Criminal Litigation Process - Free Essay Example

Sample details Pages: 9 Words: 2688 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Criminal litigation process This question raises issues of the criminal litigation process as well as evidential issues involved during the questioning of suspects and subsequent litigation. In the interests of proper case analysis, I have decided to deal with the parties in turn by considering the legal issues that arise in relation to each partys case. R v. Sir Joseph Priestley Sir Joseph Priestley has been convicted of indecent exposure based on evidence given by Ms. Amanda Robert. The case has been heard in a Magistrates Court by a sole magistrate. Sir Joseph Priestley now wishes to appeal against the decision of the magistrate. In advising Sir Joseph Priestley, the first issue to be touched upon is the right of appeal in decisions rendered by the magistrates courts. A decision of a magistrates court can be challenged in one of three ways: firstly, by an appeal to the Crown Court; secondly, by an appeal to the High Court by way of case stated by the magistrates for the high courts opinion, or on application to the High Court for judicial review. In this case, Sir Joseph Priestley will be advised to proceed on the basis of an appeal to the High Court by way of case stated. Most appeals by way of case stated are aimed at overturning either a summary acquittal or conviction, as in the case of Sir Joseph Priestley, a conviction. Appeals by way of ca se stated is governed by the Magistrates Court Act 1980 and section 111(1) provides that any person who was a party to any proceeding before a magistrates court or is aggrieved by the conviction of the court may question the proceeding on the ground that it is wrong in law or in excess of the courts jurisdiction. Sir Joseph Priestleys application will be made on the basis that District Judge Asquiths decision is wrong in law. The basis for such a conclusion is premised on the substantial evidential issues arising during the course of the trial. In his summing up, the District Judge alluded to three issues which deserve our attention. The first is his statement regarding the veracity of Ms Robert as a truthful witness. DJ Asquith refers to the witnesss evidence as corroborated as a result of her fragrant appearance. Such a statement is not of itself improper but it gives cause for concern when the only corroboration of the witnesss account of events is her fragrant appearanc e. In this case, the appropriate method of corroboration might have been through other witnesses who saw the offence committed or through witnesses who know the accused or the victim and can testify as to their veracity for the truth. The issue here is simple à ¢Ã¢â€š ¬Ã¢â‚¬Å" the victims evidence has not been tested and it is unsafe to convict Sir Joseph Priestley based on this untested evidence. Secondly, as to the issue of Sir Joseph Priestleys defence of mistaken identity, DJ Asquith suggests in his speech that the burden of proving this defence lies on the accused à ¢Ã¢â€š ¬Ã¢â‚¬Å" that is clearly not the case. The general rule with regards to the burden of proof in criminal cases is that the burden is on the prosecution to prove the defendants guilt beyond reasonable doubt. There is a statutory exception to the rule which is contained in section 101 of the Magistrates Court Act 1980 which basically surmises that in a summary trial where the defendant relies for a def ence on any statutory exception, exemption, provision or qualification to the statutory offence charged, the burden of proving that exception is on the defendant. In this case, Sir Joseph Priestleys defence is not an exception or provision forming part of the offence charged. It is simply a defence of mistaken identity to the offence charged and which forms part of the case that the prosecution has to prove. While Sir Joseph Priestley had the evidential burden of raising the defence, it was for the prosecution to disprove such a defence. It was clearly wrong for DJ Asquith to cast the burden of proving the mistaken identity on Sir Joseph Priestley and this clearly provides a basis upon which an appeal can be sought. Thirdly, with respect to the Judges reference to Sir Joseph Priestleys refusal to discuss the facts of the case during police interrogation, we must consider the effect of section 34 of the Criminal Justice and Public Order Act 1994 ( CJPOA) which deals with the defendants failure to mention facts when questioned or charged. In such a case where the defendant has been questioned and he has not responded to those questions, the tribunal of fact may draw such inferences as appear proper from the defendants refusal to mention those facts which he later seeks to rely on. However this present case must be distinguished from the classic section 34 cases such as R v Condron and R v Cowan because Sir Joseph Priestley clearly stated during interview that it was a case of mistaken identity. Assuming that it truly was a case of mistaken identity, then there would have been nothing further to discuss during interview and the judge would be wrong in drawing the inferences from Sir Joseph Priestleys interview with the police. Another point which must be discussed is the fact that despite alluding to the defence of mistaken identity during police interrogation, the police did not conduct further investigations to enquire whether anyone else on t he train might have witnessed the crime. One would imagine that travelling from Buckinghamshire everyday to Neasden, Sir Joseph Priestley would have established a travel pattern which would yield the possibility of discovering regular travel companions who might know about Sir Joseph Priestley and whether he has ever engaged in such an act. The inability of the police to yield additional evidence to support the Ms Roberts case seems to be particularly detrimental in proving the case against Sir Joseph Priestley. It would therefore seem that Sir Joseph Priestley has a good chance of overturning the conviction on appeal. Don’t waste time! Our writers will create an original "Criminal Litigation Process" essay for you Create order R v. Mr. Harry Collingwood and Mr. Fred Vaughan The facts reveal that both Fred and Harry have been convicted of the crimes of murder and conspiracy to cause explosions. They now seek to appeal against their convictions. The issue raised here is whether the conviction is safe in the light of the evidential shortcomings displayed during the criminal litigation process. The general rule with respect to appeals from the crown court is encapsulated within section 2 of the Criminal Appeals Act 1995. This section states that a person convicted on indictment may appeal on the single ground that the conviction is unsafe. In the case of R v. Chalkley, the Court considered the definition of unsafe and suggested that it was more or less a subjective question of whether there still remained a lurking doubt in the minds of people which made them wonder whether an injustice has been done. There are a number of issues which must be discussed in the light of the conclusion that the conviction appears to be unsafe. The first issue relate s to the procedure followed during the interrogation of both Fred and Harry. The facts reveal that during questioning, both parties were denied access to a solicitor. The general rule with respect to rights of suspects to legal advice is contained within section 58 of the Police and Criminal Evidence Act 1984 (PACE). Section 58 provides that a person who is arrested and held in custody at a police station has a right, at his request, to consult privately with a solicitor at any time. Furthermore, Article 6(3) of the ECHR requires that consultation with a legal adviser must take place out of the hearing of a third party. Fred and Harry therefore ought to have been informed of their right to see a solicitor upon arriving at the police station, and they also had the right to consult with solicitors without the presence of Inspector Lewis or any other third party. The refusal of the right to consult with a solicitor is clearly grounds for the exclusion of the evidence obtained as a result of the denial of the accuseds right. The second issue relates to the refusal by the police to allow both Fred and Harry inform a family member of their whereabouts. Under PACE, section 56(1) the suspect has the right to have a friend or family member informed of the arrest. However this right may be delayed in certain circumstances. One of such circumstances might be where the officer has reasonable grounds to believe that such friend or family member may interfere with the evidence connected with an offence, thus hampering the police investigation. It would therefore appear that in this case the police might have been justified in refusing both Fred and Harry the right to inform family members of their whereabouts. The third issue here relates to the apparent physical threats made by Inspector Lewis to both Fred and Harry and the manner and condition under which the confessions were made. The threats and the manner of eliciting the confessions can be said to am ount to oppression. Oppression is defined in section 76(8) of PACE as torture, inhuman or degrading treatment, and the use or threat of violence. In 1968, Lord MacDermott commented to the Bentham Club that: oppressive questioning is questioning which by its very nature excites hopes or fears or so affects the mind of the suspect that his will crumbles and he speaks when otherwise he would have remained silent. While PACE does not define any of the three concepts of torture, inhuman or degrading treatment, one can look to the decision of the European Court of Human Rights in The Greek Case where the commission defined inhuman treatment as such treatment as deliberately causing severe suffering, mental or physical and degrading treatment as treatment which grossly humiliates the individual before others or drives him to act against his will or conscience. Furthermore in the case if Republic of Ireland v. United Kingdom the court was concerned with certain techniques of interr ogation used upon suspects in detention which included wall standing, hooding, deprivation of sleep, food and drink. In this case, the court held that the techniques amounted to inhuman treatment because they caused physical and mental suffering and also led to acute psychiatric disturbances during interrogation. Relying on the above decisions, it can be said that the station house treatment of both Fred and Harry amounted to inhuman treatment and the nature of the questioning was clearly oppressive. In the light of this fact, the next logical question to be decided falls to be: Of what evidential value is the confession purported to have been signed by both Fred and Harry. Having determined that the confession was the product of oppressive questioning, we now turn to look at section 76 of PACE. Firstly as with all confessions made to the police, if the prosecution wishes to rely on it, they must satisfy the rule of admissibility that is in section 76(2). In this case, the Judge should have proceeded to hear issues as to the admissibility of the confession in a separate proceeding known as the voir dire, or the trial within the trial and then deciding as to whether or not the evidence ought to be allowed in. Failing to do this, the judge clearly breached the procedural rules relating to the admission of evidence and this clearly presents a ground for challenging the conviction. The next issue concerns the joint trial of Fred and Harry, where both defendants rely on different defences. What exactly do I mean? Well we need to examine what section 76(1) of PACE states. It states that a confession made by an accused is admissible against him. This shows that it is only admissible against its maker and not against any other person including a co-accused who may be named in the confession. In this case, the learned judge has not used his discretion to order separate trials, give a limiting warning to the jury or sought to edit the confession so tha t it does not implicate Harry Collingwood, whose defence is that he was not present at the time of the bombings, but was in china on vacation. Once again, such flagrant disregard for criminal procedure by Mr. Justice Jeffreys lends credible support to the conclusion that the criminal procedural system was so flawed as to render the convictions unsafe. The final issue to be touched upon relates to the unusual nature of the Judges summing up to the Jury. As it has been noted in Blackstones Criminal Practice 2008, errors resulting the judges summing up are clearly capable of rendering a conviction unsafe. It is therefore necessary to carefully dissect the summing up in this case to see where the judge erred. The first issue to be raised with the summing up is that of the burden of proof. While the Judge makes mention of the fact that the burden of proof is on the prosecution, he fails to mention the standard to which the burden must be proven. Secondly, the Judges statement s that the Jury ought to disregard Ms Lopezs testimony without any proper basis for its dismissal is clearly erroneous in the light of the fact that the law clearly states that the judge has a general duty to remind the jury of the evidence, and as part of that duty. He has got to remind them of the defence case à ¢Ã¢â€š ¬Ã¢â‚¬Å" Ms. Lopezs alibi of Mr. Collingwood forms part of the defence case for Mr. Collingwood and the judge ought not to have made light of the fact that love is blind and can lead people to do silly things which clearly forms a bias against Ms. Lopezs testimony. Overall, the judges summing up was clearly biased and in favour of the Prosecution. The judges statement that the prosecution evidence is best corroborated by the jurys knowledge of the world is clearly erroneous and devoid of proper reasoning or sound legal knowledge. Any corroboration that the jury might need ought to have been in the evidence presented, and not in any external factors such as their knowledge of the world. In the case of Berrada, the judge referred to defence allegations which suggested that police had fabricated evidence as really monstrous and wicked. On Appeal, it was decidedly stated that in directing the jury, the judge has a duty to state matters impartially, clearly and logically and not inappropriately to inflate evidence to sarcastic and inappropriate comment. Similarly in R v. Marr, the judges dismissive attitude towards a large volume of character evidence had been held as grounds for having the conviction quashed. Although in the case of ODonnell, it was held that the judge should be allowed some leeway in commenting upon the evidence and in the case of Canny, it was held that a conviction will be in danger only when the judge crosses the line into blatant unfairness and apparent pro-prosecution bias. Applying the above cases to the present scenario, it is my opinion that the comments of the judge, during summing up, do clearly cro ss the line into blatant unfairness and prosecution bias as demonstrated in Canny. The judge could not be described as having been fair in his summing up, and if even allowed some lee way in commenting upon the summing up, his comments could not be described as harmless, but at best, were designed to perpetrate his politically minded agenda which showed a heavy disdain for political activists. However he failed to note that the bench is not the place to perpetrate such an agenda and that he has to remain neutral at all times during the course of the trial. The judge clearly did not achieve this level of fairness and as such the conviction of both Fred and Harry must be said to be unsafe and dangerous and warrants an immediate appeal. BIBLIOGRAPHY 1) Peter Murphy, Blackstones, Criminal Practice, 2007, Blackstone Press. 2) Roderick Munday, Evidence, 2005, Third edition, Oxford University Press 3) Ian Dennis, The Law of Evidence, 2003, Second Edition, Sweet Maxwell. 4) Adrian Keane, The Modern Law of Evidence, 2005, Sixth Edition, Lexis Nexis 5) Peter Hungerford-Welch, Criminal Litigation Sentencing, 2004, Sixth Edition, Routledge Cavendish.

Federal Budgetary Function, And The Oversight Function Essay

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After introduction, bills are sent to designated committees which, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, opens the legislative process to public participation. When a committee has acted favorably on a bill, the proposed legislation is then sent to the floor for open debate. In the Senate, the rules permit virtually unlimited debate. A bill passed by one house is sent to the other forShow MoreRelatedThe Federal Information Security Management Act1089 Words   |  5 Pages The Federal Information Security Management Act (FISMA) Dayne Dickson Bellevue University The Federal Information Management Act Regulations are rules imposed by governments on companies, and individuals to ensures that society is protected. 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Use of Technology in Business Organisations Sample for Students

Question: Identify Dynamic Capabilities in your Organization. Use Teece, Pisano, and Shuen's paper to Justify Why and How these Capabilities are Contributing to Competitive Advantage and Outline how they differ from resources as Identified by Barney. Answer: Introduction: The following report is going to analyse the potential changes of technology in business organisation with special reference to the National Commercial Bank of Saudi Arabia. The National Commercial Bank is the second largest bank in the country in the country pioneering Islamic banking and finance in the world. NCB (National Commercial Bank) of Saudi owns 15% share of Initial Public Offering (IPO) in the country. since the bank has been serving the public since 1953, it has sought for certain infrastructural changes that was driven by the procurement and architecture of technological advancement within the organisation. Technology in the banking sectors is highly recommended so as to get hold of the national economic and commercial system as well as to investigate the monetary movement in the country as well as the whole world. Usually banking technology is associated with ICT (Information and Communication Technology) and data Base Management. In order to attract greater number of c ustomers to the bank through the ease of banking performances and customer relations, change in the mode of technology is stringently essential. Technological changes bring together the innovation of products as well the innovation of process. Both the product and process innovation is amalgamated in order to improve the customer service and product efficiency of the organisation. Since the banks product is its services provided to the customers, the main aim is to be efficient enough in improving the quality through technological intervention. J.B. Barneys Model of Competitive Advantage: J.B Barney has looked into the complexities of competitive advantage of an organisation. It needs to be identified whether the case organisation has the dynamic capabilities to make a certain change in course of technological uses. After the losses during the economic crisis, most of the commercial banks in the world have been seeking technological refuge from the greater organisation so as to restore the positive situation for the sake of commercial and economic ease in the market. according to Teece, dynamic capabilities of the become quite critical and difficult in the development of environments that facilitates international commerce. In order to overcome the economic shocks the National Commercial Bank has created a design of a model of technological changes so that the economic circulation can be generated. Devising strategies for Technological Changes: Different strategies have been initiated in order to meet the customer demands. These strategies are generally devised by the managers of the organisation. The strategies include customer care service, investment service and loan recovery service. However, certain shift to advanced technology can help the banks recover all the data pertaining to the commercial practices. According to the scholars like Richard Daveni, Giovanni Battista and Ken smith, an organisation can develop the temporary advantages on its own through the adoption of new technologies. The difference between competitive advantage and temporary advantage creates a vacuum for the organisation during its commercial performance (Lone, Aldawood Bhat, 2017). Replacement of Older Practice: The decision of revamping old way of commercial practice in the banking sector with the newly developed ideas depends upon the banks approach towards the acceptance of modern technologies. Banking technologies such as eBanking platform, eCommerce, In order to serve the clients in a much faster and smoother ways the NCB Saudi has adopted and accepted different technological advantages in its performing course. Starting from plastic money circulation to cashless economic standards, NCB has been trying to achieve the highest level of excellence thus moving ahead to the competitive advantage (Martins, Oliveira Popovi?, 2014). The other technological acceptance has been identified through the implementation of remote banking, signature retrieval facilities and centralisation of client information (Johnston Marshall, 2016). Dynamic capabilities: The practice of dynamic capabilities in National Bank of Commerce has been identified in regards to the use of technologies that has been incorporated within their operational structure (Lawrence, 2017). National Bank of Commerce is considered as one of the established financial institutions of Middle East Asia with an extensive service over its different parts. The context of the capabilities correlates to the discourse of corporate turnaround phenomenon. This process involves the appreciation and involvement of more resources in order to determine the perspective of the commercial processes that undergoes in a profitable institution. According to the Schboenberg and several other scholars, The resource based view and dynamic capability perspectives could provide insightful lenses to explore turnaround (Schoenberg et al., 2013). Resource Status: The status of the resources helps in determining the competitive proposition depending upon the assets and resources of the organization. Keeping congruency with the views of the competitive regulations has helped in sustaining the advantages of the other firms which deals in the similar type of services. The crucial factors that determine the deployment of integrated information management system can enhance the capability of resource management and supply chain management efficiency. In regards to the technological disruptions, the accessibility of the resource and other infrastructure of the organization retain the possibility of competitive advantage in a commercial setup (Baden-Fuller Haefliger, 2013). In order to get sustained competitive advantage of the market most of the firms are found to improve their business practices that have been quite influential in capitalising the technological engagement (Nor Pearson, 2015). National Commercial Bank of Saudi Arabia has been undergoing a constant process of technological improvement in collaboration with the federal policies. Since there are certain standards set by the government in terms of using technologies in the firms, the bank no doubt facilitates the customer with better level of advancement. Its resources, capability of using those resources and result of implementation altogether accelerates the speed of performance. There are two major objectives of technological implementation: i) Increase in the production method ii) Standardisation of rapid process Life Cycle: Life cycle in the technological usage upholds three states: introduction growth maturity decline In the period of introduction, newly adopted technologies are at its apex condition. Hence, it accelerates the growth of service delivery to the clients of the bank. On the contrary, it keeps dwindling down at times. At the time of growth of technological usage in the Bank, the process is made highly standard and the managers can provide innovation in process management. At its maturity stage, the technological usage is sleuthed pertaining to its level of capability. However, the amount and standardisation of innovation starts dwindling and it flows down in the declining stage. Environmental Analysis: The first local bank of Saudi Arabia, the National Commercial bank has been one of the major contributors to the sustainable business practices. In case of its changing attitudes towards technologies, the bank has adopted new strategies to contribute to its economic surrounding. In order to strengthen customer relationship, the bank has been creating a new realm of its own so that it can remain undefeated in the market of competition. National Commercial Bank tries to set a standard of its own so that its further regulations can only be improved up to utter betterment. Conclusion: It can thus be concluded that the technological changes in consideration with the understanding of competitive and contemporary advantage in the market, the National Commercial Bank propagates its structural strategies for innovation of technological usage among the internal stakeholders so that the standard of business practice remains upward moving. Reference: Baden-Fuller, C., Haefliger, S. (2013). Business models and technological innovation.Long range planning,46(6), 419-426. Hatch, N. W., Howland, C. (2015, January). When Does Competitive Advantage Improve Customer Welfare?. InAcademy of Management Proceedings(Vol. 2015, No. 1, p. 18091). Academy of Management. Johnston, M. W., Marshall, G. W. (2016).Sales force management: Leadership, innovation, technology. Routledge. Lawrence. (2017). jifsjm.org. Retrieved 15 April 2017, from Jifsjm.org. Retrieved 15 April 2017, from https://www.jifsjm.org/downloads/dynamic-capabilities-for-bank-turnaround Lone, F. A., Aldawood, E. M., Bhat, U. R. (2017). Comparative Analysis of Customer Satisfaction towards Islamic and conventional banking: An empirical Study from Saudi Arabia.International Review of Management and Marketing,7(1). Martins, C., Oliveira, T., Popovi?, A. (2014). Understanding the Internet banking adoption: A unified theory of acceptance and use of technology and perceived risk application.International Journal of Information Management,34(1), 1-13. Nor, K. M., Pearson, J. M. (2015). The influence of trust on internet banking acceptance.The Journal of Internet Banking and Commerce,2007.

Overview Essay Example

Overview Essay Organizations which adopt technological innovations in order to capitalize on their core competencies are called high-technology organizations (cited in Laudon Traver, 2007). Strategic management of high-technology organizations involves a constant process of managing change because the need is one of implementing a continuous improvement program by automating existing business processes. As a result high-technology organizations go through a constant process of business process reengineering. Existing business processes are reengineered to capitalize on technological innovations. Embedding technological innovations into existing business processes is not an easy task because the need is one of ensuring strategic alignment between business strategies and technology strategies. There is no doubt that technological innovations can save costs by streamlining the different business processes. However there are challenges to implementing these technological innovations and that is why, w hen it comes to managing high technology organizations, there is a critical need for the management to create an organizational culture which values strategic change.Case briefThe issue of the case is GE’s migration to the technological innovation of conducting business operations online. The case highlights Welch’s leadership as the critical factor in GE’s transformation as a high-technology organization. When Welch became CEO, he immediately set out to change the organizational culture of the company by streamlining and redefining its processes, by developing the people and by renewing its strategies. Nearing retirement, he was still a stranger to the business potential of the Internet until he saw the light while on vacation. Upon returning he immediately launched the e-business initiative. GE Plastics had already started an e-business initiative on its own. However Welch’s initiative speeded up the transition. GE Plastics served as an example for the other business units. Dissemination of information in the company was facilitated by a regular series of meetings and discussion forums round the year. Transferable best practices were researched and applied and through this process GE evolved from selling online to buying online to conducting its internal operations online. GE Plastics was the success story as it targeted conducting 90% of its transactions online. However, given the massive size of GE at the time it was implementing the e-business initiative, managing change was a complex task. The case illustrates the organizational culture that was GE’s number one enabling capability in managing the structural change of migrating to Internet-age competitiveness.GE’s capabilitiesCapabilities are the basis on which an organization builds its competitive advantage and in this respect one of the most important capabilities at GE was its environment which promoted a continuous process of strategic change. Capabilities lo se their value if they are reproducible by competitors. Therefore business organizations strive to develop core competencies which make its operations unique in terms of efficient and effective resource allocation. The challenge for the management in this respect is to develop the kind of core competencies which competitors cannot copy. This was the area in which GE had one of its most important capabilities: the area of organizational culture. One of the most important cultural characteristics at GE was the spirit of innovation. The management and the employees at GE were always collecting information on the existing business processes and disseminating it throughout the organization so that best practices could be identified and embedded in all business processes. The competitive advantage that resulted from this process of structural transformation was sustainable because competitors could not possibly replicate the cultural mindset that made the continuous improvement process wo rk at GE. If GE’s capabilities had included a collection of automated business functions, then the resultant competitive advantage would not be sustainable because competitors would soon automate their business functions as well. But since GE’s capabilities were based upon software, people and their intellectual capital which took years to develop, and not hardware, its competitive advantage was sustainable. The spirit of learning and growth that characterized the organizational culture at GE was the bedrock on which was built its other capabilities, such as customer-oriented business processes and the forward-looking performance measurement system. These capabilities built a sustainable competitive advantage by capitalizing on an organizational culture of boundaryless information transfer which in turn facilitated transfer of best practices from one business unit to another. As a result of this continuous process of benchmarking in terms of resource allocation, capabi lities such as customer focus or performance management constantly evolved to build a sustainable competitive advantage.Welch emphasized building a social architecture which could capitalize on the capabilities that GE possessed. In this he focused on developing the people, redefining the processes and revising the strategies. Even though Welch started out as CEO by eliminating nearly 100,000 positions, his focus was always on bringing the best of out his people. In this he invested a considerable level of resources in the Crotonville education center so that managers and their subordinates received training of strategic value. Welch also redefined processes by eliminating bureaucracy and in the process he created the sort of organizational culture which was intolerant of bureaucracy. He encouraged discussions between representations from different business units of the company. Implementation of the six sigma program and diversification into product services were some of the strate gies that GE implemented under Welch’s leadership. Welch used these revised strategies and processes to build and reinforce GE’s capabilities.Competitive advantage in internet-based businessOne of the strategies that Welch followed in revitalizing the culture was to transform GE into a boundaryless company. This enabled the Best Practices program which benchmarked GE both externally and internally. External benchmarking enabled the company to catch up and develop a competitive edge in the internet-based business. Because the organizational culture emphasized the need to incorporate best practices found in other industries, the GE staff was instantly able to find a parallel for its e-business initiative in the e-commerce sector by studying how Amazon took away market share from Barnes and Noble. So at the outset of executing the e-business initiative, the assumption was that competitors who were already using the internet to conduct their businesses would have the same kind of competitive advantage over GE that Amazon did over Barnes and Noble. Proceeding under that assumption, the GE team began to assess its own vulnerability against high-technology competitors by forming the dyb.com. In manning the dyb.com team, Gary Reiner emphasized that the people who worked in the team had to have three attributes. They needed to have strong marketing background, they needed to have project management skills and they were also required to have a passion for the internet. Skills and interests from all these three areas had to be coordinated in creating a technological solution that had to be mission critical. The dyb.com team began by analyzing how a hypothetical internet company could take market share away from GE and the analytical template they used was the case of Amazon.com vs. Barnes and Noble. Dyb.com was also given the task of developing preemptive measures and countermeasures for possible scenarios. In performing these tasks, the team was given cons iderable flexibility and was encouraged in out-of-the-box thinking as long as it did not break established company values.The formation of dyb.com was the critical first step which enabled GE to make a smooth migration to the new technological platform even though it was late in the game. However the efforts that the dyb.com people put in would not have the same level of energy if Welch had not constantly kept in touch with them and impressed upon them the importance of what they were doing. Top management support is critical when it comes to managing change because employees are not in a position to assess the strategic importance of managing change. Welch’s continuing support for dyb.com serves to illustrate the need for management support when it comes to business process reengineering with technological innovation as GE was doing at the time by migrating into the Internet based business. Given GE’s late arrival on the scene, it is doubtful whether the company would have made a successful transition, even with the help of first-mover GE Plastics, if Welch had not made it totally clear that successful implementation of the internet-based business was the only item on his agenda.Diffusing innovations through trustThe Chief Information Officer Gary Reiner emphasized the importance of company-wide communication as a means of diffusing innovations through all of GE’s business units. This was facilitated by the operating system calendar which scheduled a regular series of meetings between delegates from different business units where there were exchanges of ideas on best practices. The operating system calendar ensured that when Reiner started out in promoting the e-business cause, there was already a culture of trust pre-existing. This was a cumulative effect because the meetings under the operating system calendar were not standalone incidents. Each meeting in the calendar built upon the previous in terms of scope and each served to acceler ate the momentum with which initiatives were put into operation. According to this operating system, each initiative went through cycles of improvement. For example, the globalization initiative had been enriched through more than a dozen cycles. Other initiatives such as six sigma, services and e-business were in the fifth, the sixth and the third cycle respectively. These initiatives were put in operation in all business units and performance results were compared across business units during the meetings. The sharing of information that facilitated these comparisons built trust among employees from different sub-units.In diffusing the e-business innovation throughout GE, Reiner went beyond the operating system calendar to schedule additional meetings and to develop additional measurements that were more targeted towards the e-business initiative. In this respect he emphasized identification of transferable best practices which facilitated the development of peer-to-peer relations hips. Because CEOs from different business units discussed with each other the progress they were making in implementing the e-business initiatives in their own departments, all departments benefited from the shared information. It was the cross-functional interaction throughout the operating system calendar that Rainer built upon that enabled GE to diffuse all three technological innovations of e-sell, e-buy and e-make throughout the organization even though the strategic impact of all three innovations was still not clear.System Complexity and couplingGE managed system complexity and coupling well because it managed to diffuse technological innovations successfully through all twenty business units. Technological innovations are particularly difficult to integrate into existing business processes because they have to be customized towards serving the strategic focus of the company. Therefore it is well for the company incorporating technological innovations by stages as GE was doi ng to be able to tap into past experience. The management at GE made this possible by means of the operating system calendar according to which managers and employees from different business units exchanged ideas in meetings and discussion forums. The operating system calendar is an example of using coupling to manage system complexity. The coupling in this case was taking place between different business units in the form of transferable best practices. Therefore even though the information system that GE was developing was steadily growing in system complexity as it evolved from selling online to buying online to automating internal business processes online, the conversion process was efficient because lessons learned from applications in one department were periodically disseminated to the rest of the organization under the operating system calendar. In this way all the different business units were interconnected and diffusion of innovations occurred without losing their effect iveness in system complexity.As stated in the case, managers and employees at GE were not sure whether the internet was making a difference to the extent that Welch had promised them. However this was not an indication of how well the company was managing system complexity. It was simply an indication of industry trends according to which the market was not ready yet to conduct transaction online. For example, one of the conclusions from dyb.com’s studies was that an Amazon-style threat did not exist. Therefore GE clearly implemented technological innovations successfully. If they did not reach the desired targets, it was only because the company was moving ahead of the industry. That is evidence enough of the success with which GE managed system complexity in it’s ever evolving information systems. Overview Essay Example Overview Essay Organizations which adopt technological innovations in order to capitalize on their core competencies are called high-technology organizations (cited in Laudon Traver, 2007). Strategic management of high-technology organizations involves a constant process of managing change because the need is one of implementing a continuous improvement program by automating existing business processes. As a result high-technology organizations go through a constant process of business process reengineering. Existing business processes are reengineered to capitalize on technological innovations. Embedding technological innovations into existing business processes is not an easy task because the need is one of ensuring strategic alignment between business strategies and technology strategies. There is no doubt that technological innovations can save costs by streamlining the different business processes. However there are challenges to implementing these technological innovations and that is why, w hen it comes to managing high technology organizations, there is a critical need for the management to create an organizational culture which values strategic change.Case briefThe issue of the case is GE’s migration to the technological innovation of conducting business operations online. The case highlights Welch’s leadership as the critical factor in GE’s transformation as a high-technology organization. When Welch became CEO, he immediately set out to change the organizational culture of the company by streamlining and redefining its processes, by developing the people and by renewing its strategies. Nearing retirement, he was still a stranger to the business potential of the Internet until he saw the light while on vacation. Upon returning he immediately launched the e-business initiative. GE Plastics had already started an e-business initiative on its own. However Welch’s initiative speeded up the transition. GE Plastics served as an example for the other business units. Dissemination of information in the company was facilitated by a regular series of meetings and discussion forums round the year. Transferable best practices were researched and applied and through this process GE evolved from selling online to buying online to conducting its internal operations online. GE Plastics was the success story as it targeted conducting 90% of its transactions online. However, given the massive size of GE at the time it was implementing the e-business initiative, managing change was a complex task. The case illustrates the organizational culture that was GE’s number one enabling capability in managing the structural change of migrating to Internet-age competitiveness.GE’s capabilitiesCapabilities are the basis on which an organization builds its competitive advantage and in this respect one of the most important capabilities at GE was its environment which promoted a continuous process of strategic change. Capabilities lo se their value if they are reproducible by competitors. Therefore business organizations strive to develop core competencies which make its operations unique in terms of efficient and effective resource allocation. The challenge for the management in this respect is to develop the kind of core competencies which competitors cannot copy. This was the area in which GE had one of its most important capabilities: the area of organizational culture. One of the most important cultural characteristics at GE was the spirit of innovation. The management and the employees at GE were always collecting information on the existing business processes and disseminating it throughout the organization so that best practices could be identified and embedded in all business processes. The competitive advantage that resulted from this process of structural transformation was sustainable because competitors could not possibly replicate the cultural mindset that made the continuous improvement process wo rk at GE. If GE’s capabilities had included a collection of automated business functions, then the resultant competitive advantage would not be sustainable because competitors would soon automate their business functions as well. But since GE’s capabilities were based upon software, people and their intellectual capital which took years to develop, and not hardware, its competitive advantage was sustainable. The spirit of learning and growth that characterized the organizational culture at GE was the bedrock on which was built its other capabilities, such as customer-oriented business processes and the forward-looking performance measurement system. These capabilities built a sustainable competitive advantage by capitalizing on an organizational culture of boundaryless information transfer which in turn facilitated transfer of best practices from one business unit to another. As a result of this continuous process of benchmarking in terms of resource allocation, capabi lities such as customer focus or performance management constantly evolved to build a sustainable competitive advantage.Welch emphasized building a social architecture which could capitalize on the capabilities that GE possessed. In this he focused on developing the people, redefining the processes and revising the strategies. Even though Welch started out as CEO by eliminating nearly 100,000 positions, his focus was always on bringing the best of out his people. In this he invested a considerable level of resources in the Crotonville education center so that managers and their subordinates received training of strategic value. Welch also redefined processes by eliminating bureaucracy and in the process he created the sort of organizational culture which was intolerant of bureaucracy. He encouraged discussions between representations from different business units of the company. Implementation of the six sigma program and diversification into product services were some of the strate gies that GE implemented under Welch’s leadership. Welch used these revised strategies and processes to build and reinforce GE’s capabilities.Competitive advantage in internet-based businessOne of the strategies that Welch followed in revitalizing the culture was to transform GE into a boundaryless company. This enabled the Best Practices program which benchmarked GE both externally and internally. External benchmarking enabled the company to catch up and develop a competitive edge in the internet-based business. Because the organizational culture emphasized the need to incorporate best practices found in other industries, the GE staff was instantly able to find a parallel for its e-business initiative in the e-commerce sector by studying how Amazon took away market share from Barnes and Noble. So at the outset of executing the e-business initiative, the assumption was that competitors who were already using the internet to conduct their businesses would have the same kind of competitive advantage over GE that Amazon did over Barnes and Noble. Proceeding under that assumption, the GE team began to assess its own vulnerability against high-technology competitors by forming the dyb.com. In manning the dyb.com team, Gary Reiner emphasized that the people who worked in the team had to have three attributes. They needed to have strong marketing background, they needed to have project management skills and they were also required to have a passion for the internet. Skills and interests from all these three areas had to be coordinated in creating a technological solution that had to be mission critical. The dyb.com team began by analyzing how a hypothetical internet company could take market share away from GE and the analytical template they used was the case of Amazon.com vs. Barnes and Noble. Dyb.com was also given the task of developing preemptive measures and countermeasures for possible scenarios. In performing these tasks, the team was given cons iderable flexibility and was encouraged in out-of-the-box thinking as long as it did not break established company values.The formation of dyb.com was the critical first step which enabled GE to make a smooth migration to the new technological platform even though it was late in the game. However the efforts that the dyb.com people put in would not have the same level of energy if Welch had not constantly kept in touch with them and impressed upon them the importance of what they were doing. Top management support is critical when it comes to managing change because employees are not in a position to assess the strategic importance of managing change. Welch’s continuing support for dyb.com serves to illustrate the need for management support when it comes to business process reengineering with technological innovation as GE was doing at the time by migrating into the Internet based business. Given GE’s late arrival on the scene, it is doubtful whether the company would have made a successful transition, even with the help of first-mover GE Plastics, if Welch had not made it totally clear that successful implementation of the internet-based business was the only item on his agenda.Diffusing innovations through trustThe Chief Information Officer Gary Reiner emphasized the importance of company-wide communication as a means of diffusing innovations through all of GE’s business units. This was facilitated by the operating system calendar which scheduled a regular series of meetings between delegates from different business units where there were exchanges of ideas on best practices. The operating system calendar ensured that when Reiner started out in promoting the e-business cause, there was already a culture of trust pre-existing. This was a cumulative effect because the meetings under the operating system calendar were not standalone incidents. Each meeting in the calendar built upon the previous in terms of scope and each served to acceler ate the momentum with which initiatives were put into operation. According to this operating system, each initiative went through cycles of improvement. For example, the globalization initiative had been enriched through more than a dozen cycles. Other initiatives such as six sigma, services and e-business were in the fifth, the sixth and the third cycle respectively. These initiatives were put in operation in all business units and performance results were compared across business units during the meetings. The sharing of information that facilitated these comparisons built trust among employees from different sub-units.In diffusing the e-business innovation throughout GE, Reiner went beyond the operating system calendar to schedule additional meetings and to develop additional measurements that were more targeted towards the e-business initiative. In this respect he emphasized identification of transferable best practices which facilitated the development of peer-to-peer relations hips. Because CEOs from different business units discussed with each other the progress they were making in implementing the e-business initiatives in their own departments, all departments benefited from the shared information. It was the cross-functional interaction throughout the operating system calendar that Rainer built upon that enabled GE to diffuse all three technological innovations of e-sell, e-buy and e-make throughout the organization even though the strategic impact of all three innovations was still not clear.System Complexity and couplingGE managed system complexity and coupling well because it managed to diffuse technological innovations successfully through all twenty business units. Technological innovations are particularly difficult to integrate into existing business processes because they have to be customized towards serving the strategic focus of the company. Therefore it is well for the company incorporating technological innovations by stages as GE was doi ng to be able to tap into past experience. The management at GE made this possible by means of the operating system calendar according to which managers and employees from different business units exchanged ideas in meetings and discussion forums. The operating system calendar is an example of using coupling to manage system complexity. The coupling in this case was taking place between different business units in the form of transferable best practices. Therefore even though the information system that GE was developing was steadily growing in system complexity as it evolved from selling online to buying online to automating internal business processes online, the conversion process was efficient because lessons learned from applications in one department were periodically disseminated to the rest of the organization under the operating system calendar. In this way all the different business units were interconnected and diffusion of innovations occurred without losing their effect iveness in system complexity.As stated in the case, managers and employees at GE were not sure whether the internet was making a difference to the extent that Welch had promised them. However this was not an indication of how well the company was managing system complexity. It was simply an indication of industry trends according to which the market was not ready yet to conduct transaction online. For example, one of the conclusions from dyb.com’s studies was that an Amazon-style threat did not exist. Therefore GE clearly implemented technological innovations successfully. If they did not reach the desired targets, it was only because the company was moving ahead of the industry. That is evidence enough of the success with which GE managed system complexity in it’s ever evolving information systems.

Microeconomic Concept Essays

Microeconomic Concept Essays Microeconomic Concept Essay Microeconomic Concept Essay Project Description: In this project, you will apply the theories studied in class to analyze the microeconomic forces affecting a business. Each and every data/graph/ table should have the Source with it. The contents of your presentation must incorporate concepts from the course. RESEARCH OUTLINE Choose your industry and your company Brief background of the company. Explain the circular flow diagram and concentrate on each part to explain the following. DEMAND THEORY Consumer Behavior and pattern Price elasticity of demand of the product and the shape of the demand curve. FIRM THEORY Cost structure of your company 2-3 years of actual data. ? Fixed costs, variable costs and your analysis of the same. MARKET THEORY Identify the market structure level of competition; the barriers to entry; any game theory application PRICING THEORY Pricing strategy of the company; price movements in the last 4-5 years. CONCLUSION EXTRA CREDIT Relevant materials, apart from the PowerPoint, that will enhance the understanding of the microeconomic concepts that you have included in your resentation. ?Research (newspapers or any other authentic sources) which you can include in a meaningful way in the presentation. ? Use of actual data of your company from annual reports, financial statements ? Your own survey, interview, analysis that you carried out for this project ? Involvement of your colleagues during the presentation / discussion. ? Creativity in your presentation. Your preparation and conf idence during the presentation. I would like to choose Mcdonalds as a firm in this research microeconomic concept By falmarzooqil

3 More Sentences Lacking One Word to Be Correct

3 More Sentences Lacking One Word to Be Correct 3 More Sentences Lacking One Word to Be Correct 3 More Sentences Lacking One Word to Be Correct By Mark Nichol Often, when readers stumble on a faultily constructed sentence, the obstacle is merely one seemingly inconsequential word- or, more accurately, the omission of what is actually an essential component of the sentence. In each example below, one missing word throws off the sentence. Discussion and a revision point the way to a coherent statement. 1. Management’s assumptions about markets, customers, competition, technology, regulatory and other external factors are fundamentals that shape the organization’s strategy. This sentence is constructed as if regulatory and â€Å"other external factors† are distinct list items, but they are actually part of the same unit- regulatory and â€Å"other external† each modifies factors, so the sentence must be slightly reorganized to reflect that fact: â€Å"Management’s assumptions about markets, customers, competition, technology, and regulatory and other external factors are fundamentals that shape the organization’s strategy.† 2. What has worked in the past can and will change by the season, day, or even the hour. The article the before season can carry the weight of all three nouns that follow it (â€Å"What has worked in the past can and will change by the season, day, or even hour†), but the sentence flows better if each noun is assigned its own article: â€Å"What has worked in the past can and will change by the season, the day, or even the hour.† Revising the sentence to reflect one alternative or the other is necessary, because if all three nouns do not share one article, day must, like the others, have its own. 3. The above list is not intended to be all-inclusive or suggest that companies not take advantage of resources. The sentence syntax dictates that what precedes or and what follows it be equivalent, so each phrase should be preceded by the infinitive to; otherwise, the implication is that the reader is to understand that the equivalents are â€Å"be all-inclusive† and â€Å"be suggest†: â€Å"The above list is not intended to be all-inclusive or to suggest that companies not take advantage of resources.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Style category, check our popular posts, or choose a related post below:Definitely use "the" or "a"Taser or Tazer? Tazing or Tasering?Words Often Misspelled Because of Double Letters

News Story Assignment Example | Topics and Well Written Essays - 1250 words

News Story - Assignment Example Marisol Franken, an administration coordinator for community services targeting Australians over the age of 55 corroborated McKay’s statements. Speaking to the media at the same event, Mr Franken most people turned up for physical fitness in the evenings and over the weekend. He, however, urged people to take physical fitness seriously, especially the Australian elderly. â€Å"We need to have a nation that is physically fit,† he averred. The report also showed that most Australians were not physically active. 34.1% of the people interviewed did not participate in any sporting activity or physical fitness program while 6.3% only participated â€Å"occasionally†. Only 29% of the research sample engaged in sports more than twice a week. Noting that physical fitness was key to the general health of an individual, McKay termed the findings as â€Å"grim reality†. He, however, stated that the research identified various constraints that hindered people from participating in sports of physical fitness programs. Some participants cited age as a major constraint where they stated that they were too old to take part in sports. Others were afraid of the occasional injuries that people sustained in sports whereas others were simply not interested. There are some who cited heavy responsibility at home or at the work-place while others put the blame on financial challenges. In light of these findings, it is important that relevant authorities take up the challenge and work towards a better, healthier and physically fit Australia. There is need to put appropriate measures into place to encourage Australians to participate in sports and physical fitness programs. Moreover, every Australian has a responsibility of his or her health. It is a high time Australians came out of their cocoons and took sports and physical fitness seriously. The level of physical fitness in Australia is very low. A large number of Australians do not participate in sports

10 Legal Case briefs Study Example | Topics and Well Written Essays - 2500 words

10 Legal briefs - Case Study Example 2. Procedural History: The case was first heard in a Chicago court, before being appealed in the Illinois appellate court and later the Illinois Supreme Court. The case was passed further to US Supreme Court for a final determination. 3. Facts: Terminiello, a suspended catholic priest made a speech that was injurious to the personality of certain racial groups in an auditorium if the state of Chicago. this caused a public disturbance which forced the police to arrest him and present him to court. 5. Reasoning: The reasoning applied under this case is that inflammatory speeches and fight words are against the provisions of the first amendment of the US constitution. Therefore, the law does not protect the right of speech which creates anger and dispute. Additionally, the provisions of the amendment are against any speech or words that cause public unrests and disputes. 6. Rule: The trial court ruled that Terminiello was guilty of a breach of peace, because his conduct entailed a breach of public peace and decorum. The both the Appellate and the Supreme courts of Illinois affirmed the ruling. The US Supreme Court ruled that the statute used to charge him was unconstitutional. 7. Holding: the Supreme Court held that the speech made by Terminiello was protected under the first amendment of the US constitution. It also held that the statute applied to convict him by the Chicago trial court was unconstitutional. 8. Dissent: Chief justice Vinson opposed the opinion, observing that the statute applied was suitable for punishing fight words. The same sentiments was echoed by justices Frankfurter and Jackson, who observed that reversing the ruling granted by the trial court and affirmed by both the appellate and the supreme courts of Illinois was a breach of balance of power of the state and the federal courts. 2. Procedural History: The case was first held in a California trial court. The appeal was presented to the

Early Childhood Education Essay Example for Free

Early Childhood Education Essay Please accept this letter as an application for admission to University of Houston to receive an Ed. D in Early Childhood Education. I submit this letter for I believe that my experiences are well qualified to meet the needs of the position. I am taking Masters of Education, Educational Administration with PDAS certification at Prairie View AM University in Educational Administration and fully expect to complete my degree by August 2010. I have started applying for Assistant Principal positions within my district for next school year. I am looking forward to continuing my studies in the Ed. D program in Early Childhood Education. I am currently a Head Start Teacher in Port Arthur Independent School District, Port Arthur, Texas. This 8-year experience provides me career growth and competitive experiences in the field of Early Childhood Education. I am taking responsibilities in the planning and implementation of activities to promote the social, physical, and intellectual growth of children three and four years of age. Care, hygiene, learning, development activities, specialized programs, positive guidance of the children and maintaining records, cleanliness and orderliness are also given special attentions in my field. I have been a department chairperson for the last 3 years. I have also worked as a substitute coordinator where in I was involved in recruiting new substitute teachers for the district. In this job, I have also worked directly with the principal in locating teachers to fill in the classrooms during summer months. My studies in Masters of Education not only provide me strong background and research experience but also in the applications of these learnings. I also believed that my educational values and my work experiences will not only contribute advancements to myself but also effectively put these into practice. I have the earnest desire to function successfully in program development activities, teachings, and basic and applied researches in early childhood education. Attached herewith are my resume, certificates, and transcript for your reference. I look forward to hearing positive responses from you regarding this matter. Thank you for your consideration. Respectfully yours, Michelle M. Lockwood

Essay --

Ashley Saint Paul Composition/P.1 March 10, 2014 Stem Cell Research Modern medicine has come so far: our ancestors were victims to procedures like trepanning, bloodletting by leeches, and more recently prefrontal lobotomies. And yet, modern medicine still has a long way to go. Stem cell research shows great promise for curing common yet debilitating conditions, like Parkinson’s disease, paralysis due to spinal cord injuries, cancer, and many more. One day, things like stem cells could even help us re-grow parts of our body, like vital organs and other body parts. This could extend our lives greatly, but could it also change our society? The growing debate over the ethical aspects of stem cell research has overshadowed all the progress that has been achieved throughout the years. Stem Cell research is vital to our medical world because of all the possibilities it offers, and to waste that would be unfortunate. Controversies surrounding this topic fall under the categories of religious belief, moral and ethical concerns, and politics. Although t here may be a great deal of apprehension when it comes to this topic of discussion, the overall outcome of this research is crucial to our advancement in the medical world. For years Scientists have been trying but to no avail with the help of research to change the game of cancer research when people get sick its always our nature to find a solution cancer research is that solution.The process of finding cures completely 500 million people died die a year from cancer temptations it's a matter of cancer spreading to other areas and then there's the cancer that reoccurs embryonic stem cells have the potential to become anything they want with that kind of power we In 2012 more than 50,159 of ... ...ows considerable potential in helping us to better understand more about the causes of dementia and to find new cures for it. The possibilities derived from stem cell research are very plentiful and pose great potential to the future of the medical world. The amount of diseases it can help cure are almost endless, and it is an amazing aid in helping ease procedures for patients. Although people still have their reservations about this type of research being done, it still a major step for scientist. The whole issue with where does life really begin weather it’s at conception, or at a certain amount of moths, or even when the baby is born, should not be the contributing factor of whether or not this research is furthered. When there is a possibility of saving hundreds of millions of lives, there should be no hesitation as to whether or not to consider this research. Essay -- Ashley Saint Paul Composition/P.1 March 10, 2014 Stem Cell Research Modern medicine has come so far: our ancestors were victims to procedures like trepanning, bloodletting by leeches, and more recently prefrontal lobotomies. And yet, modern medicine still has a long way to go. Stem cell research shows great promise for curing common yet debilitating conditions, like Parkinson’s disease, paralysis due to spinal cord injuries, cancer, and many more. One day, things like stem cells could even help us re-grow parts of our body, like vital organs and other body parts. This could extend our lives greatly, but could it also change our society? The growing debate over the ethical aspects of stem cell research has overshadowed all the progress that has been achieved throughout the years. Stem Cell research is vital to our medical world because of all the possibilities it offers, and to waste that would be unfortunate. Controversies surrounding this topic fall under the categories of religious belief, moral and ethical concerns, and politics. Although t here may be a great deal of apprehension when it comes to this topic of discussion, the overall outcome of this research is crucial to our advancement in the medical world. For years Scientists have been trying but to no avail with the help of research to change the game of cancer research when people get sick its always our nature to find a solution cancer research is that solution.The process of finding cures completely 500 million people died die a year from cancer temptations it's a matter of cancer spreading to other areas and then there's the cancer that reoccurs embryonic stem cells have the potential to become anything they want with that kind of power we In 2012 more than 50,159 of ... ...ows considerable potential in helping us to better understand more about the causes of dementia and to find new cures for it. The possibilities derived from stem cell research are very plentiful and pose great potential to the future of the medical world. The amount of diseases it can help cure are almost endless, and it is an amazing aid in helping ease procedures for patients. Although people still have their reservations about this type of research being done, it still a major step for scientist. The whole issue with where does life really begin weather it’s at conception, or at a certain amount of moths, or even when the baby is born, should not be the contributing factor of whether or not this research is furthered. When there is a possibility of saving hundreds of millions of lives, there should be no hesitation as to whether or not to consider this research.

Ethics and Law

This assignment focuses on Ethics and Law for Nursing and Social work which would be based on a Case Study. The case study which I have chosen is about Blood Transfusion. Nowadays Ethics and Law brings a huge impact on Nursing. The key of ethical principles underpins the health care policies and care practices. The meaning of ethics is something which the individuals performs everyday life. The other word for ethics would be ethical dilemma. Most of the time due to the intense nature of the work nurses may come across with variety of ethical dilemmas throughtout their courses and their professional careers. As a nurse the most important to carefully handle and maintain the ethical dilemmas. Ethical principles and theories is also included in this assignment. Ethical principles and theories are the foundations of the ethical analysis because they ate the viewpoints of the guidelines which can be obtained along the pathway to a decision. The ethical theories emphasise the different points of predicting the outcome and the following duties to the individuals in order to reach an ethically correct decision. however, ethical theories are useful because the theory is directed towards a common set of the goals. The ethical principles are the common goals which the theory tries to achieve in order to be success. These goals includeds Autonomy, Beneficence, non – malfiecence and justice. These 4 ethical principles has 4 different meaning which I will describe in details into my assignment. I will also mention the NMC Code of conduct which will inlclude respect, dignity, honesty, confidentiality, equity, and valuing diversity, all these would be explained in briefly into the assignment. The NMC Nursing and Midwifery Council Code of Conduct (2010) states that the individuals should be treated with respect and dignity. The health care rofessionals should recognise and maintain diversity, respect, cultural differences, values, dignity, confidentiality, and beliefs of the individuals they care for. This case study is about blood transfusion, The 70 years old man is refusing to have blood transfusion. The nurses and his relatives are also trying to convince him to have blood transfusion but he’s refusing to have blood transfusion. The reason this patient is refusing to have blood transfusion is because of his cultural differences and beliefs, the health care professionals should respect his cultural differences, beliefs and his own values towards this treatment. The NMC Code of Conduct (2010) states that the health care professionals should listen to the individuals and respond to their concerns and preferences. . In the case study it suggested that the nurse has tried to convince patient to have blood transfusion but he was refusing to have blood transfusion, so it’s very important that the health care professionals should promote choices to patients so that they are aware of their treatments whether they wants to have it or not they can decide. The NMC Code of Conduct (2010) states that people should respect individuals rights to confidentiality and also not to disclose any information to any third person if they are not entitled to it. The health care professionals shouldn’t pass any relevant information to anyone, without patient consents. The NMC Code of Conduct (2010) states that the health care professionals should ensure that they get patients consents before they begins to provide care for them, which means in the case study the nurse should get patient consent before she give blood transfusion so that the patient is aware of their treatment. The NMC Code of Conduct (2010) states that the health care professionals should be very honest and trustworthy when they are completing patients records and medical notes. The professional values are set of the moral principles and standards of the conduct, which supports the moral prestige of the professional groups in the society. The professional ethics are there to identify the moral standards and assessments, judgments and the concepts which characterise the individuals as representatives of a particular profession. The professional’s values develop norms, standards, requirements, typical to certain activities. The values are designed to educate people, and also help the individuals to behave properly with others, and communicate well at the workplace. The health care professionals should communicate with the patient with respect and dignity. Nurses shouldn’t force patient to have blood transfusion. The personal values which are ideals, beliefs, customs and characteristics which an individuals or particular group or society moderators valuable and worthwile. As a health care professionals they have to make innumerable decisions everyday how to care for patients and which sorts of care should they provide. Some of these decisions will have no moral substances. For example: the health care professionals have to decide that the patients should be bathed before breakfast has been cathegorised as a matter of experience effeciency and custom of order. (2004) thornes et al page : 46. Patient may have their own personal values to themselves, they might not prefer of having any pressure or force of having a treatment, they can decide or choose what is best for them. Ethical issues approach focuses on ethical issues that arise in practice. These are usually big moral dilemmas that be inclined to take over in the media,such as terminating life – sustaining treatment. The ethical concepts approach begins by looking at the development of the professional codes of conducts of ethics and then challenges the values that notifys practice and how significance conflicts are resolved. It also explores diverse ethical principles and concepts. (2004) thrones et al page 74 The equity of care means individuals patients or clients should be treated fairly accooding to their needs but that denies their differences and individuality. We living in multi cultural society and the codes requires nurses to promote and protect the interests and dignity of the patients and the clients, gender, age, race, ability, sexuality, economic status, lifestyle, culture, religious. (2005) chapman et al page no: 26 Autonomy it’s dominant to realise that the patients has personal autonomy and therefore they have rights to agree or disagree with the action or treatments, even refusal may result in harm or death of the individuals. In this case if a patient don’t want to have blood transfusion, the health care professionals shouldn’t force or pressure the individuals patients to have blood transfusion. This is their own choices and decisions not to have this particular treatment, so the health care professionals should not force them to have this treatment. It’s very important that the health care professionals ask consent to the patients before they begins with any treatments, so that the patients is aware of it. If a patients is egally incompetent to make an informed decision the health care professionals should try and find out about their wishes which they previously expressed in the statement for example: the living will. So if the patient was legally competent than the health care professionals should respect their choices and decisions. (2005) chapman et al page 48 Benefience and non – maleficence this imposes a duty to do good and avoid or minimise the harm of the patients. I t require the the health care professionals helps the patients and clients by promoting and safe guarding their welfare. Nurses duty is to treat individuals with respect when it involves their cultural and linguistic backgrounds, their treatments, the health care professionals should pay more attentions to their verbal and non – verbal communications when they communicate with the individuals patients. Recurrently in the line of the duties of care of the nurses come with the ethical dilemmas and the moral dilemmas which requires the health care professionals to exhibit the benefiences and non – malfiecence in agreement with the appropriate treatment for the patients. Patients has all rights to decide and choose their treatment in this case patient too incapacitate to make their needs or wishes known the nurses must lean heavily to the side of benefience. Justice which requires the equal treatment of the equal cases. It is concerned with the allcation of health resources and means that there should be no discrimination on the basis of gender, age, race, relligion. Patient shouldn’t be discriminated against their cultural differences or beliefs. The age discrimation act suggets that individuals shouldn’t be discriminated againt their age. In this essay I have discussed the case study of a patient who has been admitted to the casulty department after had a road traffic. He has sustained some severe injuries he needs blood transfusion. He refused to consent to this treatment due to his religious and beliefs purpose, although he understands that his life is at risk. He was unconscious few times. His relatives is agreed with the treatment which he will receive from the hospital but he still refused to have blood transfusion. The nurses tried to convince him for taking the treatment but his still refusing. The nurses have to respect the patient dignity and choices. This case study

Gothic horror Frankestein Essay

Intorduction Mary Shelley was brought up in radical surroundings. Throughout her life she was dominated by writers and poets. She had a very intellectual and opinionated family; her mother was a campaigner for women’s equal rights and her father was a political free thinker. Chapter 5 reveals that Mary Shelley has overturned the usual gothic conventions. She uses violent thunder storms to create an eerie, tense and ghostly atmosphere. The storm in chapter 5 is undramatic, it lacks violence and power which is completely different from the usual convention of a thunderstorm. Thunderstorms are usually the climax of what is happening but in this case its gives a sense of foreboding, a sense that something drastic is about to happen. The storm could reflect Victor’s obsession in his creation as this lead him to become dull and miserable. The scene is lifeless to emphasise the horrific and monstrous creature that Dr. Frankenstein brings to life. At the beginning of chapter 5, a contrast between light and dark is shown. Darkness encroaches on the light as the â€Å"candle was nearly burnt out†. Shelley builds up the description of the creature and begins with the â€Å"dull yellow eye†. By doing this Shelley builds up tension. It is a kind of calm before the storm until the monster is actually completely revealed. Shelley uses subliminal mental landscapes to communicate with Victors feelings. They reflect his shifting mental stability. Sublime landscapes are the only landscapes extreme enough to communicate with his â€Å"painful state of mind†. Dr Frankenstein’s ability or power over bringing something so grotesque and macabre to life, lead him to retreat from the society in which he lives and isolate himself in the confines of his creation. â€Å"Dear mountains! My own beautiful lake! How do you welcome you wanderer? Your summits are clear; the sky and the lake are blue and placid. Is this to prognosticate peace, or mock at my unhappiness?† By saying this, Victor is clearly offended by the beauty and scenery around him. It is as if calmness  and tranquillity angers him and torments his feelings of fear and isolation. Shelley uses Victor Frankenstein as the archetypal gothic protagonist. The qualities which he beholds are typical of the gothic genre. Dr Frankenstein often rejects the values and moral codes of the religious society in which he lives. He cuts himself off from the world, and rejects to the contemporary developments to natural science. â€Å"As a child I had not been content with the results promised by the modern professors of natural science. Frankenstein is characterised as the Byronic hero. Byronic hero, named after the 19th century writer Lord Byron, does not possess ‘heroic virtues’- but instead has many dark qualities. He has emotional and intellectual capacities which make him superior to the average man. He became â€Å"acquainted with the science of anatomy† and obsessed in his knowledge. Being obsessed in something he believes in show his arrogance and yet passion about particular issues. Often a Byronic hero is characterised by a guilty memory of some unnamed sexual crime- which often makes him repulsive towards the reader. Victor Frankenstein’s dream was maybe a subconscious desire toward his mother or guilt of being in a relationship with Elizabeth. Strange relationships and sexual undertones are the deeper and darker concerns revealed in his dream. In his dream, Elizabeth is in good health. But when he goes to kiss her, her lips become clear with the colour of her teeth. White lips are often associated with gothic conventions as they symbolise death and decay and reality from appearances. It soon turns into a nightmare when his mother decays before his eyes. He personalises his creation to his own family issues and it also shows that he is disturbed and somewhat possessed by his creation. Maybe he has a deep feeling of guilt about destroying the bodies and he subconsciously wishes he never because he wouldn’t want his mother to be dismembered in the same way. This could be the reason for his isolation because he became† so deeply engrossed in his sole occupation†. Mary Shelley’s â€Å"Frankenstein† differs from the usual gothic horrors as it deals with modern issues that are relevant today. The novel demonstrates the potential consequences of meddling with nature and shows its catastrophic  effects. It deals with the anxieties about advances in science and technology and the novel could be seen as a warning about the possible direction that scientific progress could take us. The consequences of when a man tries to create new life without a woman disastrous. Throughout the novel we are lead to think that there is a deliberate absence of females and how Frankenstein avoids feminine issues. However, a closer look reveals that the creation of his monster is a travesty against a woman’s biological prerogative. In victors arrogance he believes he can create wonderful new life without the role of a woman but Shelley demonstrates how wrong he is.

De Gaulles veto to British accession to EEC

De Gaulles veto to British accession to EEC Free Online Research Papers Charles de Gaulle, the French president successfully vetoed Britain’s accession to the European Economic Community (EEC) in 1963 and 1967. In this research paper I wish to look at some of the reasons and experiences, which influenced de Gaulle in his decision. But before enlisting the causes let us see why was then a need for a unified Europe. As early as the 19th century significant thinkers of their times, such as Kant, Rousseau, Victor Hugo had their concepts on the degree and nature of union and association European national states were to form in order to ensure economic, political union. After World War I the necessity for some type of European integration to reorganise the European political map became evident. Three facts that led nations towards integration: 1. First, the countries of Europe realised their relative weakness. The war had been a drain on both the Allies and the Axes budget and they couldn’t do without the American Recovery programs to get their economies going (Marshall Plan). The European hegemony in the world had also come to an end leaving two superpowers in the spotlight, the USA and Russian and the coming of a Cold War. 2. Second, any confrontation among European states was believed to be prevented by any means. Basically it was the question of finding the best possible method to make peace between France and Germany. 3. Third, a desire among Europeans to establish a â€Å"freer, fairer and more prosperous continent†. Winston Churchill, the former British Prime Minister, in his Zurich speech in 1946 called for a union of the European states, which was considered the first step towards European integration: â€Å"It is to recreate the European Family, or as much of it as we can, and to provide it with a structure under which it can dwell in peace in safety and in freedom. We must build a kind of United States of Europe †¦ The first step in the recreation of European Family must be a partnership between France and Germany.† Even the United States government was convinced that barriers to free trade had been largely responsible for the international tensions that led to the outbreak of World War II. Moreover the adoption of a free trade policy became a basic condition for any country to receive American economic aid. In 1949 two institutions were established: the great Western military alliance formed together with the USA, that was the North Atlantic Treaty Organisation (the NATO) and the Council of Europe, which meant another major step forward. A very influential push in the process of foundation of the European Community was given by the French Foreign Minister, Robert Schuman’s declaration. He suggested that France, Germany and any other European country interested pooling their coal and steel resources: â€Å"the pooling of coal and steel production should immediately provide for the setting up of common foundations for economic development as a first step in the federation of Europe.† After the failure of the European Defence Community (EDC) which existed between 1950 and 1954 the integration process went on with the Treaty of Paris that was signed in April 1951 establishing the European Coal and Steel Community (ECSC) by six countries: France, Germany, Italy, Belgium, Low Countries and Luxembourg. It seemed to be evident that economic integration was the only practical way toward a political union that would be achieved in the long run. The Six met in a conference in Messina in 1955 where they reached such agreements which meant a definitive step in the European construction: in 1957 they signed the Treaty of Rome establishing the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). When the Six established their first major association leading to closer integration, that is ECSE, Britain kept his distance, didn’t join the institution as he felt it wouldn’t bring any benefit compared to its transatlantic and Commonwealth relations. The absence of the United Kingdom constituted a main political problem for the EEC, for which the following reasons can give an explanation: ? The commercial, political and sentimental bonds with the former colonies that were integrated in the Commonwealth were very important for the British. ? The British were against a customs union, though the British government defended the establishment of a free trade area, where internal customs were abolished but the national governments could maintain their competences to enact their own tariffs in case of third countries. ? Britain also opposed the idea of a project whose aim was to give up the sovereignty of national states and surrender to supranational European institutions. The OEEC countries with the leadership of Great Britain in January 1960, who didn’t belong to EEC, formed an alternative association, the European Free Trade Association (EFTA), which remained solely at the level of economic cooperation. However, Britain soon discovered that the newly formed association of the Six (EEC) was more successful economically than the EFTA and decided to apply for membership. Britain’s first application happened under the premiership of Harold McMillan, who was in favour of joining the EEC. The negotiations started in 1961 and a provisional agreement was reached in July 1962. However, Britain’s membership was vetoed by the French president, de Gaulle, in January 1963. The official explanation for his veto was that Britain was not European in thinking, that is he couldn’t break away form the Commonwealth and accept the terms of the Common Agricultural Policy (CAP). His unfavourable decision could have been shaped by his relationship with Winston Churchill. At first there was mutual esteem between the two of them based on a different perception of the other, which was due to their culture and their respective situations. Churchill was familiar with French history and had great admiration for it while de Gaulle’s education didn’t incline him towards friendship with the British. Nonetheless, he acknowledged Churchill’s great political and diplomatic experience. The relationship between them had been on a even keel until 1941 when a number of external factors and in particular the entry of the USA into war created tension on their relationship. De Gaulle became extremely sensitive to any Allied interference, especially in France’s colonial empire. The entry of the USA as a powerful ally into World War II also worsened the situation in that that president Roosevelt continued considering France a defeated nation and looking upon de Gaulle as an arrogant, dangerous, blundering adventurer who in no way represented the French. Even Churchill was unable to make Roosevelt change his opinion of de Gaulle and resigned himself to following his political guidelines at the expense of a a closer alliance of Free France and event at the cost of his friendship with the General. In his memoir â€Å" The call of Honour (1955) de Gaulle wrote about this situation that†¦ †Churchill had made for himself a rule to do nothing important except in agreement with Roosevelt. Though he felt †¦the awkwardness of Washington’s methods, though he found it hard to bear the condition of subordination in which United States aid placed the British Empire†¦, Churchill had decided †¦ to bow to the imperious necessity of the American alliance.† Disagreements began to emerge between them especially after two incidents, which ere provide by Allied landing on French soil on both occasions de Gaulle/French were not informed nor included in the operations. These occasional disagreements could also have added to the factors, which influenced him in his negative attitude towards British accession. In may 1943 in a top secret telegram to his ministers from Washington, Churchill said about de Gaulle that â€Å"†he hates England and has left a trail of Anglophobia behind him everywhere† When vetoing Britain’s entry, de Gaulle said that Britain was not European minded enough to break away from the Commonwealth and accept CAP. The other reason included Britain’s close relationship with the US in terms of defence and fear of increasing American influence in case of British interference with European affairs. As for de Gaulle’s ideas of a union, he wished for a Europe without the United States, outside a transatlantic framework. He also had great power aspiration, a concept of a triumvirate (US, GB,F) with nuclear weapons, which idea however wasn’t favoured by the US. When first declining Britain’s request to be member of the EEC, de Gaulle refused this idea of â€Å"Atlantic† Europe. Britain’s second application occurred when Harold Wilson was the Prime Minister. He said in 1966 that now Britain was ready to apply for EEC membership in case certain British interests were secured. The next year saw the beginning of negotiations, however de Gaulle used his veto right again. The official explanation was that Britain was not strong economically and needed to improve before its acceptance but he actually feared the American influence would be felt in European matters. Only after de Gaulle’s resignation because of home affairs opened up the possibility for Britain to join the EEC, which occurred in 1973. Research Papers on De Gaulle’s veto to British accession to EECAssess the importance of Nationalism 1815-1850 EuropeAppeasement Policy Towards the Outbreak of World War 2Definition of Export QuotasPETSTEL analysis of IndiaBringing Democracy to AfricaQuebec and CanadaTwilight of the UAWThe Effects of Illegal ImmigrationInfluences of Socio-Economic Status of Married MalesCapital Punishment