Thursday, October 31, 2019

Issues in Global Warming Research Paper Example | Topics and Well Written Essays - 750 words

Issues in Global Warming - Research Paper Example The core first surface to be hit by the radiations suffers the most. Such surfaces may include trees in the forest, surfaces of the ocean, ice caps, and deserts. Green house effect causes the atmosphere to absorb more heat energy within the earth’s surface by absorbing and re-emitting long waves of energy; from the re-emitted energy, 90% is captured by the greenhouse gases. A greenhouse gas is a gas in the atmosphere that absorbs as well as, emits radiation inside a thermal infrared range. The primary greenhouse gases that are in the earth atmosphere are mainly water vapor, carbon dioxide which has the, ability to absorb radiation in the long wave, methane its mainly sources are termites, landfills, coal mining as well as, oil extractions its formula, is ch4, another gas is nitrous oxide found in the atmosphere and its sources are fossil fuel combustion, biomass burning as well as application of fertilizers, its formula is N2O. They occur naturally in an atmosphere with a mole cular composition, more than one atom, are loosely bound together to be able to vibrate with the absorption of heat, they act as a blanket for infrared radiation, where they radiate energy close to the surface that escapes directly to space. Atmospheric carbon dioxide is more concentrated today than at any time in at least 171 year back. It is approximately 35% higher than the year 1840. The present carbon dioxide concentration in the earth’s atmosphere is at a concentration of 392ppm by volume or 592 parts/million by mass. The total amount of atmospheric carbon dioxide in mass is about 3000, gigatonnes. Since 1860, there has been an increase of carbon dioxide concentration due to the age of industrialization as well as human interference such as deforestation as well as combustion of fossil fuel. Also about 40% of the carbon dioxide emitting is by volcanoes during eruptions which is approximately 130-230 million tones, another source of carbon dioxide emission is hot springs . Human carbon dioxide production, use of coal, oil as well as, production of cement, is high as 7.g million mass. Interglacial’s caused the rise of temperatures about 30% in carbon dioxide, with this hypothesis is correct then, temperatures rises by about 6 centigrade between 1840 to date. Another reason for an increase in carbon dioxide is through human respiration that produces 0.6 Gt c of carbon dioxide. Increased carbon dioxide increases the level of acidity in seawater, caused by an increase in carbon dioxide absorption in the sea water, which will increase and will result to affecting organism in the sea water also with the increase of acidity, and then there will be a decrease of carbonates for forming shells. Also from the increase of carbon dioxide, there will be acidic rain due to absorption of carbon dioxide by the clouds that will have an effect to the plants as well as trees, from this there will be no forest. Thus, there will be no rainfall resulting to drought as well as hunger. Another thing from the increase of carbon dioxide to the environment is the development of smog’s into the cities contributed mainly by factories. It is paramount to use the results obtained form researches and environmental forecasts, which would help in understanding the real effectiveness of global warming

Tuesday, October 29, 2019

Discuss the role of magistrate and jurors in the legal decision-making Essay

Discuss the role of magistrate and jurors in the legal decision-making process - Essay Example Consider the disadvantages of the services that the magistrates and jurors provide in the legal decision-making. The contribution of magistrates and jurors to the legal decision-making will be assessed based on the consideration of the advantages and disadvantages of the services they provide in the legal decision-making. Courts and Legal Services Act 1990- includes provisions on appointments of District Judges and the courts’ procedure, specifically in respect to distribution of civil business between the County Courts and High Court. The Contempt of Court Act 1981- states that disclosure of anything that took place in the jury room amounts to a contempt of court and is therefore a criminal offence. Juries Act 1974- consolidates particular enactments relating to jury service, jurors, and juries with improvements and corrections made under the Consolidation of Enactments Act 1949. The Tribunals, Courts and Enforcement Act 2007- contains fundamental legal procedures and courtsà ¢â‚¬â„¢ structure Condron v UK (2001) 31 EHRR 1- provides an example of how magistrates and jurors legal decision-making process can lead to breach of human rights. ... Summary of the arguments that point out that, indeed, the magistrates and jurors play a very critical role in the legal decision-making process. Question 2 Introduction The magistrates and jurors play a very important role in the resolution of both criminal and civil cases (Elliott and Frances, 2008, p. 12). For over 1000 years, jurors have formed a fundamental part of the English Legal System and have played very important role in the legal matters’ resolution for many centuries (Slapper and David, 2001, p. 35). Similarly, magistrates have also been playing a very instrumental role in resolving criminal and civil cases and have in recent years become extensively important in many of the cases in the English Legal System. The jurors form a jury an arrangement that is made up of a specific number of ordinary individuals who are called for service on any legal matter (Forsterlee & Horowitz, 1997, p. 307). Jurors’ main role is to bring their perspective to a case as lay pe rson with no knowledge of law. Jurors combine their common sense, wisdom, and experience to decide the facts relating to a particular case in order to reach a verdict (Cownie et al, 2007, p. 51). It is worth noting that jurors simply decide the verdict and not the law; the jury decides the question of the defendant guilt while the judge decides on the point of law. In respect to magistrates, they are local people volunteering their services. Magistrates do not have formal legal qualifications and are chosen based on their local knowledge. They sit in the magistrates’ court as a bench of two or three magistrates (Sanders and Young, 2004, p. 97). The court trial involves several processes. The initial process within

Sunday, October 27, 2019

Punishment In Islamic Law

Punishment In Islamic Law Introduction In every society, security and stability are basic needs no less important than other needs like food and clothing. Travis Hirschi propounded a theory of social control that emphasizes on the role of society in the control of criminal behaviour  [1]  . It specifies the fact that no society can afford to denounce criminal activity without duly accepting its responsibility towards the same. In other words the theory of social control elaborates on the onus that is shared by society and devised control mechanisms to ensure a safe social arena, one that is devoid of any type of delinquency. Man have been conscious of the need for security since the beginning of life and with the formation and evolution of society, we now have what is known as the establishment of the state or government and the formation of laws. The development of these man-made laws did not come to completion except in the last few centuries after a long experience of trial and error  [2]  . On the other hand, the Law of Islam that was sent down to Muhammad in Allahs (SWT) final message to mankind has paid careful attention to this matter and has come with a complete legal system. Taking into consideration the changing circumstances of society as well as the consistency and permanence of human nature, it contains comprehensive principles and general rules suitable for dealing with all the problems and circumstances that life may bring in any time or place. Likewise it has set down punishments for certain crimes that are not affected by changing conditions and circumstances. In this way Islamic Law combines between stability, flexibility and firmness  [3]  . Punishment in general Punishment is defined as the act of punishing or the process of being punished  [4]  . Theories of punishment can be divided into two general philosophies, the utilitarian theory and the retributive theory. The utilitarian theory of punishment aims at punishing offenders to discourage or deter future wrongdoing. The purpose of punishment is to act as an example to the rest of society and put others on notice that criminal behaviour will not be tolerated and will be punished. The retributive theory on the other hand seeks to punish offenders because they deserve to be punished. Punishments under Islamic Law As with all penal systems, the Islamic law system prescribes punishments when someone is found guilty of a wrongdoing. The philosophy of punishments in Islam indicates that Islam provides punishment only as a last resort and the purpose behind it is reform brought about through a blending of human values and justice tempered with mercy. Punishments in Islam reflects its values where it puts the interest of the society before the interest of an individual  [5]  . The punishment can be severe depending on the crime but have to abide with strict rules and have prominent features  [6]  . Some of the features of punishment are as follows  [7]  :- Punishments are meant to be a last resort; Punishments are made to be examples to the public; Punishment are to reform an offender; Punishments are a form of retribution for the victim. The punishment system in Islam is aimed towards the three dimension of any crime being the criminal, society and the victim. To criminals punishment is kaffara (purification) and reforming for the re-acceptance into society. To society on the other hand, punishment is a preventive method to save society from crimes and finally to victims, punishment is a means of retribution. Punishments in Islamic Law were set down to protect and secure the ultimate five elements of peoples interests: al-dharuriyat (necessities). These are deen (belief), an-Nafis (life), al-aqil (intellect), al-mal (wealth) and an-nasil (family and lineage). The types of punishment There are four categories of punishment that criminals may be subjected to, namely, Hadd (literally meaning boundaries), Qisas (retribution) and Diyat (blood money), Tazir (chastisement) and Mukhalafat (which covers areas of the rights of the state). Hadd Hadd (plural hudud) literally means boundaries or prohibition  [8]  . It is considered to be the most severe of crimes as they go against Gods will and punishments for these crimes are fixed as they have been prescribed by Allah (SWT) in the Holy Quran  [9]  . The seven offences prescribed are zina (illicit sexual relations), qazaf (false accusation of zina), sariqah (theft), hirabah (highway robbery), shrub al-khamr (consumption of alcohol), riddah (apostasy), and baghy (rebellion against the government). These offences appear to have been selected to indicate that life, family institution, property, honour and social order have to be protected. Evidence for these crimes have to be provided by abiding to stringent rules thus, making conviction difficult  [10]  . If the crime is proven, offenders for these crimes are punished in public as a measure of deterrence  [11]  . However it is only carried out as a last resort after a thorough effort at reforming the person ha s totally failed. For example, riddah, where a Muslim renounces his or her faith, it is treated as treason. A mandatory punishment has been set for this offense. Males face beheading, while females face imprisonment until the time where they renounce their new belief and revert to the teachings of Islam. However, every effort is made to allow the male offender to revert to Islam including receiving visits of religious officials before the punishment is inflicted.  [12]   The punishments that have been set and have to be carried out if all criteria for evidence have been satisfactorily met for the rest of the offences prescribed above are  [13]  : Zina A married individual would face death by stoning while an unmarried person would face 100 lashes. Qazaf 80 lashes are mandatory for a free person while slaves face 40 lashes Sariqah A first time offender faces amputation of one hand at the wrist, a second time offender faces amputation of the second hand while a third time offender face either amputation at the ankle or imprisonment until the individual repents. Hirabah If death is caused, the offender faces death by beheading. If no death occurs, the offender faces cross-limb amputation. If the offender is arrested before commission, he is imprisoned until repentance. Shrub al-khamr 80 lashes are mandatory for a free person while 40 lashes are mandatory for slaves or those in the Shafii school Baghy Death is imposed for those who fight and are captured. However, tazir punishments are for those who are arrested or surrender. Looking at the punishments set out above, it appears as very severe and harsh but the main purpose of hudud punishments is to deter the commission of crime in the very first place. Taking the example of sariqa (theft), Allah SWT proclaims, As to the thief, male or female cut off his or her hands, a punishment by way of example, from God, for their crime: and God is Exalted in power  [14]  . Islam does not tolerate theft as it deprives a person of their hard earned money and belongings. Looking at the above verse, it is clear that the intention to punish the offender is to set an example for the rest of society that an act of stealing will not be condoned or accepted by God. What hudud seeks to bring is peace and order and disciplined behaviour as people would seriously consider their actions to do an evil deed as they know the punishment that awaits them is severe. This is the wisdom of hudud. But this is not to say that under Islamic Law, at the slightest chance available, punishment will be imposed. On the contrary, punishments would only be imposed as a last resort where all the conditions and elements of the crime have been satisfied. Qisas Diyat Another feature of Islamic Law is the right of retribution (Qisas). The concept of retribution is explained in the Holy Quran as follows: The recompense for an injury is an injury equal thereto (in degree), but if a person forgives and makes reconciliation, his reward is due from God, for (God) loveth not those who do wrong.  [15]   In simple terms, Qisas follows the doctrine of an eye for an eye, where the punishment is similar to the crime. As Qisas is usually reserved for crimes that involve homicide or bodily harm, for a crime of homicide, the punishment would be death while a crime involving bodily harm, the punishment would be to inflict an injury comparable to the harm caused. A unique feature of the punishment of these crimes is that the victim is able to request for punishment or to forgive the offender  [16]  . The victim may also request for diyat (blood money), a form of compensation paid by the offender to the victim, the amount of which has to be equal to the loss incurred and not more. In a hadith narrated by Imam Nissai it mentions that every part of the body has blood money, for example the blood money for the eyes is the equivalent of 50 camels, etc  [17]  . Tazir Tazir punishments are discretionary punishments that do not fall under the jurisdiction of hudud or qisas and cannot be used as an alternative to these punishments. Tazir can, however, be used if a crime has been committed but has not met the standards of hudud or if the offender has been pardoned by the victim. They are the most flexible type of punishment because they take into account the needs of society and changing social conditions. It is also flexible enough to realize the maximum general benefit to society, effectively reform the criminal and reduce the harm that was caused. The punishments may range from anywhere between a warning to death. One famous example happened in the time of Umar ibn al-Khattab (ra), where he punished a scholar who gave false testimony. He ordered that the scholar should have his head shaved, his face painted black, and he paraded semi-clothed in front of people while sitting backwards on a donkey  [18]  . But the punishment can be just as severe as the punishments under hudud. The power to punish is given to the judge or to the legal authorities. The purpose of tazir is to prevent an offender from repeating the offence or to incline a person to fulfil his or her duty. A number of factors go into choosing the appropriate punishment under tazir one of which is the situation of the offender where aspects such as the social status of the offender as it is believed those from the commoners require harsher punishment to reform than those in higher classes. It has to also be determined if the offender has committed similar crimes in the past, making the punishment individualized.  [19]   Mukhalafat This covers the areas of the rights of the state. A person or group contravenes a law which the state has enacted such as exceeding the speed limit or parking in no parking areas. The punishment imposed is at the discretion of the judge or the legal authorities. Kaffarah If a person who has not fulfilled their duty (such as not fasting or performing prayers), the individual is required to pay kaffarah or penance. It is not meant to be a punishment rather it is a reminder of their obligations. There are three forms of kaffarah which are offering a sacrifice, feeding six orphans or the poor and performing fast for three days.  [20]  The kaffarah that needs to be performed depends on the violation that had occurred.  [21]  It is interesting to note that the crime here is not one which is against the state or another individual but is a failure to fulfil ones duty or obligations under Islam of which there are also punishments prescribed. Punishment as a last resort Severity of punishments as a form of prevention and deterrence The ultimate aim for a Muslim society is that its citizens do not commit crimes at all and so there should be no occasion to resort to extreme punishments like the amputation of the hand in cases of theft or flogging or being stoned to death in cases of zina. The very thought of watching someone lose a hand for committing theft is definitely unpleasant and considered harsh which is why it is not surprising that hudud punishments often make the headlines in the media due to its severity. However the severity of the punishment is to serve as a prevention and deterrence from committing these crimes in the first place. It is better to be severe to one and save a thousand than to be indulgent to all and ruin many. Allah SWT is certainly a good surgeon who does not hesitate to amputate a rotten limb to save the whole body  [22]  . Just imagine if you see someone walking around with only one hand because he was punished under hudud for stealing, you would keep away from such person. Thi s indirectly causes stigmatization for the offender as society would not want to be associated with an offender. This is another motivating factor to desist from committing the crime. Further, just because punishments under Islamic Law are seen to be harsh, it does not necessarily make them unjust. According to Abdur-Rahman.Doi  [23]  , incidences of cutting off the hands are rare in an Islamic society for two reasons. Firstly, statistically speaking, the simple enforcement of hudud punishment itself has a significant deterring effect on potential offenders which inadvertently reduces the crime rate in a society administered by Shariah. He cites the example of Saudi Arabia (in spite of the distorted ideology of its government) in recent times and the era of the first generation of Muslims more than fourteen hundred years ago  [24]  . Secondly, the procedure in seeking conviction of an alleged offender is so elaborate and strict and involves a host of exceptions and conditions, as a result of which in most cases the offenders punishment is reduced from the level of Hadd to Tazir, where the judgement is left to the discretion of the judge. Fear of Allah (SWT) and accountability in the Hereafter According to Muslim jurists, punishments are designed to keep the sense of justice alive in the community by a public repudiation of the acts violating the limits set by God. They are expected to build up in the society a deep feeling of abhorrence for transgression against fellow human beings and therefore against God, a transgression which according to the Quran is the root cause of all disorders and corruption in human life  [25]  . Hence severe punishments are imposed for purposes of dissuading most people from committing crimes. For this purpose it imbues the Muslims with the fear of Allah (SWT) and inculcates the sense of accountability in the Hereafter, as it is believed that punishment should be prevented as far as possible. When it is said to him, Fear God, he is led by arrogance to (more) crime. Enough for him is Hell;- and evil bed indeed (to lie on)!- Surah Al-Baqarah 2: 206 And fear the Day when ye shall be brought back to God. Then shall every soul be paid what it earned, and none shall be dealt with unjustly- Surah Al-Baqarah 2:281 Punishment is a necessary evil Abdur-Rahman Doi, in his encyclopaedic work Shariah: The Islamic Law makes an insightful observation that the Quran generally adopts the same word for punishment (retribution) as for the original crime  [26]  . Therefore, both crime and punishment are known as Sayyiah (evil). By using the same word for both crime and punishment, it implies that punishment although justified by circumstances is truly speaking nothing but a necessary evil  [27]  . This being the case, at the first instance where a crime has been committed, Islam seeks to forgive and reform the offender wherever possible. However, where it is clear that it is unlikely for the offender to reform or to mend his or her ways punishment would then be imposed as a last resort. Waiver of punishments in the presence of doubt Any shred of evidence that is doubtful or circumstantial will prevent punishment. It is narrated in the Seerah (life) of Muhammad (saw) how he would exert himself to avert the punishment when individuals asked for punishment to be implemented upon them  [28]  . It is narrated that Muhammad (saw) said, To free someone criminal mistakenly is better than to punish someone innocent mistakenly  [29]   Aisha narrated that the Prophet (peace be upon him) said : Ward off punishment as much as you can. If you find any way out for a Muslim then set him free. If the Imam makes a mistake in granting forgiveness, it is better for him than that he should commit a mistake in imposing punishment. Hence should there be even a single iota of doubt on the evidence, hudud punishment in such circumstances should not be imposed. An example of this is in the case of adultery (zina) where the testimonies of four eye witnesses are required to prove the crime. Allah SWT says, If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or God ordain for them some (other) way  [30]  . If there is a little doubt, no Hudud penalty is given at all, instead they will then be subject to the punishment of qadhf (false accusation). Hence, Hudud punishments are waived in the presence of doubt, and that benefit of the doubt is always given to the accused. The Right of Retribution Under Islamic law, it offers the aggrieved party the right of retribution. This right of retribution belongs to the individual, and not to the society or state. This simple shift in the responsibility brings about a profound change in the whole system of implementing justice. Instead of starting an irreversible process of trial and punishment which would involve a great deal of time and costs, Islamic law leaves the ground open for settlement between individuals, without the interference by impersonal bureaucratic machinery, though under no circumstances can the individual take the law into his or her own hands  [31]  . If we compare this with a country like Malaysia which has its own Criminal Laws enshrined under the Penal Code and the Criminal Procedure Code, where a person is a victim of theft or robbery for example, the action against the accused is brought by the state and not the victim. Also where all the elements of the crime are satisfied, the accused would be either imprisoned for a period which may extend to seven years, fined or in some cases to both imprisonment and fine. Under this criminal law system, the tax payer who may include the victim themselves would be burdened with taking care of the welfare of the accused whilst in prison. Fines paid are paid to the state and not to the victim who is actually the aggrieved party. It was only recently that Malaysia introduced the concept of victim impact statements in courts. This is an avenue provided to the victims of crimes to voice their feelings in relation to the offence committed against them of which the victim impact statements will be considered when imposing sentencing or punishment. Hence what is certain from the Malaysian Criminal Law system is that unlike the Islamic legal system upon the establishment of guilt and where the accused is found guilty of the crime, the imposition of punishment is definite and as a matter of first choice. The Concept of Forgiveness The concept of forgiveness is one of the main elements under the concept of punishment under Islamic law. In Islamic Law the wishes of the victim or his family is given an important role in deciding whether or not the punishment should be carried out. The victim is allowed to pardon the perpetrator because the punishment in crimes under Qisas is considered the right of the victim and is avoidable because whoever forgives and makes amends, his reward is due from Allahà ¢Ã¢â€š ¬Ã‚ ¦Ã‚  [32]  . The ideal way is not to seek revenge at all but reconciliation and to make the offender realize the gravity of his or her offence. The Concept of Tawbah The concept of tawbah is also another element of interest. If an individual does commit crime, Islam allows the individual to repent (tawbah) as Islam believes in awarding its believers a second chance. Tawbah brings the meaning of return from sin.  [33]  The concept of tawbah can be clearly seen to be encouraged in the Holy Quran through the verse, But if the thief repents after his crime, and amends his conduct, God turneth to him in forgiveness: for God is Oft-forgiving, Most Merciful  [34]  ; and Except those who repent and make amends and openly declare (the Truth): to them I turn for I am Oft-returning, Most Merciful- Surah Al Baqarah 2:160. One is said to have repented if there is a feeling of genuine remorse, shame and resolve to not repeat the crime.  [35]  Where a person has repented before being caught or arrested, the effect of this is that it can remit the hadd punishment. Islams approach towards crime prevention Islam has looked towards crime prevention more than punishing the criminal. This is akin to the English saying Prevention is better than cure. For this purpose Islam has prescribed preventative measures that are to be taken in order to curb crime in the society. Some of the key measures that are thought to help members of the society to resist the urge to commit crimes  [36]  are as follows:- Moral Development and pre-crime reform Self purification is one of the main goals of the Prophets (peace be upon him) mission  [37]  . In Surah Al- Baqarah 2: 112 it says, Nay,- whoever submits his whole self to God and is a doer of good,- he will get his reward with his Lord; on such shall be no fear, nor shall they grieve. The teachings of Allah aim towards performing what is good and abstaining from harm. When the individuals heart is with the Almighty God, he does not allow for his ego to control his mind and its animal demands, so indirectly one abstains from committing crimes. It is also for this reason that Muslims are required to pray five times a day so as they are constantly reminded that there is an Almighty who created them and they should bow their head in total humbleness towards God. It is a collective mindful meditation that helps you not to forget who you are and where you belong. In a Muslim society Khurram Murad argued that every institution is value oriented and owes a responsibility towards the moral development of every person. Reform is therefore a pre-crime responsibility and not a post-crime syndrome  [38]  . Islamic Law makes an effort to ensure that the inducement to commit crime is minimal. This is for instance the reason behind the complete prohibition of consuming intoxicants and intense free-mixing of unrelated members of the opposite genders. Part of pre-crime reform involves development of an environment where preventive measures are already in place. Once the crime is committed however, the best place for reform is in the family and in society where a criminal is to live after the punishment and not in a prison where every inmate is a criminal  [39]  . While Shariah protects society by legislating punishments and preventative measures against crimes, it does not resort to punishment without first preparing for the individual a situation conducive to a virtuous life. It would be considered unjust from the standpoint of Shariah to allow a hazardous act, such as drinking alcohol and then punish a person for drinking while driving. Family Family is considered as the pillar of society. Children look up to their parents as the teachers of customs, practices and morality. Hence stable relationships between parents , spouses and children reduces the need for engaging in criminal activities. Research has shown that children from single parent homes, dysfunctional families, etc are usually involved in crime as a means to stay away from the problems at home or for purposes of seeking attention. Therefore a strong family bond coupled with religious and moral beliefs and teachings would not create a need for people to commit crimes. The fight against poverty This refers to the societys duty to help the poor (in the way of zakat) as poverty is said to be one of the reasons behind the occurrence of crime. The Holy Quran has introduced zakat as one of the good deeds which leads to the purification and development. In Surah Al-Baqarah 2 :110, it provides, And be steadfast in prayer and regular in charity: and whatever good ye send forth for your souls before you, ye shall find it with God: for God sees well all that ye do. In a Muslim state, every individual is entitled to social security through the public treasury where funds are collected from various sources including the obligatory annual payment of zakat. Where a citizen is driven by force of circumstances since he could not earn his living for himself or his family due to lack of employment opportunities or was not taken care of by the central treasury, the society and government will be considered at fault and no hudud punishment will be imposed on the accused. It is keeping with this principle that Umar bin-al-Khattab the second Caliph or ruler of Muslims after Prophet Muhammad (peace be upon him) did not apply the hudud punishment to those accused of theft during the period of famine in the state of Madinah  [40]  . Similarly, if a person is found stealing out of hunger or to fulfil his basic needs, then no punishment is meted out to him as it is deemed that the fault lies with society and government because it is their duty to see that no person is without means to support himself or his family with dignity. And in their wealth and possessions (was remembered) the right of the (needy), him who asked, and him who (for some reason) was prevented (from asking). Surah Al Dhariyat (51:19) In Malaysia for example, a mother who stole a tin of milk for purposes of feeding her child was sentenced to a days jail and imposed a RM500 fine in default of one months jail  [41]  . One tends to wonder looking at the sentence passed if the sentence imposed was compassionate and justified considering the circumstances that drove the mother to steal in the first place. Also if the mother had RM500, she would not need to resort to stealing in the very first place. Further being the sole breadwinner, in the event she is unable to pay the fine, then she would need to serve her one month prison sentence and risk being separated from her child. This is the implication of the stringent criminal laws in Malaysia. Conclusion To live in constant fear of being attacked or robbed is surely unacceptable state of affairs. The thoughts and ideas that are prevalent in the society around us affect the way people behave and in this society people are constantly motivated to increase their wealth and become prosperous. But when this is combined with the notion of freedom, people then put no limits for themselves on how to achieve these aims, and crime is a

Friday, October 25, 2019

Inhaling Knowledge :: Personal Narratives Drugs Illegal Narcotics Essay

Inhaling Knowledge When I was a young girl, my dad and I would drive to Chinatown every third Saturday of the month to get his monthly dose of rice. Through the west side of Chicago we went. My dad always complained about the litter, the lack of cleanliness and how easy it would be to keep the city clean if everyone just took care of their own trash. Looking out the window, I remember seeing trash piled high on every corner, as if garbage had taken the place of grass. Graffiti covered every building we passed, broken windows everywhere. It always made me sad that people had to live in such an environment, but I can so vividly remember laughing at the sight of gym shoes tied together, hanging high above me from the telephone lines in this part of town. Every few blocks I'd see another pair, and another, and another! What a funny joke, I thought to myself. How did some one even get them up there? Little did I know that these shoes hung high in the sky, once bringing a smile to my face, would one day fil l my heart with sorrow and pain, threaten the binds that held my family so close together or almost take the life of my beloved sister. Never in my worst nightmare could I imagine something so right could go so wrong. I grew up in a family of three children, an older brother and a sister eighteen months younger, with two loving parents who would walk to the moon and back to keep us happy and healthy. I was one of the luckiest kids in the world, I used to tell myself, because when nothing else in my life was right, I always had my family to cheer me up and make my troubles disappear. I thought that is how each and every one of us felt, but I guess I was wrong. Some people have a talent of hiding how they are feeling; they keep her pain bottled up until one day when their bottle gets too full, it explodes. This is what happened to my sister, Susan. She was never one to be very open with her feelings or what she was thinking. I can still remember our weekly arguments about her not telling me what was going on in her life—school, friends, karate, boyfriends, work.

Thursday, October 24, 2019

Finding Neverland Essay

The movie Finding Neverland is about the writer J. M. Barrie and his journey of writing plays about imagination and happiness. Barrie has a close relationship with Sylvia Llewelyn Davies, and her sons, who give Barrie the idea of the well-known play Peter Pan. J. M. Barrie attends the reception of his latest play, ‘Little Mary’ and from this reception he meets Sylvia, who is a widow now. Barrie enjoys spending time with Sylvia and her four sons, and through this proves to be a great playmate and father-figure for the boys. Sylvia’s mother, Emma du Maurier does not like the amount of time Barrie spends with her family. Emma wants to take control of her daughter and grandsons, since Sylvia is becoming very weak from an unidentified illness. As Sylvia becomes more and more ill, she is unable to attend Barrie’s new play production. However, Barrie arranges a mini-version of his new play to be presented at her home. Finding Neverland can be interpreted using the archetypal literary criticism, as it does centre on the idea of the unconscious mind and its ability to hold and create universal symbols and patterns to which all humans can relate to. The archetypal hero character of this movie is playwright J. M. Barrie. Barrie, in the beginning of the movie, does not have any ideas of creating a new play. However, when he meets Sylvia’s four sons; George, Michael, Jack, and Peter, through their imagination, Barrie gets ideas. The imagination starts, when Barrie meets the Llewelyn family at London’s Kensington Gardens, while walking his St. Bernard dog. Ever since that day, Barrie has been spending a lot of time with Sylvia and her sons, creating imaginary worlds of pirates, castles and cowboys. For Barrie to create these imaginary worlds for the children, they cheer up and enjoy the time, since they do not have a father anymore. Apart from all this fun and enjoyment, there is a femme fatale character who is Emma du Maurier, the mother of Sylvia. Emma does not want Sylvia and her sons to be spending so much time with Barrie, because she thinks that he is corrupting their minds. By this, Emma tries to manipulate Sylvia into stopping the amount of time she and her sons spend with Barrie, and more time with the family. However, through all this manipulation and control from the mother, Sylvia and Barrie can be seen as two star-crossed lover, since they both love and care for each other in a close relationship. In Finding Neverland, the archetypal situation is for Barrie to create a new play. Barrie has a quest to complete, which is to get ideas about the next play he should write. For Barrie to meet Sylvia’s four sons, he got his whole idea of writing his next play, from these four boys imagination. Barrie’s has now reached his task, and that is to create a play using the imagination of kids and put it on stage to show to the public. Along with the quest Barrie has to undertake, there is an archetypal symbol of light and dark. The symbol of light in this movie, are the four boys and Sylvia. Without them, Barrie would be in a loss of ideas, since he gets the idea for his new play from his experience with the Llewelyn family. The symbol of darkness in this movie is the mother of Sylvia, Emma du Maurier. Emma, talks behind Barrie’s back and tries to tell Sylvia things about Barrie that are not true. Besides all the back talk, Barrie still is persistent in completing his task and showing the public his new play. Through further analysis of the movie Finding Neverland, Northrop Frye’s Four Story Model can be used to analyze this movie. The movie Finding Neverland can be analyzed as a romance story, since there is a world of innocence. In this world of innocence, the four boys are the ones who joyfully imagine with Barrie all the wonderful stories of pirates and kings and fulfill the desire for order and meaning. The hero, Barrie has an adversary who is Emma, the mother of Sylvia. She tries and stops Sylvia and her sons from playing with Barrie. The theme of this movie, makes use of visions and revelations, by the fact that Barrie gets the visions of his new play from all the imagination that the four kids show. Through these imaginations, Barrie shows a progress toward fulfillment in creating his new play. The basic plot, is Barrie goes on a perilous journey, a struggle follows in which he proves himself in the doing the task. When Barrie completes the quest of creating the new play, which is known as Peter Pan, there is triumph and exaltation of the hero Barrie. The basic imagery seen in this film, are trees and animals that come to life and assist Barrie in completing his quest, from all the imagination and creativity the four kids show to Barrie. To conclude, Barrie has accomplished his main goal, through all the creativity and imagination that was offered with the help of Sylvia’s four sons. Finding Neverland is a story that really emphasizes the importance of imagination and how it can really help someone in times of tragedy and loss. Humans need that creativity to imagine things in another world and use it for the benefit for oneself and other, just as Barrie did for Sylvia and her family.

Wednesday, October 23, 2019

Duplox Copiers Canada Limited Essay

Duplox Copiers Canada Limited is experiencing several severe issues that are affecting the profitability of the firm. The main issues at DCCL are: employee turnover is increasing, employee morale is low, and customer satisfaction has dropped while customer complaints have increased, and ultimately the biggest issue is revenue and profits have both decreased. From analyzing DCCL, it was determined that several strategic issues, including the current reward and compensation system, are having negative effects on employees, management, and the organization as a whole. The first major issue that DCCL is facing is an increase in employee turnover, particularly with the TSS’s. Turnover rates are high and DCCL is finding it difficult to keep their TSS’s in particular. This, in turn, is affecting the company’s ability to train and have TSS’s gain a required level of experience. The success of Duplox depends highly on the motivation and quality of work that the TSSs do. Because the TSS’s are the face of the company and involved in both the install of equipment as well as the servicing up equipment, it is imperative that customers have good experiences with the TSS’s. This is currently not occurring for as displayed in several instances. To begin, the TSS’s are experiencing a decline in  attitudes toward both their work and the company. Another major issue related to the TSS’s is that they seem to be struggling the most with maintaining a positive morale. TSS’s have little to no autonomy or ability to make any decisions on their own; everything is monitored and controlled by their supervisors. This is creating tension as they are being told what to do, even when company standards, such as safety, are not being met. When the machines are installed but do not meet safety standards, the equipment is suffering and is leading to more required maintenance and service calls. Customers are dissatisfied with having unreliable machines and the downtime associated with waiting for the TSS’s to make their service calls and this is causing an increase in complaints. Due to the fact that the TSS’s are constantly the ones who are dealing with customers face to face, they are taking the majority of the complaints and are being blamed for the constant need of maintenance on equipment. This is one major reason why the TSS’s are dealing with low morale. However, the TSS’s are not at fault in terms of installations that are not meeting safety standards; this issue is originating with the sales people. The sales people have a salary that only contributes to 50 % of their income, while the other 50 % is coming from how commission of sales. This is leading to the sales people forcing the closure of sales and not informing clients of safety standards that need to be changed prior to an installation. Compensation for TSS’s is also a factor that has become an issue for the organization. TSS’s are being given bonuses based on their productivity and their expense standards. Being given bonuses based on how efficient they are being in terms of their expense budget does not seem directly relatable to their job. Therefore, this is also causing tension and frustration for the TSS’s. Evaluation of their performance needs to be objective and relatable to what they are doing out in the field in terms of installations and service calls. Most of these issues can be related to the managerial style that is being conducted at DCCL. There is very little opportunity for employees to be able to make their own decisions. The structure is set up in a classical managerial style which is very controlling. Many of the issues the organization is experiencing can be attributed to the style of management which is not facilitating a healthy work environment for employees. Section B We feel that the structure of the company is fine, but feel that the solutions lay in redefining the job descriptions and also reworking the compensation strategy to better reflect the goals of the company and how they expect to be successful. However, eliminating the FSM position will occur, because it creates many redundancies in how the TSS’s operate. Changing the compensation strategy of the sales reps is of the utmost importance, because as it stands, they are just pushing as many new installations as possible, since they are rewarded per number of installation. This means that some of the installations are occurring in places that do not conform to company standards on space, ventilation, and wiring. This is causing more and more breakdowns, which in turn leads to many more service calls for the TSSs. Another major issue that needs to change is the managerial style. Currently, DCCL is operating in a classical managerial style. This has caused problems from poor communication, lack of motivation, low job satisfaction, and increased employee turnover rates. In order for DCCL to change their managerial style, they need to re-evaluate which style would work best. We believe that DCCL will excel with a shift to a human relations managerial style; this will allow for more autonomy and individual responsibility from employees, while still allowing managers to retain a level of control. Currently, managers are having to make every decisions and also supervise employees, such as the TSS’s, to an extreme degree. In order to have managers adopt a new managerial style focused more on human relations, a company meeting must be held. In this meeting, the issues that have come from the current managerial style would be outlined and this would be followed by a proposition for change. With a new managerial style, employees such as the TSS’s may become more motivated as they will have more responsibility and autonomy to operate on their own. In order to allow the TSS’s to operate more efficiently and with more autonomy, eliminating the position of FSM seems the best choice. The FSM often just acts as a middleman, whether it be relaying on the message to order a part, or relaying on information from the Training/Support Specialist. As a result, job descriptions for Training/Support Specialist and also Branch Service Manager will be redesigned. Both revisions are as below: Training/Support Specialist Under the direction of the Director of Technical Training and Support, develops and conducts technical training programs for Technical Support Specialists for a given Model series. Provides direct support to Technical Service Specialists via telephone or email to deal with complex problems for this model series. Assists Sales Training Specialists in the Marketing Department with preparation of training materials and programs for sales representatives. Branch Service Manager Under the general supervision of the Regional Service Manager, manages the installation and servicing of company products at that branch. Supervises field service managers and ensures that budgeted service revenue and cost targets are achieved for the branch. Monitors TSS expense reports to ensure efficient travel and repair costs. Evaluates current policies, procedures, and practices for achieving regional objectives and implements improved policies, procedures, and practices. Responsible for selection, training, evaluation, coaching, promotion, transfer, or discharge of field service managers, technical service specialists, and service clerks. Supervises service clerks and, in conjunction with the Manager of Branch Inventories, the Branch Inventory Clerk. In conjunction with the Branch Sales Manager, oversees the administration of the branch. The TSS’s are another point of concern, as many of the issues that are plaguing DCCL originate from these employees. However, it is not the fault of the TSS’s, but rather the structural system, combined with the job description and tasks given to the TSS’s. Having little to no ability to make their own decisions, the TSS’s have experienced a difficulty in staying motivated. Constant need to report to their supervisors makes it difficult for work to flow easily. Customers also focus their frustrations towards the TSS’s, as they are the ones who the customers see on a consistent basis. When new parts are needed to be ordered, the TSS’s must inform their supervisor so that they can order a new part, rather than just being able to place the order for the part themselves. The job description of the TSS’s will be revised as follows: TSS 1 TSS 1 will perform routine product installations and product servicing for all products within the Model series (1000, 2000, 3000, or 4000). Assists TSS 2 and 3 in complex product installations, breakdowns and overhauls. Orders new parts for installations when required directly from the main warehouse. Effectively manage expenses regarding repairs and travel in accordance with company policies. TSS 2 TSS 2 will perform complex product installations, repair of product breakdowns and malfunctions, and adjustment problems for all products in their model series (1000, 2000, 3000, or 4000). Supervises and trains TSS 1 in these functions and performs the initial on-the-job training for TSS 1 as required. Assists TSS 3 in major malfunctions and with major product overhauls. Effectively manage expenses regarding repairs and travel in accordance with company policies. TSS 3 TSS 3 will perform complex product installations, repair of major product breakdowns and malfunctions, adjustment of complex quality problems, and complex overhauls for all products in their model series (1000, 2000, 3000, or 4000). Supervises and trains TSS 2 in these functions. With collaboration from the Field Services Manager, may assist sales representatives in identification of the technical configuration of equipment that best suits customer needs. Effectively manage expenses regarding repairs and travel in accordance with company policies. Section C In order to account for different desired behaviours for different positions, it is necessary to group different jobs in job families. When grouping the jobs, we assessed job descriptions to group jobs that have similar descriptions and tasks, require similar knowledge, and are at similar levels in the company.  The following section outlines the Compensation Strategy Formulation Process. For each step in the process (required behaviour, role of compensation, compensation mix, and compensation level) we will outline how it will relate to each job family. Define the required Behaviour The number one behavior that will help DCCL is task behavior, which is when employees perform the tasks that have been assigned to them. One of the main  issues now is the disconnect between the sales people and the TSS’s. The sales people leave out important information, such as how crucial ventilation is to the machine, and as a result, the TSS’s are slammed with preventable service calls. The failure and breakdown rate caused by customers not being informed about what may be required to have the machine fit in their office. As a result, the breakdown and failure rate is higher than it should be, and is giving a bad reputation to the company. So by having more task behavior, the theories and rules, such as TSS’s refusing to do installs that do not meet specifications, or sales reps telling customers what alterations are necessary to have their machine perform optimally, even if it is a costly alteration. Compensation strategy will also influence a change in t he Director’s and manager’s behaviour. By changing their behaviour to citizen behaviour, more cooperation will occur between them and those working beneath them. Facilitating communication between positions will help DCCL become more productive. One way this will occur is that managers will work with the TSS’s, rather than commanding them on what they need to do. This will allow for opportunity to talk with one another on a more equal level and allow the TSS’s to voice concerns and communicate any ideas that they may have. Facilitators in the organization need to have membership behaviour and the compensation strategy will reflect this. Membership behaviour leads an employee to have a commitment to the organization allowing them to grow and prosper within that company. Having employees with membership behaviour also helps reduce turnover rates. Define the role of Compensation The role of compensation for DCCL will be to encourage employees to remain with the company, thus lowering the turnover. DCCL needs a compensation strategy that encourages employees to remain with the company, as turnover rates have been rising. It is expensive to replace employees, especially ones that require a great deal of training, like the TSS’s. Any facilitators as well need to be able to remain with the company, and may look for higher compensation. The employees, who have the ability to be trained and are hired with little required skill, can allow an organization to pay a lower compensation. However, the required behaviour of a certain position can affect the level of compensation that an employee may be seeking, as  motivational factors vary dependent on position. The salespeople are currently motived by a large compensation strategy that pays 50% of the salary and the rest is commissioned based. This is proving to be detrimental to the organization and must be adjusted so that these employees rely less on pure number of sales, this in turn allow them to make the proper sales to customers with environments that meet company specifications. Determine the compensation mix As behaviours and compensation are identified, a compensation mix of components will determine how effective the organization will be in eliciting behaviours in the most effective and efficient way. For the directors and managers, they will be compensated primarily on base pay. Performance pay will come from how well they are managing those beneath them, but will make up a smaller portion of their overall salary. The foundation for their base pay will be based on job evaluation as they are ones who have to ensure the organization is operating in an efficient manner. Director and managers will have the opportunity to receive benefits such as having a profit sharing incentive. Managers and other employees that are motivated by membership behaviour will have this option to have a share of the organization as their membership behaviour promotes commitment to the organization. The sales department are given a base pay based on job evaluation. Since their duty is to increase sales for the organization, those who sell more should receive pay based on their performance. Also, their commission for each sale should be less than what it currently is as it is proving to be a point of concern as they are selling without regard to whether the sale is being done correctly. Any performance pay should be linked as a group because this will eliminate any sort of unhealthy competition and promote the sales team to work together and accomplish sales. Facilitator and Tech are all based on pay for knowledge. Their base pay will be compensated based on their expanse of knowledge and their ability to diagnose problems that others are unable to do. As mentioned, these employees need to have membership behaviour because it is difficult to hire a specialist with the required knowledge. The longer they are with the organization, the more valuable they become because they spend time learning and gaining experience. This allows them to have indiv idual performance pay. Determine the compensation level Lagging, leading, or matching the market is the last step in determining compensation levels. For each job position there can be variation in terms of whether that position will lead, lag, or match the market. The directors and managers will be compensated at a level that is slightly above the market. In order to attract qualified and successful managers, offering above the market may attract those who feel they have an advantage in terms of their qualifications and are seeking something that compensates above average. Although it may cost the company more money, having a qualified and successful manager can improve an organization’s productivity which can be priceless. The sales department will match the market at base pay, but they will have the opportunity to earn group performance pay that would be higher than the market. As for the Facilitators and Techs, they will be compensated above the market. Since the market that DCCL is operating in is very competitive, it is important to attract qualified and effective Facilitators to give the organization an advantage over competitors. By having a compensation level that pays above the market, Facilitators will want to work for DCCL and remain with DCCL, which helps in promoting the required membership behaviour. From analyzing DCCL, we have concluded that the directors, managers, and the sales department all fall under the job evaluation system. For directors, there are a few compensable factors; education, experience, knowledge, mental effort, decision making, consequences of mistakes, supervisory responsibility, and employee relations. For education, a degree and business with a specialization of leadership and management or equivalent is desired as well as four years’ experience in a managerial or director role. They must have adequate knowledge of the industry from a previous position within the company or competitor is desired. The ability to make difficult decisions and not get stressed from the mental effort required. Able to handle the consequences and fix any mistakes made from a poor decision. Lastly, able to relate to employees while maintaining adequate supervisory responsibilities to ensure productivity, efficiency, and any safety issues as well. Managers have similar compensable factors to that of directors. These factors are as follows: education, experience, mental effort, decision making, supervisory responsibility, employee relations, and knowledge. For education, a degree and business with a specialization of leadership and management or equivalent is desired as well as two years’ experience in a managerial or director role. Education must be a postsecondary degree with a specialization in management or human relations. Experience of two years in a managerial context is required as well. The ability to make decisions is essential and to make them with confidence. Must be able to manage and supervise employees with respect to garner cooperation and productivity. Salespeople also fall under the job evaluation plan and their compensable factors are: human relations, friendliness, trustworthiness, interpersonal skills, communication skills, education, experience, and contact with  customers and clients. Salespeople must have postsecondary education along with two years’ experience in sales of some sort. Being able to relate to customers and clients while maintaining a friendly outlook and to be seen as trustworthy is essential. Also, must have the ability to communicate fluently and clearly as well as have knowledge of a second language is desired.