Capital Punishment On Drug Trafficking Criminology Essay

Capital Punishment On Drug Trafficking Criminology Essay With the capital punishment being carried out by China, issues on how it will affect the relations between the Philippines and China emerged. Moreover, there are calls of international organizations such as Amnesty International, International Harm Reduction Association and United Nations Commission on Human Rights (UNCHR) to abolish death penalty for drug offences. As reiterated by Lines (2007), drug related crimes are not considered as most serious crimes in the International Human Rights Law, therefore, it should not be punishable by capital punishment. The study intends to analyze how capital punishment of OFWs affected the bilateral relations between the Philippines and China and how it violates the International Human Rights Law. Moreover, the study is to assess the policies, treaties and agreements made and signed between the Philippines and China in relation to capital punishment on OFWs. In addition, the study aims to examine why clemency was not granted by China to the OFWs on death row despite of the Philippines appeals and to analyze the effects to the political, economic and social factors between the two countries. Furthermore, the study will contribute to policy developments appropriate for the resolution of the problem. It is significant to engage in this topic for lessening, if not, preventing OFWs from being involved in future drug trafficking cases through the study of Chinese laws governing the execution of capital punishment to foreign drug traffickers. Theoretical Framework of the Study The paper attempts to define a deterrence theory of punishment framework by Cesare Beccaria (1764) and revised by Anthony Ellis (2004) for discussing the issue on capital punishment to overseas Filipino workers in China that are involved in drug related crimes in which within this paper, a better understanding will be cultivated in analyzing the existence of capital punishment on drug related crimes. Under this framework, it could be established that there are negative effects in the outlook of other nations towars countries that are still executing capital punishments. This framework would help justify the reasons why such punishments was formed and implemented. The theory discusses on the different ideas as to why these kind of punishments is being implemented in some states and one of the reasons is that it assumes that those crimes made needs equal sufferings in return and that of which is argued by Ellis that is not morally plausible. Ellis also argued that the deterrence theory is about a concept that crime gives some pleasure and because of that, there is a need for punishment in order to prevent individuals from committing criminal acts again. This theory also justifies the reason of those countries that has capital punishment in a way that criminals should be given heavier punishments like death penalty if the committed crime was grave and detrimental to the state and safety of the public. The deterrence theory of punishment could be defined in which it is the undertaking of punishments of those people who violated a law so that the crime committed will not be done again. In that context alone, it could be understood that deterrence is created to set limitations for people not to abuse its liberties and that is why countries like China who has capital punishment believes in making things right if it will teach law offenders, such as drug traffickers a lesson and to those who has intentions in doing crimes such as drug trafficking will fear of doing such act due to the punishment being given. 2.0 Review of Literature The Peoples Republic of China (PRC) is one of the countries in the world that performed the most executions of capital punishment on drug trafficking cases (Amnesty International Death Penalty Statistics, 2011). This statement is also supported by Hays (2008) by explaining how the PRC has executed many people already compared to other countries altogether. The PRC is categorized as an iron fist country that implements the laws equally towards its people, including foreign nationals (Criminal Law of the Peoples Republic of China, 1997). Drug trafficking is considered as a serious crime and is subjected to capital punishment (Guiang, 2012). It is characterized as an act which involves the cultivation, manufacture, distribution and sale of substances, which are subject to drug prohibition laws (United Nations Office on Drugs and Crime [UNODC], 2012). According to Bi (2012), there are different factors that need to be considered before the verdict of capital punishment could be decided. The one responsible for the decision and approval of capital punishment cases is given to the Supreme Peoples Court of the Peoples Republic of China, which is the highest judicial court in the country (The Supreme Peoples Court of the Peoples Republic of China, 2009). It is guided by the Criminal Law of the Peoples Republic of China (1997), which serves as the basis of crimes and the corresponding penalties, wherein it classifies drug trafficking as a crime deemed punishable by capital punishment. The Chinese Government believes that by executing drug traffickers, it would discourage others from committing the same crime, which they termed as the Strike Hard anti-crime campaign (Hays, 2008). At first, drug trafficking cases are not directly subjected to capital punishment, but due to the uniqueness of the Chinese legislation, the possibility of having a verdict of capital punishment becomes higher (Criminal Law of the Peoples Republic of China 1997). Bi (2012) reiterated that the Chinese legislation has two specific elements, it uses a quantitative model as a basis on estimating the seriousness of the drug trafficking case, and that if the drug trafficker who is caught is a repeated offender; as a result, there is a great chance for the Supreme Peoples Court to approve an execution contributed by previous minor cases, since offenses and penalties are being calculated cumulatively. The step-by-step processes that a drug trafficker go through before an execution, is provided under the Criminal Procedure Law (CPL) of the Peoples Republic of China, which is being handled by the procuratorate, an agency that is tasked to prosecute criminal cases (National Bureau of Corruption Prevention of China, 2009). In accordance with Belkin (2000), there are seven procedures to be observed under the CPL, which are the following: (1) Preliminary Investigation, under articles 84 and 85, the police and the procurate would take actions on a suspected drug trafficker; (2) Filing a Case, the police or the procurator would bring up a case against the drug trafficker that would declare that a crime is officially made; (3) Compelled Appearance, it requires the suspect to present himself to the police station for further questioning; (4) Detention, the part where the suspect is being arrested; (5)Formal Arrest, where the suspect is being held under custody which usually takes about two months or more; (6) Trial Procedures, a process involving three decision makers and the part where the evidences are presented to prove that the suspect is indeed guilty of drug trafficking, and lastly; (7) Sentencing, it is when the court would announce its verdict. It takes about two years a nd beyond for the whole process to be concluded and once the verdict has been made, the sentencing of capital punishment is then given; there is only one way of execution for foreign drug traffickers which is through lethal injection (Lu, 2008). Though, it usually results a verdict of capital punishment if the drug trafficker illegally possesses more than one kilogram of narcotic drugs (Hays, 2008). The Supreme Peoples Court of the Peoples Republic of China (2002) has reformed the capital punishment by conceptualizing distinctive features within the system. It stipulates that minors below 18 years old and pregnant women are automatically exempted from being executed (Criminal Law of the Peoples Republic of China, 1997). Lu (2008) explained that in the Chinese context, minors are exempted because their intellectual, mental and psychological capacity is not yet fully developed; as a result, minors are unaware of their actions. The capital punishment with a two-year reprieve of execution is one of the unique aspects within the capital punishment system of the Peoples Republic of China (Criminal Law of the Peoples Republic of China, 1997). Under Section 5, Article 48 of the Criminal Law of the Peoples Republic of China (1997), it states that there is a possibility of having a two-year reprieve for capital punishment on cases which needs not be punished immediately. Wang (2011) explained that the rationality behind this is for the reduction in use of the death penalty, cautious application of the death penalty, and tempering justice with mercy. It is because in the past years, the growing number of people sentenced with capital punishment has become alarming, and with this, the Chinese Government hopes that the imposition of the two-year reprieve would bring a decline to the number of cases (The Supreme Peoples Court of the Peoples Republic of China, 2002). According to Wang (2011), if the person observes goo d behavior during the two-year reprieve, there is a chance that his punishment would be reduced into life imprisonment. It also serves as a period where drug traffickers are subjected into forced labor, as a way of reforming them (Belkin 2000). The bilateral relations of the Philippines and China are weakened with the executions of Overseas Filipino Workers (OFWs) who were convicted of drug trafficking. Since 2011, China executed four OFWs with drug trafficking cases namely: Ramon Credo, Sally Villanueva and Elizabeth Batain in March 2011, and an unnamed 35-year old Filipino in December 2011 (Santos, 2011). It is reiterated by the Presidential Communications Operations Office [PCOO] (2011) that China carried out the execution despite of the Philippines appeal for clemency to commute capital punishment to life imprisonment. Clemency cannot be granted to the Filipinos on the death row because of the strict implementation of the Chinese laws. According to Guiang (2012), once a verdict of the Supreme Peoples Court of the Peoples Republic of China [SPA] has been made, pleads of the Philippine government will no longer change the decision. Philippine Vice President Jejomar Binay went to China on March 2011 to appeal for clemency to the three OFWs who were on the death row (PCOO, 2011). As stated by PIA (2011), in view with the diplomatic relations with the Philippines and in accordance to the Chinese laws, Chinese officials granted the postponement of the execution of the three OFWs to a month, from February to March. The Philippines appreciated the postponement of the execution and fully respected the final verdict of the SPA (PCOO, 2011). The execution of capital punishment to the four OFWs did not cause strains to bilateral relations, as reiterated by both countries. This argument is proved by the Official Gazette of the Republic of the Philippines [OGRP] (2011) that the executions of the OFWs produced stronger bilateral relations between China and the Philippines through the Joint Statement of both countries which aimed to promote and strengthen political cooperation between the two countries. In the political aspect, both countries advocated in combating transnational crimes, including drug trafficking, protection of nationals, negotiations for a treaty in relation to mutual legal assistance in criminal matters and transfer of sentenced persons are made, as reiterated by OGRP (2011). Moreover, a memorandum of understanding between the Department of Foreign Affairs (DFA) of the Philippines and the Ministry of Foreign Affairs (MFA) of China is signed to strengthen political cooperation between the two countries to pr event OFWs from being involved in future drug trafficking incidents (OGRP, 2011). The Capital punishment is considered a violation to the International Human Rights Law. The Capital punishment or popularly known as death penalty in China to drug offenders has been a great concern for the international community because it violates the International Human Rights Law and the most fundamental law which is the Right to life (Lines, 2007). There are three major international organizations that protects human rights because of Chinas procedure on execution and sentencing and making the death rate of executions a state secret and that is why organizations such as Amnesty International, International Harm Reduction Association and the United Nations are fighting to abolish it. According to the International Human Rights Law drug offenses is not applicable to what they refer as crimes that are punished with death it is only those persons that committed the considered most serious crimes should be given a punishment of death sentence in Article 6 (2). This law was also give n a resolution by the United Nations and that Drug trafficking is not recognized and considered by the International Human Rights Law as one of most serious crimes (Gallahue, 2011). There are major organizations that are taking substantive measures to stop the execution of capital punishment in some countries. The organizations are the United Nations Commission on Human Rights (UNCHR), the International Harm Reduction Association (IHRA) and the Amnesty International (Lines, 2007). According to the International Harm Reduction Association (2007), the Chinese government violates the International Human Rights Law which is proved by Lines (2007) in a way that it doesnt consider drug offences a crime that is punishable with death sentence. In Chinas legal system, the law on death penalty on drug traffickers is stated in Article 347 of Chinas Criminal law, they have specific laws on the amount of grams of drugs that was being handled by the foreign national shall subjected to interrogation immediately without having a legal counsel to defend him and only after a certain period of time then he shall have a legal counsel but if the accused foreign national have witness ed that he did carry such drugs then he shall be on trial and sentenced with death penalty (Supreme Peoples Court of the Peoples Republic of China, 2002). Although the Chinese government have its system of investigating the prosecution in the trial, still, the foreign national could not defend himself because of the circumstance that the lawyer is not of which of his choice to defend him, that alone is bias, that fact is discriminating and is therefore a violation to the International Human Rights Law (Gallahue, 2011). The international community, as a whole, does not perceive drug offences as punishable by death sentence. According to Lines (2007) the approach of the countries that follows this practice does give rationale justification that drug offences are indeed punishable by death. It is viewed by China that a drug offences is a grave crime while in the International Human Rights Law, it is only when a crime against the state and a homicide should be considered a crime punishable by death (Bi, 2012). According to the International Harm Reduction Association [IHRC] (2007), there have been disproportionate execution and sentenced foreign nationals when it comes to drug trafficking because of the lack of due process in the procedure of determining if whether or not the assumed criminal is guilty of smuggling drugs or not because of discriminatory laws on drugs with foreign nationals. This is why drug cases in China pertaining to foreign nationals are very alarming to the people who are planning to visit China or work there perhaps (Lines, 2007). A retentionist state like China reasons that they are following this death penalty procedure to safe guard their country from hard drugs and according to the United Nations Working Group on Arbitrary Detention that countries that have death penalty punishment to drug trafficking should be abolished because they failed to give an adequate protection on due process (Gallahue, 2011). In Chinese law procedure, in Article 61, which states that those that will be given a punishment will be based upon the nature of the incident of when he was caught with the drugs and the circumstances of whether how harmed the society, But in drug trafficking they do not follow as such, they just determine a drug trafficker when he is caught with the drugs on his bag but they do not consider the other mitigating circumstances on whether it was planted by someone else and this makes it even contradicting to laws they have on their system (Supreme Peoples Court of the Peoples Republic of China, 2002). The Peoples Republic of China argues that executing capital punishment on drug offenders a grave offense and therefore is subject to death penalty. In accordance to this, the Human Rights Committee have also made it clear that in Article 14 which states that, including a right to a fair hearing by an independent tribunal, the presumption of innocence, the minimum guarantees for defense and the right to review by a higher tribunal and also the right to seek pardon on the sentence (International Harm Reduction Association, 2007). However, in Chinas legal system in punishing drug offenders, it is not stated there that they have the right to seek pardon and that alone is a violation in the International Human Rights Law. China as a retentionist argues with the fact that although drug related offences are non-violent crimes, it is still a grave crime because it is heinous, grievous and it destroys their traditional values and with these things it results to social harm (Supreme Peoples Co urt of the Peoples Republic of China, 2002). 3.0 Results and Discussion In 2001, four OFWs were sentenced with capital punishment in the Peoples Republic of China (PRC) due to drug trafficking. Ramon Credo, Sally Villanueva and Elizabeth Batain were caught smuggling drugs weighing 1 kilogram in March; meanwhile an unnamed 35-year old Filipino in December was caught with 1.5 kilograms of drugs. With the application of the Chinese Criminal Law, these four OFWs were immediately subjected with capital punishment for illegally possessing more than one kilogram of narcotic drugs. Like any other criminal cases within the PRC, there were set of procedures being observed during the whole process of their trial. The Chinese and the Philippine governments signed a Memorandum of Understanding (MoU) on August 31, 2011 and made a Joint Statement on September 01, 2011 to prevent further future drug trafficking incidents that will involve OFWs (The Philippine Embassy in China, 2012). This is pursuance of the commitment of both countries to combat transnational crimes, which includes drug trafficking. Table 1 and 2 shows the data on the Philippine imports performance with the Peoples Republic of China from January to May 2012 and 2011 and the Philippine exports performance of May 2012 and 2011 with the said country. Table 1. Philippine Imports Performance with Peoples Republic of China: January to May 2012 and 2011 (in Million U.S. Dollars) Source: http://www.census.gov.ph/data/sectordata/2012/im120503.htm Table 2. Philippine Exports Performance with Peoples Republic of China: May 2012 and 2011 (in Million U.S. Dollars) Source: http://www.census.gov.ph/data/pressrelease/2012/ex1205tx.html The figures presented in Tables 1 and 2 show that there is no decline in the imports and exports between the Philippines and the Peoples Republic of China after the execution of capital punishment for drug trafficking of the three OFWs. Instead, the trade between the two countries strengthened as imports and exports increased. Table 3 presents the data on the Overseas Filipino Workers (OFWs) Cash Remittances from the Peoples Republic of China on January to June 2012 and 2011. Table 3. Overseas Filipino Workers Cash Remittances January to June 2012 and 2011 (Landbased and Seabased) (in Thousand U.S. Dollars) Source: http://www.bsp.gov.ph/statistics/keystat/ofw.htm The data presented in Table 3 shows that there is no drop in the in the cash remittances sent by OFWs from China to the Philippines despite of the execution of the three OFWs in March. Instead, the cash remittances flow from China to the Philippines grew stronger in January to June 2012. The Universal Declaration of Human Rights (UDHR) [2012] that promulgated the International Human Rights law have strongly disprove on the capital punishment issues on some countries that are executing individuals that have committed crimes that are not considered as most serious crimes (UDHR, 2012). As all other human rights, the right to life is the first and foremost core value of the UDHR and that is what the Peoples Republic of China violated (Nowak, 2005). It does not only protect individuals against arbitrary interference by Government agents, but also obliges States to take positive measures in order to provide protection from arbitrary killings, enforced disappearances and similar violent acts committed by paramilitary forces, organized crime or any private individual (Nowak, 2005). Under the laws of the UDHR, the countries that have capital punishments should follow fair trial to give the accused person the opportunity to defend himself. States must therefore outlaw such act s as crimes, and must implement appropriate legislation (UDHR, 2012) According to the Article 5 of UDHR No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The moment that the declare to a person that he/she will be subjected to capital punishment such as death penalty through lethal injection is already a mental torture to a person. It is already causing mental pain for a person to have the agony of waiting for the time he/she will be killed (UDHR, 2012) A punishment such as lethal injection to foreign drug offenders in the Peoples Republic of China can be considered already as cruel punishment because it is killing of another individual and therefore it is inhume and a degrading punishment. (UNCHR, 2012) The International Covenant Commission on Civil and Political Rights (CCPR) [2007] is the covenant made by the United Nations Commission on Human Rights with regards to the protection of the individual rights of a person such as the Right to Life. According to Article 7 of CCPR No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. The UDHR and the CCPR clearly has the same position with cruel punishments. The CCPR also is strongly fighting for its abolition. In Article 6 of CCPR, it stated Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant. Prior to this law, there are still retentionist countries that are passive to what these International Laws are advocating (CCPR, 2007). Moreover, since retentionist countries still do what they have practiced, the international law provides for procedural requirements applicable to all death penalty cases: fair trial guarantees, the possibility of appeal to a higher court, and clemency (Nowak, 2005). According to Article 6 (4) of CCPR, amnesty, pardon or commutation of a death sentence may be granted at all times. Clemency may postpone or set aside a death sentence for instance, by commuting it to life imprisonment and can be used to make up for errors, mitigate a harsh punishment or compensate for any criminal law provisions that may dis- allow consideration of relevant factors. The right of any death convict to seek clemency is clearly affirmed in international human rights law. However, the Peoples Republic of China rarely grants clemency to drug offenders in their country, they have a strong stand point in their laws on drug related crimes (Nowak, 2005). According to CCPR, the death penalty should constitute exceptional punishment, always meted out in accordance with the principle of proportionality. Article 6 of CCPR refers to the most serious crimes and, under the Safeguards, the definition of the most serious crimes punishable by death should not go beyond intentional crimes, with lethal or other extremely grave consequences. But this is not being applied to the Peoples Republic of China because they are executing death penalty on foreign drug offenders caught in their state (Nowak, 2005).

Ðrama work centered on a mystery bag

This section of our drama work centred on a mystery bag, we made various scenes and sketches about it, this acted as preparation for our final piece. Our first lessons work with the bag was brainstorming its possible owners, uses and just using imagination to create some sense of mystery about the bag. When then, in subsequent lessons had to create short plays about possible owners and uses of the bag, and also how it had come to different people. Among these one of the plays I performed was of a lawyer, losing the bag containing all of his important papers etc, for this short scene we had to find and bring in a piece of music to accompany it. Another thing we did that incorporated the bag was a set of five still images depicting an action scene that focused on the bag, for this we also used music to help create a certain atmosphere. All of this work was groundwork for our final piece, our guidelines were as follows: Make a five – ten minute play about the bag that incorporates a piece of music and one or more drama conventions. In planning our play we brainstormed and developed different ideas, and then picked the one we thought that we could act out best and the one that could be developed most. The idea that we chose was one that had already been discussed in class, but not been looked into any real detail. Here is a brief description of our play: Beginning: A museum with a guide showing visitors around the old artefacts and treasures, they come across the old wreckage of the Isabella II ship, the guide tells of how the ship sunk, they then move to watch a short video of how this happened. Middle: We act out the video of how the ship didn't sink accidentally, and how really the ships captain and his conspirators sank it on purpose in order to gain the insurance money. Ending: We come back to the museum and the guide finishes things off by showing the visitors the captain's bag that carried the plans and blueprints. We soon came across a problem in making our play; we only had three people in our group but over 10 characters (some only extras). We managed to overcome this by using different props and costume to distinguish between the people. Another setback that we came to in making our play was trying to act out being on a ship etc without having a great deal of furniture etc with which to make our set. I think that our final performance went quite well, our only problem was improvising with being on a stage, we hadn't practised like that, so we had to adapt, but other then that it went well. The audience seemed to think that it was ok, no one boo-ed and we got clapped at the end. I think its possible that if we did the play again then we could improve it; spacial awareness and positioning could have been better, but other then that I think our play was good. All in all I think that our performance was done to an adequate level and I was quite happy with it.

A Game of Thrones Chapter Seventy

Jon The mare whickered softly as Jon Snow tightened the cinch. â€Å"Easy, sweet lady,† he said in a soft voice, quieting her with a touch. Wind whispered through the stable, a cold dead breath on his face, but Jon paid it no mind. He strapped his roll to the saddle, his scarred fingers stiff and clumsy. â€Å"Ghost,† he called softly, â€Å"to me.† And the wolf was there, eyes like embers. â€Å"Jon, please. You must not do this.† He mounted, the reins in his hand, and wheeled the horse around to face the night. Samwell Tarly stood in the stable door, a full moon peering over his shoulder. He threw a giant's shadow, immense and black. â€Å"Get out of my way, Sam.† â€Å"Jon, you can't,† Sam said. â€Å"I won't let you.† â€Å"I would sooner not hurt you,† Jon told him. â€Å"Move aside, Sam, or I'll ride you down.† â€Å"You won't. You have to listen to me. Please . . . â€Å" Jon put his spurs to horseflesh, and the mare bolted for the door. For an instant Sam stood his ground, his face as round and pale as the moon behind him, his mouth a widening O of surprise. At the last moment, when they were almost on him, he jumped aside as Jon had known he would, stumbled, and fell. The mare leapt over him, out into the night. Jon raised the hood of his heavy cloak and gave the horse her head. Castle Black was silent and still as he rode out, with Ghost racing at his side. Men watched from the Wall behind him, he knew, but their eyes were turned north, not south. No one would see him go, no one but Sam Tarly, struggling back to his feet in the dust of the old stables. He hoped Sam hadn't hurt himself, falling like that. He was so heavy and so ungainly, it would be just like him to break a wrist or twist his ankle getting out of the way. â€Å"I warned him,† Jon said aloud. â€Å"It was nothing to do with him, anyway.† He flexed his burned hand as he rode, opening and closing the scarred fingers. They still pained him, but it felt good to have the wrappings off. Moonlight silvered the hills as he followed the twisting ribbon of the kingsroad. He needed to get as far from the Wall as he could before they realized he was gone. On the morrow he would leave the road and strike out overland through field and bush and stream to throw off pursuit, but for the moment speed was more important than deception. It was not as though they would not guess where he was going. The Old Bear was accustomed to rise at first light, so Jon had until dawn to put as many leagues as he could between him and the Wall . . . if Sam Tarly did not betray him. The fat boy was dutiful and easily frightened, but he loved Jon like a brother. If questioned, Sam would doubtless tell them the truth, but Jon could not imagine him braving the guards in front of the King's Tower to wake Mormont from sleep. When Jon did not appear to fetch the Old Bear's breakfast from the kitchen, they'd look in his cell and find Longclaw on the bed. It had been hard to abandon it, but Jon was not so lost to honor as to take it with him. Even Jorah Mormont had not done that, when he fled in disgrace. Doubtless Lord Mormont would find someone more worthy of the blade. Jon felt bad when he thought of the old man. He knew his desertion would be salt in the still-raw wound of his son's disgrace. That seemed a poor way to repay him for his trust, but it couldn't be helped. No matter what he did, Jon felt as though he were betraying someone. Even now, he did not know if he was doing the honorable thing. The southron had it easier. They had their septons to talk to, someone to tell them the gods' will and help sort out right from wrong. But the Starks worshiped the old gods, the nameless gods, and if the heart trees heard, they did not speak. When the last lights of Castle Black vanished behind him, Jon slowed his mare to a walk. He had a long journey ahead and only the one horse to see him through. There were holdfasts and farming villages along the road south where he might be able to trade the mare for a fresh mount when he needed one, but not if she were injured or blown. He would need to find new clothes soon; most like, he'd need to steal them. He was clad in black from head to heel; high leather riding boots, roughspun breeches and tunic, sleeveless leather jerkin, and heavy wool cloak. His longsword and dagger were sheathed in black moleskin, and the hauberk and coif in his saddlebag were black ringmail. Any bit of it could mean his death if he were taken. A stranger wearing black was viewed with cold suspicion in every village and holdfast north of the Neck, and men would soon be watching for him. Once Maester Aemon's ravens took flight, Jon knew he would find no safe haven. Not even at Winterfell. Bran might want to let him in, but Maester Luwin had better sense. He would bar the gates and send Jon away, as he should. Better not to call there at all. Yet he saw the castle clear in his mind's eye, as if he had left it only yesterday; the towering granite walls, the Great Hall with its smells of smoke and dog and roasting meat, his father's solar, the turret room where he had slept. Part of him wanted nothing so much as to hear Bran laugh again, to sup on one of Gage's beef-and-bacon pies, to listen to Old Nan tell her tales of the children of the forest and Florian the Fool. But he had not left the Wall for that; he had left because he was after all his father's son, and Robb's brother. The gift of a sword, even a sword as fine as Longclaw, did not make him a Mormont. Nor was he Aemon Targaryen. Three times the old man had chosen, and three times he had chosen honor, but that was him. Even now, Jon could not decide whether the maester had stayed because he was weak and craven, or because he was strong and true. Yet he understood what the old man had meant, about the pain of choosing; he understood that all too well. Tyrion Lannister had claimed that most men would rather deny a hard truth than face it, but Jon was done with denials. He was who he was; Jon Snow, bastard and oathbreaker, motherless, friendless, and damned. For the rest of his life—however long that might be—he would be condemned to be an outsider, the silent man standing in the shadows who dares not speak his true name. Wherever he might go throughout the Seven Kingdoms, he would need to live a lie, lest every man's hand be raised against him. But it made no matter, so long as he lived long enough to take his place by his brother's side and help avenge his father. He remembered Robb as he had last seen him, standing in the yard with snow melting in his auburn hair. Jon would have to come to him in secret, disguised. He tried to imagine the look on Robb's face when he revealed himself. His brother would shake his head and smile, and he'd say . . . he'd say . . . He could not see the smile. Hard as he tried, he could not see it. He found himself thinking of the deserter his father had beheaded the day they'd found the direwolves. â€Å"You said the words,† Lord Eddard had told him. â€Å"You took a vow, before your brothers, before the old gods and the new.† Desmond and Fat Tom had dragged the man to the stump. Bran's eyes had been wide as saucers, and Jon had to remind him to keep his pony in hand. He remembered the look on Father's face when Theon Greyjoy brought forth Ice, the spray of blood on the snow, the way Theon had kicked the head when it came rolling at his feet. He wondered what Lord Eddard might have done if the deserter had been his brother Benjen instead of that ragged stranger. Would it have been any different? It must, surely, surely . . . and Robb would welcome him, for a certainty. He had to, or else . . . It did not bear thinking about. Pain throbbed, deep in his fingers, as he clutched the reins. Jon put his heels into his horse and broke into a gallop, racing down the kingsroad, as if to outrun his doubts. Jon was not afraid of death, but he did not want to die like that, trussed and bound and beheaded like a common brigand. If he must perish, let it be with a sword in his hand, fighting his father's killers. He was no true Stark, had never been one . . . but he could die like one. Let them say that Eddard Stark had fathered four sons, not three. Ghost kept pace with them for almost half a mile, red tongue lolling from his mouth. Man and horse alike lowered their heads as he asked the mare for more speed. The wolf slowed, stopped, watching, his eyes glowing red in the moonlight. He vanished behind, but Jon knew he would follow, at his own pace. Scattered lights flickered through the trees ahead of him, on both sides of the road: Mole's Town. A dog barked as he rode through, and he heard a mule's raucous haw from the stable, but otherwise the village was still. Here and there the glow of hearth fires shone through shuttered windows, leaking between wooden slats, but only a few. Mole's Town was bigger than it seemed, but three quarters of it was under the ground, in deep warm cellars connected by a maze of tunnels. Even the whorehouse was down there, nothing on the surface but a wooden shack no bigger than a privy, with a red lantern hung over the door. On the Wall, he'd heard men call the whores â€Å"buried treasures.† He wondered whether any of his brothers in black were down there tonight, mining. That was oathbreaking too, yet no one seemed to care. Not until he was well beyond the village did Jon slow again. By then both he and the mare were damp with sweat. He dismounted, shivering, his burned hand aching. A bank of melting snow lay under the trees, bright in the moonlight, water trickling off to form small shallow pools. Jon squatted and brought his hands together, cupping the runoff between his fingers. The snowmelt was icy cold. He drank, and splashed some on his face, until his cheeks tingled. His fingers were throbbing worse than they had in days, and his head was pounding too. I am doing the right thing, he told himself, so why do I feel so bad? The horse was well lathered, so Jon took the lead and walked her for a while. The road was scarcely wide enough for two riders to pass abreast, its surface cut by tiny streams and littered with stone. That run had been truly stupid, an invitation to a broken neck. Jon wondered what had gotten into him. Was he in such a great rush to die? Off in the trees, the distant scream of some frightened animal made him look up. His mare whinnied nervously. Had his wolf found some prey? He cupped his hands around his mouth. â€Å"Ghost!† he shouted. â€Å"Ghost, to me.† The only answer was a rush of wings behind him as an owl took flight. Frowning, Jon continued on his way. He led the mare for half an hour, until she was dry. Ghost did not appear. Jon wanted to mount up and ride again, but he was concerned about his missing wolf. â€Å"Ghost,† he called again. â€Å"Where are you? To me! Ghost!† Nothing in these woods could trouble a direwolf, even a half-grown direwolf, unless . . . no, Ghost was too smart to attack a bear, and if there was a wolf pack anywhere close Jon would have surely heard them howling. He should eat, he decided. Food would settle his stomach and give Ghost the chance to catch up. There was no danger yet; Castle Black still slept. In his saddlebag, he found a biscuit, a piece of cheese, and a small withered brown apple. He'd brought salt beef as well, and a rasher of bacon he'd filched from the kitchens, but he would save the meat for the morrow. After it was gone he'd need to hunt, and that would slow him. Jon sat under the trees and ate his biscuit and cheese while his mare grazed along the kingsroad. He kept the apple for last. It had gone a little soft, but the flesh was still tart and juicy. He was down to the core when he heard the sounds: horses, and from the north. Quickly Jon leapt up and strode to his mare. Could he outrun them? No, they were too close, they'd hear him for a certainty, and if they were from Castle Black . . . He led the mare off the road, behind a thick stand of grey-green sentinels. â€Å"Ouiet now,† he said in a hushed voice, crouching down to peer through the branches. If the gods were kind, the riders would pass by. Likely as not, they were only smallfolk from Mole's Town, farmers on their way to their fields, although what they were doing out in the middle of the night . . . He listened to the sound of hooves growing steadily louder as they trotted briskly down the kingsroad. From the sound, there were five or six of them at the least. Their voices drifted through the trees. † . . . certain he came this way?† â€Å"We can't be certain.† â€Å"He could have ridden east, for all you know. Or left the road to cut through the woods. That's what I'd do.† â€Å"In the dark? Stupid. If you didn't fall off your horse and break your neck, you'd get lost and wind up back at the Wall when the sun came up.† â€Å"I would not.† Grenn sounded peeved. â€Å"I'd just ride south, you can tell south by the stars.† â€Å"What if the sky was cloudy?† Pyp asked. â€Å"Then I wouldn't go.† Another voice broke in. â€Å"You know where I'd be if it was me? I'd be in Mole's Town, digging for buried treasure.† Toad's shrill laughter boomed through the trees. Jon's mare snorted. â€Å"Keep quiet, all of you,† Haider said. â€Å"I thought I heard something.† â€Å"Where? I didn't hear anything.† The horses stopped. â€Å"You can't hear yourself fart.† â€Å"I can too,† Grenn insisted. â€Å"Quiet!† They all fell silent, listening. Jon found himself holding his breath. Sam, he thought. He hadn't gone to the Old Bear, but he hadn't gone to bed either, he'd woken the other boys. Damn them all. Come dawn, if they were not in their beds, they'd be named deserters too. What did they think they were doing? The hushed silence seemed to stretch on and on. From where Jon crouched, he could see the legs of their horses through the branches. Finally Pyp spoke up. â€Å"What did you hear?† â€Å"I don't know,† Haider admitted. â€Å"A sound, I thought it might have been a horse but . . . â€Å" â€Å"There's nothing here.† Out of the corner of his eye, Jon glimpsed a pale shape moving through the trees. Leaves rustled, and Ghost came bounding out of the shadows, so suddenly that Jon's mare started and gave a whinny. â€Å"There!† Halder shouted. â€Å"I heard it too!† â€Å"Traitor,† Jon told the direwolf as he swung up into the saddle. He turned the mare's head to slide off through the trees, but they were on him before he had gone ten feet. â€Å"Jon!† Pyp shouted after him. â€Å"Pull up,† Grenn said. â€Å"You can't outrun us all.† Jon wheeled around to face them, drawing his sword. â€Å"Get back. I don't wish to hurt you, but I will if I have to.† â€Å"One against seven?† Halder gave a signal. The boys spread out, surrounding him. â€Å"What do you want with me?† Jon demanded. â€Å"We want to take you back where you belong,† Pyp said. â€Å"I belong with my brother.† â€Å"We're your brothers now,† Grenn said. â€Å"They'll cut off your head if they catch you, you know,† Toad put in with a nervous laugh. â€Å"This is so stupid, it's like something the Aurochs would do.† â€Å"I would not,† Grenn said. â€Å"I'm no oathbreaker. I said the words and I meant them.† â€Å"So did I,† Jon told them. â€Å"Don't you understand? They murdered my father. It's war, my brother Robb is fighting in the riverlands—† â€Å"We know,† said Pyp solemnly. â€Å"Sam told us everything.† â€Å"We're sorry about your father,† Grenn said, â€Å"but it doesn't matter. Once you say the words, you can't leave, no matter what.† â€Å"I have to,† Jon said fervently. â€Å"You said the words,† Pyp reminded him. â€Å"Now my watch begins, you said it. It shall not end until my death.† â€Å"I shall live and die at my post,† Grenn added, nodding. â€Å"You don't have to tell me the words, I know them as well as you do.† He was angry now. Why couldn't they let him go in peace? They were only making it harder. â€Å"I am the sword in the darkness,† Halder intoned. â€Å"The watcher on the walls,† piped Toad. Jon cursed them all to their faces. They took no notice. Pyp spurred his horse closer, reciting, â€Å"I am the fire that burns against the cold, the light that brings the dawn, the horn that wakes the sleepers, the shield that guards the realms of men.† â€Å"Stay back,† Jon warned him, brandishing his sword. â€Å"I mean it, Pyp.† They weren't even wearing armor, he could cut them to pieces if he had to. Matthar had circled behind him. He joined the chorus. â€Å"I pledge my life and honor to the Night's Watch.† Jon kicked his mare, spinning her in a circle. The boys were all around him now, closing from every side. â€Å"For this night . . . † Halder trotted in from the left. † . . . and all the nights to come,† finished Pyp. He reached over for Jon's reins. â€Å"So here are your choices. Kill me, or come back with me.† Jon lifted his sword . . . and lowered it, helpless. â€Å"Damn you,† he said. â€Å"Damn you all.† â€Å"Do we have to bind your hands, or will you give us your word you'll ride back peaceful?† asked Halder. â€Å"I won't run, if that's what you mean.† Ghost moved out from under the trees and Jon glared at him. â€Å"Small help you were,† he said. The deep red eyes looked at him knowingly. â€Å"We had best hurry,† Pyp said. â€Å"If we're not back before first light, the Old Bear will have all our heads.† Of the ride back, Jon Snow remembered little. It seemed shorter than the journey south, perhaps because his mind was elsewhere. Pyp set the pace, galloping, walking, trotting, and then breaking into another gallop. Mole's Town came and went, the red lantern over the brothel long extinguished. They made good time. Dawn was still an hour off when Jon glimpsed the towers of Castle Black ahead of them, dark against the pale immensity of the Wall. It did not seem like home this time. They could take him back, Jon told himself, but they could not make him stay. The war would not end on the morrow, or the day after, and his friends could not watch him day and night. He would bide his time, make them think he was content to remain here . . . and then, when they had grown lax, he would be off again. Next time he would avoid the kingsroad. He could follow the Wall east, perhaps all the way to the sea, a longer route but a safer one. Or even west, to the mountains, and then south over the high passes. That was the wildling's way, hard and perilous, but at least no one wouid follow him. He wouldn't stray within a hundred leagues of Winterfell or the kingsroad. Samwell Tarly awaited them in the old stables, slumped on the ground against a bale of hay, too anxious to sleep. He rose and brushed himself off. â€Å"I . . . I'm glad they found you, Jon.† â€Å"I'm not,† Jon said, dismounting. Pyp hopped off his horse and looked at the lightening sky with disgust. â€Å"Give us a hand bedding down the horses, Sam,† the small boy said. â€Å"We have a long day before us, and no sleep to face it on, thanks to Lord Snow.† When day broke, Jon walked to the kitchens as he did every dawn. Three-Finger Hobb said nothing as he gave him the Old Bear's breakfast. Today it was three brown eggs boiled hard, with fried bread and ham steak and a bowl of wrinkled plums. Jon carried the food back to the King's Tower. He found Mormont at the window seat, writing. His raven was walking back and forth across his shoulders, muttering, â€Å"Corn, corn, corn.† The bird shrieked when Jon entered. â€Å"Put the food on the table,† the Old Bear said, glancing up. â€Å"I'll have some beer.† Jon opened a shuttered window, took the flagon of beer off the outside ledge, and filled a horn. Hobb had given him a lemon, still cold from the Wall. Jon crushed it in his fist. The juice trickled through his fingers. Mormont drank lemon in his beer every day, and claimed that was why he still had his own teeth. â€Å"Doubtless you loved your father,† Mormont said when Jon brought him his horn. â€Å"The things we love destroy us every time, lad. Remember when I told you that?† â€Å"I remember,† Jon said sullenly. He did not care to talk of his father's death, not even to Mormont. â€Å"See that you never forget it. The hard truths are the ones to hold tight. Fetch me my plate. Is it ham again? So be it. You look weary. Was your moonlight ride so tiring?† Jon's throat was dry. â€Å"You know?† â€Å"Know,† the raven echoed from Mormont's shoulder. â€Å"Know.† The Old Bear snorted. â€Å"Do you think they chose me Lord Commander of the Night's Watch because I'm dumb as a stump, Snow? Aemon told me you'd go. I told him you'd be back. I know my men . . . and my boys too. Honor set you on the kingsroad . . . and honor brought you back.† â€Å"My friends brought me back,† Jon said. â€Å"Did I say it was your honor?† Mormont inspected his plate. â€Å"They killed my father. Did you expect me to do nothing?† â€Å"If truth be told, we expected you to do just as you did.† Mormont tried a plum, spit out the pit. â€Å"I ordered a watch kept over you., You were seen leaving. If your brothers had not fetched you back, you would have been taken along the way, and not by friends. Unless you have a horse with wings like a raven. Do you?† â€Å"No.† Jon felt like a fool. â€Å"Pity, we could use a horse like that.† Jon stood tall. He told himself that he would die well; that much he could do, at the least. â€Å"I know the penalty for desertion, my lord. I'm not afraid to die.† â€Å"Die!† the raven cried. â€Å"Nor live, I hope,† Mormont said, cutting his ham with a dagger and feeding a bite to the bird. â€Å"You have not deserted—yet. Here you stand. If we beheaded every boy who rode to Mole's Town in the night, only ghosts would guard the Wall. Yet maybe you mean to flee again on the morrow, or a fortnight from now. Is that it? Is that your hope, boy?† Jon kept silent. â€Å"I thought so.† Mormont peeled the shell off a boiled egg. â€Å"Your father is dead, lad. Do you think you can bring him back?† â€Å"No,† he answered, sullen. â€Å"Good,† Mormont said. â€Å"We've seen the dead come back, you and me, and it's not something I care to see again.† He ate the egg in two bites and flicked a bit of shell out from between his teeth. â€Å"Your brother is in the field with all the power of the north behind him. Any one of his lords bannermen commands more swords than you'll find in all the Night's Watch. Why do you imagine that they need your help? Are you such a mighty warrior, or do you carry a grumkin in your pocket to magic up your sword?† Jon had no answer for him. The raven was pecking at an egg, breaking the shell. Pushing his beak through the hole, he pulled out morsels of white and yoke. The Old Bear sighed. â€Å"You are not the only one touched by this war. Like as not, my sister is marching in your brother's host, her and those daughters of hers, dressed in men's mail. Maege is a hoary old snark, stubborn, short-tempered, and willful. Truth be told, I can hardly stand to be around the wretched woman, but that does not mean my love for her is any less than the love you bear your half sisters.† Frowning, Mormont took his last egg and squeezed it in his fist until the shell crunched. â€Å"Or perhaps it does. Be that as it may, I'd still grieve if she were slain, yet you don't see me running off. I said the words, just as you did. My place is here . . . where is yours, boy?† I have no place, Jon wanted to say, I'm a bastard, I have no rights, no name, no mother, and now not even a father. The words would not come. â€Å"I don't know.† â€Å"I do,† said Lord Commander Mormont. â€Å"The cold winds are rising, Snow. Beyond the Wall, the shadows lengthen. Cotter Pyke writes of vast herds of elk, streaming south and east toward the sea, and mammoths as well. He says one of his men discovered huge, misshapen footprints not three leagues from Eastwatch. Rangers from the Shadow Tower have found whole villages abandoned, and at night Ser Denys says they see fires in the mountains, huge blazes that burn from dusk till dawn. Quorin Halfhand took a captive in the depths of the Gorge, and the man swears that Mance Rayder is massing all his people in some new, secret stronghold he's found, to what end the gods only know. Do you think your uncle Benjen was the only ranger we've lost this past year?† â€Å"Ben Jen,† the raven squawked, bobbing its head, bits of egg dribbling from its beak. â€Å"Ben Jen. Ben Jen.† â€Å"No,† Jon said. There had been others. Too many. â€Å"Do you think your brother's war is more important than ours?† the old man barked. Jon chewed his lip. The raven flapped its wings at him. â€Å"War, war, war, war,† it sang. â€Å"It's not,† Mormont told him. â€Å"Gods save us, boy, you're not blind and you're not stupid. When dead men come hunting in the night, do you think it matters who sits the Iron Throne?† â€Å"No.† Jon had not thought of it that way. â€Å"Your lord father sent you to us, Jon. Why, who can say?† â€Å"Why? Why? Why?† the raven called. â€Å"All I know is that the blood of the First Men flows in the veins of the Starks. The First Men built the Wall, and it's said they remember things otherwise forgotten. And that beast of yours . . . he led us to the wights, warned you of the dead man on the steps. Ser Jaremy would doubtless call that happenstance, yet Ser Jaremy is dead and I'm not.† Lord Mormont stabbed a chunk of ham with the point of his dagger. â€Å"I think you were meant to be here, and I want you and that wolf of yours with us when we go beyond the Wall.† His words sent a chill of excitement down Jon's back. â€Å"Beyond the Wall?† â€Å"You heard me. I mean to find Ben Stark, alive or dead.† He chewed and swallowed. â€Å"I will not sit here meekly and wait for the snows and the ice winds. We must know what is happening. This time the Night's Watch will ride in force, against the King-beyond-the-Wall, the Others, and anything else that may be out there. I mean to command them myself.† He pointed his dagger at Jon's chest. â€Å"By custom, the Lord Commander's steward is his squire as well . . . but I do not care to wake every dawn wondering if you've run off again. So I will have an answer from you, Lord Snow, and I will have it now. Are you a brother of the Night's Watch . . . or only a bastard boy who wants to play at war?† Jon Snow straightened himself and took a long deep breath. Forgive me, Father. Robb, Arya, Bran . . . forgive me, I cannot help you. He has the truth of it. This is my place. â€Å"I am . . . yours, my lord. Your man. I swear it. I will not run again.† The Old Bear snorted. â€Å"Good. Now go put on your sword.†

Evolution as a Creative Process Essay example - 968 Words

Evolution as a Creative Process Evolution is a process that has taken billions of years, and will continue for billions more.It takes hundreds of generations for an evolutionary change to occur, or an impending extinction to become evident. Humans find it difficult to see themselves evolving due to their longer life span, and fewer generations over time compared to other species. It has become a common misconception that humans are finished evolving, and that they have reached the best and most efficient beings possible. The same misconception can be carried over to art. The main questions being posed in this paper are: can evolution be viewed as a creative process like the art world? Can there be anything new in both art and†¦show more content†¦Music began with singing, and human noise, followed by drums, and pipes, and bells. This continued through until more instruments were created and more complex songs were written. Harmony started appearing and then choral groups, chanting, symphonies, operas. In the past century jazz, rock and roll, and rap have all evolved transforming the same sounds that were used in the past. What is the next step for music? Can any new types of music or instruments be invented? The piano evolved into the harpsichord, the lute into the guitar. How can we predict what will come next instrumentally. Technology is the only art that is still evolving at a rapid pace. The past hundred years have produced more changes in technology that in the rest of history. The trend originally was toward bigger, better creations. Huge cars, huge computers, cd players, and cameras. This has now turned around and everything is being made more compact. Why is this? Is this the next step in our evolution as humans? All of our technology is now handheld, mini coopers are becoming increasingly popular, cameras are palm-sized. The creative world of technology is rapidly changing and evolving. 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