Mental Health and the Prison System

Who are the victims of mental health and how they are treated within the legal and prison system? Mental health or mental illness, base on the question, ‘is concern with illnesses of the mind, or with treating illnesses of the mind.’ (Longman, p.890) These illnesses, which affect the mind, create hallucinations that can lead the people who suffer from them to cause harm to the innocent people who fall victim to them. According to the Longman dictionary, the word ‘victim’ refers to ‘someone who has been attacked, robbed or murdered’. (Longman, p.1593) It can also refer to someone who suffers because they are affected by an illness. In January 1999, a young woman was pushed from behind, in front of a New York City subway train, to her death. Her murderer was a mentally ill patient who had refused to consume his medication. This young woman’s name was Kendra Webdale and the Kendra’s law was named after her. She was considered a victim of mental health. There are many other cases who were fall victim to these illnesses. Due to their mental illnesses, many people questioned whether these ‘criminals’ should be charged and face the consequences or should they be treated in the hospital for the mentally ill under strict control and supervision. They are being view as the victims of the mental health for the reason that they are not in their ‘right’ minds to judge. This occurs because they are suffering from the illness affecting their mind. Looking from the patients’ point of view, they are undergoing a lot of stress due to their conditions as they have fears that they are not accepted by the family, friends and society. With the stress they are undergoing, they might not be able to face the fact and would not want to take their medication. This had led to intervention of the legal system to control the situation. According to Kendra’s Law, a procedure has to be followed for obtaining court orders for certain individuals with mental illness to receive and accept assisted outpatient treatment (AOT). (Office of Mental Health, 2006) The mentally ill individual who can qualify for AOT must be at least 18 years old and shows a sign of being incapable of surviving on his own. In view of the concern that the patient may do serious harm to others in the society, an AOT is more likely to benefit him. The request for AOT can be done by the parent, spouse, sibling, director of a hospital, licensed psychologist or a probation officer. However, there are some lawyers who contest that the law will only serve to violate the patient’s process protection. In addition, many wonder if the implementation of this law is strong enough to force a person to take medication. There is always the possibility of the patient having tried to seek treatment but failed. As such, the government should not simply laws to force the taking of medication but for the state to provide medication as well. In the case of the prison system, there has been a significant increase in the number of inmates who are found to be severely mentally ill. Despite the increase in the number of inmates, the medical treatment necessary for this group of inmate did not increase. Moreover, the staff handling them are not properly trained and thus, many of these inmates are being victimized in the prison cells due to their disorganized speech and behaviour. Their inability to communicate well with others may in turn antagonize their officers or fellow inmates. In conclusion, the victims of mental health do not necessarily refer to only the ones suffering from the illness but those who are indirectly affected as well. The patients should be given proper and better treatment and the society should also be educated on how these patients need to be treated in order to survive in the society. Bibliography 1.  Ã‚  Ã‚  Ã‚  Ã‚   Harold E. Shabo. 2001. Social Costs: Criminal Justice and Mental Health System Gaps which Contribute to the Criminalization of Mentally Disordered Persons. California. 2.  Ã‚  Ã‚  Ã‚  Ã‚   Longman. 1999. Longman Dictionary of Contemporary English: International Students Edition. Pearson Education Limited. Spain. 3.  Ã‚  Ã‚  Ã‚  Ã‚   Office of Mental Health. 2006. An Explanation of Kendra’s Law. 4.  Ã‚  Ã‚  Ã‚  Ã‚   About: Mental Health. 2006. Forced Mental Treatment has a Place.   http://www.mentalhealth.about.com/cs/schizophrenia/a/commit204.htm 5.  Ã‚  Ã‚  Ã‚  Ã‚   Mental Health Services. 2006. Bureau of Mental Health Services. http://www.drc.state.oh.us/web/mentalhealth.htm

Marriage Problems Essay

Few of us do like to be told what to do. Hitting each other between the eyes with issues you know you know your partner is insecure about will not help you resolve the issue. The silence or fights that usually follow just perpetuate the cycling of pursuing behavior followed by distancing behavior. Help lead an obstinate partner to make some choices for himherself. Friends, lovers, and business partners learn what your vulnerabilities and insecurities are just by spending time with you. You can avoid cycling into repetitive arguments by discussing your own fears and areas of vulnerability. Leslie could tell Jim that she worries about being a nag and knows that her request is not nagging just a request for cooperation. The conversation with Jim can continue now. Leslie could further ask what needs to happen first before they attend to chores. Leslie has given Jim room now to make a choice. He might say he wants to pay bills, work out, make love with her, before they clean the house. You want to move toward shared decision making to move away from power struggles. Good friendship, love, and business relationships are built on mutual trust, respect, cooperation and reciprocity. If you are not cooperating with each other, each person must look at themselves and come up with what each willfully says, does or does not say or do that is contributing to the problem. Next, you can discuss what each of you are willing to do to change yourself. All relationships need elasticity to grow over time. Remember that it does take two to tango. A relationship problem is always our problem. Together you create the peacock dances and together problems can be resolved. You show you care about having a healthy relationship when you are willing to rationally and calmly resolve conflicts. Know when to disengage as well as engage in a conversation. When a person is under the influence of substances or too angry to talk, wait for a clear headed time frame to talk. Some behaviors are always unacceptable. Don’t fight dirty. No one drives you to drink or strike another person. When behavior is extreme, you are out of touch with yourself and control with yourself. You always have the choice to be extremely aggravated and express that long before you feel like acting out your anger by drowning your feelings or striking out. Debt If you and your spouse jointly apply for a credit card or loan, both your credit scores will be checked to approve the application. If one or both of you have bad credit, there’s a chance your application won’t be approved. Or, if the application’s approved, the interest rate and fees might be higher than if the spouse with the higher credit score applied separately. With joint accounts and accounts on which one spouse is an authorized user, the history of the account is reported on both spouses’ credit reports, even if only one spouse actually uses the account. On joint accounts, both spouses are responsible for making credit card and loan payments. Furthermore, if the account becomes delinquent, the creditor or lender will attempt to collect from both spouses. With authorized user accounts, only the primary account holder is legally responsible for paying the credit card debt.

Accounting and Tax

The world is increasingly adopting an extremely commercial approach to operations (Paulson 99). Every aspect in the economic environment and social systems is increasingly becoming more commercialized as the capitalistic mental has taken over a number of key areas in operations (Paulson 99). The role played by taxation and accounting systems is on the increase due to commercializations and liberalization of operations and markets. Different modes of operations and complexity in modern operations have led to the need for development of different modes of accounting and taxation (Paulson 99).Original definitions and systems are being replaced by new ones that are deemed to be more relevant to modern day operations. The policies supported by political leaders with regards to these economic factors are seen to be important to the perception that the voters have on them. The overall public, due to improvements in information systems and education levels, have become more aware of the impo rtance of good and relevant policies to not only the development of the economy but to individual development.It is no longer left for the professionals to understand the complexities and changes in accounting and information systems be it at the policy or implementation level for ordinary citizens are continuously seeking to know more on these concepts (Paulson 73). This paper looks at some of the current trends in accounting and taxation systems in the US. and the impact they have on the development of US. as a nation. The paper looks at a issues in Private and public Company Financial Reporting and their convergence with the international standards.The other areas that the paper addresses are Cost or Equity Method of Accounting, Sarbanes-Oxley Act of 2002, Importance of Segregation of Duties, Income tax accruals, Deferred Income taxes and McCain's Vs Obama's tax plan. Introduction Developed economies and especially America's are highly reliant on the development of the business s ector (Pratt & Niculita 22 ). The business sector in some of these developed economies contributes immensely to their large domestic income levels. Financial reporting is an aspect that is integrated into every business system be it profit or non-profit making.Financial reporting is a very important aspect in ensuring accountability and developing the confidence that is of high importance in a capitalistic economy that are characterized by high levels of competition. Financial reporting does not in itself guarantee success in business but helps in providing information that is critical in the development and implementation of economic decisions. Company Reporting The standard used in financial reporting in the US is the GAAP standard (Talbott 63).The main reason behind financial reporting for public entities is to meet the needs of external stake holders who due to their positions lack the ability to get the information. Even though the external users of company financial reporting may have access to information, most private companies still choose to prepare the general financial statement. Even though the GAAP financial accounting standards are aimed at providing the end user with the required information, the management of the company often finds such documents to be of great importance (Talbott 63).Many private companies implement a system where the financial statement include an independent accountant report which is drafted after the report has been audited, reviewed or compiled. The government is not directly responsible for the formulation of the accounting standards in most developed countries and it was until 2002 that the federal government intervened largely on accounting standards (Talbott 35). This non-interference is common system in most countries under common law where it is believed that the private sector is well informed and has a good resource backing.It should be noted that the GAAP is not a law that has to be followed though some key fin ancial authorities have made it compulsory for public companies to adhere to standard (Ricardo & Kolthammer 53). It should be noted that the GAAP standards for the private sectors are set by different bodies which operate under different assumptions, principles and constraints from those of the public sector. The basic objective in financial reporting is providing information; this is done by making a number of assumption, application of a series of principle and subjecting a number of constraints.Assumptions ? The business entities are assumed to be separate from its owners and other related businesses. In preparation of financial records personal expenses are kept separate from company revenues and expenses (Ricardo & Kolthammer 51). ? Another key assumption made is that the business will continue operating indefinitely. This assumption is made to justify the validation of asset capitalization, depreciation and even amortization. This going concern assumption is only overridden wh en it is certain that the company will be liquefied (Ricardo & Kolthammer 51).? Since one of the objectives in the preparation of financial records is to ensure ease of evaluation a measure must be used. In the US, a monetary unit that is assumed to be stable is used as the unit of record. It is accepted by the FASB that the nominal value of the dollar unadjusted to take care of the inflation should be used as the main unit of measure (Ricardo & Kolthammer 51). ? A major assumption in the preparation of financial records is that the economic and financial activities of a company can be divided into time units. This is the time period principle (Ricardo & Kolthammer 51).There are a number of principles that have been adopted by the FASB in preparing financial records. The principles govern how the actual preparation of the records will be handled. Some of these principles include: ? Companies are required to account and report on the basis of acquisition prices rather than current ma rket prices. This principle applies to all recordings be they assets or liabilities (Ricardo & Kolthammer 54). This principles ensures that the information provided is reliable by eliminating bias that would have otherwise been accrued by using the perceived value.However, there are changes in this system as a number of debts and securities are being reported on the basis of their fair price or market values. ? Principle number two is referred to as the revenue principle and it requires companies to record revenues either when they are realizable and earned or when they are realized. This accrual approach to accounting eliminates recording at receip (Ricardo & Kolthammer 54)t. ? The matching principle dictates that the expenses and the revenues have to be matched as long as there is sufficient ground for pairing.Expenses are only recognized when the product or service that they have help create earns some revenue (Ricardo & Kolthammer 54) The principle further states that if a situa tion should arise where no connection can be established between an expense and a revenue then the expenses can be charged on the existing period. This system is useful in ensuring accuracy and robustness in evaluating actual performance and profitability levels because the principle clearly shows how much was spent in earning a given revenue.? The disclosure principle is one that governs the amount of information that can be disclosed. According to this principle, the amount of information that can be disclosed should be based on a trade off analysis (Ricardo & Kolthammer 54). Disclosure of large information is often associated with increased cost in the preparation and use of the financial records. Therefore, the information disclosed should be enough for judgment while ensuring that the costs are kept low. Information in the financial records are either presented in the main body of the statement, notes or as supplementary material.A number of constraints have also been placed in coming up with financial records and reports. The constraints are aimed at reducing errors and ensuring reliability. They include: ? The objectivity principle which states that the financial records should be based on objective evidence (Ricardo & Kolthammer 54). ? The significance of an item is only considered when it has been reported. The materiality principles therefore considers information to be of significance if it can in one way or the other affect the decisions made by a reasonable human person (Ricardo & Kolthammer 55).? There is also need for consistency in the accounting principles used by a company. The companies should ensure that they use the same principles year in year out. ? When choosing between two alternatives the prudent principle states that the solution that is likely to understate the income and assets should be given first priority (Ricardo & Kolthammer 55). Comparison Even though the differences may not be clear a key differences arises in the aspect of stakeholders. The investors will always want to be informed on how their investments are fairing on.In a private company, systems may be developed where the investors who are often few and closely related can access financial records and the performance of their investments at particular times (Einhorn 23). Furthermore, the private nature of such businesses exempt them from mandatory disclosure and there are no restriction on the materials they can disclose. However, the story is quite different in public companies where disclosure is a must. Public companies are of national interest and therefore issues regarding their financial status affect a considerable proportion of the general public (Lewis & Pendrill 32).Development in financial systems are aimed at protecting the investors from the failure of such financial institutions. The law therefore dictates that such companies must disclose their financial records and in so doing the materials disclosed should be such that they provi de enough information as per the investors' requirements (United Nations Conference on Trade and Development 35). Therefore, while a private company financial records may only be a page the public companies often develop booklets and mountains of documents as their financial records.In general, preparation of financial records in public companies is more resource intensive relative to private company due to the time and financial resources that have to be channeled to the preparation of the rather comprehensive records. The similarities are countless. The principles employed, assumptions made and constraints are generally within the GAAP principles (Haber 24). The principles are within the stated framework and therefore bears a lot of similarities.Disclosure is stressed on by both private and public companies for the sake of their investors. In either case, the importance of financial reports to the management of the companies and to creditors who may require the company's financial information is of equal importance. Sarbanes-Oxley Act of 2002 The area of financial disclosure and development of financial reports is of key concern to the entire economy. The government and the legislative system is often concerned with the overall wellbeing of the people; at least that is what they have made people believe.Disclosure and financial reporting is an area that is of key importance to the overall development of not only the company whose records and transactions are being disclosed but also to other companies that may be related to the said company in one way or the other. The federal system broke its liberalization of the accounting systems when in 2002 it enacted the Sarbanes-Oxley Act (Hamilton & Trautmann 44 ). The act was aimed at protecting the investors and was enacted into federal law in 2002.Previously issues regarding financial disclosure and preparation of financial records were governed by standards rather than law. The move was aimed at dealing with the increase in the levels scandals that hit a number of major corporations namely Tyco and Worldcom among others (Shanley 21). These scandals were very costly on investors and had a major bearing in the capital markets as share prices dropped considerably. The effects of the scandals were felt by both participants and non-participants as the confidence in the stock markets suffered and irrecoverable blow.The reforms that were brought by this act are considered the most far reaching changes in the business environment in decades. These new legislations did not affect the private sector and were aimed at developing enhanced standards for the public sector players including public accounting firms (Shanley 49). Its adoption was a controversial step and led to major divisions on its perceived benefits. A number of people who were and still are for its implementation state that it has led to an increase in investor confidence on the stock market while ensuring better standards and controls for corporate accounting standards.The act led to the developments and enaction of PCAOB which is charged with regulating, inspecting and ensuring relevant disciplinary measures are taken against accounting firms that are ascertained to have flawed some of the principles and standards set by the Sarbanes-Oxley Act (Pratt & Niculita 85 ). Some of the key features of Sarbanes-Oxley Act of 2002 include: ? The first title establishes the PCAOB as a board that will provide the required oversight for accounting firms that provide audit services.This first title also creates a central board that is tasked with ensuring procedure compliance by the boards, registration of auditors, definition of processes and procedures for compliance, quality control and management and enforcing compliance as per its mandate that are provided for in the act (Einhorn 19). ? The second title establishes the standards that will ensure the independence of external auditors so as to minimize the risk of conflic t of interest. This title also puts up new auditors approval qualifications, partner rotation and reporting requirements.One of the notable features of this second title is that it bars audit firms from providing non-audit services for same clients (Einhorn 19). ? The responsibility for accuracy and completeness of financial records is placed on senior executives. This third title further defines how the external auditors will be expected to interact with the audit committees. A quarterly certification of the integrity of the financial reports by the corporate executives is required by this title (Einhorn 19). ? The fourth sections requires the inclusion of off balance sheet transactions and transactions of corporate officers.This is to ensure enhanced financial reporting and ensure accountability at the highest levels of corporate leadership. The fourth title further requires the placement of internal controls that will ensure the accuracy of the financial reports. Timely reporting in case of change in financial conditions which must also be accompanied by a review of SEC or its agents, is advocated for by this title. ? The fifth section includes measures that are aimed at restoring the confidence of the investors on the reports brought forward by securities analysts (Einhorn 77).The code of behavior for the security analysts are defined in this section and they are further required to disclose any conflict of interest that may be in their knowledge. ? The sixth section is closely related to the fifth as it defines practices that will help in the restoration of investor confidence. The SEC's authority is also defined in this chapter and their power to bar securities professionals from dealing is brought into proper perspectives by definition of cases where their power is applicable (Einhorn 22).? The seventh section places more emphasis on the manner in which research that is aimed at enforcing actions against violators will be conducted. The reports and reas ons that have been identified as being of importance in the research include the effects of consolidation on accounting firms, securities violation, role of credit rating agencies and enforcement actions. This chapter further suggested investigations on whether the investment banks played a role in obfuscating the financial positions of some of the corporations that failed.? The eighth title describes the specific penalties for fraud by either manipulating, destroying or altering financial records. This title further defines the penalties associated with interfering with the course of investigation while providing a considerable level of protection for whistle blowers. ? The ninth title increase the penalties associated with white collar crimes and conspiracies to commit financial crimes. One of the key recommendations of the title is that stronger punishments should be provided for financial crime offenders.A key addition is that failure to certify corporate records is declared a c riminal offense (Einhorn 19). ? The chief executive officer or the senior most corporate officer is required to certify and sign the company's tax returns in the tenth title. ? The definition of corporate fraud as a crime within the law is found in the eleventh title. Record tampering is also included as a criminal offense and the specific penalties are also defined in this section. Sentencing guidelines are revised in this chapter and the penalties are made harsher.SEC is also given the power to freeze large or suspect payments (Einhorn 18). There are a number of factors that led to the adoption of the rather controversial measures towards ensuring disclosure and accuracy of financial records. Prior to the implementation of the SOX the auditing firms were self regulated (McAlevey 45). There was considerable levels of conflict interest as they were involved with companies in more than one way. They were therefore not in a position to challenge the companies on financial matters for it may have led to poor work relations in other areas they were involved in.Audit committees were also blamed for the crisis that led to the development of the SOX as they did not perform their responsibility as investor representatives with maximum efficiency (McAlevey 56). A number of causes for failure and collapse of some of the corporations were in the line of negligence of duty and lack of the required expertise in handling business complexities. Management also had a considerable degree on audit committees and thus the integrity of their reports was questionable even before they were presented. The SEC was underfunded before the American public realized its importance to the overall development of the economy.The federal allocations to this programs have since doubled as a way of ensuring that they effectively deal with issues and threats to the financial stability of public corporations. Securities analysts had multiple roles that presented a conflict of interest (Niskanen 1 23). The security analysts could make recommendations on whether to sell or buy and at the same time provide financial assistance for companies who are in need of financial assistance. There is the possibility that the analysts could make decisions and recommendations that will ensure that he unfairly gains from the deals.Misleading bank practices may also lead to confusion by other investors. For instance, when a number of banks lend money to a corporation other investors may assume that the financial position of such a company is guaranteed (Griffin & Walton 10). When such companies collapse as it was the case in Enron, investors in the bank and those who had invested in the corporation suffer losses. Moreover, stock volatility coupled with the bonus and stock option practices increased the pressure on companies to manage their earnings. Segregation of DutiesOne of the major recommendation of the SOX was the need to segregate duties (Griffin & Walton 29). The need for segregation is often seen to be associated with increased accountability as the overlaps associated with non-segregation are eliminated. Furthermore, the risk of inappropriate action on individuals or groups is minimized since each and everyone has clearly defined roles and failure in their part can be traced to them. The first step in ensuring accountability is adopting a segregation approach. The segregation of jobs must be adopted by the entire organizations and documentation of its adoption ensured.Segregation of duties is not all about the physical implementation of tasks since the flow of finances has to be described fully, clarifications made and assurances that no one person has overall control over all aspects in any financial transaction made. The process of formulating such a diverse and rather complex system of operations requires time and expertise if the systems is to achieve any success. It is worth noting that though the implementation of the system may be near perfect, if the i nitial formulation is done ineffectively the whole systems will lack in aspects that may prove to be critical in ensuring its success.The organization has to be studied and analyzed before any changes are proposed. Since these are changes that are per the requirement of the law for public institutions there is little that organizations can do to avoid implementing this law (Griffin & Walton 92). The organizations must analyze their processes and their outcomes including their behavior. The qualifications of the available human resource has to be ascertained and the organization's ability in implementing a segregated approach ascertained.A thorough analysis of the collected information will ensure the development of teams and allocation of responsibilities for each and every member of the organization who will then be answerable on all issues relating to these responsibilities they have been assigned. The implementation of such a system is as important as the formulation phase. The a pplication of relevant controls and milestones to be met will ensure that the developments achieved as a result of the implementation of such systems is quantified and relevant corrections or improvements made to ensure continued success.The controls should ensure that whistle blowers and those that are unwilling in promoting illegal activities are protected from the wrath of ‘criminals ‘(Griffin & Walton 24). Therefore, the adoption of systems that will ensure whistle blowers are protected should go in line with the formulation and implementation of the segregation approach. Convergence to International Standards The implementation of the SOX led to improvement in laws and policies regarding financial disclosure that made them more similar to international standards.Furthermore, there is increased effort by the FASB, which develops accounting standards for local use to converge the standards to the IASB (Eisen 42). It should be noted that even though the IASB standards are increasingly being adopted by a number of countries the FASB has significant control on their standards. One notable difference in the standards is that the LIFO systems is not used in the international standards while they are allowed by the US. Standards, thus reporting of income statements takes on different format which may affect the analysis of financial statement by investors and stakeholders (Eisen 42).Moreover, the international systems is more principle based when compared to the US systems which can be considered to be rule based. The FASB bases their approach on the fact that the real accounting world has infinitely many exceptions and a principle based system will never be able to give a full description of actions that may be employed in all situations (Eisen 43). Equity Method of Accounting Accounting is a diverse area of study that is continuously changing as per operations requirements (Eisen 34).Financial irregularities and fraud has taken on a new dimension an d thus the accounting principles and procedures have also been forced to change in order to address the change in financial trends. Investment in common stock is one of the fastest growing areas, many investors are channeling their resources to acquiring common stock and IPOs have become national events while the capital markets is one of the most highly traded market there is. The equity method of accounting is used for investments in common stock if the investor possesses over one fifth of the outstanding voicing stock of another company in which he has significant influence.Generally accepted accounting principles require that reporting using the equity method when an investor corporation has significant control over the operations and finances of an investee corporation. Significant influence is determined by representation on the board of directors, active participation in formulation of policies, intercompany transactions, interchange of managerial personnel and dependence on technology. It is generally assumed that an investor has significant control if over 20% of the outstanding common stocks of the entity are in his possession.This holds true unless there is sufficient evidence to prove otherwise (Eisen 100). The equity approach to accounting reflect more on the economic aspects than the legal aspects involved in investing in legal stocks of other companies. When the equity approach to accounting is employed, the initial records of the stock investments is done at cost. The investments accounts will then have to be adjusted to ensure that the investor share of income and losses after the date of acquisition are up to date. This investor share is used in coming up with the net income of the investor in the period as reported by the investee (Eisen 51).The methods is in line with the accrual method of accounting for its implementation ensures the recognition of revenues when they are earned and losses when incurred. Dividends received by the investors are not reported as dividend income but are a reduction on the carrying amount associated with investment. Therefore, the application of equity methods of accounting ensures that investments accounts give a reflection of the investors equity relative to investee net assets. An exception to this rule of revenue recognition is the recognition of revenue without change in working capital (Eisen 34).In the investors statement of income, the proportion of the share of the net income of the investee is reported as a single line entry except inn situations where the investee possesses extraordinary materials that would affect the investor's net income statement. Such materials would be reflected as extraordinary materials in the investor's income statement. The method therefore eliminates intercompany profits and losses (Eisen 43). Any excess paid for shares over their book value of the purchased subsidiary must be identified and if need be amortized or depreciated (Eisen 90).In cases wher e the investor owns over half of the investee's outstanding stock a consolidated financial statement for the group is presented (Eisen 110). The relationship is considered an affiliation as the investee can exercise control over the operations of the investee (Eisen 111). The equity method is used in the presentation of financial reports for unconsolidated subsidiaries in a consolidated financial report. If the parent company is preparing unconsolidated reports then the investments in the subsidiaries are reported through the use of equity accounting.The application of equity accounting methods is continuously being adopted in accounting circles due to an increase in corporate ownership. Capitalism is characterized by increased investments in joint ventures and therefore it is becoming common place for major corporations and private investors to have stake in more than one company. Multinational companies may have considerable influence on local companies whose stock they posses and therefore the application of equity accounting finds relevance in such cases. Income tax accruals and Deferred Income taxesOne of the most important decisions that has to be made by businesses before they start operations regards the basis of their bookkeeping which can either be on an accrual or cash basis. The accrual system is where the income is recorded as when it is earned without considerations on whether it will be received or not. The expenses are also recorded as per when they were accrued without considerations on whether they will be paid. Taxpayers are not necessarily required to use a specific method by the Internal revenue service (IRS) (Eisen 32).However, the stock markets and other bodies may require public companies to strictly use the accrual basis in stating their incomes (Eisen 60). The IRS requires that the method used when a taxpayer first files his tax returns should be used consistently thereafter and any changes in the system must be approved by the IRS. I f an investor own more than one business the use of different methods of accounting is allowed, though they must be kept separate from each other as each business is treated as separate entity.Even though the use of any method is allowed there are restriction to the use of the cash method in that corporations with a gross receipt of over $5 million excluding the S corporations, partnerships that partners with such corporations and tax shelters are all excluded from the use of cash system of accounting (Eisen 22). When using the accrual method, incomes must be reported in the tax year they were earned and expense deducted in the same manner. The time of payment is disregarded in either case and has no bearing on the nature of the results.For taxation purposes, income is reported when earned, due or payment is received depending on which one comes first. Therefore, recording of income is done when events that lead to their reception have occurred and the amount associated with the rev enue or expense can be determined with pinpoint accuracy. Advance payments for services that will be received later are charged in the same years that they are received. This scheme changes if there is an agreement that the completion of the service will be in the next fiscal years thereby the recognition of the income is included in the next years records.The postponement of advance payments cannot go beyond one year. If any part of the service will go beyond the next year, all advance payments will have to be recorded in the year the receipt will be made and none of it would appear in the next year's records. Advance rent income can only be recorded in the years that they are received and can never be postponed. If a business provides a business agreement for a property that it owns, advance income associated with such property can be postponed.However, this is only applicable in cases where the business also earns income from properties that do no have service agreements in their course of operations. There are a few special rules that have been formulated with regards to handling advance payments regarding agreement for future sales. Under normal considerations the payments are recorded when they are received but this is not so in this alternative system. Under the alternate system the advance payments in earlier years and the recordings include payments in gross receipt according to the rules of the method used.Furthermore, it is advisable to record the advance payments in the years that any part of the advance payments has been included. Under the accrual system expense are reported when liability has been fixed, the amount involved has been determined clearly and economic performance has occurred. If expense is incurred in receiving a service, economic performance is considered to have been incurred when the service is provided. When property has been delivered, economic performance is said to have been incurred (Pratt & Niculita 102 ).For expenses that are related to interest, the passage of time marks economic performance. In areas of compensation of services, economic performance is said to have occurred when the contractors are rendering their services. Moreover, under the accrual system expenses are only deductible in the years they apply though they can still be charged on the years they are paid if the benefits they generate are applicable for a time of over one year. If business expenses or interest are owed to persons related as per the definition of related in income tax, and the related person handle

Critique the Financial Analysis and Research Paper

Critique the Financial Analysis and - Research Paper Example and 122 in Canada. The company employs over 361,000 associates in the United States (Yahoo, 2013). In the U.S. there are about 5,000 department stores with combined revenue of about $120 billion annually (Target, 2012). In the U.S. the discount department store industry is highly concentrated with the eight largest companies accounting for almost 100% of revenues. Wal-Mart and Target are leading the pack. In this industry the main factors driving demand are consumer spending related to economic outlook and population growth. In order to remain profitable in this highly competitive industry driven by ever lower margins companies depend on efficient supply chain management, high volumes, effective merchandising and competitive pricing in order to maintain profitability. Target is following an industry trend of adding and converting major markets stores into supercenters which combine traditional general merchandise with a fully stocked grocery store to help drive store traffic, since c ustomers spend more on groceries more than any other product category (Hoover’s First Research, 2013). 2) There are significant business challenges in this industry which dictate the success of its major players. The industry is characterized by its dependence on high volumes and extremely low operating margins. In order to keep prices low the industry has a heavy dependence on imports in most of their key merchandise categories. In general terms gross margin percentages for discount department stores can be 10-20% lower than traditional department stores. Although there is also growing recent and resistance from communities that perceives giant discounters as a major threat to their local economy and small business community. In terms of economic growth for the industry it is forecast to grow at an annual rate of 1% from 2013-2017 (Hoover’s First Research). We will analyze Target Corp. for its fiscal year ended 2/2/2013 and compare it with the industry averages in terms of overall financial performance, financial ratio analysis and investment potential. In order to gauge the company’s liquidity we will analyze the quick ratio as well as their debt to equity ratio and compare it with the industry. We will look at the inventory turnover ratio to gauge operational efficiency and inventory management compared with the industry. In order to measure management effectiveness, shareholders returns and profitability we will analyze the price/earnings ratio, return on equity, earnings per share and net profit margin versus industry averages (Yahoo). Target Industry Average Quick Ratio .54 .50 Debt to Equity Ratio 91.53 67.6 Inventory Turnover Ratio 6.4 4.4 P/E Ratio 17.24 15.8 Return on Equity 14.84% 11.3% Earnings per Share 3.74 5.2 Net Profit Margin 4.17% 2.7 4) As one of the most successful discount department stores, Target must be extremely efficient in their operations in order to remain profitable. Target has a slightly higher debt to eq uity ratio compared with industry average. The company is effectively managing its levels of financial leverage in order to increase shareholder benefits and maximize growth and stock performance. By analyzing the company's quick ratio it demonstrates that the company has maintained an above average level of liquidity to meet their short and long term liabilities as compared with

The career you are preparing for now Essay Example | Topics and Well Written Essays - 750 words

The career you are preparing for now - Essay Example ve is to evaluate my skills of creating documents such as those found in the employer website or even improved ones as well as understanding the implication that the document on the employer website create on a potential candidate. DOE can be perceived to be a site for electrical engineers, but also services a major employer for mechanical engineers. The U.S. Department of Energy website has various kinds of documents including hypertext, web, articles, PDF, press lease, and graphics. DOE website has other various documents on its site including a charter, company budget and performance report, and invitation to tender. The charter document describes the aim and principles of DOE in ensuring that engineering finds interventions to the challenges facing the world such as the innovation of renewable energy and discarding the use of fuels that will save the world from the greenhouse effect responsible for global warming. The company report is classified into the many projects that the company has undertaken including the science and innovation and energy saver. Invitation to tender documents are provided for the need to cover the staff and contractors rights as they form the most important aspect in ensuring the success of the company’s mission. Additionally, the site has warning documents that highlight the terms and right of access to the company’s information and reports as well as protecting it from whistleblowers. The DOE site makes use of an expository writing style, which aims at explaining process in a logical order with support of figures. Mechanical engineering is a practical career that require the explanation of processes in a logical order; hence, the site being one of the major employer in y field of career, has clearly distinguished its aim and scope though its technical communication of various projects . Additionally, I noticed that the site has used illustrations that are entirely technical to describe the technical details of various

Regulatory Issues Essay Example | Topics and Well Written Essays - 750 words

Regulatory Issues - Essay Example A basic regulatory principle is that regulation should not be more restrictive than is necessary for public protection and regulation should not hamper the growth of the nursing profession. The focus of registered nurse regulation is public protection. This regulation assures the public that they are receiving safe and ethical care from competent, qualified registered nurses. It defines the practice and boundaries of the nursing profession, including the requirements and qualifications to practice. Boards fulfill their public protection mission by establishing, endorsing, and monitoring nursing education standards in programs leading to licensure and licensing qualified candidates who complete education programs and successfully pass a licensing examination that measures entry-level competency. Boards also monitor practice changes that impact scopes of practice and issue policy statements or support legislative passage of statutes or rules that support current practice needs and discipline or remove from practice those nurses who fail to meet standards. The public and agencies that educate, represent, or employ nurses are all considered customers of boards of nursing, and it is important that boards are responsive to their needs. Relationships that boards in turn rely on for reporting of violations to Nurse Practice Acts. Best practices related to discipline are vetted in guiding principles for nursing regulation: public protection, practitioner competence, ethical decision making, and due process based on our national standard that all who are accused have a right to a speedy hearing, shared accountability, strategic collaboration, evidence-based regulation, environment and marketplace responses in forming regulations, and ethical interactions within the global nursing arena. The public is best served when nurses are given the legislative mandate to regulate nursing in the

Sociology - What is the difference betweex sex and gender How is this Essay

Sociology - What is the difference betweex sex and gender How is this distinction made - Essay Example Sex was â€Å"nature† and gender was â€Å"nurture†. In the language of Sociology, gender roles replaced sex roles, as gender represented more accurately than sex the social construction of identities and roles dividing societies into women and men. Sex and gender were interdependent, but clearly distinguished. Gender was social, thus variable and subject to change, while sex represented the essential and unchanging physical differences in human reproduction. An implicit causal link existed between sex and gender (Acker, 1992; Wilson, 1989). Feminist sociologists (e.g. Rossi, 1984) who took a biosocial view of gender, saw gender behaviour at least in part, as physiologically determined. They posited a clear distinction and a causal link between sex and gender. However, Acker (1992) states that variations in actions and feelings among both men and women, as well as similarities between women and men seemed too great, to permit the tracing of behaviour to biological differences. On the other hand, according to Butler (2005: 48), â€Å"because gender is fundamentally a way in which we make sense of ourselves as embodied creatures, no investigation of gender can allow itself to be carried too far off from the body. Gender reminds us that our bodies are not merely tools that we use to various ends. Our bodies are ourselves; their gender has a meaning and a value that is not merely instrumental†. In current usage gender is theorized as a basic principle of social structure and cultural interpretation (Scott, 1986; Acker, 1988). According to Unger (1979), gender refers to the traits and behaviors considered characteristic of and appropriate to members of each sexual category. These may be physiological, biosocial or environmental. In explaining gender as a constitutive element of social relationships, Scott (1986) emphasizes that â€Å"gender operates in multiple fields, including culturally

China and the Bull-run Stock Market Essay Example | Topics and Well Written Essays - 2250 words

China and the Bull-run Stock Market - Essay Example The paper tells that the entry of Chinese economy into the World Trade Organisation (WTO) in 2001 is, no doubt, a significant event in the history of a world economy. It has given a boost to the pace of reform and opening up. The Sino economy has gathered further momentum. That was the reason that Chinese economy registered a real GDP growth of phenomenal 9.5 percent in 2004. China's status of "world factory" is the result of that impressive growth show. The excellent performance of economy paved a way to massive capital inflows and pushed country's foreign exchange reserves to more than 600 billion dollars in 2004. Where there is much to celebrate for Chinese, all is not well with this elephant economy of the world. If we analyzed then we came to know that China's bond market comprises of two major markets: the inter-bank bond market and the exchange market. Subsequent to further than ten years of expansion, China's bond market has turned out to be a multi-layered one in which the i nter-bank market plays the most important position, complemented by the exchange market. According to the expert analysis, China's soaring stock market is at risk of "a market correction" that could have a knock-on result on its whole banking system, the OECD said yesterday, adding its voice to a litany of bearish warnings on the country's split prices. The hazard has arisen despite enlargement of nearly 11 percent last year and a predictable speeding up in customer expenditure ahead, the Paris-based Organization for financial collaboration and growth said. No doubt, Chinese stocks seesaw in trade but shrugged off the caution from Mr. Greenspan and one more from the market watchdog. The Shanghai compound Index healthier its balance after an early fall of as much as 2 percent, to close down 0.54 percent at 4,151.13 points. Previous, it hit a record intraday high before Mr. Greenspan's comments turn out to be extensively known. Turnover in Shanghai a split was a huge 247.4 billion yua n (16.4 billion), the second-highest numeral to date. Though, neither the government declaration nor Mr. Greenspan's warning had any real collision on an investor's eager to income from the market's bull run. The most investors sight as strange the idea that the Government, which motionless wields enormous pressure over fund flows during administrative steps, would permit a crash. Analysts said that the marketplace might merge gains for a few days before resuming its scale. If the bubble were to pop, it could have a better impact on communal stability than any previous slump in the stock market's 16-year the past. There are now additional than 91m accounts held by individuals at brokers or in joint funds. Estimates for the number of investors differ extensively. At the height of the last marketplace boom, in 2001, there were 60m accounts but maybe fewer than 10m investors. There are surely lots of millions more now.

Importance and Benefits of Wetlands Essay Example | Topics and Well Written Essays - 500 words

Importance and Benefits of Wetlands - Essay Example One can imagine the importance of wetlands by the idea that these wetlands provide sources on which the ecosystems are based. These wetlands actually provide support to the entire ecosystems. There are some plants species that can only and specifically survive in the wetlands i.e. water lilies, sedges, cypress, cattails, mangroves and many more other species. These plant species, which are specific in the wetlands and can only grow in a certain environment, are the food for many other living organisms. Therefore, we can say that the wetlands provide food for certain living organisms in the form of different plants. Like plants, there are many other marine animals, which are only specific to the wetlands. These animals are also wetland specific and cannot live in any other area except wetland. The rate of moisture can be seasonal or permanent on these wetlands. Similarly, in these wetlands the water can be different depending upon the nature of wetland. It can be fresh water, salt wat er, marshes, brackish water. The water present on the wetlands can be used in different ways. Like many other things in the natural environment, the wetlands are also disturbed by the human activities. The human beings are using these wet lands for their own construction and other purposes. Another reason behind the problems with the wetlands is the increasing rate of pollution and specially water pollution. These pollution resources are actually destroying the natural habitat of many species, which are specific to the wetlands and cannot grow with a wetland area. The negative impacts of human activities are very clear on these wetlands because they are being cleared or eroded by the human beings. This erosion may destroy the natural chemical makeup of all the species, which are related to the habitat of wetlands and thus a major portion of the wetlands can be shattered.

Company Analysis of T-mobile Research Paper Example | Topics and Well Written Essays - 250 words

Company Analysis of T-mobile - Research Paper Example This year, the company acquired MetroPCS which was one of its rival companies (Coll 78). Anyone expects T-Mobile to be doing well in the market considering its investments and plans but this is not the case. In the recent past, the company has been experiencing a number of issues to the extent that spinning off looks a possibility. This situation was not expected considering how good the company was fairing in the market like the recent upgrade of its 3G wireless network, launching of new smartphines, hot marketing and its plans and strategies being of low-cost(Coll 102). Most analysts associate this situation with its parent company in Germany, Deutsche Telkom, which happens to be afraid of taking risks and is also conservative thus mirroring the operation of the company. Considering also the government owns 30% of the company, it controls the operation of the company restricting its operation (Coll 50). A good example is the latest case where the Deutsche Telkom considered a merger with its unit in US, explore an IPO or spin off, but the German carrier turned down the report (Coll 34). Despite the large number of customers T-Mobile enjoys in U.S, it reported a loss of approximately 77, 000 customers as its rivals the AT&T and Version gained millions of wireless customers (Coll 82). This implies that the company is not growing the way it is expected to. The millions of dollars that were invested in upgrading 3G network as well as its smartphones subsidies cannot be justified. Its network has also been regarded as being inferior in comparison to other wireless companies such as Sprint, Verizon and AT&

Stategic Managment - Board Report on MarketPlace Progress Essay

Stategic Managment - Board Report on MarketPlace Progress - Essay Example Even though the overall performance may not look substantial in the first quarter, market saturation has been acknowledged as one of the factors that led to the projection of these results. According to the financial reports of the first quarter, there has been a weak financial return, a clear indication that the company has long-term focus attributed by stock turnouts (Grünig and Kühn 2011). After the three years in this industry, Tech Nova Company has been considered as the third best in travelers demand with a total return of 448 points after universal and Pineapple computers. However, the marginal difference was quite narrow and can be easily attained. Moreover, the organisation forms the third best overall in market share. While striving to achieve its best competitive edge, the organisation has also put in place mechanisms to catch up with the second best firm before putting more emphasis of competing with the leading company (Dobson 2004). Tech Nova’s market segments are characterized by more emphasis on both workforce and the travelers. However, latest reviews have pointed it out that much more can be generated from the workforce as compared to travelers. In addition, achieving substantial results from both is even easier through adjustments of the previous results. The organisational long-term intention is to venture in to the market for Mercedes because, this is one of the leading firms whose monopoly within the first quarter is an indication of good potential for the market (Betz 2001). From the preliminary results of the first quarter, Tech Nova has been competing only within three markets, but due to the organisational potentials, other markets have been identified. The company can make expansion regionally to areas such as Tokyo and Toronto since only PineApple has been dominant in these areas. The main organisational objective is to expand its market

Interagency disaster management Essay Example for Free

Interagency disaster management Essay Introduction: A disaster can be defined as a serious disruption of the functioning of a society, causing widespread human, material, or environmental losses which exceed the ability of affected society to copy using only its own resources. Disasters are often classified according to their speed of onset (sudden or slow), or according to their cause (natural or man-made). Recent disasters like Hurricane Katrina have exposed the vulnerability of the nation in times of disaster and this has lead to discussions on disaster management. Natural disasters such as hurricanes, earthquakes, tornadoes, floods, ice storms, severe weather, and wildfires can strike any time. They can build over days or weeks, or strike suddenly without warning. Throughout history, people in various parts of the world have suffered due to the unpredictability of natural disasters. Some disasters can be predicted such as floods in valleys, droughts in areas of low rainfall and oil spills in shipping lanes. There can also be manmade unpredictable disasters such as bioterrorism that involves the use of chemical, biological and nuclear weapons. Disaster Management: Disasters are inevitable but the destructive impact of disasters can be substantially reduced by adequate preparation, early warning, and swift, decisive responses. Disaster Management encompasses all aspects of planning for and responding to disasters. It applies to management of both risks and consequences of disasters. However, disasters need to be declared to secure the release of government resources for intervention. Government through its various agencies plays a huge role in such prevention and mitigation. This is done through legislation, through resource allocation and through rational planning and sustainable development. State and local governments are closest to those affected by natural disasters, and have always been the lead in response and recovery. The federal government acts in a supporting role, providing assistance, logistical support, and certain supplies. Local government is responsible for providing for the safety and security of citizens in advance of a hurricane. That means they are in charge of developing emergency plans, determining evacuation routes, providing public transportation for those who can’t self-evacuate, and setting up and stocking local shelters with relief supplies. State government is responsible for mobilizing the National Guard, pre-positioning certain assets and supplies, and setting up the state’s emergency management functions. They are also in charge of requesting federal support though the formal disaster declaration process. Federal government is responsible for meeting those requests from the state – before, during and after the disaster. This includes providing logistical support for search and rescue, providing food, water and ice, establishing disaster centers and processing federal disaster claims, and participating in short and long-term public works projects, such as debris removal and infrastructure rebuilding. National Response Plan: The National Response Plan, published on May 25, 2006, by the DHS, provides an all-hazards approach to enhance the ability of the nation to manage domestic disasters. The plan includes best practices and procedures from incident management disciplines—homeland security, emergency management, law enforcement, firefighting, public works, public health, responder and recovery worker health and safety, emergency medical services, and the private sector and integrates them into a unified structure. It forms the basis of how the federal government coordinates with state, local, and tribal governments and the private sector during incidents. The National Response Plan aims to save lives and protect the health and safety of the public, responders, and recovery workers and thereby ensure security of the homeland. The National Response Plan establishes a comprehensive all-hazards approach to enhance the ability of the United States to manage domestic incidents. It forms the basis of how federal departments and agencies will work together and how the federal government will coordinate with state, local, and tribal governments and the private sector during incidents. It establishes protocols to help protect the nation from terrorist attacks and other natural and manmade hazards; save lives; protect public health, safety, property, and the environment; and reduces adverse psychological consequences and disruptions to civilian life. The Plan identifies police, fire, public health and medical, emergency management, and other personnel as responsible for incident management at the local level. The Plan enables incident response to be handled at the lowest possible organizational and jurisdictional level. The Plan ensures the seamless integration of the federal government when an incident exceeds local or state capabilities. There are some new Coordinating Features in the National Response Plan such as: †¢ Homeland Security Operations Center (HSOC): The HSOC serves as the primary national level multi-agency hub for domestic situational awareness and operational coordination. The HSOC also includes DHS components, such as the National Infrastructure Coordinating Center (NICC), which has primary responsibility for coordinating communications with the Nation’s critical infrastructure during an incident. †¢ National Response Coordination Center (NRCC): The NRCC, a functional component of the HSOC, is a multi-agency center that provides overall federal response coordination. †¢ Regional Response Coordination Center (RRCC): At the regional level, the RRCC coordinates regional response efforts and implements local federal program support until a Joint Field Office is established. †¢ Interagency Incident Management Group (IIMG): A tailored group of senior federal interagency experts who provide strategic advice to the Secretary of Homeland Security during an actual or potential Incident of National Significance. †¢ Joint Field Office (JFO): A temporary federal facility established locally to provide a central point to coordinate resources in support of state, local, and tribal authorities. †¢ Principal Federal Official (PFO): A PFO may be designated by the Secretary of Homeland Security during a potential or actual Incident of National Significance. While individual federal officials retain their authorities pertaining to specific aspects of incident management, the PFO works in conjunction with these officials to coordinate overall federal incident management efforts. The Department of Homeland Security/Emergency Preparedness and Response (EPR)/Federal Emergency Management Agency (FEMA), in close coordination with the DHS Office of the Secretary, will maintain the National Response Plan. The Plan will be updated to incorporate new Presidential directives, legislative changes, and procedural changes based on lessons learned from exercises and actual events. The Department of Homeland Security: In the event of a terrorist attack, natural disaster or other large-scale emergency, the Department of Homeland Security will assume primary responsibility on March 1st for ensuring that emergency response professionals are prepared for any situation. The department is responsible for providing a coordinated, comprehensive federal response to any large-scale crisis and mounting a swift and effective recovery effort. According to the Homeland Security Act of 2002 the mission of the Department of Homeland security is to prevent terrorist attacks within the United States; reduce the vulnerability of the United States to terrorism; and minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States. Biohazards: Biohazards are biological agents or substances that present or may present a hazard to the health or well-being of the worker or the community. Biological agents and substances include infectious and parasitic agents, noninfectious microorganisms, such as some fungi, yeast, algae, plants and plant products, and animals and animal products that cause occupational disease. Generally, biohazards are either infectious microorganisms, toxic biological substances, biological allergens or any combination of the above. Today, biohazards ar also used as weapons of mass destruction in the hands of terrorists – the use of anthrax virus to spread disease, death, fear and panic among the public is a case in point. As such, biohazards not only come under the purview of the CDC (Center for Disease Control and Prevention) but also under Department of Homeland Security.

Law Essays Modes Of Trial

Law Essays Modes Of Trial Modes Of Trial If you were being prosecuted for a criminal offence, which of the following modes of trial would you prefer: Trial by lay magistrates; Trial by professional judge alone; or Trial by judge and jury. When being prosecuted for a criminal offence, a large portion of the final outcome rests on what court tires the case due to the varying procedural and sentencing allowances attributed to each court. The Magistrates Court is classically more informal, probably a reflection of the fact that it deals with 95% of all criminal cases, while the Crown Court, having greater sentencing power, trying by Judge and/or jury, suffers a far more formal procedural policy. In order to adequately determine which mode of trial a defendant would be best to chose, an examination of criminal procedure in the courts of the UK should follow. It should also be noted that the choice is not always available or always clear-cut. A lot of factors, especially the nature of the crime effect, the choice to be made. It is often a question of weighing up what-ifs. All criminal cases concerning persons over the age of 18, therefore legal adults, start in the Magistrates Court, reached by either having a summons or complaint by laying of an information made against you, or following a charge at the police station. The Magistrates Court is made up of either 3 lay magistrates known as justices, or a full-time District Judge (only in criminal matters) who sits alone. The court, when in session by the magistrates, is assisted by a magistrates clerk, one function of which is to assist the lay magistrates by advising on areas of law, as a lay magistrate is only able to judge on fact, knowing no law. A District Judge is a properly qualified solicitor or barrister who sits either as a full time or part time District Judge at the magistrates court and is the tribunal of fact and law unlike the magistrates being ordinary members of the public (Murphy et al, 2005). The nature of the offence determines the court in which the case is heard and thereby the mode of trial and other aspects of criminal proceedings such as sentencing and remand (i.e. bail). There are three possible classifications of offences, summary offence, indictable offence and either-way offences, the last being capable of either a summary conviction or an indictable conviction. When a case is heard in the Magistrates Court, it is tried summarily and once a conviction is made, the conviction is a summary conviction, irrespective of whether or not the offence was an either-way offence. On the same note, when a case is heard in the Crown Court, the defendant is tried on indictment and convicted on indictment. With an indictable offence, the defendant initially appears in the magistrates court where the magistrates determine if based on the facts, they are justified in sending the defendant to the Crown Court under s.51 Crime and Disorder Act 1997. This decision is taken at the first hearing where the magistrates will also deal with the defendants remand status and whether funding needs to be arranged for the case (Sanders and Young, 2000). If the offence is a summary only offence, and the defendant pleads guilty, then the magistrates go on to sentence on the same day or a on later date. This renders the process very expedient. If the defendant pleads not guilty then the matter is adjourned to a later date and a pre-trial review occurs to determine the date at which the summary trial will occur. Pleading guilty may go against common intuition in such instances, yet it may stand in the defendants benefit. A repeat offender may realize that he will not have a possibility of getting an acquittal and to quickly obtain judgment by lay magistrates who can only impose limited sentences would hold benefits over a judge who effectively has no limits on sentencing bar the statutory maximum for the crime. Further, lay magistrates are more personable and may consider aspects of the case that under law would not be an issue, such as the socio-economic background of the defendant, the familial situation and further factors which woul d cause a person to potential veer off track. With a straight cut either-way offence, the Magistrates Court or the Crown Court could deal with the defendant. The decision as to which court to elect is often made by considering the plea before venue (s. 17A Magistrates Court Act 1980) and following, the mode of trial (Murphy et al, 2005). This all occurs at a rather early stage in the game, and often adjournment may be necessary to determine what kind of plea should be indicated. The defence will be awaiting Advance Information from the prosecution (Magistrates Court Advance Information Rules 1985), usually consisting of a summary of the case, charge sheet or summons, copies of witness statements, previous convictions and/or transcripts of the defendants interview under caution. Advance Information is supplied in the case of all either-way offences. It allows the defendant to know the case against them when considering their plea, as the plea will also dictate which court they are tried in and in effect what the maximum sentencing they receive will be. There is no obligation on the prosecution to serve Advance Information with a summary only offence yet, common practice dictates that they do so in order to prevent any possible impact that Article 6 of the Human Rights Act 1999 may have on the case (Sanders and Young, 2000). A mode of trial hearing is usually the most important part of the criminal proceeding for the defendant, bar of course the actual trial, as it has the greatest effect on which court the defendant will be tried in. The procedure for a mode of trial hearing is set out in s.19 of the Magistrates Court Act 1980. The court shall listen to both arguments from the prosecution and defence as to which court would be more suitable and would show particular regard to four qualifying factors. The nature of the case and whether the circumstances make the offence one of a serious character. Whether the punishment that the Magistrates Court could impose would be adequate for the offence committed and if there are any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way as opposed to the other. This last factor remains rather vague and all encompassing and is supplemented by the National Mode of Trial Guidelines setting out to a more specific point what the court should consider. The guidelines consist of general observations and guidance specific to individual offences (Murphy et al, 2005). Overall, the guidelines recommend that a case should be tried summarily unless specific factors apply and the sentencing power of the Magistrates Court is insufficient. If the court opts at this point that a summary trial is more suitable, the defendant can elect to be tried summarily or by a jury yet is warned that if he is tried summarily and convicted, the defendant may be committed to the Crown Court if the magistrates believe he requires a sentence which is larger than the punishment they are permitted to inflict. If the defendant elects a trial by jury at the Crown Court a committal proceeding follows. An election for the Magistrates Court may be a wise choice dependent on the nature of the offence. The magistrates have lower sentencing powers than a jury who is only limited by statute as to the sentence imposed for a particular offence. Magistrates sentencing powers are reflected by the number and type of offences being tried for. One or more summary offences will result in a maximum of 6 months imprisonment. One either-way offence will generate a maximum of 6 months imprisonment as will one either-way offence plus one or more summary only offences. However, two or more either-way offences can result in a maximum of 12-months imprisonment (Hungerford-Welch, 2004). The limits on the power of a Magistrates Court are currently changing under s.154 of the Criminal Justice Act 2003 (proposed implementation 2005/2006). Under s.154 the Magistrates Court will have the power to impose sentences of no more than 51 weeks for any one either-way offence and no more than 65 for more than one either-way offence. The Home Secretary can amend these limits to a maximum of 18 months and 24 respectively (Murphy et al, 2005). If, at the mode of trial hearing in the Magistrates Court, the court decides the trial should be done on indictment, the defendant is sent to the Crown Court for trial, and there is no choice to be made over the mode of trial (Sanders and Young, 2000). If the defendant elects trial (at the mode of trial hearing) in the Crown Court, he will have to go through a committal proceeding as set out in s.6 of the Magistrates Court Act 1980. This can occur in one of two ways, committal with consideration of evidence (s.6(1) Magistrates Court Act 1980) where evidence against the defendant (written only) is considered and if insufficient the defendant is discharged. This however, does not equate to an acquittal and if new evidence comes to light, the defendant can be charged again. A committal without consideration of the evidence (s.6(2) Magistrates Court Act 1980) is the second option and most commonly used, where all written and oral evidence is considered. The first version is only really used when the defence is convinced there is no case to answer (Murphy et al, 2005). This is another consideration the defendant will keep in mind when deciding by whom to be tried as being let off via a committal proceeding would be beneficial but the po tential of a charge being brought again in light of new evidence is not. Finally, the court has one last method to send the defendant to the Crown Court even if charged with summary offences. Under s.41 of the Criminal Justice Act 1988, the magistrates have the limited power to commit the defendant to the Crown Court in respect of summary offences when the court is committing the defendant for trial for one or more offences triable either-way and he is also charged with a summary offence punishable with imprisonment and/or disqualification from driving and the summary offences arise out of circumstances which appear to the court to be the same as or connected with the circumstances of the (or one of the) offences triable either-way (Murphy et al, 2005). Examining the legal procedural system, it seems the case is not clear-cut as to which decision-maker should be chosen. Further examination of the nature of each body would often also be considered by the perpetrator. Conceptually trial by jury may be favourable. The theory stands that a jury will consist of people similar to the defendant, the peers of the defendant and therefore will be able to apply the norms expected of that social group to the judgment. Further, a judge is often seen as a parental figure imposing the law so stringently that he often loses sight of the human element. With 12 voices coming together and debating on common grounds, the defendant may stand a fairer chance of coming away from the situation free. However, it is not often the case that a jury will be 12 individual voices. Richard Dawkins elucidated this point rather elegantly with a comparison to herring gulls. In his field of animal behaviour, a study was conducted by Niko Tinbergen concerning the colour preference of a herring gull. At birth, herring gull chicks peck at a red point on the yellow beak of their parents, which causes the parent to regurgitate any foods consumed that day. Tinbergen was curious to deter mine if the gulls were born with a pre-disposed colour preference to cause them to react to their environment as they did or if the behaviour was a learned one. Regardless of the results of this particular study, Dawkins points out that the interesting facet, with consideration to the jury structure in the UK, was the observation that when all the chicks were placed together in a pen and left to a make a selection, the group would all chose the same colour. The statistical possibility of 12 individuals making the same selection out of a choice of two is one out of 1024 (Dawkins, 1997). In the same respect, a jury of 12, when left to deliberate together, can all be swayed to follow the group decision which could effectively be made by one person. Someone who is strong enough to make a decision in a group with such vocality that it leads, will often be severely opinionated on an aspect of the case. This may cause the defendant to be futility swimming through a trial with little chance of fairness being applied. The best scenario of course would be to segregate all 12 jurors into separate decision-making chambers and collate the choices made by all 12 but perhaps unintelligent jurors or those who merely do not care will be granted too much power. A judge on the other hand has been educated in the law and is more or less free by holding virtual total discretion. The judge can pass any judgment he sees fit to pass limited only by statutory constraints imposed by the offence (and of course the desire to keep his job, much like the political restraints felt by parliament and their apparent sovereignty). The judge will have a standard against which to measure the case at hand built up through years of experience on the bench. The judge will be able to read a trial and to be aware of small details which would illuminate innocence or guilt which a jury would potentially miss in their naÃÆ'Â ¯vetÃÆ'Â ©. If a defendant were innocent then a trial by judge would be the most desirable mode of trial. Especially with a case in which the offence was rather serious. The law is so formulated that a man is innocent until he is proven guilty beyond reasonable doubt. A judge knows this and may stick more rigorously to the letter of the law t han a jury would who could easily be swayed by prosecution gimmicks such as photos of the crime or statistics of the crime in their neighbourhood. If a defendant, however, were to be guilty of a crime then the choice of a trail by judge and jury may stand in favour of the defendant as the emotional ability of the jury could work in his favour. Ultimately, the defendants personal preference will be a consequence largely on the crime and whether or not it was committed by him, i.e. innocence versus guilt. A judge alone would be a desirable choice for the innocent offenders while a jury would be best for a guilty offender. If the option were available for a trial by lay magistrates, this would be ideal due to their restricted sentencing ability and the assurance that at worst a fine and a maximum 12-month retention would be the result (subject to the new legislation being not yet being implemented). References: Broadbridge, S. (2002). The Criminal Justice Bill: Juries and Mode of Trial, Bill 8 of 2002-03. House of Commons Library, London. Dawkins, Richard (1997). Three herring gull chickthe reason juries dont work. The Observer 1997, London. Hoyle, C. and Young, R. (2003) Restorative Justice and Punishment in S. McConville (ed.) The Use of Punishment, Willan Publishing, Devon. Hungerford-Welch, P. (2004) Criminal Litigation and Sentencing (6th Edition). Cavendish Publishing, London. Murphy, P., Murphy, E. and Stockdale, E. (2005) Blackstones Criminal Practice. Oxford University Press, Oxford. Sanders, A. and Young, R. (2000) Criminal Justice (Second edition). London: Butterworths Young, R. and Sanders, A. (2002) From Suspect to Trial in The Oxford Handbook of Criminology 3rd ed. (eds M Maguire, R Morgan and R Reiner), Oxford: OUP, pp. 1034-1075

Impact of Technological Advancement on Agricultural Industry

Impact of Technological Advancement on Agricultural Industry THE IMPACT OF TECHNOLOGICAL ADVANCEMENT ON THE AGRICULTURAL  INDUSTRY IN GHANA AND AFRICA INTRODUCTION 1. Technological advancement in agriculture has brought massive economic and social benefits to the world at large. Current trends also provide some assurance that the necessary growth in food production can be achieved with continued application of modern technology, a fact acknowledged by the Food and Agriculture Organization (FAO) and the United Nations (UN) (FAO, 2009). According to Motes, 2010, individuals in the United States use less than ten per cent of their income on food while many developing African countries including Ghana spend about half of their income on food. This is because of low agricultural productivity with its associated high cost of food items, a fact blamed on traditional system of farming. 2. Traditional farmers use conservative farming processes. The technology and management systems involved are often characterized by lack of access to, or reluctance to use new information about production, management, public or commercial assistance. On the contrary, in modern agricultural systems, farmers apply technology and information to control most components of the system (Motes, 2010). Much success of modern systems depends on the development and maintenance of soil fertility through the specific provision of nutrients when they are depleted; machine power and technology to create soil conditions necessary to promote plant growth with minimal disturbance and soil loss (Motes, 2010). 3. An important modern agricultural technology that has gained prominence and much attention is biotechnology. Biotechnology is a technology based on genetic engineering or modification of crops. It allows the routine development of genetically modified (GM) plants in which Deoxyribonucleic Acid (DNA) from any source can be transferred to specific crops (James, 2001). 4. There are divergent views on biotechnology as a sustainable technology for improved agricultural production. In recent times, concerns have been raised in Ghana about the benefits and/or potential risk of biotechnology and GM food to society. The purpose of this paper is to examine the benefits and risks/adverse effects of biotechnology and GM food to Ghana. This paper will limit its scope to the benefits, potential risks, and policy framework for the implementation of biotechnology and then make some recommendations. AIM 5. This paper seeks to examine the potential impact of biotechnology in the agricultural sector in Ghana and Africa with the view to making recommendations. BENEFITS OF BIOTECHNOLOGY AND GENETICALLY MODIFIED FOOD 6. Biotechnology combines cellular and bio molecular practices to develop technologies and products that aid improve the lives and vigour of our globe. Biological processes of microorganisms have been in use for over 6,000 years to create suitable food products, such as bread and cheese (www.bio.org). It offers opportunities to accelerate the efficiency and extent of further crop improvement by the transfer of genes conferring resistance to pests, diseases, herbicides and environmental stress, as well as quality traits such as improved post-harvest storage, flavour, nutritional content and colour (James, 2001). 7. Biotechnology, varying in scope, scale and practice in many developing countries, is full of entrepreneurial opportunities for the technological progress of the developing world. Its role in the economic transformation of Africa is well noted in academic and public dialogue (FAO 2001). Contemporary agriculture using biotechnology gives massive monetary benefits to consumers by improving living standards as food prices drop. Additionally, it increases incomes because it allows better purchasing power for other consumer goods, education, health care, etc. It is globally known that the growth of modern food system has been vital to the improvement of living standard in today’s world (Motes, 2010). 8. The use of biotechnology to modify the nutritional make-up of crops shows promise as a means for reducing malnutrition in developing countries including Ghana. While currently in research stages, modifications such as these could significantly improve the diets of hundreds of millions of people who live primarily on mono crops (PEW 2004). Also, biotechnology uses numerous processes and skills to change comparatively large, unpreserved and uneatable raw ingredients into more valuable shelf-stable and edible nourishments. This contributes to food security by minimizing losses in the food chain whiles increasing food quality, safety, availability and marketability (PEW 2004). 9. Biotechnology, if effec ­tively harnessed can fundamentally improve farming practice by dropping post-harvest loss whiles increasing crop resistance to drought. The application of tissue culture in the production of bananas for instance, has improved harvests for some farmers in parts of Kenya (Mbote, 2002). In order to reap the benefits of biotechnology, collective political commitment and will from all stakeholders at state and regional level is required to generate adequate funding, institutional reforms to efficiently and effectively promote biotechnology in Africa. 10. Biotech yields have contributed to meaningful reduction in the release of greenhouse gas emissions from agricultural practices. Some biotech crops allow farmers to reduce pesticide use. Others allow farmers to leave crop residue on the land from one planting season to the next, providing a reduction or even elimination of the need to tilt the soil. The ability to leave crop residue from one year to the next also provides a natural â€Å"trap† for CO2 (Brookes et al, 2006). African leaders must build internal capability in science, technology and innovation so as to be able to determine the sustainability of practices associated with biotechnology. 11. Despite the potential benefits of this new technology in improving the reliability and quality of the world food supply, public and scientific concerns have been raised about the environmental and food safety of GM crops. Thus, the successive paragraphs will examine the concerns raised by the public in developing countries including Ghana. POTENTIAL RISKS OF BIOTECHNOLOGY AND GENETICALLY MODIFIED FOODS 12. Biotechnology and GM food are associated with certain risks or concerns. These include food safety, environmental risks, high cost of production and adverse effects on food exports. These are examined in the ensuing paragraphs. 13. Environmental Concerns. The use of biotechnology as a modern method of production has adverse effects on the environment. The technology results in ecological pollution through the accidental gene transmission to weeds, formation of fresh viruses and toxins (Brookes et al, 2006). 14. Food Safety. According to Codex Aliment Arius Commission, 2009, food safety is a technical discipline that delivers guarantee that food will not be harmful to the customer when cooked or eaten according to its intended use. Biotechnology and GM food brings about change in nutritional class of foods, possible toxicity and potential allergy issues, and therefore do not guarantee food security (Uzogara, 2000). 15. High Cost of Production. The cost of production of genetically modified plants and animals are high and need a lot of initial investment. To get back the money that was invested into these productions, governments have introduced the idea of patents. In addition, the seeds harvested are sterile, compelling farmers to always get their supply of seeds from the corporate suppliers (ShaliniBalan 2011). As such growers in emerging nations requiring such seeds have to buy fresh seeds annually from the corporate suppliers owned by the developed nations (Whitman, 2000). The cost involved in such transactions cannot be overemphasised. African leaders must therefore put in place measures to ensure financial sustainability of research and extension services into food items that can be owned locally. 16. Effect on Food Exports. A viable risk of genetically modified organisms (GMO’s) in emerging nations is the likely loss of export opportunities. These might be because some countries protect their marketplace from GMO’s and would not import GM foods. This would lead to an aggravation of the income gap between the rich and poor (ATTRA, 2006). In addition, GM monoculture crops like maize are being harvested for export and not primarily for local consumption. This may result in over dependency on Western companies and affect the life of traditional farmers. Absence of social security system, low harvests may also affect local farmers. The present provision for GMOs therefore endangers local crops and biodiversity (Kaphengst et al, 2013). POLLICY FRAMEWORK FOR IMPLIMENTATION 17. The President of Ghana adopted the Ghana Biosafety Act, 2011 (Act 831) in December 2011 after the passage of the Biosafety Bill by Parliament on 21 June 2011. The Act establishes the National Biosafety Authority (NBA) as the managerial figure that will see to the employment of all issues related to Biotechnology in Ghana. Crops approved by the NBA for confined trials include cowpea, high protein sweet potato, rice and cotton. However, cotton has been approved for field tests in Ghana. Ghana’s biosafety Act is deemed user friendly as it does not comprise any labelling requirements for GM food products or strict liability provisions. The Act creates an enabling environment for the development and commercialization of biotech seeds and crops (Ashitey, 2013). 18. In addition to regulations at the national level, professionals in AU countries have come together with initiatives aimed at guiding or advising biotechnology regulations at the regional-level. These initiatives can be divided into two categories. The first category comprises a basket of initiatives set up by or through networks of scientific researchers and research-based organizations such as national agricultural research centres. Initiatives from the first category are led by and often carry the imprint of the research community. These initiatives include the Association for Strengthening Agricultural Research in Eastern Central Africa (ASARECA). The second category comprises initiatives from regional intergovernmental organizations such as the AU itself, the Southern Africa Development Community (SADC), the Economic Community for West African States (ECOWAS), and the East African Community (EAC). Initiatives of this category tend to have input from researchers, but also invo lve other communities of stakeholders such as citizen groups, industry and policymakers, with scientific civil servants often playing an coordinating role. At the AU level, for example, member countries have accepted what is called the African Model Law on Safety in Biotechnology. This constitutes a guiding framework for regulating biotechnology with a view to protecting Africa’s biodiversity, environment and health (Juma et al, 2007). CONCLUSION 19. Globally, technology has played a big role in developing the agricultural industry. With this technology, plants have been engineered to survive in drought conditions. Through genetic engineering, scientists have managed to introduce traits into existing genes with a goal of making crops resistant to droughts and pests as well as quality traits such as improved post-harvest storage, flavour, nutritional content and colour (para 6). 20. Biotechnology, varying in scope, scale and practice in many developing countries, is full of entrepreneurial opportunities for the technological progress of the developing world. Modern agriculture brings enormous economic and social benefits to consumers by improving quality of life and living standards as food costs decline (Para 7). 21. The use of biotechnology to modify the nutritional make-up of crops shows promise as a means of reducing malnutrition in developing countries. The cluster of techniques that comprise biotechnology can, if effec ­tively harnessed and applied, radically transform farming systems by reducing post-harvest loss and increasing crop resistance to drought. In order to reap the benefits of biotechnology, collective Political commitment and will from all stakeholders at state and regional level is required to generate adequate funding, institutional reforms to efficiently and effectively promote biotechnology in Africa (Para 8 and 9). 22. Despite the potential benefits of biotechnology to improve the reliability and quality of the world food supply, public and scientific concerns have been raised about the technology. These include food safety, environmental risks, high cost of production and adverse effects on food exports. African leaders must build internal capability in science, technology and innovation so as to be able to determine the sustainability of practices associated by biotechnology. Additionally, African leaders must therefore put in place measures to ensure financial sustainability of research and extension services into food items that can be owned locally (Para 10 and 12). 23. The President of the Republic of Ghana signed the Ghana Biosafety Act, 2011 (Act 831) in December 2011 following the passage of the Biosafety Bill by the Ghanaian Parliament, in June 21, 2011. The Act establishes the National Biosafety Authority (NBA) as the administrative body that will manage the implementation of all issues related to Biotechnology in Ghana. In addition to regulations at the national level, professionals in AU countries have come together in different forums and initiatives with the aim of guiding or advising biotechnology regulations at the regional-level (Para 17 and 18). 24. Conclusively, it clear from the above discussion that biotechnology has a potential positive impact on the agricultural industry in Ghana and Africa as a whole and should therefore be adopted for improved agricultural productivity. RECOMMENDATIONS 24. The following recommendations are made: a. There is the need for collective political commitment and will from all stakeholders at state and regional level to generate adequate funding, institutional reforms to efficiently and effectively promote biotechnology in Africa (pa(Brookes et al, 2006)ra 21). b. African leaders must build internal capability in science, technology and innovation to enable them determine the sustainability of practices associated with biotechnology (Para 22). c. African countries must ensure financial sustainability of research and extension services in biotechnology related activities (Para 22). NB ADOMBIRE-AKOLOGO Captain Student 1 RESTRICTED

Authentic Grasp of Being Essay -- Philosophy Existentialism Martin Hei

Authentic Grasp of Being Martin Heidegger provides an interesting lesson about what must be done to authentically grasp the nature of being in Being and Time. The focus of being in his book is the unique individual human consciousness referred to as Dasein, and authenticity is regarded as that which accords with Dasein’s own self, including its history, present concerns, and future possibilities. The thesis of this paper is an interpretative one: the path to authentically grasping one’s own being requires first disregarding philosophical history regarding being and then understanding one’s own presuppositions. More fully, the phenomena that give rise to examining ontology must be analyzed, which means that one must not simply start with philosophers’ assertions; then one must understand his or her own manner of dealing with being to understand his or her own presuppositions about being, and it will be seen how the presence of all presuppositions cannot be removed. The first part o f this paper will discuss section six, â€Å"The Task of Destroying the History of Ontology,† and the second part will discuss section 32, â€Å"Understanding and Interpretation.† It will conclude with a brief return to the concept of authenticity. The Task of Destroying the History of Ontology Heidegger comes upon the need to destroy the history of ontology as he begins his inquiry into the nature of being. What he first intends to do is understand how the question of being has been answered throughout the history of philosophy and then appraise this body of answers to see how our philosophical starting point may help or hinder us. Heidegger reviews an extensive amount of work, but he believes that it all falls short of understanding being. Worse than... ...what it must be like to authentically grasp our being. First (section six), nothing is gained by being spoon-fed empty statements about general concepts of being, so we must strip away ontological assumptions provided by the history of philosophy. Second (section 32), it is clear that we are not stripping away all assumptions, but we are looking to ourselves to find the groundwork. If we are finding what is within ourselves, then we are grasping the authentic; if we are using knowledge of ourselves to inquire into being, then we are making an authentic attempt at understanding being. Apparently, the historical attempts to remove all presuppositions are what led to the failure of the long human tradition that has tried to understand being. Bibliography Heidegger, Martin. Being and Time. Trans. John Macquarrie and Edward Robinson. New York: Harper & Row, 1962.