Adopted Metodoogy of a Criminal Law - Research Paper Example

? Criminal Law Criminal Law Research Methodology Adopted The supposition is that John erecting the sign warning drivers of the risks of parking in close proximity to the school gates might constitute a criminal offence and should seek permission to erect it. The research questions included whether John erecting the sign warning drivers of the dangers of parking so close to the school gates constitute a criminal offence and whether John ought to seek permission to erect the sign (National Safety Council, 2005 p. 12). The research design addressed the research inquiries and depicted its approach with level-headedness in that John erecting the sign might definitely be a criminal offense since he has not done any research on the topic, and at the same time, the action may be a risk to other drivers (World Touring and Automobile Organization, 1953 p.25). John should also get permission from the necessary authorities to erect or not erect because there are rules that govern erecting signs. The apposite methodological literature includes relevant legislation, cases, as well as journal articles (Great Britain, Northern Ireland, Scotland & Wales, 2006 p. 24). The research context offered justification of the research setting with background data, which included the fact that many accidents have taken place within the vicinity of schools because of the erection of so many signs, insufficient space amid signs, as well as no provision of a lucid view for other road users (Hands, 2002 p14). All these actions have led to the impeding of other signs, which does not give the road user enough time to make necessary decisions, as well as securely implement any required maneuver (Organisation de coope?ration et de de?veloppement e?conomiques, 2004 p. 13). The research sample utilized was purposive sampling to select the target populace because the researcher was only interested in individuals who were concerned if John would put up the sign or not. Five road users, two teachers and administrator from the school, as well as two heads of the traffic control department (Macken, 2011 p.67). The sample size was arrived at by utilizing a formula usually used to work out the model size needed for the study. The populace was utilized to compare and contrast their views and observations of the traffic situation around the school to find out if there are dangers that exist already or any that will exist when the sign is put up (Standards South Africa, 2004 p.37). The data sources included interviews and secondary data from relevant legislation, cases, as well as journal articles. Interviews were utilized to collect first hand data from individuals who were to be concerned if John had put up the sign or not. Data was collected after getting relevant permission from the authorities, at the school, roadway, as well as the traffic signs department (European Conference of Ministers of Transport, 2000 p.14). After the data was collected, it was examined, edited, coded, as well as analyzed. Relevant software such as MS Word and MS Excel were employed to sort through data gathered via interviews to make out patterns, as well as establish relationships. Validity was ensured by instituting a coherent connection amid the study objectives and interview questions. The researcher will guarantee obscurity by respondents, as well as all data will be treated with discretion and will just be utilized for meeting the purpose of the study (Automobile Association, 2009 p.87). Advice addressing John’s Concerns In regard to the concern of John erecting the sign warning drivers of the dangers of parking so close to the school gates might constitute a criminal offence, John should do extensive research and find out what makes up criminal offence and what does not, from relevant legislation, cases, as well as journal articles (Aa Publishing, 2010 p.189). For example, State law needs the traffic control department to take on standardized principles for traffic control tools, counting signs, along public roadways. WAC 468-95 takes on the MUTCD, as well as Washington State adjustments to the MUTCD M 24-01 like these principles. The MUTCD, along with WSDOT modifications offer guidance on the projected utilization and placement of authoritarian, warning, direct, and motorist data signs, in addition to precise size information, as well as installation (National Research Council (U.S.), 2004 p.129). In regard to John’s chosen place to put it the sign, which is within the curve of his facade garden, giving it the utmost effect due to clear visibility to every driver coming near the school, he will have to consult with the traffic control department so that he can learn about sign locations (Hill, 2003 p.79). This is because even though Johns sign will signify that the “danger kids crossing” indication will be noticeable to drivers, the sign locations clearly as stated in the State law that signs are required to be put up to give a lucid view for the road user, as well as not barricade supplementary signs. Signs ought to be adequately spaced to permit the road user an instance for making necessary decisions, as well as to safely effect any obligatory maneuver. Overloading road users with too much data may cause perplexity. Signs ought to be situated as far-flung from the journeyed way as probable, while remaining visually efficient by putting them up on a ditch backslope, instead of placing it on the inslope or base (Johansson & Backlund, 2008 p.38). In regard to John seeking permission to erect the sign, he can make an application for consent from the County Council to put up the sign within the Highway. The application is received to put up signs to lend a hand in providing instructions the committee will carry out an assessment, make out possible positions for the signs, drawing them, as well as offering the applicant with an excerpt. If approved, the signs are prepared and put up, and the proof of purchase is after that sent to John, who in this case is the applicant. Unauthorized signs in the public road are against the law (Two-Can Resources Unit, & Derby (England), 2009 p.48). An excellent show to what this implies is signs added than roadway signs or even signs put up by the County Council, which is also Highway Authority or with their authorization. Any additional sign is prohibited, and since they can barricade the highway such as John’s intended sign, weaken visibility, result unswervingly in harm or injury, or structure a dangerous disruption, the Highway Authority encompasses a responsibility to seek their exclusion or to get rid of it them (National Research Council (E?.-U.), 1991 p.84). If John does not seek permission to erect the road sign on the outside of his property, as he wanted to do, he would be legally responsible to prosecution. This is because for those who did not act in accordance with with an authorized notice to get rid of an object that possibly will be obscuring an accessible roadway traffic sign. Within practice, unsanctioned signs possibly will serve as a disincentive, but the law can in no means put them into effect. Therefore, if John ignores getting authorized permission in a state such as Virginia, an infringement of this sector shall make up a Class 4 crime (Bissonnette, 2003 p.89). This is because the law clearly states that no unauthorized individual shall put up or sustain on any public road any caution or direction sign, indicator, or light in replication of any certified sign, indicator, or light put up as made available by law. Since John has already had the sign made, he should look at the Traffic Signs Manual to make sure it meets the requirement for signs, as well as lighting, along with the reflectorisation of signs. For example, John can find this within the existing British Standard publication number 873, the structure of roadway traffic signs, in addition to internally lightened up, bollards. These requirements for school signs include size, color, height, and lettering (Duff, 2010 p.278). Lastly, if John is not conversant with the laws and regulation concerning erecting of signs in school areas, or might not interpret the information well, he can get a consultant to do the research and work for him. Te consultant can do thorough research related to John’s concern and relay all the possibilities open to him. The consultant should have the advantages and disadvantages of all options he finds within John’s dilemma. He can then advise John on which option or line he should follow that will be the easiest, most successful, and efficient. This will enable John to reflect over the present erecting sign options, and finally make the decision on which trail he take after measuring all options against one another (The law journal, 2006 p. 26) . Pedestrian wellbeing depends on public comprehension of accepted techniques for well-organized traffic control. This standard is particularly important within the management of pedestrians, bikes, and supplementary vehicles within the surrounding area of educational institutions. Neither people on foot who are going to or from educational institutions nor additional roadway users have the aptitude are anticipated to move securely within school regions unless they are aware of both the want for traffic controls, as well as the manner in which these controls work to their advantage (British Standards Institution, 2003 p.123). John can therefore try talk to the school administrator or bring the local community and school together. Afterwards, he can clearly express his concern on the subject of the risk posed by parents who usually parking by the side of the road, as well as and for the most part outside his residence, even as they drop off, as well as pick up their kids from school. From there, the groupings involved can come up with the most capable solution to the problem (European Conference of Ministers of Transport, 2004 p.253). References Aa Publishing. (2010). Know Your Road Signs Highway Code Twinpack. Aa Pub. Automobile Association (Great Britain). (2009). Know your road signs. Basingstoke, AA. Bissonnette, K. K. (1973). Highway road signs: a comparison of sign location, letter case, and word order with respect to driver response time. Thesis (M.S.)--Montana State University, 1973. British Standards Institution. (1983). Road traffic signs and internally illuminated bollards, Part 1: methods of test. [S.l.], BSI. Duff, A. (2010). The boundaries of the criminal law. New York [u.a.], Oxford Univ. Press. European Conference of Ministers of Transport. (2000). Safety in road traffic for vulnerable users. Paris, France: ECMT. European Conference Of Ministers Of Transport. (2004). Road Safety performance: national peer review : Lithuania. Paris, France, Organisation for Economic Co-operation and Development. http://new.sourceoecd.org/9282123197. Great Britain., Northern Ireland., Scotland., & Wales. (2006). Traffic signs manual: Chapter 8. London: TSO. Hands, S. (2002). Road signs. Princes Risborough, Shire. Hill, M. (2003). Signs on the road. New York, Children's Press. Johansson, G., & Backlund, F. (1968). Drivers and road signs 2. Sweden, University of Uppsala. Macken, J. E. (2011). Road signs. Mankato, Minn, Amicus. National Research Council (E?.-U.). (1991). Maintenance management of street and highway signs. Washington, D.C., National Research Council, Transportation Research Board. National Research Council (U.S.). (1974). Transportation research record. Washington, Transportation Research Board, Commission on Sociotechnical Systems, National Research Council, National Academy of Sciences. National Safety Council. (2005). School safety. Chicago: National Safety Council. Organisation de coope?ration et de de?veloppement e?conomiques. (2004). Keeping children safe in traffic. Paris: OECD. Standards South Africa. (2004). Road signs. Part 2, Performance requirements for road signs. Pretoria, Standards South Africa. The law journal. (2006). London: E.B. Ince. Two-Can Resources Unit, & Derby (England). (1989). Roadsigns: roadsigns from the Highway code booklet. Derby, Two-Can Resources Unit. World Touring And Automobile Organisation. (1953). International road safety and traffic review. London, World Touring and Automobile Organisation. Read More