The right to a fair and effective remedy and Alternative Dispute Resolution in Criminal cases - Free Essay Example

Sample details Pages: 5 Words: 1615 Downloads: 8 Date added: 2017/06/26 Category Law Essay Did you like this example? The right to justice implies that any victim can assert his or her rights and receive a fair and effective remedy, including the expectation that the person or persons responsible will be held accountable by judicial means and that reparations will be forthcoming. It also entails the obligation on the part of the State to investigate violations, to arrest and to prosecute the perpetrators and, if their guilt is established, to punish them.[1] In the determination of any criminal charge against him/her, everyone shall be entitled à ¢Ã¢â€š ¬Ã…“To be tried without undue delayà ¢Ã¢â€š ¬Ã‚  [Article 14(3)(c)] of ICCPR. International Covenant on Civil and Political Rights. Don’t waste time! Our writers will create an original "The right to a fair and effective remedy and Alternative Dispute Resolution in Criminal cases" essay for you Create order The article will refer the process of Alternate Dispute Resolution or ADR in criminal law as Criminal ADR. Chapter- Criminal ADR and Justice/ Jurisprudence? The authors are not working on the assumptions that Criminal ADR is good, or appropriate. As such an assumption about criminal case settlements reached through Criminal ADR would make the need to identify the meaning of Criminal ADR redundant. In civil contracts, A settlement is societal efficient. If both the parties end up in better positions, society does not interfere in who gets the better of the deal.[2] In contrast, Pleas in criminal cases give an all or nothing choice between accepting guilt and establishing innocence.[3] Thus, there is inherent bias in Criminal ADR as the prosecution can exercise unilateral coercion for the purpose of encouraging a settlement.[4] Thus, in a limited sense, Criminal ADR is inherently unequal. These observations are not intended too suggest that Criminal ADR is inappropriate. They instead suggest simply that one cannot make an assumption that the process of Criminal ADR will bring about an appropriate, perhaps even an optimal, result as measured by the traditional purpose of criminal prosecution and punishment.[5] Justifying Criminal ADR: With an ambivalent assumption that Criminal ADR is the need of the time and can be an appropriate mode of dispute resolution in Criminal law. Let us identify the justness of such procedures. Since, Plea-bargaining is a form of Criminal ADR. The justification for Plea Bargaining will also serve as a justification for Criminal ADR. In this regard, justifications for Criminal ADR can be divided into two categories. First, some justifications assume that the Criminal ADR process will bring the same result as given by the traditional criminal prosecution and punishment. Some proponents of Criminal ADR argue that the system reflects the likely results of the trial system, but at a lower cost.[6] The second category of justification rests on notion of efficiency or resource preservation. It focuses on the comparative costs of convictions obtained through pleas and conviction s obtained after trial. In economic terms, it is a utilitarian approach, because it both saves judicial resources and makes all participants better off than they would be if they had taken the risk of losing at trial.[7] Jean Sternlight, in his Article has questioned whether ADR contributes to justice and the answer to best describe it is that is not an à ¢Ã¢â€š ¬Ã…“end in and of itselfà ¢Ã¢â€š ¬Ã‚  but rather a à ¢Ã¢â€š ¬Ã…“means to end.à ¢Ã¢â€š ¬Ã‚ [8] It is also argued that plea-bargaining is biased towards the prosecution. The prosecution, being in a dominating position, decides the term of bargain. It should be noted that a prosecutorà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to plea bargain does not deprive the defendants of the option of pursuing the alternative. Justice, in some form, is available no matter what the agency decrees.[9] In a sense, Criminal ADR helps produce reasonable, efficient, and consistent results in criminal cases, which is missing from criminal tri al process. In the complicated world of criminal process, perhaps that is the closest to justice that we can come.[10] Types of Criminal ADR There are various alternate modes in which a criminal case can be handled. The most prominent: Plea-bargaining. Apart from Plea-bargaining, there is another kind of a Criminal ADR, known as abbreviated trials, which is more formal and operates under standardized procedures. These procedures are sometimes referred to with the singular term à ¢Ã¢â€š ¬Ã…“Consensual processes.à ¢Ã¢â€š ¬Ã‚ [11] Not only India but also most countries in the world face overloaded criminal court dockets and need to efficiently handle large numbers of cases. It is indeed inevitable and a necessity, to introduce alternatives procedures. Plea-bargaining and abbreviated trials are the two most widely adopted forms to shortcut the procedure of formal trials.[12] The terms are used inter-changeably.[13] There is, however, a significant difference between the two procedures. The difference is whether the system is based on informal negotiations between the prosecutor and defense, or on a more formalized p rocedure that includes standard statutory sentence deductions in exchange for guilty pleas.[14] The authors have done a detailed study of the both forms of procedure in the next two chapters. Plea-bargaining has a very important role as it has found acceptance in India and is in an evolutionary stage. Abbreviated Trials are also a developing concept and can be a successful ADR in India. Plea Bargaining Abbreviated Trials Abbreviated trials can be defined as a shortened procedure whereby the judge reviews evidence, in addition to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s guilty plea, and gives the defendant a statutorily determined reduced sentence upon a finding of guilt.[15] This procedure is prevalent in Italy, If the defendant requests this procedure, Giudizio Abbreviato and the prosecutor does not object, the judge will review the evidence including the written record of the case and hears oral arguments from the defense and prosecution. The defendant is not required to plead guilty. If the judge finds the defendant guilty, he reduces the sentence by one-third. The benefit of abbreviated trials is two-fold. It does not suffer from the criticism of à ¢Ã¢â€š ¬Ã…“Negotiating with justiceà ¢Ã¢â€š ¬Ã‚  unlike plea-bargaining where the law requires negotiation between the prosecutor and the defense regarding either the charge or the sentence.[16] In addition, under most forms of abbreviated trials, th e law clearly states the length of the sentence reduction in exchange for the defendant agreeing to waive his right to a full trial.[17] The countries in which it is prevalent like Russia and Italy, specifically limit the use of abbreviated trials to less serious crimes.[18] The most buoyant example is of Russia, which is thriving in dispute resolution through abbreviated trials.[19] The 2001 Criminal Procedure Code limited abbreviated trials in cases with five years of imprisonment.[20] In 2003, it was amended by the Russian legislature and the limit was expanded to include cases with a maximum punishment of up to ten years imprisonment.[21] Another important inclusion in the Russian CPC is that it allows a judge to sentence the defendant to a maximum of two thirds of the sentence allowable under law if the case is resolved through an abbreviated trial.[22] The most important aspect, which gives primacy to rule of law, is the fact that if the defendant, prosecutor, victim or jud ge objects to an abbreviated trial it will not proceed.[23] Thus, all the parties getting affected by the judgment have a say in the procedure. If any party thinks that the abbreviated trials will not serve justice, the conventional trial process can be followed. [1] https://www.swisspeace.ch/topics/dealing-with-the-past/about/right-to-justice.html [2] Andrew F. Daughety Jennifer F. Reinganum, Settlement Negotiations with Two- Sided Asymmetric Information: Model Duality, Information Distribution, and Efficiency, 14 INTà ¢Ã¢â€š ¬Ã¢â€ž ¢L REV. L. ECON. 283, 286 (1994). [3] Fred C. Zacharias, Reconceptualizing Ethical Roles, 65 GEO. WASH. L. REV. 169, 179-80 (1997) [4] Welsh S. White, A Proposal for Reform of the Plea Bargaining Process, 119 U. PA. L. REV. 439, 440 (1971) [5] Fred C. Zacharias, Justice in Plea Bargaining, 1136, 39 Wm. Mary L. Rev. 1121 (1998), https://scholarship.law.wm.edu/wmlr/vol39/iss4/4. [6] Robert B. Gordon, Private Settlement as Alternative Adjudication: A Rationale for Negotiation Ethics, 18 U. MICH. J.L. REFORM 503, 504 (1985) [7] United States v. Krasn, 614 F.2d 1229, 1233 (9th Cir. 1980). [8] Jean Sternlight, Is Alternative Dispute Resolution Consistent with the Rule of Law? Lessons from A broad, 56 DEPAUL L. REV., 569 (2007) [9] Albert W. Alschuler, The Defense Attorneys Role in Plea Bargaining, 84 YALE L.J. 1179, 1313-14 (1975) [10] Fred C. Zacharias, Justice in Plea Bargaining, 1189, 39 Wm. Mary L. Rev. 1121 (1998), https://scholarship.law.wm.edu/wmlr/vol39/iss4/4. [11] Stephen C. Thaman, Plea Bargaining, Negotiating Confessions, and Consensual Resolution of Criminal Cases, vol. 11.3 ELECTRONIC JOURNAL OF COMPARATIVE LAW at 50 (December 2007), available at https://www.ejcl.org/113/article113-34.pdf (last visited January 29, 2014). [12] Stephen C. Thaman, Plea-Bargaining, Negotiating Confessions and Consensual Resolution of Criminal Cases, vol. 11.3 ELECTRONIC JOURNAL OF COMPARATIVE LAW at 50 (December 2007), available at https://www.ejcl.org/113/article113-34.pdf (last visited February 14, 2014). [13] Yue Ma, A Comparative View of Judicial Supervision of Prosecutorial Discretion, 44 No. 1 Crim. Law Bulletin 2 (2008). [14] Cynthia Alkon, Plea Barg aining as a Legal Transplant: A Good Idea for Troubled Criminal Justice Systems?, (April 1, 2010), Transnational Law and Contemporary Problems, Vol.19, p.355, 2010. Available at SSRN: https://ssrn.com/abstract=1660469. [15] Rachel VanCleave, Italy, 245, 273, CRIMINAL PROCEDURE: A WORLDWIDE STUDY, 459 (Craig M. Bradley, ed., 1999). C. CRIM. PRO. art. 438, 440, 442 (Italy) [16] C. Crim. Pro. art. 438, 440, 442 (Italy) and C. Crim. Pro. art. 314 (Russia), English language translation in The Russian Federation Code of Criminal Procedure (U.S. Department of Justice, 2004). [17] C. Crim. Pro. art. 438, 440, 442 (Italy) and C. Crim. Pro. art. 314 (Russia), English language translation in The Russian Federation Code of Criminal Procedure (U.S. Department of Justice, 2004). [18] Mirjan Damas, Negotiated Justice in International Criminal Courts, 2 J. Intà ¢Ã¢â€š ¬Ã¢â€ž ¢l Crim. Just. 1018 at 1023 (2004). [19] Catherine Newcombe, Russia, Criminal Procedure: A Worldwide Study, 4 59 (Craig M. Bradley, ed., 2007). [20] Catherine Newcombe, Russia, Criminal Procedure: A Worldwide Study, 459 (Craig M. Bradley, ed., 2007). [21] C. Crim. Pro. art. 314(1) (Russia), English language translation in The Russian Federation Code of Criminal Procedure (U.S. Department of Justice, 2004). [22] C. Crim. Pro. art. 314 (7) (Russia), English language translation in The Russian Federation Code of Criminal Procedure (U.S. Department of Justice, 2004). [23] C. Crim. Pro. art. 314(6) (Russia), English language translation in The Russian Federation Code of Criminal Procedure (U.S. Department of Justice, 2004).

Depression and Anxiety in Teens - 777 Words

Data gathered from responses to a popular personality test called the Minnesota Multiphasic Personality Inventory, or MMPI for short, and analyzed by researchers from five different universities shows that there is as many as five times the number of teenagers suffering from anxiety and depression as there were in the early twentieth century. The exact cause of the sharp incline in identified mental disorders amongst our youth is still yet unknown. In order to curtail the escalating numbers we must identify the underlying issues that result in these troubling mindsets. Today, it is less of a social stigma to announce and therefore to seek treatment for a mental disorder. The advances in the past century that stemmed from in-depth†¦show more content†¦Another point to keep in mind would be the nurture side of nature vs. nurture. A lot of parents today are over the age of 40 and have lived through at least one war in their lifetime. War is a sickness ridden with pain and loss both mental and physical, often devastating families when a loved one is taken away. Thousands upon thousands have lost their lives to natural disasters in the past ten years, but these numbers can never â€Å"hold a candle to† the number of lives lost from war in this last century alone. Terrorism is not a new threat, but still an ever-present one. Even this week we are encroaching on the tenth anniversary of 9/11. Divorce rates have doubled in the past thirty years which also may be a cause for trauma. The average American household moves once every five years, which can be a very stressful process. A lot of American families are also in debt, raising money issues and questions about security in the future. College isn’t guaranteed, and a teenager may feel as if he or she is a burden on the family if they let their parents finance their college education. This raises a question of personal responsibility. During your teenage years you typically have your first job, your first car, and your first apartment or living situation away from the home. As theShow MoreRelatedHow Social Media Can Help Teens Suffering From Depression And Anxiety992 Words   |  4 Pagesfrom mental health problems are seeking out interactions with others online because they feel isolated or alone†, as one of the paper’s authors told the Huffington Post. So if that’s the case, maybe social media can actually help teens suffering from depression and anxiety. Dr. Melinda Ring wrote an article for CNN explaining that her teenage son had been going through some hard times with a mood disorder and found solace in his interactions on social media. He focused his Instagram account on positivityRead MoreCauses of Teenage Depression1538 Words   |  7 Pagesbooklet or website or whatever they list depression among the side effects of cancer. But, in f act, depression is not a side effect of cancer. 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The most commonRead MoreSome Of The Effects That Peer-Pressure Have On Teens1176 Words   |  5 PagesPeer-Pressure Have On Teens Teens are effected in so many ways by peer pressure is social pressure by member of ones peer group to take a certain action, adopt certain values, or other wise conform in order to be accepted. Peer pressure effect different teens in different ways. Teen are often being pressured into using drugs, having sex, drinking and bullying, the list goes on. When the peer pressure becomes overwhelming teens suffer great effects such social anxiety, depression some even result toRead MoreTeachers, Counselors, And Even Parents Seem To Think That1403 Words   |  6 Pagesfor, apply, and attend college is one of the many and main factors of stress on teens nowadays. Many studies have been conducted some of which have been done by The University of New York, The American Psychological Association, and The Understood Team to figure out why teenagers are so stressed out. Along with causes of stress, there is physical and mental afteraffects of it such as, anxiety, mood swings, depression, schizop hrenia and bipolar disorder. Though, with every problem there is alwaysRead MoreWhat ´s Teen Anxiety?817 Words   |  4 PagesAnxiety has a main definition; a feeling of worry, nervousness, or unease. Although, it has its single definition, each person diagnosed with anxiety has different symptoms. With that, some have more severe cases of the actual diagnosis. It has been noted that anxiety has had an increase in teens recently. In the last 30 years, the statistics for anxiety in fifteen to sixteen year olds have doubled for both girls and boys (â€Å"Increased Levels of Anxiety†¦Ã¢â‚¬  1). It is said, â€Å"in societal moments like theRead MoreSymptoms And Symptoms Of Anxiety And Depression Essay903 Words   |  4 PagesAnxiety and depression are treatable, but 80% of kids with a diagnosable anxiety disorder and 60% of kids with diagnosable depression are not getting treatment, according to the 2015 Child Mind Institute Children’s Mental Health Report (Children and Teens. (2010). Many children have anxiety and it does not need to be treated, while there are some children that have severe anxiety over almost anything and needs to be managed by medication. Some children when they are younger may experience socialRead MoreTaking a Look at Teenage Depression1434 Words   |  6 PagesDepression: severe despondency and dejection typically felt over a period of time and accompanied by feelings of hopelessness and inadequacy. Depression: a debilitating mental and physical disorder. Depression: an illness that has an uncountable amount of treatments within reach of anyone who suffers, yet in the US alone over 2000 children between the age of 10 and 19 completed in ending their life (National Alliance on Mental Illness). As Kevin Breel speaks about his struggle with trying to allowRead MoreEssay on Deaths Due to Stress964 Words   |  4 Pagesstress itself. Stress is usually a â€Å"normal physical response to events that make you feel threatened or [that] upset your balance. (â€Å"Stress Symptoms, Signs, Causes.†). But too much stress causes stress-related diseases. To further prevent this, teens should be more social and also adults should be more helpful and understanding. If your stress gets out of hand, 7 parts of your body can be affected, included your heart, brain, nerves, and reproductive system. To be sick with a stress related diseaseRead MoreAnalysis Of Jean TwengeHave Smartphones Destroyed A Generation777 Words   |  4 Pagesgeneration and often wait to get jobs until after they graduate because they don’t need to physically get away from their parents to connect online with their friends. Twenge also makes the argument that iPhones are causing an increase in depression and anxiety rates among teenagers, making the point that there is a direct relationship between the time spent online to the likelihood of developing a risk factor for suicide. She presents a wide variety of graphs and charts in the article to prove this

Playroom Design for Children of Different Age - myassignmenthelp

Question: Discuss about thePlayroom Design for Children of Different Age Groups. Answer: The early childhood is the timeframe where the cognitive abilities of the children are develop slowly but steadily. Therefore, it is crucial for there to be developmental activities designed that will facilitate optimal cognitive and physical development. Now, it also needs to be mentioned that the development, be it physical or cognitive, is never at the same pace for different age groups. Hence, if a particular activity is enough to keep two year olds busy along with fortifying their developmental practices, there is little possibility that the same activity will attract the attention of four year olds significantly (David Weinstein, 2013). According to the pedagogical framework provide by the famous Reggio- Emilia approach, indicates that each child is socially curious entity and the learning pattern for a child will differ completely from that of the other (Vecchi, 2010). Hence it is very important for the playroom design to be constructivist and centred on particular age groups . This essay will explore playroom design and activities based on the different age groups. The concept of child development has a varied range of external and internal factors associated, and the need for a standardized procedure becomes imperative to ensure that the children have equal scope to build their physical and cognitive abilities. According to the concept of the Reggio Emilia approach, the learning of the children is focussed on their individual experiences (Vecchi, 2010). Hence the playroom design strategy for different age groups must incorporate objects and activities to ensure that they are being provided with activities and experiences that will foster optimal development (DuBroy, 2010). Considering the first age group under consideration in this assignment, the two year olds can be considered the most challenging age group among the rest. At age 2, the child becomes a toddler and with the ability to walk freely comes the acute desire to roam around and explore. It will not be effective to try to keep a two year old occupied with stuffed toys or colourful toys, they no longer attract a new toddler. In the age of two, a child successfully learns a few motor skills, in order to facilitate better learning experiences for the children of this age group, it is very important to incorporate activities that can foster different activities that will allow the children to use their newly acquired motor skills (Hosseinpour Memarzadeh, 2010). The playroom for a two year old can include a playpen filled with colourful balls, it will attract the attention of the children and will help in the children being able to play with them using both their hands and legs, improving their m uscular strength. The Lego pieces are very popular among infants, in a playroom of a two year old, Lego pieces will be effective tools for the children to continue their cognitive growth buy building activities. It has to be understood that in the age group of 2 year olds are attracted by bright colours and anything that requires them to try a little, something easily attainable will not be anything of preference for them. They theme for the playroom should incorporate bright colours and as the children at this age learn to scribble, colourful doodling books can help them in their finger motor skills and also contribute to their sensory development (Lambert et al., 2014). For the age group of 4, a child has grown significantly from the toddler age, and it is considered an ideal pre-schooling age. At this age the children will have significantly developed motor skills and cognitive abilities. In this age the children are capable of reading and entry level writing skills. At this age interactive learning tools should be the first line if choices in designing the playroom for this age groups. Doodling and colouring activities are known to be the most preferred in this age group, hence colouring books and doodling activities should be one of the most preferred activities in this particular age group. It is very important to encourage a strong relationship with the environment. I will also include potted plants in the playrooms also encouraging the students to participate in watering the plants regularly so that the children can develop the habit of caring for the environment from a small age itself (Norton?Westwood, 2012). Along with that i would incorpor ate story telling activities in the playroom for the four year old age group, as it will enhance their attentiveness and interpretation skills. I would also include puzzle activities or this age group, as it would foster better cognitive development in the children and will facilitate problem solving skills in them. At this age the children are able to recognize words and numbers so I will also include word and numbers identification objects in the playroom along with the other items. In the last age group, the one with 7 year be more advanced age group, the playroom needs to be more engaging and should include objects that will be facilitate development in a challenging manner. The learning objects like books, colouring story books, puzzles, and object identification games will need to be a little more difficult so as to challenge their abilities so that the children get out of their comfort zone and learn new things every day (Robertson Balaam, 2013). Along with that team-working activities will be extremely helpful for this age group; hence group singing and dancing activities will be helpful. In this age group, introducing the children in competition will be much more productive than just letting them play. Recitation or drawing competitions will be included as weekly activities in the playroom for 7 year olds. Role playing games allow the children to express themselves in a unwarranted and unrestricted manner, it rejuvenates their imagination and creativity to an extent that is extremely beneficial for their cognitive health and development. I will include role playing games as twice a month activity where the children are allowed to dress up like anyone they want to and present an act of impersonation for the entir4 playroom. Hence, equipments like story colouring books, drawing supplies, musical instruments, block puzzles, treasure hunt supplies and role playing props will be included in this room as well (Scott, 2010). References: David, T. G., Weinstein, C. S. (Eds.). (2013).Spaces for children: The built environment and child development. Springer Science Business Media. DuBroy, M. (2010). Building virtual spaces for children in the digital branch.The Australian Library Journal,59(4), 211-223. Hosseinpour, M., Memarzadeh, M. (2010). Use of a preoperative playroom to prepare children for surgery.European journal of pediatric surgery,20(06), 408-411. Lambert, V., Coad, J., Hicks, P., Glacken, M. (2014). Young childrens perspectives of ideal physical design features for hospital-built environments.Journal of Child Health Care,18(1), 57-71. Norton?Westwood, D. (2012). The health?care environment through the eyes of a childDoes it soothe or provoke anxiety?.International Journal of Nursing Practice,18(1), 7-11. Robertson, J., Balaam, M. (2013, June). Designing for the needs of child patients in hospital settings. InProceedings of the 12th International Conference on Interaction Design and Children(pp. 625-627). ACM. Scott, S. (2010).Architecture for children. Aust Council for Ed Research. Vecchi, V. (2010). Art and creativity in Reggio Emilia: Exploring the role and potential of ateliers in early childhood education. Routledge.

Corporate Governance Auditing and Assurance Services

Question: Discuss about the Corporate Governance for Auditing and Assurance Services. Answer: Introduction It is argued that the main function of an auditor is to trace the fraud and highlight it so that a real view of the company is known to the public. The ISA 240 that is the International Standards on Auditing 240 provides guidance on the auditor responsibility to trace the fraud and error in the audit. As per ISA 240, fraud is defined as an act that is intentional in nature and deliberate. The global financial crisis exposed the fact that those charged with the management of the company tried to obtain an illegal advantage by use of means that is unfair in nature and this is one of the major reason the auditors are facing risk in the management of the company (Cameran et. al, 2016). Such fraud has eroded the smooth functioning of the company and appeared as a major constraint in the path of the auditors. It is the main duty of the management to check and prevent fraud so that the financial statements are unaffected. The process of audit is performed by natural or persons who are entitled legally, termed auditors that ascertain and assess in a profession way, information that links to a specific entity by utilization of defined techniques and tools so that evidence can be obtained named as an audit evidence and the preparation of an audit report is done that contains an independent decision of the auditor and is done adhering to the relevant rules (Cameran et. al, 2016). The financial audit projects the subject outside the accounting arena that contains accounting knowledge like economic analysis, ethics, and informatics. The financial audit projects the activity of the evaluation to help the auditor is providing an opinion in tune to the standards of the audit. The prime aim of the audit is to provide to the auditor to frame a notion on the financial statements in tune with the framework of the general financial reporting (Baldwin, 2010). Financial crisis and liability of auditor When the auditor plans their work, they collect, as well as evaluate the evidence of audit, the auditor must assess the risk of misstatement that is material in nature due to the provision of fraud and error (Messier Emby, 2005). If the presented financial statements project the inheritance the auditor contains two alternatives; one can be to express an opinion that is adverse or qualified or to remove. The auditing standards are the main area that the auditor need to ascertain and not traces any defects in the financial statement context. The auditor is primarily responsible to reasonable assurance that noting of materiality misstatement was witnessed (IFAC, 2015). Romanian economy was amidst in the middle of a global financial crisis that impacts both the budget of the government, as well as enterprises. In such a scenario, the task of the auditor becomes difficult in nature. Hence, when it comes to estimates it might be uncertain or unstable in nature. Therefore, the liability of auditor in the case of a financial crisis is more (Fazal, 2013). To trace the logical line of the definition of the financial instability, it is important to understand the definition of crisis. It can be termed as a manifestation of the difficult times that pertains to economic, social and political. It is highlighted by a tensed time span and disorder that the society witness (Fazal, 2013). The crisis can be cited for difficult situation of activities that pertains to the economic, a variation in the slowdown, decline, as well as stagnation in the activity of the economy. The financial crisis can be termed as a manifestation of the crisis of economy and projects mistrust in the financial scenario, the transactions in the stock exchange get impacted, the market mechanism fails to adjust. The financial crisis can be termed as an opportunity to correct various aspects of the financial system and the shortcomings that have caused it. It needs to be noted that the government, as well as other institutional takes, however, it requires times for overco ming such a crisis and important for the longer time scenario (Manoharan, 2011). However, in the shorter time frame, it is vital to find solutions that will restore the confidence of investors, as well as consumers. In the longer time frame the main problem arises with that of the principle adjustment that guides the reform of the international financial system and specifically that relates to transparency, enhancement of the regulations on securities so that market is properly regulated, integrity of the financial market is done and ensuring solidity to the cooperation between the financial institution (Lapsley, 2012). Framing of regulations It is the need of the hour that the financial system required an enhanced level of transparency in certain aspects. The initial being the players of financial market like hedge funds that play a pivotal role in the process of mediation however not affected by the stern rules relating to reporting. Developments of laws on the activities and reporting process will lessen volatility when the situation of the market decline. The establishment of the new financial tool is difficult to ascertain a price for them, however; the same situation raises a question about the risk origin behavior of the investor. The chance of correctly evaluating the risk and tracing the risk bearing capacity will enable an enhancement of the regulation and governance of the financial system. Further problem arises is that of the assessment of the performance of the model investment portfolio and identification of manner to avoid risk. As per ISA 200, an auditor is needed to provide an opinion that contains a gen uine view and must adhere to the relevant framework of financial reporting. The audit process must be done in a manner that follows the standards; the auditor report is duly signed and sent to various parties including the owners. An auditor can be termed as a professional entrusted with the task of providing a notion on the entitys financial statements; exposure of the auditor is there to considerable liability . When an audit mission is performed, the financial auditor assumes an enhanced level of responsibility as per the terms of the engagement of the audit and the rendering of the services. The initial assumption lies in the fact that the liability of the audit is in tune with the audit engagement (Roach, 2010). When the letter of engagement is signed the audit states the main terms and the mission type that will be in link with the standard of accounting, insurance, as well as other relevant principles. When the nature, duration, as well as extent of audit procedure is determi ned and during the evaluation process of the audit evidence the auditor must bring enhanced level of professional behavior, assessing the financial statements and proving that it is free from any deficiencies. At times, it can be seen as weak procedures of audit to trace misstatements of material nature that are hidden by a bunch of people assuming places of high position. When the auditor works is ascertained to know about his roles and responsibilities the opinion needs to be reviewed. Auditors responsibility The main duty of an auditor is to give a notion on the financial statements that confirms the fairness in the material aspect and the financial statements. At times, it may happen that the auditor might not issue any opinion then it is believed that the auditor cannot use the regulations or the scope has some constraints. If the auditor provides an adverse opinion then all matter in the financial statements are correct. In such a situation, the responsibility of the auditor is gauged from the view (Church et. al, 2008). However, auditor liability might increase due to the happening of incidents after the date of the balance sheet. IAS 10 happens after the date of balance sheet meaning such events that are favorable, as well as unfavorable that happen amidst the date of balance sheet and financial statements date that are kept for filing. Specifically two ways can be found that are highlighting evidence of existing condition at the date of the balance sheet and another being the event s that do not influence the financial statement adjustment (Livne, 2015). There is even a responsibility that links to the work quality and the audit work. The main tool is the team work. IFAC has stressed a lot of focus on quality control. Quality control is a boon when there are procedures in written, present for reduction of the risk during the mission. It is important to know that the financial audit ensures the level of quality control. The auditor is majorly responsible for the evaluation and utilization of the system of internal control and needed to take responsibility for the work (Heeler, 2009). If the system of internal is not properly designed or there is not present then the auditor will not trace bigger risks. The international auditing standards are two types that are the fraud and error. Normally, the main aim is to trace fraud, as well as an error but as per ISA 240, the responsibility of an auditor is to consider fraud when it comes to an audit of the financial statements (Church et. al, 2008). The responsibility to prevent any fraud rest s with the management of the entity that must continue through the process of implementation and operation of the system that is adequate and links to accounting and internal control (Kaplan, 2011). However, it needs to be noted that the financial auditor cannot be held responsible for the fraud prevention but tolerates the responsibility of planning and performing an audit to collect reasonable assurance that financial statements are not inaccurate in nature that relates to fraud and fault. It will be a difficult task for the financial auditor to trace all fraud and error then it might develop innumerable errors that are the major importance of the financial auditor that spot the express of the opinion (Cappelleto, 2010). In this manner, the auditor tries to provide support to the entity that is audited, a document termed as the factors of risk that provides a gist of the risk factors that will support the evaluation of the exercise. The risk factors are classified into two major c ategories that are the risk factor extracted from the financial reporting that is fraudulent and the risk factor on errors derived from the asset misappropriation (Gilbert et. al, 2005). The standards of auditing make no classification when it comes to the statutory liability auditors in terms of fraud detection from the auditors financial liability. When it comes to error and fraud, the financial auditor is required to collect and give assurance that the financial statements have information that is correct in nature. However, it is a well known fact that it is harder to detect fraud in comparison to the errors that are unintentional in nature that the managers commit. However, this problem in tracing of fraud does not reverse the auditor responsibility for the audit engagement that is successful in nature. Another liability of financial auditor is linked to the manner of corrections, alterations to be done of the financial statements. An auditor is required to make adjustments of corresponding nature in the financial statements of the opinion so reservations fail (Gay Simnet, 2015). Hence, it follows that there maintains a direct liability that is related and compliance with the standard of reporting even considering the fact that there is an exclusive responsibility of the management of the entity that is audited. The responsibility of the management is more than that of the auditor as they are entrusted with the financial statements preparation reporting framework that is specific in nature. In this manner, it is essential that the declaration of conformity must be provided that states the management provide the auditor with the relevant information needed (Gay Simnet, 2015). There are various internal, as well as external pressures on the auditor and with the heavy scandals, there is an enhanced level of responsibility assigned to them. There are various standards that are legally enforceable and this is in tune to the various pressure faced by the auditors like the Sarbanes-Oxley Act 2002, Section 10A of Securities Exchange Act, 1934, etc. the standards are present to safeguard the interest of the auditor (Hoffelder, 2012). There are various conflicts that might arise in the course of activity and duty. Therefore, to keep any conflict at bay various regulations has evolved. At times, the auditors are not aware of the conflict or the discrepancy and hence considering the said matter there is protection for them (Coram et. al, 2011). The auditors can raise their concerns to ASIC over various matters and it is a body that helps to safeguard them. In short, the provisions and the regulations are designed so that any situation does not hamper the profession. Conclusion When it comes to the process of audit and auditing, the vital provision is to ascertain that whether the information is recorded properly. It must reflect the economic events that happened during the accounting year. When it comes to the audit of financial statements, the adherence to the principles especially the GAAP is needed. Apart from the understanding of the accounts, it is important that the auditor must have expertise in the collection, as well as interpretation of audit evidence. There have been major scandals in the past that involved auditors owing to the flaws and incorrect practice. A glaring example is that of Enron that led to the defame and decline of the firm Arthur Andersen. This happened as all stakeholders lost their confidence in the management (Kruger, 2015). In any scenario, it is important that the responsibility of an auditor is questioned and this can be done when there is a strong link between the customers. The audit must be conducted to consider the need of ethics and even that of the accounting standards. Planning, as well as the execution of audit, should happen after all the relevant rules and regulations of the International Auditing standards are done so that fewer elements are questioned when it comes to the liability of auditors. The role and responsibility of an auditor have undergone a sea change and with major scandals, the profession is attached with double responsibility (Parker et. al, 2011). The bitter memories of Satyam, Lehman brother, Enron is still hunting the profession and adds to the criticism. 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