Saturday, August 31, 2019
Hris Case Study
HRIS Case study 1. How does this position help the HR function become a strategic partner of the organization? MOMIRI companies realize that quality personal are the key to success. That means the company can achieve its strategic goals by the support of human capital. Therefore, proper management of human capital is the core factor for company to reach its strategic goals. Thus, HRIS, of which primary objective is to maximize the value of an organization’s human capital, can serve as a significant strategic partner of the organization.In addition, according to the duties and responsibilities of the HRIS administrator, since the HRIS administer serves as key systems liaison with other department such as payroll, HRIS administer can also help other department and build an integrate relationship between HR and other department. That relationship can provide a very insightful view for HR department and help the company to make and implement its strategic goals by providing some u seful information of employees. 2. From the position description, identify the traditional, transactional, and transformational HR activities that this position is involved with.Traditional: Conduct new hire in process to include systems training for new employees and entering new employee information in Costpoint. Conduct termination out-processing to include entering employee separation information in Costpoint and reporting attrition data. Process personal actions (hires, terminations, pay & title changes, promotions, employment status, etc) to include entering data into HRIS. Transactional: Support and maintains the HRIS in addition to other systems supported by the management of enterprise applications.Provide detail and aggregate information for salary surveys and regulatory reporting. Maintain data integrity in ATS, HRIS, and other enterprise system by running queries and analyzing and fully auditing data across all HR departments. Transformational: Provide HR tools and resou rces for management and staff to accomplishment their goals and objectives. Serve as key systems liaison with other departments and process stakeholders. 3. Using the key responsibilities identified for this position, explain why and how the HRIS function plays a pivotal role in the organizational model as described in this chapter.The HRIS function keeps and manages all the employees’ information. The HRIS analyzes the employees’ information such as performance and skills and identifies some talented person to plan and implement project. In addition, the HRIS can help make payrolls and thus build an integrate relationship with other finance and accounting software. Last but not least, HRIS can enhance efficiency and effectiveness of HR administrative functions and improve employees satisfaction by delivering HR services more quickly and accurately.
Friday, August 30, 2019
Transcendentalist
A Modern Day Transcendentalist The story of Chris McCandless is an inspiring one. Transcendentalism is the act of finding inner peace and relaxing. David Henry Thoreau and Ralph Waldo Emerson are two authors who are transcendentalists. The idea of transcendentalism was started in America in the 1850’s. Chris McCandless is a college student who decides to become a transcendentalist. Chris McCandless is an example of a modern day transcendentalist because he fits the ideals of Walden, Self Reliance, and Civil Disobedience.One of the big ideas of Walden is that a person needs to separate himself from society to inner peace. Thoreau writes â€Å"I went to the woods because I wished to live deliberately, to front only the essential facts of life. †Chris McCandless fits this idea because he goes into the woods to find inner peace after college along with other adventures in the desert and Denali National Park. Another big idea of Walden is a person only needs to live with th e essentials. Thoreau writes â€Å"†¦ to drive life into a corner, and reduce it to its lowest terms. Chris McCandless fits this idea because he only brings a backpack, a gun, a bag of rice, and a sleeping bag into the woods. Nature has a lot to teach is also a big idea of Walden. Thoreau writes â€Å"†¦and see if I could not learn what it had to teach. †Chris McCandless fits this idea because he learns a lot of survival techniques while in nature and he lives and dies while in nature. One of the big ideas in Self Reliance is trust yourself. Emerson writes â€Å"Trust thyself: every heart vibrates to that iron string. Chris McCandless fits this idea because whenever he is offered help he declines it. Another big idea of Self Reliance is do not be afraid to be different and do not conform to others standards. Emerson writes â€Å"Whoso would be a man must be a nonconformist. †Chris McCandless fits this idea because he does not care what other people think about him and he did not conform to others expectations. For example his parents want him to go to college and he decides not to because he wants to go into the wild. Do not envy what others have is another big idea of Self Reliance.Emerson writes â€Å"There is a time in every man’s education when he arrives at the conviction that envy is ignorance. †Chris McCandless fits this idea because rejects supplies, his parents, his car, and help. One of the big ideas of Civil Disobedience is laws do not have to be followed because each person should make their own laws. Thoreau writes â€Å"That government is best which governs not at all. †Chris McCandless fits this idea because he goes to Mexico without a passport, he kayaks into Mexico, he burns his money, and he train hops.Another big idea of Civil Disobedience is the majority is not always right and that people should follow their own beliefs and thoughts. Thoreau writes â€Å"When the power is once in the hand s of the people, a majority are permitted, and for a long period continue, to rule, is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. †Chris McCandless fits this idea because people may not support his way of life because it is against how the majority live.He lives differently in a lot of people’s eyes because he lives out in the woods instead of being with society. Based on his belief in the ideals of Walden, Self Reliance, and Civil Disobedience, Chris McCandless is a modern day transcendentalist. This type of lifestyle is not all that abnormal. Many people in the world live just like Chris McCandless. They all want to get away of society and live peacefully. The story of Chris McCandless gained popularity in the late 1990’s. One reason people are drawn to this story is because McCandless is a young guy and lives such a different lifestyle.
Thursday, August 29, 2019
Critical Thinking: Strategies in Decision Making
Critical thinking is the mental process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and evaluating information to reach an answer or conclusion (Dictionary. com, n. d. ). Critical thinking has two basic components: a set of information and belief generating and processing skills, and the habit of using those skills to guide behavior. Other aspects of critical thinking include working out situations and dilemmas, answer questions, and settling issues that are essential to ones welfare and interests. Thinking happens in every situation in every aspect of life.â€Å"The best thinkers use their ability to think well in every dimension of their lives†(Paul & Elder, 2006). Critical Thinking Steps Critical thinking is used in all dimensions of life whether in personal situations or work related situations. Most of the time in personal issues people are more apt to make decisions that will benefit them more in the end. In work related issues, people tend to make decisions that will benefit the majority of everyone involved. Critical thinking is vital in the decision-making process when coming up with new ideas and finding the different point of views.As a critical thinker, there are a few steps while thinking. First, is to raise important questions and issues. Second, is the assembly and evaluation of significant information. Third, is coming up with well thought out answers, analyzing the answers with different outcomes and scenarios. Lastly, a critical thinker must keep an open mind and have the ability to consider all possible conclusions. If a problem arises, a critical thinker will have the ability to communicate well with others to gain a better perspective on the situation at hand. ? Personal ExperienceIn a personal situation where I had to use critical thinking was in regards to my divorce. I had to think about how I would be affected by the decision as well as how my children would be affected by my decision. I had to weigh out the pros and cons of staying married versus getting a divorce. Weighing out the custody was another decision I faced. I wanted what was best for my children, and these decisions were not easy. Discussing the options with my ex-husband and being able to make these decisions jointly made things easier for the both our children and us. Work Related ExperienceUsing critical thinking in work has proven beneficial. I worked for a company a few years ago where I held a position in customer care over the telephone. This position presented me with the opportunity to apply my critical thinking skills. When I first started with the company I was responsible for billing, but I decided to apply for a position in developing and maintaining the performance and payroll reporting for the lobby locations. I had an office, independence to complete my tasks without supervision, and had a prime shift – 8 to 5 Monday through Thursday and 7 to 4 on Friday.On the home front, I was able to put dinner on the table by 6 PM, did not bring work home, and was never on call. When the billing services ‘Subscriber Management Systems Specialist’, position was posted, I was very interested, but I had to weigh the benefits of both positions. I developed a table with pros and cons in order to assist with the decision. Based on the results I outlined, I chose to apply for the new position. It meant giving up some personal time with my husband – salary of course, means 40+ hours a week, but the challenge and growth opportunity outweighed the other factors.Had I not applied critical thinking, I would have gone with my gut, which told me to stay in the lobby where I was comfortable. Being able to put emotions aside allowed me to think clearly about a very important decision in my life. Critical thinking is important in decision-making. Some people develop thinking in a â€Å"weak sense†whereas others develop thinking in a â€Å"strong sense†. †Å"Critical thinkers strive to develop essential traits and characteristics of the mind†(Paul & Elder, 2006).I believe that critical thinkers do not allow emotions or bias to determine the outcome of the situation, but will have strong facts to support their position. I believe we all must strive to think at a higher level, and recognize our biases and rise above them to become effective critical thinkers. ? References Critical Thinking. (n. d. ). Dictionary. com's 21st Century Lexicon. Retrieved December 13, 2009, from Dictionary. com website: http://dictionary. reference. com/browse/critical thinking Paul, R. , & Elder, L. (2006). Critical thinking: Tools for taking charge of your learning and your life. Upper Saddle River, NJ: Prentice Hall.
Financial Analysis of the Company Diageo Essay Example | Topics and Well Written Essays - 2250 words
Financial Analysis of the Company Diageo - Essay Example This essay stresses that Diageo is a leading firm which is spread globally and conducts premium drinks business with a varied collection of outstanding labels. Diageo is mainly concentrated in business regarding beverages. The firm, based in UK, manufactures its products in different countries of the world like Britain, Ireland, United States, Canada, Spain, Italy, Africa, Latin America, Australia, India, and the Caribbean. Based on research, it is seen that they sell their products approximately in 180 markets throughout the world. Diageo is an established firm and, thus, has its own authority in the production and sale of wine. Diageo manages 17 out of 100 of the top world’s spirit brands. The firm emphasizes its prime focus on developing its international brands in order to capture a giant market share. Diageo is listed in the London Stock Exchange (DGE) and for its American depositary receipts it is also listed on the New York Stock Exchange (DEO). This paper makes a conclusion that sales, accounts receivable and number of days outstanding or the turnover ratio provides a more or less indication of the firm’s current and future prospects. Economic recession has negatively impacted on the customer’s confidence and, thus, this has brought about a little negative diversion in business and its profits. â€Å"Diageo strength has driven competitive advantage in premiumisation†. Diageo faces competition from small and artisan wineries which also pose a greater threat to its market. An increasing competition from other drinks outside the wine industry is another threat for Diageo. Analysis of the Key Personnel within the Company: Diageo has more than 20000 talented people working with the firm. Diageo has a diverse workforce which corresponds to its widespread network throughout the globe. The staff of Diageo is committed in serving their customers, as customer satisfaction is the highest priority for Diego. The pr ime motto among employees is ‘
Wednesday, August 28, 2019
Theory and Knowledge Development in Nursing Essay - 4
Theory and Knowledge Development in Nursing - Essay Example Metaparadigm of nursing involves its global concept, global propositions in accordance with the concepts and such propositions as those that define a relationship between concepts. Such concepts are such as pain and blood pressure that aid communication between a nurse and the patient. The metaparadigm of nursing was established in 1970 and demands that its scope revolve around, health, environment, person and nursing. Metaparadigm internationally emphasizes professionalism in nursing as a field. It defines the peculiarity of nursing among other sciences for the sake of the public. They also define broad interests of nursing and provide perimeters for nursing. In intensive care unit for example some of the concepts that are spread to become conventional involve caring as a primary aspect and value of nursing. Further, nurses in critical care, nurse educators a home nurse can be described as being metaparadigm. As a critical nurse, I share the same aspects of environment with the home nurses and nurse educators. The most important is especially the patient around who I center my attention and his health (Pavev, 1953). We create the same environments for such patients and provide them with similar nursing values like care around the world. In this context therefore, conventionalism of the concepts we use define the profession in an international setting common ground for nursing universally. Nursing revolves around certain truths and basic values that define its profession. It is also based on ethical principles that enhance its acceptability as legalistic and useful in its specialty to deliver reliable promise to service. Nursing is based on such philosophy as builds faith in persons and gives them hope while acknowledging technicalities in process of delivery such services. It communicates with the persons in public to inform them of virtues and truths that are incorporated when
Tuesday, August 27, 2019
Catcher in the rye Essay Example | Topics and Well Written Essays - 500 words - 1
Catcher in the rye - Essay Example The writer has effectively used symbolism to help pass the message that maturation and the Loss of innocence are inevitable rites of passage for all humanity. The author has used the symbol of the Museum of natural history, the Catcher in the Rye and the darks in the frozen pond to show that it is always difficult for an individual to avoid the loss of his or her innocence. The Museum of natural history that Holden used to visit symbolizes a world without changes. Holden wishes that this could apply in life where by nothing had to change. He acknowledges that the main reason why he loved the museum was the fact that everything remained as it was. â€Å"The best thing though in that museum was that everything stayed right where it was. The only different thing in there was you†(Salinger 204). Holden admire the event that everything had to stay the same forever just like the thought of innocence preservation. However, Holden knows that this is not possible and he even goes ahead to admit that he had become a different person in that his innocence had become diminished since he last visited the museum. Another symbol that has been used in the Novel is the Cather in the Rye. Holden say that he would like to be a catcher in the Rye to protect children from tumbling over the edge of a cliff. On the actual sense Holden had misheard the song of which the actual lyrics were if a body meet a body coming through the rye. â€Å"I thought it was if a body catch a body†(Salinger 190). The word meet in the song refers to an encounter that leads to recreational sex. Holden intends to catch children before they fall out of innocence into the knowledge of both sex and adulthood â€Å"That all al do all day. I’d just be the catcher in the eye†(Salinger 194). The last symbol is the dark in the pond. He wonders what happens to the dark in the pond when
Monday, August 26, 2019
Training Effectiveness Essay Example | Topics and Well Written Essays - 1500 words
Training Effectiveness - Essay Example Employees are supposed to be equipped with some form of expertise such as knowledge, skill and attitudes regardless of the position he/she holds in an organisation. At the same time, it is not necessary that one should have all the expertise that the organisation demands from time to time. He/she may have to equip himself/herself with the current needs of the organisation that strives to maintain its survival amongst its rivals. This calls for imparting knowledge and training to all employees irrespective of the status/position. Training and development has become a necessity in the present day organisation as they have to meet many challenges posed by their environment in general and competitors in particular. Induction training is meant for employees who join the firm for the first time. In fact, the firm is known for its excellence in training programs and its induction training programs is one of the trainings recommended by Retail Industry Awards, 2004 (our people). At this juncture, it is desirable to have a deep knowledge about the training programs conducted by the firm and its effectiveness. The study mainly seeks to investigate how successful are the training programs of the firm to be reflected in the employee performance and organisational development. Employee training and development is one of the fascinating areas for researchers who are interested in exploring new insights from human resource development and workers’ empowerment. Modern organizations have realized that employee performance is a prerequisite for organizational success and as a result training and development programs are vital for organizational survival and success. ... ayeed Omer Bin reveals that business performance depend on high performance, which in turn is depended upon the employee training and development (Sayeed 1998). The present literature review covers only the recent studies and papers that have been published through books and academic journals in and outside the country. In a case based study undertaken by Amitabh Kodwani Deo and Singh Manjari entitled 'Towards Effective Training and Development in Indian Public Sector Enterprises', the authors argue that employee training is an effective tool in improving the individual and organizational performance. The authors further remind that training can result in employee and organizational performance only when the active participation from employees is made and the organization offers a congenial and learning environment Kodwani and Singh (2004). In another case study of S. Sudha to explore the effectiveness of training to the employees and the organization, it is explained that the imparting of training is performance oriented in the sense that training requirement of an employee is determined on the basis of his/her performance at the work (Sudha 2006). The study also finds that training is essential as a learning environment alone can influence the behaviour of employees. Alan Barrett and O'Connell Philip J undertook a study in 2001 to examine the productive effects of training through a survey research. The study includes all types of training such as general training and special training. The authors tried to observe the results of the study after a statistical analysis by which the positive impact of training was tested. It was found that there were no positive impacts on productivity out of specific training (Barrett and O'Connell 2001). C. Ostroff, in his study
Sunday, August 25, 2019
The influence of senior management involvement on the effectiveness of Essay
The influence of senior management involvement on the effectiveness of management training in selected Saudi Arabia (KSA) SMEs - Essay Example pany programs in order to ensure a higher level of success for the organization as a whole, as well as develop the attitudes and behaviours of the staff members (Alliger et al., 1997). However, previous researchers have only focused on the process of achieving organizational success, without emphasizing on the participation levels of the employees, let alone the participation and involvement of the senior management. This study is of significance because first and foremost, the labour force in Saudi Arabia is comprised of 55 percent of small and medium enterprises (or SMEs). What is even more significant is that for such companies, the involvement of senior managers in development activities and programs is more as compared to larger companies and companies in the public sector. However, due to the company’s size, organizational structures and developmental programs are not as formal as they should be, hence the need for senior management intervention (Storrey, 2004). This stu dy has shown that there are a number of benefits to be achieved from a higher level of involvement of senior managers in training programs. According to Mazzorol (2003), when employees observe the active participation of their managers, they are more empowered and motivated to be open to change. At the same time, the managers themselves are also able to have the opportunity to communicate more with their subordinates and gain feedback which would be beneficial for the company’s overall development. Isaac et al. (2001) further states that by being involved, senior managers have the chance to encourage and motivate their employees to improve their attitudes and behaviours with regards to work and accomplishing tasks. One problem with training programs is that there is a risk that the trainees will not learn anything. When this happens, the company would have wasted its finances, time and effort in order to implement such programs. Thus, by being actively involved in these progr ams, managers
Saturday, August 24, 2019
Describe what you see Essay Example | Topics and Well Written Essays - 250 words
Describe what you see - Essay Example The statue is wearing a tunic and tights, adorned with a long fur coat, which has puffed sleeves, seeming pleasantly anachronistic against the background adorned by the premises of the State Community College. The legs of the statue are short, thick and firm, depicting a pachyderm like balance and strength. The hands are comparatively shapely and long, signifying the sophistication of the Western civilization. The facial features of the statue are lean, masculine and imbued with determination, resembling a mountain like stability and solidity. The statue is about as high as a young oak tree, commensurately solid and firm. The forehead is slim and slightly furrowed, evincing the determination of a crouching lion. The eyes are almond shaped and gazing ahead, akin to a search light like focus. Overall the contours of the statue are bold, monolithic, and round, accentuating the solidity of the marble rock from which it was
Friday, August 23, 2019
TEENAGE SEXUAL HEALTH AND CRITICAL INCIDENT Essay
TEENAGE SEXUAL HEALTH AND CRITICAL INCIDENT - Essay Example unintended pregnancy, related policies and legislation of the United Kingdom government towards child and adolescent protection, and a critical analysis of John’s Model of Reflection 1995, towards improved nursing practice in the field of teenage sexual health. Sexual Health is defined by the Family Planning Association as â€Å"the capacity and freedom to enjoy and express sexuality without exploitation, oppression, physical or emotional harm†. Sexual health is stated to be an important part of physical and mental health. Together with other fundamental rights, it is a key part of our identity as human beings. According to Bekaert (2005: 86), the essential elements of good sexual health include access to information and services to avoid the risk of unintended pregnancy, illness or disease. Sexual intercourse at a younger age and poor condom use have led to increased rates of sexually transmitted infections (STIs) in the teenage group, states Bekaert (2005: 14). The government has responded to the general increase in STIs with the national strategy for sexual health and HIV. It recommends the promotion of sexual health and of mainstream sexual health services to decrease the incidence of STIs. 20% to 30% of teenage females diagnosed with a sexually transmitted infection acquire another disease within eighteen months. The consequences of infection with an STI vary according to the infection. They can include increased risk of cervical cancer, pelvic inflammatory disease (PID), ectopic pregnancy and infertility. With acquired immunodeficiency syndrome (AIDS), the individual is susceptible to opportunistic infections and will ultimately die. The consequences of STIs can be worse for teenagers as they tend to present late for treatment, have a poor knowledge of STIs and have unrealistic perceptions of their risks. The risk factors for contracting sexually transmitted diseases are: male sex, young age, early age at first intercourse, number of partners, ethnic
Thursday, August 22, 2019
Traveler Transportation Essay Example | Topics and Well Written Essays - 1500 words
Traveler Transportation - Essay Example n, reduction of traffic congestion, improvement of the neighborhood quality of life and provision of equity in transportation accessibility oppose the practical goals of sufficient organization of multimodal transportation infrastructure within metropolitan areas. Traveler transportation, having its peculiar features, represents a rather complex field of work for the transportation professional. This paper proposes the insight into the main differences of traveler transportation from the freight one, highlights some of the difficulties arising in the process of traveler transportation planning and discusses the present day issues faced by the professionals in traveler transportation. On the one hand, traveler and freight transportation have much in common. On the other, traveler transportation is more complicated for statistical studies, modeling travel-demand impacts and transport system regulation than freight transportation is. It has some specific features not characteristic with freight transportation. The complexity of travel behavior and recent issues in the field turn traveler transportation planning and modeling into a really challenging task. F. Witlox and B. Van Broeckhoven (2002) in their report on quality attributes in passenger and freight transportation state that there is much similar between the two fields. Comparing the characteristics of the traveling people, their families and aims of trips with the characteristics of the shippers, consignees and goods transported, they find that though the specific characteristics and conditions differ, they play a similar role in decision making and the major factors considered are almost the same: cost, time, flexibility and frequency. They add the comfort factor for passengers, noting that some goods also need very careful or quick transportation. They also distinguish a number of other factors of less importance, such as, for example, tracing and tracking for freight transportation. But in both cases
United States Reform Movements Essay Example for Free
United States Reform Movements Essay In the years following the Second Great Awakening of the United States, numerous reform factions began to spring up around the country, fueled by recent evangelical ideals. Seeking to improve and expand democratic ideals, many of these factions undertook drastic measures to achieve what they believed to be a proper aspiration. Nevertheless, it would be farfetched to claim that such reform movements within the US resulted in any positive outcomes, and it would be much more logical to claim that many of the so-called reformers were in fact trying to further their own ambitions. By keeping penitentiary, church, and alcohol reforms as a pretense for egotistical purposes, they were able to attract an elite following of people that that acted with virtues that were anything but democratic. On of the first reform movements to become advocated was the penitentiary system. It had become a brutal institution, becoming known for excessively cruel punishments for criminal offenses. Extreme cases included imprisonment for insignificant amounts of debt, and asylums were common practices for what was believed to be insanity, following medieval practices. The Society for the Reformation of Juvenile Delinquents, in 1829, reported that they were proud to have rescued the youthful from temptation and turning them into valuable members of society. Yet by allowing the Society, and other institutions like it, to determine which of the youths were undisciplined and under the influence of temptation, the United States government was effectively allowing these organizations to diminish democracy. When these institutions were allowed to decide who was or was not orderly, power shifted away from the people and into their hands. A similar transfer of control occurred during the Second Great Awakening, when a fresh wave of spiritual fervor empowered numerous factions of the church. By gaining control over a culture dedicated to a religion, the church managed to dictate an entire society towards its own values. Charles G. Finney, in 1843 remarked that all sorts of abandoned characters are awakened and converted by the church, failing to mention whether or not any of the profligates actually wished to be converted. By forcing infidels to follow their ethics, supporters of the church had secured themselves within a throne of power, with the ability to enforce what they believed was moral, desecrating the principles of free speech and democracy. Samuel Morse commented that emigrants were selected not for their affinity to liberty, but for their mental servitude when coming into the country. The church had begun to demolish Naturalization Laws, one of the first benefits of the democracy of the United States, un der the flag of the nativists (those who wished to favor the natural inhabitants of the United States). By controlling who may or may not immigrate to the US, nativists had begun to gain a dangerous amount of power, not through democracy, but abnormally favoring selection. The same approach towards atypical persons was present within the movement against alcohol as there was within the nativists, for both wished to rid the United States of what they believed to be crimes against their people. The Temperance Movement was as a milder offspring of the teetotalism movement, which promoted a complete abstinence from alcoholic beverages. Common belief with teetotal persons included an abhorrent view of alcohol, promoting notions that even a single drink of alcohol can and will lead to brawls, poverty, crime, and ultimately death or suicide. Even the less extreme Temperance movement had attempted to stop the peoples consumption of the wretched Demon Drink. Soon, laws were being created to enforce such views, with the Maine Law of 1851 standing out amongst them, prohibiting the manufacture and sale of liquor. Even though such a law was fueled by optimistic virtues, it was anything but democratic, enforcing one groups ideals onto an entire population without th eir consent. Attempting to force reform onto a people without their consent and condemning past principles for the sole reason of rash modification can not result in hopes for a new social order, as some movements may wish. During an address to Wesleyan College, Orestes Brownson proposed that Quack Reformers were disowning the past and promoting an entirely new social order. Of course, no good could possibly come from this, since it had taken numerous years to set up the securities that were in place, defending the democratic practices of the people of the United States. Reform should be focused around preserving values that are known to be sound and stable, not the upheaval of a society to the mere cause of altering a single trivial value. Drastic Reform can only lead to ultimate destruction of democracy and leads to a rule by a chosen elite if not carefully monitored.
Wednesday, August 21, 2019
The Salmonella Outbreak In Usa Commerce Essay
The Salmonella Outbreak In Usa Commerce Essay The Peanut Corporation of America was formally a family-owned peanut processing business and maker of peanut butter for bulk distribution to institutions, food service industries, and private label food companies. The company was founded in 1977 by Stewart Parnell along with his father, Hugh, and two younger brothers, Hugh, Jr. and Mike (Business Yellow Page, 2009). The company was headquartered in Lynchburg, Virginia, where they started the business working out of their home (Business Yellow Page, 2009). By 1994 the family turned a slow growing peanut roasting operation into a company with sales that surpassed 30 million dollars and employed over 95 permanent employees (Business Yellow Page, 2009). In 1995 the business was sold to a large commodities corporation while Parnells father, Hugh, retired from the peanut industry (Business Yellow Page, 2009). Stewart Parnell and his two brothers were kept as management consultants by the companys new corporate owner (Business Yellow Page 2009). The company manufactured roughly 2.5 percent of the nations processed peanuts (Chapman Newkirk, 2009). Stewart Parnell served as a peanut-quality adviser to the U.S. Department of Agriculture until he was removed from the board Februay of 2009 (Chapman Newkirk, 2009). PCA operated processing facilities located in Blakely, Georgia; Suffolk, Virginia; and Plainview, Texas (Business Yellow Page, 2009). As indicated by Layton and Miroff (2009), PCA supplied ingredients to some of the biggest names on supermarket shelves: Kellogg, Sara Lee, Little Debbie. The federal government was a customer, too, buying his peanuts for poor school children, disaster victims and military troops. PCAs products were not sold directly to consumers, but shipped to other manufactures that used their products as ingredients to make cookies, crackers, pet treats, energy bars, ice cream, and other products (Consumer Affairs 2009). Products ranged from peanut butter, peanut paste and peanut oil (msnbc, 2009). Peanut Corporation of Americas scandal began when the company allegedly shipped its peanut butter products knowing they could be contaminated with salmonella which resulted in the outbreak of 2008 (McCormick, 2009). According to Mundy (2009), who interviewed Ron Simon a criminal trial Lawyer for victims of PCA negligence, remarks that PCA knowingly shipped contaminated products which were positively tested for salmonella by two independent labs the company hired. These contaminated shipments were sent to nursing homes, school cafeterias, grocery stores and wholesale outlets. Since the beginning of the peanut salmonella outbreak in September 2008, more than 714 people became ill in 46 U.S. states and one Canadian province, which contributed to at least 9 deaths (Lawyers and Settlements.com, 2009). Its among the largest recalls that weve had, said Stephen Sundlof, director of the FDAs Center for Food Safety and Applied Nutrition (msnbc, 2009). The illness was traced back to the Peanut Corporation of America (PCA) processing plants in Blakely, GA and Plainview, TX according to the Centers for Disease Control and Prevention (Lawyers and Settlements.com, 2009). PCA was no stranger to of selling contaminated products; its Blakely plant was discovered with salmonella in 2006 as a possible result of imported organic peanuts from China according to a letter released by the committee on Nov. 2, 2006 (Zhang and Jargon, 2009). Mr. Parnell was also informed via letter by Darlene Cowart, President of JLA USA testing service that it was likely that the organic peanuts imported from Chinese could be a source for microbial hazards based on the type of fertilizers that was used on the organic product (Zhang and Jargon, 2009). Ms. Cowart also testified that Peanut Corp. samples were tested positive for salmonella between 2007 and 2008 (Zhang and Jargon, 2009). FDA requested a recall for all products containing peanut butter, peanut paste and peanut oil manufactured since January 1, 2007, at the Blakely, Georgia processing center (msnbc, 2009). Federal inspectors found mold, roaches and a leaking roof at the Georgia peanut factory, Dow Jones Newswires reports (Rubenstei, 2009). There are two forms of stakeholders in business ethics, specifically, primary and secondary stakeholders which the Peanut Corporation of Americas case affected. Primary stakeholders are necessary for a firms survial and include employees, customers, investors, shareholders, as well as, businesses, large or small (such as small businesses that used PCAs product as raw material to make product and later market to consumers) (Ferrell, Fraedrich, Ferrell, 2008, p. 32). Whereas, secondary stakeholders are not essential for a companys survival; these include the media, trade association and special-interest groups (for example, the American Association of Retired People AARP) (Ferrell, Fraedrich, Ferrell, 2008, p. 32). Two primary stakeholders at PCA were Stewart Parnell, president and CEO, and Sammy Lightsey, the plant manager of the Blakely, Georgia plant . Several email were exchanged between Parnell, Lightsey (plant manager of Blakely, GA) and Mary Wilkerson (employee at the Blakely plant) regarding batches of peanut products that tested positive for salmonella by two independent laboratories, J. Leek Associates being one company and Deibel being the other and ignored (Committee on Energy and Commerce 2009). Because of this many stakeholders, both primary and secondary were affected by Peanut Corporation of Americas unethical decision-making. The medias impact on the Peanut Corporation of America brought awareness to members of the community by revealing incidents of PCA as it become known, brought awareness to consumers about the actions of PCA. Managers should be mindful of secondary stakeholders and express thoughtfulness in making ethical decisions. In general, both primary and secondary stakeholders embrace specific values and standards which govern anything that is deemed acceptable or unacceptable corporate behaviors (Ferrell, Fraedrich Ferrell, pp.32-33). Peanut Corporation of America was sued by American Candy Company after the FDA discovered in 1990 that Peanut Corporation of Americas peanut butter exceeded the FDA tolerance level for aflatoxin, a toxic mold (Blackwell, 2009). Another lawsuit against Peanut Corporation of America was brought by Zachary Confections, Inc. of Frankfort, Indiana in 1991 after a 40,020-pound shipment of nuts from Peanut Corporation of America was found to have an unacceptably high l evel of aflatoxin (Blackwell, 2009). Because of the unethical decisions made by PCA in January of 2009, all but three of the 46 employees at the Blakely plant were laid off (wsbtv.com 2, 2009). And on February 12, 2009 the Plainview, Texas plant, which employeed approximately 30 employees, was ordered to shut down by the state health officials (Relative, 2009). These employees, because of their assocation with PCA, lost their jobs. On Janaury 10, 2009, another primary stakeholder, the Solon, OH based King Nut Company, recalled its King Nut and Parnells Pride peanut butter brands that were manufactured by PCA to a distribution chain involving institutions such as hospitals, schools, restaurants and nursing homes (Ashcraft Gerel, LLP, 2009). Now PCAs insurer, Hartford Insurance has filed a lawsuit against PCA to determine if they are responsible for claims filed by victims of this nationwide salmonella outbreak and has asked the court to determine whether the terms of the companys policy exclude coverage for salmonella c laims, along with its obligation to Peanut Corp. (Lindsey, 2009). Peanut Corporation of Americas dishonest behavior seriously affected the primary stakeholders because of the unethical decisions made by the companys leaders and partners of the corporation. The unethical decisions as stated earlier by PCA negatively affected the lives of their employees by the loss of their jobs and the disgrace of being previously employed by PCA put employees in an insecure situation with potential employers. In this situation the people that were sicken, the people that died, the states that were affected, and the companies that had to recall products were all stakeholders in one form or another. Investors and shareholders who gave out money to PCA were also affected by the indiscretions of PCAs mismanagement. Executives and managers of PCA shared in a large gamble which impacted and changed the lives of many individuals and corporations both large and small. Peanut Corporation of America, the company at the center of the nationwide salmonella scare, filed for Chapter 7 in February 2009 (Miroff and Lyndsey, 2009). The filing of bankruptcy negatively affected its investors and shareholders. Others affected by the bankruptcy are secondary stakeholders; government, management agencies and the media. The government was negatively impacted in taxation because of plant closures in the form of income tax and lost sales tax because of lost product sales. The Peanut Corporation of America had its general liability insurance with The Hartford Casualty Insurance Company of Hartford, Connecticut. According to Simon (2009), PCA has $24 million dollars in insurance from The Hartford Casualty Insurance Company which is specifically dedicated to covering the food poisoning claims. The insurance coverage is broken up into two policy periods, 10/1/07 9/30/08 and 10/1/08 9/30/09 (Simon, 2009). The The Hartford Casualty Insurance Company rushed to court to limit what it might have to pay on lawsuits (Levick, 2009).They asked a federal court in Virginia to determine what the responsibility is on three years of policies that was issued to PCA (Levick, 2009). Legal analysis The Peanut Corporation of Americas lack of respect and nonconformity for the consumer protection laws was one of the key legal issues relating to the salmonella outbreak. That was one of the contributing factor that led them to be non-compliant with the law. Another, the corporations primary focus was that of making profit and showing complete disregard for consumers and the law thereof. According to Mundy (2009), PCA avoided taking necessary safety measures in safeguarding its facilities which resulted in leaking roofs. Not only did that PCA spend $60,000 in August 2008 to repair a leaky roof in the plant, Ron Simon a trial lawyer stated that the roof was already leaking bird feces before it was repairedà ¢Ã¢â€š ¬Ã‚ ¦, a clear indication that PCA allegedly failed to maintain proper conditions and practices conducive for managing safety protocols at their facilities (Mundy, 2009). Consumer Protection is government regulations to protect the interests of consumers (Lawyers.com, 2009) . The law refers to state and federal consumer protection and product safety statutes and regulatons that restrict or prohibit deceptive trade practices such as the Consumer Protection Act (Lawyers.com, 2009). The Federal Trade Commission is the main agency enforcing consumer protection statutes (Lawyers.com, 2009). It was established in 1914, for the purpose of supporting consumer protection to drive and control unfair or harmful business practices; it exercises consumer rights and prevents them from being swindled and aids against fraud and deception and enables consumers to make well-informed decisions about products and how they spend their money (www.ftc.gov). The state courts (and some federal courts) in the 1930s placed restrictions on the freedom-to-contract doctrine by establishing rules of public policy and doctrines of unconscionability and fundamental breach that allow the courts to interfere in contractual relationships (Brennan, Browne Kubasek, pp.772). Likewise, the Food and Drug Administration (FDA) established in the 1930s, as a part of the U.S Department of Health and Human Services to regulate products which accounted for approximately 25% of the U.S gross national prod uct. As stated by Rep. Rosa DeLauro, D-Conn. The companys actions can only be described as reprehensible and criminal, not only did this company knowingly sell tainted products, it shopped for a laboratory that would provide the acceptable results they were seeking. This behavior represents the worst of our current food safety regulatory system (KDKA2, 2009). The company had previously told the FDA that some lots of peanut butter had initially tested positive for the bacterium, then were retested and found to be negative before they were shipped. But further investigation showed that the company actually shipped some of the lots before the second tests were completed. Other lots were shipped without testing and, in some cases, no second test was performed even after the first one came back positive (Maugh and Engel, 2009). The company did not initially disclose that to investigators trying to solve the current salmonella outbreak (KDKA2, 2009). The FDA did not formally announce the new findings about the companys testing, but rather made small revisions Thursday to an online report about the investigation (Maugh and Engel, 2009. It was only when a Washington Post reporter discovered the changes and the news become more widely known (Maugh and Engel, 2009). Ethical Analysis The Peanut Corporation bottom line was to make a profit and not care about social responsibility to the public. The company continued to ship product they knew was contaminated. T he ethical behavior of the company and Stewart Parnell was to keep production going no matter at what cost. This transmitted a lack of morals and value by upper management by keeping their employees working and meeting their shipping demands. The company also continued to run his plants in an unclean manner which put consumer food safety at risk. There are three ethical perspectives that I will focus on as they exhibit both ethical and unethical behavior. The first being consequential theory, this theory brings out questions of moral issues. Under the consequential theory acts are judged ethically good or bad based on whether the acts have achieved their desired results and the acts are looked at as right or wrong on whether the results can be rationalized (Kubasek, Brennan Browne, 2009, p. 223). When examining the scandal of the Peanut Corporation of America the consequential utilitarianism school of thought can be applied. Stewart Parnell thought process can be viewed as being both ethical and unethical. The main issue in this case study was Parnell shipping products that were tainted. For the argument of ethics it could be assumed that Parnell was seeking the best interest of his company to obtain a profit. Parnells rational included keeping and production flowing and employees working while, the unethical can be argued that a desired outcome was not obtained as a result of the deaths and illnesses of consumers and inability for Peanut Corporation of American to remain in business. Parnell should have had a strategy in place that should have been customers first then his employees. The second ethical perspective is the deontological theory which is derived from the Greek word meaning ethics refers to moral philosophies that focus on the rights of individuals and on the intentions associated with a particular behavior rather than on its consequences (Ferrell, Fraedich, Ferrell, 2008, p.153). Deontological theory is also from the Greek word duty, in which actions can be judged ethically good or bad based on rules and principles arrived at by human reason regardless of the action and whether net happiness is reached (Kubasek, Brennan Browne, 2009, p. 225). Based on email that Mary Wilkerson sent to Stewart Parnell on June 6, 2008, Peanut Corporation of American used two outside laboratories for testing (Committee on Energy and Commerce, 2009). Because Peanut Corporation of American testested and re-tested their producted until they received the results they needed, this could be considered ethical or unethical. Ethical because Mr. Parnell needed to receive a neg ative result so that he could continue his production and shipping of his product. It also could be a means of the company double checking results for consumer protection. On the other hand because Parnell sent samples to multiple laboratories until they found their desired results of the product testing to be negative for salmnella poisioning could be considered unethical. An facet of the deontological theory is that a person should engage only in acts that he or she could see becoming a universal standard (Kubasek, Brennan Browne, 2009, p. 225). Another email sent to Sammy Lightsey from Parnell also shows Parnells unethical behavior. According to the email Parnell sent to Sammy Lightsey, he instructed Sammy to ship the tainted product by stating, okay, lets turn them loose then (Committee on Energy and Commerce, 2009). The third school of thought, humanist theory, where actions are evaluated as ethically good or bad based on whether they contribute to improving inherent human capacities as it pertains to intelligence, wisdom, and self restraint (Browne, Brennan, Kubasek, p.226). According to the USDA, Parnells previous position on the U.S. Department of Agricultures Peanut Standards Boards, which sets the quality and handling standards, intended to assure that satisfactory quality and wholesome peanuts are used in the domestic and import peanut markets (Keefe, 2009). Parnell was first appointed to the USDAs Peanut Standards Board in July 2005 and was reappointed for another term that would have expired in 2011 (Keefe, 2009). On February 5, 2009, the USDA announced that the new Agriculture Secretary Tom Vilsack had removed Parnell from the board (Akre, 2009). Mr. Parnells ethical behavior based on the humanist theory put him in a great position to help improve quality and handling standards for pea nuts grown and marketed domestically and imported. Parnells unethical behavior could be considered as a conflict of interest because he did not follow those standards within his own company, which caused his own plants to suffer miserably in unsanitary and unhealthy conditions. It is obvious that Parnell didnt have the understanding, Knowledge, intelligence or even discipline to run a processing plant. Contributing Factors The companys culture encouraged unethical behavior and did everything to undermine anything ethical, stemming from sanitation conditions from the beginning because of the history of the overall business operation and that of Mr. Parnells upbringing. David Brooks, a former buyer for a snack company who was familiar with the conditions of PCAs business operation (Layton Miroff, 2009, p.2). Brooks also noted that on three occasions in the mid 1980s, he inspected PCAs Gorman plant to determine whether to buy its peanut products and each time, he gave the plant a failing grade (Layton Miroff, 2009, p. 2). According to Brooks, It was just filthy; Dust was all over the beams, the braces of the building. The roofs leaked, the windows would be open, and birds would fly through the building . . . It was just a time bomb waiting to go off, and everybody in the peanut industry in Georgia, Virginia and Texas they all knew (Layton and Miroff, 2009). According to two former Blakely employees, one recalls opening a tote of peanuts at the processing plant in this small Georgia town and seeing baby mice in it. It was filthy and nasty all around the place, (Glover, 2009). Unethical behavior of upper management and Stewart Parnell were more concerned about profits instead of the lives of the consumers who were vulnerable to harm and the employees who were deliberately deceived about the true results of the contaminated products. The PCA Georgia Plant contributed to the sanitation problem. There were ethical issues throughout the plant that lead to the tainted products. There were peanuts stored next to the finished peanut butter (Smalley, 2009). The roaster they used was not calibrated to kill deadly germs (Smalley, 2009). Dispirited workers on minimum wage, supplied by temp agencies, donned their uniforms at home, potentially dragging contaminants into the plant, which also had rodents (Smalley, 2009). The roof of the PCA plant in Georgia leaked when it rained which is a big risk; given that salmonella thrives in water and the facility should have been dry (Smalley, 2009). The Federal officials in Texas did not even know PCAs Plainview facility existed until after they started investigating the Blakely plant (Layton Miroff, 2009). It was unlicensed and had been uninspected by the government for four years (Layton Miroff, 2009). This company has shown a manner of disrespect for the consumer right laws and obvious disregard for consumer safety that filtered from the top of the corporation down through management. The impatience of not waiting on the results of the test and conducting several re-test to obtain a favorable result was in poor judgment and a sure sign that problems were being ignored and standardized procedures were not being followed by these leaders. They were comfortable wallowing in filth and infestations within their food processing plants for thirty years. Thats a culture that will and did breed all types of legal and unethical problems that was bound to catch up with them. It seemed that they all lacked insight and did not think thoroughly about the results of their actions or to make ethical decisions. They may not have cared about the Consumer Protection Law but they should have been worried about Murphys Law. Ethical decision factors to consider There are three factors to be addressed relating to the ethical theories previously discussed in this case analysis. Based on perspectives of consequential theory where acts are judged as ethically good or bad based on whether the acts have achieved their desired results (Brennan, Browne, Kubasek, 2009, p. 223-224). Under the consequential theory this ethical issue reiterates Parnells actions for shipping products that he knew was contaminated, to keep production flowing and their plants making a profit. The company also had a lack of concern for the consumers health and management continued filling orders with tainted products. The golden rule, do unto others as you would have them do unto you, is the hallmark of the deontological theory (Brennan, Browne, Kubasek, 2009, p. 225). Under the deontological theory the ethical issue was lab shopping. Parnells persistence of conducting multiple tests in order to obtain results pleasing to his satisfaction without thought of the unforeseen consequences. The ethical decision factor to be considered in this situation is the need for ethical policies for quality control checking. All companies should have this process in place for products we consume. This way it wont be misinterpreted as lab shopping. And the third school of thought, humanist theory evaluated actions s good or bad depending on whether they contribute to improving inherent human capacities such as intelligence, wisdom, and self-restraint (Brennan, Brown, Kubasek, 2009, p. 226). Under the humanist theory the ethical issue was Parnells conflict of interest based on his previous held position on the U.S. Department of Agricultures Peanut Standards Boards. The ethical decision factors to be considered in this situation are showing little intelligence, wisdom or self-restrain, sitting on the board that he was clearly not qualified for. Recommended corrective action Outbreaks of salmonella are not unfamiliar to the FDA and Peanut Corporation of America was not the first company to be confronted with this issue. In 2005, a ConAgra Foods factory in Georgia was inspected by the FDA due to complaints about a salmonella contamination (Glover, 2009). Spinach contaminated with salmonella followed by peppers and tomatoes was the big scare of 2006 (Shvartsman, 2009). In June, 2009, Nestle Toll House cookie dough and 380,000 pounds of beef produced by JBS Swift Beef Company were recalled due to E. coli contamination (Shvartsman, 2009). Peanut Corporation of America filed for Chapter 7 bankruptcy protection and closed its doors and is now in legal proceedings (Miroff Layton, 2009). ConAgra can be considered the industry leader in setting examples for what should be done when product may be tainted. Therefore, there should be no reason why Peanut Corporation would not know how what to do in a situation such as this. PCA like ConAgra could have voluntarily issued recall voluntarily upon learning about the products which were tested positively for salmonella. PCA could have prevented this tragic end to its business and the lives of those lost if they had attempted to rectify the situation properly and address the root of the problems which were many. It may be too late for implementation of a corrective action for Peanut Corporation of America, but not too late for a corrective action for the remainder of the food processing industry. Food processing plants and warehouses should base their policies and procedures off the guidelines for food safety set forth by the Food and Drug Administration. As part of a new regulation, Obama administration is working on toughening food safety standards. A bill that recommends a proactive stance in preventing food contamination was approved by the House (Shvartsman, 2009). The bill will step up inspections of high risk facilities every six months, or at least once a year (Shvartsman, 2009). This change will dramatically lower food recalls. The final regulation will come in the fall when the Senate votes on the bill (Shvartsman, 2009). The House voted to empower the FDA to order recalls (Shvartsman, 2009). Food safety advocates have been lobbying Congress to give the FDA more regulatory power over the food supply, a vast and growing network crossing state lines and international borders (Shvartsman, 2009). As stated earlier PCA had plants in Georgia, Texas and Virginia. This new bill will provide the FDA the power to police companies that have locations in multiple states (Shvartsman, 2009). PCA was unlikely to remain in business given Mr. Parnells inherent behavior along with those who were a part of his management. PCA was unlikely to remain in business under the direction of Stewart Parnell. Parnells inherent behavior along with those who were a part of his management did not act in an ethical manner towards the community. Mr. Parnell consistently put profits ahead of public safety and acted in a manner that proved to be detrimental to society. Therefore, it can be concluded that PCA lacked business ethics and morals and how they portrayed the companys image and conveyed disregard for their employees and members of the community.
Tuesday, August 20, 2019
Helena Viramontes Miss Clairol Essay -- short story, Miss Clairol
Helena Viramontes' short story, "Miss Clairol," takes the reader through a day in the life of Arlene, a single Hispanic mother, and her daughter, Champ. They begin their day at K-Mart in search for just the right beauty products for Arlene because she is going on a date that evening. After leaving without paying, they spend the day at home. Arlene prepares for the date while Champ assists her, watches television, and fixes herself dinner. Once Arlene is sufficiently fixed, she leaves for the date, ignoring Champ as she yells goodbye. Although I had to read "Miss Clairol" all the way through several times in order to develop a full understanding of the story and its purpose, I needed no extra reading to understand Arlene and my feelings about her. From the beginning of the story, my gut reaction to Arlene was disgust, and as I continued to read, my distaste only enlarged. Although I do not feel that Viramontes' sole purpose was to disturb the reader by her characterization of this sin gle mother, that was what kept my attention from the moment she was introduced. My dislike for Arlene began with the mere description of her physical appearance . When Arlene is first presented, she is depicted wearing "bell bottom jeans two sizes too small" and "a pink strapless tube top" (78). Not only do her clothes fit improperly, but "her stomach spills over the hip hugger jeans" as well (78). I next realized Arlene is accompanied by her young daughter, Champ. I was caught off guard by her blatant use of profanity in front of Champ. For example, she responds to Champ's question about which Miss Clairol box to grab saying, "Shit, mija, I dunno," and after dropping a gum wrapper on the ground, the simple comment, "Fuck it," expresses her nonchala... ...e next man is so far from romantic in the way I understand the concept, that it angers me to hear about it. Arlene's misunderstanding of romance epitomizes my serious dislike for her. My experience with good parenting and romance is so opposite of Arlene's parenting and ideas of romance that I am repulsed by them. Because it is so easy to develop set ideas of what is right and wrong concerning these concepts at such a young age, it is difficult to rid myself of the biases now that I am a young adult. These cultural biases that created the lens through which I read this story strongly affected my perception of Arlene in a way that no one else can experience. Work Cited Viramontes, Helena. "Miss Clairol." Literature and Gender: Thinking Critically through Fiction, Poetry, and Drama. Eds. Robyn Wiegman and Elena Glasberg. New York: Longman, 1999. 78-81. Print.
Monday, August 19, 2019
Bisphenol A in polycarbonate is not a Serious Hazard to Human Health Es
Is the Bisphenol A in polycarbonate a serious hazard to human health? Abstract: Polycarbonate, which is a polymer plastic, is found in many bottles and food packaging around the world. However, because Bisphenol A is used in the processing of it, there is a potential danger to humans. Bisphenol A is a molecule that is a hormone inhibitor and also mirrors the function of estrogen. Although the EPA has released a safe level for Bisphenol A ingestion, recent research has shown that those levels may not be safe for humans. Until further testing is done, scientists aren’t certain of the threshold of BPA intake in humans before dangerous health effects occur. Polycarbonate of Bisphenol A is a thermoplastic polymer that is easily shaped, worked with, and transformed. It has become a popular plastic for manufacturers to use, and they have been under fire recently for making bottles and food packaging out of this possibly potent material. Polycarbonate has the recycling number 7 and usually the letters PC. It contains multiple functional groups linked together by carbonate groups in a molecular chain. In the structure of this repeating molecule, there are the carbonate groups and methyl groups. The polycarbonate of Bisphenol A (BPA) is different from the others because it is processed using that molecule. The synthesis of this type of polycarbonate is as follows: 2 Bisphenol A and sodium hydroxide react to form the sodium salt of Bisphenol A. http://pslc.ws/macrog/pc.htm Then, this molecule is reacted with phosgene. Phosgene was once used as a chemical weapon in World War I, but now is an important component of organic compounds. The molecular formula of phosgene is Cl2CO. http://pslc.ws/macrog/pc.htm Final step in... ...and dose dependency of the pharmacokinetics and metabolism of bisphenol A in neonatal sprague-dawley rats following oral administration. 77(2): 230-242. Elsby, Robert, James Maggs, John Ashby, and Kevin Park. "Comparison of the Modulatory Effects of Human and Rat Liver Microsomal Metabolism on the Estrogenicity of Bisphenol A: Implications for Extrapolation to Humans." Journal of Pharmacology and Experimental Therapeutics 297 (2001). LeGrand, Donald. Handbook of polycarbonate science and technology, NY, 2000. NTP BRIEF ON BISPHENOL A. Rep.No. 80-05-7. National Toxicology Program. 2008. "Plastics chemical bisphenol-A may promote breast cancer." 28 Aug. 2006. 25 July 2008. . â€Å"Polycarbonates†25 July 2008.
Sunday, August 18, 2019
Missouri Compromise Essay -- essays research papers
Missouri Compromise The Civil War, which lasted from 1861 to 1877, was mainly caused by the diverging society between the North and the South. The North and the South had different goals. There were many factors that led to the war and the chief ones were political and economic differences between the North and the South. The North’s aggression to control the South had led to the point where it was intolerable. The issue on slavery was one of the causes of the Civil War. Slavery and slave trades had become a big part of the South’s economy. The slaves were needed to work on plantations which helped the South prospered. During the 19th Century, the North worked hard on abolishing slavery, which they thought was a disgrace to the Union. Compromises were proposed working toward an end to slavery. One of the compromises was the Missouri Compromise, which made Maine, a free state, and Missouri, a slave state, excluded slavery from Louisiana Territory and everything above the 36 30-north latitud e. Other compromises such as the Compromise of 1850 did please both sides. The Compromise included admitting California as a free state and interstate slave trade to be abolished, which went in favor of the North. The Compromise also went with the South when it included stricter fugitive slave laws and New Mexico and Utah were created without slave restrictions. A book called, "Uncle Tom’s Cabin" was also published at this time emphasizing the evils of slavery. This added tension...
Saturday, August 17, 2019
Project Success Factors Essay
The research on project management has been studied for decades. Many scholars and managers put great efforts into finding out what can influence project success. Through their continuing work and precious experiences, what factors dominate the success of projects is well documented in literature. The use of these guide texts can help project managers to deal with difficult tasks. Moreover, it is unanimous consensus that project critical success factors are necessary for management team to achieve project objectives and ensure success. If they are well considered and addressed, then it is more likely that a project would have more successful outcomes. On the other hand, if these factors are not rigorously taken into account, then may lead to the failure of a project. However, it is sophisticated to implement all success factors which usually involved in a broad aspect of knowledge, skills, tools and techniques. Furthermore, during the whole project life cycle, the key factor determining success or failure often varies in different project phases. In real practice, different elements contributing to the project success interact with each other. They are integrated rather than segregated. Therefore, managing a project is a challenge. Even though the approach of managing a successful project is well documented, it is extremely hard to apply in practice. In addition, there are many other elements can affect the success. When working on a project, social, economic and environmental effects should be considered. This discussion paper aims to distinguish the differences between project and project management success and find out their relationship. In addition, why the success factors often ignored in practice and other social impacts which may influence project success will be discussed. Definition of project and project management In order to discuss what factors can affect the project being successful, we have to understand what a project is and what the project management is. In A Guide to the Project Management Body of Knowledge (POMBOK Guide, 2000), a project is defined as â€Å"a temporary endeavor undertaken to create a unique product, service, or result. The purpose of the project is to attain its objective and then terminate. †Temporary and unique are the standard features of projects. Temporary does not mean a short period of time. Some projects may last several years. It can be comprehended as every project has a beginning and will be terminated when it meets objectives. Each project is unique because it is a creative activity which has not been done. For example, the construction of a stadium is a project. Though there are thousands of stadiums in the world, each of them has different location, design and owner etc. The POMBOK Guide (2000) defines the project management as â€Å"the application of knowledge, skills tools, and techniques to project activities to meet project requirement. †The management involves a wide range of work including scope, time, cost, quality, human resource, communications, and risk management. Munns and Bjeirmi (1996) mention some differences between project and project management. Project can be simply defined as a task which can benefit a company. In contrast, project management focus on planning and controlling the process to accomplish the task on time, within budget and high quality. Project and project management success Defining project success is complex, because projects feature in unique, every project success is measured in different ways. Wit (1998) makes a definition that â€Å"the project is considered an overall success if the project meets the technical performance specification and/or mission to be performed, and if there is a high level of satisfaction concerning the project outcome among key people in the parent organization, key people in the project team and key users or clientele of the project effort. †This means the type of a project determines the most important factor which affects project success at the most extent. For instance, if a project is urgent, like the Beijing National Stadium which must be completed before 2008 Olympic Games, the critical factor is considered to be time. In this case, the increase of cost can be slightly overlooked. Measuring the success of project management has many success criteria. Atkinson states that the early definition of project management success is mainly determined by achieving â€Å"The Iron Triangle†including cost, time and quality, which used by Oisen from the 1950’ and continue to be used today (Atkinson, as cited in Oisen, 2009). Atkinson also mentions that using â€Å"The Iron Triangle†to measure the success of project management as a discipline has not changed in almost 50 years. Even if project managements meet the success criteria, cost, time and quality, there are many projects continue to be failed. The author suggests using the â€Å"Square Route†instead of the â€Å"Iron Triangle†. That is because the â€Å"Iron Triangle†only takes the limited measurement into consideration but ignores the effects on the stakeholders. This means a successful project has to balance the benefits of organizations and the satisfaction of stakeholders. As suggested in the â€Å"Square Route†, different groups of people who can receive benefits from the projects are engaged in the measurement of success (Atkinson, 2009). Why project critical success factors often ignored in practice? What factors can influence project success is ubiquitously documented in literatures. However, when using it, one may find out it is difficult. For one thing, it is important to distinguish the differences between project and project management success. That is because sometimes they differ in objectives. A success project may accompany by successful management. However, they are not necessarily directly related. According to Wit (1998), although being managed on time, within budget and quality are the primary objectives in literature, many projects which have not be completed on time and within budget are still deem to be successful. In some case, well-organized management can make a contribution rather than ensure the project success. Some projects failed caused by confounding the success of project and project management. For another, to measure the success of project, the most important criteria are achieving the project objectives. In different types of projects, project managers have to make a first decision to identify the main goal. However, there are plenty of objectives involve in a project. In spite of cost, time and quality, all stakeholders should be considered. Therefore, it is a challenge to find out the most valued goal. Furthermore, each project has a distinguishing feature which cannot be easily identified by using literatures. In other words, there are no universal principles using in practice. Normally, managers should make some changes to find out more flexible and reasonable work when applying theoretical knowledge to real uses. Finally, the primary goals often vary during the whole project life cycle. Wit (1998) gives an example, an oil-field development project, to demonstrate the changes. In the exploitation stage, the primary objective is to find a site having a lot of oil reserves can be practically exploited. Then developing the oil-field in a cost efficient way becomes the key point. In the last place, improving productivity plays a significant role. The change of main goals will affect the critical success factors in different project phases. The most important factor is not set in stone. It is essential for the project management team to be well aware of these variations and make the appropriate adjustments. Other effects on project success Despite the interaction between successful management and project, social impacts, to a certain extent, influences the success project and management. As the increasing growth of international cooperation, the project management frequently engages in western and eastern cultures. Better understanding different cultural background will contribute to improve the likelihood of project and management success. Culture is defined as â€Å"the beliefs, way of life, art, and customs that are shared and accepted by people in a particular society†(Longman Dictionary, 2009). People living in different civilization hold a different psychological perception of wealth, time and social life etc. Those values can lead to a project management fail if they are not well-considered in managing a cross-culture project. It is obviously that language barrier is one of the significant difficulties in cross-culture project management. Nevertheless, social and political activities play an important role. Ballow (2005) state that â€Å"understanding international socio-culture issues encountered in business is essentially at the heart of the issues companies will encounter in globalizing operations. For instance, China with the rapid growth of economy becomes a huge market that many international companies intend to invest in. However, the new market requests a higher demand, the understanding of Chinese style of management. According to Pheng and Leong (2000), in contrast with western cultures, Asian people prioritize personal relationships with their business partners. They tend to avoid speaking problems out directly, in order to keep harmonious atmosphere during negotiation. Pheng and Leong (2000) mention that project managers working on international operations have to develop effective communication and interpersonal skills. What is more, they need flexibility and adaptability to work with others who behave in diverse cultures. Many international organizations ignoring cultural differences have paid the price. With the increasing international cooperation, a project manager needs to understand the cultures of their project stakeholders. Conclusion It is safe to draw a conclusion that there is not a universal approach to measure project success. Key success factors are depended on project itself because each project is unique. Project critical success factors are well documented in literature, however it is too complex to implement and balance all of them. Successfully managing a project can improve the likelihood of project success but it is not necessarily directly related. Nevertheless the key factor often changes through the whole project lifecycle. In addition, social environment affects project success in a certain degree and sometimes it plays an important role. Consequently, critical success factors are often ignored in practice these difficulties. Having flexibility and adaptability is crucial for managers to make adjustment in doing practical project.
Friday, August 16, 2019
Culture And Climate Essay
In this paper a relationship between culture and climates is discussed with a focus on the southern California hunter gatherer societies. When there is a climate change the society will have to change their way of life in order to cope or else the change of climate could end up affecting the society adversely and even claiming life. Some of the change that occurs in the society due to climate change is that of food that is being eaten. Change in climate also could mean the people adapt to a new dressing code because of the increase or reduction in the temperatures. The effect of climate change will have a varying effect on the communities depending on whether they are gatherers/hunters or agriculturalist. When there is rain reduction the effect will be felt more by the agriculturalist than the hunters as much as all of them need the rain. When there is lack of rains some communities end up being violent as they fight for the few resources like pasture and water points. A good example of such an experience is the massacre that occurred at the Craw Creek whose evidence was the mass grave that was found with the remains of 486 individuals who had been mutilated. The attackers it is believed that, they made the attack because they were desperate due to lack of food as a result of climate change. When the society has a fear of being attacked they will always prepare for war. The society starts training the young people on how to fight and protect the community wealth. The community which has a tendency of being involved in wars will have its members having the skills of making weapons. They will also be involved in trade with other communities in order to sell or buy weapons. Some of the communities in Southern California like Chumash had other ways that they used as adaptation means to climate change that brought about severe droughts. This community adapted to using of a variety of plants and animal food such that when the climatic conditions were unfavorable they could resort to the use of the less preferred food which could be available at the time and these could help them avoid starvation. The communities learnt skills of storing food to avert effects caused by short term climatic changes. These community stored acorns, had skills of smoking and drying of fish, they dried seeds in addition to having the skills of constructing indoor and outdoor storage facilities. With enough food stored the community was able to support a dense population throughout the year including the years when there was little harvest. Different species of crops and varieties perform differently in same climate change. This also applies to the different tamed animals. There are some crops that will give a very low harvest or none at all when there is a change in climate while others survive in different climatic conditions. When communities are faced with unpredictable climate condition they resort to farming of different crops so as to survive harsh climatic conditions as seen from the case of the Chumash people. Water is a resource that becomes rare whenever there is extended droughts and as a result the communities which live in areas that are prone to droughts always have a culture of storing water. The Chumash people can also serve as an example in this area as research has shown that they had storage facilities to ensure there was supply of water for their use during the drought period. Their most common storage vessel was an asphalt interior lined water bottle. Due to the fact that asphalt preserves well, the evidence of the water bottle use and manufacture by the community is clear. The communities that were neighbors to the Chumash like Cahuilla and were in the desert regions had the skills of digging wells as way of adapting to the desert conditions. Exchange which was practiced among the Chumash is also seen as a way of the community trying to cope with the environment they new to be unpredictable. By the time of arrival of the Spanish the society was involved in exchange of prestige goods which partially had support of marriages that were so extensive that there was linkage of different ecological zones. There was a variety of goods that were being traded among the adjacent regions and these included foods, raw materials, manufactured goods and other goods. With the community involved in trade chiefs and other individuals who were powerful amassing a lot of wealth to themselves which was in form of prestige goods, a lot of food that was in storage facilities, shell beads which was being used as currency and canoes. This also brought about the emerging of network systems that were very powerful which involved ceremonial feasts. The use of prestige goods is believed to have been adopted as a form of social storage over thousands of years as a response to recurring droughts that challenged steady supply of required resources of the Chumash society. Reference Lynn H. (2005). Culture and Climate: Reconsidering the Effect of Palaeoclimatic Variability among Southern California Hunter-Gatherer Societies. World Archaeology, Vol. 37, No. 1, retrieved on 27TH April 2009 from: http://www. jstor. org/stable/40023887
American Jury Trial System
The American jury trial system places twelve citizens in power to hear the sides of the accused and the complainant and decide what verdict should be given for the case. It has been estimated that the United States of America accounts for ninety percent of all jury trials in the world. The system adapted the different trial systems from the Egyptian, Greek, Roman, and European jury customs (Nineteenth Judicial Circuit Court). The goal of this paper is to analyze and assess the American jury trial system and to be able to identify to what extent it can be improved.First, let us discuss about the system’s history and evolution. England had an uneven system of juries during the time of Alfred (871-901 A. D. ). Representatives of the tithing were brought jointly to fix on the questions set prior to them. While statement of witnesses did initiate to emerge, when Alfred died, the system collapsed. The Normans used the Saxon court system; including the appeals to the King, legal witn esses and ordeals; unraveling the secular and religious courts and selected â€Å"circuit†judges to embody the King all over the country.In addition, trials were introduced through warfare (Nineteenth Judicial Circuit Court). Moreover, it is the Norman England that which instituted the fundamentals of modern jury system. The system gradually developed for cases wherein trial by combat was inappropriate. Restricted residents were brought to court to decree on matters they had beheld. In the 12th century under Henry II, the use of juries had increased. The defendants were offered to choose from trial by jury or by combat. Then, in the reign of Edward III, the characterization of jurors started to shift.And, by the end of the 15th century, a jury is no longer a group of witnesses but a body that examined the statements of witnesses and necessarily convicts a criminal in a trial with a unanimous decision (Nineteenth Judicial Circuit Court). More evolution and development happene d in the jury system between the 15th and 18th century. When knighthood wasn’t a necessity for a juror anymore, trial by â€Å"peers†turned out to be more valid. Professionals and experts started to be used as witnesses and exemptions from jury duty were continuously developing, e.g. Quakers, who couldn’t pledge to oaths. For cause at common law indicates that the exemptions of being a juror include: having served on the accusing jury; being a serf or servant; being convicted of certain crimes; having a relation with one of the parties or the sheriff; or stating his opinion of the case in public. Eventually, calling of witnesses by the defendants and cross-examining of witnesses by the defense counsel were tolerated (Nineteenth Judicial Circuit Court).Throughout the American colonialism, the jury became one of the emblems of revolt against the king of England. The colonists mainly protested about refutation of rights established to all other Englishmen as well as the right to a jury trial as guaranteed by the Magna Carta of 1215. An example of quotations in the Magna Carta state that â€Å"the Common Pleas gatherings shall not follow the imperial court, but be held in some definite area†, and â€Å"the juries shall be composed of honest men of the neighborhood†(Nineteenth Judicial Circuit Court).Magna Carta has been the basis of many essential concepts of law in America. In over one hundred decisions, the US Supreme court has traced the reliance on Magna Carta for the understanding of suitable practice of law, trial by jury of one’s peers, the significance of a prompt and unprejudiced trial, and defense against bail or fines or cruel and unusual sentence (The Baronial Order of Magna Carta). However, trial by jury wasn’t absolutely deprived of to the explorers.In 1607, Virginia Company established the Jamestown that mentions the right for jury. In New York, John Peter Zenger was proven innocent by the jury in t he libel case in 1735 after verifying that his writings about the governor were factual. In settling a verdict, Virginia jurors had an enormous autonomy. The British Vice-Admiralty courts had made the rage of the colonists rise (Nineteenth Judicial Circuit Court).As a result of these disagreements of inequality and the abrogation of rights, the colonists incorporated in their earliest documents pledge of the right to trial by jury which includes: The First Congress of American Colonies in 1765; The First Continental Congress in 1774 (declaring that the colonies were unconstrained to the common law of England as well as to have an equal access to trial by peers of the vicinage); the 1787 United States Constitution, and the 1897 first ten amendments.The US Constitution and the ten amendments were products of Thomas Jefferson’s complaints against King George in the Declaration of Independence such as obstruction of administration of justice due to refusal of his Assent to Laws f or confirming Judiciary Powers, denials for Trial by Jury, and transportation of defendants overseas for trial (Nineteenth Judicial Circuit Court). And today, according to the Sixth Amendment to the U. S. Constitution, an individual has a right to undergo a fast and public trial by an impartial jury in cases of criminal prosecutions.He has the right to know the nature and causes of the allegation; to be confronted with the witness against him; and to have compulsory process for obtaining witness in his favor, and to have the Assistance of Counsel for his defense (USINFO Database). Due to some criticisms against the American jury trial system, several major changes have occurred in the past decade which includes: reduction in size of the juries; the discarding of the unanimity rule; and the exemption rules. So what kind of trial system does America has today? Let us discuss how trial systems work.In the United States, there are two kinds of juries: the Petit jury, and the grand jury. Petit jury, which is composed of five to twelve members, hears criminal and civil cases. The regular jury trial lasts for about one two days, but some takes longer (Watson). During the trial, lawyers of the same parties question witnesses to support their arguments and serve as proofs. They also make opening and closing remarks to the jury (Watson). Then, the judge makes a final statement to the jury, explaining the laws that preside over the resolution the jury must construct (Watson).Juries conduct a confidential meeting to arrive at a certain judgment. Most states require a unanimous decision while few states consider a majority vote. If the jury fails to reach a verdict, it is called a hung jury (Watson). In a grand jury, the panel is composed of as much as twenty-one members. There are two kinds of grand jury in the American law: the charging grand jury and the investigatory grand jury. The charging grand jury decides whether a case should be brought to court only if there is sufficient evidence against the accused person (Watson).In the investigatory grand jury, the jurors are asked to approve efforts to gather evidence furtively. This kind of grand jury is also used against government officials who happen to be accused of wrongdoings (Watson). Jurors are being chosen lists of voters or automobile drivers wherein they receive questions through mail. People called to jury must be an American citizen, can understand English, no physical or mental disability, etc. (Watson). A judge asks more questions as well as the lawyers from the two parties to determine whether they can be good members.In most cases, the ones who seem most sympathetic are chosen which is claimed by other to be not fair at all (Watson). Supposedly, jurors should not form opinions or must have little knowledge about the case before the trial begins; however, it is difficult to find people like that (Watson). Before, if the accused is proven guilty, he is sentenced with death. So the jury serves as the savior of the defendant to prove that he is innocent of the crime accused to him. But as time goes, evolutions and developments had come.As a well known procedure today, the juries are the ones who decide whether someone is guilty or not through a due process under a trial system. Juries examine the truth and falsehood of a testimony and the facts presented. The judge will then establish what penalty should be given. In Arizona, the judge decides between life or death sentences and reserves that decision for the jury. However, the judge has the power to refuse the jury and ease the sentence from death to life if he wanted, but this has not come about yet in a real trial.The story of the jury, from its ancient origins to its role in the current justice system today, reflects the historical movement toward popular self-governance. It also illustrates the gradual expansion of individual rights to all members of American society. Jury duty can be serve as an education; th e people employs the law so they must learn to understand what it is and how it affects the case brought to them. On a personal note, it seems that the modern system works poorly. There exists numerous trials and most of them are for minor offenses which could have been managed in a well-organized manner.Moreover, court calendars are overloaded, which causes delays before an accused individual is brought to trial. Some public defenders cannot give accurately valuable support to the underprivileged people whom they serve because of overwork. There are also public prosecutors that enter into entreaty bargains that frequently punish those accused of minor crimes while those with serious felonies receive minimal penalties (USINFO Database). There are also some people who question the effectiveness of the jury in determining the truth.In recent years, the competence of juries has been attacked by judges, lawyers and laymen who claim that juries fail to base their decisions upon legal pre cedent. They contend that juries base their decisions upon emotion; they are unable to understand complex evidence or legal theories and they ignore the law in reaching what they consider to be an equitable verdict. Legal reformers believe that eliminating juries can improve the quality of trial verdicts and decrease both the cost and time involved with litigation.In earlier times, the panel members are all from the same neighborhood who knows both parties as well as the facts about them so that they can come up with fair and just decision. But now, juror panels are chosen from voting lists of jurisdictions that comprise hundreds of square miles and surround millions of people. The jurors hardly ever know the accused, and if by chance they do, they would not be allowed to be included in the panel to avoid bias assuming that personal acquaintance with one of the parties involve may affect their judgment.In deeper cases that involve issues about economic and accounting issues, some qu estion the ability of an average citizen to really understand the issues. For example in charges of stock manipulation and fraud, how much knowledge to these jurors has to fully examine the case and give the proper judgment (USINFO Database). It’s like having a cooking competition in which the judges came from the engineering field or other field irrelevant to the subject. Are there better criminal trial method?In Great Britain, where the trial of jury rooted, the use juries in civil trials accounts only one percent while the criminal trials accounts five percent only. A system called â€Å"bench trials†involves a single judge or a panel of judges without a jury to hear the case. This system takes less time, cost less money, and since it is unrestricted and may be assessed by appellate courts, it is well thought-out by many to be just and well-organized. In addition, in cases involving complicated matters of law, judges are more equipped to make a determination than s ome commoners or layback persons (USINFO Database).In effect of such considerations, in the area of civil law in the USA, movements towards unprejudiced settlement continually grow, wherein the parties agree to be bound by the verdict of a neutral outsider. Arbitration is faster (no delays caused by overfilled court calendars), fair, and it allows the parties to have the decision made based on the rules of the marketplace if business involved (USINFO Database). Some criticisms also involve issues that divide Americans in general such as race and wealth. Corruptions and racisms can not be totally eliminated. In reality, there are actually people who consider skin colors in making a judgment.Bias is all around. Moreover, there are people who accept payments to settle on the decisions. Influential and rich people often make use of their wealth to control different negotiations, and justice is one of those. However, even if the trial system is not by jury, such circumstances can never b e avoided, no matter what criminal trial method is used. Lastly, juries are charged of disreputably inconsistence. They can even disregard the law when they come to a decision that a defendant had a good raison d'etre to do what was done at all, or they can be controlled by devious lawyers (USINFO Database).These criticisms are based in fact and are true in some measure. Actually, the American systems of criminal and civil justice nowadays rely on a diversity of forms including bench trials, and arbitration. In addition, good police work often yields such a credible amount of proofs that suspects will appeal accountable without a jury trial. Emotions are also one erratic weakness of a jury system that relies on the decisions of ordinary citizens, thus result in ignoring the law. Moreover, there had also been an incident of â€Å"jury nullification†due to the belief of having unjust laws.Before the American Revolution, local juries rebuffed to condemn their neighbors accused of smuggling because they thought that the English trade and navigation are unjust (USINFO Database). What suggestions can I offer to further improve the jury trial system in America? I have read about the book written by Steven Adler entitled â€Å"The Jury†. He suggested some main points for the reform of the trial system. I agree to his suggestions for a better justice system. One of his points is the elimination of exemptions. In some states, certain categories of workers are excused from jury service which is not fair.If jury is an obligation and a right to all American citizens, then everyone must be given a chance to undergo qualification testing regardless of race, employment, and wealth (American Bar Association). Make a â€Å"one-day, one-trial†plan or similar procedures to make services less time-consuming. In this procedure, prospective jurors who are not selected for a case should be dismissed after their first day of service (American Bar Association). E liminate or at least severe limitations on unconditional trials. Organize the system well, to avoid wasting of time, effort and money (American Bar Association).Educate the jurors well, and give them better instructions and make them fully understand their role, the differences between argument and evidence, steps in a trial, and much other relevant information at the beginning of trials. The future of the people involve depend on the hands of the jurors. It is not good that someone will be given a wrong judgment or verdict just because the people who decided and examined his case have very little understanding and knowledge about the process and the case as well (American Bar Association).Permit jurors to take notes to better study the case (American Bar Association). Provide mechanisms to enable jurors to suggest questions for witnesses during the trial and to receive clarification on points of law (American Bar Association). Lastly, the judge should provide instructions which are shorter yet clearer for the jury just before they deliberate to avoid confusions about the case (American Bar Association). Different countries have different trial systems though they are somehow the same in some instances.Let us discuss the different procedures of trial systems in different countries. In Brazil, according to their constitution, all cases of first degree murder must be judged by juries. However, there are cases wherein authorities are judged by judges even if it falls into first degree murder: only crime that makes use of juries in this country. Jurors vote confidentially whether the accused is guilty or innocent of the crime, then the majority’s decision will be considered the final judgment. In France, the same jurisdictions are implied.The jury sits on an equal footing with three professional judges. The jury and judges first consider the questions of guilt. Then if applicable, they consider the penalty to apply (Did you mean Database). The jury trial sy stem in Spain is not traditionally established but when Franco’s dictatorship had ended, their constitution was reformed and finally legislate the jury trial system. There are also some countries which don’t use a jury system such as the Philippines wherein a court system is being applied.Here, only one person called the Court Judge hears the case and decides whether a person is guilty or not, and what appropriate penalties should be given to the proven guilty suspects. In Germany, jury trials have been abolished on 1924 due to perceived unjust verdicts given. The German criminal justice contrasts sharply with the American system in many ways. Likewise in America, the states in Germany are responsible for the administration of criminal justice; however, Germany has a single national code of criminal procedure and a unified court system.The police and prosecution are state-level rather than local agencies. There is no death penalty, and sentences for either major or min or crimes are considerably lower than in the US. A judge decides in minor cases whether the accused is innocent or guilty. In more serious cases, a judge and two lay members are involved while in the most serious cases, a panel of three judges and two lay members which requires at least two-thirds vote give sentences. Some people would like to abolish the jury trial system in America due to many criticisms that is being thrown to the process.However, elimination of trial by jury due to perceived defects in the system will hinder against democratic government itself. Bench trial or arbitration can be a good option, but for many, the only hope of establishing their innocence is to go before a jury of their peers, where the state must establish the issue of guilt â€Å"beyond a reasonable doubt†(USINFO Database). Jury service continues to provide the sense of responsibility and participation of the citizens because nowadays, as society grows more complex, average citizens are g rowing disconnected from the government (USINFO Database).It seems that participating in a trial as part of the jury is as essential as voting for national elections to practice your right and privilege as an American citizen. A free and fair trial by a jury of one’s peers remains a critical right of the people, for the two parties and the panel members as well. So it is very important that the jury system should improved more and be more organized. Moreover, jury trial system in America may not be perfect and ideal; however, it is still seen as the best means for making certain that the strictness of the law can be shaped to integrity and justice in any definite state of affairs.The key for a fair judgment and sentences is more improvements and developments for the whole system. In earlier times, changes in the constitution regarding the trial system were based upon experiences and different situations that have been brought to court. There are still more rooms for improveme nts. Many more cases will be brought to court, and hopefully, better changes can improve the whole system for the benefit of all American citizens. Works Cited American Bar Association. Trial by Jury. 25 November 2007 < http://www.abanet. org/publiced/lawday/talking/jurytalk. html>. Did You Mean Database. Jury. 26 November 2007 < http://www. did-you-mean. com/Jury. html>. Nineteenth Judicial Circuit Court. Origins and Foundations of American Courts. 24 November 2007. USINFO Database. Rights of the People: Individual Freedom and the Bill of Rights. â€Å"Chapter 7: Trial by Jury†25 November 2007 . The Baronial Order of Magna Carta.Magna Carta and the American Law. 26 November 2007 < http://www. magnacharta. com/articles/article04. htm>. Watson, J. This is America-the Jury System. 09 May 2004. Voice of America. 26 November 2007 < http://www. voanews. com/specialenglish/archive/2004-05/a-2004-05-09-1-1. cfm>. Hans, V, & Vidmar, N.. Judging the Jury. May 1987. JSTOR Page. 26 Nov ember 2007 < http://links. jstor. org/sici? sici=0026-2234%28198704%2F05%2985%3A5%2F6%3C1240%3AJTJ%3E2. 0. CO%3B2-1&size=LARGE&origin=JSTOR-enlargePage>.
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