Theodore Roosevelt Essay Example For Students

Theodore Roosevelt Essay Franklin Delano Roosevelt, (1882-1945), 32nd of the United States. Roosevelt became president in March 1933 at the depth of the Great Depression, was reelected for an unprecedented three more terms, and died in office in April 1945, less than a month before the surrender of Germany in World War II. Despite an attack of poliomyelitis, which paralyzed his legs in 1921, he was a charismatic optimist whose confidence helped sustain the American people during the strains of economic crisis and world war. He was one of Americas most controversial leaders. Conservatives claimed that he undermined states rights and individual liberty. Though Roosevelt labored hard to end the Depression, he had limited success. It was not until 1939 and 1940, with the onset of heavy defense spending before World War II, that prosperity returned. Roosevelt also displayed limitations in his handling of foreign policy. In the 1930s he was slow to warn against the menace of fascism, and during the war he relied too heavily on his charm and personality in the conduct of diplomacy. We will write a custom essay on Theodore Roosevelt specifically for you for only $16.38 $13.9/page Order now Still, Roosevelts historical reputation is deservedly high. In attacking the Great Depression he did much to develop a partial welfare state in the United States and to make the federal government an agent of social and economic reform. His administration indirectly encouraged the rise of organized labor and greatly invigorated the . His foreign policies, while occasionally devious, were shrewd enough to sustain domestic unity and the allied coalition in World War II. Roosevelt was a president of stature. The future president was born on Jan. 30, 1882, at the family estate in Hyde Park, N.Y. His father, James (1828-1900), was descended from Nicholas Roosevelt, whose father had emigrated from Holland to New Amsterdam in the 1640s. One of Nicholas two sons, Johannes, fathered the line that ultimately produced President Theodore Roosevelt. The other son, Jacobus, was James great-great-grandfather. James graduated from Union College (1847) and Harvard Law School, married, had a son, and took over his familys extensive holdings in coal and transportation. Despite substantial losses in speculative ventures, he remained wealthy enough to journey by private railroad car, to live graciously on his Hudson River estate at Hyde Park, and to travel extensively. Four years after his first wife died in 1876, James met and married Sara Delano, a sixth cousin. She, too, was a member of the Hudson River aristocracy. Her father, one of James business associates, had made and lost fortunes in the China trade before settling with his wife and 11 children on the west bank of the Hudson. Sara had sailed to China as a girl, attended school abroad, and moved in high social circles in London and Paris. Though only half her husbands age of 52 at the time of her marriage in 1880, she settled in happily at Hyde Park. Their marriage was serene until broken by James death in 1900. His record at Harvard, which he attended between 1900 and 1904, was only slightly more impressive. Thanks to his excellent preparation at Groton, he was able to complete his course of study for his B.A. in 1903, in only three years. During his fourth year he served as editor of the Crimson, the college newspaper. However, he was not accepted for Porcellian, Harvards most prestigious social club, and he did not receive much stimulation in the classroom. As at Groton, his grades were mediocre, and he showed no excitement about his studies. At this point politics gave him a sense of purpose. The Democratic organization in Dutchess county, the area around Hyde Park, needed a candidate for the New York state Senate in 1910. Party leaders recognized that although Roosevelt had no political experience he had assets as a candidate: the wealth to finance a campaign, and the best-known political name in the United States. Roosevelt worked as never before during the campaign. Acquiring a car, he crisscrossed the county in his quest for support. He showed skill at making himself agreeable to voters and a willingness to listen to the advice of political veterans. As at Groton and Harvard, during his political career he proved open and adaptable. For all these reasons Roosevelt won impressively in the usually Republican district. Roosevelt made an immediate impact in the legislative session of 1911. At that time U. S. senators from New York were elected by the legislature,not by popular vote. The Democrats, with majorities in both houses, prepared to select William F. Sheehan, a transportation and utilities magnate who was the choice of Tammany Hall, New York Citys powerful political machine. A few Democrats balked at the choice. Roosevelt joined them and became their leader. But Roosevelt and his allies took some consolation in having forced the withdrawal of Sheehan and in attracting nationwide attention. It was an auspicious start to a career in politics. As assistant secretary (1913-1920), Franklin Roosevelt reminded many people of TR. He advocated a big Navy, preparedness, a strong presidency, and an active foreign policy. In 1917 he enthusiastically supported war against Germany, and in 1918 he took pleasure in visiting the front in Europe. Sometimes he clashed with Daniels, a progressive with pacifist leanings. But Daniels was tolerant of his subordinate. The secretary appreciated Roosevelts dexterous handling of admirals, departmental employees, and labor unions, which were active in naval yards, and his opposition to the collusive bidding and price-fixing practiced by defense contractors. FDRs years of service as assistant secretary gave him administrative experience and a host of contacts in Washington and the Democratic party. In 1928, Roosevelt vaulted suddenly to national prominence. After helping Smith get the presidential nomination, he set off for Warm Springs, where he looked forward to weeks of therapy. But Smith urgently needed a strong gubernatorial candidate on the Democratic ticket in New York, and he pressured Roosevelt into running. Smith lost the election to Herbert , the Republican presidential candidate, who carried New York by 100,000 votes. Roosevelt, more popular upstate than Smith, successfully bridged the urban-rural gap in the Democratic party and beat his opponent, state Attorney General Albert Ottinger, by 25,000 votes. It was a striking triumph in an otherwise Republican year. During his two terms, Governor Roosevelt battled a Republican legislature for many progressive measures. These included reforestation, state-supported old-age pensions and unemployment insurance, legislation regulating working hours for women and children, and public development of electric power. He named skilled people to important positions, including James Farley, a New York City contractor, as chairman of the state Democratic Committee; Frances Perkins, a social worker, as state industrial commissioner; and Samuel Rosenman, an able young lawyer, as his speech writer and counsel. All became important aides during Roosevelts presidency. In 1931, when the Depression was serious, Roosevelt became the first governor to set up an effective state relief administration. Harry Hopkins, a social worker who later served as his closest adviser in Washington, directed it. In a series of fireside chats Governor Roosevelt also proved a persuasive speaker over the new medium of radio. He was reelected in 1930 by 750,000 votes, the largest margin in state history. By March 4, 1933, when Roosevelt was inaugurated at the age of 51, the economic situation was desperate. Between 13 and 15 million Americans were unemployed. Of these, between 1 and 2 million persons were wandering about the country looking for jobs. Hundreds of thousands squatted in tents or ramshackle dwellings in Hoovervilles, makeshift villages on the outskirts of cities. Panic-stricken people hoping to rescue their deposits had forced 38 states to close their banks. .udf80d8a6e7e5596686b663ecf4e9086f , .udf80d8a6e7e5596686b663ecf4e9086f .postImageUrl , .udf80d8a6e7e5596686b663ecf4e9086f .centered-text-area { min-height: 80px; position: relative; } .udf80d8a6e7e5596686b663ecf4e9086f , .udf80d8a6e7e5596686b663ecf4e9086f:hover , .udf80d8a6e7e5596686b663ecf4e9086f:visited , .udf80d8a6e7e5596686b663ecf4e9086f:active { border:0!important; } .udf80d8a6e7e5596686b663ecf4e9086f .clearfix:after { content: ""; display: table; clear: both; } .udf80d8a6e7e5596686b663ecf4e9086f { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .udf80d8a6e7e5596686b663ecf4e9086f:active , .udf80d8a6e7e5596686b663ecf4e9086f:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .udf80d8a6e7e5596686b663ecf4e9086f .centered-text-area { width: 100%; position: relative ; } .udf80d8a6e7e5596686b663ecf4e9086f .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .udf80d8a6e7e5596686b663ecf4e9086f .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .udf80d8a6e7e5596686b663ecf4e9086f .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .udf80d8a6e7e5596686b663ecf4e9086f:hover .ctaButton { background-color: #34495E!important; } .udf80d8a6e7e5596686b663ecf4e9086f .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .udf80d8a6e7e5596686b663ecf4e9086f .udf80d8a6e7e5596686b663ecf4e9086f-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .udf80d8a6e7e5596686b663ecf4e9086f:after { content: ""; display: block; clear: both; } READ: The Metamorphosis EssayFrom the beginning, Roosevelt tried to restore popular confidence. The only thing we have to fear, he said in his inaugural address, is fear itselfnameless, unreasoning, unjustified terror. He added that he would not stand by and watch the Depression deepen. If necessary, he would ask the Congress for the one remaining instrument to meet the crisisbroad executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe. He then closed the rest of the banksdeclaring a bank holidayand called Congress into special session. His first legislative requests were conservative. He began by securing passage of an emergency banking bill. Instead of nationalizing the banksas a few reformers wishedit offered aid to private bankers. A few days later the president forced through an Economy Act that cut $400 million from government payments to veterans and $100 million from the salaries of federal employees. This deflationary measure hurt purchasing power. FDR concluded his early program by securing legalization of beer of 3.2% alcoholic content by weight. By the end of 1933, ratification of the 21st Amendment to the U. S. had ended prohibition altogether. His relief program was more far-reaching. A series of measures took the nation off the gold standard, thereby offering some assistance to debtors and exporters. He also got Congress to appropriate $500 million in federal relief grants to states and local agencies. Harry Hopkins, who headed the newly created Federal Emergency Relief Administration, quickly spent the money. By early 1935 he had supervised the outlay of $1.5 billion more in direct grants, and in work relief under the Civil Works Administration (CWA) of 1933-1934. In 1933, Congress also approved funding for the Civilian Conservation Corps (CCC), the Home Owners Loan Corporation (HOLC), and the Public Works Administration (PWA). The CCC eventually employed more than 2.5 million young men on valuable conservation work. The HOLC offered desperately needed assistance to mortgagors and homeowners. The PWA, while slow to act, ultimately pumped billions into construction of large-scale projects. Though left-wing critics demanded higher appropriations, most Americans were grateful for these measures. The relief programs of them gave hope to the have-notsblacks and the unemployedand did much to restore confidence in the government. FDR placed his hopes for economic recovery in two agencies created in the productive 100 Days of the 1933 special session of Congress. These were the National Recovery Administration (NRA) and the Agricultural Adjustment Administration (AAA). The NRA encouraged management and labor to establish codes of fair competition within each industry. These codes outlined acceptable pricing and production policies and guaranteed labor the rights of collective bargaining, minimum wages, and maximum hours. The AAA focused on raising farm prices, a goal to be achieved through the setting of production quotas approved by farmers in referenda. Once the quotas limiting production were established, farmers who cooperated would receive subsidies. After a promising start the NRA lost its effectiveness. Union spokesmen grumbled that the courts undercut the labor guarantees. Progressives complained that the NRA exempted monopolies from antitrust prosecution. Small businessmen protested that the codes favored large corporations. Some employers were slow to sign the codes, and others evaded them. If the PWA and other spending agencies had moved more quickly to promote purchasing power, these liabilities might not have been serious. As it was, the PWA was slow to spend its funds, hard times persisted, and evasion spread. Well before the Supreme Court declared the agency unconstitutional in May 1935, the NRA had failed in its aims of sponsoring government-business cooperation and promoting recovery. The AAA was a little more successful. Agricultural income increased by 50% in Roosevelts first term. Some of this increase, however, was attributable to terrible droughts. These, ruining thousands of farmers in the Great Plains, caused cuts in supply and contributed to higher prices for crops produced elsewhere. AAA acreage quotas also led some landlords to evict tenants from their lands. Moreover, as the AAA improved farm prices, it forced consumers, millions of whom lacked adequate food and decent clothing, to pay more for the necessities of life. Roosevelt, it seemed, was fighting scarcity with more scarcity. These early measures displayed Roosevelts strengths and weaknesses as an economic thinker. On the one hand, he showed that he was flexible, that he would act, and that he would use all his executive powers to secure congressional cooperation. Frequent press conferences, speeches, and fireside chatsand the extraordinary charisma that he displayed on all occasionsinstilled a measure of confidence in the people and halted the terrifying slide of 1932 and 1933. These were important achievements that brought him and his party the gratitude of millions of Americans. FDR also refrained from large-scale deficit spending or from tax policies that would have redistributed income. Purchasing power, essential to rapid recovery, therefore failed to increase substantially. Roosevelt, a practical political leader and a moderate in economics, helped preserve capitalism without significantly correcting its abuses or ending the Depression. In 1935, Roosevelt turned slightly to the left. He sponsored bills aimed at abolishing public-utility holding companies, at raising taxes on the wealthy, and at shifting control of monetary policy from Wall Street bankers to Washington. When Congress balked, Roosevelt compromised. The bills revealed Roosevelts loss of faith in government-business cooperation. They helped undercut demagogues like Sen. Huey Long (D-La.), who was agitating for tougher laws against the rich. But they did not signify a commitment to radical, antibusiness policies. While these struggles were taking place, Roosevelt worked successfully for three significant acts passed in 1935. One, a relief appropriation, led to creation of the Works Progress Administration (WPA). The WPA disbursed some $11 billion in work relief to as many as 3.2 million Americans a month between 1935 and 1942. The second measure, the Wagner Act, set up the National Labor Relations Board (NLRB), which effectively guaranteed labor the right to bargain collectively on equal terms with management. In part because of the Wagner Act, in part because of overdue militance by spokesmen for industrial unionism, the labor movement swelled in the 1930s and 1940s. The third reform was social security. The law provided for federal payment of old-age pensions and for federal-state cooperation in support of unemployment compensation and relief of the needy blind, of the disabled, and of dependent children. The act, though faulty in many ways, became the foundation of a partial welfare state with which later administrations dared not tamper. Controversy disrupted the presidents second term. His troubles began in February 1937, when he called for a court reform plan that would have permitted him to add up to six judges to the probusiness U.S. Supreme Court. The courts conservative majority had angered FDR by declaring some New Deal legislation, including the NRA and AAA, unconstitutional. Congress, reflecting widespread reverence for the court, refused to do his bidding. At the time, militant workers staged sit-down strikes in factories. Though Roosevelt opposed the sit-downs, conservatives were quick to blame him for the growing activism of organized labor. In the fall of 1937 a sharp recession, caused in large part by cuts in federal spending earlier in the year, staggered the country. Taken aback, Roosevelt waited until the spring of 1938 before calling for increased federal spending to recharge purchasing power. His procrastination revealed again his reluctance to resort to deficit spending. .u1e2d51a312b25f85eda0f7a9601386e9 , .u1e2d51a312b25f85eda0f7a9601386e9 .postImageUrl , .u1e2d51a312b25f85eda0f7a9601386e9 .centered-text-area { min-height: 80px; position: relative; } .u1e2d51a312b25f85eda0f7a9601386e9 , .u1e2d51a312b25f85eda0f7a9601386e9:hover , .u1e2d51a312b25f85eda0f7a9601386e9:visited , .u1e2d51a312b25f85eda0f7a9601386e9:active { border:0!important; } .u1e2d51a312b25f85eda0f7a9601386e9 .clearfix:after { content: ""; display: table; clear: both; } .u1e2d51a312b25f85eda0f7a9601386e9 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u1e2d51a312b25f85eda0f7a9601386e9:active , .u1e2d51a312b25f85eda0f7a9601386e9:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u1e2d51a312b25f85eda0f7a9601386e9 .centered-text-area { width: 100%; position: relative ; } .u1e2d51a312b25f85eda0f7a9601386e9 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u1e2d51a312b25f85eda0f7a9601386e9 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u1e2d51a312b25f85eda0f7a9601386e9 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u1e2d51a312b25f85eda0f7a9601386e9:hover .ctaButton { background-color: #34495E!important; } .u1e2d51a312b25f85eda0f7a9601386e9 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u1e2d51a312b25f85eda0f7a9601386e9 .u1e2d51a312b25f85eda0f7a9601386e9-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u1e2d51a312b25f85eda0f7a9601386e9:after { content: ""; display: block; clear: both; } READ: Christopher Columbus EssayThese developments in 1937 and 1938 severely damaged his standing in Congress, which had grown restive under his strong leadership as early as 1935. In FDRs second term, therefore, the lawmakers proved cooperative only long enough to approve measures calling for public housing, fair labor standards, and aid to tenant farmers. None of these acts, however, was generously funded or far-reaching. Meanwhile, Congress cut back presidential requests for relief spending and public works. After Republican gains in the 1938 elections, a predominantly rural conservative coalition in Congress proved still more hostile. Henceforth it rejected most of the urban and welfare measures of Roosevelts administrations. Cordell Hull of Tennessee served as secretary of state from 1933 to 1944, but Roosevelts desire to engage in personal diplomacy left Hull in a reduced role. In 1933 the presidents bombshell message to the London Economic Conference, saying that the United States would not participate in international currency stabilization, ended any immediate hope of achieving that objective. In the same year he extended diplomatic recognition to the USSR, still a relative outcast in world diplomacy. Roosevelt and Hull worked smoothly in behalf of reciprocal trade agreements and in making the United States the good neighbor of the Latin American. By the mid-1930s dictatorial regimes in Germany, Japan, and Italy were casting their shadows across the blank pages of the future. In 1936, in his speech accepting renomination as president, Roosevelt had said, This generation of Americans has a rendezvous with destiny. By 1938, Roosevelt was spending in creasing amounts of time on international affairs. Until then he had acquiesced in congressional neutrality acts designed to keep the United States out of another world war. Roosevelt did not share the isolationist sentiments that lay behind such legislation. But he hoped very much to avoid war, and he dared not risk his domestic program by challenging Congress over foreign policy. For these reasons he was slow to warn the people about the dangers of German fascism. Germanys aggressiveness in 1939 forced Roosevelt to take a tougher stance. Early in the year he tried unsuccessfully to secure revision of a neutrality act calling for an embargo on armaments to all belligerents, whether attacked or attacker. When Hitler overran Poland in September and triggered the formal beginning of World War II, Roosevelt tried again for repeal of the embargo, and succeeded. In 1940 he negotiated an unneutral deal with Britain whereby the British leased their bases in the Western Hemisphere to the United States in return for 50 overaged American destroyers. Roosevelt also secured vastly increased defense expenditures, which brought about domestic economic recovery at last. But he still hoped to keep out of the war and to appease the anti-interventionists in Congress. Thus he remained cautious. To protect the supplies against German submarines, U.S. destroyers began escorting convoys of Allied ships part way across the Atlantic. In the process the destroyers helped pinpoint the location of submarines, which Allied warships duly attacked. Roosevelt did not tell the people about Americas unneutral actions on the high seas. When a German submarine fired a torpedo at the American destroyer Greer in September 1941, he feigned surprise and outrage and ordered U. S. warships to shoot on sight at hostile German ships. By December the United States and Germany were engaged in an undeclared war on the Atlantic. Most historians agree that Hitler was a menace to Western civilization, that American intervention was necessary to stop him, and that domestic isolationism hampered the presidents freedom of response. But they regret that Roosevelt, in seeking his ends, chose to deceive the people and to abuse his powers. Historians also debate Roosevelts policies toward Japan, whose leaders were bent on expansion in the 1930s. Hoping to contain this expansion, the president gradually tightened an embargo of vital goods to Japan. He also demanded that Japan halt its aggressive activities in China and Indochina. Instead of backing down, the militarists who controlled Japan decided to fight, by attacking Pearl Harbor in Hawaii on Dec. 7, 1941, and by assaulting the East Indies. These moves left no doubt about Japans aggressive intentions. In asking for a declaration of war, the president called December 7 a date which will live in infamy. He brought a united America into World War II. By December 11, the United States was at war with Germany and Italy. Some historians argue, however, that Roosevelt should not have been so unbudging regarding the integrity of China and Indochina, which lay outside Americas national interestor power to protect. If Roosevelt had adopted a more flexible policy toward Japan, he might have postponed a conflict in Asia at a time when war with Hitler was about to erupt. Roosevelts military policies also provoked controversy. In 1941 critics blamed him for leaving Pearl Harbor unprepared. Extremists even claimed that he invited the Japanese attack in order to have a pretext for war. In 1942 liberals complained when he cooperated with Jean Darlan, the Vichy French admiral who until then had been collaborating with the Axis, in planning the Allied invasion of North Africa. In 1943, FDRs opponents grumbled that his policy of unconditional surrender for the enemy discouraged the anti-Hitler resistance within Germany. Other critics complained that he relied too heavily on strategic bombing. His own generals were angry because he postponed the second front against Hitler until June 1944. Such delay, critics added later, infuriated the Soviet Union, which had to carry the brunt of the fighting against Hitler between 1941 and 1944, and sowed the seeds of the Cold War. Some of these criticisms were partly justified. Poor communications between Washington and Hawaii helped the Japanese achieve surprise at Pearl Harbor. Dealing with Darlan was probably not necessary to ensure success in North Africa. Strategic bombing killed millions of civilians and was not nearly so effective as its advocates claimed. The delay in the second front greatly intensified Soviet suspicions of the West. But it is easy to second-guess and to exaggerate Roosevelts failings as a military leader. The president neither invited nor welcomed the Pearl Harbor attack, which was a brilliantly planned maneuver by Japan. He worked with Darlan in the hope of preventing unnecessary loss of Allied lives. Unconditional surrender, given American anger at the enemy, was a politically logical policy. It also proved reassuring to the Soviet Union, which had feared a separate German-American peace. Establishing the second front required control of the air and large supplies of landing craft, and these were not assured until 1944. In many of these decisions Roosevelt acted in characteristically pragmatic fashionto win the war as effectively as possible and to keep the wartime alliance together. In these aims he was successful. By 1945, Roosevelt was 63 years old. The events early in that year added to the strains on his heart, and on April 12, 1945, he died suddenly at Warm Springs, Ga. Three days later he was buried at Hyde Park. Despite his limitations, he had been a strong, decent, and highly popular president for more than 12 years. Category: Biographies

Essay Sample on Criminal Law and Procedure

Essay Sample on Criminal Law and Procedure Criminal law and procedure essay: In recent years, criminal procedure place the weight of evidence for the prosecution, meaning it is the work of the prosecution side to attest that the defendant is accountable over any rational uncertainty. This is in contrast to having the defendant attest that he/she is blameless, and all uncertainties determined in support of the defendant. The law also permits the defendant the freedom to legal advocate and any defendant who cannot afford a lawyer provided with one by the government. The common rule in law commands that crucial prove is acceptable unless the law recommends otherwise. Hearsay and rumors not considered as evidence unless the defendant admits of uttering the words claimed against him. Any information attained unlawfully to be used as evident was dismissed to be termed as valid evidence in a court of law. The authority to prohibit unlawful evidence in Australia is entirely under the common law and on statutory requirements. Its trite law that in criminal proceeding of all jurisdiction that a person is innocent till proven guilty. The burden of proof of all criminal cases lies on the prosecution. The proposed amendments to the Uniform Evidence Act of 1995 are to the effect that, in cases where a person is accused of offences against the person or property, and such person had a number of three previous convictions of similar offences, such evidence of conviction may be adduced in court against the person. In my opinion if such an amendment is allowed, it would automatically result to a miscarriage of justice in the courts of Australia. Such an amendment also seriously undermines the principle of presumption of innocence and creates suspicion as to the innocence of the accused, as noted in the case of Perry v R 1982 44 ALR. In 1982 the defendant was tried and convicted of attempting to murder her husband by poison. The prosecution evidence against the defendant was that; not only did her husband suffer arsenic and lead poisoning while living with her, and that she was a beneficiary of an insurance policy on her late husband, there were three other people had also died over the past eighteen years, residing together with Ms. Perry, from a result ingesting harmful substances. The defendant was convicted and upon Appeal the Australian High Court squashed the conviction on the grounds that the deaths of the three other people should not have been allowed in court. Evidence of previous convictions is among the types of evidence that are not admissible in a criminal trial in Australia. These kinds of evidence are not admissible, not because there is proof that the evidence being adduced is faulty or amounts it to a falsehood; but for different reasons depending on the situation. A good example is hearsay and rumors not considered as evidence unless the defendant admits of uttering the words claimed against him. Illegally obtained evidence is also another example of evidence not admissible in a court in South Whales and it’s environs The authority to prohibit unlawful evidence in Australia is entirely under the common law and on statutory requirements.3 Opinions of persons not deemed to be experts in a particular field are not admissible as evidence in any Australian court. Further, there is privileged evidence, for example information shared between a lawyer and his client, or that between a priest and a penitent during confession, which is not admissible in a court of law on account of it being privileged. Confessions that are made under duress are also not admissible in a court of law. There is also a category of evidence that the court finds admissible without much qualification. This includes direct evidence, which is mainly based on the witness’ personal observation which if it is true, proves a certain fact given by either team. Circumstantial evidence is evidence that gives an inference that a particular fact exist. Corroborating evidence is also another class of evidence readily admissible. Its main purpose is to strengthen initial evidence submitted. Demonstrative evidence is any physical exhibit that can be examined by the jury, while forensic evidence is evidence gathered and studied with the help of science and other specialized methods. The proposed amendment to the evidence act, amounts to what the law terms as prejudicial evidence. These are the kind whose prejudicial effect would over lap its probative value, which by the rule in the case of R v Christie (1904) AC 545 is not admissible. A criminal trial entails serious offences against the state, and when the accused is facing the court of law, the trial is majorly characterized by the presence of a jury. The defendant is presented with the circumstance of the case in hand and is asked to take a plea to the extent that he agree or disagrees with the charges as read to him. If he agrees to the claims the judge immediately gives a verdict in accordance with the law but if the accused denies he is guilty a case trial then begins. The prosecutor begins by addressing the jury stating clearly the case in hand against the defendant. Witnesses are then cross-examined by both the prosecutor and the defendant’s representative. When all proof has been represented in the court room the prosecutor and the defendant side presents their final arguments to the court room and precisely to the jury, the judge then offers clearance of how the law applies to the evidence and the case as a whole. The jury is then provided with some privacy, to discuss at length the matter in hand so that substantial verdict can be made. If the jury finds the accused not guilty, the person left free, however if found guilty then the judge with a task of giving sentence to the accused who then becomes a prisoner. It is clear that the work of the jury is to examine the factual points of the case and their correctness, while the judge focuses on the points of law. Statutory law provides for rules of collecting of evidence in criminal trial and the procedure to be taken. In case of points that are in contention in a criminal trial, a lawful procedure must be followed by both parties where one party provides evidence to influence the court in his/her favor. The law establishes strategies used to ensure that the evidence offered in court can be termed as truthful. Statutory law controls the use of proof whether written or oral and demonstrations in court proceedings as evidence to the case presented. The common law provides for judicial diplomacy in cases where the evidence provided is not valid enough or is irrelevant section 137 of the common law was expected to give a realistic means of not including expert outlook evidence of indefinite dependability, nevertheless this has not been so, because section 137 of the uniform evidence law states that; â€Å"In a criminal proceeding, the court must refuse to admit evidence adduced by the prosecutor if its probative value is outweighed by the danger of unfair prejudice to the defendant† The suggested amendments being allowed on the onset of trial shift the mindset of the jury, as they assume the guilt and not the innocence of the accused person. Therefore the whole process is then geared towards proving that the accused person is innocent of the alleged crimes, putting the burden on the defence. This would totally distort whatever pillars of ensuring absolute deliverance of justice our fore-fathers put in place and consequently amounting to the accused person being denied the right to a fair trial, a right entrenched in our constitution. The other reason that for not allowing previous conviction as evidence is that, the jury may be tempted to assume that the way a person behaves in the past, creates a pattern of his behaviour and that they are more likely to act in the same manner. Also, the jury may use this evidence to proof mens rea of the accused person. Clearly, this by inference would mean that bad character evidence is now admissible in the court of law. In the case of Perry v R 1982 44 ALR Murphy J states that, â€Å"common conjecture about improbability of series of events are often wrong†. He goes further to state that if the accused is associated with a sequence of deaths, injuries or losses, a jury may too readily infer that the association is unlikely to be innocent; an assumption that could be wrong under a particular circumstances. Another rationale for excluding evidence of previous conviction is that, as fate would have it, the facts of the other instances of misconduct may cause a jury to be biased against the accused person. The case of R v Bond (1906) 2 KB 389 Kennedy J noted that once the evidence of previous convictions was admitted it would require herculean efforts by the jury of the time to regard the accused person as other than a person of depraved character whose uncorroborated evidence, whether or not he was guilty, could not be acted upon except where supported the prosecution case. However, in law, there are exceptions to every rule. The evidence act provides that it is Legitimate for the crown to there is legitimate for the Crown to adduce similar fact evidence against the accused and if that accused chooses to testify, then it is also legitimate for the Crown to cross examine that accused about that similar fact evidence. The types of questions are required leave of court. Conclusion In accordance to the proposed reforms, to be made in criminal law and procedure the propositions presented are in agreement with what has been in existence for years. In presenting evidence in a court of law, various rules have to be considered, and the law has to be followed to the core. Both parties have to be conversant with the requirements of the law concerning the matter in hand. For instance, evidence provided must be relevant and non-offensive to the defendant. Maintenance of the evidence must also be followed to the core in case a trial case is expected to take longer. The evidence must not be tampered with, and high security has to be provided to the evidence presented. Expert evidence must conform to the common law requirements to ensure the jury presented with the necessary evident and not being confused by the expert, to alter with their judgment. Trial judges are sometimes victims of a specialist who try to confuse the judges’ assessment and the judge is therefore required by the law not to confuse the jury when analyzing the expert analysis of the case in hand. Secondary authority also plays a significant part in ensuring the criminal law and procedure process of presenting evidence conforms to the rule of law. Therefore, the amendments to be made on criminal law and procedure about the evidence subject should be carried out as the law tries to protect the defendant until proven guilty beyond reasonable doubt. If special care is not taken, and the amendments approved, it would lead to the erosion of the principle of presumption of inno cence and thus harming innocent citizens which is more dangerous that failing to punish particular criminals. It would lead to conviction of innocent accused persons who did not commit the alleged crimes, which counters the measure of criminal justice system, one which whose aim is to secure convictions of the guilty in order to facilitate their rehabilitation process.. These results to a pervasion of justice, one in which in this case would have been allowed by a commission for reforms whose main purpose are to be custodians of justice. One way to ensure the above scenario is avoided would be to not allow for the proposed reforms to go through. Perhaps the agenda should be to tight the noose of justice to ensure that rules of evidence and the letter of the law is adhered to in order to avoid situations where intentions of a certain law are not fulfilled.

Law Essay Example | Topics and Well Written Essays - 1500 words - 3

Law - Essay Example WebCT is NOT an electronic source of law. 1. Leeds University-UK Law Online 2. The Law Commission Reforming the Law Website From the information above, and/or from other sources, compile a preliminary bibliography for your essay. (You can add to this later, but for now your list should be in alphabetical order, and contain at least four items). Duhaime's online legal dictionary-P 2004. Retrieved January 2, 2007, from http://www.duhaime.org/dictionary/dict-p.aspx Holland, J & Webb, J 2004, Learning Legal Rules: A Student's Guide to Legal Method and Reasoning, 6th edition, Oxford University Press, Oxford, UK. Leeds University 1998, The sources of the legal system, Retrieved January 2, 2007, from http://www.leeds.ac.uk/law/hamlyn/sls.htm The Law Commission 2001, Double jeopardy and prosecution appeals, Retrieved January 2, 2007, from http://www.lawcom.gov.uk/docs/lc267.pdf Give two examples of how you cited/will cite one of the sources you have referred to above (either as a footnote or an endnote). 1. The legal definition of precedent will be utilized as a footnote as follows: Retrieved January 2, 2007, from http://www.duhaime.org/dictionary/dict-p.aspx 2. The sources of Law will be examined utilizing the information present on the information on precedence located at the Leeds University-UK Law Online website. The footnote for that reference will be as follows: Retrieved January 2, 2007, from http://www.leeds.ac.uk/law/hamlyn/legalsys.htm In the space below, produce a preliminary plan for your essay. (You might consider using some or all of the following headings. The headings should not be used in your final essay - they are to help you plan only). You could... Since I am new to the study of law, I searched for introductory legal books. The book entitled "Learning Legal Rules: A Student's Guide to Legal Method and Reasoning" is one that comes highly recommended and is an excellent source of basic information on which I can build a strong foundation for my continued study of law. Additionally, it is the book that I utilize for my seminars. From the information above, and/or from other sources, compile a preliminary bibliography for your essay. (You can add to this later, but for now your list should be in alphabetical order, and contain at least four items). 2. The sources of Law will be examined utilizing the information present on the information on precedence located at the Leeds University-UK Law Online website. The footnote for that reference will be as follows: - Main arguments-Precedence is used in all areas of law. It ensures consistency in the laws of different jurisdictions and also shows reasonable development in law. It presumes equal treatment of all under the law and once precedence has been set it is used as a means of simplifying the judicial process while maintaining equality under the law. Essentially, it prevents a reinvention of the wheel. A precedent as utilized in legal lexicon

How does the picture of the Catilinarian conspiracy differ between Essay

How does the picture of the Catilinarian conspiracy differ between Cicero and Sallust To what do you attribute these differences - Essay Example But the plot was unearthed followed by the execution of five conspirators, and this revelation compelled Catiline to escape from Rome. Many historians and political experts of the age have presented vivid accounts of Catiline’s life and his famous conspiracy. But of all these, the accounts put forward by Cicero and Sallust stand out in terms of their vivid details, eloquent language and authenticity of information. Marcus Tullius Cicero  was one of the greatest philosophers and prose writers of Rome. Apart from his accomplishments in the sphere of oration and his career as a lawyer, one of his major achievements was his political career. It was in the course of his political career as a consul that the  Second Catilinarian Conspiracy occurred. However, the  attempt to overthrow the Roman government through an external attack was foiled and the ensuing revolt was supressed at that time largely due to the efforts of Cicero. Subsequently, he acquired a Senatus Consultum Ultimum and delivered four fervent speeches against Catiline for his treachery against the Republic. These speeches, collectively known as the Catiline Orations, are classified as rare specimens of an extraordinary rhetorical style. The speeches revealed the truth about the depravity and corruption practised by Catiline and his followers, while denouncing them for extending their support and sympathy to a treacherous rogue l ike Catiline. The acerbic and sardonic tone of the speeches was effective enough to drive Catiline and his followers out of the city. The speech was delivered at the Temple of Jupiter Stator, and was directly addressed to Catiline. The rhetoric was so powerful that Catiline was forced to leave the senate midway during the course of Cicero’s speech. The subsequent speeches, that yielded more evidence against Catiline, were addressed to the people and the senate. Cicero’s first speech was relatively short and precise. It was remarkable for its opening remarks

Shakespeare Essay Example | Topics and Well Written Essays - 250 words - 2

Shakespeare - Essay Example Shakespeare moved to London in around 1590 and by 1592, his plays and ability as a playwright were already being recognized and handsomely rewarded all over London. During this period of 1590s, his plays became famous all over London and this made his wealthy through investments and purchases. The wealthy and lavish life of London made most of his work contain issues of social class and its effects on society in general and hence this marked the theme for almost all his literary works (Bradbrook, 2005). The contents of the literature and art in Europe gave a reflection of different issues in society. This is true for example in the literary works of Karl Marx which discussed political and economic ideologies through his books and other works and gave a reflection of what was happening in Europe at the moment and what could be done about it. Other art works like paintings also gave reflection of the different events in the different eras. This was also true for plays like those by Shakespeare which gave an understanding of the society’s division through social status and even the religious issues happening in the society during those times (Arendt, 2007). Through these various art and literature which gave a reflection of Europe, people are able to understand and deduce what was happening and even the cause of such

Ethics of Freezing and Buying Eggs

Ethics of Freezing and Buying Eggs $15,000 baby is a very interesting case to consider for me, I have a lot of personal feelings on this and I am going to try and set aside some of them in order to have a fresh perspective, I do however, see myself being very bias on this topic to begin with so I apologize ahead of time and also you may learn some stuff about me in this paper. As far as the specific benefit of freezing eggs, I do not think this is a benefit health care organizations should consider offering in any way. First, I think it is going to be too costly to provide for females who actually want the procedure done.   Second, I dont think many women will bite on this offer, especially since there is such a low chance of actually conceiving this way. If you look at age alone, and IVF, the rates get lower as they get older as chances of conception anyhow. Looking only at the IVF treatments that used fresh embryos from non-donor eggs, the number of women under the age of 35 who gave birth using IVF was about 40%, compared with only 31% for women between the ages of 35 and 37. Only 3.9% of 42-year-olds got pregnant as a result of IVF treatment. (Christensen, 2014) I think it is a wasted benefit when there are other focuses in this area that could be used as a benefit. I do think that adding in benefits for working moms to stay home longer would be great, or adoption assistance for those who cant get pregnant at all or even IVF for those who struggle to get pregnant. To make this a little personal I will go into a little detail about myself and struggles with infertility. I was married for five years to an Australian guy prior to my current relationship. We had tried four of the five years attempting to get pregnant. It ultimately ended our relationship. After numerous fertility specialist and thousands of dollars we found out it was the combination of the two of us together. So we looked into the next step of having kids, which for us, was IVF. Not only did our insurance not cover IVF t hey did not cover any of the fertility specialist either. So we decided to go the adoption route which also was out of pocket. We agreed that our genes werent so superior that we had to make a baby in a test tube when there were so many kids out there needing homes. The last class we took as a requirement for adoption my ex-husband decided that not only did he not want to adopt, he was also done with the relationship. Obviously it was not meant to be and I am in the best place ever due to that decision and I have no regrets of any of it, I have an amazing 7-month old baby now and things worked out how they were supposed to. However, that struggle to me is all too real. I will never understand this being a benefit and a possibility and not infertility specialist, IVF, adoption, etc. I do know there are companies that exist that do have some of these benefits. Which is fantastic. However, the ones offering this benefit in my eyes it benefits only one person and that is the company. Th ey are offering to give women the opportunity to focus on their career rather than a family to benefit the company themselves. So they dont have to worry about maternity leave from top performers or women quitting and never coming back. I can understand the administrative perspective of this and I try to look at it with an open mind and without emotional thinking. However, I come back to the point that if they are so willing to help women extend their age of mom hood but not willing to assist in them becoming a mom in other ways then it really is not a benefit for women, especially the majority of women. If the DHHS mandates these benefits I think the impact on businesses would be significant. First, it is going to be very costly. The act of IVF alone is around $10,000 for one try and there are numerous couples who would take full advantage of this opportunity. The average cost of one IVF treatment in the United States is $12,400, and thats without the extra medicines the couple may need, according to the American Society of Reproductive Medicine. Often, couples will need more than one treatment to conceive. (Christensen, 2014) If they take advantage of the opportunity the next step would be the amount of women able to get pregnant now that were not before, taking maternity leave and possibly even quitting the job field. The benefits to egg freezing however, would be very beneficial to a lot of companies. Especially for the women who are go-getter, company changing, innovative game changers for the companies. They would hate to put a stall in that or have them change or even worse, r esign for mother hood. I can tell you from personal experience that so far in my childs 7 months of life, my way of thinking is completely different. Not even just on an emotional or logical sense but in the way that my brain literally does not function the way it did before. I feel clouded, slow to speak instead of witty as I was before, distracted, exhausted, etc. My brain literally does not work as quick and I feel foggy at times as if I have dumbed down. I had heard the term pregnancy brain on and off again throughout my pregnancy but then found out that it really kicks in after you have had a baby and you are only getting 3-4 hours of sleep a night total for even the first 7 months. I learned though that this tends to wear off and go away after a year, and some of it sticks forever. With all of that said, women having babies in a position of power or innovation, could cause unanticipated negative effects for the company they work for. So I can understand wanting to put off moth erhood until your career is well established and thriving. There would also be an impact on the health care industry here. The cost of these procedures are high, but if the companies are paying for them to begin with it will cause a drive in the amount of people seeking theses services, therefore, supply and demand changes and maybe the cost of these services may eventually go down. We would also have more women having babies. doctors at these clinics performed 165,172 procedures, including IVF, with 61,740 babies born as a result of those efforts in 2012. (Christensen, 2014) The impact on federally mandated paid family leave, FMLA would be very expensive. People use FMLA every day. At any given time, 10.7% of the U.S. workforce is on FMLA leave. Thats right, according to FMLA Sources analysis, one in every 10 employees is taking FMLA leave right now. And thats the average in some industries the number is far greater. For example, in health care organizations and call centers, the number of people on FMLA leave at a given time is as much as 30%. (Schappel, 2015) If you put that in numbers, specifically the health care system it would ultimately go bankrupt and be nonexistent. It would change the way FMLA is given out in the healthcare industry as well. I think right now physicians are very lenient on signing FMLA paperwork because it has no detrimental effect on them in anyway. However, once it becomes a monetary thing, the companies could begin to look into suing physicians for giving FMLA when it is not needed. I think it will also cause a huge uproar for companies in the matter of having to payout FMLA for things that could have been prevented, i.e. type two diabetes, lung cancer from cigarettes, pregnancy, etc. This may cause companies and the health care industry to make prophylactic care even more of a priority than it already is. There are lot of ethics involved here for everyone in the party. I read an article written for NY times that points out a lot of valid arguments as to why it could be unethical to provide this benefit to women. First, stimulating womens ovaries and retrieving eggs is a two-week medical process that is not without medical risk. Offering or promoting it to women who may never need it should be done cautiously. Employers may have the best of intentions, but no woman should undergo a medical procedure without thorough, informed consent obtained through discussion with a genuinely objective medical professionalà ¢Ã¢â€š ¬Ã‚ ¦ there are other costs, including annual storage fees. these smart, young, fertile workers share a lot of characteristics with ideal egg donors. Ultimately, these unneeded eggs may end up on the market. And if you dont work for Apple or Facebook, want to preserve your fertility and need to find a way to pay for it, you might be offered an egg-sharing option. All of th is may be tempting for women, employers and doctors alike, but it raises serious ethical, informed consent and conflict of interest issues. (Crockin 2014) As she says, there are some serious risk in doing this, plus the outcomes really are not all that promising. So ethically you are putting women at higher risk doing this method with a promise of a baby later in life when realistically the chance is only at 30% that they become pregnant. So you are setting in a false hope into women who eventually want to parent, they count on you to provide these services so they can wait to be moms and then the time comes they choose to become a parent and their egg is no good or doesnt take any of the times and then they have no child after all. This can all be pinpointed back to the employer for enticing them to begin with. As a CEO I would seriously consider the want for this benefit, even if I disagree with it. Some of the things I would be looking at and considering are the percentage of women requesting it. If it is such a small amount of request that the impact wont hurt or help either way, I would deny the coverage and request a meeting explaining why I denied it as a coverage but offer up a savings plan in place that the company would be willing to match up to a certain percentage of the savings this way all employees would benefit from something rather than one expensive benefit given out to select few. If numerous women were interested in this process, I would figure out the cost to our company if 100% took advantage and make my decision from there. I would have to decide if it is detrimental to have in order to keep the women requesting this as well as if it would attract new employees who are also looking for this sort of benefit.   Overall, the benefit to me appears to be an overkill. There are numerous benefits out there that can be given that would help more people and be less expensive. If it is just to be innovative and make it on the news for the uniqueness that is for each company to decide. I just do not see much of a benefit here overall for employees and even the employers. What is the purpose for new employee orientation?   What are the essential components of an effective orientation program? What was the training and orientation you received in your most recent job?   What changes would you propose to your supervisors and how will you communicate these? If you were to design an orientation from scratch for your employer, what would you include? Why? New employee orientation is designed to help new employees develop a basic understanding and skill set of the company they were hired within. This covers everything from basic policies to individualized task and job description duties. 25 percent of companies admitted that their onboarding program does not include any form of training, which leads to a loss of 60 percent of a companys entire workforce. Without a substantial and effective training program in a new employee onboarding effort, disappointments will result relative to performance and other profit hindering factors. (Kime, 2015) The essential components of an effective orientation program according to Albert Brannen are; Compliance with government rules, information about the employers mission, core values and culture, information about the employers benefits, information about critical employer policies, introduction to other employees and to the employers facilities, thorough explanation about the new employees job dutie s, documentation of the entire orientation process. (Brannen, 2014). I am going to actually reference my job as a surgical technologist since my last job I was at for 3 years and although it had a great orientation program, it was not near as in depth as orientation for becoming a surgical technologist in Labor and Delivery. My initial orientation required that I go to an actual hospital wide orientation class for an entire week. The first day was all formalities, ID badges, tax forms, blank checks for direct deposit, benefit sign up, etc. The next 4 days were spent going over, in depth, hospital policies, blood borne pathogens, cpr certifications, harassment training, really boring osha required videos, emergency preparedness, HIPPA, etc. It was long and really awful but also the norm for any new clinical employee at the hospital. After my week of hospital orientation, I began what would be eight weeks of job specific orientation. I had a mentor that I was paired with for eight wee ks who taught me everything I would ever need to know as a surgical technologist in Labor and Delivery. He (the only male in our entire department) had been there for over 15 years. He was able to teach me things I would have never learned in school, the actual job itself and the best part, doctors preferences. The hardest part about being the right hand to a surgeon is that every single one of them were completely different. They would call the names of instruments whatever they wanted, they all used completely different suture, they wanted retractors held a different way, umbilical cords cut at different lengths, staples done different, etc. Those were all within my scope of practice as well as numerous other things, and every one of them wanted it done different. By then end of my eight weeks on orientation not only did I know how to do a C-section from start to finish in my sleep but I could also individualize each case depending on the doctors wants and needs and we had over 30 doctors including the current family practice residents (who never really knew what they wanted). The count of the instruments, the set-up of everything, each layer of tissue being cut into, what they were called and how to separate them (there are 5 layers before you get to the amniotic sac à ¯Ã‚ Ã…  ), when to pass the instruments and when to pass blood control without a doctor ever asking me for anything, I could retract without having to be repositioned, when baby was born I had cord clamps and scissors ready for me to cut the cord and then draw cord blood an automatic requirement and then immediately as baby is handed off to nurse I began to pass suture and begin blood control again all while calculating blood loss and maintain a sterile field. I could do all of this by eight weeks (obviously plus two years of school before hand) thanks to my orientation. By six months I worked nights and only did emergency C-sections. I had done everything from a prolapsed cord, which is in sane if you ever have time to research it, to hemorrhaging patients where we literally had to run to the O.R. and do whats called a splash and dash (iodine pour and cut) and I did it with confidence and without error. I could still perform a C-section sans doctor today if I ever had to. Its amazing what the surgical technologist are allowed to do within their scope of practice. My favorite was finally getting to do sutures and staples of the final close. It was thrilling to me and I would have never thrived as well without my eight weeks of orientation with someone by my side at all times. New employees who attended a well-structured onboarding orientation program, were 69 percent more likely to remain at a company up to three years. Losing an employee due to their experiences of being confused, feeling alienated, or lacking confidence is a sign of poor onboard programming (Kime, 2014) Some of the changes I would include in that orientation are important. First, I think I should hav e had orientation for at least on night shift, because it was an entire different ball game. It would have been nice to adjust to the differences before being released on my own. Second, I would have made sure to explain a solo C-section. Basically the surgeon has to have two surgical technologists to do the procedure. There is the right hand tech which is who I always was and then a tech across from myself and the doctor who is just there to help retract and maintain count and sterile fields. However, a lot of times (the reason I quit ultimately) I was alone on Friday nights. The only Surgical Technologist in our department. Which means for emergency C-sections (thank God we never had more than one at a time!) I had to train a nurse in a crash course of how to maintain a sterile field and retract. It is a simple concept but in an emergency you have a nurse who knows how to gown and glove but has never ever assisted on a C-section. I think it would have been really nice to go over a ll of this in orientation because everyone had to solo a C-section from time to time and knowing what key points to use to train I feel are crucial. I still feel like this is absolutely not okay from an administrative point of view, the risk is way to high throwing in a nurse who did not study sterile technique into a surgery they have never done, during an emergency. But, that is another topic that I will try not to disclose at this point. If I were to design an orientation program from scratch I would include all of what was already included in mine but also include night training, how to train and RN in a crash course, etc. I would also implement a surgeon training book, basically a book of all of the surgeons quirks, preferences, pet peeves, etc. into a pocket book to help reference to and learn in order to make a smoother surgery and a happy surgeon. Because, lets face it, if your surgeon hates you, your life is hell. God, I dont miss those days. I do miss the job itself though . Employers are finding it more difficult to support health insurance coverage as a benefit as it has become costlier than the tax savings for offering it.   Do you think employer-based health insurance on its way out under the affordable Care Act?   What are practical concerns if employers do not maintain this benefit to a healthcare organization?   What trends are there in the workplace in this region? What are employers doing to manage its health costs? Employer-Based health insurance is becoming more and more expensive. It is a lot more costly then it is to just pay the taxes Obama care actually requires. The employer mandate fee (officially called an Employer Shared Responsibility Payment) is a per-month, per-employee fee for employers who have more than 50 full-time equivalent employees and dont offer health coverage to the required amount of full-time employees (as well as their dependents up to age 26). The annual fee is $2,000 per employee if insurance isnt offered at all (the first 30 full-time employees are exempt). This helps lower the fee for smaller firms who are still required to pay the fee. Unlike employer contributions to employee premiums, the Employer Shared Responsibility Payment is not tax deductible. (Obamacarefacts, 2016) The company has to provide affordable insurance. Affordable means that a plan costs no more than 9.5% of employees household income for employee-only coverage. As a safe harbor, employers can s imply make sure the plan costs no more than 9.5% of employee-only income. (Obamacarefacts 2016) So since it is cheaper for a lot of companies to pay the fee instead of providing affordable insurance at no more than 9.5% of their employees household income, I can see how it could eventually work its way out of the system. However, companies that choose to not provide insurance will be the bottom on the list of places to apply looking ahead at total compensation plans it would really cut out of the total compensation provided. So I think if the company is smart they will not eliminate health insurance over all. The trends in our regions are kind of hard to determine because, Approximately 96 percent of employers are small businesses and have fewer than 50 FTE workers and are exempt from the employer responsibility provisions. (Obamacarefacts, 2016) Therefor they are not mandated to provide insurance anyhow and already have a system set in place for their policies in their workplaces. Since this has gone into effect a lot of companies have moved full time employees into part time positions to avoid having to provide insurance. It has caused a lot of people to lose finances, jobs, homes, etc all based upon the fact that employers had to cut hours and add in more part time workers in order to completely avoid the mandate altogether. Some of the things employers are doing to manage health cost are focusing on prophylactic care, or preventative health. They are providing routine screenings, competitions for weight loss programs, healthy lifestyle tips, healthy vending machines, etc. They are doing this in order to decrease health insurance use and ultimately cut down the cost of insurance premiums overall. Describe the concept of total compensation and components that make it up.   Why is it important?   How is it determined?   What impact does it have on recruitment and retention? Total compensation is not just the amount of money being paid but the total amount with benefits included being a total sum of all your compensation you are receiving to do the job. There are ten elements that comprise a typical compensation package. They are: Base Salary Annual/Quarterly Bonus Other bonus (Peer, boss, outstanding non-normal accomplishments) Stock options Stock units (Hurray!) 401k contribution (Pre-tax and Roth) Health Wellness (Medical, dental, vision, employee assistance program) Life Accident Insurance (Basic life, accidental death and dismemberment, long term disability, survivor income benefit) Other Insurance (Travel, legal) Perks (Food, internet services, gym memberships, cell phone and service, company bus/train/plane, massages, company discounts, electric car chargers, university/ongoing education funding, etc.) (Kaushik, 2014) Total compensation is important because it determines the value of the job as a whole when deciding upon a position or career place. Hourly wages and salary do not matter in total when deciding a job anymore, the benefits package makes a big difference on making final decisions these days. Total compensation, which includes wages and benefits, is most often thought of as the key element affecting an individuals decision to accept the position with an organization. (Fried, 2015) To determine total compensation you would add up your base pay with your benefits provided. Or according to Fried, Total compensation is the value of the employees base salary plus the value of the benefits package. An employer may help articulate this fact in several ways, including the following: Add a section on pay advices that notes the value of the employer-paid portion of health insurance. Provide benefits calculation tools on the company website or intranet. Produce customized benefits statements during the annual open enrollment process. Use social media to communicate benefits through a patient portal and/or interactive applications. Communication of the worth of these benefits is essential if an employer intends them to play a part in recruitment and retention. (Fried, 2015) Recruitment and retention are going to depend on this factor in order to draw in the right employees like the book says, you have to have something ready for them to visibly see the actual dollar amount of the benefits being offered in order to show the true value of what is being offered to them. This is crucial in staying ahead of the game in the job market. Resources Fried, B. J., Fottler, M. D. (2015). Human Resources in Healthcare Managing for Success (4th ed.). Chicago, IL: Health Administration Press. Kime, Corey. 9 Surprising Employee Onboarding Statistics Lesson.ly. Lessonly. 13 Nov. 2014. Web. 03 Apr. 2016. Christensen, Jen. Record Number of Women Using IVF to Get Pregnant. CNN. Cable News Network, 18 Feb. 2014. Web. 02 Apr. 2016. Crockin, Susan. Egg Freezing Raises Fundamental Issues of Ethics and Fairness. The New York Times. 15 Oct. 2014. Web. 02 Apr. 2016. Brannen, Albert. 7 Key Elements of an Effective New Employee Orientation Program. MultiBrief:. 9 Oct. 2014. Web. 02 Apr. 2016. Schappel, Christian. Wait à ¢Ã¢â€š ¬Ã‚ ¦ There Are How Many People on FMLA Leave? HRmorning. HR Pros, 30 Sept. 2015. Web. 03 Apr. 2016. Kaushik, Avinash. 10 Key Elements of a Total Compensation Package. Linkedin. 17 Jan. 2014. Web. 3 Apr. 2016. ObamaCare Employer Mandate. Obamacare Facts. Web. 03 Apr. 2016.

The Role of Nelson Mandela and President De Klerk in Bringing about the

Apartheid, means "separateness", this was a social system enforced by white minority governments in twentieth-century upon those of ethnic minorities in South Africa. Under apartheid, the black majority was segregated, and was denied political and economic rights equal to those of whites, this had become a distressing daily routine for the Africans. Therefore in 1991 when De Klerk announced the end of Apartheid, this was a momentous moment for the whole of South Africa and an event, which shall be remembered, in black history forever. After over 50 years of apartheid policies the Africans were finally freed from confinements as the law accounted upon them as equals. However, the question as been raised, as to why did De Klerk put a sudden end Apartheid, and what had influenced his decision in doing so. Throughout this section of this coursework, I shall be analysing the circumstances of South Africa in order to confirm who was more important in bringing about the end of apartheid and minority rule, De Klerk or Nelson Mandela? Nelson Mandela and F.W de Klerk played a vital part in bringing about the end apartheid and minority rule in South Africa. However, their reasons for wanting the apartheid to end deviate significantly. Nelson Mandela was involved in the main resistance against apartheid, the African National Congress, or ANC for short. This large political group in South Africa was involved in many protests against apartheid since its formation in 1912. Mandela joined the Youth League of the ANC in 1944 but had doubts about his commitment to the party. In 1948 the Youth League elected a new ANC president in response to the... ...ndela played a more pivotal role in bringing about the end of apartheid due to his constant exertions and fights against it. However, Mandela cannot be completely commended for his efforts in the termination of the Apartheid. As although, Mandela fought against the apartheid for the best years of his life, on the other hand received no reactions from the Government to his efforts to remove the apartheid. Therefore indicating De Klerk played a crucial part in the anti-apartheid movement as he was president and had the power to end apartheid whilst Mandela didn?t. Overall, making the end of Apartheid a joint combination of both FW de Klerk?s efforts in the negotiations between the National party, although more so, Mandela?s and the ANC progress and constant dedication which helped to bring about the end of minority rule.

Chinese Manufacturer Opens Assembly Plant in Europe

When I was looking for car manufacturers that have opened up assembly plants in Eastern Europe, I stumbled upon some very interesting articles with information I haven’t heard about before. The article of Spiegel, which is a highly reputable German newspaper, is about the Chinese car manufacturer ‘’Great Wall Motors’’ which has opened an assembly plant in Bahovitsa, Bulgaria recently in 2012. When I read this, I immediately realized that this process normally is the other way around, European car manufacturers who move their assembly plants to China due to lower labor costs.But in this article it depicts upon the opening of an assembly plant in Europe by a Chinese car manufacturer. As I kept reading the article I more or less understood why the Chinese manufacturer is making this move. Great Wall Motors is not the first Chinese car manufacturing company that wanted to open up assembly plants in Europe. There were several others; however they have fai led to meet stringent European safety standards.Other Chinese carmakers are also expanding into Europe, as they are buying assembly plants of European car manufacturers to improve the quality of their cars and therefore to meet the stringent European safety standards. This is a way for those Chinese car manufacturers to make progress in quality. So first of all, why in Europe? By producing in Europe, the cars that are produced no longer have to be exported from China to Europe and thus Great Wall Motors is circumventing EU import taxes and tariffs.Therefore, the cars that are produced in Europe are meant to be sold in the European market. This saves Great Wall Motors a lot of money. But then a second question arises; where in Europe? Great Wall Motors did not choose Bulgaria as location for their assembly plants because of its geographical location, but rather for their cheap labor. Bulgaria is the poorest country in the European Union, and therefore is the most attractive location to open an assembly plant because it also has the lowest wages and taxes.However, the labor force is considered as well educated and therefore ensures high productivity levels and operational performance. Another factor that made Great Wall Motors to relocate to Europe, is the fact that wages in China for factory workers have been rising the last few years, and that other car manufacturers have been relocating their assembly plants to countries in Eastern Europe to gain a more competitive edge in the European market. At first, they plan to sell its cars in Eastern Europe and expand later on into other EU countries.Another factor they do not mention in the Article but in my opinion is also highly relevant for this topic is the EU economic crisis. Due to the economic crisis, many people have lost their jobs and therefore have less money to spend. This can be seen as another reason why Great Wall Motors went to Europe because this is a way they can market their cheaper cars to the Euro pean consumers who are very price sensitive due to the economic crisis. This is an opportunity for foreign car manufacturers in general.To conclude, the tables have turned as it used to be European car manufacturers opening up assembly plants in China, and now it is the Chinese car manufacturers opening up assembly plants in Europe. This article resembles the reasons why this change has occurred and why Great Wall Motors has moved their production to the European continent. Article http://www. spiegel. de/international/business/cheap-labor-in-bulgaria-chinese-open-first-car-plant-in-europe-a-816851. html

TASKSHEET Unit 3 Essay

TASKSHEET Unit 3 Essay TASKSHEET Unit 3 Essay UNIT 3 INTRODUCTION TO MARKETING BTEC NATIONAL MANDATORY UNIT Student name: _____________ Teacher: Ms. Lais Assignment start date: 4th September 2014 Assignment Deadline: - INTRODUCTION Marketing is at the heart of every organisation’s activity. Its importance is also growing in the non-commercial, public and voluntary sectors. Also, at the heart of marketing is the customer. This unit will introduce learners to some of the tools and techniques all types of organisations use to achieve their objectives. Firstly, learners will explore how different types of organisations use marketing principles to meet the needs of their customers and achieve their objectives. The constraints under which organisations operate are important and learners will study the legal requirements and voluntary codes that affect marketing. Learners will then go on to investigate how organisations collect data through market research and turn it into useful information which can be analysed and used to plan their marketing activities. The segmentation and targeting of groups of customers is a key marketing technique and this is studied in detail. This includes the different bases for segmentation of both consumer and business markets. Next, learners will examine how a marketing mix is developed to meet the needs and aspirations of a targeted group of prospective customers, before going on to develop a marketing mix for a new product or service. The unit gives a brief overview of the principles of marketing or can be used as a basis for further study of specialist marketing units. You will complete 4 separate assignments to complete this unit. You should attempt to provide evidence of understanding of all the unit content in your coursework. YOU MUST ENSURE EACH SET DEADLINE IS MET. Unit Content On completion of this unit a learner should produce evidence covering all of their learning outcomes. Learning Outcomes: 1 Know the role of marketing in organisations Role: overall concept; marketing definitions Objectives: private sector aims and objectives (survival, growth); public and voluntary sector aims and objectives (service provision, growth of range of provision, cost limitation, meeting quality standards); marketing objectives, eg market leadership, brand awareness, perceptions of customers or users; link between organisational objectives and marketing objectives Techniques: growth strategies (diversification, product development, market penetration or market development, Ansoff’s Matrix); survival strategies; branding (importance in influencing buyer behaviour, brand building, positioning, brand extension); relationship marketing (definition, difference between transactional marketing and relationship marketing, value of lifetime customer) Limitations and constraints: legal (Sale of Goods Act 1979, The Consumer Protection from Unfair Trading Regulations 2008, Consumer Credit Acts 1974 and 2006, Consumer Protection (Distance Selling) Regulations, Data Protection Act 1998); voluntary, eg Code of Advertising Practice and Advertising Standards Authority; pressure groups and consumerism; acceptable language 2 Be able to use marketing research and marketing planning Marketing research: qualitative; quantitative; primary internal/external research; secondary internal/external research; uses (reduce risk in decision making, measure progress over time); limitations (cost effectiveness, validity of data collected) Marketing planning: marketing planning process model (audit with PESTLE (political, economic, social, technological, legal and environmental external factors); SWOT (internal strengths and weaknesses, external opportunities and threats); set SMART (specific, measurable, achievable, resourced, time-bound) objectives; determine strategy and tactics, implement changes; evaluate) 3 Understand how and why customer groups are targeted Identifying customers in consumer markets: difference

Form and Forum

Form and Forum Form and Forum Form and Forum By Maeve Maddox A reader asks, What is the difference in form and forum? Are they interchangeable? If not, what is the correct usage for each one? Regarding etymology, the noun form derives from Latin forma, whose primary meaning is shape or configuration. One speaks of â€Å"the human form,† â€Å"a form of behavior,† â€Å"the forms of a verb,† and so forth. Schools categorize students into forms, according to age or achievement. Certain types of behavior are considered â€Å"good form† or â€Å"bad form.† In our age of bureaucracy, we are frequently required to fill in the blanks on documents called forms. The English noun forum derives from Latin forum, â€Å"open space where people gather.† When people gather for any purpose, they exchange opinions. In Roman cities, the Forum was a centrally located open space where people sold produce and goods and where political candidates gave speeches. One of the meanings of forum in English is, â€Å"a place of public discussion.† On the Web, readers voice their opinions in a multitude of forums dedicated to various topics of discussion. Some of these forums boast memberships in the millions (figures from Wikipedia, â€Å"List of Internet forums†): Gaia Online (anime) 27,554,643 members; 1,000,000 posts per day. Bodybuilding 7,690,808 members; 108,244,009 posts per day. Stackoverflow (programming) 2,700,000 members; 26,000,000 posts per day. Here are some examples of form and forum in context: Why is it considered bad form to put the [wine] bottle on the table when opening it? Create a form to enter and view your data What is the simplest form to use to file my taxes? I propose establishing a Bitcoin peer review board [that would be] a forum of knowledgeable people that understand Bitcoin The Court of Public Opinion (COPO) is a Worldwide Forum of Ethics. Creighton Hosts Open Forum with Candidates for U.S. Congress It’s difficult to see how the nouns form and forum might be confused for one another. Speakers of some regional dialects do drag out the word form in speech, but in standard English, form is a one-syllable word. Forum is made up of two syllables. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Passed vs PastHow to Pronounce Mobile40 Synonyms for Praise

Answer some guiding questions and then write a short essay with given

Answer some guiding questions and then write a short with given sources - Essay Example For this reason, culture is ordinary because it largely depends on external forces. This implies that secondary influential forces such as cultural assimilation and other languages can easily make an individual adopt a new culture and language. The legacies Williams refer to, in his arguments relating to the central cultural problem of our society, are pretence, overdependence on modernization, globalization, and the institutionalization of a culture as a social process. Culture has been manipulated in the recent past, and the blame for this manipulation is on human hands. Cultural purity has, therefore, not been observed especially due to ever-looming modernity. Additionally, cultural serenity has been impossible because the world has become a global village. Through these legacies, Williams argues that acculturation and multi-cultures have globally emerged, and this undermines the centrality of societies (Williams 97). This is the period Williams describes as the time cultural manipulation outrageously outgrown beyond repair (Williams 98). In his first dimension, Harvey outlines three types of space and time, which include absolute space, relative space and rational space-time. According to Harvey (2009), an absolute space is immovable and fixed (134). Sir Isaac Newton and Descartes also amplify this space. Absolute space, just like absolute humidity, can be understood geographically as a pre-existing, lilaceous, continuous and an unchanging framework. Relative space, on the other hand, is differentiated from absolute space by the name it is associated with (Harvey 145). It is usually inclined towards one of the non-Euclidean geometries and Albert Einstein’s theories. Relative space pre-eminently and irrationally presents the space of process and motion. Three ways of understanding space laid out in Harvey’s second (Lefebvrian) dimension are Cassirer’s distinction among organic compounds, perpetual and symbolic space (Harvey 134). Symbolic

How does the relationship between the three branches of government Essay

How does the relationship between the three branches of government influence the policy-making process - Essay Example Thus, this paper will explain how the relationship between the Executive, the Legislative and Judicial branches of government influence the policy-making process. The legislative branch has authorization from the state law and the state constitution to make local law. The legislators who make up the legislative are elected by the public in order to make policy decisions, as well as enact laws on their behalf. The executive develops the proposed policies, and its main duty is to implement the policy made by the legislators (Corwin, 1957). However, the executive members do not make policy decisions, but they have a strong influence on the process of policy making. The Judiciary, which consists of the Supreme Court, and lower courts is said to have the least policy making powers compared to the other two branches, but in U.S, it has equal power with the other two branches (Gewirtz, 1976). It ensures uniformity in the interpretation of national laws made by the legislative. Gewirtz (1976) argues that the Legislative (Congress), is the favored institution in the federal government for policy-making. However, to be sure of this policy, the other two branches also have legitimate policy making powers. For instance, the executive has constitutional functions and duties, which involve significant policy-making especially in foreign affairs, and initiates and vetoes legislation that influences the policy-making process. Thus, the executive together with other independent agencies are expected to make some policy in the process of administering the law. Although most of the cases decided by the federal courts only help in applying the existing law to certain cases, the Judiciary makes policy, as well, in applying statute, nurturing the national common law, as well as interpreting the constitution (Gewirtz, 1976). Therefore, all the three branches of government are