The Persistence of Memory by Salvador Dali Essay

The Persistence of Memory by Salvador Dali - Essay Example The clock literally is a very clear illustration of time which tells us of things that we cannot get back anymore or perhaps the notion of fleeting objects and at the same time, the use of a clock metaphorically can be attributed to our memories. As a whole, the artwork tells a story where the fading clock is a strong symbolism for human’s memory which is something that we want to hold on to for as long as we can and yet is able to slip away. This is also the irony that it communicates especially creating the mood through the strong contrast between the light and dark colors. At first glance, you would be able to see the opposing reflection of softness and hardness theory. This is seen through the variety of use of shape and form where the art uses free form or natural shapes to demonstrate the softness of the art that would give you an illusion of softness and rigidity while using a mixture of the three-dimensional shapes and lines such as of the trunk that helped the art achieve the clarity of hardness, achieving the comparison with what stays and what are fleeting. Also, the contrast of dark and light colors here, repeatedly used creates that balance between the irony of our memories fleeting and at the same time the reality that time is something that is supposed to slip away. When it comes to the principles of design, movement is one of the greatly used principle in the artwork by using of the soft elements of the artwork such as the melting clock and letting it fills up negative space which is space around the hard objects and makes it lean towards it, copying the shape of the latter. Indeed, the art leaned on the use of movement to express a fading and melting state of the clock, directing it to the copy the shape or direction of the hard objects.  

Has the Criminal Justice Act 2003 effectively removed the rule against Essay

Has the Criminal Justice Act 2003 effectively removed the rule against the admission of hearsay evidence - Essay Example Discussion The Criminal Justice Act 2003 states, as a general rule, that hearsay inadmissible. Section 114 (1) states that â€Å"in criminal proceedings a statement not made in oral in evidence is admissible as evidence of any matter stated if, but only if,† then it goes on to outline four different exceptions.1 One exception is for when any provision, whether in this chapter or in any other statute makes the statement admissible.2 Another exception is when â€Å"any rule of law preserved by section 118 makes it admissible.3 The other exception is when the parties agree to the admissibility of the statement.4 The fourth and final exception is when â€Å"the court is satisfied that it is in the best interest of justice for it to be admissible.†5 Further, the Act carves out exceptions for when a witness is unavailable. In this case, hearsay is admissible if the statement that the unavailable witness would give would be deemed admissible as evidence;6 the person who made the statement has been identified to the satisfaction of the court;7 and that the witness is unavailable according to five different criteria.8 The criteria are that the witness must either be dead, unfit, outside the UK, cannot be found, or is in fear.9 More problematic are the categories that state that a judge can use his or her discretion in deciding whether to admit the statement, and when the witness is unavailable. When the witness is unavailable, then the defendant cannot cross-examine the witness. This would be fundamentally unfair to the defendant. A prosecutor should make every effort to bring witnesses into court so that he or she may be cross-examined, and the statutory provisions that are used for determining whether a witness is unavailable seem too broad. One of the provisions states that a witness may be unavailable because of fear. â€Å"Fear†in this case may either be fear for that person’s life or another person’s life, or it may be fear of f inancial loss. It seems that it would be too simple for a witness to use this excuse. Most witnesses have jobs, and these jobs are not always understanding about having to take off of word to testify. Therefore, the witness can state that he or she is unavailable because of fear of financial loss, and then that witness’ statement can be introduced as evidence against the defendant, without the defendant being able to cross-examine. This rule seems to be weighted in favor of the prosecution, because it seems that virtually any witness can be unavailable under this particular section of the Criminal Justice Act 2003. Further, if the witness cannot be on the stand because the trial occurs on a workday, and that person could be fired, then it should be the prosecutor’s responsibility to have secured the statement, through a deposition, on a date that was convenient for the witness. This exception does not put the responsibility on the prosecutor to secure the statement, so this is another flaw. Moreover, although the court has guidelines as to when it can accept a statement under these conditions, these guidelines are rather vague. The judge may accept the statement if the statement should be â€Å"admitted in the interests of justice,†