Wednesday, October 30, 2019

Issues in homeland security Essay Example | Topics and Well Written Essays - 250 words

Issues in homeland security - Essay Example The main reason why the evaluation exercise should have a broader social utility is that social and psychological factors play a major role in the organization’s scope duty. The society’s confidence in the security management is for instance essential to how people may respond to threats and even cooperate in mitigating involved risks from occurrence of a calamity. As a result, the leader evaluation should identify qualities that can psychologically influence confidence in the institution’s ability to undertake its mandate. Developing such confidence, even in the absence of a calamity, has the potential to promote management in events of risks occurrence (Lemyre, 2007). Evaluation of homeland security leader should also include a broader social utility because this establishes a sense of ownership of the homeland security’s mandate by the society, a fact that promotes cooperation. Identified and developed awareness of social utility factors among the agenc y’s leadership will therefore facilitate achievement of homeland security’s objectives (Sui, 2008). Lemyre, L. (2007). Psychosocial risk assessment and management for CBRN terrorism: A orime tool. Human Security Bulletin. Retrieved from:

Monday, October 28, 2019

The Changing Nature Of The Employment Relationship Business Essay

The Changing Nature Of The Employment Relationship Business Essay Problems faced by mangers. Business environment is changing drastically in todays corporate world. In early years of current management era manager were suppose to work exclusively with equipments, data and systems; performing traditional tasks. But scenario of management responsibilities has been changed significantly and todays manger faces issues like cross training, personnel management , interdepartmental communication and widening job scope. Globalization is shaping and re-shaping business environment, resulting in increase of competitors, demand of new sourcing strategies and facing new markets with new demands. Irregular flow of information often subject to quantitatively strong fluctuations, controlling the flow of information is necessary otherwise these fluctuations can become detrimental. Information controlling is the analysis, evaluation and importance attached to the data that collected and provided with the data under various criteria. Because day by day managerial job is becoming more and more hectic manager needs to continuously look for new ways to improve speed and quality along with reduction in rising cost. Rising costs is another problem for the managers. Rising in the cost of services and wages is becoming more and more troublesome for managers. In current environment there is no guarantee of the employees being loyal to company, then in that case, to get more money employees ask for higher wages. Also there is requirement to keep the cost of services, provided by company under constant watch. If company starts loosing because of rising service cost then mangers put attention to solve this issue. As complexity of electronic data processing increases, security often decreases. Not only does this pose problems in the form of breaches, it also has legal ramifications with regard to license. This problem especially faced in IT industries. IT companies buy very expensive software and after some months or years new version comes up, then again managers need to change their strategy along with change in technology. Customers may want to change or upgrade to new technology, then managers has to negotiate for the money and services, this may lead to unsatisfactory customer service. Mainly following are the main challenges faced by todays managers Responding to Globalization: Various forces of globalization are reshaping the business environment generating new competitors and demanding new sourcing strategies and market. In dynamic market situations its very hard for managers to predict any concrete goal and strategy for the business development. Short term strategy may work very well but for long term, goal setting is the problem. Again dynamic market conditions of global economy make the profit prediction shaky. No one is able to predict the variations in the profit and losses, business can make. Responding to globalization is becoming more and more important; this result in redefining business model. Today change is happening at a rate that does not afford organizations the luxury of managing one major change at a time. Today managers are facing two questions because of globalization, how does relentless change redefine the nature of management and the structure of an enterprise? And what role should management play in re-s haping the enterprise? Managing work force diversity: Because of globalization and open market system for business, management has to face diversity in work force. Now a days businesses are spread over different cities in various countries. Thus many times not only gender and age diversity, but cultural diversity becomes essential to manage work force. Basically heterogeneity of people becomes challenge for the managers because of variations in the ethics, motives and working culture. Improving quality and Productivity: Main problem for the management is to decide, what is to produce, how much is to produce and where is to be produce. Management has to decide either to produce different products or to emphasis on one product. Once deciding this, managers have to make sure that the quality of the product is good. It takes long time for the organization to create a market about the product; but if there is any lacuna in quality and productivity then because of high competition its become hard for the product to sustain in market. Improving customer service: Improving customer service is sometimes managers think they will get around to in time. But that time rarely comes. Changes in the requirements or changes in the taste of customers become hurdle in the improvement of customer service. To solve this issue many times managers try to set up scenarios that challenge employees and cover the full range of customer requests. At times management also keep two scenarios running parallel and asks employee to maintain balance. Along with above problems managing labor force is again a challenge for managers. Now days there is no unwritten contract of being loyal to an organization, because of this many employees seems to be fired from the organization or they leave the organization for getting good salary job. In the absence of contract between employee and organization, employee may decide to leave an organization in the middle of project work. This is very challenging situations for managers to deal with. To overcome these challenges managers have to modify the working culture. Managers need to be aware of the skills of their subordinates and people under them. Empowering of employees is the best way to get maximum output from them. People get bore because of routine work, then to get more output managers can make changes or innovations in the working style. Along with the challenges discussed above, managers have to make efforts to understand their employees. If managers are able to gel with their employees then only employee will be happy to work with the manager, and he/she will be ready to face or tackle the challenges faced by managers. By knowing employee managers will be in a position to understand the working capacity of employees and allocate the work accordingly. This will also help for the performance appraisal and to know liking of an employee about the job and the work allocated to him/her. Conclusion: Considering many changes in the working environment and globalization todays managers are facing many new challenges comparing to previous years. Todays managers are coming up with new ideas and theories about the challenges faced by them. Inflation and changing rates of foreign exchanges are also creating challenges to managements, to handle this managers have to come up with new innovative ideas. Introduction The shift from a manufacturing economy to a services economy from production of goods to production of ideas, and from the machine age to the information age has been accompanied by many transformations. Rather than producing goods, the service firms produce ideas. Organizations in the services era, such as software, financial services, and biotechnology firms, depend on intellectual capital. People create intellectual capital and are therefore, the most valuable asset of a firm. Even the environment within which firms conduct business today is very different and much more complex and dynamic when compared to the environment fifteen years ago. Firms no longer compete or operate nationally only. Organizations are no longer governed by the business, legal and political environment of their own nations only. As the world becomes one global playing field, the environmental changes in countries other than the home country of a firm affect business decision and the performance of firms. Se veral societal and global phenomena have challenged the management of human resources. Thus, changes in the economic, business, social and cultural environments have brought about a transformation in the HR function and the roles and responsibilities of HR professionals. Some of the significant environmental trends and changes faced by HR managers that pose major challenges are as follows: Trends in the business environment The changing nature of work Demographic, societal and work-force trends The changing nature of the employment relationship. Globalization of Business A major environmental change that has taken place in the last fifteen years is the globalization of business. The world has become a global village and business has become global in character. Organizations are venturing beyond national boundaries in the pursuit of business opportunities. Toyota Motor Corporation makes cars in USA and India, Mc Donalds sells burgers in India and hamburgers in China, and Marks and Spencers sells products in India. Every other product sold by Wal-Mart stores Inc. is made in India. This is the time when buildings are conceptualized in the US designed in India and built in China. Very recently, Ford Motor Co. (Ford) announced its plans to invest $ 1 billion in products and plants in the Asia-Pacific region in the next few years to maintain its presence in the fast-growing markets. Outsourcing has made India a Manufacturing hub, especially for the automobile sector; with cheap labour providing one of the competitive advantages. Government policy reforms and growth against an appreciating rupee have also facilitated this trend. Large numbers of manufacturing assembly jobs that require low skills have moved from the US and Western Europe to developing countries like China, Thailand, Malaysia, and India. Indias manufacturing and services companies invested $10 billion overseas in 2004. The top 15 Indian IT, software and related companies have invested mostly in developed countries. Like the IT and automobile industries, domestic hospital chains from India, such as Apollo Hospitals Group, Fortis Healthcare and Max Healthcare Institute Private Limited, also have ambitious expansion plans in markets as far away as the US, UK, Mauritius, and South-East Asia. Multinational corporations require employees who can adapt to different cultures, customs, social practices, values, economic and political systems and management approaches, who can work with other employees from differing backgrounds. This has caused new challenges for HR managers. The HRM function of a company must develop systems that will help individuals from different cultural backgrounds to work together. Human resource managers must ensure that employees with the requisite knowledge, skills, abilities, and cultural adaptability are available so that they may be successful in global assignments. Foreign investment is no longer something that flows only from a developed country to a developing one. Indian companies are on an expansion drive. Indian business houses, like the Tata Group and firms like Ranbaxy Laboratories Limited (Ranbaxy), Wipro Limited (Wipro), Sun pharmaceutical Industries Limited, Crompton Greaves Limited, Asian Paints, and Cognizant Technology Solutions, have struck merger and acquisition deals world wide to become global players. Acquisitions by Indian companies have now become strategic in nature, by which they have been able to take leadership positions in Asia. The table 1.1 depicts major Human Resource Challenges faced by modern businesses in the present scenario. Table 1.1 Environmental Trends and Human Resource Challenges Sr. No. Environmental Trends Human Resource Challenges 1. Business Environment Globalization and increased competition Managing a global workforce. Ensuring availability of employees who have the skills for global assignments. Focusing increasingly on employee productivity to ensure competitiveness. Ensuring legal compliance when conducting business abroad. Mergers and Acquisitions Managing employee insecurity. Ensuring continued employee productivity. Developing HR initiatives to manage employee morale. Downsizing Managing organizational relationship with survivors Managing morale and commitment of survivors Providing outplacement services or relocation for employees who lose jobs. Providing personal and family counseling to employees who lose their jobs. 2. Changing Nature of Work Industry and Occupational shifts Managing workforce with flexible working patterns. Focusing on competencies during hiring process. Designing incentive based compensation. Developing proactive employee development programmes. Technological Advancements Managing a virtual workforce. Managing employee alienation. Developing training modules and conducting programmes to provide employees with required skills. Retraining current employees to mange obsolescence. Providing work-life balance initiatives. Outsourcing Manage employee concerns about losing jobs due to outsourcing. Managing employee morale and productivity. Flexible Work Arrangements Managing the loss of organizational control over work. Developing programmes for motivating the flexible workforce. Developing ways of ensuring commitment of the flexible workforce to the firm. 3. Demographic, Societal, and Workforce Trends Workforce Diversity Workforce Composition Devising customized HR strategies for hiring, retaining, and motivating employees belonging to different generations. Developing life-style driven perks for the new generation employees. Developing work-life balance programmes. Workforce Availability Ensuring the availability of skilled talent to fulfill organizational needs. Ageing population and workforce Finding replacement for retirees. Managing the demand-supply gap for qualified managerial talent due to a large retiring workforce. Developing mentoring programmes to ensure the skills of experienced mangers are passed on to new managers. Obsolescence training and retaining of older employees. Managing retirement policies. Conducting programmes to retain experienced employees. Educated and knowledge workforce Ensuring the continued supply of trained manpower. Training new hires. Partnering with universities and developing academic initiatives to meet projected shortage of skilled manpower. Training employees in computer skills, communication skills, and customer handling skills. Emphasizing re-training and development activities. Women in workforce Strategizing to attract and retain educated and skilled women workers. Conducting programmes for women who opt for career breaks. Providing facilities such as crà ¨ches, flexible working hours, etc. Changing family structures Developing work-life balance programmes. Global Workforce Developing diversity training programmes. Developing HR initiatives directed to workforce diversity. Identifying and training expatriate managers for overseas assignments. Developing equitable pay plans for individuals working in different countries. Contingent Workforce/workforce flexibility Developing systems to motivate the temporary workforce and elicit commitment from them Helping the temporary employees to quickly adapt to the organization to reach their full potential 4. Changing Nature of Employment Relationship Offering challenging jobs to employees. Managing rewards for enhancing employee performance. Providing opportunities for enhancing skills through training, development, and educational programmes. Developing programmes for employee commitment. Understanding value differences across different employee groups and customizing HR programmes. Source: Agarwala, Tanuja, Strategic Human Resource Management, Oxford Publication, 2007. Another recent change faced by HRM in the present business scenario is that of Mergers and Acquisitions. Companies today need to be fast growing, efficient, profitable, flexible, adaptable, and future-ready and have a dominant market position. Without these qualities, firms believe that it is virtually impossible to be competitive in todays global economy. In order to gain access to new markets and fresh ideas, companies often choose to grow via Mergers Acquisitions (MA) rather than concentrating their efforts on their own business activities. Such inorganic growth is often viewed as a faster way to achieve growth for the company. Especially in technology driven industries, where growth is often accelerated through increased innovations, and one way for the firms to compete is to align themselves with those companies that are developing the innovative technology. Such alignment is achieved through MA activities. Successful manifestation of such activities involves complex procedures and processes in order to integrate both organizations and align them as per a common unified objective. It has created certain problems for an organization. One of the problems associated with MAs is the retrenchment of staff that becomes surplus due to rationalization of operations. For example, in the financial services sector, MA activity between 1996 and 2006 caused an aggregate employment decline. Due to MA, sector experts predicted a loss of more than 300,000jobs in the banking sector between 1999 and 2002. When negotiations for MA are on, employees of the concerned firms are subject to several rumours that cause insecurity about the future. Thus, HRM is faced with several challenges before, during, and after the MA decision. In the present era, the competitive advantage of organizations is linked to knowledge. There is a lot of emphasis placed upon dissemination of knowledge, and knowledge workers within organizations. Therefore, there is an increased focus on management of the knowledge resource in organization. Thus, in the 21st century, the HRM function has a key role to play in shaping the competitive position of the organization. To compete effectively in the knowledge economy, a firm must have what Ulrich calls organizational capabilities.HRM plays an important role in creating, developing, and managing the organizational capabilities that are necessary for competing in the knowledge economy. Human resource mangers have to create effective teams within a diverse workforce; tap talent throughout the organization by recruiting, retaining, and developing people at all levels; build and integrate cultures as mergers and acquisitions become common; and develop employee commitment toward organizational v ision. Human resource management is confronted with major challenges in the present knowledge economy. Thus, HRM is no longer simply focused on managing people or confined to traditional HR functions rather; it is now responsible for managing the capabilities within the organization. The Table 1.2 given below elaborates upon the challenges facing HRM in the knowledge economy. The four major HRM roles in the Knowledge economy are as:- Human Capital Steward Knowledge Facilitator Relationship Builder Rapid Deployment Specialist Technology has had a tremendous impact upon the global business environment. Communication, transportation and production efficiency are various areas of business which have been enhanced by the development and improvement of technology. As continual enhancements are made, the world continues to grow smaller and businesses have further reach than ever. Computers The most important technological development to impact the global business environment is the world of computers. There are various programs which help maintain records of inventories and shipments. Email allows for instantaneous communication almost anywhere in the world. Besides its speed, email is easily forwarded and retained. The communication in the global business environment is improved with the use of email. The impact of computers on the global business environment is wide-ranging and also includes the Internet, which is a useful tool for international companies. By using the Internet, companies across the world can perform research and learn more about partners and suppliers. Conference Calls and Video Conferencing Conference calls allow people in multiple locations to be involved in the same conversation. Video conferencing provides the same service, but with the added benefit of all parties being able to actually see each other. Both of these forms of communication have a definite impact on the global business environment. With either form of technology, a parent company in Norway can have a conversation with a raw material supplier in Brazil and a manufacturing plant in Taiwan. This improves communication on a global scale and enables all parties to understand specific plans and agreements. Sponsored Links Import export Find quality suppliers on 20-23 Apr Register for free trade admission! www.hktdc.com Transportation The shipment of raw materials and finished products is absolutely vital to any business, but particularly those with an international scope. Transportation technology enables a company on one continent to send its raw materials or products to another company in a different continent. Technological advancements in airplanes, cargo ships and railways allow for quicker, cheaper delivery, which impacts business by making global distribution more feasible. Manufacturing Technology Increased efficiency of manufacturing plants has a certain impact on the global business environment. By having the capacity to produce materials and products more quickly and efficiently, a company is able to produce quantities needed to supply global demand. Robotic technologies and factory lines have enhanced the speed at which materials and products are manufactured. For a company to be a player in the global business field, it must be able to keep up with demand. Shipment Tracking Corporations now have the ability to track shipments virtually anywhere across the world. Global Positioning Systems (GPS) allow accurate tracking. The implication of this technology on the global business environment is the ability to let customers know exactly where their shipments are at any given time. This technology creates secure relationships within the global business field. Competitors fill a need for business owners by keeping them on the cutting edge. Without competitors, a business would have no reason to keep prices in check. It would create a monopoly which is never good in any society. When two competitors compete for business, the market (customers) are the ones who decide who they will patronize with their dollars. Prices are usually the first element people choose when deciding which business or product to go with. Competitors drive innovation and keep new ideas and procedures moving forward. Imagine if McDonalds were the only fast food hamburger restaurant in the world. There would never be a Burger King to compete. All food would taste bland and boring. Everyone is always looking to build a better mousetrap Many consumers and social advocates believe that businesses should not make a profit but also consider the social implications of their activities. We define social responsibility as a businesss obligation to maximize its positive impact minimize its negative impact on society. Although many people use the terms social responsibility and ethics interchangeably, they do not mean the same thing. Business ethics relates to an individuals or a work groups decisions that society evaluates as right or wrong, whereas social responsibility is a broader concept that concerns the impact of the entire businesss activities on society. From an ethical perspective, for example, we may be concerned about a health care organization or practitioner over- charging the provincial government for medical services. From a social responsibility perspective, we might be concerned about the impact that this overcharging will have on the ability of the health care system to provide adequate services for all c itizens. The most basic ethical and social responsibility concerns have been codified as laws and regulations that encourage businesses to conform to societys standards, values, and attitudes. At a minimum, managers are expected to obey these laws and regula- tions. Most legal issues arise as choices that society deems unethical, irresponsible, or otherwise unacceptable. However, all actions deemed unethical by society are not nec- essarily illegal, and both legal and ethical concerns change over time. Business law refers to the laws and regulations that govern the conduct of business. Many problems and conflicts in business can be avoided if owners, managers, and employees know more about business law and the legal system. Business ethics, social responsibility, and laws together act as a compliance system requiring that businesses and employees act responsibly in society. Business ethics are moral principles that guide the way a business behaves. The same principles that determine an individuals actions also apply to business. Acting in an ethical way involves distinguishing between right and wrong and then making the right choice. It is relatively easy to identify unethical business practices. For example, companies should not use child labour. They should not unlawfully use copyrighted materials and processes. They should not engage in bribery. However, it is not always easy to create similar hard-and-fast definitions of good ethical practice. A company must make a competitive return for its shareholders and treat its employees fairly. A company also has wider responsibilities. It should minimise any harm to the environment and work in ways that do not damage the communities in which it operates. This is known as corporate social responsibility. Codes of behaviour The law is the key starting point for any business. Most leading businesses also have their own statement of Business Principles which set out their core values and standards. In Anglo Americans case, this is called Good Citizenship. A business should also follow relevant codes of practice that cover its sector. Many companies have created voluntary codes of practice that regulate practices in their industrial sector. These are often drawn up in consultation with governments, employees, local communities and other stakeholders. Anglo American has played an active part in initiatives such as the Extractive Industries Transparency Initiative, the United Nations Global Compact and the Global Reporting Initiative. Anglo American has also contributed to the Voluntary Principles on Security and Human Rights. This code sets out principles and practices for ensuring that a companys need to ensure the security of its employees and operations in volatile countries does not adversely impact upon the local population. Thus the Principles provide guidance on how both private and public security forces assigned to protect a mining operation or an oil and gas facility should be vetted, trained in human rights, monitored and controlled. Anglo American also aims to ensure that it plays a role in protecting the human rights of its employees and local people in countries in which it operates. The company supports the principles set forth in the Universal Declaration of Human Rights. All companies need to make a profit. However, Anglo American recognises that this objective must take account of ethics as shown in its statement on corporate responsibility: Though providing strong returns for our shareholders remains our prime objective, we do not believe that these can or should be achieved at the expense of social, environmental and moral considerations. Indeed a long-term business such as ours will only thrive if it also takes into account the needs of other stakeholders such as governments, employees, suppliers, communities and customers. Stakeholders An important process used by Anglo American is that of stakeholder engagement. This enables it better to understand the perspectives and priorities of external groups that are affected by its activities and to factor them into its decision-making processes. To support this work at a local level, Anglo American has developed a Socio-Economic Assessment Toolbox or SEAT process. This toolbox helps managers to measure the impact of activities on the company and communities. It also helps to improve a mines contribution to development through, for example, using its supply chain needs to generate new businesses or to improve the water or electricity infrastructure. They use this toolbox to engage with stakeholders including community representatives. Sometimes communities have to be resettled, with government sanction, in order for important mineral deposits to be accessed. This can cause controversy and divisions in the communities concerned. International best practice sets out a number of key stages in such a process including the need for structured consultation, fair compensation and the importance of restoring and enhancing the livelihoods of people in their new locations. Recently Anglo American has had to undertake two such relocations in South Africa at the villages of Ga Pila and Motlhotlo. These were undertaken with the support of the provincial government and local tribal leadership and after consultation with local people lasting for several years leading to agreement with each householder. New villages have been built with better houses and infrastructure and more land for farming. The relocation programme was voluntary. The relocation programme at Motlhotlo is still under way but at Ga Pila 98% of those living in the old village took up the offer to move to the new village Read more: http://businesscasestudies.co.uk/anglo-american/business-ethics-and-corporate-social-responsibility/what-are-business-ethics.html#ixzz2K6s8ohJR Follow us: @Thetimes100 on Twitter | thetimes100casestudies on Facebook

Friday, October 25, 2019

The Self-destructive Relationship in Wuthering Heights Essay -- Wuther

On the face of it, it would seem that the relationship between Catherine and Heathcliff is self-destructive to an extreme. Due to the lovers’ precarious circumstances, passionate personalities and class divisions, it seems that fate transpires to keep them apart and therefore the hopelessness of their situation drives them to self destruction. However, although the relationship is undeniably self-destructive, there are elements within it that suggest the pain Heathcliff and Catherine put each other through is atoned for to an extent when they share their brief moments of harmony. Catherine is trapped between her love of Heathcliff and her love for Edgar, setting the two men down a path of destruction, a whirlwind of anger and resentment that Catherine gets caught in the middle of. Catherine is drawn to Heathcliff because of his fiery personality, their raw attraction and one certainly gets the sense that they are drawn together on a deeper level, that perhaps they are soulmates. C. Day Lewis thought so, when he declared that Heathcliff and Catherine "represent the essential isolation of the soul...two halves of a single soul–forever sundered and struggling to unite." This certainly seems to be backed up in the novel when Catherine exclaims â€Å"Nelly, I am Heathcliff! He's always, always in my mind--not as a pleasure, any more than I am always a pleasure to myself, but as my own being...† This shows clearly the struggle Catherine feels as she is drawn spiritually to Heathcliff, but also to Edgar for very different reasons. Edgar attracts Cath erine predominantly because he is of the right social class. Catherine finds him "handsome, and pleasant to be with," but her feelings for him seem petty when compared to the ones she harbours... ...ctive. Catherine is pushed to death and Heathcliff to brutal revenge, bordering on the psychotic. Yet before Cathy’s death, the knowledge that the other loves them is strong enough to make Wuthering Heights such a classic love story, and â€Å"that old man by the kitchen fire affirming he has seen two of 'em looking out of his chamber window, on every rainy night since his death,† shows that as they walk together on the moors, their self destruction may have led them to death, but also to what they most desired-being together. Works Cited - MLA Format Bronte, Emily. Wuthering Heights. London: Dover Publications, 1996. Chatterjee, Praving. Emily Bronte. September 28, 2013. Web 22 Apr. 2015. https://emilybronteparminder.wordpress.com/2013/09/28/brontes-contributions/ Wikipedia. Emily Bronte. Web 22 Apr. 2015. http://en.wikipedia.org/wiki/Emily_Bront%C3%AB

Thursday, October 24, 2019

History of the Catholic Church on the death penalty and how it has changed over time Essay

Whereas the ancient Catholic Church did not have much of a problem with capital punishment, the modern Catholic Church stands resolutely against capital punishment. The stand of the Catholic Church concerning death penalty gives a clear illustration of centuries of tension in addition to uncertainties. However, the Catholic Church with its stern stand has been able to manage all the tensions that emanate from this serious issue. The role of the Catholic Church in the debate concerning death penalty has got a rich history. This paper through qualitative analysis of legitimate websites and published work is going to look at the history of the Catholic Church on the death penalty as well as how it has changed over time. Introduction There are various ways that have been employed by human beings to get rid of evil doers since the inception of the world. The techniques chosen by people to punish perpetrators of violence present the society with great challenges. Death penalty, also referred to as capital punishment, is one of the ways through which evil doers can be punished. Implementation of death penalty has, however, been a controversial issue that has been debated for years without coming to a rational conclusion. The issue of death penalty has been debated for years by the public, religious organizations and professionals without coming to an agreement. The Catholic Church, for example, is one of the religious organizations that have for decades been in the front line in the fight against death penalty. The Catholic Church argues that instead of imposing death penalty, more lenient forms of punishment should be employed (Megivern p, 391). The principle objective of the Catholic Church, as far as death penalty is concerned, is to break the cycle of violence, get rid of the culture of death, and seek justice without revenge. Victims of violence have every right to see perpetrators of such violent deeds face the law, and the public acting out of faith has the mandate to assist the victims of violence in their attempt to come to terms with their condition (Mahony para, 5). It is also the right of the general public to seek justice when laws have been violated, peaceful coexistence gotten rid of, and the rights of human beings violated by a variety of violent acts. The position of the Catholic Church has undergone extensive evolution over the last few decades in calling the public to seek justice rather than revenge (Anon p, 1). The Catholic Church also makes it clear that putting perpetrators to death does not restore the condition as it was before the crime was carried out. The papal authority has constantly called for an end to capital punishment. The Catholic Church under the leadership of the pope issues numerous appeals for clemency for those awaiting punishment by death around the world (Gregory para, 20). History of the Catholic Church on the death penalty and how it has changed over time The history of the utilization of death penalty, as a mode of punishment for evil deeds, is a story that entails exceptional conducts of the human beings stuffed with all sorts of anomalies. It incorporates religious matters and touches on almost all aspects of culture. The deep involvement of the leaders of the Catholic Church in the in the process of approving the deliberate destruction of the lives of human beings has resulted in development of a novel set of complex beliefs and practices that make up a kind of tradition. The early Catholic Church beliefs concerning capital punishment resulted in it being regarded as a different mode of punishment. The Bible, according to Hodgkinson and Schabas, is believed to have been the base on which early Catholic Church beliefs concerning death penalty were shaped (p, 117). Had death not been so clearly signified as an exquisitely ordained penalty for all who committed serious crimes, as it is in the Hebrew Bible, the practice of punishing criminals through death would not have gained the kind of momentum it gained in addition to occupying the central position in the Christian history (Megivern p, 8). The Catholic Church has a rich history of backing up death penalty. In the Vatican city is was death penalty was legal until it was prohibited by Pope Paul VI in the year 1969. The early Catholic Church did not have much of problem with capital punishment (Megivern p, 8). Death penalty, according to Megivern, was taken as an important tool for punishing those who threatened the social and political order (p, 9). This perception has however, changed over the years. There are numerous contradictions when it comes to the teachings and the stand of the Catholic Church on death penalty. Even though it has not been totally eliminated, the scope of capital punishment has been reduced drastically. Whereas the previous pope was totally against death penalty, constantly writing to law makers and judges to get rid of death penalty, in the United States and other developed countries, the official teaching of the Catholic Church makes it clear that capital punishment is not ethically incorrect in all cases. This calls for understanding of the cases where death penalty is an applicable means of punishing wrong doers (Gregory, para, 30). Over the years, â€Å"against the death penalty†, has turned out to be a common phrase among the Catholic Church faithful. Death penalty is treated as a form of intrinsic evil among Catholic Church faithful. The Catholic Church teachings have, over and over, made it clear that human life is sacred due to the fact that human beings were created by God. It is therefore the duty of each and every person to safeguard and defend the human life at all times. Human life according to the Catholic Church is a gift from God, and all people regardless of the social and economic backgrounds are called upon to enhance it. The Catholic Church argues that it is morally wrong to take away the life of another person (Cline para, 2). Nevertheless, the Catholic Church has always protected the government in its development and implementation of policies aimed at getting rid of wrong doers from society. This is why at certain times, in the history of the Catholic Church, Christians have supported capital punishment for certain crimes. However, as the Catholic Church continues growing in wisdom and experience, its teachings result in constant refining of capital punishment (Cline para, 4). The earlier edition of Catholic Church catechism, according not Gregory para, holds onto the traditional teaching of the church concerning death penalty (para, 6). These teachings allowed for the use of death penalty as a way of punishment with intent of protecting public order and defending life. As a result these church teachings redressed the disorder that emanated from the offense. However, the Catholic Church teachings made it clear that bloodless means of punishment should be employed. It also emphasized on the notion that Christians globally are supposed to show mercy and not revenge (Gregory para, 7). In 1997 the Catholic Church revised the section on death penalty. This revision was executed as a result of the changes in the catechetical presentation of the Catholic Church’s moral stand (Gregory para, 8). However, the purpose of death penalty as a means of restoring public order was not part of the revision. The corresponding perception of death penalty as a way of deterring further serious crimes was also minimized. After the 1997 revision of catholic catechism had failed to institute capital punishment as a means of restoring public order, the only reason for deterrent values of death punishment was that it provided protection to human beings against perpetrators (Gregory para, 8). In 2005, John Paul II after consultation with Roman Catholic bishops from all over the world came up with a conclusion that death penalty should only be permitted in cases of utter necessity, when it would be impossible to defend the society through other means of punishment (Gregory para, 10). John Paul II, as indicated by Gregory, pointed out that the world possesses the capacity to protect itself in addition to safeguarding the common good without the need for death penalty (para, 10). The Catholic Church holds onto the fact that various forms of punishment, with the exception of death penalty, have the capacity to protect and defend the safety of the people from perpetrators, and that modern authority is flexible enough to restrict itself to such means. John Paul II advocated for the use of other punishment modalities such as long periods of imprisonment with intent of promoting safety of the public (Gregory para, 14). These means would punish evil doers without necessarily having to kill them. Since the 1980s catholic bishops in the United States have persistently called for an end to the use of capital punishment in the country. They asserted that sanctity of all human life should be respected, innocent life should be protected, justice should be achieved through law and public order should be preserved (Gregory para, 30). The bishops claimed that capital punishment does not aid the main intent of reform due to the fact that the opportunity for a prisoner to reform is eliminated. They also argued that even though death penalty protects society from a particular criminal, who committed a serious crime for which death penalty is prescribed; it does not eliminate chances of similar crimes being committed in the future. Catholic Church leadership argued that communities are not made whole and societies are not strengthened through killing those who commit capital crimes. Death penalty according to the church leadership perpetuates a dangerous cycle of violence that eventually diminishes everyone (Gregory para, 31). In 1999 these bishops made an appeal to prohibit the use of capital punishment and followed it up in 2000 with â€Å"Responsibility, Rehabilitation and Restoration: A Catholic Perspective on Crime and Criminal Justice† Document (Gregory para, 29). This was after Pope John Paul II‘s visit to the United States in 1999. The Pope called for the abolition of death penalty. The Pope challenged the catholic faithful globally to protect the lives of innocent people, in a similar manner to abortion and euthanasia, in addition to protecting the lives of those who may have committed capital crime (Mahony para, 6). In 2005, Catholic bishops revived their fight against death penalty and began educating both Catholics and non-Catholics on the evils associated with death penalty. The American Catholic Church, currently, holds onto the perception that capital punishment under the conditions of the modern American society is not justified in the view of conventional rationale of punishment. Catholic Church leadership in the United States has developed careful guidelines concerning death penalty, which apply the teachings of the universal Church to the American culture. The modern American Catholic Church leadership has expressed its opinion against death penalty (Gregory para, 30). Whereas the ancient Catholic Church allowed for punishment of capital offenders with death, over the last four decades the Catholic Church has come out strongly against state-sponsored capital punishment (Megivern p, 14). This deviation from the Catholic Church teachings, which have been in existence for almost two millennia, is highly likely to provoke disagreement within the ranks of Catholic faithful. Modern Catholic Church leadership, as indicated by Hodgkinson and Schabas, charges that there are numerous flaws associated with the use of capital punishment including racial disparity and economic disproportion that take root in the trials of serious offenders (p, 126). Catholic leadership also makes it clear that chances of wrongly convicting men and women are very high, and therefore death punishment would result in the death of innocent people (Hodgkinson, and Schabas p, 127). Even though the validity of capital punishment has not been totally rejected, the circumstances in which they are approved are so limited that they are virtually impossible. The society is left without an option, rather than stick to the teachings of the Catholic Church. Conclusion  It can therefore be concluded that whereas the ancient Catholic Church did not have much of a problem with capital punishment, the modern Catholic Church stands resolutely against capital punishment. The Bible is believed to have been the base on which early Catholic Church beliefs concerning death penalty were shaped. The Catholic Church has a rich history of backing up death penalty. In the Vatican city is was death penalty was legal until it was prohibited by Pope Paul VI in the year 1969. Death penalty was taken as an important tool for punishing those who threatened the social and political order. This perception has however, changed over the years. The modern Catholic Church leadership has expressed its opinion against death penalty. The Catholic Church teachings make it clear that bloodless means of punishment should be employed. The Catholic Church leadership also asserts that human life is sacred due to the fact that human beings were created by God, and therefore it should be respected.

Wednesday, October 23, 2019

Sexual Assault Law Reform

During the sass's -sass's significant law reform processes were initiated due to a lack f Just outcomes for the victim and a lack of support from society. Changes to legislation included the broadening of the definition of sexual assault, resulted in attention being taken away from the complainant's personality traits and sexual history and shifted attention too the accused behaviors. Further more it outlawed the Act of Martial rape entirely). This also helped to change victim's position in society, as rape victims were socially condemned because of their experiences.In spite of these significant changes sexual assault cases have the lowest record of lilts verdicts and the highest appeal rate of any crime per capita (Australian institute of family studies) . This assessment will firstly examine the condition in society, which led to the law reform mechanism in the ass's. These reforms were amendments to the Crimes Act 1900. A case study will highlight the condition, which led to thes e changes. Following will identify and evaluate further significant amendments of the crimes act and their changes to legislation.A case study will also highlight this, demonstrating the effectiveness or ineffectiveness of these changes. Further on will include another law reform, discussing its flaws and fairness to society and victims. Throughout the 19th and 20th centuries, women were deemed as property of their father or husbands. Throughout this period sexual assault was known as rape. Any form of rape was viewed as damaging or devaluing a mans property. This reflects a completely male dominated society, where as women are viewed as objects, instead of human beings.The heinous act of marital rape was not seen as a recognizable constitutional offence and was not punishable, as men were ranted marital immunity and a right to sexually involve himself with his partner regardless. As Sir Matthew Hale, Chief Justice, mid-17th century, England said â€Å"The husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract†. Hale 2014) Traditionally victims in court were cross-examined using intimidation and humiliating techniques, degrading the victims integrity, twisting events and manipulating laws and precedents in order to disprove sexual offence allegations. Defendants in court were protected by highlighting that victims were ‘asking to be sexually assaulted by dressing seductively or acting in a licentious manner, while also making references to their sexual history. It was also commonly believed, that if a victim failed to report the incident immediately, it was a false allegation.This indicates a lack of procedural fairness, as victims were not given the right of a fair trail, reflecting unjust and unfair social values. Outcomes were influenced by gender, instead of fact, contradicting an ethi cal and Just legal system. (Laughlin, Van De Catch, Mays, & Hunter, 2007). The ease of VGA v the Queen provides evidence of a case highlighting an ineffective Justice system before significant law reforms. The defendant (VGA) was charged in 2010 for the rape of his spouse in 1963.While in court, he argued that he could not be effectively prosecuted because Martial rape was not a recognized crime and did not exist in any form of legislation at the time. He also argued that if he was found guilty, it would break the doctrine against the retrospective application of laws. Prior to law reform, this evidence implies a weak court procedure and subsequent lack of just outcomes for the victim (Boney, 1985). On July 14th 1981, sparked by female advocacy, representing victims of gender inequality, the NEWS government passed the Crime (Sexual Assault) Amendment act 1981.This amendment was a change to the Crimes Act 1900. The aims of the legislation were to make significant changes too flawed l egal system, for both society and victims. It was anticipated that the amendments would protect complainants from further discrimination under the legal system; raise the number of assault reports and sentences; speed up the process of Justice along with the conviction of Guilty party's, whilst maintaining the invitational rights of the accused and serve as a platform for educating the community in changing their attitudes towards victims of sexual assault (Boney, 1985).The common law charge of Rape and attempted rape were revoked and replaced within three sections of sexual assault. They differed in seriousness and also level of sentencing. The definition of sexual intercourse was broadened to include a larger span of sexual acts. The husband and youth under 14 immunity acts were revoked, making marital rape a recognized and punishable crime. The amendment also introduced legislation, which discredited a victim's sexual history as sable evidence. (Boney, 1985) The crimes (Sexual As sault) Amendment Act 1981 are the most important part of sexual assault law reform history.It improved society opinion of victims and increased confidence to report assault.. Although it did raise the number of sexual assault being reported, if failed to critically increase the number of guilty verdicts. Less than fifty percent of the defendants appearing in court are sentenced as guilty (Boney, 1985) . In response to a series of brutal gang rapes in Sydney in 2001, the NEWS government introduced further changes to the Crimes act 1900. This was called the Crimes Amendment (aggravated sexual assault in company) 2001.Aggravated sexual assault is defined as sexual assault in circumstance of aggravation, inflicting grievous bodily hard, committing the offence while being in a group of people, kidnapping the victim or the victim being under consensual age or the victim have a serious physical or psychological disability, thus ruling out the possibility of willing consent. (NEWS Victims s ervices Attorney general and Justice) This legislation was enacted for the purpose of discouraging gangs of predominantly males of committing gang rape.Gang rape is the act of a group of sexual assault offenders committing the act of sexual assault on one or more victims one after the other. It gave Judges a set life sentence for the crime of gang rape, instead punishment as they see fit. The case below analyses the implications of a lack of a set sentence and the problems that arise (The Free Dictionary – 2014) . In 2002 a series of gang rapes occurred throughout the city of Sydney, lead by Muslim man, Bilabial USAF.USAF and his accomplices were charged with multiple offences including aggravated indecency, perverting the course of Justice, aggravated sexual intercourse thou consent and aggravated indecent assault in company. Multiple victims suffered at the hands of USAF and his followers, some of these accomplices being his own relations (NEWS parliament library research p rogram) . USAF was originally sentenced to fifty-five years in Goal with no Parole. This sentence was later reduced to forty-six year after an appeal to the criminal court, to which e appealed again and was granted 26 years.The importance of this case is the legal issues that were raised which led to significant amendments. Some of these issues are as follows (HOC Legal studies topic). Due to a Jury misconduct during Safe court procedure, Safe case was retried. This caused a backlash in society due to wasted taxpayer money, based on Safe need for legal aid. He demanded a Muslim lawyer, after claiming all white lawyers were racist. This reflects a waste of society resources (HOC Legal studies topic). In addition to this issue, there was the emotional instability from the victims of USAF at the thought of refining him in court.One victim quoted ‘ I wish they were dead, run over by a bus†. The victim highlights the ineffectiveness and insensitivity of the legal system. The fact of a re-trial demonstrates natural Justice for the accused, but demonstrates unjust gaps for the victim (HOC Legal studies topic). Due to the re-trial in the case, a victim impact statement was necessary. The psychological and physical impact on the victim caused by Safe actions was substantial. The idea of victims refining their attackers more than once highlight the inefficacy of the court system and the disregard to victim's state of mind.For these reasons, a victim impact statement was introduced (HOC Legal studies topic). A significant issue raised, was the matter of the original entente. In his case, USAF was sentenced to fifty-five years for Gang- rape. This contradicts legal logic, as the sentence far outweighs the punishment for murder, which carries a sentence of twenty-five years. This encourages other sexual offenders to not only sexually assault their victims but to murder victims and dispose of incriminating evidence ( HOC Legal studies topic).Although in contrast to the previous point, Safe reduced sentence labels the legal system as flawed and weak. A Victim quoted ‘The court system is riddled with flaws'. Reports from the media have valued the continuation of Safe psychopathic behavior, in spite of receiving a life sentence. In 2003 the media obtained pictures of Safe goal cell, where he had drawn pictures of him sexually assaulting women. This further more let down society, as they believed the sentence was too lenient, and a waste of taxpayers money (HOC Legal studies topic).It was for these reasons the government introduced the Crimes Sexual Assault in Company Act . It gives Judges the power to condemn life sentences with no racial implications. It gave society and victims a stronger sense of satisfaction tit the fact of a set sentence for the crime. It benefits society in the way that their resources are being wasted on accused demands for legal aid, as it is difficult to battle for a reduced sentence. It assisted to neutralist the inconsistencies in the court systems that as evidence shows in the prior case are common ( HOC Legal studies topic).In 2007 the NEWS Government introduced the Crimes Amendment (Consent – Sexual Assault Offences) Act 2007, which was an Amendment of the Crimes Act 1900. The legislation amended the legal definition of consent, and the finite requirements needed to engage in sexual behavior with another person. It also gave explicit examples where consent cannot be given (NEWS attorney and general) . The legislation redefined the statutory definition on consent and put emphasis on outlining when and when a victim may or may not have the ability to consent in sexual behaviors.The amendment stated that if a person is, heavily intoxicated with drugs or alcohol, unconscious, asleep, harassed or extorted to engage or forced from a position of power and authority, consent has legally not been given ( NEWS attorney and general). The legislation has also provided a significant change in court procedure. The reforms have made it so the responsibility of proving beyond reasonable doubt in regards to consent is now the task of the defendant. Prior to the law reform it was the job of the complainants prosecution.It has also served an educative purpose, in the way that it lets members of society know the correct procedures in assuring consent ( NEWS attorney and general). The legislation is balanced with both positive and negative factors. It is now the responsibility of the defense to prove there was consent, which in some cases can be adequately difficult, sometimes impossible to prove † beyond reasonable doubt†. This provides instability on the ground of Justice, as in some cases allegations are proven to be false (NEWS attorney and general).The Consent (sexual offences) act provides Justice and fairness for victims, but also provides complications for defendants charged under false allegations. There is a mixture of both fair and unfair qualities in the legislation (NEWS attorney and general). In conclusion evidence provided regarding reforms, cases and legislation highlight he positive and negative qualities of Justice for victims, defendants and society as a whole. Fact suggests that the legal system struggles to satisfy society and victim simultaneously while keeping the conventional criminal rights and procedural for defendants intact.Facts from the cases have outlined the flaws in our legal system whether it is under common or stature law. In order to maximize the effectiveness of legal system and the conditions of our statuary law reforms, the public must be made more aware of the rules and regulations regarding sexual assault. Then and only then, will we have a Just and fair society. References Mileage P, Dally K, Webster P, corn D, Kelly T (2009). Cambridge Legal Studies – Preliminary Second Edition – London. Conventional and innovative Justice responses to sexual violence.