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Due Process and the Significance of Interpretation
The concept of "Due Process" is a uniquely American one, the significance of which has changed as much as has the societal and political times of the American nation. Today, some critics argue that Due Process is a thing of the past, what with the passing and signing into law of the National Defense Authorization Act, which authorizes the military to arrest and detain indefinitely civilians suspected of being terrorists. Nonetheless, it is not the lawmakers who have traditionally defined Due Process but the courts. This paper will discuss the meaning, history and importance of the constitutional concept of "Due Process" as contained in the Fifth and Fourteenth Amendments to the United States Constitution. It will also include a brief discussion of the conflicting positions of Justice ugo Black and Justice Felix Frankfurter with respect to the incorporation of rights under the Due…
Hyman, A.T. (2005). The Due Process Plank. Seton Hall Law Review, 43.
U.S. Constitution. Retrieved from http://www.law.cornell.edu/constitution/
Woods, T. (2008). Who Killed the Constitution? NY: Random House
In modern criminal procedure and practice, the Sixth Amendment also provides specific requirements of police, such as where criminal defendants express the desire to consult legal counsel. Irrespective of whether or not such a request precedes or follows the common recitation of Miranda warnings by arresting authorities, the Supreme Court
has now long-regarded any expression of request for legal counsel as the immediate cut-off point of any further questioning (Colon, 2004; Dershowitz, 2002).
Furthermore, the Sixth Amendment right to competent counsel need not specifically be expressed or invoked by the defendant. in-between 1961 and 1979, the Supreme Court expanded the requirements in that regard by applying standards that had been developed in-between 1932 and 1942 with respect to federal prosecutions to state prosecutions (Freidman, 2005). Those decisions entitled criminal defendants to the assignment of competent counsel anytime the defendant is financially incapable of acquiring his own legal representation or merely…
Conlon, E. (2004). Blue Blood. New York: Riverhead.
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Little Brown & Co.
Friedman, L.M. (2005). A History of American Law. New York: Simon & Schuster.
The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reasonable enforcement of law and protection of society by prosecuting and punishing criminal conduct.
One of the first principles in early American constitutional history was the idea that it was more beneficial to society and its citizens to protect the rights of the innocent than to ensure the apprehension, prosecution, and punishment of every perpetrator of criminal conduct. This is often expressed as the notion that it is "better to let 100 guilty men go free than to punish a single innocent man" (Dershowitz, 2002). In many other countries, the balance between freedom and law enforcement is shifted much more toward the other end of the spectrum, and as a result, citizens of those countries are subject…
Dershowitz, a.M. (2002) Shouting Fire: Civil Liberties in a Turbulent
Age. New York: Little Brown & Co.
Schmalleger, F. (1997) Criminal Justice Today.
New Jersey: Prentice Hall.
Due Process and the 14th Amendment
Which of the protections available to criminal offenders through the Bill of ights do not currently apply to the states?
"Like the rest of the Bill of ights, the Fourth Amendment originally only applied in federal court. However, in Wolf v. Colorado, 338 U.S. 25 (1949), the U.S. Supreme Court ruled that the rights guaranteed by the text of the Fourth Amendment…apply equally in state courts via the Fourteenth Amendment, which guarantees to the citizen of every state the right to due process and equal protection of the laws" (When the Fourth Amendment applies, 2013, Find Law). Although originally the Bill of ights only governed actions of the federal government, through the incorporation clause the Bill of ights has now been held to apply to all forms of government, not just at the federal level.
The exclusionary rule is the one exception to this…
Bill of Rights. (2013). Cornell University Law School. Retrieved:
Substantive due process. (2013). Stanford University Law School. Retrieved:
In addition to rulings related to due process in trials, the Supreme Court made several rulings highlighting the importance of due process in police detentions in the 20th century. In 1936, the Court ruled that confessions extracted through coercion would not be acceptable as evidences. Initially, the court condemned "police brutality" and later extended it to "psychological as well as physical coercion of prisoners" (Lewis 97). In 1961, in the case of Mapp v. Ohio, the Court ruled that the Fourth Amendment prohibition on illegal seizure of property was applicable to state laws, affirming that "No illegally seized evidence could be admitted at state criminal trials" (Lewis 98). These rulings were essential in codifying due process in reference to criminal proceedings.
Sometimes, war-related events pressure government officials to review or suspend some of the provisions of the Constitution in relation to persons' rights. The question of due process of detention…
Dworkin, Ronald. "Terror & the Attack on Civil Liberties." New York Review of Books. November 6, 2003.
Lewis, Anthony. Gideon's Trumpet. New York: Random House, 1964.
Due Process Clause Fourteenth Amendment is Important to Me
Adopted in 1868 to the U.S. Constitution during the Reconstruction era the Fourteenth amendment is known as one of the three Reconstruction Amendments. Of these three, the Fourteenth is the most complex and resulted in the greatest number of unforeseen effects. The Due Process Clause of the Fourteenth Amendment States "nor shall any State deprive any person of life, liberty, or property without due process of law…" Initially the intent of the amendment was to protect the Civil Rights Act passed in 1866, ensuring that persons born in the United States, excluding Indians not taxed, were citizens to be given full and equal benefit of all laws. Many feel the meaning of this passage is that a state has to use sufficiently fair and just legal procedures whenever it is going to lawfully take away a person's life, freedom or possessions.…
"Substansive Due Process." Stanford University. (N.D.). Web. 15 March 2013.
Rawls, John. "An Egalitarian Theory of Justice." A Theory of Justice. Cambridge MA: Harvard University Press, 1971. Print.
"The Importance of Due Process Rights." HubPages. 26 June 2011. Web. 17 March 2013.
Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student of instruction and the opportunity to learn. 676 F. Supp. 749, 752.
Ingraham v. Wright, 430 U.S. 651 (1977).
In Ingraham, petitioner students filed an action pursuant to 42 U.S.C.S. § 1981-1988, seeking damages and injunctive and declaratory relief against respondent school officials, alleging that petitioners had been subjected to corporal punishment in violation of their constitutional rights. At the time, a Florida statute authorized corporal punishment after a teacher consulted with a principal or other supervisor, as long as the corporal punishment was not degrading or unduly severe. Furthermore, the School Board had a regulation governing the application of corporal punishment, limiting it to swats with a wooden paddle, applied to a…
Barnard v. Inhabitants of Shelburne, 216 Mass. 19 (1913).
Board of Curators of the University of Missouri et al. v. Horowitz, 435 U.S. 78 (1978).
Cole v. Newton Special Municipal Separate School District, 676 F. Supp. 749 (S.D. Miss
In the case of Brady v. Maryland (1963) is a 14th Amendment case governing due process in the court of law. Brady was prosecuted for murder in a case where there were two accused, the other being a man named Boblit. There was a handwritten confession from Boblit stating that he was the killer. While Brady had admitted that he was there, he contended that he was not the killer. The prosecution had known about the handwritten confession, but had not disclosed this to the Brady defense. Brady was convicted. When the case went to the Appeals Court the conviction was upheld and the appeal only upheld for the sentencing.
The Supreme Court ruled that Brady had not received due process because the confession was important evidence to the defense. The prosecution withheld this evidence in order to bolster its case, and the court found this in contravention…
Brady v. Maryland - 373 U.S. 83 (1963). Retrieved June 6, 2014 from https://supreme.justia.com/cases/federal/us/373/83/case.html
Giglio v. United States - 405 U.S. 150 (1972). Retrieved June 6, 2014 from http://supreme.justia.com/cases/federal/us/405/150/case.html
United States v. Agurs - 427 U.S. 97 (1976). Retrieved June 6, 2014 from http://supreme.justia.com/cases/federal/us/427/97/
Legal Brief -- Cronin v. Town of Amesbury
Cronin v. Town of Amesbury, 895 F. Supp 375 (D. Mass 1995)
Type of Action
The action was an appeal on the part of Michael Cronin to the United States District Court in Massachusetts. It was an appeal on the grounds that a hearing into the determining of his job status took well over three years and that violated his due process rights. The court had to decide if the delay was a violation of his due process rights or if the investigation was "above-board."
Facts of the Case
Michael Cronin was a police chief in Amesbury. At some point, a pornographic letter was found in Cronin's desk and it was signed "Mike." When brought to the attention of the higher-ups, Cronin was suspended with pay pending a further investigation. However, this revelation did nto appear until three years after the letter…
Iris. "Three-Year Delay In Civil Service Decision Not A Violation Of Due Process." Three-Year Delay In Civil Service Decision Not A Violation Of Due Process. https://www.lris.com/pslndocs/02_1997_04.html (accessed June 19, 2014).
Leagle. "CRONIN v. TOWN OF AMESBURY | Leagle.com." CRONIN v. TOWN OF AMESBURY | Leagle.com. http://www.leagle.com/decision/19951270895FSupp375_11183.xml/CRONIN%20v.%20TOWN%20OF%20AMESBURY (accessed June 19, 2014).
OpenJurist. "OpenJurist." 81 F3d 257 Cronin v. Town of Amesbury. http://openjurist.org/81/f3d/257/cronin-v-town-of-amesbury (accessed June 19, 2014).
legal principle, Due Process, encapsulates all the guarantees to the rights of an individual or a group. The provision for these rights in the Constitution simply means that the interests of the individuals and groups covered by it are protected. The fundamental human rights include right to life, liberty, and the acquisition of property. Some people believe that individuals should also have a right to the pursuit of happiness. A critical look at Due Process reveals that it links to justice and fairness in every proceeding. The practice of viewing Due Process in this way is known as Procedural Due Process (ogers et al., 2007).
In isolation, the term "due process" may refer to the manner in which court proceedings are organized and administered. It then means that due process of the law could also be those statutes the legislative arm enacts. The Constitution clearly defines and separates Federal and…
Ball, H. (2006). Hugo Black: Cold Steel Warrior, New York: Oxford University Press.
Fradella, H. (2011). America's Courts and The Criminal Justice System. Belmont: Wadsworth.
Gunther, G. (1994). Learned Hand: The Man and the Judge, New York: Knopf
Rogers, R., Harrison, K., & Shuman, D. (2007). Law and human behavior. JSTOR, 177-192.
The 5th and 14th Amendment Due ProcessThe concept of due process is one of the important principles in the United States Constitution and judicial process. It is an old notion that started vaguely in the Magna Carta of England (Kohn, 2013). In the U.S. Constitution, the due process clause is in the 5th and 14th amendments. The due process clause in the U.S. Constitution requires fundamental procedural fairness and the respect of an individuals legal rights by the state. Under the 5th and 14th amendments, due process is classified into two i.e. procedural due process and substantive due process. The due process doctrine has been the subject of numerous judicial considerations including in the Matthews v. Eldridge case. This paper examines this case in terms of whether it provides sufficient guidelines for a court to ascertain whether procedural due process has been properly provided.The Matthews v. Eldridge CaseAs noted…
Kohn, R.E. (2013). Due process of law in private civil litigation: Is there anything new to say about it? (Yes, there is). The Federal Lawyer, 58-73.
Law Library. (n.d.). Matthews v. Eldridge Test. Retrieved November 22, 2021, from https://law.jrank.org/pages/8480/Mathews-v-Eldridge-Test.html
Mikula, M.F., Mabunda, L.M. & Marion, A.M. (1999). Matthews v. Eldridge. Retrieved November 22, 2021, from https://lopes.idm.oclc.org/login?url=https://search.credoreference.com/content/entry/greatcourts/mathews_v_eldridge/0?institutionId=5865
The Right to Due Process and Privacy in Times of Coronavirus
One of the major problems in the US and the wider world is the dissemination of news or information that is accepted uncritically as gospel truth because it comes from a trusted source, a trusted outlet, a trusted organization, or a professional with the right sort of credentials that get people to assume trust. With regards to the coronavirus there is a great deal of misinformation and a great deal of legitimate questions and points that are raised by professionals, doctors, scientists, researchers and people with extensive backgrounds in epidemiology and health care that are not promoted in the mainstream media because those questions and points do not provoke fear and hysteria, which are the main drivers of the lockdown. Governors across the US have used fear and hysteria, rather than common sense, as justification for locking down…
Criminal Law Due Process
Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.
Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…
Criminal Procedure. (2010, August 19). Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_procedure
Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading. (2013). Retrieved from JRank: http://law.jrank.org/pages/6315/Due-Process-Law.html
Fifth Amendment. (n.d.). Retrieved from Cornell University Law School: http://www.law.cornell.edu/we/fifth_amendment
Procedural Due Process. (n.d.). Retrieved from University of Missouri: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, this paper reviews the relevant literature to provide a discussion concerning the meaning, history and importance of the constitutional concept of "due process" as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. A brief discussion analyzing the conflicting positions of Justices Hugo Black and Felix Frankfurter with respect to the incorporation of American citizens' rights under the due process clause of the Fourteenth Amendment, and how these Justices' positions helped develop the concept of due process is followed by a summary of the research and important findings concerning due process in the conclusion.
.eview and Discussion
According to Black's Law Dictionary, "due process of law" means…
Bernstein, D.E. (2003, November). Lochner's legacy's legacy. Texas Law Review, 82(1), 1.
Bodenhamer, D.J. (2007). Our rights. Oxford: Oxford University Press.
Chapman, N.S. & McConnell, M.W. (2012, May). Due process as separation of powers. The Yale Law Journal, 121(7), 1672-1677.
Fifth amendment. (2014). Legal Information Institute. Retrieved from http://www.law.
ights Accused 1.Fully defined due process origins, Completed 90-100% accuracy, 2.Fully explained due process protects accused abuses federal government. Complete 90-100% accuracy, thoroughness, logic, Used (3) reference directed.
Due process was one of the first rights that were created in the U.S. constitution. The history of due process comes from the year 1355 when the phrase was coined at the time when there was the first government. The Great Charter of the Liberties of England statute stated that no man would be imprisoned or prevented from enjoying their freedom or liberty or be outlawed or exiled unless by lawful judgment that is passed or by the law of the land. Several years later in the 28th year of the reign of King Edward III, it became a declaration that no man was allowed to be deprived of their property, be imprisoned, disinherited or killed without being charged by the due…
Holmes, N.J., & Ramen, C. (2011). Understanding the Rights of the Accused. New York, NY: Rosen Publishing Group.
Israel, J.H., Kamisar, Y., & LaFave, W.R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing.
Nicholaidis, N. (1989). Sixth Amendment Right to a Speedy and Public Trial. American Criminal Law Review, 26(4), 1489-1505.
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.
In the Case of Miranda v. rizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly advised of his right to counsel and of his right to remain silent, and if he waived these rights, the waiver had to be voluntary and knowingly. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent 20-30-year sentences for the two crimes he confessed to.
The U.S. Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…
Another benefit involves the rights themselves. The police often persuade the accused that cooperating will benefit them in the long run. It is easy for someone who has been arrested to assume that this implies talking will lead to leniency. The problem is that any leniency by the police is either not ethical or is strictly up to the discretions of the police. So, there is often uneven leverage whenever the police want to interrogate an accused.
Also, if not advised, many people would assume that they are entitled to a lawyer, but later. Without knowing that you are allowed to have a lawyer present during police questioning, few people are going to assert the right they did not they had. The same is true about the right to have an attorney appointed if you cannot afford one. It is plausible that most people assume this only apply in the courtroom and not at the police station. Without an attorney present, most arrestees will not know that they have the right to stop an interrogation at any time or that using the rights cannot be held against them. For all of the above reasons, the rights bestowed upon Americans in Miranda are absolutely vital to protecting our Fifth and Sixth Amendment rights to due process of the law.
The two very important decisions of the United States Supreme Court in the 1960's have both gone a long way in preserving the basic and fundamental liberties that Americans have enjoyed since our inception as a country. While there are times these safeguards backfire and allow guilty people to go free, it is more essential that all Americans have the peace of mind that comes with knowing if they are ever charged with a crime, they will not also be subject to the unfair practices that the Bill of Rights are designed to prevent.
Administrative Agencies and Due Process
In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to limit these basic protections. Part of the reason for this was because, Congress wanted to safeguard former slaves and minorities from being discriminated against. ("The Civil Rights Act of 1866," 2011)
However, as time went by it became apparent that the more added protections were needed to ensure that everyone was given the same safeguards under the law. As a result, Congress passed the 14th Amendment to the U.S. Constitution. The established four basic principals that were designed to…
Board of Regents of the State Colleges v. Roth. (n.d.). Cornell University. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0564_ZO.html
Ceriorari. (2011). The Free Dictionary. Retrieved from: http://www.thefreedictionary.com/certiorari
The Civil Rights Act of 1866. (2011). Spartacus. Retrieved from: http://www.spartacus.schoolnet.co.uk/USAcivil1866.htm
Cleveland Board of Education vs. Loudermill. (n.d.). UMKC. Retrieved from: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/Loudermill.html
ights of the Accused
The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause in the Fourth Amendment for many of the Bill of ights provisions to states through the incorporation process. During the colonial years and period towards the adoption of the Constitution, the meaning of due process was basically stated on the basis of notification and fair hearing. As a result, the due process clauses in the state organic laws were understood to relate to process instead of matters of substance. Currently, despite of these controversies, due process is mainly used…
Carey, G.W. (2011, October 5). Due Process. Retrieved October 29, 2012, from http://www.firstprinciplesjournal.com/articles.aspx?article=867&theme=home&loc=b
"Chapter 8 -- Rights of the Accused." (n.d.). Rights of the People. Retrieved from InfoUSA
U.S. Department of State website: http://infousa.state.gov/government/overview/accused.html
"Due Process." (n.d.). Lectric Law Library. Retrieved October 29, 2012, from http://www.lectlaw.com/def/d080.htm
The way this type of policy could be implemented would be: to observe what the different ethical situations that are occurring. Then ask employees what their overall views on ethics are, this will help you to have an idea about what is influencing their behavior. At which point, you want to make suggestions as to how they could view and handle different situations in the future (by addressing an obvious ethical weakness). Over the course of time, this will teach employees new ethical ideas and flexibility, which they can apply to situations that are occurring everyday.
Clearly, there are a number of different ethical theories that are used to explain and influence the actions that everyone takes in their daily lives. However, each of these different theories has created conflict, where there are obvious strengths and weaknesses. Three different theories that were examined, using different literature include: applied ethics, moral…
Chadwick, R. (2002). Self Enlightenment of Applied Ethics. Applied Ethics: Critical Concepts in Philosophy. (pp.
36-47) New York, NY: Routledge.
Doris, J. (2006). Moral Psychology: Empirical Approaches. Stanford Encyclopedia of Philosophy. 15 (7).
Rich, a. (2004). Descriptive Ethics. Business and Economic Ethics: The Ethics of Economic Systems. (pp 38-51)
Current and Future State of Criminal LawThe 5th and 14th Amendments procedural due process provides the standard to determine whether someone has been treated fairly by the judicial system. The amendments created a model of strict compliance with regular procedures in order to protect citizens against tyranny. Procedural due process has been viewed as flexible and adaptable to changing situations (Parkin, 2019). However, in recent years, courts have become less interested in ordering alternative or extra procedural safeguards, which has represented a change in how procedural due process is viewed. Currently, procedural due process has been characterized by procedural innovations as government agencies and court systems are reforming procedures. As bottom-up procedural experimentation continues to increase, procedural due process is likely to evolve in the coming years to include procedural innovations. Procedural due process will be characterized by experimentation with new and varying procedural safeguards at federal, state, and local…
ReferencesAmerican Civil Liberties Union. (n.d.). ACLU fact sheet on the proposed victims rights amendment. Retrieved January 6, 2022, from https://www.aclu.org/other/aclu-fact-sheet-proposed-victims-rights-amendment Gewurz, D.B. & Mercurio, M.A. (2000). The Victims Bill of Rights: Are victims all dressed up with no place to go? Journal of Civil Rights and Economic Development, 8(1), 251-277.Parkin, J. (2019). Dialogic due process. University of Pennsylvania Law Review, 167, 1115-1159.
They are occasionally informed too poorly to make an opinion, or are simply uninterested in some aspects of politics. Public opinion used to be measured through voting, letter writing, and demonstrating. However, those who write letter and demonstrate generally have views that are more extreme than those of the public (166-168). Thus, the public opinion poll was introduced. Examples of public opinion polling include President Barack Obama's approval rating, which is currently 68%, and the 72% that believe the U.S. will be "better off in four years" (Gallup). Public opinion polls are important because they "keep the public well informed," as well as keeping the public in touch with important shifts in public opinion" ("Are opinion polls useful?").
Using a random sampling method, the public opinion poll uses probability to reflect the views of the public. That is, by using a random selection of the population, the opinions of the…
Are Opinion Polls Useful?" American Historical Association. 25 January 2008. http://www.historians.org/projects/GIRoundtable/Polls/Polls5.htm
Gallup. "Obama Starts with 68% Job Approval." Gallup. 24 Jauary 2008. 25 January 2008. http://www.gallup.com/Home.aspx
psychological process that leads to terrorism. The author achieves this through using a metaphor that narrows down a staircase that leads to the act of terrorism at the top of a building. This staircase usually leads to higher and higher floors, one remaining on a particular floor is dependent on doors, and spaces, which the person imagines, are going to open to them on that particular floor. This staircase of terrorism has a ground floor and five higher floors. A particular psychological process characterizes the behavior in each of the floor. The ground floor is occupied by majority of the people here what matters most are fairness and just treatment perceptions. People then climb to the first floor and they try out different floors in search of solutions to their perceived unjust treatment. The second floor is where the individuals have misplaced aggressions that influence their terrorist acts. Those who…
Fathali, M.(2009).The staircase to terrorism. A psychological exploration.
Virginia Juvenile Justice Process
In 1800's the juvenile justice system was created to reform U.S.A. policies regarding youth offenders. United state's original intent of juvenile justice system has shifted due to a number of reforms aimed at both protecting the "due process of law" rights of youth, and creating an aversion towards jail among the young, these reforms has made the system more comparable to the adult system
History of Juvenile Competency Services in Virginia:
After a year long study conducted by the Virginia commission on youth the juvenile competency statutes were enacted. there were individuals from different groups that participated in the study, these individuals were from the Office of the Attorney General, juvenile court judges, prosecutors, public defenders, children's advocates, faculty from the University of Virginia and the University of ichmond, and senior administrative personnel from the state department of mental health, the state department of juvenile justice,…
Commonwealth of Virginia, (2011). Steps in the Virginia Juvenile Justice System. Retrieved September 9, 2011 from:
Eisten Law, (2008). History of America's Juvenile Justice System. Retrieved September 9, 2011 from http://www.lawyershop.com/practice-areas/criminal-law/juvenile-law/history
The staffing process, be it hiring, selecting or deselecting of individuals is usually quite a complex and multidimensional decision making process that can have ramifications on teams, individuals and even organizations. The paper will look at how staffing decisions are made using a particular staffing model or decision making system. It will also give an explanation on the role of validity, utility and fairness when it comes to evaluation of staffing decision. Ethical and legal issues that might arise from staffing procedures that do not meet standards will also be highlighted.
Staffing decisions are those that are associated with recruitment, selection, promotion and separation of employees. Modern jobs are quite complex and therefore for one to be successful in these modern jobs they have to have attributes like general mental ability, conscientiousness, communication skills as well as specialized knowledge. This implies that information on a candidate has to…
Landy, F.J., & Conte, J.M. (2013). Work in the 21st century: An introduction to industrial and organizational psychology (4th ed.). Hoboken, N.J.: John Wiley & Sons.
Chapter 6: Staffing Decisions
U.S. Equal Employment Opportunity Commission (n.d.). Uniform Guidelines on Employee Selection Procedures. Retrieved from http://www.eeoc.gov/policy/docs/factemployment_procedures.html
U.S. Equal Employment Opportunity Commission (n.d.). Age Discrimination in Employment Act of 1967. Retrieved from http://www.eeoc.gov/laws/statutes/adea.cfm
gathering and using knowledge as a basis for making decisions in formal settings is an old one. If one is to gain advantage over their rivals, it is essential to gather updated knowledge that is also accurate with regard to what they intend to do and their capabilities. The principle applies across a wide range of fields including military strategies, politics, criminal intelligence circles and business. Further, it is a continually evolving process. It has been changing in response to socio-cultural factors, higher advanced analytical skill requirements, organizational demands, and even technology. Review of the roots of intelligence and the analytical procedures as a pre-occupation and profession is a consultative activity. Such analysis of the background of intelligence processes helps us to understand the past, the present and help anticipate the future. We also learn, in the process, that intelligence gathering is an ever evolving field. Consequently, if the practice…
CIA. (n.d.). Signals Intelligence Activities. Retrieved from cia.gov: https://www.cia.gov/library/reports/Policy-and-Procedures-for-CIA-Signals-Intelligence-Activities.pdf
Erickson, M. H. (1929). Study of the Relationship Between Intelligence and Crime. Journal of Criminal Law and Criminology.
Manget, F. F. (2006). INTELLIGENCE AND THE CRIMINAL LAW SYSTEM. STANFORD LAW AND POLICY REVIEW, 415.
Ratcliffe, J. H. (2007). Integrated Intelligence and Crime Analysis. Police Foundation.
processed foods and diet has had a negative effect upon many populations, particularly contributing to obesity and potential Type-II diabetes and a host of other problems. Medical doctors, scholars, researchers are all in agreement that there is a complete link between what we eat and drink, and the consequences to our overall health. Technology has certainly done wonders for learning, but has also contributed to children preferring video games to outdoor exercise. This, in combination with diet and sugary sodas at school has negatively impacted children's health. Dutch researchers in public health and epidemiology were so alarmed by these trends they developed a study to measure the effects of using fruits and vegetables as an intervention during mid-morning school breaks (Tak, et.al., 2010). These researchers are very well qualified on this topic, as they are professionals in Epidemiology, Biostatistics, and Public Health with major universities in Holland. The information contained…
Sample Selection- The study included 705 mixed gender children aged 9-10 years old in 4th grade. Fifty-five schools participated; 31 segmented for intervention and 24 as control. There were schools in five cities that met all participation criteria and there were slightly more girls who completed the study than boys. Enough extra participants were recruited during the initial stages of the study to result in the 705 completed; thus having a large enough population that was statistically viable and longitudinally appropriate. However, the Schoolgruiten research group selected the intervention cities, set the control parameters, and although there were baseline differences between the intervention and control groups, quantitatively speaking there was not necessary adequate adjustments for many demographic or psychographic variables within the study groups. From a quantitative perspective, a more clustering of variables (income, age of parent, educational level, and more) should have been structured into the study as opposed to using governmental mandates for certain groups (Halkidi and Vazirgaiannis, 2001). The research groups provided consent, teachers knew which groups had fruit and vegetable intervention, but the governance of the research was more administrative and political than scholarly in orientation.
Design and Data Collection- The design of the study was quasi-experimental and included a pre -- and post-test. Baseline measurements were conducted prior to the start of the intervention and the first follow-up was 1 year later, the second 2 years later. Both children and their parents completed questionnaires about the child's intake of food. Children completed the questionnaire within one school hour and were guided by teachers. All responses were treated confidentially, tagged and coded by independent researchers, and all had appropriate levels of consent. Questionnaires contained parallel questions for parents and children and a single item focus was done to see what the children brought to school vs. their consumption, then habits over the course of two years. Schools were not obliged to change their school policies, although teachers were asked to encourage students to bring fruits and vegetables and a specific section in a special lunch-box was given to students. The major focus of the intervention was to give a piece of fruit or vegetable (apple or orange slices, sherry tomatoes, baby carrots) free, twice a week during the mid-morning break in their own classroom, supervised by the instructor.
This approach used a mixed method of both qualitative and quantitative interpretation methods. Because the data was self-reported, longitudinal, and some of the groups were chosen by a non-research body, much of the material measured was not precisely quantitative in nature. From a quantitative standpoint, the numeric analysis of this data did show patterns, and was validated through statistical means. It focused more on the aspects of collecting and analyzing the intervention methods than explaining the causative factors influencing the basic hypothesis of the research. Too, while the data
Any department adopting the civil service procedure to hire is expected to use a hiring ratio, which in most cases is based on criteria that are non-objective. In conjunction with the civil service process, a federal process known as the affirmative action is used, and its main aim is to ensure there are no gender discriminations or biases in relation of ethnic background. it, therefore, helps in transparency during the selection of law enforcement officers. The police agencies should be ready to abide to these criteria for them to acquire the best workforce (Bagley, 2007).
The issues of promotions in the police workforce are also determined by the civil service agency, and the police departments hardly have any mandate to promote their employees. After a certain study, there was a revelation that over 80% of the police bodies and departments in most of the cities, including Iowa, were under the…
Kotchegura, a. (2008) Civil Service Reform in Post-Communist Countries: Netherlands, Amsterdam University Press.
Bagley, P.D. (2007) the Everything Guide to Careers in Law Enforcement: A Complete Handbook: New York, Everything Books.
Cordner, G.W. & Scarborough, K.E. (2010) Police Administration: New York, Elsevier.
Richard, M.A., Emener, W.G. & Hutchison, W.S. Jr. (2009) Employee Assistance Programs: Wellness/Enhancement Programming: New York, Charles C. Thomas Publishers.
The second area of waste is seen when the customer is asked if they want help for a new product or an existing product, where there is an exiting product query the costumer is taken to a different member of staff. This occurs despite the fact most of the staff have a very good knowledge f the existing products, undertaken as part of their training. This also increases the complexity and staffing requirements of the scheduling to ensure both sections of the store are staffed. It may create a disjointed feeling for the customers who have a query on an existing product; it also increases the costs due to the staff arrangements and lack of inter-changeability when the staff are working.
The last area of inefficiency is seen when a sale is made. If the customer wants a printed receipt it is sent wireless from the hand held sales unit…
In the improved process each of the inefficiencies are improved. The smallest change is with the first weakness, where customers are left alone. A simple change here will be with the sales staff simply informing the customer that if they need help just to let them know; a simple, but small change.
The second change is the biggest change. In the new process once a customer is asked of they would like some help and they tell the sales person what help they need, they are then able to help the customer regardless of whether it is for a sale or for support on an existing product. In the majority of cases the sales people can help, this will reduce the need to differentiate the staff on each shift between sales and support, as they have had the same training. The empowerment of the staff in this way may also increase motivation, as they are able to do more (Mathis and Jackson, 2010). It may also reduce the wasted labor needed to staff
How is process improvement important to achieving transportation excellence? How might process improvement be extended to other areas of logistics planning?
Process improvements are predicated on cost reduction. Costs, irrespective of company size, often hinder business progress as company profit growth is inhibited. Through the use of process improvements, company's can achieve efficiencies they otherwise may not have attained due to system optimization. Process improvements can come in a litany of different forms depending on the size of the company and the industry in which it operates. For large companies in commodity businesses, process improvements are integral in reducing overall product prices. In commodity businesses with little differentiation, cost is ultimately the determining factor in regards to consumer purchasing behavior. A consumer shopping for an apple for instance is concerned with the overall price of the apple rather than any differentiating factor. As such, the producers of this commodity…
1) Harrington, H.J. (et al.) (1997). "Business process improvement workbook: documentation, analysis, design, and management of business process improvement." McGraw-Hill. Retrieved March 16, 2012. ISBN 0-07-026779-0
2) Kock, Nereu F. (et al.) (1994). The nature of data, information and knowledge exchanges in business processes: implications for process improvement and organizational learning.
This should always be the case and bad things will happen again if Toyota stumbles. The fact that Toyota is not a domestic car maker will be used against them by opportunists.
A struggle that has been encountered by many car makers is the "complex web" (as the case study calls it) of dealers, parts suppliers, offices and so forth that have to be managed when running a car company. Toyota has nearly nine thousand employees in the United States alone and they (as well as the dealers) are strewn across the United States.
The management of inventories, parts and customer support in general needs to be as complex as it needs to be but it should not be made less simple than it can be. Building up the corporate morass of bureaucracy is idea because it limits the company's ability to react to crises, such as the…
Yahoo. (2013, February 24). TM Profile | Toyota Motor Corporation Common Stock - Yahoo! Finance. Yahoo! Finance - Business Finance, Stock Market, Quotes, News. Retrieved February 24, 2013, from http://finance.yahoo.com/q/pr?s=TM+Profile
Yahoo. (2013, February 24). TM: Summary for Toyota Motor Corporation Common- Yahoo! Finance. Yahoo! Finance - Business Finance, Stock Market, Quotes, News. Retrieved February 24, 2013, from http://finance.yahoo.com/q?s=TM
Yahoo. (2013, February 24). TM Key Statistics | Toyota Motor Corporation Common Stock - Yahoo! Finance. Yahoo! Finance - Business Finance, Stock Market, Quotes, News. Retrieved February 24, 2013, from http://finance.yahoo.com/q/ks?s=TM+Key+Statistics
Yahoo. (2013, February 24). TM Competitors | Toyota Motor Corporation Common Stock - Yahoo! Finance. Yahoo! Finance - Business Finance, Stock Market, Quotes, News. Retrieved February 24, 2013, from http://finance.yahoo.com/q/co?s=TM+Competitors
international business expansion process.
International recruitment and selection brings a number of challenges for business organizations. They not only face difficulties in hiring the desired skillful staff from the host country, but may also have to deal with severe financial and cultural diversity issues. Through this research study, an effort has been made to highlight the major challenges and issues which make the international recruitment and selection process more complex and challenging for multinational organization.
The research report starts with an ample introduction to the esearch question and proceeds by highlighting the core objectives of the research study. The research question clearly states the major objective of this research study in a quite precise and succinct manner. The most important section of the research report is Literature review which has been written after a comprehensive research from a number of academic and industry journal articles and books; most of which…
Ashamalla, M.H. 1998, International Human Resource Management Practices: the Challenge of Expatriation. CR, 8 (2): 54-63.
Andeason, A.W. 2003, Expatriate Adjustment to Foreign Assignments. The International 6 tyJournal of Commerce and Management, 13 (1): 42-60.
Andersen, T.M., & Svarer, M. 2006, Flexicurity -- the Danish Labor Market Model. Available from [Accessed July 26th, 2012]
Baudler, C.R. 2011, Employee Engagement: Through Effective Performance Management by Edward M. Mone and Manuel London, Personnel Psychology, 64 (3): 813 -- 816.
Finance-dominated proponents also maintain that boom economic periods generate a more varied divergence of valuations that fuel merger activity (Medlen 2007). In this regard, Medlen concludes that, "Taken collectively, these understandings may explain some of the merger activity in booms, but they involve certain asymmetries that undercut their explanatory power. High stock valuations allow stock to be utilized as currency and collateral for takeovers; yet stock booms also make targets expensive" (p. 202). Moreover, despite the commonly held perception that mergers are a "quick and dirty" way to grow a business and achieve organizational goals, there remains a lack of convincing empirical evidence in support of this perception (Medlen 2007). As Medlen points out, an "anomalous fact about mergers concerns the lack of evidence that mergers are profitable. This fact begs the question: why then are mergers carried out with such frequency and with such large levels of capitalization?" (p.…
Ahern, K.A. & Weston, J.F. (2007). 'M&as: the Good, the Bad, and the Ugly.' Journal
of Applied Finance, vol. 17, no. 1, pp. 5-7.
Babbie, E. (1990). Survey Research Methods (2nd ed.). Belmont, CA: Wadsworth
Process map the "current" situation or process for completing new JPF policy applications. Highlight and color code the different kinds of MUDA that exist(ed) in the process and describe how the MUDA impacted quality, cost and customer satisfaction.
Transportation -- the processes were set up in functional departments as opposed to trying to create a value chain. As a result, office mail had to move files to various floors creating inefficiencies in file transportation.
Inventory -- Inventory (applications for service) was processed in large batches and contained a mix of different complexities of applications. Thus inventory would build up and not flow.
M: Motion -- Due to the large batches, the motion of the process was intermittent and ineffective. There was no flow through the processes until this was recognized.
W: Wait -- Since some applications required more work than others and these were not separated, the easier…
map, process chain) ScrewFast Inc. ( information case instructions Slack, "Operations Management," Chapter 5 flow charts) • Analyze interfaces departments ( case instructions) • Prepare a flow chart redesigned process • Provide detailed recommendations improvement ScrewFast Inc.
Screw Fast Inc. is a global company of screws and nuts and it is currently looking to restructure its processes and to improve its operations. The current project addresses this need by forwarding several recommendations.
Process flow chart
The chart below reveals the structure of the processes completed at Screw Fast Inc., and the lines below explain the flow chart.
The first process at Crew Fast Inc. is that of registering the orders, step which is completed with the aid of Customer Master Data and Article Master Data systems.
The new orders are processed based on the nature of the products demanded. Standardized products are ordered by the warehouse and non-standardized…
Case study of Screw Fast Inc. In Management Results
Federal Procurement Process
Highly publicized incidents such as the federal government purchasing at $500 hammer or $2,500 toilet seat continue to capture headlines as examples of a federal procurement process gone awry, but these notorious examples have become few and far between in recent years, due in large part to significant reforms such as the Federal Acquisition Streamlining Act of 1994 that minimized some of these problems. Despite these substantive reforms, the federal government continues to receive criticisms concerning the manner in which it administers the procurement process. In order to gain new insights in this area, this paper provides a review of the relevant literature to describe the legal and administrative framework and socio-economic considerations of the federal procurement process. A summary of the research and important findings are presented in the conclusion.
eview and Discussion
At present, federal procurement contracts are governed by a number of…
Farazmand, A. (2001). Privatization or public enterprise reform? International case studies with implications for public management. Westport, CT: Greenwood.
Nou, J. (2009). Privatizing democracy: Promoting election integrity through procurement contracts. Yale Law Journal, 118(4), 744.
Sparks, H.C. & Wichmann, H. (2007). Help clients get government contracts: Quick, who is the biggest customer in the world? Journal of Accountancy, 203(3), 32-34.
Industrialization in America
The process of industrialization can be categorized as the first step towards a social and economic transformation which affected the whole world in ways beyond comprehension. In a nutshell, the world we live in today was nowhere near what it is today before industrialization changed the face of the world. America too greatly adapted to this change and saw itself changing and advancing in the face of the new inventions and advancements. However, with the benefits of the phenomenon came some drawbacks which could not be ignored. The next sections focus on two ways in which industrialization proved to be a blessing for the Americans as well as two ways that it created problems (Alonso, 1994).
One industry that saw phenomenal changes after industrialization came about was the American agricultural industry. The farming techniques became greatly advanced and mechanization made things much easier and reduced the…
Alonso, I.T. (1994). Trade, Industrialization and Integration in the 20th-Century Central America. Praeger Publications.
Amsden, A.H. (2000). The Rise of the Rest: Challenges to the West from Late-Industrialization Economies. Oxford University Press.
Walker, R. (2004). The roots of American Industrialization. The Geographical Review .
Applying Statistical Process Control Pharmaceutical Manufacturing
The use of applied statistics in studying a pharmaceutical manufacturing process is examined in the work of Tiani (2004) reports that health care quality is critically important in society and the quality of health care is important to all individuals. It is important that treatment is given in an accurate manner and this is particularly true of medications given to patients as it is expected that "the bottle of medicine has the specified number of tablets and that each tablet contains the specified quantity of the correct drug." (Tiani, 2004)
Legal and Regulatory Framework
There are legal and regulatory requirements set out in the law of the United States that the quality of medications be controlled in the pharmaceutical industry. The regulations are contained in federal statutes and outline "a quality control functions that emphasizes inspection and defect detection, and pharmaceutical quality control technology."…
Shanley, Agnes (2011) No Time for Process Control? PharmaManufacturing Magazine. Retrieved from: http://www.pharmamanufacturing.com/articles/2010/123.html?page=full
Janardhan, 2011, Pala Bashanam (2011) Pharmaceutical Manufacturing: Embracing Process Analytical Technology. Pharma Focus Asia. Retrieved from: http://www.pharmafocusasia.com/manufacturing/pharmaceutical_manufacturing_pat.htm
Moore, V (2003) Statistical Process Control. Chapter 24 9 Apr 2003. Retrieved from: http://www.uncp.edu/home/marson/360chapter24.pdf
Guidance for Industry Process Validation: General Principles and Practices (2011) U.S. Department of Health and Human Services Food and Drug Administration Center for Drug Evaluation and Research (CDER) Jan 2011. Retrieved from: http://www.pharmamanufacturing.com/wp_downloads/pdf/FDAProcessValidationJan2011.pdf
Strengthening the Nurse Orientation Process
Strengthening the orientation process
The healthcare management has been recording increasing developments of shortage of the human resource. This worrying trend has severed the health facilities to near grounding their functioning and purpose. However, research and interviews have attributed this trend to factors related to the orientation programs (Christmas, 2008). Most orientation schedules have been faulty in delivering the desired attention in the practicing interim nurses so that they can remain in the unit of practice. For this reason, the role of the nurse leader is being questioned. How is the nurse leadership role effective in overseeing the nurse orientation process? In my role as a nurse leader, it is my initiative to ensure that the orientation schedule in my unit is effective.
To strengthen the nurse orientation process, there are certain key aspects that I will stress. These areas include the assessment section, communication,…
Christmas, K. (2008). How work environment impacts retention. Nursing Economic$, 26(5),
316 -- 318.
Jones, C., & Gates, M. (2007). The costs and benefits of nurse turnover: a business case for nurse retention. Online Journal Of Issues In Nursing, 12(3). Retrieved from http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/
SMEs Internationalization Process
TADITIONAL MAKETING APPOACH
Uppsala model (the classical model)
EXPOT ENTY MODES
INTEMEDIATE ENTY MODES
Hierarchical entry modes
Traditional Marketing Approach:
An American born British economist, Edith Elura Penrose has described the traditional marketing approach in his exceptional work "The Theory of the Growth of the Firm." The writer has described how the firm grows and how effectively and efficiently it can grow at a faster pace. Penrose had participated in a research which reviewed the growth of the firms. After the through research she found out that the theory which existed at that time related to the growth of the firms was not sufficient enough to clarify the growth of the firms. The growth of the firm which is in theory is different from the practical circumstances that the firms have…
Root, Franklin R. (1994), Entry Strategies for International markets, John Wiley & Sons, Inc.
Yoshino, M.Y.; Rangan, U.S. (1995), Strategic alliances: an entrepreneurial approach to globalization, Harvard Business Press
Foley, J. (1999), The Global Entrepreneur: taking your business international Age, Dearborn,
Hoy, F.; Stanworth, J. (2003), Franchising: an international perspective, Routledge
Nike's Marketing Process:
Marketing is generally defined as a social process through which individuals and groups acquire what they need by developing and exchanging products and services with others. This process involves planning, evaluation, execution, and management of programs that are developed keenly to facilitate free transfer of values with the intended audience to accomplish the objectives of the business. The success of any private or public company is dependent on its core marketing concepts and the various elements of the marketing process. One of the major examples of a public limited company that has demonstrated superb marketing skills is Nike. The firm's marketing skills have emerged from the fact that it has developed the ever-present swoosh into one of widely recognized brand symbols across the globe.
Nike's Marketing Concepts and Marketing Process:
As previously mentioned, Nike's superb marketing skills are evident through the power of its logo and brand…
Bhasin, H 2010, Marketing Mix Nike, Marketing 91, viewed 26 December 2012,
Chow, R 2012, International vs. Domestic Marketing, Business Master, viewed 26 December
Presidential Disaster Declaration Process
Preparedness and Mitigation from Disasters in the Twentieth Century
Numerous disasters have always brought intensive destruction to the environment and human lives over the years. The twentieth century, however, has experienced rather greater disasters, which have called for intervention through ensuring mitigation and preparedness. The presidential disaster declaration process is aimed at fulfilling the ambitions of preparing for disasters. These disasters include both the man-made and natural ones, ranging from the outbreak of fires, contagious diseases that need extreme control, earthquakes and hurricanes, the nightmare of global warming, political instability and many others. The essay evaluates analytically, the need for preparedness through the presidential disaster declaration process, which is a strategy to getting assistance. The evolution of the process in the twentieth century to strengthen hazard management is also discussed in the content.
I. What is the presidential disaster declaration (PDD) process?
Bellamy, J.S. (2009) Cleverland's Greatest Disasters!: 16 Tragic True Tales of Death and Destruction: New York: Gray and Company.
Ec-Council (2010) Disaster Recovery: New York, Cengage Learning.
Kapucu, N. & Alpaslan, Z. (2011) Managing Emergencies and Crises: MA: Jones and Bartlett Publishing.
Oliver, J. & Aldcroft, H.D. (2007) Economic Disasters of the Twentieth Century: New York: Edward Elgar Publishing.
intelligence analysis process have been discussed. This paper puts light on what basically is intelligence analysis and how can it be improved. It discusses ways via which intelligence analysis can be made more focused and more effective. It puts light on how better sharing and provision of information, collection and analysis of correct data and fact and figures can benefit the intelligence analysis process.
This paper also puts light on different psychological issues that are being faced by intelligence analysts and it also examines the ways through which analysts can overcome such hurdles.
Before discussing how to improve intelligence analysis it is necessary to have proper understanding of the terms intelligence and analysis. Intelligence can be defined as an information which has added value in it whereas analysis is a process via which you can evaluate your intelligence, it helps you to understand a situation and then to…
Federation of American Scientists. (1996). Improving Intelligence Analysis. USA: FAS. Retrieved November 20, 2012 from http://www.fas.org/irp/offdocs/int012.html .
United Nations Office on Drugs and Crimes. (2011). Criminal Intelligence. New York: UNODC. Retrieved November 20, 2012 from http://www.unodc.org/documents/organized-crime/Law-Enforcement/Criminal_Intelligence_for_Analysts.pdf .
Heuer, R.J. (1999). Psychology of Intelligence Analysis. USA: Central Intelligence Agency. Retrieved November 21, 2012 from https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/psychology-of-intelligence-analysis/PsychofIntelNew.pdf .
Heuer, R.J. (2005). Limits of Intelligence Analysis. Retrieved November 20, 2012 from http://www.worldaffairsboard.com/attachments/staff-college/20727d1273228985-ebo-sod-limits-intelligence-analysis-fpri-winter-2005-heurer-.pdf.
God has created every person with different nature and interests that builds ones personality. The idea of studying different personalities was proposed in 1920s by some of the famous scholars and scientists. Carl Jung was the first scholar who described the Psychological Types. He categorized people as extroverted and introverted. People with extroverted personality are more oriented towards external world and goes through new experiences whereas the introvert personalities are more oriented towards internal worlds and memories. Later on, Jung identified other differences in the personalities and named them functions which are now called as Cognitive Processes.
Types of Cognitive Processes
The extroverts and introverts deal with the world in their own style. According to Jung there are four main styles that are sensing, intuition, thinking and feeling. Jung categorized these four types under two main headings perception and judgment.
Perception -- (Sensation and Intuition)
Judgment -- (Thinking…
Barrett, L., Sorensen, R. & Hartung, T. (1985). Personality Type Factors of Faculty and Students Implications for Agricultural College Teaching. NACTA, 1-5.
Berens, L.V. & Nardi, D. (2004). Understanding Yourself and Others: An Introduction to the Personality Type Code. Telos Publications.
Boeree, G. (2006). Personality Theories. C. George Boeree, 1-17
Henden, G. (2004). Intuition and its Role in Strategic Thinking. Sandvika: Nordberg Hurtigtrykk.
Due Process Model concentrates on providing suspects with a fair investigation and with removing all possible ideas that might have an unreasonable influence on defendants. The defendant's rights are one of the most important concepts throughout the criminal justice process. hile in some justice systems a technicality does not necessarily represent an important factor in a person's justice process, it can be especially significant in a situation where the due process model is being supported. This means that a person is very likely to be released from charges if the authorities consider that the defendant's rights had been violated at one point during the process.
Being concerned with due process is believed by many to be an essential part of the justice system, especially considering corrupt jurisdictions where particular individuals feel that they need to do anything in their power in order to apprehend criminals, even in cases when this…
Campbell, L. "FROM DUE PROCESS TO CRIME CONTROL -- THE DECLINE OF LIBERALISMIN THE IRISH CRIMINAL JUSTICE SYSTEM." Retrieved July 5, 2015, from http://www.academia.edu/269582/From_Due_Process_to_Crime_Control_The_Decline_of_Liberalism_In_the_Irish_Criminal_Justice_System
Coulter, C. "Ahern aims to curb crime in new bail Bill," retrieved July 5, 2015, from http://www.irishtimes.com/news/ahern-aims-to-curb-crime-in-new-bail-bill-1.772955
Hsieh, A. "The Exclusionary Rule of Evidence: Comparative Analysis and Proposals for Reform." (Ashgate Publishing, Ltd., 28 Dec 2014)
Roach, K. "Due Process and Victims' Rights: The New Law and Politics of Criminal Justice." (University of Toronto Press, 1999)
Due process is a pivotal aspect of personnel management, particularly within the public school environment in which I am currently employed at a middle school in Brooklyn, New York. This issue is oftentimes complicated by current tenure laws within the State of New York, a number of which have recently come under intense public scrutiny. This document will explore the nature of due process and some of the legislation relating to tenured and non-tenured individuals within New York through the means of a case study. The case study is applicable to anywhere, yet will be examined within this document as though these people and events took place at the aforementioned school at which I am employed. The crux of the case study is that I am a principal at this learning institution in which there is an effective, yet somewhat rogue teacher who is accused by the parents of a…
The Project Management Institute. (2004). A Guide to the Project Management Body of Knowledge. Newton Square: The Project Management Institute.
The areas where there is a divergence from the desired outcomes can then be examined to identify why there is a divergence and assess how that divergence may be decreased (Breygogle et al., 2001).
Different approaches to implementation of 6 Sigma exist, DMIAC is one of these, with the different stages being define, measure, analyze, design and verify.
The definition of the issue for Riordan is how to improve the supply chain. It is a key aspect of the firms' ability to manufacture fans, if there are delays in the supply of goods there will be delis in manufacturing. As the firm has a level supply strategy for the majorly of the products, and goods are supplied out of stock when they are ordered, a delay due to supply chain issues may create delays in supplying customers,. Furthermore, to overcome this, the firm may need to invest more…
The main hazards related to LNG include:
upture due to Corrosion
upture while excavation
upture while excavation
upture during an earthquake
upture due to mechanical failure
upture at compressor
upture at inspection stations
Uncontrolled detonation of explosives
Blow-out of gas at head and subsequent fire
Gas leak from infrastructure
Fire involving combustible
LPG or Diesel
Diesel pump fire involving equipment brittle fracture valve Leaks
Welding failure welding casting failure
Mechanical overstressing of equipment Vibration
Failure due to external loading or impact
Underground pipe rupture of transmission pipeline
Pipe rupture at main line valve sites.
upture of adjacent gas pipeline
Uncontrolled detonation of explosives
Gas leak from pipeline infrastructure
Drop of pipe from pipe lifts
Accommodation fire involving combustible construction LPG or Diesel
Diesel fire involving mobile fuel tanker
Uncontrolled release of LNG
Uncontrolled release of refrigerant gas
Uncontrolled release of by- product…
Acutech Consulting (2009). The HAZOP (Hazard and Operability) Method
American Petroleum Institute (August 2009). Analysis of U.S. Oil Spillage. p26
Undoubtedly, the main beneficiary of such fierce competition is the customer who will be able to choose among several reliable products (http://en.wikipedia.org/wiki/iPod).
Thirdly, iPod has proved to be an excellent consumer-oriented item as it has made available revolutionary features (like modern design, lighter weight, high capacity) to the masses due to the average price established. Thus, in return for a moderate sum of money, people can take with them their favorite songs.
Fourthly, iPod has had a considerable social impact as it has succeeded in warming up human relationships. Steven Levy (2006) suggested that: "Music hits people's emotions and the purchase of something that opens up one's entire music collection...makes for an intense relationship." This idea was also reiterated by professor Katch from the University of Michigan who said that when students saw him with his iPod, "a sort of bounding" occurred (Levy, 2006).
Consequently, the generation gap is overcome…
Kahney, L.(2006). Straight dope on the iPod's birth. On the Internet at http://www.wired.com/gadgets/mac/commentary/cultofmac/2006/10/71956?currentPage=3.Retrieved May 2, 2007.
Levy, S. (2006). iPod Nation. On the Internet at http://www.msnbc.msn.com/id/5457432/site/newsweek/.Retrieved May 2, 2007.
Apple wins 5 'World class' Awards (2006). On the Internet at http://www.macnn.com/articles/06/05/31/top.100.products.announced/.Retrieved May 2, 2007.
The 25 most innovative products of the year (2006). On the Internet at: www.pcworld.com/article/id,123942-page,2-c, electronics/article.html. Retrieved May 2.
Earliest Due Date (EDD)
This scheduling method is suitable for print jobs with strict deadlines. This scheduling rule orders the sequence of print jobs to be performed from the print job with the earliest due date to the print job with the latest due date (Hochbaum, 1999). EDD establishes processes in priority queue and whenever a scheduling event occurs and is released, the queue is then screened to get the next task closest to its deadline. The chosen task is then, next scheduled for execution in order to meet its corresponding deadline. Since it support fixed priorities, it is easy to predict whether the overload conditions will meet the deadlines. The processing time may be measured in hours, days, weeks or months depending on the nature of the print job. eview of historical performances of similar events and tasks is critical in establishing accurate estimated finish time. The most significant…
Hochbaum, D.S. (1999). The Scheduling Problem . Retrieved July 27, 2012, from www.berkeley.edu: http://riot.ieor.berkeley.edu/
Kleinrock, L. (1975). Queueing Systems Volume I: Theory. New York: John Wiley & Sons.
Rose, O. (2001). The Shortest Processing Time First (SPTF) Dispatch Rule and some Variants in Semiconductor Manufacturing. Wurzburg, Germany: University of Wurzburg.
Torres A.J, Lopez F.J & Wojciechowski P.J (2008). Minimizing the Average Tardiness: The
New Product, Service or Process
Produce a specification for an agreed project to implement a new product, service or process
Be able to plan for the launch of a project to implement a new product, service or process
Produce a project plan for an agreed project
Match appropriate resources to a Project
Cost all resources required for implementing a project
Agree timescales for the management and implementation of a project
Plan an appropriate strategy for the implementation of a project
Be able to implement a project
Implement a project in accordance with an agreed specification
Develop appropriate measures to monitor and evaluate progress and outcomes
Monitor the implementation of a project
Task 4: Be able to evaluate the outcomes of a project
Analyze the outcomes of a project in terms of the original project specification
Evaluate the outcomes of a project
Make justified recommendations for improvements to the project
picture of how nonprofit organizations balance their procurement processes by applying a phenomenological method to investigate the procurement methods, by categorizing the knowledge of participants. This involved the analysis of survey results in order to pinpoint the fundamental challenges that nonprofits face in conjunction with finding a means of improving the procurement processes. This was an investigation founded on an intensified approach to epistemology. Other models, such as the descriptive and analytical approach were also harnessed to help explain this particular topic. Surveys are of the most pinnacle and fundamental means of gathering enquiries to the information that exists, analyzing them to engage in a critical evaluation of the data. This survey seeks to shed light on the entire task of procurement, which generally refers to the manner in which goods are acquired, via a procuring entity and through the use of public funds. "Public bodies have always been big…
Aday, L., & Cornelius, L. (2011). Designing and Conducting Health Surveys. Ssan Francisco: Jossy-Bass.
Angeles, R., & Nath, R. (2007). Business-to-business e-procurement. Retrieved from porto.ucp.pt: http://www.feg.porto.ucp.pt/docentes/rsousa/Files/Le%20Havre%20Files/S7_4.pdf
Baxter, P., & Jack, S. (2008, December). Qualitative Case Study Methodology: Study Design. Retrieved from PSU.edu: http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.152.9570&rep=rep1&type=pdf
Daymon, C., & Holloway, I. (2011). Qualitative Research. New York: Routledge.
etrieved September 28, 2009, doi:10.1080/014428700114008
McClain, P. (1990, Winter 1990). Agenda Setting, Public Policy and Minority Group Influences: An Introduction. Policy Studies eview, 9(2), 263-272. etrieved September 28, 2009, from Academic Source Complete database.
Nakamura, . (1987, August). The Textbook Policy Process and Implementation esearch. Policy Studies eview, 7(1), 142-154. etrieved September 28, 2009, from Academic Source Complete database.
Weimer, D. (2008, November). Theories of and in the Policy Process. Policy Studies Journal, 36(4), 489-495. etrieved September 28, 2009, doi:10.1111/j.1541-0072.2008.00280.x
David Dery. (2000, March). Agenda Setting and Problem Definition. Policy Studies, 21(1), 46. etrieved September 28, 2009, doi:10.1080/014428700114008
obert Nakamura. (1987, August). The Textbook Policy Process and Implementation esearch. Policy Studies eview, 7(1), 146. etrieved September 28, 2009, from Academic Source Complete database.
As cited in Nakamura, the Textbook Policy Process and Implementation esearch, 146.
As cited in David L. Weimer (2008, November). Theories of and in the Policy Process.…
Birkland, T. (2004, March). "The World Changed Today": Agenda-Setting and Policy Change in the Wake of the September 11 Terrorist Attacks. Review of Policy Research, 21(2), 179-200. Retrieved September 28, 2009, doi:10.1111/j.1541-1338.2004.00068.x
Carroll, B., & Carroll, T. (1999, January). Civic Networks, Legitimacy and the Policy
Process. Governance, 12(1), 1. Retrieved September 28, 2009, from Academic Source Complete database.
Dery, D. (2000, March). Agenda Setting and Problem Definition. Policy Studies, 21(1), 37-47. Retrieved September 28, 2009, doi:10.1080/014428700114008
" (p. 12) According to Cromer (2005) the literature that addresses the relationship between stressful life events and obsessive compulsive disorders does provide some degree of support implicating traumatic life-stress as being a factor in the onset and maintenance of the obsessive compulsive disorders however the exact relationship between the SLE and OCD "remains an empirical questions" specifically relating to "traumatic negative life events" (2005; p.13) Most of studies in this area investigation the association between SLEs and OCD have held limitations of: (1) small sample sizes; and (2) difficulty of establishing retrospectively the temporal relationship between onset and SLEs; and (3) a limited scope with regard to the effect of SLEs on OCD. (2005; p.13) Cromer relates that "mounting evidence suggests that early life-stress, in particular may preferentially incline individuals to develop adult psychiatric disorders." (2005; p.13) McCauley et al. (1997) states evidence from a large epidemiological investigation that…
Beamish, Patricia M. And Hill, Nicole R. (2007) Treatment outcomes for obsessive-compulsive disorder: a critical review.(Private Practices) Journal of Counseling and Development 22 Sept 20077. Online available at http://www.highbeam.com/doc/1G1-170413211.html
Bechtel, Robert B. And Ts'erts'Man, Arzah (2002) Handbook of Environmental Psychology. John Wiley and Sons Ltd.
Boston University School of Social Work (2007) Online available at http://www.bu.edu/ssw/training/pep/programs/workshops/boston/index.shtml
Cromer, Kiara R. (2005) a Pathoplastic Vulnerability Mode: An Association Between Traumatic Stressful Life Events & OCD. Florida State University 2005. Online available at http://etd.lib.fsu.edu/theses/available/etd-11/unrestricted/Cromer_Thesis_Nov_2005.pdf
The incentives of engaging a meaningful and thorough campaign is thus reduced. The chances of influencing the results of elections are significantly reduced leading to the decrease in the level of voter turnout. The political campaigns are therefore less likely to devote resources towards the encouragement of voter turnout. The reduction in the level of competition leads to the candidate placing more efforts in the process of securing his or her party nomination for the given district as opposed to gaining of the approval of the electorate. In a state that has been gerrymandered, the contesting candidate is almost assured of an express win if nominated. An example in California is during the 2004 elections when the Californias 3rd congressional district was declared vacant subsequent to the running for the higher office by the Republican Congressman Doug Ose. The remaining three stronger republican congressional candidates then campaigned vigorously against each…
Post redistricting electoral processes can, in most cases, bring forth some new incumbents who will still enjoy the same level of undue advantage as the former incumbents and so redistricting will not entirely eradicate the negative effects of incumbency. Redistricting also raises the information costs since a lot of resources are spent to broadcast the new changes, moreover, it interferes with turn out as more voters are most likely to abstain from House elections having cast the presidential ballot.
There is a need for the state of California to adopt the 2011 redistricting framework in order to allow the electorate and the candidates to enjoy their democratic right of equal representation. Proper legislation must therefore be passed and implemented in order to reduce electoral vices like gerrymandering
This means that they can describe exactly what services can be provided "in budget," and it also provides a means of "weeding out" those vendors who are unable to provide the service under the stated budget amount.
Expected time frame for the project -- in many cases, the time frame in which a vendor can provide a service is every bit as important as the bid price (sometimes more so). Here, it is important to indicate all of the important time specific information concerning the project, including due dates, time sensitive milestones, scheduled meetings, etc. It may also be a good place to indicate possible areas of flexibility (particularly useful when dealing with a high-demand vendor market.
Detailed explanation of the project -- a brief, yet detailed explanation of the key requirements of the project with an emphasis on the vendor's responsibilities. It may not be necessary to explain all…
Morris, Bruce. (2005). How to Write a Request for Proposal for a Web Project. Web Developer's Journal, Feb/March. Retrieved from Web site on February 21, 2005, from, http://www.webdevelopersjournal.com/columns/writerfp.html
Carton, Sean. (2001) Client 101: How to Write an RFP
Click Z, 5 December. Retrieved from Web site on February 21, 2005, from, http://www.clickz.com/tech/lead_edge/article.php/933951
The survey also underlined the fact that a lack of clarity was a real business problem and caused frustration, no matter how accommodating and helpful the personnel at ECFMG in particular.
Identify the level of measurement being used for each of your survey questions.
The survey was deliberately designed in a yes/no format for ease and because many of the study's takers spoke English as a second language. Thus, it is a nominal scale of measurement on all counts, as opposed to an ordinal scale, which would have asked survey recipients to rate the different variables on a numerical scale. Although this was an option, given the small sampling and the fact that clarity of response, rather than a vague 'okay' response was desired to address an area that was going to undergo definitive change, the nominal method was deemed to be adequate for this stage of the business research.…
ECFMG. (2005) Official Organizational Website. Retrieved on 9 Sept 2005 at www.ecfmg.
Introduction to Levels of Measurement Module." (2005) Retrieved from University of Maryland Website at http://courses.csusm.edu/soc201kb/level_of_measurement.htm quicker and provide info that might have caused extra delays in the verification process.
Did you feel that unduly and unnecessarily burdened by the double verification process of the EIC and the ECFMG? Out of 30, 28 found it unnecessary and often suffered hardship by having to travel and/or contact the institutions to push the process quicker. Some responded hardship over missing work deadlines due to the verification process, as well as "the war" being a factor.
Internal Business Process Perspective balanced scorecard turns attention aspects organization's operations possibility direct control managers employees.
The balanced scorecard at Duke's Children Hospital
In the context of a rapidly evolving society, the health care sector must also develop new mechanisms by which to keep up with the emergent changes and challenges. One example in this sense is represented by the implementation of business tools and techniques within the act of health care provision.
One relevant example in this sense is offered by Duke Children's Hospital in Durham, North Carolina, which implemented the balanced scorecard to address some critical problems with costs of health care provision and nurse dissatisfaction.
"Between 1993 and 1996 DCH's cost per case increased $4,389, while reimbursement declined, leading to a negative net margin in 1996 of $11 million dollars. During this same period, nurse productivity declined from 80th percentile to the 80th percentile, while patient and…
Dunham-Taylor, J., Pinczuk, J.Z. (2006) Health care financial management for nurse managers: merging the heart with the dollar. Jones & Bartlett Learning
Meliones, J. (2000).Saving money, saving lives. Harvard Business Review. http://www.csus.edu/indiv/l/lundbladg/1_ACCY122_Fa08/ACCT122_Exams/SavingMoney+_SavingLives_Duke.pdf accessed on August 17, 2012
Meliones, J.N., Alton, M., Mericle, J., Ballard, R., Cesari, J., Frush, K.S., Mistry, K. 10-year experience integrating strategic performance improvement initiatives: can the balanced scorecard, Six Sigma and team training all thrive in a single hospital? Agency for Healthcare Research and Quality http://www.ahrq.gov/downloads/pub/advances2/vol3/advances-meliones_40.pdf accessed on August 17, 2012
Meliones, J., Ballard, R., Burton, W., (2001). No mission, no margin: it's that simple. J Health Care Finance. Vol. 27. No 3
Australian Corporate Directors
The four step process of understanding business law is very helpful in arriving at some important conclusions about the case of Coco Ltd. And its recent accident. The four step process suggests provides a manner in which this problem can be properly understood and the correct actions may be implemented to prevent further problems. This part of the essay will advise the directors of Coco Ltd. Of their current problems.
Identify the Legal Issue
Before delving into the legal issues of this case it is important to understand the behaviour of Mr. Hugo, a director here at Coco Ltd.. Hugo, in a recent purchase from his in laws' Brett and Sandra cocoa plantation a disastrous terrorist event took place. During the transportation of nearly boat load of cocoa, the ship was attacked and sunk by terrorist pirates disguised as American Navy Forces. The ship was sunk with…
Australian Securities and Investment Commission (2008). Information Sheet 42, Insolvency: a guide for directors. Australian Securities and Investment Commission December 2008. Retrieved from http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Insolvency_guide_for_direct ors.pdf/$file/Insolvency_guide_for_directors.pdf
The Commonwealth of Australia. Corporations Act 2001. Retrieved from http://www.comlaw.gov.au/Series/C2004A00818
The Council on Australian Governments (2012). Personal Liability for Corporate Fault: Guidelines for applying COAG principles. CAG 23 July 2012. Retrieved from http://www.coag.gov.au/node/434
Lucy, J. (2006). Directors' Responsibilities: The reality vs. The myths. American Institute of Company Directors, 17 Aug 2006. Retrieved from http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Directors_responsibilities_A ugust2006.pdf/$file/Directors_responsibilities_August2006.pdf
isk Management Plan Due Week 4 worth 240 points Note: The assignments a series papers-based case, located Student Center shell. The assignments dependent . In assignment, create a risk management plan.
Scope and objectives of risk process
The project consists of fixing of the firm's data security weakness and brand restoration. Brand restoration would ensure that the company is able to demonstrate to its customers that it is able to move past the data breach event. Brand restoration would also allow the company to continue competing without losing its customers. Fixing the weaknesses in its data security gives the company the opportunity to improve on its security measures. The company would also use this aim in strengthening its systems and implementing strict guidelines in regards to data security. The scope of the project would require the company to communicate to its customers about the data breach osenbaum & Culshaw, 2003.…
Hillson, D., & Simon, P. (2012). Practical Project Risk Management: The ATOM Methodology, Second Edition. Vienna, VA: Management Concepts Incorporated.
Rainer, R.K., Jr., Snyder, C.A., & Houston, H.C. (1991). Risk Analysis for Information Technology. Journal of Management Information Systems, 8(1), 129-147. doi: 10.2307/40397977
Rosenbaum, M.S., & Culshaw, M.G. (2003). Communicating the Risks Arising from Geohazards. Journal of the Royal Statistical Society. Series A (Statistics in Society), 166(2), 261-270. doi: 10.2307/3559666
Stephenson, G. (2001). Risk Management Plan: Bechtel Nevada Corporation (U.S.).
Motor Processes in Sport
Tom is an 18-year-old goalkeeper who recently moved up in class from youth to adult football. He was an early maturer and has a history of being more advanced in soccer than his peers but now a weakness is exposed. He never learned to kick with his left foot and this has been a problem at this level. The current paper discusses the proposed reasons for his difficulty and outlines a plan of intervention.
Understanding the Effects of Early Maturation as They Apply to Tom
The traditional view holds that early maturation in boys has more positive consequences for psychosocial adaptation than late maturation. The early literature by researchers like Mussen and Jones (1957) described early-maturing boys during late adolescence (17 -- 18 years) as having higher self-esteem and self-confidence, a more positive self-image, and as being more socially mature, which may have led to more…
Baddeley, A. (2003). Working memory: Looking back and looking forward. Nature Reviews: Neuroscience 4 (10), 829 -- 839.
Banister, E.W. (1991). Modeling elite athletic performance. In H. Green, J. McDougall and H. Wenger (Eds.), Physiological testing of elite athletes (pp. 403 -- 424). Champaign, IL: Human Kinetics.
Brewer, J., Balsom, P.D., & Davis, J. (1995). Season birth distribution amongst European soccer players. Sports Exercise Injury, 1, 154-157.
Castaneda, B. & Gray, R. (2007). Effects of focus of attention on baseball batting performance in players of differing skill levels. Journal of Sport & Exercise Psychology, 29 (1), 60-77.