Nix V. Williams

Case Citation:Nix v. Williams – 467 U. S. 431 (1984) Facts: In 1968, 10 year old Pamela Powers was abducted and murdered outside of the YMCA in Des Moines, Iowa. A young boy claimed to have seen Williams, outside the YMCA carrying a bundle wrapped in a blanket with two white legs hanging out. The following day Williams, car was spotted approximately 160 miles outside of Des Moines. Additionally, several of the young girls clothing items were found. ; Along with Williams and with the blanket as described by the witness.Based upon these findings, a warrant was issued for Williams’ arrest. While a search was under way, Williams surrendered to the Davenport police, and obtained counsel. Des Moines police advised Williams counsel that they would not question him while transporting him back to Des Moines. However during transport, one of the officers began a conversation with Williams, and urged him to tell them where the body was located, so she could have a â€Å"proper Ch ristian burial. Williams conceded, and directed them to the girl’s body, which was over two miles from the closest search team. Procedural History: Williams filed a motion to suppress the evidence of the body, because it was obtained as fruit of an unlawful interrogation. The court denied this motion, and Williams was subsequently convicted by a jury of first degree murder. The trial court denied the motion, and a jury convicted Williams of first-degree murder.Williams’s state appeal was affirmed by The Iowa Supreme Court. Williams then petitioned the United States District Court for the Southern District of Iowa for a writ of habeas corpus, and the court reversed the conviction. The court held that the evidence should have been suppressed. During Williams’ second trial, the prosecution did not offer evidence of the interrogation; however evidence was presented in regards to the condition of the victims body.The trial court allowed this evidence, and concluded t hat the prosecution had shown by a preponderance of the evidence that the victim’s body would have been discovered without Williams’ help. Williams was again convicted by a second jury and sentenced to life in prison. Upon another appeal, the Supreme Court of Iowa affirmed the conviction and the U. S. District Court denied habeas corpus relief. The U. S. Court of Appeals reversed the district court's denial of habeas corpus. The matter then came up before the Supreme Court in certiorari.Issue: Should illegally obtained evidence become admissible in state court if it would have been ultimately discovered by lawful means? Holding: Yes. Evidence that is obtained through unlawful police conduct that would have been discovered inevitably during the course of an investigation does not have to be excluded from trial Reasoning: Justice Burger wrote the decision of the Court, joined by Justice White, Justice Blackmun, Justice Powell, Justice Rehnquist and Justice O’Conno r, and reversed the decision of the appellant court. 1. The Inevitable Discovery Rule If the prosecution is able to establish through a preponderance of evidence that the information ultimately would have been discovered lawfully, then the evidence should be allowed. It was inevitable that the body would have been found. If Williams had not led the police to the victim’s body, the search teams would have eventually discovered the body. The body was located only 2 and half miles away from where the nearest search team originally started looking. 2. ) Exclusion would not result in fairness.Evidence has demonstrated that at the time of unconstitutional interrogation, a search was already in place for the victim, and the body would have inevitably been found. This means had there not be illegal conduct by the police officers, the fairness of the trial would have remained the same. 3. ) Absence of bad faith is not required The justices held that in order to establish the admissibi lity of evidence, the prosecution does not need to carry the burden of proving the absence of bad faith to secure the evidenceConcurrence: Justices White concurred with the holdings, but added that the police officer's action was not unlawful or unconstitutional Justice Stevens, concurred with the holding, however advised that the police officer’s conduct was unconstitutional however because the body would have been discovered anyway the prosecution should be held harmless. Dissent: Justices Brennan and Marshall both dissented stating that though the inevitable discovery doctrine is constitution, the prosecution had the burden of prove that the evidence would have been discovered if an ndependent investigation were allowed to be proceed. Comments: This case resulted in the creation of the Inevitable Discovery Doctrine. However I believe that it undermines the â€Å"fruit of the poisonous tree† doctrine, and enable law enforcement misconduct. The justices stated that th e evidence supports that body would have been found with or without a confession. One might argue that a correctional officer can beat an inmate that is on death penalty to death, because he was going to be killed by the state anyway.

A Misconception Punishment of Oedipus King of Thebes

In many plays a character could have a misconception of his or her world. In return this could destroy a major turning point in the story. â€Å"Oedipus Rex† by Sophocles is one of such story. At the end of the story Oedipus King of Thebes ends up banished forever from his kingdom. Additionally, Oedipus physically puts out his own eyes, for several reasons which will be discussed later. The question is: Did Oedipus deserve his punishments? There are many factors that must be considered in answering this, including how Oedipus himself felt about this situation. His blinding was as much symbolic as it was physical pain. After all factors have been considered, I think that only Oedipus’ banishment was the necessary punishment. It is important to keep in mind the whole basic reasoning for Oedipus' search for Laios' killers: he wished to put an end to a deadly plague, and that plague would only be stopped when said murderer is killed, or driven from the land (Sophocles 723). Consequently, when it is revealed that Oedipus himself murdered Laios, then banishment seems to be the only option. Death, in my mind, is not valid simply because of what it might do to the kingdom's people. Even though it seems that Oedipus has not been a particularly good monarch, in fact his only major accomplishment seems to be killing the Sphinx all those years ago; having a king put to death could have serious repercussions on the rest of the kingdom. So in the end, the only way to cure the affliction and keep the kingdom stable seems to be the banishment of Oedipus. In this case, the question of whether or not he deserved to be punished seems irrelevant; Oedipus' only goal was to stop the problem and by leaving, he has accomplished that goal. Banishment was the only choice. But what exactly was Oedipus being punished for? Even after re- reading the play, this still seems to be a gray area. Incest? Immoral to be sure, but Oedipus was obviously ignorant to his actions, and to my knowledge in Sophoclean times, there was no written law against it and therefore no punishment for it (â€Å"The Three Goddesses†4). Oedipus' punishment may have been for killing Laios, but how could you punish someone for being a victim of fate? Greeks believed at the time of the play's writing that a man's life was â€Å"woven† by the 3 fates (Clotho, Lachesis, and Atropos) and that he was irrevocably bound to that destiny (â€Å"The Three Goddesses† 2) . Knowing this and knowing that Oedipus became king of Thebes only because it was his destiny to murder Laios and kill the Sphinx, how could he rightfully be punished? Even Oedipus himself knows that his actions are not by choice, but by acts of the gods, he mentions this twice in the play: â€Å"Some savage power has brought this down upon my head† (745). As well as â€Å"My god, my god — what have you planned to do to me? † (755) Such quotes clearly show that Oedipus knew that he had no choice in his actions. With this approach alone, Oedipus is undeserving of any set punishments. Oedipus may not have been a particularly good man, but in the end he knew what was best for his kingdom: â€Å"Out of this kingdom cast me with all speed† (757) †¦ or only that would save his problems. Was that Oedipus' only punishment the play might have been quite a bit simpler, but Oedipus vigorously stabs his own eyes with Jocasta's dress pins. This was Oedipus' way of trying to punish himself, as well as an escape for him. Oedipus would no longer stare upon the faces of his issues, his brother (uncle? ) Kreon or even those of his children. He is plunged into a world of darkness. It must be noted that this was more than a simply punishment, though I'm sure that it was one of the ways Oedipus intended it. The physical pain alone seems to prove that. There are much easier ways of becoming blind to the world than stabbing one's eyes out. As I have stated before, Oedipus was blinded by his foolish pride long before the beginning of the story. He only realized the truth behind Laios' murder when it was right in front of his nose. He was by no means stupid, in fact he came off as quite a clever man, but his was a world of blindness because of pride and power. After concentrating on the two most obvious of Oedipus' punishments, but there is another one that may not seem so clear. Keeping in mind that Sophocles made it very clear that Oedipus was a man of so much pride that he may have thought of himself to be related to a god. However Oedipus basically stripped of that pride at the end of the play, then the true punishment was revealed. Oedipus' life was based on pride. It was what led him to the murder of Laios, which in turn led to the killing of the Sphinx, then led to his becoming king. As he continues on his particular way of life, Oedipus becomes more and more powerful, and as such, his pride also increases proportionately. He threatens both Teiresias and Kreon, and tries to untangle the mystery of Laios' death. What must go on inside his min d when he finds out that not only did he murder his father, the king, but he also slept with his mother? Knowing full well that his kingdom would eventually find out his acts, how could he hold his head up when walking through the city streets? How could his people respect and look up to a king who was a murderer and an incest committer? Oedipus is therefore stripped of his pride, the driving force behind his whole personality. He has been crushed, and that which he had so much of before has been denied him. Where he was once at one extreme, he is now at the other. To take away the very thing that drives a man is worse than any physical pain or even death itself. That is truly, as Sophocles intended it, Oedipus' ultimate punishment. When the curtain falls and the lights go out on Oedipus Rex, the king's punishments total three. Though in my mind at least, one far outweighs the other two, they are all important and they all contribute to the total experience of the Greek tragedy. In the end, I do not feel that Oedipus truly deserves the punishments he is handed, but that is only because of the fact that I place myself in the time period that this was written in, using the beliefs of that time for my own. If this story took place in modern times, Oedipus certainly would have deserved his punishment, but this idea is irrelevant because, quite simply, this did not take place in our â€Å"advanced† civilization. Oedipus was a victim of fate, incapable of free will, and as such he should have not been punished, save banishment only to cure the affliction.

Photography Analysis Essay Example | Topics and Well Written Essays - 500 words

Photography Analysis - Essay Example The stadium seems very bright on the white background of the sky, and the attention of the viewer is drawn to the smoke and fire around it. The man seems to be just a black figure whose pose, lack of clothes and weapon reveal native Brazilian. The viewer may ask himself what the man is thinking about while he is watching the stadium burning. The moment seems to be filled with tension and some kind of desperation. The photo looks a bit absurd: there is no logical reason for fighting against modernity with an old and ineffective weapon such as bow; however, it is that absurd that shows the situation clearly. The man on the photo drops his bow understanding that he has no power; however he just still does not know how to fight with this new phenomenon. I think it does not mean that he gives up, the atmosphere of resistance is felt in the air. After close examination, I have also noticed that a tree in front of the stadium becomes an important component of the photo regardless of photographer`s planning it or not. Natural scenery with trees and the native Brazilian with an archaic bow make the stadium look even more alien and redundant. As the conflict is also connected to the lands demarcation, this piece of nature reminds the viewer of opposition between the urban building and lands preservation. Such composition allows the viewer to see the situation with the eyes of a simple passerby as if occasionally. The viewer is placed in the center of the photo on the same eye level with the photographer.

Joural 4 Essay Example | Topics and Well Written Essays - 750 words

Joural 4 - Essay Example This film is a black feature film consisting of a vast cast. The main character is of Zeke (Daniel L. Haynes) and Chick, (Nina McKinney). The most important feature of this film lies on the fact that it consists of the first American African cast showing few element of prejudice against blacks that they are uneducated, and unethical individuals, but the narration of the film supersedes these negative features because the cinematography and music was widely appreciated by all. As it was first African American film, it posed as a risky release and thus, it was not made to release in all the states though the main motive behind Vidor’s creation was to instill awareness among youth and reduce the stereotyped mindsets regarding blacks. This film was included in National Film Preservation Board in 2008. â€Å"Hellelujah† was musical which Vidor directed. The film had significant features of black entertainment that represented the low classes of Blacks of that era. In terms of visual aspects, it was portrayed remarkably as Vidor experimented in the film; it was screened in Tennessee and Arkansas, where there was no interruption from new formed sound engineers at that time. There were other amazing attributes in the film; for instance, camera fluidity that showed through the sequences in the film, they was a first shot, and then the sound was added in the sequence. Moreover, though in that era, it was difficult to retain shots but Vidor was able to depict soft images of fields, the sequence of church meeting and the scene of the swamps were all portrayed beautifully. These scenes of cotton processing where there were paddle wheel sequences have a profound impact on the audience. It also has some kind of documentary feel to the film even though it has a narrative story line. The Actress, Nina Mae Mckinnney’s role is carried out with perfection even though she was very young, about 16 years old at that time when the

Management information systems Essay Example | Topics and Well Written Essays - 250 words

Management information systems - Essay Example The external identities are outside the applications, but interact with it to facilitate the entire process. For example, Kitchen is a significant for the external identity in the design since it represents the source of food to be ordered. In order to make ideal the food ordering process, there must be customers who make orders. Customers are represented as external identities in the design (Oz 65). The restaurant has to be managed; therefore, the manager identity is also represented as an external identity. From the food ordering system, certain data elements are represented in data flows. Food order is the information represented in the data flow from the main system to the kitchen. From the customer identity, another data flow represents the customer’s order while the center of the process has to produce a receipt back to the customer. After the entire process, the management report is taken to the restaurant manager. This is represented in a data flow which contains the reports directed to the restaurant manager. The entire design is a simple representation of a food ordering system in a

Global Warming Essay Example | Topics and Well Written Essays - 1750 words

Global Warming - Essay Example In addition, the claim is criticized by the argument that undoubtedly, the weather was coldest as compared to the previous trend in that region; still it was not the coldest if an overall picture of Earth’s climate is considered (NCDC, Climate of 2004, 2004). The coldest region of the Northeastern US still did not break records of the previous record low temperatures which the region went through in the winters of 1986. Thus the claim made by the critics of global warming is not rational. (NCDC, Climate of 2004, 2004). On the other hand, the heat waves observed in Europe were record breaking of the highest temperatures ever experienced. Global Warming is affecting the temperature of the Earth and society needs to understand that we must act now to prevent the end of humanity. A divided hypothesis has been created regarding the effects of global warming and if global warming is a myth or a reality. This assignment would further revolve around this issue and give views as to whi ch side of the scientists comes up with a strong hypothesis regarding global warming. DISCUSSION "All across the world, in every kind of environment and region known to man, increasingly dangerous weather patterns and devastating storms are abruptly putting an end to the long-running debate over whether or not climate change is real. Not only is it real, it's here, and its effects are giving rise to a frighteningly new global phenomenon: the man-made natural disaster" (Barak Obama). There are two differing views about the existence and causes of Global Warming. One group usually links it to the actions committed by the human beings themselves (Matthew et al., 2009). However others strongly believe that nature plays a role in creating the problem of global warming (Abrahamson, 1989). The arguments presented by both groups carry importance and without any doubt, these arguments are leading to more and more researches which are beneficial for knowledge and new theories. The study of Ea rth and its climate is of immense importance and beyond any doubt the reason for such extreme climatic changes should be known. In order to evaluate the reasons behind the changing climate of the Earth, the studies regarding global warming and the arguments against it are helpful. Regardless of all the arguments presented, I believe that humans contribute to the climatic changes and extreme weather conditions. The increased CO2 levels and rising temperature do have a link. The link between greenhouse effect and global warming are valid as put down by one set of the researchers (Weitzman 2007). A study suggests that global warming affects the farmland values. The cropland model used by the author suggests that the warming climate and temperature results in a loss of 4 to 5 percent of the gross farm value (Mendelsohn et al., 1994). Cunningham and Cunningham suggest that reduction in soot produced by diesel engines, coal-fired generators, forest fires and wood stoves may help in curbin g and decrease in the issue of global warming by nearly 40% within a period of 3-5 years (Cunningham & Cunningham 2010). Although the studies and climatic researches are not invalid and the continuous debate over this topic does carry an important place in the Earth’s study. According to my point of view, it is not valid to judge the climatic change just by examining or considering the weather patterns of a small region. Global warming does not

The Big Weight Dilemma Term Paper Example | Topics and Well Written Essays - 750 words

The Big Weight Dilemma - Term Paper Example A person is considered obese when the BMI measurement is 30 or more (Solomon, Berg and Martin, 2004, p. 892). Obesity is an acute case of malnutrition. And that it occurs when there is an increase in the size of fat cells or when there is an increase in the number of fat cells, or both. (Salomon, Berg and Martin, p. 892) There are numerous scholarly work and medical research that explain the causes and dynamics behind the problem. For instance, some studies suggest how obesity can be genetically inherited. However, the most widely recognized cause is primarily overeating and the sheer amount of fatty food intake that accumulates during childhood and in many cases until the adult life. There are also experts who point to the role played by social and lifestyle factors because of the patterns of food consumption and the physical activity level prevalent in a particular society. (Mooney, Knox and Schacht, 2010, p. 41). This is the reason why obesity is most pronounced in affluent countr ies. In lower income countries, the incidence of obesity is concentrated in urban areas and in people belonging to higher class (UK 2004, p. 48). Health Risk Obesity is a health problem and it is a cause of concern. This is because this health condition increases the risk for several illnesses such as diabetes, several types of cancer, heart disease, hypertension, arthritis, asthma and other health problems. The World Health Organization reported that it is included in the top 19 health problems and that it contributes to about 300,000 deaths annually in the United States alone (Salomon, Berg and Martin, p. 892). A recent study suggested that obesity will shorten the average life expectancy of people by at least two to five years over the next fifty years, reversing the mostly steady increase in life expectancy that has occurred over the past two centuries (Money, Knox and Schacht, p. 40). Now these are disturbing because statistics depict an increasing trend in America. The latest figures released by the government show that more than 66 percent of American adults age 20 and older are overweight and 32 percent are obese (Hoeger and Hoeger, 2009, p. 149). From 2007 to 2008, it was revealed that at least 17 percent of the US children and adolescents are obese, which is roughly 12.5 million: 10.4 percent of 2-5 year-olds, 19.6 percent of 6-11 year-olds and 18.1 of 12-19 year-olds (O’Dea and Eriksen, 2010, p. 86). In addition to the health risk factors, obesity can also take its toll on the healthcare spending in the United States. By 2018, it is estimated that the medical cost associated with obesity will rise to about $344 billion or about 22 percent of the gross domestic product of the United States. This variable is particularly important especially that the overall cost of health care today is increasingly becoming less accessible to people. Conclusion Having, clearly identified the cause for the high incidence of obesity in America, one could say tha t it is easy to design interventions and solutions in order to deal with the problem. However, experts do not see the trend getting reversed anytime soon. I thin this is because solutions entail lifestyle changes, which is difficult for people to undertake. Also, obesity is widely seen as merely an indirect precursor to many health problems that is why people are taking

Chicano film Essay Example | Topics and Well Written Essays - 2500 words

Chicano film - Essay Example Besides, the film Maria Full of Grace by Joshua Marston, an American film director deals with the cruelties of Columbian mafia. Thesis statement: Evaluation of the films- The Official Story, Like Water for Chocolate and Maria Full of Grace to unearth the socio-political influence on individual freedom. When one consider the purpose of a film, the mindset of the director towards his/her society gains due importance. In the film The Official Story by Luis Puenzo, the aim/purpose of the director is to unveil the crimes committed by despotic military regime in Argentina. Alberto Elana and Maria Diaz Lopez quote Jorge Abel Martin to illustrate the film’s importance as it portrays human life like a huge mirror which is capable to reflect thousands of faces in it (Elana and Lopez 182). The director’s aim is to force the viewers to identify their own emotions with that of the female characters in the film. The return of democratic system in 1983 opened a new phase of freedom to writers and directors in Argentina. The directors began to use cinema as a medium to express their views on the issues when Argentina was under military rule. So, the purpose of this film is to create awareness among mass about the recent history of Argentina. But on the other side, the purpose/ aim of the director of the film Like Water for Chocolate is to attract the attention of the viewers towards the inevitable change in the Mexican society and its attitude towards womenfolk. For instance, the female character Tita de la Garza is forced to stay unmarried due to the tradition of de la Garza family which does not allow the youngest daughter to lead a married life. Instead, Tita is forced to stay at her home and to take care of her family. This inhuman attitude supported by the tradition crush her love affair with Pedro. So, one can easily identify that the purpose of the film Like Water for

How Was Christianity Effective Spiritually to African Slaves When They Essay

How Was Christianity Effective Spiritually to African Slaves When They Were Forced Into Slavery - Essay Example ery being the darkest and most excruciating as they must have been too the period that drew the best abilities and most noble of traits among the race, a look into their spirituality during those periods must be a whole enlightening exercise that should provide truly relevant references for our present situations. This paper shall be specific to the Christian Spirituality of the African slaves during the Atlantic Slave Trade era between the 16th and the 19th century. Christianity was first introduced in West Africa by the Portuguese in the sixteenth century. I have no source to indicate the extent of Christian conversions in the western coasts of Africa by the 1700’s . But that side of Africa having had trade relations with Europeans already at those times, notably with the Spaniards, the Portuguese and the Dutch, there must have been some extent of evangelization going on by those times. In the book From Slavery to Freedom, author John Hope Franklyn mentions resistance of the native Africans to the Christian Faith as the bearers of the teachings were associated with the institutions of the slave trade to the New World. "It was a strange religion, this Christianity," he wrote, "which taught equality and brotherhood and at the same time introduced on a large scale the practice of tearing people from their homes and transporting them to a distant land to become slaves." Compounding this local resistance is the deliberate and methodic eradic ation of the Africans’ identity in the slave trade. Folk religions, as were the African traditional beliefs and cultures, even their languages, were being systematically suppressed to deter organized resistance. â€Å"Slaves in the eighteenth century came from various African societies, cultures and nations, such as the Ibo, Ashanti and Yoruba on the West African Coast. Consequently, slaves from differing ethnic groups displayed little commonalities. Africans were black, but did not experience a homogenous existence they shared

Phase 2 Individual Project Essay Example for Free

Phase 2 Individual Project Essay There are many businesses that have expanded their business internationally in order to benefit in some sort of way rather it revenue or a better market for their product. In this thesis, I will research a multination company and its international strategy over the last 10 years. I will elaborate on it international orientation and rather it etho-, poly-, or geocentric. I than explain why the company decided on expanding to the chosen locations. Then I will clarify if they had core capability to succeed in those markets, along with its opportunities and constraints. Last, I will define value chain dispersal and integration strategy and describe the strategy that’s organized around it. I chose to research McDonalds, because it is one of the most successful restaurant chains around the world. They use effective management to strategize global expansion. . They develop effective customer brand loyalty through their Human Resource Department and company personnel. McDonald’s international orientation has ethnocentric and polycentric approaches. Its ethnocentric approach begins with how they initially entered international markets by leveraging standardized product offerings, clean and bright environments, and American brand equity (McDonald’s Success Strategy and Global Expansion through Customer and Brand Loyalty). But with changing times McDonalds have adapted to local regions remodeling it retail space and while changing product line to appeal to local taste. By the golden arch being connected to American culture, it can be at risk in other countries by not staying true to what McDonald’s stand for. By brushing aside ethnocentric considerations , it could be an identity lost. The polycentric approach is how they provided growth and employment to a vast  number of minority groups in the United States and people around the globe. McDonalds is culturally connected around the world be providing business training for employees in Hong Kong and in the UK offering 1800 to employees to continue their education, just to name a few. The influence and most of McDonald’s success is the investment of significant in their employee’s growth and job satisfaction. McDonalds was founded in 1943, and 1967 British Colombia was its first international expansion, advertising to middle and upper class. McDonalds decided to expand internationally, due to the enormous success in America. There was heavy research involved in the expansion. Through globalization and internationalization, McDonalds were able to develop marketing strategies according to cultural needs, to serve specific target markets. McDonalds enter India’s foreign market and 1996 and is a to ugh foreign market to enter, but with McDonald’s success they were able to earn high revenue in India. The success strategy is researching and the development of food. McDonalds thoroughly analyzed the preferred taste, especially to not offend locals. Their key to success is to â€Å"think global, act local.† Furthermore, McDonald’s is a true franchise success; the success of McDonald’s goes back to its roots, the start. By being consistent and providing quality service, cleanliness, and values at all times, customers have nothing to complain about and customers always know what to expect locally and internationally. With making things new and fresh, innovation is a key component to the success internationally. By taking the necessary steps and observing differences in cultures, they were able to tweak their products without causing disruption. Also, McDonalds turns bad into success, by being in the forefront of environmental issues McDonalds took their issues and established their own Global Environmental committee and outlined the steps to reduce solid waste. Ov er the years there has been much global health concern, mainly in relation to children. In response to the concerns, McDonald’s formed the Global Advisory Council (GAC) in 2004. The GAC is an international team of independent experts assembled by McDonalds to provide us with professional guidance in the areas of nutrition and childrens well-being (The Success of McDonald’s Franchise). Finally, what is value chain dispersal and integration strategy? Value chain dispersal is how a business receives information and takes the information to add value to their business in the selling of their product to customers.  Value chains can produce goods or services. The goal of the business to produces maximum value for the least total cost. Integration strategy is use in the training of management and employees, reduce in-effective communication, and reduce cost. The international strategy that is organized around value chain dispersal and integration strategy involving McDonald’s, is that they know their strengths and weaknesses. Adding values strengthens the corporations as a global economy, where the weaknesses are transformed into a positive factor. These projects take effective management. Effective in management in turn can produce great employees, in which they can effectively communicate and execute the mission and statement. In conclusion, it was very informing to research a franchise success, such as McDonald’s. What is even more intriguing is their success locally and internationally and how they cater to different cultures, by researching needs and wants. McDonald’s knows what takes to be a huge success is and success takes brain-storming, along with talent. Reference McDonald’s Success Strategy And Global Expansion Through Customer And Brand Loyalty. The Clute Institute Journal Of Business Case Studies, 3. Retrieved from http://journals.cluteonline.com/index.php/JBCS/article/view/4857/4949 McDonald’s International Strategy: Squander Brand Equity? (2009). Retrieved from http://www.sundarganapathy.com/blog/2009/04/20/mcdonalds-international-strategy-squander-brand-equity/ Roger, Arvind, Kashlak, Rabi, Bhagat, Phatak (2009). International Management: Managing in a Diverse and Dynamic Global Environment (2nd ed.). [Course Smart Solutions]. Retrieved from http://wow.coursesmart.com/9780077674113/?CSTenantKey=coloradotechspid= The Success of McDonald’s Franchise. (n.d.). Retrieved from http://www.franchisedirect.com/information/trendsfacts/thesuccessofmcdonalds/8/1111/#note4

Effect of the CDM Regulations on Accident Statistics

Effect of the CDM Regulations on Accident Statistics The Effect of the Cdm Regulations on Accident Statistics within the UK The implementation of the CDM regulations under the CDM Co-ordinators. Abstract Health and safety in the construction industry has experienced considerable research over the last few decades in order to reduce the number of injuries and fatalities within the construction industry. Health and safety practices such as the HSC that introduced the CDM regulations in 1994 and the current revised regulations introduced in 2007 are perceived to provide numerous benefits in maintaining a safer industry. With approximately 7%-8% of employment within the UK involved in the construction industry and an estimated 8% of the UK’s GDP it is important to do so. There is a growing importance due to the high rate of employment in the construction industry to provide a detailed set of safety regulations known as the CDM regulations that everyone involved with construction must follow. As a result of this many organisations such as the HSC, have initiated targets to ensure that the health and safety on sites improves dramatically, and to encourage the government to formulate official targets to reduce the number of fatalities and injuries by a certain date. However, although the CDM regulations 1994 did have a positive effect on the health and safety in the industry there was still areas of concern within the regulations that professionals were unsure of who carried out different roles and the fact that the rate of fatalities and injuries was not decreasing significantly enough, this was the reason for the review of the CDM regulations 1994 and the implementation of the new CDM regulations 2007 which is designed to provide a clearer background into construction HS. Using a sample group methodology, and acknowledging specifically the principal contractor, this study aims to assess whether the HSC can achieve its aim of reducing the number of fatalities and injuries by 10% in the UK by 2010 and ultimately assess whether or not the CDM regulations make a significant difference to HS statistics. This will be reviewed by looking at the implementation techniques used by the PC’s on site and develop a framework to provide the best techn ique in which to do so. Chapter One: Introduction This chapter introduces the principal aim of the study, in addition to the proposed objectives and research questions. Introduction The construction industry has had HS regulations in place known as the CDM regulations for a number of years now which have recently been renewed. The CDM regulations have application to a majority of construction projects undertaken in the UK which provide the industry with specific standards involving HS that are considered acceptable to the government and alternatively, to the construction worker. The latest regulations represent an important trend towards the paternalistic intervention of the government in relation to health and safety. Historically, the ambit of health and safety on site was left to the individual company; this was due to the requirements of the Conservative governments, and if things went wrong it was up to the individual to cope. This tendency has developed during the twentieth century with great attention in recent years of government focus in developing the HS of the construction worker. 2.2 million (1 in 14) People work in Britain’s construction industry, making it the country’s biggest industry, but it accounts for 16% of major accidents and 25% of fatal injuries. It is has also been acknowledged that for a number of years in the UK it has been one of the most dangerous industries to be employed in. In the last 25 years, over 2,800 people have died from injuries they received as a result of construction work. Many more have been injured or made ill. HSE deals with all aspects of construction work in England, Scotland and Wales. In 2006-2007 alone there were 77 fatal injuries to workers in the construction industry, this was a 28% increase to the 59 in 2005-2006. The 77 fatalities in the construction industry during 2006-2007 accounted for 32% of all worker deaths. The rate of fatal injury to workers per hundred thousand rose to 3.7 in 2006-2007 compared to that of 3.0 in 2005-2006. In providing these statistics relatively closely to the date the fatality occurred, this means many cases are still under investigation. Consequently, these figures are highly provisional, and may be subject to revision as more relevant information becomes available. * The term Workers includes employees and the self-employed combined. RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) is the primary determinant as to whether a fatal accident is included in these figures or not. Improvements regarding the Health and Safety in the construction industry are urgently needed as it remains a disproportionately dangerous industry which is important not only for the people involved in the industry but also for the expected 2-3% growth within the next 5 years. The improvements require significant and permanent changes in duty holder attitudes and behaviour. Since the original CDM Regulations were introduced in 1994, concerns were raised that their complexity and the bureaucratic approach of many duty holders frustrated the Regulations’ underlying health and safety objectives. These views were supported by an industry-wide consultation in 2002 which resulted in the decision to revise the Regulations. The new CDM 2007 Regulations revise and bring together the CDM Regulations 1994 and the Construction (Health Safety and Welfare) Regulations 1996 into a single regulatory package known as the CDM regulations 2007. The health and safety process has always been a much talked about topic within England and Wales every since the first CDM regulations were launched in 1994. The need to reform this process has been highlighted by research carried out by the health and safety executive which shows that there is need for improvement in the implementation of these regulations which is the main reason for the introduction of the CDM regulations 2007. The research shows that: These have been developed in close consultation with construction industry stakeholders. The proposal for the CDM 2007 aims to: simplify the Regulations to improve clarity and make it easier for everyone to know what is expected of them; maximise their flexibility to fit with the vast range of contractual arrangements; focus on planning and management, rather than the plan and other paperwork; encourage co-ordination and co-operation, particularly between designers and contractors; and Simplify the assessment of the competence of organisation. The Approved Code of Practice (ACoP) has special legal status and gives practical advice for all those involved in construction work. If you follow the advice in the ACoP you will be doing enough to comply with the law in respect of those specific matters on which it gives advice. The ACoP which includes a copy of the CDM regulations explains: The legal duties placed on clients, CDM co-ordinators, designers, principal contractors, contractors, self-employed and workers. The circumstances in which domestic clients do not have duties under CDM 2007 (but that the regulations still apply to those doing work for them). Gives information on the new role of CDM co-ordinator – a key project adviser for clients and responsible for coordinating the arrangements for health and safety during the planning phase of larger and more complex projects. Which construction projects need to be notified to HSE before work starts and gives information on how this should be done. How to assess the competence of organisations and individuals involved in construction work. How to improve co-operation and co-ordination between all those involved in the construction project and with the workforce. What essential information needs to be recorded in construction health and safety plans and files, as well as what shouldn’t be included. Rationale for the Research The subject of this dissertation developed from a personal interest in the Health and Safety aspect of the construction industry and the significant research within the industry on how to minimise the injuries and fatalities on site. Most of this research has concentrated on the best ways to improve the implementation process of the CDM regulations 2007, whether the changes are necessary from the CDM regulations 1994 and in terms of whether these changes have brought about the desired results and effect on the industry that it intended I.e. have the CDM regulations brought about an improvement in the safety of site work with regards to a clearer, faster and easier process of implementation. Having looked at a wide range of literature and internet sites on the CDM regulations it is clear to me that there was evidence that the introduction of the CDM regulations was regarded by professionals as advantageous to the industry, however there are certain people that believe it has been less effective than it should have been on the industry. Although people have highlighted problems with the CDM regulations it is definitely an introduction by the government that is here to stay. This consideration has led me to undertake research into whether the new legislation has been implemented successfully and whether the changes are necessary. This was implemented under the research title; the implementation of the CDM regulations under the CDM co-ordinators. The CDM regulations have the potential to make a significant impact on the industry with regards to health and safety however it is unrealistic to think that this can be achieved very quickly without encountering any problems in an area which has had much debate regarding this topic. It will take time before the new legislation will be free flowing however improvements in both effectiveness and efficiency can be expected as lessons are learnt. E.g. more home CDM co-ordinators becoming qualified. The following information in this chapter gives further details about the principle objectives for this research topic. Aim As a result the fundamental aim of this study is to determine whether the Health and Safety Commissions aim is achievable and thus, determine whether there is a foreseeable optimistic future for the reduction of accidents within the construction industry. The overall aim of the project is to produce a coherent document which catalogues, in which detail the impacts which the CDM regulations have had upon the construction industry and which encapsulates some original, primary research. Objectives This aim will be investigated through a series of key objectives: To provide an understanding on the CDM regulations, evaluating the need, efficiency and reliability of them; To establish different professions understanding of the CDM regulations; To establish the application of the CDM regulations at both organisational level and implementation of the CDM regulations; To determine whether there is a foreseeable optimistic future for the reduction of accidents within the construction industry; To examine, compare and contrast the perceptions of construction professionals in order to determine whether the number of accidents on construction sites are likely to significantly decrease in the next five years; To assess whether the construction professionals are sufficiently protected by the CDM regulations and identify any implementing techniques that aid, or otherwise, the CDM regulations. The study will follow with a review of current literature regarding the effectiveness of the CDM regulations, and a description of the methodology used in order to collect and analyse the results of the data collected. The outcome of the findings will be discussed and conclusions will be made incorporating both limitations of the study and recommendations for future research. Outline Research Methodology My research topic has incorporated two research approaches in order to collect information which were the following: secondary data collection and fieldwork research. Secondary data collection This form of research refers to the ‘desk study’’ approach where data is obtained from sources that cite from primary sources. This method had been used to achieve the first, fourth and fifth objectives. These sources will be critically appraised by means of a systematic literature review which will cover textbooks, newspaper articles, research journals, thesis, reports, trade publications, etc. Fieldwork research This form of research refers to the methods of primary data collection which can take the form of a number of practical approaches. This method of research was accomplished to utilise objectives two and three. The selected method for this thesis will be a structured survey approach in the form of personal interviews and a questionnaire. This method was selected as it is the best form of gathering data from a large number of respondents in a relatively short time frame. The interviews and questionnaires will adopt a semi structured format, employing mainly open questions to gather the data. The research method is a way in which the research objective can be questioned and achieved. Throughout my research I will be using a number of core sources of references such as the books, the internet, newspapers, companies, journals and questionnaires in order to carry out my objectives. I will decide upon the most appropriate research strategy which can be carried out in two ways depending on the purpose of the study and the type and availability of the information required. These two methods can be classified as â€Å"Quantitative† and â€Å"Qualitative†. Quantitative research can be defined as â€Å"objective† in nature. It involves the description or analysis of statistical procedures that involves specific measurements of variables to determine whether a theory holds true. Qualitative research on the other hand can be defined as â€Å"subjective† in nature. It does not involve the use of specific variables, but relies on reasons behind various aspe cts of data. It emphasises the means, experiences and different descriptions of topics from different authors points of view. Chapter Two: Literature Review Introduction This chapter is intended to critically appraise issues and statements identified by the literature review and ascertain the industries, practitioners and authors opinions of the progress, implementation and success of the CDM regulations. A wide range of key literature from sources such as research journals, refereed conferences, thesis, textbooks, reports, trade publications and newspaper articles on this research topic were reviewed, analysed and appraised of their strengths and weaknesses. To best demonstrate these perceptions the author has chosen to break the critical appraisal into the following sub-headings; Cost of Implementation, Health and Safety Training, Additional Paperwork, Success of CDM. In doing so, it is anticipated that some individuals connected with the construction industry will be interviewed and their views on the success or failure of the CDM regulations on the construction industry. It is anticipated that these views will be assessed in conjunction with valid information gathered in relation to the CDM regulations and how they have developed within the UK in recent years. There will also be an assessment of how the CDM regulations could be improved upon, and how the project has contributed to this assessment. Chapter Three: CDM Regulations 2007 3.0 CDM Regulations 2007 The new Construction (Design and Management) Regulations were brought into place on the 6th April 2007 in order to consolidate the Construction (Design and Management) Regulations 1994 as well as the Construction (Health, Safety and Welfare) Regulations 1996 into one regulatory package. In order to help achieve the implementation of this new process the supporting guidance for these regulations has been revised with the aid of a new approved code of practice available to assist each professional with their individual duties under the CDM regulations 2007. http://www.martineau-johnson.co.uk/publication_event/updates/CDM%20regulations%202007%20Flyer%20April.pdf It is necessary for all professionals involved in the construction industry to be aware of the new CDM regulations 2007 as they apply to all construction work. The aims of these regulations are to: Improve health and safety within the construction industry; Ensure that there are the right people for the right job at the right time to manage the potential risks on site; To focus on effective planning and managing risk manage the risk not the paperwork. 3.1 The Client A client can be described as an individual or organisation who in the course or furtherance of a business has a construction project carried out by another or himself, this however excludes domestic clients but not domestic premises. A domestic client is someone who lives or will live, in the premises where the work is carried out. The roles of the client under the new CDM regulations 2007 are similar to that of the 1994 regulations however they have been given a higher profile with emphasis on providing the construction team is provided with strong leadership and ensure that the client is responsible for their influence on the HS of people working on, or affected by the project. It is the role of the client under the CDM regulations to appoint a CDM coordinator and a principal contractor on all notifiable projects in order to advise and co-ordinate activities. It is the responsibility of the client to carry out a number of duties on all projects: Must check all appointee’s competence and resources using the ACoP competence criteria; Must also ensure that enough time and resource is provided to allow the project to be delivered safely, what you want, when you want it and on budget; Provide key information to contractors and designers; Ensure everyone involved with the project co-operate and co-ordinate their activities; Establish a competent project team as soon as possible to ensure the project is safe to build, safe to use, safe to maintain and deliver good value; Ensure suitable management arrangements are in place; Ensure adequate welfare facilities are on site; Ensure workplaces are designed correctly which should comply with the WHSW. On all notifiable projects the clients must carry out the above duties as well as: They must appoint a competent CDM Co-ordinator and provide them with key information; They must appoint a competent principal contractor; Ensure that there are suitable welfare facilities provided on site as well as a construction phase health and safety plan has been produced before the construction phase can start; Retain and provide access to the HS file as well as revise it with any new information; It is not the responsibility of the client to audit or supervise the work on site. In order for the client to explain their management arrangements then they may ask their project team or contractors to do this for them. For small projects where contractors employ less than 5 people then demonstrating management arrangements may be in the form of an oral briefing rather than have everything in writing. The client must perform simple checks regularly to ensure their management arrangements are being followed which include there is adequate protection for workers and the public on site, ensuring that there is good co-operation and communication between the contractors and the designers. They must also ask the contractors to confirm that the arrangements they agreed upon have been implemented. 3.2 The Coordinator The person appointed to advise and assist the client on how to comply with the CDM Regulations during the project, and to ensure that suitable arrangements are made and implemented for the co-ordination of health and safety measures during planning and preparation for the construction phase. The CDM coordinators replaced the role of the Planning Supervisor under the CDM regulations 1994 and are only appointed on notifiable contracts but this appointment must be made early. This role has been changed due to the overall consideration that the Planning Supervisor has not been a success with more expectation placed on the new role of the coordinator. The main aim of the coordinator is to act to reduce risks during the construction process rather than to generate unnecessary paperwork. The CDM coordinator has the responsibility to carry out a number of Duties during the project: Advise the client about selecting competent designers and contractors; Help identify what information will be needed by designers and contractors; Co-ordinate the arrangements for health and safety of planning and design work; Ensure that HSE is notified of the project (unless a domestic client); Advise on the suitability of the initial construction phase plan; Prepare a health and safety file (information for the client to enable future cleaning, maintenance and alterations to be carried out safely) You are the key advisor to the client and the catalyst for effective communication and co-ordination throughout the project A CDM coordinators role can be filled by anybody, however they must fulfil the competence requirements given in the ACoP, if no appointment has been made then it is generally the client who will carry out this role. 3.3 The Designer A designers duties under the CDM regulations applies to all construction work including domestic projects as well as non-notifiable ones. A designer can be described as someone that carries out the design process or specifies building work I.e. makes any project related decision, which therefore means there are a wide number of parties that can fall under this profession, such as Design and construction contractors, civil and structural engineers, clients who specify, etc. A designer has the responsibility to carry out their duties on all projects involving construction work. This includes: Making sure that the Client is aware of his duties; Making sure the client is adequately resourced and competent to carry out their own duties such as the health and safety issues that are involved with the design of a project; Provide substantial information about any potential risks that may be associated with the design that can be put in the health and safety file; Coordinating their work with others in order to improve the way potential risks are managed and controlled; Co-operate with others such as CDM Co-ordinators and the Principal Contractor; Avoiding foreseeable risks during the design work for people involved on the current and future uses of the structure. They should also eliminate hazards and risks associated with those hazards that remain. The most important role for a competent designer is to eliminate the hazards and reduce risks. 3.4 The Principal Contractor The changes in the CDM regulations have brought little change to the duties of the principal contractor. An early appointment of a principal contractor by the client is necessary on all notifiable projects. The principal contractor must ensure that everyone they appoint such as sub-contractors as competent. The main aim of the PC is to ensure that the construction phase is properly planned, managed, monitored and resourced. The principal contractor has a number of duties that must be carried out throughput the project: Inform contractors of the minimum time allowed for planning and preparation Provide relevant information to contractors Ensure safe working, co-ordination and co-operation between contractors Construction phase health and safety plan is prepared and implemented Plan needs to set out the organisation and arrangements for managing risk and co-ordinating work Plan should be tailored to the particular project and risks involved Suitable welfare from the start Prepare and enforce site rules as required Give reasonable direction to contractors including client appointed contractors Prevent unauthorised entry Provide plan to those who need it Promptly provide the CDM co-ordinator with information for the file Liaise with CDM co-ordinator in relation to design and design changes Ensure all workers have been provided with suitable health and safety induction, information and training Ensure the workforce is consulted about health and safety matters Display key project information to workers It is not the responsibility of the PC to provide training for workers they do no employ however contractors do. Neither do they have to undertake detailed supervision of contractors work. The construction phase plan must only be filled in with relevant information rather then endless generic paperwork. Other Contractors Sub Contractors are present on all projects not just notifiable ones. They are unable to start work on a construction site until they have obtained the pre construction information necessary from the client or PC. The sub contractors must manage their own work to make sure that their workers are safe as well as ensuring that hey and those they appoint are completely competent and adequately resourced. On all projects they must: Inform any contractor that they engage, of the minimum amount of time they have for planning and preparation Provide their workers (whether employed or self-employed) with any necessary information and training and induction Report anything that they are aware of that is likely to endanger the HS of themselves or others Ensure that any design work they do complies with CDM design duties Comply with the duties for site health and safety Co-operate and co-ordinate with others working on the project Consult the workforce Not begin work unless they have taken reasonable steps to prevent unauthorised access to the site Obtain specialist advice (e.g. from a structural engineer or occupational hygienist) where necessary On notifiable projects they must: Check that a CDM co-ordinator has been appointed and HSE notified before they start work Co-operate with the principal contractor, CDM co-ordinator and others working on the project Tell the principal contractor about risks to others created by their work Comply with any reasonable directions from the principal contractor Work in accordance with the construction phase plan Inform the principal contractor of the identity of any contractor he appoints or engages Inform the principal contractor of any problems with the plan or risks identified during their work that have significant implications for the management of the project Inform the principal contractor about any death, injury, condition or dangerous occurrence Provide information for the health and safety file Chapter Four: Methodology This chapter discusses the different methodological approaches for this study. Detailed accounts of the specific research strategies are also examined, highlighting the methods used to analyse and interpret the data collected. Finally, the location of the study and methodological restrictions are also considered. Comparative data can be collected in various forms, these being experimental, commercial and â€Å"official† data. Experimental data was chosen because it is derived from real life situations, and this was essential giving the fundamental aim of assessing the future of the CDM regulations. Nevertheless, it must be acknowledged that the reliability of experimental data is largely dependant on the willingness and honesty of the professional to participate (Morris et al., 2001). Research Strategies In order to explore the main perceptions and attitudes of principal contractors, a self completition postal questionnaire was decided on rather than a telephone survey or an interview survey primarily because it was Christmas time during the main period of data collection, and so it was assumed many construction workers would be on their Christmas break and would not be available for an interview or present in the office for a telephone inquiry. The idea behind the postal questionnaire was that they could complete it and send it back whenever they had time. Questionnaires are an â€Å"indispensable tool when primary data is required about people, their behaviour, attitudes, opinions and awareness of specific issues†. The questionnaires were enclosed with a self addressed envelope, intending to speed up and ensure the return of the questionnaires. One potential problem with the questionnaires was that they might not be filled out by the right person. Twenty principal contractors were randomly selected from a list of construction companies in the counties of Gloucestershire and Oxfordshire, provided by the yellow pages. Each company was contacted by telephone to explain the basis of the study find out who to send it to, and gain his or her agreement to participate. A tick box at the bottom of every questionnaire gave the farmer the choice of whether or not they wanted to be contacted again, in the hope of setting up a number of interviews. The questionnaire design was of a semi-qualitative design, as the questionnaires incorporated a number of open and closed questions. The closed questions differed between multiple choices, dichotomous, likert, categorical and scaled questions. Although, open questions can be more difficult to understand and are perhaps harder to analyse than closed questions, it was important to include the

UPS Delivers the Goods :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  When Jordan Colletta joined UPS in 1975, fresh out of school and newly married, he wasn’t thinking about building a career. He just wanted some security. Now not only is he still a faithful UPS employee, but the former tracking clerk has come a long way—he’s vice president of the shipper’s e-commerce sales team. His advancement in the company was steady, the result of careful planning though UPS’s career-development program. By putting resources into such programs and helping reps set goals and develop skills, businesses can allow employees to grow within their organizations and reduce turnover rates in the process, as UPS has found: Its turnover rate among full time managers in 4 percent.   Ã‚  Ã‚  Ã‚  Ã‚  Developing salespeople starts with a clear mission. At UPS, employees meet annually with managers to identify their strengths and decide what skills they need for a new job within the company. â€Å" We lay the foundation for future development and map out immediate, midterm, and future goals,† Colletta says. â€Å" When I was a tracing clerk, I told my supervisor that my goal was to became a district sales manager. I then became a driver, then a salesperson, and in 1986 I reached my goal.†   Ã‚  Ã‚  Ã‚  Ã‚  Career development entails implementing training programs and Internet career centers that can help companies grow their staffs. Employees take courses in order to acquire the pedigree that will make them candidates for management positions. But learning isn’t just in the classroom. Mentoring programs in which managers coach lower-level employees are also valuable. â€Å"Mentors are especially important,† Colletta says. â€Å"They help you understand the opportunities that are out there. They helped me see what I couldn’t because I couldn’t look that far ahead yet.†   Ã‚  Ã‚  Ã‚  Ã‚  Progress must be routinely monitored. Employee reviews and 360-degree reports are good ways to track improvement. So is a manager’s involvement. â€Å"Have an open door policy to keep the communication lines open,† he says. UPS Delivers the Goods :: essays research papers   Ã‚  Ã‚  Ã‚  Ã‚  When Jordan Colletta joined UPS in 1975, fresh out of school and newly married, he wasn’t thinking about building a career. He just wanted some security. Now not only is he still a faithful UPS employee, but the former tracking clerk has come a long way—he’s vice president of the shipper’s e-commerce sales team. His advancement in the company was steady, the result of careful planning though UPS’s career-development program. By putting resources into such programs and helping reps set goals and develop skills, businesses can allow employees to grow within their organizations and reduce turnover rates in the process, as UPS has found: Its turnover rate among full time managers in 4 percent.   Ã‚  Ã‚  Ã‚  Ã‚  Developing salespeople starts with a clear mission. At UPS, employees meet annually with managers to identify their strengths and decide what skills they need for a new job within the company. â€Å" We lay the foundation for future development and map out immediate, midterm, and future goals,† Colletta says. â€Å" When I was a tracing clerk, I told my supervisor that my goal was to became a district sales manager. I then became a driver, then a salesperson, and in 1986 I reached my goal.†   Ã‚  Ã‚  Ã‚  Ã‚  Career development entails implementing training programs and Internet career centers that can help companies grow their staffs. Employees take courses in order to acquire the pedigree that will make them candidates for management positions. But learning isn’t just in the classroom. Mentoring programs in which managers coach lower-level employees are also valuable. â€Å"Mentors are especially important,† Colletta says. â€Å"They help you understand the opportunities that are out there. They helped me see what I couldn’t because I couldn’t look that far ahead yet.†   Ã‚  Ã‚  Ã‚  Ã‚  Progress must be routinely monitored. Employee reviews and 360-degree reports are good ways to track improvement. So is a manager’s involvement. â€Å"Have an open door policy to keep the communication lines open,† he says.

Essay --

Gun Control According to â€Å"Capital Punishment, Gun Ownership, and â€Å"Homicide†, it is attempting to answer â€Å"two controversial questions, both related to the problem of interpersonal violence in America.† One of the questions asks if â€Å"the use of the death penalty exert any measurable influence on the rate of homicide in the U.S.?† and the other asks â€Å"what relationship, if any, exists between the level of gun ownership and the level of homicidal violence?† (G. Kleck, 1979) One might ask, â€Å"How do you go about this?† So with that being asked, â€Å"Several issues are examined: (1) the deterrent effect of the death penalty, (2) the relationship between the level of gun ownership and the homicide rate, and (3) the incapacitative effect of imprisonment on the homicide rate.† (G. Kleck, 1979) From my understanding, the appropriate methods were used to support the thesis stated and everything seemed to have made sense. I also believe that the author employed the methods correctly and that there were no errors in the way he conducted the research. Now let’s look to see if the evidence supports ...

Internet Users Turn Addicts :: social issues

Internet Users Turn Addicts On June 14, ABC news reported that an "internet-crazed" Cincinnati woman was arrested for neglecting her three young children. The woman reportedly spent 12 hours straight online, while her hungry kids were locked away in one room so she could be online without interruption. The three kids were placed in county custody while the mother was tossed in jail. The Internet is rapidly becoming an addictive source to a lot of its users. Users of the Internet include students, housewives, and business professionals. Some of these Internet users spend a minimum of thirty-eight hours per week on the "net"; hence, losing touch with reality and reeking havoc on their studies, family lives or careers. Individuals such as these are classified as "Internet Addicts." Based on level of addiction, there are three groups of Internet addicts: i) the "I'm-not-addicted users," ii) the "I-only-use-it-when-I-have-to-users" and iii) the "Internet junkies." The "I'm-not-addicted users" are the users who try to convince themselves that they are not addicted to the Internet. This group includes college students who don't go online during the day to prove to fellow students that they can do without getting online; only, to stay up all night in a chat room online. Or businesspeople who stay after office hours to supposedly get a late report done; only, to stay online until the security guy's ready to lock up the building. Or husbands who stay offline all day, only to get online for hours after their family members are asleep. These users are addicts but portray themselves otherwise in the presence of people. Next, are "the I-only-use-it-when-I-have-to-users." These users make convenient excuses to use the Internet. Mothers who claim they have to visit their child's school's website, to read the highlights of the last PTA meeting, while they could have waited for the minutes of the meeting in the mail. They end up staying online for hours. Or college students who insist on checking out the ratings of a movie online, using this as an excuse to stay online for hours; while they could have looked in the local newspaper. Or businesspeople who use checking for e-mail, as an excuse to get online; even though, the computer announces when there's new mail. These addicts make excuses to justify their use of the Internet. The third group of Internet users is the "Internet junkies." Unlike addicts in the previous two groups, these users neither sneak online nor make excuses to get online.

Carpool: Automobile and Transportation Options Essay

For many Frederick County residents, commuting 1-2 hours a day to get to and from their DC area jobs is the norm. According to one Washington Post poll, â€Å"Washington-area residents spend nearly twice as long getting to work as people in the rest of the nation. They also get stuck in traffic jams three times more often than commuters in the rest of the country† (Ginsburg). Yet, most commuters in our area still prefer to drive themselves to work. When weighing the option to either drive yourself to work or carpool, it would be smart to consider the benefits and drawbacks of both, as well as to take an inventory of how each option fits your priorities, goals, and preferences. A carpool is made up of two or more people who share a ride. The obvious benefits of carpooling include reduced traffic congestion and improved air quality; while some of the more personal benefits of carpooling are: being able to relax or read while someone else drives, saving on the cost of gas, reducing wear and tear on your vehicle, and obtaining possible discounts on auto insurance (â€Å"Transportation Options†). It is also most likely to be faster, cheaper, cleaner, and less crowded than public transportation (Zimmerman). Recently, the Internet has made it easier to connect with locals that want to share a ride. Disadvantages of carpooling may include: having to ride with strangers (or putting yourself out there and making the effort to meet new people), not having the freedom to run errands on the way home if needed, and having to remember carpool etiquette (Zimmerman). People sharing rides typically live and/or work near each other and have a similar work schedule – which could be difficult to arrange (Yeager). One disadvantage of being a carpool driver is the potential legal action from passengers in the case of an accident. Although most metropolitan area carpool organizations these days offer a â€Å"guaranteed ride home† service of some sort (â€Å"Transportation Options†), you would need to find alternate transportation on a day when your carpool driver is sick or on vacation. Driving one’s own vehicle, the preferred method of getting where you need to go for decades now, has plenty of its own advantages and disadvantages of course. Advantages of driving yourself include: being in control of where you go and at what speed, the ability to have a conversation on speaker phone (hands-free, mind you) without having to worry about annoying or offending other passengers, and the ability to listen to your own music at whichever volume you desire. An article on Associated Content, a news Website for Yahoo, suggests that drivers may also choose their car over ride sharing because of conflicting schedules, unpredictable overtime, long hours, sudden demands and unexpected deadlines (Nyholm). One of the biggest disadvantages of commuting in your own car is the cost. The average cost of owning and operating a vehicle in 2009 was 54 cents per mile, or over $14,000 per year, according to AAA’s 2009 Edition of Driving Costs as listed on the Commuter Connections Website (â€Å"Transportation Options†). Even so, owning and driving a vehicle is somewhat of an American standard and a right of passage. Driving is a responsibility people take on with a sense of pride. Edward McDonagh, a Sociology professor who served as dean of the College of Social and Behavioral Sciences at Ohio State University, was once quoted as saying â€Å"The car has become a secular sanctuary for the individual, his shrine to the self, his mobile Walden Pond† (â€Å"Driving Quotes†). People love their cars so much that they are willing to keep on driving despite the expense, the high volume of traffic, and the adverse effects it may have on the planet. Carpooling is definitely more earth-friendly, while driving is obviously more self-satisfying for a multitude of reasons. It is important to think about where your priorities lie – whether or not you want to make more of an effort to go green, help reduce rush hour congestion, or save a little money and wear and tear on your car; or whether your life dictates that you have the freedom to come and go as you please. When deciding whether or not carpooling is right for you, it makes sense to explore each option, to compare all of the advantages and disadvantages of both driving yourself and carpooling, and to think about which best fits your lifestyle.

Using Literature as a Gateway to Critical Thinking

Sometimes, the groans can be heard clear across a campus, and they resonate in memory for years. When a professor assigns a text for reading, anything from the poem â€Å"Just to say† by William Carlos Williams to Herman Melville’s â€Å"Moby Dick,† the students are rapid to react as if they have been handed a death sentence. In some cases, this is because they have so much their reading on their plates that they just feel overwhelmed, but many times, it is a matter of their previous failures to grasp anything meaningful from a literature assignment. This later is the primary point of importance in continuing to distribute the literature. Many university students lack a fundamental grasp on the tools they require to read and write critically, which in turns leaves them without the ability to think and reason in logical and critical terms. The influence of critical thinking on the success of a student at the university level is undeniable.   It will influence how well they comprehend the texts in front of them. It will affect the way in which they can relate one text to another across classroom and semester borders. It will also have a great effect in the way in which they can communicate their ideas to both their peers and their instructors. The way in which a student learns to read and produce written work will be the fundamental core of their language and communication abilities without regard to area of specialization. This learning begins very early in childhood. Learning to read as a child one develops a sense that the author is the beginning and end of the page, and the words used are there for the sole purpose of the surface story. Once a student is capable of surpassing this stage and he or she begins to consider the works on a deeper philosophical level the real learning begins. The student will begin reading for more than simple content and an entire new world will open up full of possibilities. Many students will never learn to recognize the deeper or more subtle meaning in many of the texts unless they are first exposed to it in literature.   Poetry is exceptionally useful for this purpose. The allusions, worked in through metaphor, simile, and symbolism, give a deeper insight to the position of the author from the outset. The famous lines of â€Å"This is Just to Say† by William Carlos Williams provides an excellent example for this type of inquiry: I have eaten the plums that were in the icebox and which you were probably saving for breakfast Forgive me they were delicious so sweet and so cold If five students are asked what the narrator is really speaking about, the instructor will likely get five, or more, differing opinions. The poem may be about real plums.   The poem may be about the consumption of personal space or time.   The poem may be speaking on the conceit that obtaining forgiveness for acting may be earier to obtain than permission. These tools allow the student to understand there is a greater depth to the approach than the simple words on the page as a literal expression of a real object, place, or person. At the same time, these keys offer a new light on the author’s angle of approach. Knowing where the author is coming from helps to weed out fallacious arguments, personal vendettas, and even suppositions masquerading as facts. While others ideas can help a reader to formulate their own intellectually sound opinions, those ideas will only be as firmly grounded as the foundation of facts they are based on. The number of times that something is presented as a fact, only to turn out to be an opinion may really shock and surprise many of the students who are used to opening a text for a class and consuming what is before them for regurgitation. This technique is particularly well suited to high schools where the teacher to student ratio often precludes discussion. When the students then have to begin seeking out secondary sources and turn to the internet for information they will have to confront decisions on what is ‘good information’ versus ‘bad information.’ They will not even be able to be certain that newspaper articles and TV shows presented as news are giving them the honest facts. Looking at headlines on the internet, with a tool such as Google News, you can instantly see how word choices affect the entire tone of a story and change meaning dramatically even when reporting on the same incident. By giving students the tools they need to think critically, through the exploration of literature, the universities will begin to overcome the most common objections to much of the assigned reading. These students will begin, and continue, to question even those facts and ideas that appeal to them. This will give them the ability to construct strong and fair opinions of their own. It will lead them to be more cautious when writing papers for any number of disciplines. Not only will they have the moral stamina to stand up for their opinions, they will be certain that their opinions and statements are both fully realized and backed up with good documentation. The trouble with literature in the classrooms is not in the amount of time spent on literature itself, but on the lack of time spent on discussing the literature to bring about these changes to the culpabilities of the students as critical thinkers. Just reading it is not good enough.   In order to derive a benefit which will deepen the experience of education, and therefore contribute more effectively to the community, the time must be taken to teach explication as well as construct. Defining the importance of literature for the students and then perusing the matter if educating with it as a matter of common course is imperative to the end result of a well educated individual. These individuals will return more to society than what they take from it. In order the continue to chip away at the disparity between classes, races, and even genders, it is important to continue to train students who will think and reason in logical and critical terms through the ability to read and write critically. Literature is as imperative as resource as the air they breathe.

The Scarlet Letter Study Guide

Transcendentalism was a religious and philosophical movement of the early nineteenth century that was dedicated to the belief that divinity manifests itself everywhere, particularly in the natural world. It also advocated a personalized, direct relationship with the divine in place of formalized, structured religion. This second transcendental idea is privileged in The Scarlet Letter. After marrying fellow transcendentalist Sophia Peabody in 1842, Hawthorne left Brook Farm and moved into the Old Manse, a home in Concord where Emerson had once lived.In 1846 he published Mosses from an Old Manse, a collection of essays and stories, many of which are about early America. Mosses from an Old Manse earned Hawthorne the attention of the literary establishment because America was trying to establish a cultural independence to complement its political independence, and Hawthorn's collection of stories displayed both a stylistic freshness and an interest in American subject matter. Herman Melv ille, among others, hailed Hawthorne as the â€Å"American Shakespeare. † In 1845 Hawthorne again went to work as a customs surveyor, this time, like the orator of The Scarlet Letter, at a post in Salem.In 1850, after having lost the Job, he published The Scarlet Letter to enthusiastic, if not widespread, acclaim. His other major novels include The House of the Seven Gables (1851), The Blithered Romance (1852), and The Marble Faun (1860). In 1853 Hawthorn's college friend Franklin Pierce, for whom he had written a campaign biography and who had since become president, appointed Hawthorne a United States consul. The writer spent the next six years in Europe. He died in 1864, a few years after returning to America.The majority of Hawthorn's work takes America's Puritan past as its subject, but The Scarlet Letter uses the material to greatest effect. The Puritans were a group of religious reformers who arrived in Massachusetts in the sass under the leadership of John Winthrop (w hose death is recounted in the novel). The religious sect was known for its intolerance of dissenting ideas and lifestyles. In The Scarlet Letter, Hawthorne uses the repressive, authoritarian Puritan society as an analogue for humankind in general. The Puritan setting also enables him to portray the human OLL under extreme pressures.Hester, Timescale, and Chlorinating, while unquestionably part of the Puritan society in which they live, also reflect universal experiences. Hawthorne speaks specifically to American issues, but he circumvents the aesthetic and thematic limitations that might accompany such a focus. His universality and his dramatic flair have ensured his place in the literary canon. MORE HELP Read No Fear The Scarlet Letter Buy the print The Scarlet Letter Soapstone on BAN. Com Buy the eBook of this Soapstone on BAN. Com Download the PDF of this Soapstone on BAN. Com

Issues in Education-Student Wellbeing Essay

When looking at the work done in schools around the promotion of wellbeing, there are many different state and national frameworks that inform school-based practices. I have chosen to discuss the Framework for Student Support Services in Victorian Government Schools (Department of Education 1998) pictured below. This framework outlines four major principles or levels of activity, grouped together with the ‘resilient student’ at its centre. The major principles are primary prevention, which is presented in the framework as the largest of the four principles and therefore indicates that it should be given the most attention, followed by early intervention, intervention and postvention. I’d like to start by posing the question what is resilience and how can resilience be recognised in a student? Resilience can be defined as â€Å"the set of attributes that provide people with the strength and fortitude to confront the overwhelming obstacles they are bound to face in life†(Sagor, 1996, p.38). There are also certain characteristics and descriptors of resilience that have been recognised by teachers and described by Sagor (1996) as being the most â€Å"social, optimistic, energetic, co-operative, inquisitive, helpful, punctual and on-task† (p.38) students. So the aim for wellbeing in schools should be on trying to instil some of these qualities in its students as a preventative measure to give them the best chance at becoming a a resilient student and hopefully carrying that on into adulthood. Primary prevention is the largest area in the framework because it constitutes the broadest and most significant area of activity. The aim is to provide students with the skills and tools needed on the path to becoming a resilient student. This means raising awareness to what makes students vulnerable, developing targeted programs and strategies that help to reduce these vulnerabilities and increasing awareness the issues whilst providing different ways of coping and/or skills that may be useful when these events or adversities may arise. Primary prevention is not always the first choice in schools according to Richard Sagor, a Professor at Washington State University, he believes that teachers don’t always opt for prevention before intervention, especially long term teachers, they tend to see the problem/s as being with the individual students and not with the cohort of students or school as a whole. Sagor suggests that â€Å"we must recognise that it is politically easier to ‘stay the course’ and continue to offer ‘traditional’ mainstream education†¦rather than to re-make our secondary schools into more hospitable, inclusive and preventative organisations†(1992, p.19). I found these arguments to be similar to those that arise in Australian literature on this topic for example â€Å"the health sector has invested considerable resources towards the development of a ‘packaged curriculum’ and†¦.the evidence to date has been that school health education has little effect beyond the short term†(Glover & Butler 2004, p.300). The programmes we have in place seem to be missing the mark and not really achieving what they set out to do. The next principle in the framework is early intervention. This is the time to assess the risks and identify the needs of students in order to really target those at risk of ongoing social, emotional and/or physical harm. By giving students the tools to be able to identify, assess and manage their own risks, early intervention intends to catch a problem at it’s beginnings and intervene before it gets any worse. This principle does promote student wellbeing and is probably one of the most effective as it can be very targeted information for issues that have already been recognised as being a problem. Intervention involves providing effective management and support to students in crisis, this includes ensuring access to appropriate counselling, care and treatment services and is also concerned with providing the skills for professionals who are dealing with students at their crisis point. Yes this principle still has it’s place in the promotion of student wellbeing, but it is already a bit late for the students, the key is to get in before the issues arise. Postvention is basically how the situation is handled beyond the crisis or event. It is the provision of ongoing support or counselling where necessary, monitoring the recovery process and evaluating the situation. After this crisis has passed and wellbeing is restored, a plan can be implemented or introduced into the prevention stage to increase awareness of the issue and hopefully prevent this happening for others in future or give them the tools to be able to cope with a challenging situation. I think this principle is very important and plays an evaluative role in providing wellbeing for present and future students. The principles in the Victorian Framework for Student Support Services of 1998 are collectively designed to provide comprehensive support for the promotion of the wellbeing of students in schools all over Australia and are also being increasingly encouraged on an international scale. The key to moving forward is prevention, like anything if we can prevent a problem before it begins and/or provide the skills and the know how to deal with a crisis before it arises then everybody is much better off. Students, teachers, parents and the wider community would be stronger and better equipped to face the challenges of everyday life. Our work as classroom teachers contributes in many ways to the promotion of young people’s wellbeing. It is no secret that high school students spend the majority of their teenage years in schools where they are supervised by teachers. Whether it be in classroom, out in the playground, out and about on excursions and even at the bus stop. Teachers are very influential figures in a young persons life, so it will come as no surprise that the work a classroom teachers does can contribute to the promotion of young people’s well being. Wellbeing can be defined as, â€Å"a state of positive psychological functioning that allows students to thrive, flourish and learn. Wellbeing refers to a state of positive emotional and social functioning that we would wish to nurture in all our students. The term wellbeing has been used to refer not only to a person’s subjective experience of ‘feeling good’ about themselves and their relationships with others but also to their sense of meaning, purpose and growth†(Goh, 2013). Wellbeing is a very broad term which is difficult to define. This definition from Goh (2013) stood out to me because it mentioned the fact that promoting the wellbeing of students allows them to ‘thrive, flourish and learn’, this is the important objective for schools and teachers to remember. Norris (2003) argues that â€Å"Children learn best in an environment that is safe, nurturing, and affirming†(p.318) which I think is the aim for all classroom teachers. Teachers can use a range of teaching strategies to enhance the resilience and overall wellbeing of their students. An example of a strategy for teaching resilience in America is the ABC’s of resilience. Renee Jain (2013) speaks about the difference between two people and what makes one person resilient and another person not. The A stands for adversity, this is the problem being faced. The C stands for the consequence or the reaction to the adversity and the thing that makes two people end up with different consequences is the B which stands for beliefs(about the situation). A resilient person is armed with the beliefs and the tools to pick themselves up and move forward. Those without resilience will be consumed by the adversity and struggle to get back up (Jain, 2013). By making students and teachers aware of this connection it is easier to understand why we need to be taught the qualities of a resilient person in order to maintain wellbeing. Many efforts are being made to spread the message of wellbeing for students through the use of programmes designed by non-government and some government organisations. The USA are world leaders in the sheer number of programmes and resources in the promotion of mental health, with thousands of programmes in operation with varying levels of success (Weare, 2010, p.27). The promotion of mental and wellbeing in Australia is also starting to thrive with programs such as Root of Empathy (2009) and Mind Matters(2009) at the forefront of the efforts to reach students with the message of wellbeing (Weare, 2010, p.28). In the UK â€Å"an increasing number of schools are engaged in what is effectively mental health work†¦working on a wide range of initiatives†¦two particular examples are Place 2 Be (2009), which supports councellors in schools and Pyramid Clubs (2009)† (Weare, 2010, p.28). I think the most prominent thing that stands out to me on an international scale is that everyone is trying to approach this from a whole school and even a whole community perspective, making it everyone’s business. I do think that this is how it should be and to be effective in promoting overall wellbeing of students it has to be a looked at as a holistic approach. By that same token, staff wellbeing is also a priority in promoting positive school environments. This means that it is important to look after yourself as a teacher, if the teacher is stressed, not focussed, and not looking after their own wellbeing then that will reflect onto the students wellbeing. In conclusion, teachers are very important role models and play such a pivotal role in a young persons life. Countries all over the world are now staring to really understand how much of an impact teachers and even schools as a whole can can make in the promotion of wellbeing in students. As long as the approach is holistic and targets students in the time of their lives when they need this information the most, we can quite possibly create a new generation of resilient young people. References: Glover, S & Butler, H 2004, ‘Facilitating health promotion within school communities’, in Moodie, R & Hulme, A (Eds.), Hands on health promotion, IP Communications, Melbourne, Vic, pp. 299-310. Sagor, R 1996, ‘Building Resiliency in Students’, Creating a Climate for Learning, Vol. 54 (1), Washington State University, Vancouver, pp.38-43. Sagor, R 1992, ‘Alternative programs for at-risk youth: wolves in sheep clothing’, Reaching Today’s Youth, Vol. 1 (2), Washington State University, Vancouver, pp.18-22. Goh, C 2013, ‘Student Wellbeing’, Student Wellbeing Action Partnership, University of Melbourne, Victoria, Accessed on 31/7/2013 from: http://web.education.unimelb.edu.au/swap/wellbeing/ Norris, J.A 2003, ‘Looking at Classroom Management Through a Social and Emotional Lens’, Theory into Practice, 3 (4), p.313-318. Jain, R 2013, Teaching Students the ABC’s of Resilience’, Social and Emotional Learning, The George Lucas Educational Foundation. Accessed on 31/7/13 from: http://www.edutopia.org/blog/teaching-the-abcs-of-resilience-renee-jain Weare, K 2010, Promotiing Mental Health Through Schools, In P.Agglton, C.Dennison & I.Warwick (Eds.), Promoting Health and Wellbeing Through Schools, London: Routelege, pp.24-42.

Rewrite the essay Example | Topics and Well Written Essays - 750 words

Rewrite the - Essay Example Huxley wrote a fictions piece of satire devoid of prophecies on science. Brave New world is a sinister, unsetting, and loveless place, endowed with features aimed at estranging the audience. The novel illustrates the feeling that disturbs the readers mind with a description of a vanquished society. (Huxley 2). These books have quite similar themes. One major theme presented is the loss of sovereignty. Various events and experiences of the characters in these books point to their loss of sovereignty. Characters in the books are stripped of the rights to make their own independent decisions. Different forces in the society have robbed the characters their freedom of choosing how to lead, plan, and live their lives. The people are however are not aware that some of the things they cling to, which are dear to them, are the same things, which rob them of their sovereignty. Therefore, the loss of sovereignty in these books is mostly experienced unconsciously, even though it has negative influence on the characters. Being a representation of the real world, the authors of these books try to show us the different ways in which we have lost our sovereignty in society. In Huxley’s novel loss of sovereignty emerges when science and technology is used in society to lead to totalitarianism. For instance, the state uses powerful technology to control people’s reproduction. People lose their sovereignty, as they cannot make independent decisions on their reproduction. Consumerism is another loss of sovereignty of people to the state and corporations. Due to people’s quest for happiness, there is manufacture of High-Tec entertainment mediums and increased consumption of these. Therefore, manufacturers, states, and corporations decide what products they will produce for the people. This way, the people lack power to decide what they want, hence loss of their sovereignty. Huxel also warns against an overly

Police Misconduct Research Paper Example | Topics and Well Written Essays - 500 words

Police Misconduct - Research Paper Example guilty men to walk the street and innocent men to sit in jail, governments should have appropriate measures in place to protect the public from police misconduct. 1) Carnell, Yvette. "Dont Shoot! A Case for Reigning in Rogue Cops." The Atlanta Post. 3 May 2011. Web. 27 May 2011. . 4) "Indian Diplomats Daughter, 18, Sues for $1.5m over police Cells Toilet Humiliation | Mail Online." Mail Online. 25 May 2011. Web. 27 May 2011. . 5) Kaariainen, Juha, Tomi Lintonen, Ahti Laitinen, and Joycelyn Pollock. "The Code of Silence: Are Self-Report Surveys a Viable Means for Studying Police Misconducts?" Journal of Scandinavian Studies in Criminology and Crime Prevention 9.2 (2008): 86-96. Print. 6) "Man Shot 6 times by Billings Police Officer Sues for Excessive Force." The Republic. 20 May 2011. Web. 27 May 2011. . 7) Miller, Joel, and Robert C. Davis. "Unpacking Public Attitudes to the Police: Contrasting Perceptions of Misconduct with Traditional Measures of Satisfaction." International Journal of Police Science and Management 10.1 (2008): 9-22.