Different Kinds Of Trial Under CRPC Law Essay

Different Kinds Of Trial Under CRPC Law Essay Most offences in Indian criminal law were created by Statute and have a statutory maximum penalty. For the purposes of trial, offences were divided into different categories, offences triable by indictment (warrant cases) or offences triable only summarily, or offences triable either way. The most serious offences (eg: murder, rape) are triable only on indictment, at the Sessions Court. A large mass of less serious offences are triable only summarily, in magistrates courts. The middle category of offences triable either way and comprises of most burglaries, thefts and frauds. The trial is the pivotal point of a Criminal case. Sec 190 of the CrPC talks of the conditions that need to be fulfilled before proceedings can be initiated by the Magistrate (it specifically empowers a Magistrate to take cognizance of a case). It is the exclusive power of the Magistrate under Sec 204 of the CrPC to refer or reject a case from entering the stage of trial. Trial is the judicial adjudication of a persons guilt or innocence. Under the CrPC, criminal trials have been categorized into four divisions having different procedures, called Session, warrant, summons and summary trials. Sec 225-237 deal with warrant cases by a court of Session. Sec 238-250 deal with warrant cases by magistrates. Sections 251-259 provides procedure for trial of summons cases by magistrates. Sections 260-265 make provisions relating to summary trials. Warrant Case: A warrant case relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The CrPC provides for two types of procedure for the trial of warrant cases triable by a magistrate, viz., those instituted upon a police report and those instituted upon complaint or on own information of magistrate. In respect of cases instituted on police report, it provides for the magistrate to discharge the accused upon consideration of the police report and documents sent with it. In respect of the cases instituted otherwise than on police report, the magistrate hears the prosecution and takes the evidence. If there is no case, the accused is discharged. If the accused is not discharged, the magistrate holds regular trial after framing the charge, etc. Sessions case: In respect of offences punishable with death, life imprisonment or imprisonment for a term exceeding seven years, the trial is conducted in a Sessions court after being committed or forwarded to the court by a magistrate. Summons case: A summons case consists of all cases relating to offences punishable with imprisonment not exceeding two years. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called notice, to the accused when the person appears in pursuance to the summons. The court has the power to convert a summons case into a warrant case, if the magistrate thinks that it is in the interest of justice. Summary case: The high court may empower magistrates of first class to try certain offences in a summary way. Second class magistrates can summarily try an offence only if punishable only with a fine or imprisonment for a term not exceeding six months. In a summary trial, no sentence of imprisonment for a term exceeding three months can be passed in any conviction. The particulars of the summary trial are entered in the record of the court. In every case tried summarily in which the accused does not plead guilty, the magistrate records the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.  [1]   Procedure of Magistrate on appearance of accused in warrant case: In warrant case if the Magistrate finds that the charge against the accused is groundless, he has power to discharge the accused by recording reasons. If the Magistrate has reason to believe that there is ground to proceed further, he then frame charges against accused which is read and explained and thereafter asks accused whether he pleads guilty of offence or not. If the accused pleads guilty, the Magistrate may convict the accused and proceed further to question the accused about quantum of sentence. Thereafter awards sentence. If the accused pleads to be tried, the magistrate proceeds to examine the witnesses of prosecution, hearing of prosecution and examination of accused under Section 313(1)(b) CrPC follows. The accused shall also be called upon to enter defence and produce his witnesses if any. Procedure of Court of Session: In case of offence exclusively triable by a court of Session, the Magistrate may take cognizance if such an offence and commit the case to the court of Session for trial. A court of Session cannot directly take cognizance of offence triable by it. On appearance by the accused before Sessions Court, the Judge hears the public prosecutor regarding the case. If the Judge considers that there is no sufficient ground to proceed with, he can discharge the accused, otherwise he proceeds to frame charge and examines the accused about the charge. If the accused pleads guilty the judge convicts the accused and the question quantum of sentence and award sentence by way of judgment. If the accused wishes to be tried the Judge shall fix dates for examination of prosecution witnesses and shall hear prosecution arguments and then call upon accused personally to explain any circumstances against him in evidence. If no case is made-out, the Judge shall record order of acquittal. If the Judge does not think it fit to acquit the accused, he shall thereupon ask the accused to enter on his defence. Accused can also file written statement explaining the circumstances of his involvement in the case. On hearing prosecution and accused, the Judge shall give a judgment. In case the accused is convicted, he shall be heard about quantum of sentence. Thereupon award of sentence follows. Examination of Court Witnesses:-The court has power to examine any person, at any stage, as court witness in the ends of Justice. Summons procedure:-In summons case, the accused is issued summons to appear or brought before the Magistrate. Then particulars of offence are stated and if the accused pleads guilty, he is convicted or otherwise trial follows. It shall not be necessary to frame charges in summons case. Summary and trial procedure:-Summary trial is a short-cut procedure of regular trial. Since risk is involved in short cut procedure, senior and experienced judicial officers are empowered to try certain petty cases. Though some offences under this summary trial procedure involved are warrant cases, but the involvement of punishment in summary trial being only three months imprisonment, summons case procedure is followed at the trial. In this summary trial, the Magistrate shall record substance if evidence and a judgment of brief statement of reasons for the finding follows if the accused does not plead guilty.  [2]   Guidelines: The purpose of these guidelines is to help magistrates decide whether or not to commit either way offences for trial in the Sessions Court. Their object us to provide guidance not direction. They are not meant to impinge upon a magistrates duty to consider each case individually and on its own particular facts. These guidelines apply to all defendants aged 18 and above. General Mode of Trial Considerations: When deciding whether a case is better triable as a Sessions case or a warrant case, a magistrate must keep in mind the following considerations: a) the nature of the case, b) whether the circumstances make the offence one of a serious character, c) whether the punishment which a magistrates court would have the power to inflict for it would be adequate, d) any other circumstances which appear to the court to make it suitable for the offence to be tried in one way rather than the other, e) any representations made by the prosecution or the defence. Some more observations: a) the court should never make its decision only on the grounds of convenience or expedition, b) the court should assume for the purposes of deciding the mode of trial that the prosecution version of the facts is correct, c) where cases involve complex questions of fact or difficult questions of law, including difficult issues of disclosure of sensitive material he court should consider committal for trial, e) in general, except where otherwise stated, either-way offences should be tried summarily. Problems and Suggested Reforms in Trial Procedure In cases of conviction, the sentence that may be passed is limited by (a) the procedure adopted for purposes of trial: and (b) the limits placed by S.29 Cr.P.C. on different classes of Magistrates. If the case is tried by the Chief Judicial Magistrate (or the Chief Metropolitan Magistrate), the upper limit of sentencing would be any sentence authorized by law, except a sentence of imprisonment for life or of imprisonment for a term exceeding seven years. A Magistrate of the First Class (or a Metropolitan Magistrate) may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding Rs.5000 or of both.  [3]   The procedure for recording evidence varies according to the form of trial. Section 274 Cr.P.C., prescribes that in summons cases and inquiries, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court. The proviso enables the Magistrate to cause such memorandum to be made in writing or from his dictation in open Court where the Magistrate is unable to make such memorandum himself and records reasons for his inability. S.376 (d)., provides that no appeal from a convicted person shall lie when a sentence of fine only is passed not exceeding Rs.200/- in a case tried summarily by the Magistrate empowered under section 260. S.260 and 355 are either unutilized or under-utilized. Only those Magistrates (Other than CJMs and MMs) who are duly empowered, either by name, or by virtue of office, or under the statute creating the offence can try the cases summarily. But most of the Magistrates are not empowered. This is one among the many reasons why summary procedures is not fully utilized. As the Judge of the same status can deal with the case summarily when he is posted as a metropolitan Judge without any empowerment there is no reason why such empowerment is needed for other magistrates to deal with the cases summarily under Section 262 of the Code The Law Commission has in its 154th report also recommended enhancement of the limit of Sentence prescribed in Section 262 of the Code to three years. It has also recommended some incidental amendments to Sections 2(x) and 2(w). The researcher feels that Section 2(x) defining warrant case be amended by substituting the word three for the word two. Consequently all cases which are not warrant cases, relating to offences punishable with imprisonment lower than three years shall become Summons cases which shall be tried by following the summary procedure prescribed in Chapter XXI of the Code. Large number of cases which do not involve serious offences can be disposed of expeditiously. As the Magistrate has power under S. 260(2) to try the case regularly if he feels that it is desirable to do so in the interest of justice no prejudice would be caused. However, the researcher is of the opinion that proper training should be given to all the Magistrates about trying the cases following the summary procedure. The training should include mock trails and writing of judgments in summary trials by the trainees.

Reflection on Demand and change in Nurse Manager

Reflection on Demand and change in Nurse Manager Over the last decade management in nursing has become increasingly demanding (Hyrkas et al 2005). The role of nurse managers has undergone significant change as nurse managers have taken on more administrative roles. Restructuring and specialization of healthcare organizations has had an impact on the role of the nurse manager. If preparation of nurse managers is inadequate, potential for role confusion and role stress increases, undermining role effectiveness in this key position (McCallin Frankson, 2010). Within the hospital and specialized clinic setting a synergy between business practice and clinical practice is vital to the success of the organization. In my experience as a nurse manager, while attending monthly management meetings, I have experienced hospital administrators (CEOs and CFOs) that understand that nurses are essential for a hospital or health clinic to function, and to maintain a high quality of care. But at the same time these administrators express concerns tha t department managers are not as responsive as they would like in relation to alignment with organizational resource management and objectives. In these instances it appears that the administrators and department managers are out of sync in what they understand the job role to be. This perception does not negate the clinical expertise of the manager but may demonstrate a lack of business skill, or understanding of the business objectives and expectations of the role for the clinical manager. Healthcare is a business and, like every business, it needs good management to keep the business connected and running smoothly. The aim of this paper ..As part of my personal development plan, using the example of cardiac care clinics, role challenges are discussed, and implications for nursing management that present a new approach to nurse manager development I will explore the challenges that face nurse managers to better understand the integration of business expectations and the role of the nurse manager in the setting of cardiac care and identify possible improvements that could close perceived training gaps being experienced. I see this knowledge as being helpful in my personal development but also in developing templates to assist other managers to improve as they embark into managing specialty clinics. Healthcare organizations are working to provide optimal care in cost effective ways. The tension between these two objectives is challenging for all levels of management. In my experience with cardiac care, I see nurse managers being challenged to develop optimal planning algorithms, patient satisfaction surveys, or building new clinical paths, such as cardiac care service lines for focused cardiac management. Choices ultimately have to satisfy clinical objectives of optimal care, outstanding communication, collaboration and transparency of information. At the same time organizational issues need to be addressed in order to deliver products and services in a sustainable way (cost effective, evidence based, and state-of-the art). Nurse Managers are required to become experts in the fundamentals of business management which often is beyond the education and experience of a registered nurse (Wright, Rowitz, Merkle, 2000) (Mathena, 2002) (Douglas, 2008). To address these concerns within the setting of a specialized clinic, specialized training and support could be designed to develop the skills and models to support the development of effective nurse managers. As nurses, much of how we learn to manage and lead is learned informally as we advance in our careers. However, this does not mean that it cannot be done better. Management skills may be learnt on the job but are also skills that should not be left to chance. The gap in management and business preparation among nurse managers is an area that could be improved (Noyes, 2002). One argument is that these skills are acquired in the University of Life (Pedler, Burgoyne, Boydell, 2007, p. 13). Education and support of clinical nurse managers received considerable attention in the 1980s, with accounts of preparatory courses which were considered to have been effective at the time (Gould, Kelly, Goldstone, Maidwell, 2001). In the years since much has changed in healthcare. Continuing ill preparedness for nursing management and leadership continues to be documented (Douglas, 2008). As the span of the role has expanded, nurse manager workloads have increased (Lee Cummings, 2008). This can lead to role fatigue that threatens individuals, the role itself, along with the clinical objectives of the cardiac program. The situation is sustained when nurses are promoted into management roles without any formal management training at all (Platt Foster, 2007). In my experience, the cardiac specialty clinic has intense challenges; the scope of the role is wide-ranging. A nurse manager enters a cardiac specialty role with advanced clinical expertise and must promptly become a strategic planner, human resource authority, quasi-business manager, financial analyst, risk manager, operations manager, quality specialist, and clinical expert (Crowther, 2004). Other competencies include staffing management, performance evaluation, team development, delegation, conflict re solution, change management and problem solving (Mathena, 2002). Research suggests that nurse managers receive little management support and little is done to set expectations, track performance, or offer feedback (Tuglan, 2007) Poor access to formal organizational support suggests that a nurse managers management skills are learnt utilizing trial and error methods (Paliadelis, Cruickshank, Sheridan, 2007) To better understand the integration of business expectations and the role of the nurse manager in the setting of cardiac care, I conducted semi-structured discussions with key stake holders and support experts (CMO, CFO, DON, Purchasing Manager, and Nurse Managers). With the permission of the individuals I documented field notes to later review and analyze systematically, to identify recurrent themes and understand perceived gaps existing between the clinical and the business aspects of management within the specialized cardiac clinic. A simple thematic approach was utilized where the notes were coded according to similarities and differences that were grouped into categories and then arranged into themes. Three themes emerged from the notes namely, understanding of the managerial role, management and business training deficits, and a general feeling of management overload. The discussions were structured based on clinic management, operational management, value proposition, market segment, strategic position, and clinical strategy. This structure provided a framework to categorize the differing responses to identify the applicability of clinical and business theory to establish a clearer understanding of the elements required to build a nurse manager development strategy. In understanding the cardiac clinic managers role, administrators acknowledged Within the cardiac arena, healthcare knowledge that nurse managers must possess has changed and continues to change dramatically, these changes are more complex, frequent and rapid than ever before CEO. The clinic managers themselves identified a lack of clarity; comments indicated that the managers role is diverse when compared to the job description. Within the cardiology specialty, the cardiac managers role has become more challenging today than in the past, mainly due to the numerous changes that are occurring in cardiac care today Cardiac Clinic Manager. The lack of preparedness for the role was an area that reinforced what the literature stated. Common comments included: Not all nurse managers are successful in the transition from staff nurse to management. The successful nurse managers achieve results through their ability to develop leadership skills, critical thinking skills, and over time, a development of mutual respect. Director of Cardiac Services. I was the go-to person for the cardiology step down unit; I had good clinical skills, and was promoted into a management position. You could describe my transition as baptism by fire Cardiac Clinic Manager. When asked what a successful nurse manager would look like, the majority of answers indicated that success was interpreted as maintaining staff satisfaction, avoiding patient complications, and dealing with the day to day problems associated with the patient flow through the clinic. Integrating specialized cardiac clinical experience with management skills is identified as challenging, management role descriptions need to be supported and aligned with organizational objectives. I see this as having implications for the development of cardiac clinic nurse managers because if roles are vague managerial communication and leadership will be challenging. The second theme evident was a business management deficit. Business and financial management was identified as being an area of nurse management that made the role demanding. As a manager I have had to manage information technology, finances, human resources, business strategies and organizational operations. This is a very wide subject potentially requiring knowledge of many aspects of business as it relates to, health economics, quality, value, reimbursement, and strategy. Although some nurse managers identified a familiarity with budgeting and performance improvement, they also expressed that these were areas that they had no formal training, and that were viewed as outside of their control. There was no formal business training. My problems are figures, budgets and reports. I was completely computer illiterate, and am not much better today Clinical Manager. Situations were also described where nurse managers dont speak up, or attend organization planning, or strategy meetings, and as a result the organization bypasses them when making key decisions. Nurse Managers are not taught how to influence business practices within a healthcare organization. Many clinic nurse managers dont seem to take ownership of the operational management of their departments Purchasing manager, Several hospital administrators identified that the Nurse Manager are rarely considered experts in the logistics associated with the supply, operational, and fiscal management. Administrators agreed that nurse managers have a difficult position, in that they have 100% accountability for quality care, and productivity within the specialized clinic, but not 100% authority. Connecting the clinical aspect of cardiac services to funding is essential for financial managers to select appropriate working capital strategies to support the overall business strategies and objectives (Marsh 2009). As I consider the nurse mangers role in todays specialized healthcare environment, it is important to place the subject into context of what has happened and what is happening in our field of work, because managers in todays cannot simply emulate managers of the past (Ellis, 2005, p. 3). Key stakeholders (administration, CEO, CFO) interviewed identified that trends in cardiac healthcare are being affected by such things as: the global market place, the impact of information technology, demands for higher quality and faster service, shorter implementation times on healthcare initiatives, increasing specialty focus and disease management customization, external relations: consumers and industry. High expectations challenge managers asked to stretch resources and time beyond what can be effectively managed. Managers speak of feeling overwhelmed. Common comments included: There are not enough hours in the day, to complete the report, budgets, planning and meetings Cardiac Service Line Manager. And Its about what is achievable and what is not you have to deal with it Cardiac Clinic Nurse Manager. Quality management was a phrase that was identified by all, and appears to be a priority in todays healthcare arena, describing a level of management or service. Some philosophers Plato 2500 years ago to Robert Pirsig in 1975, in Zen and the art of motorcycle maintenance, argue that quality cannot be defined, that we just know it when we see it. In striving to provide, and document proof of quality services nurse managers are pressured to manage and identify the key performance indicators that would be most valuable and then report formats that would be most useful to users, all with little or no training in this area. The role of todays specialized healthcare manager is seen as even more complicated due to the rapidly changing environment surrounding cardiovascular services. Literature supports the fact that managers of previous generations did not have to deal with the rapidity, complexity, and frequency of change that managers are faced with today (Ellis, 2005, p. 13). As new management roles are created, in response to change, the clinician, transitioning to management must give up their role as an individual contributor. As an individual contributor success is measured by the accomplishments of the individuals work. As a manager, you are no longer responsible for what you alone accomplish. You must now work with your direct reports to achieve the goals of the department and the organization. Specialized clinics should not have to reinvent the wheel, with the adoption of methods, tools and techniques the specialized clinic could evaluate current strategy and test future scenarios. There must be a perceived need for change with decision makers. During informal field discussions I discovered many instances that indicated a need for change as well as the need for inclusive ways of framing seemingly complex problems. This was verbalized through feelings of frustration and inadequacy; these situations could be categorized as general inadequate knowledge and preparation. Understanding the role of the manager, is important and in broad terms, I see this as achieving results through, and with others, to help their healthcare team be productive and effective in providing quality care. To do this, competencies such as guiding, supporting, and development of others to higher levels of performance are needed. Managers need to create an environment that encourages and motivates individuals to perform (Chief Nursing Officer) When you create the right environment, achieving results through others becomes much easier. (Boyette Conn, 1992) Data from the interviews indicated that clinical nurse managers appeared to feel clinically competent but generally experienced lack of concordance when dealing with a range of issues, in particular; human resources, managing budgets, communicating at a business level and using information technology in everyday practice. The most effective nurse managers are identified as those who accept full accountability for their own training and development within the clinic and for the outcomes that the clinic achieves. This paper has attempted to explore the issues affecting a nurse manager, specifically as it could relate to a specialized clinical area. I have found that the need for educational support is compounded by a business management deficit and high expectations (possibly unrealistic) that may be causing work overload among nurse managers. It can be stated that the nurse manager role encompasses both management and leadership, and that managers are appointed without the essential organizational management skills or support, making these managers vulnerable in their positions. Obtaining, training, and retaining nurse managers who have the skills and knowledge to manage specialized cardiac clinics is extremely important. Management development is a highly necessary pursuit (Tanner, 2002) (Srsic-Stoehr, Rogers, Wolgast, Chapman, 2004) for nurse managers to assist in addressing the challenges in their positions. Drucker 1967 on developing managers believes that development is not about identifying talent for todays requirements, but it should embrace developing managers to manage the future. It is important to ensure that a policy of developing the management and leadership potential in all and particularly of newly appointed managers. Individuals should also ensure that they focus on developing their own management skills through training, reading, analyzing, and following the example of good managers and by assessing, monitoring, and improving their own performance. The best managers increase the health of the workers whom they manage (Maslow, 1998, p. 94). There are a number of possibilities in up skilling nurse managers, self development or personal development, with the nurse manager taking primary responsibility for their own learning and for choosing the means to achieve this. Ultimately it is about increasing your capacity and willingness to take control over, and be responsible for, ones own development. Self development can mean many things, developing specific qualities and skills, improving performance in your job, advancing your career or, achieving your full potential as an individual. The question here is can an individual be willing and disciplined enough to identify and complete the ambitious goals that would be required here? There are many suggestions in the literature that guide and recommend models and methods to train and develop nurse managers; one suggestion is to develop in-house leadership through a Nurse Leadership Academy, as outlined in appendix II. Once a hospital initiates this kind of program, it can expand it to other leaders in the organization, and also begin developing an internal cadre of coaches and mentors. It has been suggested that one way to manage and assist the specialized cardiac clinic organizations improvement process is by implementing concepts such as Lean Six Sigma to improve performance, core process or quality service (Womack and Jones 1996, 2005). These programs assist in organizational development but not the individual. Six Sigma courses are designed to teach employees and management ways to eliminate wasteful processes, automate processes, minimize error and better utilize resources. Training of managers in Lean Six Sigma can facilitate positive change but the process has also been likened to trying to build a plane while trying to fly in it. There have been many suggestions on training needs for the nurse manager, from information gathering and design specific programs to meet areas of concern such as communication, finance, information technology, leadership and quality, to subsidizing formal academic education through higher education, but sometimes these pathways are over engineered and do not designed with a supportive structure that facilitates practice adoption. Higher education is essential for managers to further branch out and develop professionally, programs such as MBAs, Informatics, Masters programs in hospital administration offer much opportunity, but are also often not supported or backed up with mentoring programs and resources from within the managers clinical workplace. Passionate as I am about the potential contribution of specialized cardiac care programs and management education of the leaders for tomorrow, I remain convinced that a supportive approach is the foundation within this specialty area. In the foreseeable future specialized clinics are going to own the problem of training and developing managers, a component of this will involve support and encouragement of nurse manager personal development, with the nurse manager being encouraged to take primary responsibility for their own learning. Tertiary healthcare education programs, rightly or wrongly, are not about to relieve healthcare of this burden or, I should say opportunity, but has the potential to support an individuals quest for professional development as a manager. Much of this can be supported with the initiation of individual development plans IDPs (Appendix III). This is not what I had envisioned as I started this evaluation looking into new approaches to nurse manager development and education. I see that a personalized approach is needed for both my own development and the development of other managers; the approach would not necessarily incorporate a generic formalized education plan, but would encourage the goals, with the support of organizational resources, backed up by an E-learning capability and personal mentor. I see clinical management in specialist centers is not merely for the intellectually curious. Management should be for those who are not content to follow, for those who believe that the best way to win is to rewrite the rules, for those who are unafraid to challenge orthodoxy, for those who are more inclined to build than cut, for those more concerned with making a difference than making a career, and for those who are absolutely committed to staking out the future first. David Roffe the CIO of St Vincents Hospital group in Sydney identifies the goal for managers may be identified as enlarging their personal development to fully encompass the emerging healthcare reality. Appendix I In many instances a cyclic self evaluation has us going back to evaluate how to move forward. Boydell 2003 doing things well, doing things better, doing better things, Sheffield interlogics Appendix II Nurse Leadership Academy Outline The program could include but is not limited to the following elements: 1. Selection of high-potential candidates. Many hospitals start with the existing Nurse Managers to create a common language and way of thinking about leadership. Then they involve a second group of high-potential Assistant Nurse Managers and Staff Nurses. 2. Initial welcome, orientation, and content delivery. A two or three day retreat grounds participants in the key elements of being a successful leader in the hospital. At the same time, participants choose ambitious goals to improve quality, service, and cost at the organization. Note that time must be reserved to prepare for this retreat. For instance, we will assess an organization in order to tailor our existing Nurse Managers Performance Leadership Program to the specific needs of the organization. Also, we will work with leadership to determine key areas for improvement. 3. Monthly follow up meetings to discuss progress on goals, hear presentations from hospital leadership (e.g., a board member might discuss the role of the board), and learn additional content. 4. Ongoing one-on-one coaching as needed. 5. Some form of recognition after a year. Appendix III

Employees Motivation Essay -- GCSE Business Marketing Coursework

Employees Motivation A business seeks profit by provided customers with goods and services (Schoell, et al 15). There are various types of businesses that differ according to their ownership. The three basic forms of private ownership businesses are the sole proprietorship (i.e. sole trader), partnership, and corporation (Schoell, et al 132). The type of ownership that a business organization would apply is dependent on the owner's financial status and objectives. Apart from the different types of ownerships, there are various styles of management and leadership. The organization's management and leadership style has a great effect on the working environment and the employees' motivation. The development of an optimal leadership style and managerial skills that is the most appropriate to an organization is crucial, having a major effect on its life span. The working environment affects the employees' motivation, which in turn influences the overall progress and well being of the organization. A ccording to a management consultant, called Peter Economy, "It all comes down to keeping employees enthusiastic and energized," which is accomplished by developing a leadership style that would endorse the ideal environment in the business firm (Buchanan 1). A Manager's leadership style contributes directly to the subordinates' motivation and work satisfaction, and the work progress in the organization. There are two types of leadership styles, one that is task-oriented and the other that is employee-oriented. A manager with a task-oriented style will have work results as his biggest concerns; and therefore, he will develop rigid regulations that would lead the subordinates into working their tasks, exactly as he taught them, to reach his desired results. On the other hand, the manager with an employee-oriented manner will be concerned with the employees' condition. This manager's objective is to boost the employees' self-esteem and persuade them on working together to help him in decision-making and on ways to solve problems. However, not all leaders develop a style that is an absolute task-oriented or employee-oriented, their style is consisted of different characteristics from each styles. Hence a manager would be referred to as a more task-oriented or a more employee-oriented, rather than solely describing him as either one (Schoell, et al... ...level needs. As these needs are satisfied, one pursues the safety needs. The safety needs are the needs for security, the protection from deprivation and from danger. The social needs come after the fist two needs have been met. They are the needs for affection, friendship and companionship. Once these levels of needs are satisfied, one seeks for recognition so as to satisfy his ego needs. Self-actualization needs are at the highest level of the hierarchy, the hardest to reach, and never completely achieved (Schoell, et al 293-4). Herzberg's two-factor theory is a further step of Maslow's theory. Fredrick Herzberg, who is also a psychologist, divided Maslow's hierarchy of needs into two sets of needs, a higher-level set of needs and a lower-level set of needs. He named the hygienes to be the incentive factors that would satisfy the lower set of needs (Schoell, et al 294). They are factors in the working environment itself, such as the working conditions, regulations, interpersonal relations, pay, and supervision. For example, (Bovee, et al 443). However, the incentives that would fulfill the higher-level of needs are called the motivators (Schoell, et al 294).

The Opening of A Dolls House :: A Dolls House Essays

A critical analysis of the opening of the play A Dolls House. In the opening of the play "A Dolls House" ,the setting of the stage is of a house portrayed as if it were a dolls house. The items described in the house are all small therefore representing a dolls house where all items are miniature, the type of furniture owned , such as a piano, show that the family is moderately well off. There is no narrator in the play and all information and knowledge about the character is gained from listening to conversations. Ibsen has incorporated relevant information into conversations, this seems like a natural situation and makes the audience feel like they are looking onto a real house with real people. This means that the actors will have to act well so as to show audience with out seeming as if they are telling them. This means Ibsen had to write the opening of the play not only telling the audience what is going on but what has gone on. Nora is the first character introduced, and is shown entering the house on her own, the first sentence spoken in the play is said by Nora, this is to do with concealment and money. "The children mustn't see. How much is that?" This is significant to the rest of the play as these are two main themes used through the play. When Helmer (Nora Helmer's husband) enters he is then shown through out of the rest of the opening and the play, to treat Nora like a child using methods such as control and speaking to Nora in a patronising and child like manner. In the conversation between Nora and Helmer, Helmer refers to his wife as if she were inferior in the relationship using terms such as "songbird" and "squirrelkin". Nora in return replies to Helmer also using child like talk, such as referring to money as "pennies and pennies". Nora is also shown to be generous with money as she is tells the porter to "keep the change" this is an immediate indication that Nora is not worried about spending. Helmer also states that when Nora gets money it "melts in (her) hands" suggesting that she does not save .Nora's attitude towards money is also shown later in the opening when she shows no concern of borrowing money and being in debt. Nora also shows lack of feeling towards other people and there situation as long as she is ok , this shows a selfish nature as she says "why would U care if I still owed people money".

The History of African Americans in Film Essay -- essays research pape

Minstrel shows were developed in the 1840's and reached its peak after the Civil War. They managed to remain popular into the early 1900s. The Minstrel shows were shows in which white performers would paint their faces black and act the role of an African American. This was called black facing. The minstrel show evolved from two types of entertainment popular in America before 1830: the impersonation of blacks given by white actors between acts of plays or during circuses, and the performances of black musicians who sang, with banjo accompaniment, in city streets. The 'father of American minstrelsy' was Thomas Dartmouth 'Daddy' Rice, who between 1828 and 1831 developed a song-and-dance routine in which he impersonated an old, crippled black slave, dubbed Jim Crow. Jim Crow was a fool who just spent his whole day slacking off, dancing the day away with an occasional mischievous prank such as stealing a watermelon from a farm. Most of the skits performed on the Minstrel shows symboliz ed the life of the African American plantations slaves. This routine achieved immediate popularity, and Rice performed it with great success in the United States and Britain, where he introduced it in 1836. Throughout the 1830s, up to the founding of the minstrel show proper, Rice had many imitators. In 1842, in New York City, the songwriter Daniel Decatur Emmett and three companions devised a program of singing and dancing in blackface to the accompaniment of bone castanets, violin, banjo, and tambourine. Calling themselves the Virginia Minstrels, they made their first public appearance in February 1843 in a New York City theater. Another group called the Christy Minstrels, headed by the actor Edwin P. Christy, began appearing a few years later and ... ... which he received universal praise. Other films included The Long Kiss Goodnight, Deep Blue Sea, The Negotiator, Unbreakable, and Shaft. Despite his fame as a great Hollywood actor, Jackson has made time for stage work and independent films in order to stay close to his acting roots. Samuel L Jackson has then came to appear in many great movies such as Jurassic Park, Pulp Fiction, A Time To Kill, One Eight Seven, Shaft, Coach Carter, Star Wars and many others. He has also been nominated for many of these and has received many awards for a lot of these films. He is still acting and does not seem to be thinking of retirement any time soon. He truly is a great example of a great actor who rose to fame in the time of blaxploitation and also an inspiration to all those with addiction problems as someone who was able to overcome his problem and make something of himself.

Compensation: Employment and Internal Alignment

1. Define compensation and discuss the variety of returns people received from their work? (8 marks) Compensation refers to all forms of financial return and tangible services and benefits employees receive as part of employment relationship. Other than that compensation means something that counterbalance, offsets, or makes up for something else. However in the different language the compensation itself have richness of meaning, which combines entitlement, returns and reward.Compensations are related with the employee and the employer performances, it means by employee performance of their works and the employer as the organization performance. Compensation need to be consider in all aspect especially in internal or external factor such as technology advancement, human capital, economic, government and others because it may affect the organizations itself. Other than that, the benefit of compensation toward the employees is it may increase the employee morale and it’s also a way to attract and retain employees.The variety of returns people receive from their work that are categorized as total compensation and relational returns. The total compensations are transactional and the relational returns are psychological. Total compensation can be divided into two. First is cash compensation that means by they include pay directly as cash such as base, merit/cost of living, short term incentives and long term incentives. That normally employer pays for the work performed based on their result in performance appraisal.Second is indirectly as benefits such as income protection, work/life balance, and allowance. That is non-monetary benefits for the employees, for example all female employees are entitled for maternity allowance, transportations allowance, EPF or SOCSO and others. The relational returns are involved learning opportunities, status, challenging work and so on. By means the compensation is intangible. For example for recognition and status, as human being normally people are loved to be respect by the others because that is a human nature.The increase of status means position of the employee may improve their morale and individual self-esteem. It also may influence other people to compete and improve their performance and gain the competitive advantages. 2. Pay system are designed to achieve certain objective, list and briefly describes the three compensation objective? (10 marks) i. Efficiency ? Performance ? Quality ? Customer and stockholder ? Cost ii. Fairness iii. Compliance iv. Ethics †¢ EfficiencyCan be stated more specifically first in improving performance, increasing quality, delighting customers and stakeholder and second is controlling labor cost. It also means by the pay of the employees are equivalent with the employee performance. When the employees are satisfied with their payment it will improve the quality of work indirectly will also increase the product quality. When the employees feels satisfied with their payment it will make the organization stable and it will help for the customer and stockholder loyalty (good image of organization).The organization also my control labor cost because they are able to attract and retain their employees. †¢ Fairness It is call as a fair treatment for all of the employees by recognizing both employees contributions for example higher pay for greater performance, experience, or training and employees needs for example fair wage as fair procedures. The procedural fairness is refer to the process used to make pay decisions. It suggested the way a pay decision is made be equally as importance to employees as the result of decisions.For example, the CEO position are received the higher pay in organization it is because the decision that been made may give a big impact towards the organization rather than the decision that had been made by the operator that may give a little impact only in department. †¢ Compliance As a pay objective means c onforming to federal and state compensation law and regulations. If laws change, pay system may need to change, too to ensure continued compliance. As compliance go global, they must comply with the laws of all the countries in which they operates.It means by, even they are same position but in different country, the employees cannot have the same pay. It is because every country has own currency. So, it is not suitable to use the same compensation system in different country, it also may cause dissatisfaction among employees. 3. Discuss four perspective of compensation? (12marks) i. Society Some people see pay as measure of justice. For example the comparison of earning between men and women highlights what many consider inequities in pay decisions. Benefits given as part of total compensation package may also be seen as a reflection of equity or justice in society.The society also may see that involved job losses or job gain in a country over time. It means by the compensation may increase the employee morale (job gain) or decrease employee morale (job losses) because of dissatisfaction. Some consumers know that pay increase often lead to price increases. It’s because the employer need to pay the employees by using their profits. ii. Stockholders They are also interested in how employees are paid. Some believe that using stock to pay employees creates sense of ownership that will improve performance, which will, in turn, increase stockholder wealth.It is because, the employee will feel more responsible as they feels that the organization as their own. iii. Managers For manager, compensation influences their success in two ways. First it is major expense. Competitive pressures, both global and local, force manager to consider the affordability of their compensation decision. Other than that, managers also used it to influences employees behavior and improve the organization performance because they have an authority to evaluate the employees’ pe rformance that relate to the compensations and benefits. v. Employees The pay individuals receive in return for the work they perform is usually the major source of their financial security. Employees may see compensation as a return in an exchange between their employer and themselves, as an entitlement for being an employee of the company, or as a reward for a job well done. The employees see pay as the important things in their live because it determines the standard of living and the money that they need to plan for their future. 4. Elaborates four steps in developing a compensation strategy? 12 marks) i. Assets Total Compensation Implications Think about any organizations past, present, and its future. What factors in its business environment have contributed the company’s success? Which factor that become more or less likely important as company looks ahead? The company classifies the factors as business strategy and competitive dynamic, HR strategy, culture/values, soc ial and political context, employee/union needs and others HR system. Which is the employer itself must have clear understanding about their business. i. Map a Total Compensation Strategy Mapping is often used in marketing to clarify and communicate a products identity. A strategic map offers a picture of company compensation strategy. It can also clarify the message that the company is trying to deliver with its compensation system. The comparison with competitors using the diagram based on element on pay model such as, objective, internal alignment, external competitiveness, employee contributions and management. iii. Implement strategyInvolve implementing strategy through the design and execution of compensation system. Where implement the system that had been created. iv. Reassess Reassess and realign, closes the loop and recognize that the strategy must be changing to fit the changing conditions. Thus the periodic reassess is needs to continuously learn, adapt, and improve. The result from using the system need to be assessed against objectives we are trying to achieve. 5. Define an internal alignment and briefly discuss any four factors which shape internal alignment? (10 marks)Internal alignment can be define as internal equity, refers to the pay relationships among different jobs/ skills/ competencies within a single organization. It also means by how to structure the position in organizations. For example, if a person holding degree, he will be measure under competencies, which is he has a good qualification than others. Factors which shape internal alignment :- i. Government policies, laws and regulations. The equal employment legislations forbids pay system that discriminate on the basis of gender, race, religion or national origin.The equal pay for equal work with considers under equal if it is equal skills, equal effort and equal responsibility and is performed under equal working conditions. ii. Organization strategy It may influence the internal alignment. The belief is that pay structure that are not aligned with organization strategy may become obstacles to the organization success. iii. Organization Human Capital Human capitals are based on education, experience, knowledge, abilities and skills require performing the work. It is a major influence in internal alignment.The greater the values added by the skills and experience the more pay those skills will command. iv. Overall HR policies The organization other human resource policies also may influence internal pay structures. Most organizations tie money to promotions to induce the employees to apply for higher-level position. If organization has more levels, it can offer more promotions, but there may be smaller pay differences between levels. The belief is that more frequent promotions (even without significant pay increase) offer sense of career progress to employees. [pic]

Dozier: Foreign Exchange Market and Forward Contract

Dozier Industries has three options to choose from when deciding on the best way to handle their first non-US dollar denominated receivable: 1. Entering into a forward contract in which Dozier would sell forward British Pounds. 2. Execute a spot market transaction to create a synthetic forward hedge. 3. Do not hedge against any fluctuations between the Pound and the Dollar. For the purpose of the analysis, there are several assumptions made which are pertinent to the analysis that follows (see appendix). Forward Contract Hedge The first option available to Dozier Management to hedge the risk of the Great British Pound (GBP) depreciating against the United States Dollar (USD) is to enter into a contract to sell forward ? 1,057,500 for USD in 90 days. Therefore, on April 14th, when Dozier receives the remaining GBP from the security system contract, it would be required to deliver these GBP to the counterparty of the forward contract. This option would make the firm immune to any fluctuations in the value of GBP relative to USD over the next 90 days as the firm would lock in the USD/GBP exchange rate for their receivable of ? ,057,500. At the current 3-month forward rates of (1. 4198 USD/GBP), Dozier would capture guaranteed proceeds of $1,501,438. 50. Dozier also received ? 117,500 as deposit for the contract. The firm could sell this deposit on the spot foreign exchange market at the current rate of 1. 437 USD/GBP and receive $168,847. 50. Investing the proceeds of the deposit in a U. S. money market accou nt would yield $171,988. 00 in 90 days. It is important to note that since the contract was settled on December 3rd, the GBP depreciated by over 3% (from (1. 820 to 1. 437 USD/GBP). As a result of this movement, the USD value of the deposit was reduced by the same 3% from $174,135. 00 to $168,847. 50. Under the strategy of using the forward contract hedge, the firm would be assured of receiving a total of $1,673,426. 50 ($1,501,438. 50 plus $171,988. 00). Given the total cost of the project of $1,642,783, the firm would realize a profit of $30,643. 50, a margin of 1. 87%. This profit margin would be significantly below the projected 6% return. Spot Market Hedge An alternative to the forward contract hedge is Dozier could create a matching liability for the GBP receivable by borrowing GBP from the bank, immediately exchanging the GBP for USD in the spot foreign exchange market and then investing the USD proceeds in a three month deposit. At the time the receivable comes due, Dozier would use the GBP proceeds to repay the liability and keep the USD amount of the three month profit. These series of transactions would eliminate the risk of the depreciation of the Pound. GBP funding is available at a rate of 15% (13. 50% GBP prime rate plus 150 basis point credit spread). To create a GBP liability of ? 1,057,500 GBP in 90 days, the firm would need to borrow its present value of ? 1,021,188. 50. The firm would then receive $1,467,447. 88 at the current exchange rate. As the USD investment would be over $1. 0 million it would be classified as a large deposit and qualify for the premium interest rate. As in the previous scenario, Dozier would immediately exchange the ? 117,500 deposit into $168,847. 50. The total proceeds of $1,636,295. 38 could then be invested in a deposit bearing 8%, earning interest of $31,787. 57 over 90 days. The firm would receive a total of $1,668,082. 4 from the initial deposit, the principle and interest in the three month investment. Given the project costs stated above, the firm would realize a profit of $25,299. 94, representing a margin of 1. 54%. Spot Market Hedge The final option available to Dozier Management is to leave the 1,057,500 GBP receivable un-hedged. If the GBP were to appreciate against the USD over the next 9 0 days, Dozier would reap the full benefit of this appreciation. Conversely, should the GBP depreciate versus the USD over the next 90 days, Dozier would suffer a loss equal to the percent depreciation of the pound to the dollar. In a scenario where the USD/GDP exchange rate moves by  ±10%, the Dozier’s profits would range between negative $96,471. 13 (or 5. 9% of cost, making the project a loss) and $207,819. 16 (or 12. 65% of cost, effectively doubling the profit margin). Conclusion Dozier can capture a profit through both of the hedging strategies albeit it being smaller than the target six percent originally built into the bid. An un-hedged position is unacceptable due to the firm’s recent financial difficulties – it is critical that Dozier profits from this initial venture into this new market. While leaving the receivable un-hedged alternative does offer the greatest potential profit at the current prevailing FX rates, these profits are not guaranteed (see appendix for profit/loss possibilities given GBP/USD FX fluctuations). Given the importance of locking in a profit and the uncertainty of the GBP/USD future exchange rates, we recommend Dozier hedges the ? 1,057,500 receivable by exchange rate in Appendix Assumptions: †¢All transactions are executed immediately. †¢All transaction costs surrounding the forward contract are negligible. †¢All rates given in Exhibit 4 will not fluctuate over the 90 day time span. Deposits over $1 million are eligible for the three month deposit rate. Calculation of Profits: Spot Market Hedge Deposit Amount $ 168,847. 50 Interest Received $ 28,507. 45 Principal Amount $ 1,467,447. 88 Total $ 1,664,802. 82 Cost of Project $ 1,642,783. 00 Interest on Initial Deposit $ 3,280. 12 Net Profit on Project $ 25,299. 95 Profit Margin on Project1. 54% Currency Forward Hedge Receivable GBP $ 1,057,500. 00 Short GBP $ (1,057,500. 00) Long USD @ 3 month Fwd $ 1,501,438. 50 Deposit $ 168,847. 50 Cost of Project $ 1,642,783. 00 Interest on Initial Deposit $ 3,140. 50 Net Profit on Project $ 30,643. 50 Profit Margin on Project1. 87% Profit Margin Scenario Analysis FX Rates% ChgUSD EquivalentCost of ProjectDepositProfit/LossProfit Margin 1. 30 -10. 0% $ 1,374,323. 87 $ 1,642,783. 00 $171,988. 00 $ (96,471. 13)-5. 87% 1. 31 -9. 0% $ 1,388,205. 93 $ 1,642,783. 00 $ 171,988. 00 $ (82,589. 07)-5. 03% 1. 33 -8. 0% $ 1,402,228. 21 $ 1,642,783. 00 $ 171,988. 00 $ (68,566. 79)-4. 17% 1. 34 -7. 0% $ 1,416,392. 13 $ 1,642,783. 00 $ 171,988. 0 $ (54,402. 87)-3. 31% 1. 35 -6. 0% $ 1,430,699. 13 $ 1,642,783. 00 $ 171,988. 00 $ (40,095. 88)-2. 44% 1. 37 -5. 0% $ 1,445,150. 63 $ 1,642,783. 00 $ 171,988. 00 $ (25,644. 37)-1. 56% 1. 38 -4. 0% $ 1,459,748. 11 $ 1,642,783. 00 $ 171,988. 00 $ (11,046. 89)-0. 67% 1. 39 -3. 0% $ 1,474,493. 04 $ 1,642,783. 00 $ 171,988. 00 $ 3,698. 04 0. 23% 1. 41 -2. 0% $ 1,489,386. 91 $ 1,642,783. 00 $ 171,988. 00 $ 18,591. 91 1. 13% 1. 42 -1. 0% $ 1,504,431. 23 $ 1,642,783. 00 $ 171,988. 00 $ 33 ,636. 2 2. 05% 1. 44 0. 0% $ 1,519,627. 50 $ 1,642,783. 00 $ 171,988. 00 $ 48,832. 50 2. 97% 1. 45 1. 0% $ 1,534,823. 78 $ 1,642,783. 00 $ 171,988. 00 $ 64,028. 77 3. 90% 1. 47 2. 0% $ 1,550,172. 01 $ 1,642,783. 00 $ 171,988. 00 $ 79,377. 01 4. 83% 1. 48 3. 0% $ 1,565,673. 73 $ 1,642,783. 00 $ 171,988. 00 $ 94,878. 73 5. 78% 1. 50 4. 0% $ 1,581,330. 47 $ 1,642,783. 00 $ 171,988. 00 $ 110,535. 47 6. 73% 1. 51 5. 0% $ 1,597,143. 77 $ 1,642,783. 00 $ 171,988. 00 $ 126,348. 77 7. 69% 1. 3 6. 0% $ 1,613,115. 21 $ 1,642,783. 00 $ 171,988. 00 $ 142,320. 21 8. 66% 1. 54 7. 0% $ 1,629,246. 36 $ 1,642,783. 00 $ 171,988. 00 $ 158,451. 36 9. 65% 1. 56 8. 0% $ 1,645,538. 83 $ 1,642,783. 00 $ 171,988. 00 $ 174,743. 83 10. 64% 1. 57 9. 0% $ 1,661,994. 22 $ 1,642,783. 00 $ 171,988. 00 $ 191,199. 22 11. 64% 1. 59 10. 0% $ 1,678,614. 16 $ 1,642,783. 00 $ 171,988. 00 $ 207,819. 16 12. 65% Notes: *All numbers rounded to the nearest one-hundredth decimal place. *No probability weighting given to each sc enario.