presented in the initial scenes are assorted, incorporating repulsiveness, dream, fantasy and parody. The more significant classifications of catastrophe and sentiment rise and grow later, when blame, compassion and trouble are utilized to commute home Tim Burtons point. The non-conventionalist utilization of differentiating classifications, for example, repulsiveness and parody, dream and sentiment assists with putting over the message by ensuring the film is strange to the point that the crowd doesn't trust it yet invests more energy considering the good. The manners in which that the various characters are presented are firmly connected with area and are extremely persuasive in building up our intuitive mentality towards them. The areas characterized in the initial scenes make a connection between the characters in the story. From the outset we get a ghostly inclination from the dreamlike montage of pictures without any characters to identify with, and when we see a since quite a while ago shot of the house it appears to be dull and disallowing. .u88daae974541374344b4f64fc22e9804 , .u88daae974541374344b4f64fc22e9804 .postImageUrl , .u88daae974541374344b4f64fc22e9804 .focused content zone { min-stature: 80px; position: relative; } .u88daae974541374344b4f64fc22e9804 , .u88daae974541374344b4f64fc22e9804:hover , .u88daae974541374344b4f64fc22e9804:visited , .u88daae974541374344b4f64fc22e9804:active { border:0!important; } .u88daae974541374344b4f64fc22e9804 .clearfix:after { content: ; show: table; clear: both; } .u88daae974541374344b4f64fc22e9804 { show: square; progress: foundation shading 250ms; webkit-change: foundation shading 250ms; width: 100%; mistiness: 1; progress: murkiness 250ms; webkit-progress: darkness 250ms; foundation shading: #95A5A6; } .u88daae974541374344b4f64fc22e9804:active , .u88daae974541374344b4f64fc22e9804:hover { haziness: 1; progress: obscurity 250ms; webkit-progress: obscurity 250ms; foundation shading: #2C3E50; } .u88daae974541374344b4f64fc22e9804 .focused content region { width: 100%; position: relat ive; } .u88daae974541374344b4f64fc22e9804 .ctaText { fringe base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: striking; edge: 0; cushioning: 0; content improvement: underline; } .u88daae974541374344b4f64fc22e9804 .postTitle { shading: #FFFFFF; text dimension: 16px; textual style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u88daae974541374344b4f64fc22e9804 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; outskirt: none; outskirt span: 3px; box-shadow: none; text dimension: 14px; textual style weight: intense; line-tallness: 26px; moz-outskirt range: 3px; content adjust: focus; content enhancement: none; content shadow: none; width: 80px; min-tallness: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/basic arrow.png)no-rehash; position: total; right: 0; top: 0; } .u88daae974541374344b4f64fc22e9804:hover .ctaButton { foundation shading: #34495E!important; } .u88daae9 74541374344b4f64fc22e9804 .focused content { show: table; tallness: 80px; cushioning left: 18px; top: 0; } .u88daae974541374344b4f64fc22e9804-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u88daae974541374344b4f64fc22e9804:after { content: ; show: square; clear: both; } READ: How does Shakespeare present the job of ladies in the play The Winter's Tale EssayThe invert zoom to the comfortable grandmas cabin and the change from blue and white into shading give the sentiment of going in observation from the dreamlike and frightening to the solace of recognition. The inside of the house feels warm and welcoming in light of the snapping fire and the cozy family relationship. Here Kim is presented as a grandma, with her granddaughter predominated by the tremendous bed. The crowd in a flash feels emphatically towards them in light of their condition and the undeniable love between them. Kims presentat ion of Edwards situation guarantees that the crowd is thoughtful towards him when he shows up later. The crowd is exemplified by Kims granddaughter as she is recounted to the sleep time story. Their job is to be shown a moral exercise not to decide by appearances or reject contrast by being indicated a purposeful anecdote of their general public and being made to judge it. From the cabin window the chateau on the slope lingers over the town, setting the connection among it and the suburbs. The aeronautical shot over suburbia feels far off in light of the fact that the crowd just discover transitory looks at the houses and they see the setting without being a piece of it. The dejection of the chateau is depicted by the shot we see of Edward quietly looking out over the suburbs. Just the gray, ignored, untainted piece of him is appeared, raising the degree of compassion significantly more The unexpected slice to a brilliant daytime road scene in suburbia recently flown over around evening time appropriately builds up the town and gives the sentiment of taking a gander at ordinariness. Whenever the camera moves toward the manor is through Peg in a genuine vehicle as opposed to a strange flight. This gives a feeling of returning to a recognizable spot. The night shots present the three principle parts of the film, diving between every one, and the abrupt slice to daytime the suburbs flags the start of the story. Since she is the main individual the camera follows in the story, the crowd feels joined to Peg and sympathizes with her. Peg is a loner among the town ladies, who are on the whole ethically imperfect. At the point when she discovers Edward in solitude and helpless, her craving to adore and be cherished makes her need to take him in and care for him. Peg is gullible and has an oversimplified standpoint. Her method of strolling and her delicate immature voice cause her to appear to be very helpless, particularly when she is strolling through the house, a minuscule spot of sprightly pastel lilac in the midst of a tremendous scope of dark and blue. The repulsiveness type is counterbalanced by Pegs upbeat jokes. Her helplessness appears to set us up for a showdown between a casualty Peg and a threatening Edward, however in reality the relationship is transformed, with Peg having the advantage. It is representative that her response to Edwards scars is to offer him make up on the grounds that beauty care products are tied in with concealing flaws with dream, much the same as the tricky tidiness of the town.

SC college Info :: essays research papers

College of South Carolina-Columbia Applying: % Applications Admitted: 67%.â â â â â 76-100% of understudies had H.S. GPA 3.0 or higher. Â Â Â Â Â Regular Application Deadline: 12/15/Previous Year Expenses: Living On and Off Campus Costs: $7,314Â Â Â Â Â Cost/Credit Hour (In-State): $324 *Health callings have higher undergrad expenses. Money related Aid Distribution: 56% (Scholarships/Grants), 44% (Loans/Jobs). Normal % of Needs Met: 89%. Normal SAT and ACT Scores: SAT Reasoning Verbal: 520-620 SAT Reasoning Math: 520-630 ACT Composite: 22-27 Affirmations Policies and Factors: Affirmation Requirements: SAT Reasoning Test or ACT w/composing. Important Admission Factors: auxiliary school records, state sanctioned grades. Thought of: proposals, ability/capacity. Secondary School Preparation: 19 units required. (AP) Policy: Good AP test scores gain school credit. Clemson University Applying: % Applications Admitted: 69%.â â â â â 76-100% of understudies had H.S. GPA 3.0 or higher. Need Application Deadline: 12/01/ - Â Â Â Â Â Regular Application Deadline: 05/01/Year Afterâ â â â â Expenses: Living On and Off Campus Costs: $8,816 (In-state yearly) + $1,600 normal for required PCs. Budgetary Aid Distribution: 52% (Scholarships/Grants), 48% (Loans/Jobs). Normal % of Needs Met: 34% Normal SAT and ACT Scores: SAT Reasoning Verbal: 540-640 SAT Reasoning Math: 570-660 ACT Composite: 24-28 Affirmations Policies and Factors: Affirmation Requirements: SAT Reasoning Test w/composing segment or ACT w/composing part. Â Â Â Â Â SAT II Subject Tests considered whenever submitted. Important Admission Factors: class rank, auxiliary school records, government sanctioned grades, state residency. Significant Admission Factors: graduated class connection. Thought of: exposition, proposals, ability/capacity. Secondary School Preparation: 19 units required. (AP) Policy: AP test scores of 3, 4, or 5 addition school credit. College of Maryland-Baltimore Applying: % Applications Admitted: 70%â â â â â 76-100% of understudies had GPA of 3.0 or higher. Â Â Â Â Â Priority Application Deadline: 11/01/ - Â Â Â Â Â Regular Application Deadline: 02/01/Next Year Expenses: Living On and Off Campus Costs: $8,520 (In-state annual)Â Â Â Â Â Cost/Credit Hour: $270 Â â â â â â â â â â â â â â â $16,596 (Out-of-State annual)Â Â Â Â Â Cost/Credit Hour: $606 Monetary Aid Distribution: 51% (Scholarships/Grants), 49% (Loans/Jobs). Normal % of Needs Met: 60% Normal SAT and ACT Scores: SAT Reasoning Verbal: 540-650 SAT Reasoning Math: 580-670 ACT Composite: 22-28 Confirmations Policies and Factors: Confirmation Requirements: essay(s), SAT Reasoning Test w/or w/o composing part or ACT w/composing. Important Admission Factors: optional school records, government sanctioned grades. Significant Admission Factors: class rank, paper, proposal. Thought of: character/individual characteristics, extracurricular exercises, talk with, ability/capacity, volunteer work, work understanding. Secondary School Preparation: 22 units required. (AP) Policy: Good AP Exam scores gain school credit. Johns Hopkins University-Baltimore Applying: % Applications Admitted: 30%.â â â â â 76-100% of understudies had GPA 3.0 or higher. Â Â Â Â Â Regular Application Deadline: 11/15/Previous Year Expenses: Living On and Off Campus Costs: $32,120 (In and Out-of-State yearly) Monetary Aid Distribution: 79% (Scholarships/Grants), 21% (Loans/Jobs). Normal % of Needs Met: 100% Normal SAT and ACT Scores: SAT Reasoning Verbal: 640-730 SAT Reasoning Math: 660-760 ACT Composite: 27-32 Confirmations Policies and Factors: Confirmation Requirements: essay(s), SAT Reasoning w/or w/o composing segment or ACT w/or w/o composing, SAT II Subject Test suggested. Important Admission Factors: character/individual characteristics, paper, suggestion, optional school

The Little-Known Secrets to Elementary Persuasive Essay Topics

<h1> The Little-Known Secrets to Elementary Persuasive Essay Topics </h1> <p>Students have occupied existences and much of the time disregard a coming cutoff time. Clearly, they experience little-to-none of such issues while utilizing PCs. Rudimentary understudies should be liberated from schoolwork. In this way, numerous understudies and representatives choose to gain moderate exposition as opposed to composing it themselves. </p> <p>Our reason for existing is to convey an expert, caring assistance which centers around serving patients with compassion and a wealth of information, using the most exceptional in dental innovation. Giving children more opportunity is the correct decision. Contend that open advanced education must be free for everyone. Not permitting understudies to utilize tablets in class approaches to deny them of something that is just about a bit of them and of their regular day to day existences. </p> <h2> The Basics of Ele mentary Persuasive Essay Topics That You Can Learn From Beginning Immediately </h2> <p>My composing isn't generally worthy for my crowd. It doesn't appear to have a reason. It isn't proper for my crowd. Enticing composing can be testing, particularly at whatever point you're made to look with a nearby disapproved of crowd. </p> <h2> Ideas, Formulas and Shortcuts for Elementary Persuasive Essay Topics</h2> <p>There are only a couple of things that characterize whether a paper you're dealing with will be a decent one. There are a few charming themes that could be become a powerful paper on the off chance that you accept the open door to consider about doing it. Another smart thought is to get some completely free article instances of various types and on different subjects to locate a general thought of the manner by which a prosperous easily proven wrong paper looks. At the very same time, it's a great powerful exposition thought. </p> <p>To pick which subject you're probably going to examine, it's basic to see the total assortment of good convincing discourse points from the uncommon region of study. You could be parted with the theme straight by your teacher, or you can be allowed to choose the point yourself. Which somebody attempts to get mobile phones in your advantage. </p> <p>Know you may persuade your perusers to reinforce your place in the exposition utilizing three unmistakable procedures. What are the assortment of approaches to arrive at a goal of manageable style. Ace the 3 different ways of influence. </p> <p>You may likewise gain numerous limits on our site which will assist you with saving some more cash for future requests or anything you need to spend them on. The most as often as possible experienced paper composing administration that by far most of our customers require is article composing. Mention to our specialists what kind of schoolwork help on the web you need to get. Some expressed you could compose papers and submit them, however there wasn't any assurance that anyone would get them. </p> <h2> The Importance of Elementary Persuasive Essay Topics</h2> <p>All sorts of instructive papers need a very much organized proposition articulation. The different points might be found, for example, in the exposition abstracts universal database. At the point when you think powerful paper themes points in case you're barely any subjects alludes to get cell. Stop overthinking to deliver subjects for powerful paper. </p> <p>Don't overlook, inquire about is what makes an article stick out among different papers. Avoid obsolete sources and web Encyclopedia like Wikipedia. </p> <p>PaperCoach will have the option to assist you with every one of your papers, so investigate the occasion! So it will assist with seeing how to organize papers accurately. Scholastic papers can't contain any signs of unoriginality. </p> <p>The updates are totally free! In the wake of picking your very own position, you need to search for strong proof ready to persuade the peruser your assessment is the one in particular that is worth consideration. My determination sums up a couple of my main focuses. It sums up my central matters. </p> <h2>Finding Elementary Persuasive Essay Topics </h2> <p>If it's the absolute first time you're probably going to utilize our article composing administration, you in all probability have a lot of inquiries. Analyze the rundown underneath and select the one you're acquainted with or really feel enthusiastic about. In case you're despite everything making some harsh memories picking, list the entirety of the i nteresting realities for each convincing article thought you've recorded, at that point select the one which you'll have the option to take a shot at the most. Convince your companion to follow your preferred band or possibly to peruse your preferred book. </p>

Argumentative Essay Topics For Kids

<h1>Argumentative Essay Topics For Kids</h1><p>Argumentative exposition points for kids come in various structures and assortments. Some of them can be utilized for composing an examination paper, while others can be utilized for exposition composing ventures at school. What's more, some can even be utilized for pugnacious exposition subjects that can be utilized in junior college classes or for theory composing classes at universities.</p><p></p><p>The simplest structure to compose a contentious article theme for kids is about any subject. It doesn't make a difference on the off chance that it is about network shows, computer games, motion pictures, books, or some other sorts of media. This article will furnish you with four distinct sorts of contentions that an author can use for their paper subjects for kids.</p><p></p><p>The first kind of contention would be the standard kinds that you will run over in school. When composing a paper for school, probably the least demanding approaches to prevail upon your educator is by having the option to introduce your contention in a way that is credible. This implies you should utilize essential linguistic and spelling rules. You ought not veer off a lot from these standards, since they are basic to giving your paper an expert appearance. Furthermore, it is ideal on the off chance that you can refer to any sources that you use in your essay.</p><p></p><p>Another sort of contentious article points for kids that you can utilize is one that can utilize extraordinary characters and claims. There are many individuals who can disapprove without any problem. These individuals have remarkable characters that make them bound to disapprove, making them a fascinating subject for the essayist to compose about.</p><p></p><p>One of the things that you would need to maintain a strategic distance from is to utilize a motto or any explanation that contains terms that are anything but difficult to recollect. Individuals who can establish snappy connections would prefer consistently not to peruse long and drawn-out sentences. They just need to take a gander at what you need to state and afterward make up their own psyche on the matter.</p><p></p><p>The last kind of contentious paper points for kids is a theme that can utilize tales or stories that can without much of a stretch say something. Utilizing these sorts of papers will permit you to communicate through words without really making a contention. Individuals who can make snappy decisions and get into a contention can utilize these kinds of papers as well.</p><p></p><p>When composing your pugnacious exposition points for kids, it is significant that you research the subject so as to know whether the theme can be paid attention to or not. You can without much of a stretch do this by considering the subj ect that you are composing. Regardless of whether you are not a researcher in the topic, you should in any case study it.</p><p></p><p>After knowing the subject that you are utilizing in your exposition themes for kids, the following thing that you ought to do is to figure out how to engage yourself so you can turn out to be progressively keen on what you are composing. You should discover what intrigues you and figure out how to communicate through that. On the off chance that you can do this, you will have the option to compose a decent contentious article theme for kids.</p>

The Essay Topics of Zen and the Art of Motorcycle Maintenance

<h1>The Essay Topics of Zen and the Art of Motorcycle Maintenance</h1><p>Zen and the Art of Motorcycle Maintenance is a book composed by Suzuki Motor Corporation and distributed by Rider Books. It was later distributed in two sections by Bantam Books and Transworld Motorcycle Diaries, where it turned into a best seller.</p><p></p><p>The book centers around how to do Zen and the Art of Motorcycle Maintenance. The book covers subjects like support, upkeep, and fixes. It likewise talks about the different regions that should be thought of while buying or utilizing a motorcycle.</p><p></p><p>Bantam distributed the book in two sections, which were distributed in 1993. In each piece of the book, the writer gives tips and rules on upkeep and different themes that the rider may experience during their ride.</p><p></p><p>In expansion to this, the book contains tips and rules on the most proficient method to pick the correct cruiser that suits the requirements of the rider. The book additionally offers tips on the best way to get the best arrangement on a pre-owned cruiser or a second hand motorcycle.</p><p></p><p>In this exposition points, the guide advises how to keep your bike's motor in top condition. It discusses keeping up fuel pressure and changing flash fitting size.</p><p></p><p>While the exposition themes on support and upkeep is planned for instructing how to keep up your cruiser, there are different areas in the book that emphasis on specific parts of how to buy a bike. There are likewise segments on bike protection, cruiser fix and financing.</p><p></p><p>There are numerous acceptable surveys for the book on Amazon.com. What's more, it has been lauded by pundits as a brilliant manual on maintenance.</p><p></p><p>The other exposition subjects that are found in the book incorpo rate the historical backdrop of bikes, adornments, and the different parts that accompany a cruiser. Other exposition subjects included incorporate clinical issues that may happen during cruiser riding, and issues with innovation, the earth, and different territories of life.</p>

Keeping criminal trials fair - Free Essay Example

Judicial staying of criminal proceedings is an exceptional course for the trial judge to take and usually the trial process itself including appropriate judicial directions to the jury, is adequate to ensure that a criminal trial remains fair at common law and Article 6 of the European Convention on Human Rights, as given effect to in the Human Rights Act 1998. Critically evaluate this comment in the light of appropriate case law. The fundamental issue being raised is the fairness of criminal trials. The remedies that are used by criminal courts when the judge decides that there has been some unfairness in the proceedings include staying of proceedings, quashing of indictments and excluding evidence. Exclusion of evidence can be made during the trial process, by means of the trial judge directing that the jury ignore that evidence, and staying of proceedings stops the trial process, and is only exercised when there has been an abuse of the process. English fair trial jurisprudence commenced from domestic common law, then developed via section 78 of Police and Criminal Evidence Act 1984, and thereafter via international human rights law, in particular Article 6 of the European Convention on Human Rights (ECHR) incorporated into domestic legislation by the Human Rights Act 1988 (HRA 1988), as discussed below. Regarding the exclusion of evidence, the original common law rule from the mid-eighteenth century to early twentieth century, was that the admissibility of evidence at trial was wholly unaffected by the circumstances in which it was obtained 1, and also reaffirmed in 1955 by the Court of Appeal. 2 The trial judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion at common law to exclude relevant evidence was provided in Sang, 3 which laid down two principles that evidence could be excluded, firstly if it was to have a prejudicial effect outweighing its potential value, and secondly to exclude improperly or unfairly obtained evidence. In Sang the trial judge ruled that he had no discretion to exclude evidence relating to the commission of an offence to conspire to utter forged banknotes on the basis that it had been initiated by an agent provocateur, that is, an agent enticing the defendant to commit the crime, being the defence of entrapment. This was reaffirmed by the House of Lords, in which the existence of the discretion to exclude improperly or unfairly obtained evidence was recognised, but that this was limited to evidence obtained after the commission of the offence. 4 ______________________________________________________________________________ 1 R v Warwickshall [1783] 1 Leach 263; R v Griffin [1809] Russ Ry 151 2 Kuruma à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" R [1955] A.C. 197 3 R v Sang [1980] AC 402 HL 4 Brannan à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Peek [1948] 1 K.B. 68 The trial judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion to exclude evidence was only exercised in exceptional circumstances. In Apicella 5, a sample of bodily fluid taken from the defendant in a routine examination and used to verify that he had passed on a venereal disease to the victims was not held to be an unfair use of prosecution evidence. Furthermore, even illegality of police procedures could not render such evidence inadmissible as in Fox à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Chief Constable of Gwent 6, where although it was held that the actions of police officers in unlawfully entering the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s property to arrest and take him to the police station to provide a breath sample, instrumental in securing a conviction for drunk driving, the sample itself as evidence was still admissible evidence. Since the mid 19 80s, the common law approach was radically altered by the development of the exclusionary discretion under section 78 PACE 1984, which provides:- In any proceedings, the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The landmark case of Mason 7 showed that the Court of Appeal was prepared to interpret section 78 broadly and marked the departure from the common law approach. The Court of Appeal allowed the appeal and quashed the conviction of the defendant, as his confession had been obtained after being falsely informed by police officers that his fingerprint had been found at the scene of the crime. As stated above, the defence of entrapment, (Sang, ibid), was not considered a valid defence at common law. However, in Smurthwaite; Gill 8 the trial judge took into account such allegations when exercising his discretion under section 78, though the evidence was admitted as the trial judge decided that the police officer, though posing as an undercover hit man, was not acting as an agent provocateur when he recorded the secret conversations of a husband and wife hiring him to kill each other, as the defendants made their own efforts and were not enticed. In the case of identification eviden ce, the trial judge is required to warn the jury of the need for caution and explain the reasons for it, particularly the particular dangers attached to the evidence. This is the Turnbull direction, in which the judge asks the jury to carefully consider the circumstances in which the witness saw the offender and a reminder that even a confident witness can be wrong. 9 ______________________________________________________________________________ 5 Apicella [1985] Cr App R 295 6 [1986] 1 AC 281, HL 7 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Mason [1988] 1 WLR 139 CA 8 R v Smurthwaite; R v Gill [1994] 98 Cr App R 437 CA 9 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Turnbull [1976] 3 All ER 549 In Boardman à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" DPP 10 Lord Hailsham laid down further guidelines in identification cases, that if the only evidence the prosecution has is a history of a pattern of similar offences, this would be weak and prejudicial evidence, and a à ¢Ã ¢â€š ¬Ã‹Å"hallmarkà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"signatureà ¢Ã¢â€š ¬Ã¢â€ž ¢ is required, as demonstrated in Mullen 11, in which the à ¢Ã¢â€š ¬Ã‹Å"signatureà ¢Ã¢â€š ¬Ã¢â€ž ¢ was the use of a torch to crack the window glass by means of a blow to gain entry. Identification evidence reduces the need to establish such a à ¢Ã¢â€š ¬Ã‹Å"signatureà ¢Ã¢â€š ¬Ã¢â€ž ¢, but an identification parade has been deemed to be unnecessary if the witness knows the defendant. 12 In Beckford 13 such a warning was deemed necessary even though the witness knew the defendants and the main issue at hand was not accuracy. The prosecution is required to demonstrate that the circumstances of the identification are of good quality to avoid a submission of no case, in which the judge withdraws the case from the jury. However, in cases involving an abnormal or perverted personality, such as in cases of sexual offences, the jury may attach excessive weight to the pattern of previous convictions in ma king a decision about the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s guilt, the à ¢Ã¢â€š ¬Ã‹Å"similar facts principleà ¢Ã¢â€š ¬Ã¢â€ž ¢, as in West 14, in which Rosemary West was accused of complicity in her husband Frederick Westà ¢Ã¢â€š ¬Ã¢â€ž ¢s abduction, torture, rape and murder of young girls, and all evidence relating to her sexual history was laid bare. The justification for the admission of such evidence was to demonstrate that she had such a perverted personality that she was capable of anything, and the Court of Appeal dismissed any prejudice. In such cases, it is for the trial judge to make the appropriate directions to the jury and to consider whether to exclude such evidence, but as the Criminal Law Revision Committee suggested 15, this problem does not exist in France where the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s criminal record is read out at the commencement of the trial. In any event, the law is inclined to ban evidence which shows that the defendant has the disposition or propens ity to behave in a certain way if the probative value of the evidence is exceeded by its prejudicial effect. However, in Kray and others 16, it was held that a number of offences of a similar character could constitute a series of offences, in which the evidence relating to one could be admissible in the trial of another. In such cases the judge can exercise his discretion to direct that counts be severed and order separate trials, to avoid joining of the charges, it he considers that this would affect fairness of the proceedings. ______________________________________________________________________________ 10 [1990] 90 Cr App R 325 11 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Mullen [1992] Crim L R 735 12 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v- Reid [1994] Crim LR 442 13 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Beckford [1993] Crim LR 944 14 The Times, 3 Apr 1996 15 Evidence (General) Eleventh Report (1972) 16 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Kray and others [ 1969] 53 Cr App R 569 In Sawoniuk 17, regarding the admission of evidence of multiple instances of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s mistreatment of Jewish prisoners in a war crimes prosecution, the Court of Appeal permitted the presentation of this evidence but as background evidence than under the à ¢Ã¢â€š ¬Ã‹Å"similar facts principleà ¢Ã¢â€š ¬Ã¢â€ž ¢. Following on from section 78, the HRA 1988 enabled the direct application of the European Convention on Human Rights into English law. Article 6(1) of the ECHR provides that à ¢Ã¢â€š ¬Ã…“everyone is entitled to a fair and public hearingà ¢Ã¢â€š ¬Ã‚ ¦.by an independent and impartial tribunal established by lawà ¢Ã¢â€š ¬Ã‚ . The main impact of the application of the ECHR is that the trial judge was given considerable discretion to ascertain whether the proceedings as a whole, including the way evidence was taken, was fair. In Shannon 18, entrapment was a key consideration for the trial judge in deciding whether to rule evidence as inadmissible, but did not justify exclusion of the evidence. The agent provocateur, in this instance, was a journalist who posed as an Arab Sheikh and the defendant supplied him with drugs, but the appeal that this evidence was unfairly obtained and thereby the defendant was denied a fair trial with regard to Article 6 of the ECHR was unsuccessful. The trial judge, in exercising his discretion whether to exclude the evidence, had to consider whether admission would compromise the fairness of the trial as if the evidence was unreliable or tainted. In considering this, the Court of Appeal looked at the European Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement in Texeira 19. The Court decided that there had been a violation of Article 6(1) as the defendant had been denied a fair trial from the outset. Two undercover police officers asked to buy heroin from the defendant, who bought the drugs for them, but the court had regard to the lack of evidence that he was predisposed to crime a nd the offence would not have been committed but for the officersà ¢Ã¢â€š ¬Ã¢â€ž ¢ intervention. The Court of Appeal distinguished Shannon from Texiera on the basis that there was not an actual incitement by the agent provocateur to commit the offence in the former case. The House of Lords, looking at Shannon, decided that the Texiera judgement did not intend to state that there was a breach of Article 6 every time police officers provided an opportunity to commit an offence and the person took advantage of it. 20 ______________________________________________________________________________ 17 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Sawoniuk [2000] 2 Cr A R 220 CA 18 [2001] 1 Cr App R 168 19 Texiera de Castro à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Portugal [1999] 28 EHRR 313 para 74; Att-Genà ¢Ã¢â€š ¬Ã¢â€ž ¢s Reference (No 2 of 2001) 1 WLR 1869 [2001] 20 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Looseley: Att-Genà ¢Ã¢â€š ¬Ã¢â€ž ¢s Reference (No 3 of 2000) [2 002] 1 Cr App R 29 Regarding the exercise of the trial judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion to stay proceedings for abuse of process, the case of Latif 21 considered whether illegality in the investigation process could lead to a prosecution being stayed for abuse of process. The House of Lords considered that such illegality could have this effect but that this would not necessarily lead to a stay of proceedings. Lord Steyn set a test: à ¢Ã¢â€š ¬Ã…“the judge must weigh in the balance the public interest in ensuring that those that are charged with grave crimes should be tried and the competing public interest in not conveying the impression that the court will adopt the approach that the end justifies the means.à ¢Ã¢â€š ¬Ã‚  In Chalkley 22, the scope of section 78 in exclusion of evidence was regarded as entirely distinct from the question of whether a prosecution should be stayed for abuse of process. In Looseley, the trial judge exercised his discretion to stay the p roceedings. In this case, undercover police officers cajoled a defendant into selling them heroin by plying him with cigarettes and making repeated requests, when the defendant had actually disclaimed any interest in drug dealing. The trial judge decided that the officers had solicited the offence and ordered a stay of the proceedings for an abuse of the process. The Court of Appeal overturned this decision and decided that the defendant had voluntarily provided the drugs to the officers and had had previous convictions for drug dealing. The House of Lords issued monumental directives regarding the importance of maintaining fairness and integrity of criminal proceedings. The House of Lords allowed this defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s appeal and Lord Nicholls stated:- à ¢Ã¢â€š ¬Ã…“Every court has an inherent power and duty to prevent abuse of its process. This is a fundamental principle of lawà ¢Ã¢â€š ¬Ã‚ ¦It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment.à ¢Ã¢â€š ¬Ã‚  The House of Lords agreed that a stay of proceedings on the grounds that there had been an abuse of process was the only acceptable remedy. However, it was also considered that section 78 would be applicable where tainted evidence could be excluded from the trial process without having to stop it. A clear distinction has been drawn between a willing defendant ready to supply drugs and someone who was coerced into this via a campaign of repeated requests and encouragements. ______________________________________________________________________________ 21 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Latif [1996] 1 All ER 353 22 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Chalkley [1998] 2 Cr App R 79 Lord Hoffman laid down five criteria for the admissibility of evidence, having had regard to the guidance of trial judges in previo us cases. These criteria have refined the Court of Appealà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach to the jurisprudence on entrapment and have established a framework for trial judges to follow when deciding when to exercise their discretion to exclude evidence or stay proceedings. Staying of proceedings is obviously considered to be the only remedy where there has been a clear abuse of process, but this must be decided upon with regard to the facts of the case. Fairness of proceedings can also be affected by whether the prosecution chooses to withhold disclosure on the grounds of public interest, but this must be on the basis of an informed decision after consulting the Treasury Solicitor 23. Public interests include the protection of police operations, though this obviously conflicts with cases where entrapment has been used. Recommendations have been provided by the Royal Commission on Criminal Justice that trial judges be given the power to exclude repetitious or conflicting evidence 2 4, an attempt to avoid time-wasting in this respect. Recommendations have also been provided by the Auld Review of the Criminal Courts, which highlighted the problems that may occur when evidence obtained through deception or otherwise, is excluded, even if it is potentially reliable, and looked at the overlap between the courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ power to stay proceedings as an abuse of its process and its powers to exclude evidence. The Review called for simplification of the jurisprudence regarding the exclusion of unfairly obtained evidence and that of staying a prosecution on the ground of an abuse of process. In fact, the Review called for more trust to be given to the trial judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion, as stated:- à ¢Ã¢â€š ¬Ã…“The English law of criminal evidence should, in general, move away from technical rules of inadmissibility to trusting judicial and lay fact finders to give relevant evidence the weight it deservesà ¢Ã¢â€š ¬Ã‚ . In conclusion, it is submitted that the trial judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s present powers to exclude evidence are sufficient. The trial judge has an extremely wide discretion to exclude unfairly obtained evidence and to stay proceedings if he or she considers there has been an abuse of the process. The exercise of staying of proceedings is only rarely exercised, as there has to be a clear abuse of process, as in Looseley, otherwise the judge can just direct the exclusion of such evidence. The guidelines provided from section 78 and thereafter the human rights law incorporated after 1988 have further refined and developed the original common law approach into a fairer system of the administration of criminal justice. As stated in Montgomery and Coultier 25, the Scots law requirement is to balance the interests of the defendant as opposed to the public interest in ensuring that a serious crime is prosecuted, and this should be the main consideration in English law. ________________________________________ ______________________________________ 23 R à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Horseferry Road Magistrates Court, ex parte Bennett (No. 2) [1994] 1 All ER 289 24 Cm 2263, para 8.13 25 Montgomery à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" Coultier à ¢Ã¢â€š ¬Ã¢â‚¬Å" v à ¢Ã¢â€š ¬Ã¢â‚¬Å" HM Advocate [2001] 2 WLR 779 BIBLIOGRAPHY A Guide to The Police and Criminal Evidence Act 1984: TC Walters MA Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Connell (Financial Training Publications) pp 103-104 Criminal Evidence (5th edition): Richard May Steven Powles 5th edition (Sweet and Maxwell) pp10-02 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 10-33 Criminal Evidence: Paul Roberts Adrian Zuckerman (Oxford) pp147 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 175 Criminal Evidence Procedure: The Essential Framework (2nd edition): Stephen Seabrooke John Sprack (Blackstone) Evidence and the Adversarial Process à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Modern Law (2nd edition): Jenny McEwan (Hart Publishing) pp 197 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 221 Human Rights, Serious Crimes and Criminal Procedure: The Hamlyn Lectures: Andrew Ashworth QC (Sweet Maxwell) pp 52 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 87 Police and Criminal Evidence Act 1984: A Practical Guide: Greg Powell Chris Magrath (Oyez) pp 192-206 The Police and Criminal Evidence Act 1984 (3rd edition): Michael Zander (Sweet Maxwell) pp 172 251

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