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.