Tuesday, May 5, 2020

Report That Outlines a Problem That Faces an Anonymous Company

Question: Report That Outlines A Problem That Faces an How Anonymous Company? Answer: Introduction The task is a report that outlines a problem that faces an anonymous company X which is well-known in processing milk for human consumption. The report is a compilation as a result of a project that is carried out by a group of student to determine organization behaviors and management in regards to solving a problem that arises in a company which has several negative effects, either to employees or customers (Porter, 2008). Additionally, having a problem in a company can result in poor service delivery, employees who are not motivated and in effect, loss of profit to the company. The report, therefore, discusses some of these consequences about models in business models discussed. The report also gives a brief over view of the organization but does not disclose its name. This is in regards to what it does, the reputation, its size and the manner in which it operates. Lastly, the report will give some of the recommendations or rather suggestion that it needs to adopt to alleviate it from the negative consequences that are likely to come as a result of the problem. The Organization Company X is well-known in processing milk for human consumption. It is a boasts about being in the market and able to undergo a tremendous increase in the number of workers, assets, and revenue. In addition to that, the company is located on a six-acre piece of land which acts as both as a processing and a packaging site for the received and processed milk or milk products respectively. As for January 2017, the company listed its employees to be 2453 including top managers. Lastly, it does not have branches that aid the company in its operation. The Problem of the Company Poor communication is the problem that affects the company, both internally and externally. In most organization, communication is instrumental in relaying information not only to employees but also to customers as well. Communication, which consists verbal and nonverbal, affects how a person thinks, expressiveness and integrity. In the organization, X, poor communication has resulted in numerous negative effects that undermine the organizations objectives. These include but are not limited to increased workers turnover, increased absenteeism, and poor customer service which in effect have led to the organization losing some of its customers and soiling its reputation among loyal customers (Melville, Kraemer, Gurbaxani, 2004). Lastly, organization X poor communication generates ineffective change in management and leads to loss of profit from the organization. To start with dissatisfied customers, the organizations management is failing to train its employees on how to properly communicate to customers. As the organization work entails interacting with customers who deliver milk to the company for processing, poor communication makes some of them consider other milk processing companies who are well in business etiquette especially in regards to communication (Sayeg, Anthony, Perrew, 2004). According to a recent research study, poor communication to customers results in the generation of bad attitude from customers towards the company, and in effect, develops decrease by a significant amount customers satisfaction. Secondly, as result of poor internal communication, specifically from the top management towards the employees, the organization is quickly registering an increased number of employee turnovers. The top management of the organization conduct minimal communication towards the lower employees, and this has generated a scenario where the boss is unlikely to know what is not pleasing or is disturbing junior workers (Hill, Jones, Schilling, 2014). Thus, the organizations continue to lose employees over issues that appear to be manageable for an increase in salaries or promotions. Watson Wyatt research suggests that organizations that maintain effective or rather good communication are likely, by 50 percent to register turnover standards that are below the company average as compare to one that offers poor communication which is at 33 percent. Another problem that results from poor communication is an increase in absenteeism. Research suggests that employee motivation can be damaged as a result of poor communication, that which is ineffective, insensitive and inadequate. It is worth noting that what determines whether an employee comes to work every day or not is largely dependent on motivation (Alvesson, HardY, Harley, 2008). In this regards, some of the absenteeism that the organization faces may be as a result of low motivation from top management on its employees. Research also indicates that if the employees feel that they are fully informed, the absence rates are quite minimal. Lastly, poor communication has an implication on change management in that the presence of it results in ineffective communication. The results are that it leads to a useless change of control. In modern times, there is the need for a change of structure that comprises a business. However, in a case where there is no need for such chase, there must be a manager capable of affecting the significant resistance (Noe, Hollenbeck, Gerhart, Wright, 2006). Most importantly, the management or managers need to possess good communication skills to deal with employees. Thus, poor communication in the organization has a potential to cause disagreement between top managers and junior workers. Poor Communication and problem solving There are various concepts, models or theories that managers use as a basis for decision making. These include but are not limited to porters five forces analysis, Pest analysis or Swot analysis. However, in this report, the group intends to us Portes five forces analysis as it appears to be the most relevant of the three that have been mentioned among the many that exist (Keller, 2001). To start with, porters five forces analysis concerns itself with analyzing threats that emanate from competition that is common among with any organization. Bargaining potential of customers The bargaining power of clients is additionally portrayed as the market of yields: the capacity of clients to put the firm underweight, which likewise influences the client's affectability to value changes. Firms can take measures to diminish purchaser power, for example, actualizing an unwavering news program (Wright, Goodwin, 2009). The purchaser power is high if the purchaser has numerous options. Therefore, managers can detect flaws in the organization that makes the customer have an unpleasant bargaining power. However, effective communication skills must be used. Bargaining potential of suppliers The bargaining power of providers is additionally depicted as the market of sources of info. Providers of crude materials, segments, work, and administrations, to the organization can be a wellspring of control over the firm when there are few substitutes (Courtney, 2001). If you are making bread rolls and there is just a single individual who offers flour, you have no option, however, to get it from them. Providers may decline to work with the firm or charge exorbitantly high costs for special assets. This is another way to evaluate what needs to be rectified within an organization. Solution to the problem Firstly, one way that the organization can solve the problem of poor communication is by embracing new technologies. The modern world is witnessing a technological revolution, and in effect, new, faster and efficient way of communication (Loe, Ferrell, Mansfield, 2000). Therefore, the management needs to embrace and rally the employees to embrace the use of emails or the organization to put a portal that will keep informing the people of new updates as far as the organization is concerned. In addition to that, it is prudent for top managers or the management, in general, to set out a time frame that it can communicate to junior staffs. There are various ways that this can be done, for instance, in case a problem arises which is a result of poor communication (Jovarauskien?, Pilinkien?, 2015). It is advisable for the management to organize for a brief notification for the same, also, highlight some of the probable effects as a result of the problem and the various methods of solving the problem. In addition to that, there can also be an arrangement for the problem to be discussed in detail. Another method that can lead to an effective way of communication is by identifying and also sharing both efficient and ineffective behaviors. The idea here is for junior staffs to convey a message to senior staffs in regards to misconduct that appears to be coming from the management. It can be a difficult task in any organization (Chochliouros, Spiliopoulou-Chochliourou, 2005).. However, the junior staff must address the issue in a respectable manner noting some of the reason that why such a discussion is necessary and of use to the organizations. In addition to that, it is important to one to gather data in form through a survey in order to notice the most important points that can create attention to the managers. Sharing data is a significant step that can help one to uncover the pertinent issues that can generate constructive business dialogue with the managers and top most personnel in the organization (Somers, Nelson, 2001). One such method is the creating questions and developing answers to the questions. For instance, what traits can aid in ensuring that the work is done in a productive way? What are some of the behaviors that discourage work progress? What are some of the ways that a person can develop to improve working as a term? Lastly, proper communication needs support from within the organization. In a case of junior staffs, they can enhance their communication to top management by coming up together to form a group that is likely to form an efficient force in communicating to top management. On the other hand, the workers can learn a lot from the top management on how to communicate to consumers and customers to improve the relationship between the consumers and the organization (Lovelock, Wirtz, Chew, 2009). Thus, these form part of the things the organization needs to keep in mind in developing good communication that will help achieve the organization goals. Conclusion Poor communication is, therefore, one of the bad habits that affect organization x as far as the work it carries out is concerned. There are also various effects of poor communication in an organization, and in particular, organization X. Firstly, poor communication is associated with increased absentees among workers. Poor communication does not motivate employees, and this becomes one of the reasons for absenteeism. In addition to that, poor communication is brought about high levels of employees turnover and a decrease in profit of the organization. Lastly, poor communication affects the relation between the organization and its customers. On the other hand, managers use various models and concepts in decision making. These include but are not limited to Pest, Pest, Swot and porters five forces analysis. There are also ways that one can implement or practice to improve communication, these can help not only the organization relation to the customer but also junior staff to effecti vely communicate with senior staff or those in the managerial positions. References Porter, M. E. (2008). The five competitive forces that shape strategy.Harvard business review,86(1), 25-40. Sayegh, L., Anthony, W. P., Perrew, P. L. (2004). Managerial decision-making under crisis: The role of emotion in an intuitive decision process. Human Resource Management Review,14(2), 179-199. Hill, C. W., Jones, G. R., Schilling, M. A. (2014).Strategic management: theory: an integrated approach. Cengage Learning. Alvesson, M., Hardy, C., Harley, B. (2008). Reflecting on reflexivity: Reflexive textual practices in organization and management theory.Journal of management studies,45(3), 480-501. Noe, R. A., Hollenbeck, J. R., Gerhart, B., Wright, P. M. (2006). Human resource management: Gaining a competitive advantage. Keller, R. T. (2001). Cross-functional project groups in research and new product development: Diversity, communications, job stress, and outcomes.Academy of management journal,44(3), 547-555. Wright, G., Goodwin, P. (2009).Decision analysis for management judgment. John Wiley and sons. Courtney, J. F. (2001). Decision making and knowledge management in inquiring organizations: toward a new decision-making paradigm for DSS.Decision Support Systems,31(1), 17-38. Loe, T. W., Ferrell, L., Mansfield, P. (2000). A review of empirical studies assessing ethical decision making in business.Journal of business ethics,25(3), 185-204. Jovarauskien?, D., Pilinkien?, V. (2015). E-Business or E-technology?.Engineering Economics,61(1). Chochliouros, I. P., Spiliopoulou-Chochliourou, A. S. (2005). Visions for the Completion of the European Successful Migration to 3G Systems and Services: Current and Future Options for Technology Evolution, Business Opportunities, Market Development, and Regulate. InMobile and Wireless Systems Beyond 3G: Managing New Business Opportunities(pp. 342-368). IGI Global. Lovelock, C. H., Wirtz, J., Chew, P. (2009). Essentials of services marketing. Somers, T. M., Nelson, K. (2001, January). The impact of critical success factors across the stages of enterprise resource planning implementations. InSystem Sciences, 2001. Proceedings of the 34th Annual Hawaii International Conference on(pp. 10-pp). IEEE. Melville, N., Kraemer, K., Gurbaxani, V. (2004). Review: Information technology and organizational performance: An integrative model of IT business value.MIS quarterly,28(2), 283-322

Saturday, April 4, 2020

Architectural Design Final Exam Essays - Airport, Airport Check-in

Architectural Design Final Exam Essays - Airport, Airport Check-in Architectural Design Final Exam Billy Bishop Airport Expansion TDA 4M0 Mr. Ganhao Manroop Bhogal Table of Contents Proposal Space Relationship Bubbles 4 Concept Sketches Required Areas Case Studies Presentation Draw ing s Architectural Design Exam Proposal The Billy Bishop Toronto City Airport , commonly known as the Toronto Island Airport, is a small airport located on the Toronto Islands in Toronto, Ontario, Canada. It is named after the Air Marshal Billy Bishop, a Canadian World War I flying ace. The airport is used by civil aviation, air ambulances, and regional a irlines using turboprop planes. After the proposed expansion in 2013, another proposal is approaching in 2016. The inspiration for the new airport will be influenced by an archit ectural style known as M odern architecture . Common themes of modern archi tecture include: form follows function, meaning that the result of design should derive directly from its purpose, simplicity and clarity of forms and elimination of "unnecessary detail", materials at 90 degrees to each other, visual expression of structure (as opposed to the hiding of structural elements), the related concept of "truth to materials" meaning that the true natur e or natural appearance of a material ought to be seen rather than concealed or altered to represent something else, use of industrially produced materials' adoption of the machine aesthetic, and visual emphasis on horizontal and vertical lines. Following through with the influence of modern architecture, the airport shape, as well as its interior, will be reduced to the upmost important elements and principles of design; shape, line, with simplicity in order to display the architectural style we have chosen. The reduction of complicated and unnecessary details and/or walls allows the passengers and staff in the airport to easily maneuver through the airport and quickly arrive at their destination without any confusion. This also allows the stores and/or sections of the airport to be easily built next to each other as it is much easier to build two identical shapes next to each other, such as rectangles and squares, rather than a store with one angled wall against a store with multiple angled walls. This idea of using simple shapes to create a well-designed and efficient airport also allows the airport to waste as little space as possible, and that every space is used as there are no odd angled corners or spaces that cannot be filled with something. Keeping in mind the architectural influence, there are many considerations that had to be made during the design process; types of planes, typical clientele, efficiency of the airport, placement of staff areas and passenger areas. In order to accommodate as many planes as possible, we have placed the gates in such a way that even the biggest planes that arrive/depart the airport can easily gain access to and from the gates, having enough space to turn around onto the runway without any issues. We are not expecting to have any typical clientele, rather, we have accommodated for every type of clientele. We have a separate check in queue for first class, allowing faster movement for every queue, a separat e baggage claim for those who have travelled internationally, as well as another first class line at the pre board screening. We want the airport to be efficient as possible and in doing so, allowing any passenger to get to their destination even faster. Finally, we have also placed the staff and passenger areas in such a way that the passenger areas revolve around the staff. This allows the staff areas and offices to be centralized in the middle of the airport, and can easily access any section of the airport if any problems occur without having to run a long way. This is also great for passengers as they can gain access to help whenever they please as there are always staffs ready to assist the passengers, and passengers will no longer have to run to another side of the building for any assistance. This proposal will not only make an efficient airport for the passengers, but will also allow a better work experience for the staff. Main Entrance Case Study Eyes of the Passenger There are a total of 6 doors leading into

Sunday, March 8, 2020

Tale of Two Cities essays

Tale of Two Cities essays The theme of rebirth is common in Charles Dickenss A Tale of Two Cities. Many characters are re-born or resurrected as they grow emotionally. They find meaning in their lives and become better people through love. The love that makes this rebirth possible comes through the character of Lucie Manette. Lucie Manette, the female heroine of this book, is the source of the resurrections of Dr. Manette, Mr. Lorry, Charles Darnay, and Sydney Carton. Lucie Manette is a compassionate and benevolent young lady who, at the beginning of the book, is only seventeen. Though her age would suggest the girl to still be a child, it is revealed that her wisdom goes far beyond her years. Lucie could be seen as an old soul who is wise enough to be able to find the good in everyone. Or Lucie could be seen as naive and unsuspecting. We are unsure of this when Lucie is first introduced in her meeting with Mr. Lorry, as she seems to be over taken by emotion and fear. Yet Mr. Lorry takes note of her mature nature through the way she contains herself as he describes the perils of her father. You speak collectedly, and you are collected. Thats good! (Tale of Two Cities, 33). Lucie Manette, after being reunited with her father, devotes her life to restoring is mental and physical health. She finds a purpose and satisfaction in their mutual bond of unconditional love for one another. Lucie is reborn through her new relationship with her father, and through this relationship the window to Lucies future is opened. Just as Lucie Manette is given life through her father, her father is also reborn through her. After eighteen long years in the Bastille he is rescued by the Defarges who bring him to their wine shop. This is where he meets Lucie and Mr. Lorry. He is depicted as completely insane, and when asked his name he replies, One Hundred and Five, North Tower, the number of his old prison cell ...

Friday, February 21, 2020

Ethical case Essay Example | Topics and Well Written Essays - 1000 words - 1

Ethical case - Essay Example This paper thus discusses the issues facing Lisa when challenging current policies and procedures of the acquired company from both ethical and professional perspectives. One ethical issue Lisa applied was ensuring that the corporate assets were secure. In her one year in charge as the financial manager, she faced a significant acquisition with a total cost of $10 billion. Her company acquired a prestige fragrance company. Lisa’s challenge in this case was to ensure that the acquired company came together with the parent organization in an ethical, appropriate manner. She also had to ensure that there were no unethical practices on the part of the project. Also, the management team responsible for the acquisition and integration of the company. Additionally, she had to ensure that the acquired companies were not practicing inappropriate accounting practices in order to inflate their sales or earnings. One of the stakeholders involved in ethical issue is Lisa, but he faced opposition from the controller Mr. Anderson. Lisa prepared a meeting with the parent company with a focus on accounting manual and a plan for valuation of the company’s assets. It was apparent that these documents were of little interest to Mr. Anderson. He was polite and professional, but his management style was clearly dictatorial. Anderson had worked for twelve years in the Prestige Fragrance Company and attained some several promotions. He was a CPA, who had a background in major accounting firm and had contributed a lot in the growth of the company. All this earned him respect from the Board of Directors, but it was evident that he was not happy to be in part of a smaller division in a much larger company. Lisa was very concerned about the acquired assets and the unusually high proportion of â€Å"other assets† on the balance sheet. This made her to review her preliminary observation with Anderson. She was of the view that often items in this category

Wednesday, February 5, 2020

Benchmar Exercise Essay Example | Topics and Well Written Essays - 250 words

Benchmar Exercise - Essay Example The student also attacked the demerit system utilized in the college. This is because it is unfair for a student to be sanctioned based on incorrect information or perception. In April 2014, one female student called Samantha Field wrote an online article that accused the college of failing to give her adequate support after a rape incident within the college premises. The Haredi College was established in 2001 in Jerusalem. The college was mainly targeted for the ultra-Orthodox public. The college is mainly managed by Adina Bar-Shalom, the daughter of Rabbi Ovadia Yosef. But the college has experienced several controversial issues. Recent media information illustrates that the college is about to be closed, due to approximately $1.7 million debt. Several other Heredi colleges are experiencing financial challenges; for instance, Lander College that has filed for bankruptcy, and Makor HaMayanot. The Ministry of Education in Israel gave the responsibility of financial management at the college, to an accounting

Tuesday, January 28, 2020

Treatment of Juveniles in the US Criminal Justice System

Treatment of Juveniles in the US Criminal Justice System The juvenile court system was created specifically to deal with children and was established in Chicago over one hundred years ago. It was developed and it created a separate juvenile justice system nationwide. Today juvenile courts are responsible for dealing with children who are accused of committing two types of offenses: status offenses, which are violations of laws with which only children can be charged (e.g., running away from home); and delinquency offenses, which are acts committed by a child which, if committed by an adult, could result in criminal prosecution. Prior to the Progressive Era however, child offenders over the age of seven were imprisoned with adults and such actions had been the model historically. The actions of political and social reformers, as well as the research of psychologists in the 18th and 19th centuries, began a shift in societys views on juvenile delinquents. Early reformers who were interested in rehabilitating rather than punishing children built the New York House of Refuge in 1824. The reformatory housed juveniles who earlier would have been placed in adult jails. Beginning in 1899, individual states took note of the problem of youth incarceration and began establishing similar youth reform homes. Such early changes to the justice system were made under a new found belief that society had a responsibility to recover the lives of its young offenders before they became immersed in the criminal activity they were taking part in. The juvenile justice system exercised its authority within a parens patriae (state as parent or guardian) role. The state assumed the responsibility of parenting the children until they began to demonstrate positive changes, or became adults. At this point youth were no longer tried as adult offenders. Their cases were heard in a somewhat informal court designed for juveniles, often without the assistance of attorneys. Extenuating evidence, outside of the legal facts surrounding the crime or delinquent behavior, was taken into consideration by the judge. Early reform houses were, in many ways, similar to orphanages. The criminal justice system dates back to oldest known codified law, which is known as the Code of Hammurabi. It was established in 1760 BC in ancient Mesopotamia. Laws have been handed down by many different organizations threw out history. For example, in ancient Rome, laws had to be voted on by a Senate before taking effect. In the modern world, laws are typically created and enforced by governments. Within the realm of codified law, there are generally two forms of law that the courts are concerned with. Civil laws are rules and regulations which govern transactions and grievances between individual citizens. Criminal law is concerned with actions which are dangerous or harmful to society as a whole, in which prosecution is pursued not by an individual but rather by the state. The purpose of criminal law is to provide the specific definition of what constitutes a crime and to prescribe punishments for committing such a crime. No criminal law can be valid unless it includes both o f these factors. The subject of criminal justice is, of course, primarily concerned with the enforcement of criminal law. Although both courts have different objectives we know that the juvenile courts main focus is to rehabilitate and the adult court system acts as a more punitive, retributive court. We will proceed to discuss all things related to the juvenile court. The juvenile court process begins with an allegation that a crime has been committed. Next, an arrest can be made based upon allegations. When a juvenile is arrested, just like everything else, the officer must have more than a mere suspicion, there must be probable cause. In some states, police are required to notify a probation officer or other official designated by the juvenile court: in other states, police are required to notify only the childs parents. When a juvenile is arrested s/he is taken to the police station or JAC (Juvenile Assessment Center) for initial screening, after that, the officer then makes a decision whether to terminate the case, divert it to an alternative program, or refer it to juvenile court for formal intake . Intake procedures are designed to screen out cases that do not warrant a formal court hearing. Within 24 hours, there will be a detention hearing (petition). Within the following months ahead there will an arraignment (information), case disposition (discovery), and calendar call (status check). Once all the previous steps have been completed, there will be an adjudicatory hearing (court determines if allegations are supported by evidence) then a disposition (sentencing) and possibly an appeal. Although children have been denied their constitutional protection for the first sixty-seven years of the juvenile court, we are aware that during that time, children were arrested, tried, adjudicated (not convicted), and given a disposition (not a punitive sentence) on the basis of parens patriae. Parens patriae is defined as the power of the state to act on behalf of the child and to provide care and protection equivalent to that of a parent. Throughout the process, the juvenile court system was guided by a rehabilitation philosophy by which the purpose of the court was therapeutic rather than punitive. However, over time, the use of the parens patriae doctrine without constitutional safeguards led to arbitrary treatment for many juvenile offenders. Nowhere was the absence of due process more evident and more problematic than in two cases that found their way to the U.S. Supreme Court. The two cases, Kent v. United States and In re Gault, were characterized by such constitutional flaws that the Supreme Court decided it was finally time to rule on whether juveniles were entitled to due process protections. We will discuss these two very important cases after we discuss the important elements to be considered when going through the court process. A very important element to be considered is the seriousness of the childs offence. Undoubtedly lesser offenses may involve informal hearings, adjudication, and probation supervision and is frequently administered at the intake level, without referral to a judge. If a child has been referred on a minor charge, and the intake worker determines that a court intervention is not necessary but feels the child needs to be impressed with the seriousness of his or her actions, the worker may lecture the child and make the warning more impressive. The child may be taken before a judge for a strict reprimand. If it has been decided the child will be submitted to a formal court hearing, a petition is filed. The petition tells exactly what delinquent act was committed and notifies the child of the claims made about his or her misconduct. This petition operates the same way an indictment would for an adult. The Supreme Court in its final decision claims that a jury trial is an adult right that is not essential in juvenile proceedings, and also stated that a jury trial in any case does not ensure competence and fact-finding function of the proceedings. Juveniles do get everything else the Constitution provides, double jeopardy, and even at one point the death penalty. In 1998 there were 73 people on death row who had committed their offenses while under the age of 18. The Court decided it was unconstitutional to execute a juvenile under the age of 16, and the reasoning for that is because 16 years of age is generally recognized as the age separating childhood from adulthood. In most states, this is the age at which minors are legally allowed to take on some adult responsibilities, like driving a car. The need to preserve an orderly society has been a major concern throughout our nations history. Ever since there were correctional institutions for juveniles, they have been filled to capac ity. The criminal justice system and court systems in general, strive everyday to understand. The right to due process of the law will always remain a big issue for the juvenile court system. Rights such as: The accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district Sixth Amendment. The right of trial by jury shall be preserved Seventh Amendment. Also, the jury is to be comprised of ones peers but when a juvenile has a jury trial, the jury is made up of adults, not children. A well known supporter for juveniles getting a fare trial once said: Neither the Fourteenth Amendment nor the Bill of Rights is for adults only. In 1971, the issue of whether juveniles had a right to a jury trial was reviewed by the Supreme Court in McKeiver v Pennsylvania. It was argued that if children were subject to the same incarceration as adults, and our Constitutional rights to a jury trial was for everyone also, children should get the same rights as adults. The Court did not agree, but they were aware of the imperfections in the juvenile court system. They also agreed that children should be allowed informal protective proceeding. In the end, the Court agreed that additional adult rights would be entered into the proceedings, but it had to be done with great caution. The adult court process starts with an allegation that a crime has been committed followed by an arrest based upon the allegation where the adult will be taken to county jail. Within the next 24 hours, the adult will make their first appearance (bail) where the formal charges will be brought forth to them. The adult will then be arraigned (information), have a case disposition (discovery), and a calendar call (status check). Upon the completion of those steps, there will be a trial (states burden to prove reason beyond a reasonable doubt) and depending on the outcome there can be an appeal. In the juvenile court, the terminology referring to the situation that has occurred is known otherwise as an act of delinquency and in the adult court the term crime is used. Another difference is the way in which the juvenile offenders background is taken into consideration. For instance, the juveniles academic record and family background are taken into consideration for the case. This is not true in the case of the adult. Adults do not receive this special consideration when they are in front of the judge. The criminal justice systems for adults and juveniles are different in many significant ways. Their differences vary from state to state. In general, juveniles are not prosecuted for committing crimes, but rather delinquent acts. When the delinquent acts are very serious, they may be considered crimes and the juvenile may be tried in the adult system. Juveniles dont have a right to a public trial by jury. For a juvenile charged with a crime, the trial portion of the case involves a judge hearing evidence and ruling on whether or not the minor is delinquent. This is called an adjudication hearing. Once the juvenile has been deemed delinquent, the court will determine what action should be taken. This stage differs from the adult system in the purpose of the action. In the adult system, the goal is to punish. In the juvenile system, on the other hand, the goal is to rehabilitate and serve the minors best interest. Juvenile courts are often more informal than those for adults. For examp le, rules about the admissibility of evidence may be more lenient. Even though the juvenile and adult criminal justice systems have significant differences, there are also many similarities between the two. Most importantly, individuals in both systems retain many of the same rights. These include these rights: (1) The right to an attorney, (2) The right to confront and cross-examine witnesses, (3) The privilege against self-incrimination, (4) The right to notice of the charges, and (5) The prosecution must provide proof beyond a reasonable doubt before a person can be convicted. The juvenile courts tend to focus on the individualized rehabilitation of the offender. The adult courts tend to focus on the expression of the communitys disapproval for the illegal behavior with an appropriate amount of punishment for every conviction. It is interesting that when offenders are in the adult courts that we no longer take into consideration their backgrounds or special circumstances. It seems that as a society, we tend to try and protect our children regardless of their actions. Adults are treated in a much different fashion since there is a level of understanding that we expect. The juvenile court has many steps that the adult courts do not have. The juvenile courts begin with the term of delinquent, and the act is referred to as a delinquent act. In the case of the adult, the person is known as a criminal who committed a crime. It would seem that there is severe labeling from the beginning of the case. To clarify the term labeling, it can be described as a common occurrence in our lives. When children are referred to as delinquents or adults are called criminals for their actions, this is an example of labeling. The idea of the juvenile justice system rests on the fact that children are developmentally different from adults and thus are more prone to reach to treatment and rehabilitation. The juvenile justice process centers on the individual child and takes into account the childs problems and needs, focusing less on punishment and more on helping the child to change and so minimize the likelihood of future criminal behavior. During the past ten years there has been a fear of juvenile crime and even more recently we have seen a much bigger spike within juveniles for more heinous crimes. Such cases as the burning of the 15 year old boy in Broward County, the rape of a Bay Area California teen during a school dance while more than 20 witnesses watched the gang rape and cases near home such as the fatal stabbing of a Coral Gables high school student. Cases such as these provide for the idea that state legislatures and the federal government will increasingly turn to the more punitive adult mod el, requiring that even pre-teen children in some instances be treated as if they were equal in culpability and understanding to adults who commit similar crimes. Although there may be in fact a pendulum swing with the juvenile justice system the underlying rationales of the juvenile court system are that youth are developmentally different from adults and that their behavior is accepting. Rehabilitation and treatment, in addition to community protection, are considered to be primary and feasible goals. Limitations are placed on public access to juvenile records because of the belief that juvenile offenders can be successfully rehabilitated, and in order to avoid their unnecessary stigmatization most files are only disclosed to government agencies when necessary. Court proceedings may be confidential to protect the privacy of the juvenile. The juvenile justice system follows a psychological casework approach, taking into account a detailed assessment of the youths history in order to meet his or her specific needs. The juvenile offender faces a hearing, rather than a trial, which incorporates his social history as well as legal factors. Law enforcement has the option of preventative detention, which is detaining a youth for his own protection or the communitys protection. Not all states afford juveniles the right to a jury trial. A juvenile offender is judged delinquent rather than guilty. Because of the individualized nature of the juvenile justice system, sentencing varies and may cover a wide range of community-based and residential options. The disposition is based on the individuals offense history and the severity of the offense, and includes a significant rehabilitation component. The disposition can be for an unspecified period of time; the court can send a youth to a certain facility or program until it is det ermined he or she is rehabilitated, or until h/she reaches the age of majority. The disposition may also include a restitution component and can be directed at people other than the offender, for example his parents. Parole combines surveillance with activities to reintegrate the juvenile into the community. On the contrary, in the criminal justice system rehabilitation is not a primary goal. The goal of the criminal justice system is to operate under sanctions and be proportional to the offense. In the criminal justice system deterrence is seen as a successful outcome of punishment. Unlike in the juvenile court system, all criminal records have open public access and all court proceedings are open to the public. Defendants in the criminal justice system are put on trial and this is based on the gathering of information and legal facts. Defendants have the right to apply for bond or bail; however, this is never guaranteed and only the judge can grant this. Defendants are entitled to a jury trial which is a constitutional right. If a defendant is found innocent or guilty, depending on the verdict they may be incarcerated and sentenced to a specified period of time which is determined by the severity of the offense. Parole is primarily based on surveillance and monitoring of illicit behavi or. Often times whenever a very severe crime is committed by a juvenile; such as a murder or gang related acts, they are tried as adults. Beginning about 35 years ago, increases in violent juvenile crime permitted judges to transfer juveniles to adult criminal courts. No national data exist on the number of juvenile offenders prosecuted as adults. Juvenile court is a special court or department of a trial court which deals with under-age defendants charged with crimes or who are neglected or out of the control of their parents. The normal age of these defendants is under 18, but juvenile court does not have jurisdiction in cases in which minors are charged as adults. The procedure in juvenile court is not always adversarial, although the minor is entitled to legal representation by a lawyer. Parents or social workers and probation officers may be involved in the process to achieve positive results and save the minor from involvement in future crimes. However, serious crimes and repeated offenses can result in sentencing juvenile offenders to prison, with transfer to state prison upon reaching adulthood with limited maximum sentences, often up until the age of 21. Where parental neglect or loss of control is a problem, the juvenile court may seek out foster homes for the juvenile, treating the child as a ward of the court. The Juvenile Court handles case of delinquency and dependency. Delinquency refers to crimes committed by minors, and dependency includes cases where a non-parental person is chosen to care for a minor. Now that we have a better understanding of the juvenile court process and procedures, we will review two very important cases dealing with juveniles and their due process laws. The Kent case concerned the transfer of a juvenile from the jurisdiction of the juvenile court to the adult criminal justice system. The juvenile justice system recognized that certain forms of criminal conduct require that children be tried as adults in the adult criminal justice rather than the juvenile system. Thus, most jurisdictions had statues by which certain juveniles would be removed from the juvenile justice system. There were two basic methods: (1) Some states used a waiver or transfer hearing; and (2) some states excluded certain offenses from the juvenile courts jurisdiction. Because of the nature and effect of the waiver decision on the child in terms of status and disposition, the U.S. Supreme Court used the Kent case to consider procedural protections for juveniles in the waiver process. The Supreme Court ruled that the waiver proceeding was a critically important stage in the juvenile process and that juveniles must be afforded minimum requirements of due process of law at such proceedings. As stated by Larry J. Siegel and Paul E. Tracy in the book Juvenile Law, the In re Gault case concerned the process by which juvenile courts should give a punitive disposition for a juvenile and expose the child to a possibly long period of incarceration for a relatively minor offense. The Supreme Court ruled that the due process clause of the Fourteenth Amendment required that certain procedural guarantees were essential to the adjudication of delinquency cases. It then specified the nature of due process by indicating that juveniles who have violated a criminal statue and who may be committed to an institution in which their freedom may be curtailed are entitled to: (1) fair notice of charges against them; (2) right to representation by counsel; (3) right to confrontation and cross-examination; and (4) the privilege against self-incrimination. The Gault decision, and particularly the constitutional right of a juvenile to the assistance of counsel, completely altered the juvenile ju stice system. Juveniles in adult prisons face an array of problems because the criminal justice system was not created to rehabilitate, therefore these juveniles are being exposed to harden criminals and are being victimized on a daily basis. Children in adult correctional facilities suffer higher rates of physical and sexual abuse and suicide. Compared to those held in juvenile detention centers, study show that youth held in adult jails are: (1) 7.7 times more likely to commit suicide, (2) 5 times more likely to be sexually assaulted, (3) twice as likely to be beaten by staff, and (4) 50% more likely to be attacked with a weapon. Children in adult facilities, particularly in jails, frequently do not receive the education or other services appropriate to their needs. In many states juveniles are treated the same as adults and are provided the same health, educational and recreational services. Few adult correctional agencies provide special programming developed for this age group and most states do not provide special staff training on handling juvenile offenders. The situation for girls is particularly troublesome as there are so few of them nationally that there will often be only one female under 18 in a particular prison and therefore little likelihood of special services being provided. The move to send more children into the adult criminal justice system is a major rethinking of the traditional view that delinquent children need help to turn their lives around and belong in a system that focuses primarily on rehabilitation rather than punishment. Surprisingly, the nationwide transformation to this more punitive approach is taking place despite the continuing decline in juvenile crime. As the number of juvenile cases heard in criminal court increases, more people involved in the system are recognizing that adult courts are inappropriate and unjust settings for children whose developmental immaturity puts them at a disadvantage at every stage in the system. There is increasing evidence of the long-term and damaging consequences suffered by children who are imprisoned in adult prisons and jails. Furthermore, the imposition of adult punishments, far from deterring crime, actually increases the likelihood that a young person will commit further criminal offenses. The tr ansfer of increasing numbers of children from juvenile to criminal courts is continuing in the face of mounting evidence of the harm it does both to the children and to public safety once again tough on crime politics undermines good public policy. Work Cited Associated Content (May 2006). Juvenile and Adult Courts: A Comparative Analysis. Retrieved February 18, 2010, from http://www.associatedcontent.com/article/31663/juvenile_and_adult_courts_a_comparative.html. LawyerShop. History of Americas Juvenile Justice System. Retrieved February 18, 2010, from http://www.lawyershop.com/practice-areas/criminal-law/juvenile-law/history/. Legal Match. How Does the Juvenile Criminal Justice System Differ From the Adult Justice System. Retrieved February 15, 2010, from http://www.legalmatch.com/law-library/article/juvenile-vs-adult-criminal-system.html. MoneyInstructor. Inside Juvenile Court: How the Criminal Justice System Punishes Todays Juveniles. Retrieved February 15, 2010, from http://www.moneyinstructor.com/doc/juvenilecourt.asp. PBS (1999). Juvenile vs Adult Justice. Retrieved February 23, 2010, from http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/juvvsadult.html. Siegel, Larry J and Tracy, Paul E. (2008). Juvenile Law: A collection of Leading US Supreme Court Cases. Upper Saddle River, NJ: Pearson Education Inc. P 9-52

Sunday, January 19, 2020

Implications for a Better Education Essay -- Learning Teaching School

Implications for a Better Education We are all products of school. Chances are we have all been to school at least some point in our lives. Currently, every state in the nation has laws requiring attendance in school from kindergarten until a child’s eighteenth birthday. If we progress through the school system at an average one grade per year, a high school graduate has already spent thirteen years of their life in school. We spend a great deal of our adolescence attending school every morning, five days a week and don’t have much say in the matter. Day after day, we get up and get ready for school, not necessarily because we want to, but because it is what is expected of us. When we come home in the evening or afternoon, we open our books and do work, not necessarily because that is what we want to do, but because not doing so will count against us in the big point scheme of things. So what is it all for? Now that I am older and am well on my way to completing school, I can look back and int elligently analyze what school is all about, what its purpose is, where it succeeds and what its flaws are. The purpose of the public school system is to assure every child has the natural right to an education. But, what is education and how is school helping students to become well-educated people? When I ask myself, and others, what the term education means, the answer is positive collection of ideals. Education is about acquiring knowledge to promote intellectual and personal growth. Education is about acquiring information, learning new skills and developing already existing abilities. An educated person should be able to integrate information for different situations and adapt to new scenarios. An educated pe... ...s sure to be for the benefit of everyone. For every problem that our society faces today, through proper education, resolution is surely on the way. Bibliography â€Å"Blaming the SATs.† The Wall Street Journal 10 June 1999: A26. Glickman, Carl D. â€Å"Holding Sacred Ground: The Impact of Standardization.† Educational Leadership Dec. 2000/ Jan. 2001: 46-51 Transforming the Federal Role in Education. The White House. 17, Nov. 2002 http://www.whitehouse.gov/infocus/education/. â€Å"University Education Produces Measurably High Returns for Students, According to OECD.† Organization for Economic Cooperation and Development. Oct. 20, 2002. Nov. 22, 2002. . United States. Bureau of the Census. Statistical Abstract of the United States. 121st ed. Washington: GPO. 2001