Tuesday, August 6, 2019

Zara and H&M Essay Example for Free

Zara and HM Essay Zara History of Zara Marked as the first prestigious venture of the Inditex group the first store of Zara, the chain of Spanish fashion stores came into reality on central A Coruna Street in 1975. In 1985, Amancio Ortega integrated Zara in a new holding company, Industria de Diseno Textil, INDITEX S.A. The Zara fashion concept was well received by the public later in 1976, allowing it to expand its network of stores to the other main Spanish cities. During 1981-1988 with the growing popularity Zara started new ventures by multiplying in number not just in Spain but around the world. In 2003 enjoying being the eye candy among the fashion followers Zara entered the home furnishing market by opening the first Zara home store. Everything else is a history; today Zara is present in 73 countries, with a network of more than 1,540 stores, ideally located in major cities. Its international presence clearly shows that national frontiers are no impediment to sharing a single fashion culture. Product Design Zara’s unique approach to product development is instrumental to their success. Zara gives store managers significant autonomy in both determining the products to display in their stores and which to place on sale, and relaying market research and store trends back to their headquarters in La Coruà ±a. At headquarters there are teams of commercials who take this information into account to design and effectively plan and produce all of  Zara’s products. Zara maintains a design team of 200 people, all of which produce approximately 12,000 new styles per year for Zara. The process of obtaining market information and relaying it to design and production teams expedites product development by shortening the throughput time of a product to 3-4 weeks from design to distribution. This process is very different from its competitors. Many competitors rely on a small elite design team that plans both design and production needs well in advance. Stores have little autonomy in deciding which products to display or put on sale because Headquarters plans accordingly and ships quantities as forecasted. Zara’s speed to market in product development exceeds the capabilities of its competitors. This in itself provides additional value to stakeholders, customers, and stores in producing quality clothing at affordable prices .Zara’s product development capabilities are essential to Zara’s business strategy and future success. Advertising and Marketing Zara’s unique approach to advertising and marketing is an additional factor within their business model that adds to their success. Zara spends 0.3% of total revenues on advertising and marketing. This is significantly less than their competitors who on average spend 3-4% of their total revenues on similar expenditures. Hence, Zara maintains a cost advantage to their competitors in marketing activities. In order to effectively complete with their peers Zara uses location, store layout, and product life cycles to act as their marketing tool to consumers. For instance, Zara strategically locates all of their stores in prime retail districts for visibility marketing. Additionally, because of the product development cycles mentioned earlier, customers are trained to visit Zara stores often because new items are presented weekly and are often not restocked. This feeling of scarcity encourages customers to come to the stores and buy frequently. Lastly, in order to keep the stores looking fresh and trendy; Zara invests heavily in their store layouts. They have a testing facility nearby their headquarters in Spain where different types of store layouts are tested. Each Zara store is remodeled every 5 years in order to keep up with current trends. Zara does not invest heavily in direct marketing, though their efforts in  image/brand marketing do a great deal to attract a loyal customer base. Their cost advantage and ability to maintain brand recognition and customer loyalty are essential elements of Zara’s capabilities that build value in the company. The success path Segmentation, Targeting and Positioning * Positioned as a fast fashion brand globally, Zara, targets the mid-market. * Zaras core TG in the country consists of people familiar with the brand much before it entered the country. They are well travelled and aware about global fashion trends * High import duties ensure that the pricing of Zara remains premium * Does not invest in advertising, and largely relies on PR * It has clearly chosen the locations high-end malls where its core target group, that is, the upper middle class is surely present Zaras Strategy for Growth and Positioning Zara believes in Zero advertising. It would rather spend on store expansion than to advertise. However, the minimally advertise in fashion magazines. The rationale behind this is the quick turnaround of store display, which is around 4 weeks, which renders advertising an unnecessary cost. Also, Zara concentrates on efficient design to market cycle and focus on showcasing large number of designs annually. The workforce in Zara is essential to its success right from the production to the store level as the feedback generated about fashion performance at store is percolated to the designer and production and supply chain helps to put the latest styles in 2 weeks’ time. We need to take a look at the factors that determine these strategies and also the shortcomings associated with these strategies * Growing online sales Online retailing has been growing at a scorching pace in the last decade and considering UK market, more than  £14 billion has been spent on online shopping. Zara should try to open online retail shops to cater to the audience who need to shop for standardized version of Zaras products. This also presents an opportunity to display the entire product lines from Zara and can be easily searched. It will enable strong growth in online and well as, offline retail sales. Cultural adaptation Zara did not follow any localization in the countries where it was present and provided only standardized products. Also it believed in providing the latest fashion at the low costs. Thus from the Global Strategy Grid it can be seen that Zara Followed a Global Standardization Strategy. By doing so it hoped to increase its profitability by reducing costs and achieving economies of scale. Entry Mode * Wholly Owned Subsidiaries: Zara entered UK markets by opening up wholly owned subsidiaries, to take advantage of the controls that it could exercise in those countries. When it comes to other markets, company also prefers to expand through franchising, joint ventures. Distribution * All production, regardless of its origin, is received at the logistical centers for the brand, from where it is distributed simultaneously to all the stores worldwide on a highly frequent and constant basis. * In the case of Zara, distribution takes place twice a week and each delivery always includes new models, so that the stores are constantly refreshing their offer. * The logistics system, based on software designed by the company’s own teams, means that the time between receiving an order at the distribution center to the delivery of the goods in the store is on average 24 hours for European stores and a maximum of 48 hours for American or Asian stores. Manufacturing * A significant proportion of production takes place in the Group’s own factories, which mainly manufacture the most fashionable garments. The Inditex Group takes direct control of fabric supply, marking and cutting and the final finishing of garments, while subcontracting the garment making stage to specialist firms located predominantly in the North-West of the Iberian Peninsula. * The Group’s external suppliers, a high percentage of which are European, generally receive the fabric and other elements necessary for making the clothing from Zara itself. Pricing strategy Zaras dual price policy Euros for pounds Spanish women wear chain Zara is charging the same amount in UK pounds as it is Euros in Spanish shops for some of its clothing, potentially netting the retailer huge extra profits at the expense of UK customers. H M History of H M The history of HM started with a man named Erling Persson, who was a Swedish former salesman that became fascinated with America’s high-volume efficient outfits that 8 Barneys and Macy’s carried. Persson first discovered the outfits when coming to the United States after World War II. Persson brought the retail concept – that high turnover produced lower prices – and brought it back with him to Sweden. It was then that Erling chose to open his own store which he called Hennes, standing for â€Å"hers† in Swedish. During this time the store only sold women’s clothing (International Directory of Company Histories, 1999). The company Hennes was established in 1947 in Vasteras, Sweden and by 1968 Persson had purchased the men’s sportswear inventory and property of a Stockholm hunting equipment store which was named Mauritz Widforss. Erling Persson then changed the name of his store Henne to Hennes Mauritz to express the expansion, and later downgraded to just the abbreviations HM. When Persson began to exporting his business overseas he began with Norway in 1964 and then joined Denmark in 1967. Persson bought the inventory, which was a left supply of men’s clothing which lead him to expand into men’s apparel. By 1970 Hennes Mauritz developed a children’s clothing line and by 1978 the store offered much of all family clothing. With Hennes Mauritz offering a wide range of family clothing, it helped the company expand with the new generation of youth wanting to be able to express their individualities. There are around 2,700 HM stores in more than 40 countries and 94,000 employees all work hard to bring you fashion and quality at the best price. Product design HM designers design fashionable and trendy apparel products that are of respectable quality. Their product line includes t-shirts, fashion shirts, cardigans, jeans, pants, undergarments, dresses, jackets, shoes, purses, jewelry, and other fashionable trendy accessories. HM is able to offer their consumers fine quality apparel at an economically friendly price. Hennes Maurtiz is able to provide superb quality products for a low price due to their reduction of a middle man who buys the material for the company and sells the material for a higher margin. HM buys their apparel fabrics in bulk straight from the suppliers Pricing strategy The price strategy of HM is designed based on their customers’ need which is low price and high fashion. The company purely focuses on following penetration price policy. Promotion To develop a promotion strategy, a company should firstly identify and understand target audience. (Jobber, 2007). HM’s target customers are young women who want more fashion cloth at low price. Young people have plenty access to information. A multi-channel promotion strategy including * advertising, * internet promotion * sales promotion Hennes Mauritzs’ promotional strategy includes mobile marketing through SMS text messaging, celebrities, charities, and popular music artists. In doing this mobile marketing strategy consumers receive SMS coupons, mobile banner ads placed on major portals and media sites. Cultural adaptation HM does not change anything from price of a product to commercials. They keep the same strategy as they have in their country. Everything remains the same as in the country it first started in. It reduces cost of inventory, as  well as an allowance to an increased product innovation since the company focuses more on developing their product instead or spending too much time trying to adapt to the market. Distribution HM distribution channel is direct distribution, from producer to customers. By cutting middle transaction, it reduces cost and assures quick delivery, which echoes the concept of fastness and economy. Jobber (2007) suggested that channel selection is affected by producer, product and competitive factors. HM choose to sell clothes and cosmetics in around 2,000 stores which belong to HM. Store selling, on one hand, assures basic access to customers and helps the command from headquarters go to outlets efficiently and correctly. Because the inventory for HM is refreshed every day (HM website, 2010), direct command is important for correct adjustment in more than two thousand stores. On the other hand, controlling so many stores gives rise to the managerial cost. Besides stores, HM starts to launch online sale in several areas. It was suggested that well-known fashion retailers have advantages of their brand to attract customers (Marciniak and Bruce, 2004). Therefore it is beneficial to take the initiative to launch online shop. And this step could satisfy online customers and complement the shortcomings of store sale. Manufacturing HM does not own any factories. Instead, clothes and other products are commissioned from around 700 independent suppliers, primarily in Asia and Europe. The HM buying department plans the range. After that, all practical aspects are dealt with by our production offices. These production offices, where most of the employees are drawn from the local population, are in constant contact with the suppliers. The production offices are responsible for placing the order with the right supplier and for items being produced at the right price, making sure that they are of good quality and delivered at the right time. They also audit that production takes place under good working conditions. The production offices perform extensive  safety and quality testing, including checks for shrinkage, twisting and colorfastness, as well as ensuring that the chemical requirements have been met.

Monday, August 5, 2019

The Guildford Four And Other Miscarriages Of Justice Law Essay

The Guildford Four And Other Miscarriages Of Justice Law Essay An overview in light of how the criminal justice system has changed in relation to miscarriages of justice. As defined in the book Miscarriages of Justice, a miscarriage means literally a failure to reach an intended destination or goal. A miscarriage of justice is therefore, mutatis mutandis, a failure to attain the desired end result of justice. The issue of miscarriages of justice has always been discussed, either as a legal, political or social issue. It has been such a vital issue that it provoked the appointment of the Royal Commission on Criminal Justice and many other changes in the English legal system, which shall be discussed in due course. It maintains being a legal issue due to the several rights at risk that are potentially affected by the operation of the criminal justice system, including  [2]  humane treatment (Art 3), liberty (Art 5), privacy (Art 8), fair trials (Art 6) and even the very right to existence (Art 2) in those jurisdictions which operate capital punishment. During the 1970s Great Britain had to face a wave of vicious attacks committed by the Provisional Irish Republican Army (IRA). In response to the public outrage against the bombers, the Government introduced the Prevention of Terrorism Act 1974 (PTA) which gave new powers to the police to arrest on suspicion of terrorism, and to detain suspects for up to five days without charge.  [3]  It was clear that the police were under enormous pressure to capture the IRA bombers who had brought the war to Britain. Unfortunately, this led to numerous arrestings and convictions of innocent people. CASE STUDIES: The Guildford Four and the Maguire Seven were the first to be arrested and questioned under the new powers of PTA 1974. They were arrested for alleged involvement on behalf of the IRA, in the bombings of pubs in Guildford and Woolwich which killed five people and injure over a 100. On 22 October 1975, the Guildford Four Gerald Conlon, Paul Hill, Patrick Armstrong and Carole Richardson were convicted of murder, before Justice Donaldson and a jury of conspiracy. They were all given life sentences. An appeal against conviction failed in 1977, despite the fact that other IRA defendants awaiting trial  [4]  had claimed responsibility. However, in 1987 fresh evidence came to light following enquiries carried out by the Avon and Somerset police, which prompted a reference by the Secretary of State for the Home Department  [5]  to have the Guildford Four case reviewed. It was discovered that typescripts and notes of interviews had been tampered with; confessions were obtained under duress and detention sheets falsified. These matters brought into question the whole foundation of the prosecution case which had relied on the confessional evidence of the four defendants. After 15 years of imprisonment, the convictions were successfully appealed and their innocen ce was proved in October 1989. The outcome of the Guildford Four appeal immediately prompted the reconsideration of the case of Anne Maguire and the members of her family  [6]   the Maguire Seven- who were convicted in 1976, of being the source of the explosives used in the bombings.  [7]  Their sentences were quashed in 1992, although by then all had served their time, apart from Patrick Conlon who had already died in prison. The Court of Appeal reluctantly overturned the convictions because new evidence about the possibility of innocent contamination cast substantial doubt on the scientific evidence at trial that the defendants had been in contact with explosives.  [8]   The next blow to the publics faith in the criminal justice system was by the Birmingham Six case.  [9]  The Courts judgment  [10]  is an official testament to one of the most notorious miscarriages of justice in British legal history. In 1974, six men Hugh Callaghan, Gerard Hunter, William Power, Patrick Joseph Hill, Richard McLlkenny and John Walker- were convicted of bombings in two Birmingham pubs. The bombing caused more deaths than any other IRA incident in Britain.  [11]  The prosecution evidence rested upon three factors: confessions, which the accused claimed had been coerced and beaten out of them; forensic tests, which the accused claimed were essentially unreliable and had been performed unsatisfactorily; and highly circumstantial evidence, such as their links to known Republicans. New evidence was referred back to the Court of Appeal in 1988; even then the Court was unpersuaded. However, further revelations about the police fabrication of statements and new u ncertainties about the quality of the forensic tests ultimately resulted in their release in 1991. As mentioned earlier, that outcome provoked the establishment of the Royal Commission on Criminal Justice. In The Conscience of the Jury (1991), Lord Devlin wrote that together the miscarriages in the cases of the Guildford Four, the Maguire Seven and the Birmingham Six were the greatest disasters that have shaken British justice in my time. Another unfortunate case of miscarriage of justice which involved the IRA occurred in 1974, when Judith Ward was convicted for handling bombs which resulted in twelve deaths.  [12]  Her conviction was quashed by the Court of Appeal in 1992 because of the prosecutions failure to disclose material to the defence, which was supported at the time of the appeal by fresh psychiatric evidence and cast substantial doubt on the reliability of her confessions.  [13]   Another case arising from Irish terrorist activities concerned the Armagh Four Neil Latimer, Alfred Allen, Noel Bell and James Hegan-  [14]  who were members of the UDR, who were convicted of the murder in Armagh. After referral back to the Court of Appeal in 1992, Allen, Bell and Hegan were all freed because it was clear that the police had tampered with the evidence. It is evident that quite a few of miscarriages of justice have concerned Irish terrorist cases. The Irish terrorism trials stand out as having involved some of the most intense flaws in the English criminal justice system and as being the most vulnerable to error. There are probably two reasons for their prominence.  [15]  Firstly, special powers in the Prevention of Terrorism Act 1974 made abuses easier to commit, and more difficult to detect. Secondly, miscarriages are more likely because of the nature of these cases. In such prosecutions, the criminal justice system is under pressure by the desire to be seen to be taking effective action against terrorists.  [16]  This is probably why miscarriages seem so hard to remedy an acquittal becomes particularly costly to the State in terms of damage to its reputation. Various recognised cases of miscarriages of justice from the 1970s were not just confined to Irish terrorism. In 1976, Stefan Kiszko was convicted of murdering an eleven-year-old girl.  [17]  His conviction was quashed in 1992. Other infamous cases include those of the Tottenham Three  [18]  and the convictions in 1990 of the Cardiff Three,  [19]  for murder, which were overturned in December 1992 on referral to the Court of Appeal. Each of the abovementioned cases was a stain on the national stability of the United Kingdom, and a shocking reminder to the public that the English criminal justice system is imperfect. Such cases also raised many questions about police procedure and put doubts in many minds of the public as to the honesty of the police service. There were accusations that the police used beatings, intimidation, duress and threats against family and friends to derive illicit confessions from the accused. Numerous miscarriages of justice have come to light in the last few years, a few notorious ones having been mentioned above. But there are still many people in prison who proclaim their innocence to this day. Having overviewed a few cases of miscarriages of justice, the rest of this project will consider why such injustice occurs, what changes have been made to the law to prevent it, and whether these changes have rendered such tragedies impossible or whether there is a need for a more radical reform of the English criminal justice system. WHY DO CASES OF MISCARRIAGES OF JUSTICE OCCUR? As seen in previous cases, some of which have been discussed above, miscarriages of justice may result from a variety of causes. Problems begin arising from the very first meeting with the police to the very end of entanglement with the State, when machinery to reopen problematical judgments has been shown to be unfair and inappropriate.  [20]   There are a few common features which have been found to be present in most cases of miscarriages of justice, which led to the case being a miscarriage. However, it must be kept in mind that these features may not be the only reasons as to why miscarriage of justice occurs. The most obvious danger of a case being one of miscarriage of justice is the fabrication of evidence which was found to be an issue in the cases of the Birmingham Six,  [21]  Tottenham Three,  [22]  Armagh Four,  [23]  Darvell Brothers  [24]  and several West Midlands cases. Also, both the police and lay witnesses may prove to be an unreliable source when attempting to identify an offender as found to be the in cases of Luke Dougherty and Laslo Virag.  [25]  The evidential value of expert testimony has also been overestimated in a number of instances such as in the cases of the Maguire Seven,  [26]  Birmingham Six,  [27]  Judith Ward  [28]  and Stefan Kiszko  [29]   where it lat er emerged that the tests being used were unreliable, that the scientists conducting them were inefficient or both. Another common factor has been unreliable or false confessions as a result of being coerced by police pressure, duress, psychological or mental instability or a combination of all. Examples of these may be found in the cases of the Guildford Four,  [30]  Birmingham Six,  [31]  Judith Ward,  [32]  Tottenham Three  [33]  and Cardiff Three  [34]  cases. The non disclosure of significant evidence by the police or prosecution to the defence may be a further issue. The investigation of a case is by reliance on the police. Yet several cases, in particular the Guildford Four,  [35]  Maguire Seven,  [36]  Darvell Brothers  [37]  and the case of Judith Ward  [38]  illustrate that the police, forensic scientists and prosecution cannot be relied upon fairly to pass on evidence which might be helpful to the accused. Sometimes, as it has been alleged in the case of the Birmingham Six,  [39]  the conduct of the trial may produce miscarriages. For example judges may sometimes favour the prosecution evidence rather than acting as impartial umpires. Lastly but not the least, the presentation of defendants in a prejudicial manner- such as labeling a person as a terrorist- is also a problem in some scenarios.  [40]  As mentioned earlier, these are only a few of the common reasons as to why miscarriages of justice occur. Now that we have seen what is likely to cause miscarriages of justice and a few examples of it, this project shall now provide an overview of the changes that have been made in the criminal justice system in order to prevent such misfortunes from happening again. REFORMS: Successive governments have put into practice a number of important measures to prevent further miscarriages of justice. Most prominent, perhaps, is the Police and Criminal Evidence Act 1984, and the Codes of Practice that accompany it. The creation of an independent, national prosecuting authority the Crown Prosecution Service   [41]  in 1986 has also been of fundamental significance to reducing the risk of miscarriages of justice. Another major reform was the establishment of the Royal Commission on Criminal Justice in 1993 and the Criminal Cases Review Commission that it recommended. The Criminal Procedure and Investigations Act 1996 has also assisted in the prevention of miscarriages of justice. Although reforms have been made by the government to prevent miscarriages from happening, some people such as Paddy Hill of the Birmingham Six, are unconvinced that such legislation is enough. He told BBC News Online: Justice is something that is not on this governments curriculum. Therefore, apart from legislative changes and reforms in the criminal justice system, there has also been the formation of independent organisations, such as JUSTICE, Miscarriages of Justice Organisation (MOJO) and innocent projects by the name of Innocence Network UK (INUK) which have helped bring to the light many cases of miscarriages of justice. Investigative television programmes have also been of help to victims of miscarriages of justice in the past. How the abovementioned legislation and organisations work, and whether these methods have been effective or not to prevent cases of miscarriages of justice shall now be discussed in more detail. Police and Criminal Evidence Act (PACE) 1984 Many miscarriages of justice cases arose before the PACE Act 1984 came into effect in 1986. This is because in the pre-PACE era, it was easy for the police to commit offences while investigating a case and get away with it, due to the absence of a statute such as PACE. The aim of the 1984 Act was to create a balance between the powers of the police and members of the public. PACE provides safeguards during police questioning, supported by strict Codes of Practice, made under s.60 and 66. It also gives detectives strict rules on the handling of evidence and on how long the police can question suspects for and insists that interviews be taped to ensure there was no mistreatment or any other form of intimidation. Safeguards such as these are in no doubt, assisting in the prevention of injustice. Crown Prosecution Service The separation of investigative and prosecution functions through the creation in 1986 of an independent, national prosecuting authority -the Crown Prosecution Service-  [42]  has also been of fundamental significance to reducing the risk of miscarriages of justice. The CPS was established under the Prosecution of Offences Act 1985, to prosecute criminal cases investigated by the police in England and Wales. Previously the police forces were responsible for the prosecution of such cases. However, in 1981, the Royal Commission recommended to the government that an independent prosecution authority should be introduced which would prevent police forces setting up independent prosecution departments so as to avoid having the same officers investigate and prosecute cases. Due to the separation of investigative and procedures it is less likely for miscarriages of justice to occur. Criminal Procedure and Investigations Act (CPI) 1996 During a criminal investigation, a large amount of evidence is gathered by the police including witness statements, forensic results, and confession statements etc. Not all of this evidence is shown at the time of the actual trial; much of is not even be admissible. However, some of the evidence gathered may undermine the prosecution case, and therefore be of interest to the defence. There have been a few cases such as the Guildford Four, Maguire Seven, Darvell Brothers and Judith Ward, where the prosecution deliberately failed to disclose evidence that was vital to the defence. In order to regulate the disclosure procedure, the Criminal Procedure and Investigations Act (CPI) 1996 was brought into effect. The CPI Act puts the burden on the police to disclose all evidence to the defence that they think might weaken their case. This process is overseen by the Crown Prosecution Service. Royal Commission on Criminal Justice Since 1907, when the Court of Criminal Appeal was created, the Home Secretary had a statutory power  [43]  to refer to the Court of Appeal, if he thinks fit, any case in which a person had been convicted on indictment and had exhausted all other methods of an appeal. The Royal Commission on Criminal Justice (RCCJ) was established the day the Birmingham Six convictions were quashed in 1991 by the then Home Secretary, to inspect the efficiency of the criminal justice system in England and Wales.  [44]  The Commission was set as continuation of Sir John Mays inquiry into the false convictions of the Guildford Four and Maguire Seven. In 1993 the Royal Commission reported and recommended to the Parliament that the Court of Appeal must be more ready to examine possible miscarriages of justice.   It also recommended the transfer over responsibility for the review of alleged miscarriages, from the Home Office to an independent non-departmental public body.  [45]  As a result of this recommendation, the Criminal Cases Review Commission was established. Criminal Cases Review Commission From the recommendation of the Royal Commission and through the enactment of the Criminal Appeal Act (CAA) 1995, the Criminal Cases Review Commission (CCRC), became fully operational on 31 March 1997.  [46]  The jurisdiction of the Commission extends to England, Wales, and Northern Ireland.  [47]  The CCRC is completely independent and impartial and does not represent the prosecution or the defence. The CCRCs statutory role and responsibilities are set out in the Criminal Appeal Act 1995 which involves reviewing suspected miscarriages of justice and referring a conviction, verdict or finding or sentence to an appellate court. The CCRC has wide-ranging investigative powers and can obtain and preserve documentation held by any public body. It can also appoint an Investigating Officer from another public body to carry out inquiries on its behalf. Applicants to the CCRC must focus their case on new evidence or argument that was not raised in the initial proceedings and as a result may cast doubt on the safety of an original decision. They can also challenge their sentence if they can show a new point of law or information relating to the sentence was not raised during the trial.  [48]  The CCRC refers a case to the appellate court if it considers there to be a real possibility that the conviction would not be upheld. There is no appeal against a decision of the CCRC, however a judicial review claim can be made to the high court to examine whether the CCRCs decision was unlawful.  [49]   The Commission has been the under considerable scrutiny for the way in which it deals with its applications. Criticisms of the Commission relate to the failure to interview more than a small proportion of applicants; to the insufficiency of communication with applicants and their representatives; and to alleged deficiencies of investigation, among other matters.  [50]   Although the CCRC is much better, than having no such body at all, to deal with issues of miscarriages of justice (as was the case before), it is still inadequate. JUSTICE JUSTICE is an independent legal human rights organisation which was founded in 1957. It works to improve the legal system and the quality of justice, in particular by promoting human rights, improving the legal system, criminal justice system and the access to justice. Ever since it was founded, JUSTICE has received requests for help by, and on behalf of, prisoners alleging miscarriages of justice in their cases. Some miscarriages of justice cases brought to light by JUTICE have provided investigations into the criminal justice system which resulted in reports urging reform. For example the Criminal Appeals (1964), Home Office Reviews of Criminal Convictions (1968), The Prosecution Process in England and Wales (1970), Evidence of Identity (1974) and Compensation for Wrongful Imprisonment (1982).  [51]  Several reforms have also taken place due to the influence of JUSTICE reports including reforms of police powers under the PACE Act 1984, and the forming of the CPS. Innocence projects Innocence projects  [52]  are a conjunction between university students, solicitors and barristers who investigate cases of alleged wrongful convictions, on a pro bono basis. The project seeks to uncover cases that are evident of the failings with the criminal justice system. Innocence Network UK (INUK) is the organisation for innocence projects based in UK universities, which was set up in 2004, to give help and hope to potentially innocent victims of wrongful conviction or imprisonment who have exhausted the appeals system and legal aid services. There are 23 member projects at universities across England, Wales and Scotland, with others being formed. Most of the cases they look into involve prisoners serving life or long-term sentences for serious offences, in particular murder, rape and GBH. According to the INUK, the CCRC is not doing a good job of referring cases of alleged or suspected miscarriage of justice back to the appeal courts. This is because; the public was under the impression that the CCRC referred cases in the interests of justice; however due to the way its rules have been set out, that was not the case. Some innocent victims of wrongful conviction were not referred back to the appeal court simply because they did not meet the required criteria, as happened in the recent case of Neil Hurley.  [53]   Television programmes The emergence of investigative television programmes such as Rough Justice  [54]  and Trial and Error  [55]  have previously helped to overturn a number of miscarriages of justice cases. These shows filmed enthusiastic journalists who pursued cases in detail in order to uncover such cases. Due to the impact of these shows, politicians and members of the public campaigned to pressurise the Home Secretary to refer cases back to the appeal courts. With the creation of the CCRC, however, such cases are no longer given as much importance and are no longer a major political issue. Such cases are now dealt with behind closed doors. If such media attention and support from politicians is once again provided, it will help a great deal in cutting down the number of cases of wrongful imprisonment. It may be concluded from this project, that miscarriage of justice indeed does exist in our criminal legal system. It is affecting the lives of many innocent people. Even when miscarriages of justice are corrected, they remain terrible personal tragedies which come back to haunt the innocent victims who have been through the whole ordeal. Gerry Conlon of the Guildford Four has had two breakdowns, an attempted suicide and a struggle with addiction after 15 years of imprisonment. Others have equally miserable stories to tell. Any amount of compensation may not be enough for those who have been wrongfully convicted and whose lives have been destroyed.  [56]   The ever-present dangers of mistakes in the criminal justice system are reflected in the often repeated sentiment that It is better that ten guilty persons escape than that one innocent suffer.  [57]  One must keep in mind that reforms have been made by the government and help has been provided by the members of the public to avoid or reduce such unjust incidents from recurring. Although the truth is bitter, it is of no use to anticipate that such miscarriages will altogether be eliminated in any way,  [58]  no matter how robust our criminal legal system is. This is because it is not just the English criminal justice system which is under this constant state of crisis, but this is the case in all other countries which operate legal systems. In order to prevent the numbers of cases of miscarriages of justice from increasing, the legal system must accept this reality and should take interest in identifying mechanisms which can reduce these cases. Further improvements to reforms or legislation must be considered as an ongoing struggle, to ensure that such misfortunes do not increase. Cases that are evident of the failings in the criminal justice system must be uncovered and lessons must be learnt from them in order to protect other such innocents from going through this injustice. Also, the victims of miscarriages of justice and members of the public must be reassured by the criminal legal system that that the possibility of such crisis occurring is less, rather than more, likely. One must not only hope that such injustice is reduced rather than increased, but also help campaign to take strict actions against such misfortunes. Who knows who the next innocent victim of miscarriage of justice might be? It could be you. Miscarriages of justice corrode respect for legal institutions. As a society we are finally learning that it is less damaging to admit mistakes than to pretend that they never happened. Nothing enhances justice more than the rigorous pursuit of error.  [59]  

Sunday, August 4, 2019

Alzheimers Disease, Nursing Essay -- Alzheimers Disease Essays

Nursing Care and Understanding of Alzheimer Disease Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Loss of memory, forgetfulness, personal change, even death, are common related disorders caused by a disease called Dementia or better known to most people as Alzheimer’s disease. This disease is the fourth leading cause of death in the United States in persons 65 and older. Alzheimer’s disease is, named for the German neurologist Alois Alzheimer, who first recognized the disease in 1907; Alzheimer’s disease is characterized by a progressive deterioration of mental functioning. Nursing plays a major role in the care for patients who have Alzheimer’s disease during the three stages of the disease. The majority of Alzheimer’s patients are cared for at home by nursing caregivers or in a nursing home facility. Impact on Today’s World   Ã‚  Ã‚  Ã‚  Ã‚  Of the many illnesses know today, Alzheimer’s has an effect not only on the patient but on the caregiver or nurse as well. Many journal articles, papers, and books discuss the impact on the role of the nurse and the Alzheimer’s patient. These articles show that over time the impact of this disease puts the nurse out of his or her homeostasis. Through the process of the disease the ability to control and maintain ones self stability is somewhat overwhelming and can lead to depression of the nurse caring for the patient in most cases. Depression and frustration usually comes from the fact that the Alzheimer’s patient’s mental and physical health is gradually dwindling away, and the caregiver or nurse feels helpless. This helplessness comes from the fact that the nurse or caregiver is showing care, compassion, and using all the knowledge he or she has, yet the nurse sees little to no progress in the person because the disease process is ta king over. â€Å"One caregiver described the disease as being a long journey in which the undeniable end is death, no fixed route, and no estimated time of departure† (Morton, 2003 p.262). Philosophy   Ã‚  Ã‚  Ã‚  Ã‚  Nursing is the art of caring. Nursing is a profession because it requires an education in order to give the patient the care he or she needs. Nursing is giving of your self to help others in need of care. In nursing you are always learning, and through education you enhance your abilities to give the highest quality of care. Nursing education enhances t... ...responsible for his actions or emotions. People today and in the future generations look toward great medical miracles along with an increased life expectancy but with all great achievements their will be failure and success. Point being for every cure or medicine there will always be the need for nursing and the loving care that goes along with it. References Bren L. (2003 Jul-Aug). â€Å"Alzheimer's: searching for a cure†. FDA Consumer. 37(4):18-25. Harris, D. (1990). Sociology of Aging. New York, NY. Harper & Row Press. Martindale-Adams, J., Nichols, L., Burns, B., & Malone, C. (2002). Telephone support  Ã‚  Ã‚  Ã‚  Ã‚  groups: A lifeline for isolated Alzheimers Disease caregivers. Alzheimer’s Care   Ã‚  Ã‚  Ã‚  Ã‚  Quarterly 2002, 3(2), 181-189. Morton, L. (2003). Psychological journey of an Alzheimer’s caregiver. Alzheimer’s Care Quarterly 2003, 4(4), 262-268. Reisburg, B. & Harvey, R. (2002). Drug slows advanced Alzheimer’s disease. New England Journal of Medicine, 348,1334. Smith, G. B. (2002). Case management guideline: Alzheimer Disease and other   Ã‚  Ã‚  Ã‚  Ã‚  dementias. Nursing Case Management, 7(2), 77-84.

Saturday, August 3, 2019

Humans and Nature: Depletion of Natural Resources by Humans Essays

Humans and Nature: Depletion of Natural Resources by Humans Early in human history, people used energy for heating, lighting, and cooking. As humans began to farm larger areas of land, their energy demands changed. Domesticated animals were used for energy sources to pull plows. When the Industrial Revolution occurred, people's energy demands further changed to meet the needs of industry. Work that was done by people and animals were then transferred over to machines. These machines required more natural resources such as iron and coal to produce large amounts of steel for tractors, pipes, and other devices. As the population increased, the demand for more products, such as clothing, shoes, and household items required more energy to be produced. The increased use of machines eventually led to an increased need for power. The needed power could only come from natural resources. The abundance of natural resources used to be generally assumed, but in recent years, questions are beginning to be raised, including the availability of fuel and other minerals. Decreasing supplies of natural resources and increasing world population growth has added pressure to the world's search for energy. Humans have harmed nature by overusing, wasting, and abusing its supply of natural resources. Growth in human population and in material living standards leads to increased production. More production, given the technologies that are currently employed, result in a rapid depletion of many natural resources and to the production of numerous pollutants which are not only dangerous to the environment, but are also, employed on a scale which cannot be absorbed and diluted by the natural environment. Th... ...html (10 March 1999). 4. Bard, Fossil Fuels and Energy Conversion. 14. 5. Talbot, Jeffrey â€Å"The Value of Ecological Resources.† EPRI Journal, July 1998, 8-17. 6. Maret, Susan â€Å"Natural Resources.† Choice, October 1998, 294-295. Works Cited - Bard, Stephen, Fossil Fuels and Energy Conversion. New York: GEM, 1995. - Crites, James. "The War for America's Natural Resources." The American Political Science Review, December 1998, 947-948. - Maret, Susan â€Å"Natural Resources.† Choice, October 1998, 294-295. - Stockett, William R. "The Energy Story" http://www.energy.ca.gov/ education/story/story-html/chapter05.html (10 March 1999). - Talbot, Jeffrey â€Å"The Value of Ecological Resources.† EPRI Journal, July 1998, 8-17.

Friday, August 2, 2019

Marcus Garvey Essay -- Garvey biography Biographies bio Essays

Marcus Garvey "We declare to the world that Africa must be free, that the Negro race must be emancipated (p. 137 Altman, Susan. Extraordinary Black Americans.)" are the famous words delivered by Marcus Mosiah Garvey. Born a West Indian, he later became a powerful revolutionary who led the nation into the Civil Rights Movement. Garvey dedicated his life to the "uplifting" of the Negro and to millions of Black people everywhere, he represented dignity and self-respect. Like Malcolm X of a later generation, he believed that Negroes could never achieve equality unless they became independent-founding their own nations and governments, businesses and industrial enterprises, and their own military establishments which are the same institutions by which other peoples of the world have risen to power. Marcus Gravey was the eleventh child of Marcus and Sarah Gravey. He was born in 1887 in St. Ann’s Bay, a rural town on the north coast of Jamaica in the British West Indies. Garvey learnd at a young age about the differences between the races. Being one of the few Blacks on the island, Garvey often played with the children of his white neighbors. The little girl who lived next to the Garvey’s home informed Marcus that she was being sent away to school in Scotland and that she was instructed by her parents "never to write or try to get in touch with me, for I was a ‘nigger.’" Although he was a good student, financial problems forced him to leave school at fourteen and become an apprentice. After helping organize a strike, Gravey was fired from his job. Garvey’s mind was clearly on politics and the need for organization rather than on his vocation. In 1910 Garvey helped to found a political organization named the Nation Club. He created the Watchman, the first of his many newspapers. The failure of both ventures made evident the need for money to fun his political activities and Garvey joined the stream of West Indian workers migrating to Central and South America in search of better opportunities. He worked briefly on a banana plantation in Costa Rica and for a newspaper in Panama and then went to London, England. While there, he worked for an Egyptian scholar, and learned much of the history of Africa, particularly with reference to the exploitation of black peoples by colonial powers. After reading "Up From Slavery," ... ...her leader had before him. From a more historically viewpoint, Marcus Garvey must be regarded as an incredible visionary. Marcus Garvey was a man who undertook enormous and grandiose ideas and goals to empower and rise Black people all over the world. A man literally driven by the notion that the Negro's sole means for achieving a unique culture in the 20th century was through the foundation of a unified, separatist empire in Africa. Although his ideas, in their ultimate form, may have been rejected by some of the people of his day, it is clear that, since then, these very same ideas in a different perspective have had a favorable influence on the policies of many Negro leaders throughout history. BIBLIOGRAPHY Altman, Susan. Extraordinary Black Americans. ©1989. Childrens Press: Chicago. pp. 137-138 Cronon, David E. Great Lives Observed (Marcus Garvey). ©1973, Prentice-Hall: Englewood Cliffs. Franklin, John H. Black Leaders of the Twentieth Century ©1982, University of Illinois Press: Chicago. pp. 105-138 Ploski, Harry A. The Negro Almanac. ©1971, Bellwether Publishing Company: New York. pp. 135-138 & 232

Class and School Size

It is important for students to receive the best education that their schools can offer to them because this would greatly contribute to their future and overall performance. Education is a significant part of a person’s life. Without it, people would have a hard time finding suitable and satisfying jobs and earn money. Still, several factors can affect a person’s learning process. Class and school size are important factors in students’ learning because this would affect their behavior and way of thinking.A class or school that is made up of a large number of students would be hard because it would mean that teachers and instructors would have a hard time monitoring each and everyone’s progress. They would not be able to concentrate on each child, which would somehow have a negative effect on the student because they would feel neglected and unimportant as compared to those who are being closely monitored. As such, there is a possibility that the students ’ learning and education would suffer because they would feel that they are not important members of the school’s community.A small sized class or school has its pros and cons. It would be good for the students because they would be guided and taught without much difficulty. They would also be able to build a close relationship with their classmates and their professors, which would help make them feel comfortable and can encourage them to learn. However, this type of setting would make the students used to being monitored and even â€Å"spoon-fed† with information. They may have a hard time adjusting when they encounter places where the population is larger, whether in another school or at the workplace environment.

Thursday, August 1, 2019

Negotiation Strategy Article Analysist Paper

Negotiation is a process by which two or more parties, each with its own goals and perspective, coordinate areas of interest through concession and comprise to reach an agreement and take joint decisions about areas of common concern in a situation in which neither side has nor wants to use complete power. â€Å"we know that lawyers and car salespeople spend lots of time negotiating, but so do managers. Managers have to negotiate salaries for incoming employees, cut deals with superiors, bargain over budget, work out differences with associates, and resolve conflicts with subordinates.Negotiating is something that every one engages in almost every day and most of the time without even realizing it. . Negotiation occurs when two or more conflicting parties attempt to resolve their divergent goals by redefining the terms of their interdependence (Pruit and Carnevale 1993) Some researchers have suggested that in negotiations, collaborative style is the most effective, but the truth is that it may be too overbearing for the negotiations (Brett, 1984). While collaborating, one is most often to share all the information to arrive at a satisfactory solution.However, information is rarely shared until trust is established. As a result, negotiators adopt a cautiously collaborative style in the beginning, slowly trying to find out whether the other party will share the information that it knows. This also helps build trust (Fells, 1993). If trust is not established, negotiators shift to the win-lose style of negotiation from the win-win style, there by trying to maximize their returns. The success for negotiation depends on the bargaining technique used by both the parties involved. There are basically two major types of strategies.The first one is the distributive bargaining. The most distinctive feature of distributive bargaining is that it operates under a zero-sum game, that is, the gain made by one person is the loss incurred by other person. Each person involved i n the negotiation defines the ultimate point where the settlement will be made, Then there is a resistance point that marks the least settlement that is acceptable. The negotiator generally settles in the area between these resistance points, which tends to overlap. The second strategy is integrative bargaining.The characteristics feature of integrative bargaining is that it relies on a win-win and therefore, uses a collaborative model of conflict resolution. Both the parties involved in the negotiation process jointly look at the problem, try to search for alternatives and try to evaluate them and arrive at a mutually acceptable decision or solution. If the process is successful, it results in satisfaction and positive-long relationship. In this paper we have analyzed the case of United Parcel services. United Parcel Service is one of the messagengerial companies in USA.The company was founded the year the world’s largest global provider of package delivery. It has created i ts good name so far as logistic and the transportation services are concerned. So far as the workforce of the company is concerned, their work forces are young. It is because the company employs the part time activities. The young people generally prefer to join in the company as stop gap arrangement. The workforce of the company is also very large. The company part time workers constitute one of the major constituent of the total.There are around 2, 00,000 part workers in the company working all over the country day and night. They generally work for 27-28 hours in a week. These part time workers had number of problems. Their working condition was not satisfactory. The remuneration was not adequate they will not get the facility which the permanent workers were getting. So, all these factors lead to the dissatisfaction among the employees. The labor union wanted to take this problem to their hand. So the union decided to fight for this issue. The union decided there will be strike in the company.There were a public support from outside the union, who decided to go for it. This was intimated to every one through e-mail. The union demanded full hiring and also demanded other benefits what the full employees are getting from the company. The union came with list of demands. The reasons were mentioned why they are going on strike. Both parties agreed for the negotiation. In the beginning, the company studied the present status of the part time workers. The data was collected to know the disparities between the full time workers and the part time workers.They went for comparison between the part time workers and the full time workers. All the issues were discussed in detail regarding salaries, retirement benefits and the opportunities for full employment. The demand was basically for full time job and the job security in future. Finally the agreement was made. Many of the demand were accepted by the company for the benefits of the company as well as the benefit of the employee. More than ten thousand jobs were regularized. The part time jobs were converted to full time occupation at UPS. Ten thousand job positions are now available to non union members.The part salary increased. The disparities between the part worker wage rate and the full time workers got reduced. Measures were taken to improve the working condition of the employees. There was replacement of the older car fleets with power steering features and additional ventilations. The incentives were also given to the workers who went for extra time. The leave system liberalized. There was relaxation of leaves. The expansion of maternity and the paternity leaves were extended for the employees. The company made huge amount of losses for this strike.If we compare the situation with the strategy we have the combination of both the strategy. In case of distributive bargaining strategy the negotiator tries to be both helpful and rude to the other party alternatively. In this case the nego tiator may initially be abusive and threaten to walk out, and suddenly, later, takes, on an affectionate and helpful behavior, thus affecting the attitude of the other party until the other party decides to give in and lose. In case of integrative bargaining while negotiating, individual personalities with his or her egis should not take precedence over the objectives or the interest involved.The dynamics of interpersonal relationship between the people involved in the negotiation process should not take priority over the main issues. Negotiators should try to work on mutually acceptable solutions rather than trying to let each other down while negotiating. The negotiating parties should focus on some standards evolved at the negotiation table in the form of some rule and law. This will help the parties to focus on objectivity rather than the desires of the parties involved. By using objective criteria, neither party has to give in to the other, not must both the parties defer to a fair solution (Fisher and Ury, 1991 )