The History Of Incidental Advertising Exposure Psychology Essay

The History Of Incidental Advertising Exposure Psychology Essay Following the suggestion, the effects of incidental advertising will be examined in terms of implicit memories (cognitive responses), emotions and attitudes (affective responses) and consideration set (behavioural responses). The endogenous variables consist of factors that, as consumer traits, affect the whole advertising response process. Among various factors, involvement and cognitive style were two principal psychological variables that influence consumers incidental ad processing, while gender was considered an important demographic variable. Comparing to the meta-analytic model, we choose to introduce two new variables that were never been tested in the context of incidental advertising: gender and cognitive style. III.2. Incidental advertising exposure Ferraro, Chartrand and Fitzsimons (2005) define incidental exposure as an automatic processing of visual brand information while conscious attention is directed elsewhere. Vanhuele et al. (2005) talked about focal versus non-focal attention in the case of visual perception. Focal vision is restricted to 1,5 to 5 degrees from the current point of focus. To define it, Shapiro (1999) suggests that while a person spotlights conscious attention on a primary task, other information that is not attended to can be processed. This nonconscious, incidental exposure often occurs without explicit memory for advertisement, product, or marketing stimuli and can affect persuasion. Scholars call incidental advertising by preattentive advertising (Droulers, 2004, Yoo, 2005, Adams, 2007). This preattentive processing can be distinguished from attentive processing in individuals lack of awareness of the stimuli, deficit of a speci ¬Ã‚ c goal for the process, inability to control the process, and att ention resources not required for the process. More speci ¬Ã‚ cally, preattentive processing occurs when an individual is preconscious exposed to stimulus in his peripheral  ¬Ã‚ eld of vision (e.g., banner advertisements) while focusing his attention on a primary task (e.g., reading an article on the web) (Ruy and al, 2006). In the field of advertising Shapiro, McInnis and Heckler (1997) were the first to propose the incidental exposure paradigm where they stipulate that subjects are directed to focus their attention on primary task, thus reducing the resources accessible to process secondary information bordering the primary information. In most cases, the secondary information is located to the left or the right of the primary information and is described by its distance (in degrees) from the primary information (parafoveal is 1.5-5 degrees from the attended information, peripheral is greater than 5 degrees) (Janiszewski, 1988). Attentional resources available for processing the secondary information are limited, so secondary information cannot be explicitly recognised-memory traces for this information are unlikely to be strong enough to be restored during a direct search for memory. When reading a newspaper, subjects are inable to recognise having previously seen the ads, Janiszewski (1988) has shown , however that this exposure can boost a consumers liking for the ads and brands. Some marketing studies have investigated conditions that facilitate processing of secondary information (Janiszewski, 1993), the effect this processing has on the comprehension of focally attended material (Janiszewski, 1990), and why this processing affects ad attitudes (Janiszewski, 1993, Shapiro and McInnis, 1992). Prior research has attributed incidental advertising exposure effects to perceptual fluency arising from a feature analysis that occurs during exposure (Janiszewski, 1993; Shapiro et al., 1997). It is necessary to review the process by which preattentive processing may facilitate individuals responses. Two underlying mechanisms have been suggested: feature and semantic analysis. Both analysis mechanisms during preattentive processing will be briefly discussed: Feature analysis: Perceptual fluency asserts that when exposure leads to a memory trace for the perceptual features of the stimulus (e.g., shape and brightness), the features of the stimulus are more easily processed on a subsequent occasion. Without explicit memory for having just seen the stimulus, this ease in processing is misattributed as an increase in familiarity and/or preference for the stimulus (Bornstein, 1989). Perceptual fluency may be ascertained as the ease of processing the perceptual features of a stimulus (Jacoby and Kelley, 1987). Prior exposure is thought to create a feature based representation of the stimulus in memory, with the result that processing of the stimulus on subsequent encounters is facilitated and experienced as subjective ease. Shapiro, McInnis and Heckler (1997) indicate that the effects of incidental ad exposure on stimulus-based judgements (attitude judgements made in the presence of an ad or brand) are due at feature analysis that occurs during processing (Janiszewski, 1993). This processing allows secondary information to subsequently be perceived more easily and hence thought to be more familiar, evaluated more highly. When a person builds a mental representation of a distinguishing item, any ensuing processing takes place faster and, in many situations, lets the messages give the impression more appealing and accurate than they would be if they were crucial or perturbed to process (Reber and Schwarz, 1999). Furthermore, Bornstein and DAgostino (1994) construed the likeability of more readily accessible information conceding to a cognitive perceptual fluency/misattribution model, whereas Winkielman and Cacioppo (2001) suggest a hedonistic fluency model that ascertains constructing smoothly positive affective responses toward fluently processed stimuli. Referring to hedonistic fluency, gracious and affirmative emotional responses happen in consequence of the fact that accustomed stimuli frequently signify a harmless situation, successful. Recognition generates good feelings and comprehensible interpretation attends to positive mood. Janiszewski (1993) further leads the hemispheric approach to the branch of incidental advertising exposure and discerns that abonded verbal messages are more persuasive when they emerge on the right side of the chief area, but they convince inferior to visual cues if they are located on the left. Rendering to Janiszewski (1993) explanations of secondary messages are actuated chiefly by feature analysis, which contains the recognition and processing of the perceptual features of the stimulus in the subconscious mind (Shapiro, 1999). Therefore, when both test and visual stimuli appears to the left of focal point, viewers brains naturally accredit more capacity to treat the visual cues, which commences in higher acquaintance and likeability for the visual messages during ensuing confrontations. However McQuarrie and Mick (2003) found that incidentally exposed with ads figures produce more favourable attitudes and improved memory, whereas Clark and Brock(1994) declare no significant effects of images in ensuing processed ad warnings, along with greater attitude alterations after the exposure to peripheral verbal warnings (Acar, 2007). Semantic analysis: Although perceptual fluency relies on the encoding of feature information during exposure, an analogous process may occur if incidental ad exposure involves the processing of semantic information (Shapiro, 1997). A study by Whittlesea (1993) shows that fluency effects can instead beyond instances of perceptual processing by demonstrating that semantic processing can lead to feelings of conceptual (vs. perceptual) fluency. Whittlesea (1993) suggests that conceptual fluency will affect any judgement regarding a stimulus that relies on conceptually based processes, such as decisions of semantic relatedness. It was mentioned previously that perceptual enhancement may be used as a criterion for determining inclusion in a consideration set. The predominant theory accounting for this facilitation effect suggests that contextual scene information activates a schema for the theme or gist of a scene prior to object identification. The activated schema in turn creates expectancies about what objects are likely to be present. These expectations facilitate object identification (Shapiro, 1997). Di pace et al. (1991) found incidental semantic priming effects after 200milliseconds but not after 2,000 milliseconds. This supported their notion that automatic, non intentional semantic processing of parafoveal information is very short lived (Shapiro, McInnis, Heckler, 1997). In his research, Shapiro (1999) concludes that ad information can undergo a semantic analysis during incidental exposure. Advertised products can more easily take advantage of this analysis when they are depicted in a consistent scene. When advertised products are depicted in this fashion, incidental ad exposure leads to conceptual fluency effects, exerting unconscious ad influence during consideration set formation. When a product is depicted by itself, unconscious ad influences rely on a feature analysis that occurs during exposure. This analysi s creates perceptual fluency effects. The results of experiments in Shapiros (1999) study showed that subjects in the context condition had greater levels of unconscious ad influence and those in the no context condition. This demonstrated that semantic relatedness between the product and other contextual ad information affects differentially the likelihood that the products name would be activated in memory, and, thus, the likelihood that the advertised product would be included in consideration set. This suggests that semantic processing of contextual ad information is what accounts for the context facilitations effects. In our work, we refer to one of the major theories that explain the effects of incidental advertising which is the theory of Zajonc (1968) called  «mere exposure and subconscious processing ». In fact, Zajonc (1968) defines the mere exposure effect as the observation that « mere repeated exposure of individual to a stimulus is a sufficient condition for the improvement of his attitude toward it ». By mere exposure is meant a condition which just makes the given stimulus attainable to the individuals perception. It arises when repeated or single exposure to a stimulus, even in the absence of acquaintance, results in the formation of a positive affective reaction to the stimulus (Zajonc, 1968). In another side, Janiszewski (1993) defines mere exposure to a brand name or product package as the process that encourages a consumer to have a more favourable attitude toward the brand, even when the consumer cannot recollect the basic exposure. This theory is interesting for our study as Zajonc (1968) found that as number of exposure increased, so too did the favourable evaluations. Bornstein, Leone and Galley (1987) have approved these effects when participants are aware as well as not of the presence of stimuli. Further, Ye and Raaij (1997) suggested another definition of mere exposure as they claim that the mere-exposure effect in the absence of awareness represents implicit memory. Mere exposure is the formation of a positive affective reaction to repeated or single exposure to a stimulus, even in the absence of awareness. Bronstein (1989) reveals that research on the influence of repeated stimulus exposures has demonstrated that preferences can be formed without an accompanying awareness of the preference formation process. Thus, there was a positive affective reaction to the previously presented stimuli (as assessed by their preference judgements) in spite of the fact that these stimuli had not been perceived consciou sly. Another major theory that explains the effects of incidental advertising is the theory of hemispheric processing styles. In reality, many a myth has advanced around the brains asymmetry. The left cerebral hemisphere is supposed to be the calculatedly logical, verbal and governing half of the brain, while the right is the utopian side, emotional, spatially aware but suppressed (McCrone, 2000). Recording to this theory, the human visual system is organized as stimuli located within the individuals field of foveal vision, roughly 1.5 degrees to the left or right of the current field of focus are initially sent to the right hemisphere for processing, and stimuli placed to the right hemisphere for altering, and stimuli placed to the current field of focus are originally sent to the left hemisphere. This theory suggests that summing information to support verbal claims in an advertisement may influence the subconscious processing of the claims. Janiszewski (1990) affirms that processing st yle refers to the procedure or process each hemisphere uses when attacking to achieve a task. Hemispheric resource theory predicts that the availability of resources to form a memory trace of the outputs of a feature analysis may be sensitive to an activation created by the feature analysis its self. To apprehend the effects of incidental exposure to advertising, Janiszewski (1990) recommends the cooperative interaction model which is based on two hypotheses that affect directly to the problems of a dual strategy processing system. The first is that the brain is reciprocal, parallel processor-each hemisphere has its own independent bank of resources and each hemisphere is able of involving concurrently in multiple operations (Janiszewski, 1990).The second assumptions that the hemispheres collaborate cooperatively (Allen, 1983).The assumptions of the cooperative interaction model can be applied to anticipate how nonattended material might intercede with the apprehension of an unattended verbal messages (Janiszewski, 1990).The model is based on capacity theories of attention ( Broadbent 1971; Kahneman, 1973) as well as on general models of information processing, in which motivation, competence and opportunity factors affecting message processing are synthesized (MacInnis and Jawor ski 1990). A key belief underlying these theories and models is that the attentional faculty (or processing capacity) that is accessible to a consumer at a distinct point in time is limited, and that the part that is designated to the stimulus studied is a function of both exogenous (opportunity) and endogenous factors (motivation and ability). The autonomy versus cognition mediation controversy has come to an impasse and has been surpassed by the rise of perceptual fluency as a popular account of the mere exposure effect. Consistently, Wang et al. (2002) found that placing a brand name to the right of attended pictorial information should send it to the less activated left hemisphere, where it will receive a greater degree of subconscious processing than if sent to the right hemisphere. The possibility that placement influences evaluation of a peripherally placed stimulus stems from the hypothesis that the hemispheres have different processing styles. The differential competency of the left and right hemisphere for forming a mental representation of a stimulus during a preattentive processing has a direct implication for our understanding of one potential benefit from manipulating the location of the incidental ads. Thats why we adopt this theory. In fact, referring to the works of Janiszewski (1988, 1993, and 1999) we suppose that ads were more liked when placed in the left, as opposed to the right, visual field because this draft encouraged the viewer to use the holistic processing resources of the right hemisphere to initially. This theory is very ancient, many researchers adopted it and even neuroscientists have supported it. Neuroscientists affirmed, in fact, the distinction between the processing that occurs in the right hemisphere and left hemisphere. In this study we stipulate that incidental ads placed in the left were more liked. III.3. Implicit memory One of the important cognitive responses are memories. A large number of studies have studied memory for advertisement. Yoo (2005) revealed that prior literature in memory research suggests that when consumers are exposed to an advertisement, multiple representations of the advertisement are encoded in memory. In this study, we give a great importance in studying the memory. In fact, to understand how unconscious advertising affects consumer preference, it is first necessary to understand something about how consumers think. But previously marketing studies examining memory for advertisements have relied approximately wholly on examining effects contingent on explicit memory retrieval. In psychology, memory is an organisms ability to store, retain, and recall information. Kronlund, Whittlesea and Yoon (2001) define memory as the commander of all acquired human behaviour, containing speech, conceptual apprehension, skilled activities, social interactions, and consumer preferences. In another side, neuroscientists define memory as the retention of learned information, the acquisition, storage and retrieval of information. To achieve a true understanding of any aspect of human behaviour, it is therefore essential to have an effective theory of memory. In fact, extant literature offers strong evidence that product judgement and brand choice decisions are often influenced by information retrieved from memory (Alba and Hutchinson, and Lynch, 1992). One type of memory that emerges from an exposure event is explicit memory (Yoo, 2005). At the time of exposure, a depiction of the information is encoded in memory and is correlated with a spatio-temporal context that attaches the information to the exposure incident. This memory depiction is attributed to as explicit memory, as known as episodic memory. Explicit memory is characterised by a persons conscious recall of the event and replies what he or she remembers about the event (Lee, 2002). Its also, characterized by a respondents conscious recollection of the preceding exposure. Thus measures of explicit memory make direct reference to the past exposure, and suspects are interrogated to demonstrate what they can remember about the prior event (Yoo, 2007). In fact, Bertrand and Girardi (2007) reveal that explicit memory codifies information on autobiographical events, moreover knowledge of facts. Its creation builds upon cognitive processes of the evaluation, conflicting and assum ing type. Implicit memory has an unintentional and impulsive attribute, and its formation and recall are not entirely dependent on the aptitude of having or attaining knowledge of cognitive processes (Lee, 2002). Cooper and Schacter (1992) defined implicit memory as nonintentional, nonconscious retrieval of previously acquired information and is demonstrated by enhanced performance on tests that do not require conscious recollection of the past. Explicit memory: on the other hand, requires intentional, conscious recollection of the past. The difference between implicit and explicit memory in terms of nonconscious and conscious retrospection is enigmatic because these states of consciousness loss accepted defining criteria. However, the term implicit memory was formulated by Graf and Schacter (1985), with attributing to the phenomenon of remembering without awareness (Lee, 2001). Implicit memory is analyzed to be revealed by relief in tasks that use memory whereas explicit memory is affirmed by straight testing memory (Jacoby, 1991). This memory is unallied of cognitive resource, acts constantly and inevitably whether we are paying a lot or a little attention or even no attention at all, and i s able of attaching emotional meaning to anything that it perceives (Heath, 2007). Our interest to study those memories comes from the fact that Shapiro, McInnis and Heckler (1997) advice that the presence of unconscious processing would be indicated by two measures: (1) implicit memory for the object brand names (2) no manifestation of explicit memory of the target ad (Yoo, 2005). Berry and Dienes (1993) affirm that in the case of incidental advertising, contextual knowledge is acquired through implicit attaining processes which concede complicated information about the stimulus environment to be without intention or awareness. They supplementary propose that incidentally acquired contextual knowledge forms a highly robust, instance based and implicit memory for context. The favour of implicit learning is that permits more information to be acquired than is possible through consciously linked channels. The capital advantage of implicit learning is that it may allow cognitive systems to memorize more information about stimuli than can be processed through consciously controlled channels (Lewicki et al., 1988). Jacoby and Dallas (1981) define the facility with which a person recognise the physical characteristics of a stimulus as perceptual fluency and is identified to be enhanced through preceding exposures. Especially, empirical proof from implicit memory research arrays that prior exposure to a target of ten benefits task performances such as lexical decision, word completion and anagram solving that involves the identification of the perceptual features of the target (Lee and Labroo, 2002). They reported that conceptual fluency eases consideration-set membership and memory based-choice as the result of extended accessibility of the brand in memory (Lee, 2002, Nedungadi, 1990, Shapiro, McInnis and Heckler, 1997) and they lead to the apprehending of the processing fluency model by showing that conceptual fluency influence judgements, too. Enhanced performance has been examined even when respondents are not aware of their having been exposed to the information earlier. Enhanced performance as the termination of preceding exposure recommends that people have memory of the exposure event, even though they may not consciously remember it. This enhancement reflects implicit memory of the event and is often mentioned to as priming. According to the cue accessibility hypothesis, an emotion may effect ones evaluations of ad stimuli because materials stored in memory that are conforming that emotion state will be more available, and consequently more likely to come to mind then they would at another time. Current findings in the mere exposure literature show that perceptual fluency is positively valenced, thus peoples assessment of an object grows as it becomes perceptually more fluent. Extended literature has displayed that the level of attention in encoding does not affect implicit memory but actively influences explicit memory. Schacter (1987) check out numerous alternative theoretical clarifications of such dissociations. One explanation, the activation view, holds that implicit memory performance rests on concepts that are briefly activated in memory due to the antecedent exposure (Yoo, 2007). One of the theories conducted in the field of neuroscience is the competence hemispheric theory. This theory recommends that memory traces are essential to bring the order in which material is presented. The right hemisphere has a more accurate performance of sequentially presented events because it does not commonly essay to reconfigure information as does the left hemisphere (Janiszewski, 1990). The left hemisphere sounds more able to process written or verbal ads, where as the right part of the brain triumph at visual ads. Janiszewski (1990) support Friedman and Polsons matching activation hypothesis and suggests that the greater activation of the right (left) hemisphere during the processing of attended pictorial(verbal) information should improve processing of supplementary material represented within the left(right) hemisphere provided that the material in opposing hemisphere can be treated by that hemisphere. During preattentive processing, if individuals bank only on perceptual fluency (feature analysis), their responses should be independant to the advertisement message, if indeed the individuals are knowledgeable only of features (e.g. size, color) in print advertising. However, if semantic analysis is possible, cognitive responses may implicitly embody the advertisement message, such as a brand name or impressive message cues, even though individuals do not explicitly remember them. Sine this research predicted that semantic analysis is also struggled during preattentive processing, it is anticipated that individuals have implicit memories of print advertisement message as a result of preattentive processing. Processing a print advertisement in a preattentive way will notify the brand delineated within the advertisement and thus construct an implicit memory trace for the brand, even though an individuals explicit memories for of the advertisement will be at levels no greater than thos e awaited by chance (Raman and Leckenby, 1998). Based on the above discussion and the results of anterior studies, the first hypothesis is suggested: Hypothesis 1. Incidental processed advertising is more likely to generate implicit memory than that expected by chance. III.4. Emotional responses Until now, there is no scientific and precise definition of the term emotion. In colloquial language, the term is used to refer to feelings and moods and also refers to the way these are expressed both in behaviour and bodily answers (Kandel; Schwartz and Jess ell, 2000). The Longman Dictionary definition of emotion is strong feeling (e.g. anger, fear, joy) usually incorporating physiological change (1984). Further, according to the complete Oxford English Dictionary, in a psychological classification the term emotion refers to a mental feeling or affection (e.g.: of pleasure or pain, desire or aversion, surprise, hope or fear, etc.) as distinguished from cognitive or volitional states or consciousness also abstr feeling as distinguished from the other classes of mental phenomena (OED, 1994 version). Far from the traditional approach to the study, the cognition accentuates information processing of view that has generally excluded emotion. In contrast, the recent emergence of cogniti ve neuroscience as an inspiration for understanding human cognition has stressed its interaction with emotion. An understanding of human cognition requires the consideration of emotion. Research in neuroscience has resulted in a definition that is distinct from feeling. In contemporary neurological research, emotions are unconscious processes, occurring in the inner and most primitive parts of the brain. Damasio (2003) have written that emotions play out in the theatre of the body so by contrast feelings play out in the theatre of the body. To understand the effects of incidental advertising on emotion we refer to the works of neuroscientists. In fact, decision neuroscience offers the commitment of deepening our understanding of emotion and decision making in a number of ways. Neuroscientists like Damasio and Le Doux have shed a great deal of light on the critical roles that emotion plays in the brain (Damasio, 1994; Le Doux, 1996). Le Doux (2002) claims that emotion can be defined as the process by which the brain determines or computes the value of stimulus. Other aspects of emotion than duplicate from this computation (Meyer-Dinkgrà ¤fe, 2007). In his book, Descartes Error, Damasio declares that the French philosopher may have blow when he came up with his famous dictum, I think, therefore I am. Had Descartes understood the central role that emotions play in the workings of the m ind, he may well have written, I feel, therefore I am (Plessis, 2005). Damasio (1994) can be trusted with initiating modern thinking about how emotions are processed. He uses the concept of a limbic system in the mammalian brain, a construct developed by MacLean (1952) to represent the original mammalian brain, which lies beneath the more recently developed neo-cortex. He shows that activity in the proto-self always anticipated activity in core consciousness. This therefore means that emotions and feelings are always formed pre-cognitively (Heath, 2007). The role of emotion in mental processes is a matter of fervent reflection, where Damasio (1994) argues for strong, but not unique, role for emotion within an exhibited nervous system in general. In particular, the research reviewed above confirms that ads victoriously appealing to the emotions are better remember than their cognitive cousins, although very little is known about the mechanisms supporting the formation of the emotional memories and their effects on consumer choices (Palessman, 2005). It is so important to differentiate between the affective responses toward the stimulus and the global feelings. In this context, emotion represents specific feeling states at the time of incidental exposure. This goes with the definition of Batra and Holbrook (1987) who have distinguished emotional reactions from subcategories of affective responses toward the advertisement. We have also to distinguish emotion from moods. Different to moods, emotions are more stimulus particular (Cohen and Areni, 1991) and emotions may fluctuate highly in their intensity level. Thus, emotions may impact the effectiveness of print ads differently than do moods (Mherabian and Russell, 1974). As there is a delay between the incidental advertising exposure and subsequent brand choice, memory processes ought to be important in determining the effectiveness of particular kinds of advertising. We will examine in the experimental part the critical link between emotion and memory and look how this argues strongly for a dynamic understanding of the way emotion works as we process advertising. The findings of Percy (2003) suggest that in addition to the words and visual images, we also store the emotions that are present at the time so when we recall that event, the emotions associated with it are also recalled whether we are conscious or unconscious of those feelings. Memory in particular, has been studied in terms of its relationship to affect by a number of researchers (Batra and Holbrook, 1987). Hall et al. (2006) stipulate that emotionally arousing the scenes are better remembered than neutral one so emotion has an impact of the memory formation. Events associated with emotions were found to be more memorable. Canli et al. (2000) have found that amygdala activation reflects moment-to-moment subjective emotional experience that this activation enhances memory in relation to the emotional experience and that this activation enhances memory in relation to emotional intensity of experience. They discover also that memory for emotional stimuli and experiences varied the sexes; women seem recalling emotional autobiographical events than men, produce memory with greater emotional intensity in response to cues. Always referring to neuroscience, it has been known for some time that the amygdala is a key brain region for the formation of emotional memories. Cognitive neuroscientists have begun recently to illuminate the psychological and neural mechanisms underlying emotional holding of past events (Percy, 2003; Plessis, 2005). Emotion-memory interactions occur at several stages of information processing. By adopting the perspective of neuroscientists, we struggle to forward our understanding of the link emotion and memory. LaBar and Cabeza (2006) reported that emotion has authoritative influences on learning and memory that comprise multiple brain systems engaged in at different stages of information processing. Further witness of the link between emotion and memory was provided by Ashby et al. (1999). They found that positive affect of individuals facilitates the reinforcement of long term memory as it systematically influences performance on many tasks; their new neuropsychological theory postulate that accounts for many of these effects by assuming that positive affect is associated with increased brain dopamine levels. For Jacoby (1991), recognition memory is treated as dual process that includes recollection (a conscious, controlled process) and familiarity (an unconscious, automatic process). The dual process model stipulates that, for recognition, recollection acts as a discrete state and familiarity can be vi

Critically discuss the current law relating to the above situation in English law and compare this to France jurisdiction.

Abstract The law of murder is often subject to much critique because of its unfavourable treatment towards women. Although many changes have recently been made to this area to rectify the problems, questions are still being raised as to whether the pre-existing gender biases still exist. This study will review the current law in England and then compare it to the approach that is undertaken in France. This will allow a consideration to be made as to whether the changes have proven effective. Introduction The Coroners and Justice Act 2009 was introduced in order to remove the gender inequalities that existed under the old law and thus enable a better distinction to be made between revenge killings and those committed in the heat of the moment.[1] Nevertheless, much criticism still surrounds the new provisions and it has been said that the pre-existing gender discrimination is still present.[2] Conversely, the approach that is being adopted in France does appear to be more effective in eradicating the gender bias that exists,[3] though it is questionable whether this is more favourable. This study will critically discuss the current position in England with regards to the loss of self control defence and will then compare it to the position in France. Loss of Control Defence under English Law Previously, it was extremely difficult for women to establish a defence in circumstances where they committed a killing in the heat of the moment. This type of defence, also known as provocation, required those seeking to rely on the defence to show that they had a sudden and temporary loss of control. This defence discriminated against women who suffered from a so-called ‘slow-burn’ effect because of the fact that an element of premeditation was often involved. In circumstances such as this, women were deemed to have committed a revenge killing, of a premeditated or calculated nature as opposed to a killing in the heat of the moment.[4] Much injustice arose as a result of the law in this area and it was evident that reform was needed. In 2010 a new ‘loss of control’ defence was introduced under the Coroners and Justice Act (CJA) 2009 and was intended to rectify the problems that existed. Under the new law, it now has to be shown that the defendant lost his or her self control as a result of some qualifying triggers. It must also be demonstrated that a person with a normal degree of tolerance and self restraint would have acted in the same way as the defendant. This objective test provides the courts with greater flexibility when deciding whether or not the defendant lost her self control as the comparator must be of the same age and sex as the defendant. This is beneficial to women who are likely to react differently in the situation to men and so it is important that they are being compared to people with the same characteristics.[5] The new regime is thus similar to the position that was adopted in R v Camplin[6] where it was made clear that the reasonable person must have the same characteristics as the defendant. Whilst this seems as to be the fairest approach to employ in ensuring that a distinction can be made between revenge killings with those committed in the heat of the moment, not all would agree. The Law Commission had originally opposed these changes for fear that women would still be discriminated against if sex was to be considered as a factor, though this was rejected by the Ministry of Justice.[7] It has since been argued that the inclusion of sex as a factor was a mistake on the part of the Ministry of Justice[8] and that it â€Å"unnecessarily refracts and reinforces stereotypes that men and women differ in their ability to control their behaviour.†[9] It has been argued that sex should be dealt with â€Å"under the partial defence of loss of control as part of the positioning of the hyp othetical person within the wider ‘circumstances’ of D.†[10] It cannot be said that this would completely remove the opportunity to stereotype and it seems as though stereotypes will continue to be prevalent within this area of the law. Previously, the loss of self control was confined to a state of anger and rage and women who suffered the slow-burn effect could not rely on the defence. However, under section 55(3) of the CJA 2009 the first qualifying triggers have been defined as a â€Å"loss of self control attributable to the defendant’s fear of serious violence from the victim against the defendant or another identified person.† This takes into account situations involving the slow-burn effect and enables a distinction to be made between revenge killings and those committed in the heat of the moment. Whilst it remains the case under the new law that there must still be a loss of control, the jury are required to take all of the circumstances into account when deciding whether the defendant did in fact lose her self control as well as the nature of the conduct which constituted the qualifying trigger. They should also consider the sensitivity of the defendant and the conditions in which the killing took place.[11] These provisions are clearly a lot more women friendly than they used to be since women are more likely to have an element of premeditation than men are.[12] This is largely due to the fact that women lack the same physical strength as men and so it would be much more difficult for them to act in a spontaneous manner. Instead they would have to wait for an opportunity to act when their partner would be least expecting. Nevertheless, as has been pointed out; â€Å"the slow burn defence would still have a high threshold.†[13] Accordingly, it is important that the defence does not allow for â€Å"cold, calculating killers to get away with it†[14] by widening the scope too far. The removal of the suddenness’ requirement in section 54(2) is another positive change since it had; â€Å"long been a hindrance for women whose experience of provocation has been described as more akin to a ‘boiling over’ than the male ‘snap’ response.†[15] As demonstrated in R v Duffy[16] and R v Thornton[17] it would be deemed unfavourable if there was a delay in responding to a situation as the loss of control would not have been â€Å"sudden.† The removal of this requirement now accommodates those who act out of fear, yet there is still the additional qualifying triggers requirement. This is a subjective test that will be based upon the defendant’s own loss of self control, yet some difficulties still tend to arise. An example of which can be seen in the R v Clinton, Parker, Evans[18] case. Here, it was questioned whether the consideration of sexual infidelity should be excluded in a case that involves other qualifying triggers.[19] It was stressed by the judge stressed that sexual infidelity could only be considered if other triggers were present and could not be relied upon singlehandedly. This demonstrates that the qualifying triggers still produce much uncertainty and because of this the distinction between revenge killings and those committed in the heat of the moment will remain complex.[20] It is questionable why the ‘loss of self control’ phrase was kept under the new law since negative connotations are frequently associated with it. The current law does not appear to have removed the pre-existing discrimination that existed and women are still being treated unfavourably to a certain degree. Whilst the previous law was â€Å"inherently contradictory†[21] and in need of reform[22] the restrictions that exist as a result of the new ‘qualifying triggers requirement’ suggests that the new law has been unsuccessful. The court’s decision in R v Clinton, Parker, Evans[23] has been criticised for failing to â€Å"grasp the actual workings of the new law as sexual infidelity cannot be considered under any of the prongs of the new defence.†[24] Whether the court erred in its decision is questionable, but it seems as though the decision does not help to put right the pre-existing discrimination and has been said to â€Å"completely ignore the feminist aims behind the legislation.†[25] Consequently, it could be said that the two-limbed ‘loss of control defence’ is flawed on the basis that it does not remove the intended pre-existing discriminations. It is extremely difficult to correct the imbalance between men and women and illustrates that further reform may in fact be needed. This was recognised by Hill who pointed out that; Hill that; â€Å"Partial and incremental reforms of this kind risk complicating the existing system when what is needed is comprehensive and c oherent reform of the type suggested by the Law Commission.†[26] Because of the underlying problems that continue to surround this area it is difficult to tell whether the new loss of control defence is merely a justification or excuse for murder. The defence remains favourable to those who kill in the heat of the moment over those who kill with an element of premeditation and because sexual infidelity can be considered as one of the qualifying triggers, it has been said that the defence will be capable of being used as a means of excusing crimes of passion.[27] Conversely, as noted by Gerry; â€Å"the new law makes it plain that where the killing arises in relation to sexual infidelity this is not a qualifying trigger that will allow a murder to be reduced to manslaughter.†[28] Loss of Control Defence under French Law Crimes of passion (crime passionnel) under French law referred to killings whereby the perpetrator had a sudden loss of self control as opposed to a premeditated one. Such crimes were considered to be a valid defence for murder in France during the early 19th Century, however this all ended in the 1970’s when the Napoleonic Code was updated.[29] Prior to the Napoleonic Code being updated women were significantly discriminated against since due to the fact that this defence was a lot more favourable to men. This is similar to the position in England where men had greater control over women, yet when the code was updated â€Å"a specific father’s authority upon his whole family was over.†[30] Prior to this, it was only husbands that were capable of establishing the crime passionnel defence according to the Code Penal,[31] however, by the late 19th Century women were able to rely on the defence also.[32] An element of leniency was placed upon women in France much ea rlier than it was in England and it seems that attitudes towards women in England have only recently started to change. It was thought that one reason for the increasing acquittal rate for women committing crimes of passion in France was due to the change in attitude jurors had towards women. They felt that by â€Å"killing their unfaithful husbands or husband’s mistresses, they had committed justifiable homicides because they had acted to protect their wounded honour.†[33] This is a far cry from the position in England where women find it extremely difficult to establish a defence for crimes of passion and even though the reform to the law has attempted to rectify this, it is still evident that disparities exist. However, it could be argued that the position in France is far too lenient than the position in England. Whilst France became much more tolerant to crimes of passion over the years, England became more intolerant, suggesting that England will be less likely to acquit persons accused of such crimes. As identified by Donovan; â€Å"British newspapers deplored the frequency with which French juries acquitted persons accused of crimes of passion and noted with satisfaction how much more civilised Britons were in not forgiving such crimes.†[34] Consequently, it could be said that violence is more excusable in France than it is in England and that women who commit killings will be viewed a lot more sympathetically. The differences that exist under English and French law demonstrate the importance to which cultural and social norms have in influencing the decision of juror’s. Thus, because crimes of passion are given much more lenience in the French courts, these types of crim es are likely to occur much more frequently than they are in England. Whilst it could be said that less gender discrimination occurs in France as a result of this, the fact that crimes of passion are being justified so easily is actually a dangerous occurrence. Hence, women in France will not think twice about killing their husbands if they are found to have conducted infidelity as they will be aware of the high acquittal rates.[35] In England, on the other hand, infidelity will not be considered as a basis for establishing the loss of control defence and those who are found to have killed their partners under such circumstances will not be viewed favourably. There is much critique surrounding the law that relates to crimes of passion in England since it is felt that women are discriminated against: â€Å"difficulties are presented by the requirement that the capacity for self-control, now expressed as the ‘tolerance’ and ‘restraint’, required of the defendant, is to be decided on objective grounds.†[36] However, the law in France appears to have gone completely in the opposite direction, namely being too sympathetic towards women. Whilst both men and women should be treated the same when considering whether any defence to murder are available, it is important that the scope is not widened too much. Whether sexual infidelity should be included as a trigger for losing one’s self control in England is doubtful since this would lead to a trial being focused primarily upon the deceased’s behavior as opposed to the defendants. This would appear somewhat illogical and would be viewed as a travesty of injustice by the deceased relatives.[37] The deceased would not be able to defend himself and the whole process would be distressing for the victim’s family. Furthermore, concerns would also be raised about the leniency approaches that are taken in respect of crimes of passion and much focus would be on the sexist values that underpin the basis for such crimes. It has been said that the exclusion of sexual infidelity as a triggering factor was a â€Å"gesture of politics†[38] and that â€Å"its exclusion seems completely logical in modern society.†[39] It has been said that the emphasis should be â€Å"placed upon the fear of serious violence and the necessity for self-preservation and the concept of a loss of control is simply a historical distraction.†[40] Conclusion Overall, the law of murder in England was clearly in need of reform since too much gender discrimination existed. Whilst many of these injustices have been rectified by the Coroners and Justice Act (CJA) 2009, much discrepancy still exists. Accordingly, it has to be shown that the loss of control resulted from a serious fear of violence or that it was attributable to things that has been said or done which were considered grave in nature. Emphasis is now placed upon whether the loss of control image is one of anger and not fear, which again can be difficult for women to establish. Furthermore, because of the restrictive nature of the qualifying triggers, sexual infidelity cannot be considered alone. Nevertheless, this could actually be necessary in preventing crimes of passion from being excused, as is the position in France. Hence, those that are considered to have killed their partner as a result of sexual infidelity will be excused in France, which makes it a lot easier for women to establish a defence. Although this lenient approach makes the process less discriminatory, it has actually been considered too broad given that crimes of passion are more frequent in France than they are in England. It is important that a balance is struck so that women are not being discriminated against on the one hand, and that too much lenience is not being given on the other. Bibliography Books A Reed and M Bohlander, Loss of Control and Diminished Responsibility: Domestic Comparative and International Perspectives, Ashgate Publishing Ltd, (2013). C Granier, La Femme Criminelle, United States, O. Doin Publishing, (1906). C V Connor, CheatedHow to Make Sure What Goes Around Comes Around, Lulu.com, (2010). D Ormerod, Smith and Hogan’s Criminal Law, OUP Oxford, 13th Edition, (2011). J Conaghan, Law and Gender, Oxford University Press, (2012). M Bohlander and A. Reed, Loss of Control and Diminished Responsibility: Domestic, Comparative and International Perspectives, Ashgate Publishing Ltd, (2013). N Monaghan, Criminal Law Directions, OUP Oxford, 2nd Edition, (2012). S Wood, Italian Women’s Writing, 1860-1994, Bloomsbury Publishing, (1995). Journal Articles A Carline, ‘Reforming Provocation: Perspectives from the Law Commission and the Government’ (2009) Web Journal of Current Legal Issues, Volume 2, [2009] 2 Web JCLI, 17 March 2014. A Edwards, ‘Changes to the Law on Homicide’ The Law Society Gazette, 17 March, 2014. D J Baker and L X Zhao, ‘Contributory Qualifying and Non-Qualifying Triggers in the Loss of Control Defence: A Wrong Turn on Sexual Infidelity’ (2012), 76 Journal of Criminal Law 254, Issue 3. D Pallister, ‘New Defence in Domestic Abuse Cases’, (2009) The Guardian, 17 March, 2014. F Gerry, ‘Scuttlebutt’ (2012) 176 Criminal Law & Justice Weekly 60, Issue 5. J M Donovan, Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries, University of North Carolina Press, (2010). J Miles, ‘The Coroners and Justice Act 2009: A Dog’s Breakfast of Homicide Reform’ (2009) Archbold News, Volume 6, Issue 7. Ministry of Justice, Murder, Manslaughter and Infanticide, MoJ CP (R) 19, 2008. Ministry of Justice. ‘Partial Defences to Murder: Loss of Control and Diminished Responsibility and Infanticide: Implementation of Sections 52, and 54 to 57of the Coroners and Justice Act 2009’ Criminal Law Policy Unit Ministry of Justice, 18 March 2014. M Hill, ‘New â€Å"Loss of Control† Defence as Murder Law Reforms Take Effect’ (2010), UK Human Rights Blog, 17 March 2014. R Ferrari, ‘Crime Passionnel in French Courts’ California Law Review, Volume 6, Issue 5, 331-341. R Harris, ‘Melodrama, Hysteria and Feminine Crimes of Passion in the Fin-de-Siecle’ Hist Workshop J, Volume 25, Issue 1, 31-63. S M Edwards, ‘Anger and Fear as Justifiable Preludes for Loss of Self Control’ (2010), The Journal of Criminal Law, Volume 74, No. 3. The Law Commission, ‘Partial Defences to Murder’ (2004) Law Com 290, Cm 6301. T Whitehead and A Hough, ‘Murder can be ‘crime of passion’ says top judge’ (2012) The Telegraph, 17 March 2014. V McAviney, ‘Coroners and Justice Act 2009: Replacing Provocation with Loss of Control’ (2009), Inherently Human, 17 March, 2014. Case Law R v Camplin (1978) AC 705 (HL) R v Clinton, Parker, Evans [2012] EWCA Crim 2 R v Duffy (1949) 1 AER 932 R v Thornton [1996] 1 WLR 1174 Legislation Code Penal Coroners and Justice Act 2009 Napoleonic Code

Psychological Research on Depression Experiment Case Study - Free Essay Example

Sample details Pages: 4 Words: 1251 Downloads: 6 Date added: 2019/04/15 Category Psychology Essay Level High school Tags: Depression Essay Did you like this example? This course paper will delve into a case study involving a woman who was selected from an experiment involving depression after showing a higher positive outcome from said experiment. The Individual used in this case study was a White British woman in her 50s named Theresa. She signed up for a computerized positive mental imagery training program that was being tested to see if it had any positive impact on an individuals depression. Don’t waste time! Our writers will create an original "Psychological Research on Depression: Experiment Case Study" essay for you Create order This individual has been described as having major depression for at least two years one specialist claimed, but she acknowledged that she has had recurrent depression for years dating back to her early 20s. Per the case study, the diagnostic interview revealed she suffered from various comorbidities such as; travel phobias, social phobias, general anxiety disorder, and post-traumatic stress disorder. All of which has been considered to contribute to her major depression diagnosis. She often feared as coming across as stupid in conversations with her peers, as well worrying often about her life such as her health, her job/debt and her daughters lives as well. She has also acknowledged that she drinks more than she should and has recently been taking less hours at work (in part to help take care of her mother with Alzheimers disease). She has tried medicines in the past but often rejected it saying medicine would not solve the problem. The diagnostic interview revealed key events told by Theresa that we can certainly say had some impact on her well-being now. We will use her symptoms as well as her past to interpret and analyze how other schools of thought would explain the etiology or the origins of her mental illness. The schools of thought that will be covered are psychodynamic, which is one of the earliest approaches to understanding the mind, and made famous by Sigmund Freud who fabricated theories which formed the psychodynamic path to psychology. Studying the role the unconscious plays on the mind, behavior and personality. Behavioral, initially studied by Ian Pavlov and soon after by John Watson; refers the study of behaviors that are learned through everyday life, and interactions with the world. And finally, biological, which can be dated back to Charles Darwin who believed in natural selection and based his theories on it. The biological school of thought specifically studies our genetics and evolution t o see what role they may play on our behavior, thoughts and feelings. We will first cover the psychodynamic school of thought. This school of thought is based primarily on the unconscious mind and how it affects personality. Some basics to cover are that the psychodynamic school of thought is based on the assumption that our past experiences have a strong influence on our behavior, feelings and even decisions, while hiding deep in the unconscious. Many who followed this theory believed early on that our personality can be affected and manipulated based on an individuals history, and that is something that can be said about Theresa. From a young age, she has had anxiety in social settings and was even physically assaulted at work leading to her post traumatic stress disorder. These disorders still affect her and from a psychodynamic view they would say that those past experiences lead her to a more isolated lifestyle. Shes afraid to be in conversations fearing a negative opinion of her from her peers. She also admitted that she had previous administrati ve jobs but recently started taking less hours at work. She admitted of an early social phobia that originated in her teens. Having less interaction with peers her age could possibly be the reason she choose to stay out of conversations and taking less hours at work later on in her life. Those negative feelings and thoughts possibly stayed in her unconscious and influenced how she behaves socially as an adult. As for the drinking, although she didnt admit to having a family history of alcohol dependence, she admitted she does drink more than she should, and it could be possible that she grew up around familys members who may have drank excessively; storing that information in the unconscious and later brining that trait out when she grew up whether she realized it or not. The behavioral school of thought has a slightly different interpretation as to why she may act and have the type of personality that she does. John Watson believed that we have to stop studying the mind in a way that we dont fully understand, he believed that our actions, feelings and behaviors can be directly linked our environment and the triggers that have an impact on individuals. Per the textbook, This approach emphasizes environmental effects on observable behavior. From a behavioral view, Theresas current lifestyle and behaviors have been determined by her reaction to her environment. Past positive experiences could led to possible positive future scenarios, but since shes had anxiety and various other disorders, its fair to say her past has been more negative than positive. For example, she mentioned that she was previously assaulted at work, leading to her post traumatic stress disorder and later admitted that she has been taking less hours at work. This decision of hers may have been influenced from that experience, fearing another assault she choose less hours at work. The same can be said about her social interactions with workers, since she had social anxiety early on, those past experiences could have led her to fear conversations with others, as well as living alone with her mother. As for her travel phobia, which includes public transportation as well as driving her own car, she may have been previously in an accident or may have seen one that could have led to her behavior and fear of traveling. Finally, Theresa admitted that she worries about her daughters lives substantially, and that they dont live close which doesnt help. Her daughters living far away could increase her concern for them, possibly making her think that theres not much she can do to help. The last school of thought that we will analyze is biological. Per Psychological Science (sixth edition), Almost all biological and psychological activity is affected by the actions of multiple genes In addition, scientists are beginning to understand the relationship between situations, genes, and behaviors. The biological school of thought relies heavily on evolution and how our genes and traits play a role on our behavior and feelings. For example, today our society has an abundance of food, some healthy and some not. A lot of individuals eat junk food, and per the textbook, it may be hard to stop eating such food. That may be in part explained by the fact that thousands of years ago we didnt have access to such vast amounts of sugars and types of junk foods. It was more of a survival aspect to earlier humans since it was harder to come by; and those traits seemed to be passed down influencing our cravings for that type of food today. As for Theresas phobia of traveling, that cou ld be explained by our need to survive, she may fear getting into an accident and our survival instinct may be affecting her behavior and feelings towards moving at such a fast speed. Moving on to her constant concern of her daughters lives and her own health, this may be influenced by our desire to reproduce and safe guard our offspring, hoping to spread our genes to more generations, survival of the fittest as Charles Darwin would say.

Relationship Between Teacher And Students - 979 Words

Relationships in the classroom Building a relationship between the teacher and the student is not always easy, but it is necessary and important. In the first lecture of this course, the importance of a relationship between the teacher and the students was discussed [1]. Building a good relationship in the classroom setting is not only a tool for building a better learning environment, but also a way to make a teacher s work matter. If the relationship between the teacher and the student is bad, usually the student feels pushed out and rejected and therefore develops a bad relationship with the subject and with learning. A large body of research supports the idea that a good teacher-student relationship helps the students feel better and have higher academic achievements [2]-[5]. A good teacher, one that has a good relationship with his/her students can manage to instill a growth mindset in their students and help them achieve more also in the future, when the said teacher is not present anymore. Building a relationship takes time and effort, as humans do not immediately accept strangers in their lives and don t usually trust others unless that trust is earned. For a teacher, earning the trust of a student can be a very complicated process, based on different experiences and different views on various topics. There are three main factors that set the basis for the classroom relationships: the way in which we interact, the content of the interactions and the environmentShow MoreRelatedRelationship Between Teachers And Students Essay1017 Words   |  5 PagesRelationships between teachers and students are considered a quintessential part of the student’s academic and social success. 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