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Thursday, September 3, 2020
Harley Davidson Motor Company Strategy Analysis
Harley Davidson Motor Company Strategy Analysis Presentation This report plans to assess the key alternatives accessible to the Harley Davidson association. Harley Davidson Inc. has two operational portions, bike and financing. Harley Davidson Financial Services (HDFS) offers advances, cycle protection and insurance intends to address the issues of their proprietors, while the cruiser section structures, delivers and markets basically heavyweight visiting, custom and execution bikes. It likewise makes bike parts and embellishments, rigging and attire. The organization is the main significant American maker of cruisers and works all inclusive, with deals for the most part in North America, Europe, Asia/Pacific and Latin America. In spite of the fact that in the past the organization has encountered development and proceeded with progress, ascribed to its image unwaveringness, in 2009 Harley Davidson (H-D) needed to close down and unite production lines because of the impacts of the downturn and the fall of the US lodging market. Key alternatives must be created after the companys vital position is known. Along these lines the principal segment of the report utilizes apparatuses and ideas to decide H-D vital position. Considering the companys vital position vital alternatives are then defined; this is introduced in segment 2. The third area of the report at that point utilizes the achievement measures model introduced by Johnson, Scholes and Whittington in corporate procedure, as a premise to assess the vital choices introduced and suggestions are made. THE STRATEGIC POSITION OF HARLEY DAVIDSON INC. This area of the report is worried about understanding the vital situation of Harley Davidson Inc. while trying to plan key alternatives for the organization. It initially distinguishes the progressions that are happening in the earth and how these progressions influence H-D and its business exercises and second the asset quality and capacities of H-D. 1.1 The Environment So as to comprehend the earth which H-D works in the accompanying structures are utilized with the point of assisting with distinguishing key issues and difficulties and methods of adapting to intricacy and change. 1.1.1 Pestle Analysis In 2009 H-D remained to pick up from the Economic Stimulus Package, went into enactment by the Barack Obama Administration. The government upgrade bundle gives citizens breaks on the off chance that they buy another vehicle, light truck, RV, or bike. Moreover, Coachman enterprises additionally a producer of relaxation vehicles and a contender of H-D was dispensed with from the New York Stock Exchange.(Wachter 2009). As indicated by the Datamonitor report: The cruiser business portion has had financial development for as far back as three years, and has as of late been encountering decrease. In 2007 it declined 2.3%, yet is estimated to recuperate 4.3% by 2012. A financial factor in favorâ of H-D, in spite of this decrease, is that the U.S. industry created complete incomes of $10.2 billion of every 2007, of which 98.8% were of bikes (not bikes, minibikes, and so on.). Besides, inside the U.S. economy H-D holds most of cruiser deals. Subsequently, even while industry development is declining, H-D deals and other bike deals are as yet proceeding to increment. The Motorcyclye Industry Council (MIC) uncovers that recreation item businesses are confronting steep decrease anyway the bike section however declining ,isn't doing as such at a precarious rate. Tim Buche, President of the MIC says Overall bike deals were down 7.2%, not close to as sharp a decrease the same number of other shopper items in todays economy (Wasef 2009). Socially H-D has a serious edge which is owed to its client base, solid brand unwaveringness and segment patterns, for example, the increse in female administrators. This steadfastness is shown in the normal period of H-D shoppers. H-D normal shopper purchasing age is 42 years of age and expanding (Gauvin 2005). H-D tries to expand its shopper socioeconomics, anyway à ¢Ã¢â ¬Ã¢ ¦although the more youthful age beneath 35 years old has posted the biggest increases in proprietorship, the age that is on the edge of the person born after WW2 section will be the principle impetus of development for the business (Koncept 2007). One social factor that may contrarily influence the offer of H-D motocycles is the disgrace that has been joined to these recreation vehicles. Alot of individuals accept that cruisers are hazardous and this conviction is reinforced because of the high pace of bike fatalities and accidents. H-D has the possibility of getting away from this defamation if the open perspectives their bicycles as cruisers and not speed bicycles. Mechanically H-D can exploit electronically monitored slowing mechanism frameworks. Automated stopping devices could assist riders with maintaining a strategic distance from deadly crases as indicated by an examination done by the protection business. 1.1.2 Porters Five Forces Model Contention H-D works inside the Recreational Vehicles industry alongside five other significant contenders: Winnebago, Polaris, Thor, Arctic Cat and Marine Products, the top entertainers inside the business which holds 92% of the piece of the pie by volume with a market capitalization of 64.653 Billion of a complete Industry of 7 Billion. Different firms in various businesses that are immediate item matches incorporate Honda Motor Company Limited, Yamaha Motor Co, Ltd., and Suzuki Motor Corporation (Appendix 1). The nearness of these enormous global enterprises with particularly high resources helps the level of competition inside the business. As a result of the modest number of material adversaries, the business sectors income is shared between less firms and improves the level of contention for main concern benefit. This contention powers most contenders to attempt to differentiate their plans of action through geological development or vertical extension, prompting premiums and interests in an assortment of different fragments, for example, the car, watercraft, modern and cultivating hardware territories. (Datamonitor 2004). Danger of Substitutes The Recreational Vehicle industry faces dangers from the Automobile Industry, from open transportation choices and bikes. The danger is generally reliant on the essentialness of cruisers and other way of life items to the end user.(Datamonitor 2008). In most created nations, bikes are recreation things and are not a need and are in this manner generally unimportant or substitutable by increasingly down to earth things, for example, vehicles or more financially savvy methods for transportation, for example, bikes. This absence of need builds the danger of substitutes and is one of the significant reasons why the outer market goes into decay during monetary downturn. Purchaser Power Generally, purchaser power is low because of economical upper hand of item separation which is inconceivable for other brand contenders to coordinate. Provider Power Enormous worldwide partnerships, for example, Harley-Davidson can get materials from various global providers and face low exchanging costs because of insignificant item separation. This nearness inside the global market helps Industry pioneers power. Generally, provider power is moderate. Danger of New Entrants In general, this danger is moderate because of high set up costs, high brand acknowledgment, client devotion and high innovative work costs. 1.2 Resources Strength and Capabilities Authoritative Resources H-D has a proper structure that works for the organization: decentralized, master groups and administration circles that esteem worker input. Projects they use to plan, report and track stock and creation incorporate their Supply Management Strategy framework (SMS), Vibration Tech PdM innovation frameworks, just as their online H-D Distribution provider arrange that furnishes merchants with an abundance of data about flexibly and request inside the organization. Physical Resources The Harley Triangle gives a premise to following and observing the organizations physical assets. Area and Sophistication of the board and the ability of assembling staff and different representatives is the key in getting to crude materials, obtainment and upkeep identified with assembling gear. H-D plants are smoothed out and very much kept up, which is a center asset for H-D. Mechanical Resources H-D has numerous mechanical assets: including various brand name Patents, Trademarks, and Copyrights which ensure its notoriety and picture. HR/Capital Trust, Knowledge, Managerial capacities, just as authoritative culture are H-Ds most important HR. The organization culture, gives H-D a significant upper hand. Representatives and providers realize their info is esteemed and invest wholeheartedly in their work. Individuals included are enthusiastic about the brand and this enhances the organization. Development Resources Worker and provider, just as administrations thoughts are tremendous assets for H-D, as these individuals know the business and know its latent capacity. Since there are such an assortment of sources of info, H-Ds ability to improve and make/grow new item isn't dependent upon stagnation or oblivious compliance. Be that as it may, H-D attempts to remain consistent with its specialty market, and this makes a few limits for creative thoughts. Reputational Resources Notoriety with clients, brand name, impression of item, and notoriety with providers are largely gainful to H-Ds tasks, and keep clients faithful to the item. Communications and connections are worried at H-D so as to guarantee quality workmanship and commonly advantageous cooperation in all phases of creation. Capacities Intentionally Integrated Technological Resources H-D guarantees that all procedures and exercises all through its worth chain are coordinated utilizing electronic SMS frameworks, standardized identifications, and reports that empower its JIT stock stream. This permits creation to stream easily. Assembling H-Ds JIT stock force framework implies that it more likely than not smoothed out assembling capacities. H-D does this by guaranteeing quality contributions to its assembling plants, stream creation strategies, and all around looked after gear. H-D
Saturday, August 22, 2020
10 Awesome Resume Tips From The People of Reddit
10 Awesome Resume Tips From The People of Reddit Contingent upon what youââ¬â¢re visiting the site to discover, Reddit can beâ⬠¦a diverse assortment. The best piece of Reddit: anybody can say something regarding any subject. The most noticeably terrible piece of Reddit: anybody can say something regarding any point. That implies you get incredible data and guidance blended in with individuals who donââ¬â¢t hear what theyââ¬â¢re saying, or are only there to work up issues. In the event that youââ¬â¢re searching for continue tips, weââ¬â¢ve assessed a portion of the consuming inquiries on/r/continues, and discovered some amazing guidance there. Letââ¬â¢s take a gander at probably the best hits: 1. How might I make my resume pop?Three words: rearrange, streamline, improve. Making your resume simple to peruse (set headers, brief clarifications, clear visual cues) can help get you in the ââ¬Å"to interviewâ⬠heap and out of the ââ¬Å"tl;drâ⬠pile.2. What should I remember for a resume when Iââ¬â¢ve n ever had a vocation before?This Redditor recommends accentuating scholastic achievements (GPA, important classes, degree), chipping in understanding (all things considered, it is understanding), and specialized skills.3. How would I list various situations at the equivalent company?If the employments were drastically unique, you can isolate them out and treat them like separate occupations. In the event that theyââ¬â¢re comparable positions, focus more on the top-line achievements and skills.4. Should I incorporate an introductory letter in any event, when itââ¬â¢s not requested?This Redditor suggests making it work. Itââ¬â¢s an approach to give more data about yourself, and can assist you with hanging out in a jam-packed candidate pool.5. Should I utilize a conventional resume group or an inventive one?It can be enticing to need to utilize a fun new organization, however all things considered, customary is ideal. The imagination focuses you score for utilizing something ir regular may be offset by the disturbance to the readerââ¬â¢s normal assessment process.6. The entirety of my experience so far is from working at my familyââ¬â¢s business-will this assistance or hurt?Basically, experience will be understanding, and as long as you have the right stuff and experience you requirement for the new position, you ought to be acceptable to go.7. I have 20 years of experience. Should I do a two-pager?Not in the event that you can support it. In the event that you can, gather the most significant features into one resume page. The one-page rule is about meaningfulness and the peruser, not about the writerââ¬â¢s experience.8. How would I list schools when I didnââ¬â¢t graduate?This can be dubious individuals donââ¬â¢t graduate for an assortment of reasons, however you despite everything need to incorporate that you went to school on your resume. Have a go at utilizing words like ââ¬Å"attended,â⬠or ââ¬Å"took X credits toward a Bachelorà ¢â¬â¢s degree.â⬠Just donââ¬â¢t propose that you have a particular degree in the event that you donââ¬â¢t, in light of the fact that that can land you in high temp water. Turn is alright. Lying isnââ¬â¢t.9. In this computerized age, do I despite everything need to remember my physical location for the header?Short answer: yes. Itââ¬â¢s convention, however it likewise may be a factor for continue filtering projects to see whether competitors are local.10. Do I notice why I quit my last job?One Redditor puts it briefly: ââ¬Å"First you get the date, at that point you let them know youââ¬â¢re divorced.â⬠You donââ¬â¢t need to set off any warnings before you even get a meeting. Itââ¬â¢s fine to keep it dubious in a resume or introductory letter, however you ought to be set up to discuss it in a meeting if important. (What's more, consistently, consistently keep it sentiment unbiased. A meeting for a new position isn't a venting exercise for the last one .)
Friday, August 21, 2020
Two Wheelers In India Marketing Essay
Bikes In India Marketing Essay Riding a bike gives once a felling of opportunity and getting a charge out of the common magnificence. In India bikes are commonly favored on account of their conservative sizes reasonable procedure, low support and simple advance reimbursement. On the off chance that we see Indian lanes they are commonly topped off of bikes. Theâ trendâ ofâ owningâ two wheelersâ in India isà dueà toà aà varietyà ofà facts.à Oneà ofà theà chiefà à isà poorà publicà transportà inà manyà partsà ofà India. à Additionally,à two-wheelersâ offerâ aâ greatâ dealâ ofâ convenienceâ and versatility forâ the Indianâ family. India is the third biggest maker of Two wheelers on the planet it come only close to Japan and China. In most recent couple of years the Indian bikes industry has got marvelous development. Bike industry in India has a little start in mid 50s. The Automobile Products of India (API) began fabricating bikes in the nation which was later taken over by Bajaj Auto. Albeit different government and private endeavors entered the quarrel for bikes, the main new player that has endured till today is LML. The cruiser fragment of India was at first ruled by Escorts175cc bicycle and Enfield 350cc bicycles. In mid 80s the bike showcase was opened to remote rivalry. What's more, the then market pioneers Escorts and Enfield were gotten ignorant by the surge of the 100ccâ bikes of the four Indo-Japanese joint endeavors. With the accessibility of eco-friendly low powerâ â bikes, interest for this expand which brings about Hero Honda then the main maker of four stroke bikes(100cc classification), increasing a top space. The primary Japanese cruisers were presented in the mid eighties. TVS Suzuki and Hero Honda acquired the initial two-stroke and four-stroke motor bikes separately. à TVS Suzuki and Hero Honda at first began with gathering of CKD packs which later on advanced to indigenous assembling. During the 90s the Japanese cruisers has acquired significant development for bike section , which developed at aâ rate of almost 25% CAGR in the lastâ five years. The bike business had a smooth ride during the 50s, 60s and 70s when the Government has denied new sections and controlled limit extension carefully. In 80s the business saw an unexpected development and a pinnacle volume of 1.9 mn vehicles. The whole car industry saw an extraordinary fall sought after in the year 1990 which brought about decrease of interest by 15% in 1991 and 8% in 1992, bringing about a creation loss of 0.4mn vehicles. Legend Honda indicated a minimal decrease in 1992 and all the significant makers experienced downturn in Fy 1993-1994. The explanations behind downturn in the area were high information costs , unremitting ascent in fuel costs and discounted buying intensity of the i ndividuals because of noteworthy ascent when all is said in done value level and credit crunch was there customer financing. Later with improvement of financial circumstance, deals ofâ two wheeler expanded increased.â In the last eight to ten years, the two-wheelerâ market has seen a move from bikes to bikes. Especially in the rustic regions, shoppers have begun favoring sturdier bicycles to withstand the terrible street conditions. Key Factors influencing deals of Motorcycles: The different variables which impact the deals of bikes are Petroleum Prices-As they decide the running expense of the vehicles so change in the estimating approach of Government of India will affect bikes deals. Improvement in extra cash positively play a multiplier impact on the requests of purchaser durables. Simplicity on the accessibility of credits will prompts increment popular of bikes. Key players inâ the Two-wheeler Industry: There are numerous bike makers in India the significant players are as per the following: Legend Honda Motors Ltd (HHML) - Bajaj Auto Ltd (Bajaj Auto) and - TVS Motorà Company Ltd (TVS) Dynamic Motor Company Ltd(KMCL),à à Yamahaà Motorsà Indiaà Ltd(Yamaha), Regal Enfield Ltd (REL) and Honda Motorcycle Scooter India (P) Ltdà (HMSI). Different bicycles models: 100 cc bicycles section: The bicycles in this section are commonly basic and are very little costly and their principle target clients are center salary individuals. These bicycles devour less fuel as they have 100 cc engine and they are reasonable for voyaging longer separation. The bicycles in 100 cc are most properly can be said as an incentive for cash. The different contending bicycles in this portion are : - Bajaj Discoverâ 100, Bajaj Platina 100, Legend Honda Passion Plus, - Hero Honda Splendor Plus and Yamaha Crux TVS STAR City We are going to look at the accompanying referenced models: Bajaj Discoverâ 100 Saint Honda Splendor Plus Yamaha Crux TVS Centra Bajaj Discover 100 Brand Name Bajaj Discover Parent Company Bajaj Auto Classification Cruiser Division Bike Automobile Slogan/Slogan Find India with the intensity of 1 liter USP It give great mileage Brand Ambassador Development: Bajaj Discover is a cruiser brand possessed by Bajaj Auto in India. It was propelled in 2004 and from that point forward it was an enormous accomplishment in bike portion and can be appropriately called workers bicycle. It has a second era DTS-Si four stroke motor. Find gives high force and high torque which can deliver up to 7500 rpm and torque of 5000 rpm. Bajaj has propelled 100cc Discover DTS-Si which has second era motor and give a normal of 75km/hr on street speed in city and 83km/hr on thruways and being named as significant distance Bike. It has 5 transmission apparatuses to give steady transmission. The Bajaj Discover DTS-Si will be accessible in four shading i.e red, blue, profound dark and green. Bajaj Discover DTS-Si 100cc has unequaled sturdiness as the various Discoverâ bikes in india. A portion of the exceptional plan highlights of this bike are LED tail-light, composite haggles all dark introduction with appealing chrome styling components. This recently propelled Bajaj bike is stuffed to convey unparalleled execution through polycot cylinder with the solid Discover organization and yielding total solace differed highlights like ergonomically planned seats.â Highlights: Electric beginning framework Longest wheelbase in the whole fragment Full DC electrical framework Auto gag that helps in simple beginning Nitrox suspension that makes riding agreeable even on unpleasant streets Upkeep free battery alongside charge pointer 5 speed gear box Target Segment: Bajaj Discover is for the most part focusing on the lower white collar class individuals who look an incentive for cash and need a bicycle that give great mileage and look snazzy. Target Group: Youth of white collar class in age gathering of 25-35 years. Situating: A bicycle that can be utilized for investigating new roads. SWOT ANALYSIS OF BAJAJ DISCOVER SWOT Quality 1.Strong brand name and tremendous marketâ 2.Excellent dispersion through franchiseesâ 3.Most dependable for Indian streets as it requires low support 4.Good mileage Shortcoming 1. Spotlights on just mileage Opportunity 1. Extension in country and level 2 citiesâ 2. Developments in innovation Dangers 1. New entrantsâ 2. Competitorsâ 3. Ease bicycles Legend Honda Splendor Brand Name Legend Honda(Hero MotoCorp) Splendor Parent Company Legend Honda Class Bikes Part Bike Slogan/Slogan Yaari ki Gaadi; Desh ki dhadkan USP A bicycle with low upkeep and great mileage Brand Ambassador The biggest bicycle production of nation Hero Honda has got excessively rich and top rated bicycle in its steady that isà Hero Honda Splendor, the all out variation of the brand are 4. Saint Honda has as of late updated itsà Hero Honda Splendorà Super model and the new bicycle is evaluated at Rs. 45950 in Delhi. Legend Honda propelled its lead modelà Hero Honda Splendorâ in the year 1994 and it carry name and distinction to the organization quickly since the dispatch. Simply after a hole of 6 years,à Hero Honda Splendorâ was announced World No. 1 biggest selling single bike model. The fundamental model of theà Hero Honda Splendorâ was having just standard hardware just yet innovation was marvelous accordingly the bicycle made records after records of selling. In the year 2003, Hero Honda overhauled the essential model ofà Hero Honda Splendorâ and propelled a patched up rendition named as Hero Honda Splendor Plus which additionally observed a major achievement. The organization declared to sell the fundamental and improved model one next to the other yet stopped the previous quietly after at some point. Presently onlyà Hero Honda Splendorà Plus form is accessible in advertise. Theà Hero Honda Splendorà Plus is fueled by an air cooled, 4 stroke, single chamber OHC motor with 97.2 cc of dislodging. The motor produces top intensity of 7.4 bhp at 8,000 rpm and beat top torque of 7.95 Nm at 5,000 rpm. It utilizes world class suspension and brakes which can be called as the USP of Hero Honda bicycles in India. The new symbol ofà Hero Honda Splendorâ sports combination wheels, pass light, protective cap lock and helpful pointers switch. The organization further redid theà Hero Honda Splendorâ brand and propelled Hero Honda Splendor Super in the year 2005. It is a greater machine than its antecedents. The bicycle is stacked with 125cc, 4-Stroke OHC, Single Cylinder, Air Cooled motor which stirs most extreme intensity of 9 bhp at 7,000 rpm while belts out 10.35 Nm of pinnacle torque at 4,000 rpm. Different changes on this bicycle incorporate, self beginning, greater motor, more extensive wheelbase and bicycle weight. The most recent contribution in the Hero Honda stable is Hero Honda Splendor NXG which was propelled in the year 2007. Fundamentally the bicycle was planned and propelled focusing on youth accordingly more designs, self beginning, compound haggles look. Without precedent for Hero Honda history, it included self beginning alternative, following a time of the dispatch, to a passage level bicycle alongside dark combination wheels. Likewise, ne age Pro Series Engines is incorpo
Friday, June 12, 2020
An outline of the Community Service Order - Free Essay Example
109528 Formerly known as a Community Service Order introduced by the Criminal Justice Act 1972, a community punishment order[1] is now regulated by the Powers of Criminal Courts Act of 2000. The aims of a community punishment order is solely to reform the offender whilst he/she remains in the community, allow an opportunity to reflect on the criminal act for which s/he has been sentenced, the order is a method of rehabilitation preventing the offender from falling into a life of criminal activity and is also reparative to the public (particularly the victim).[2] The order, defined by s.163 of the PCC (2000) requires the convicted offender to spend time on unpaid work for the benefit of the community for a period between 40 to 240 hours. The offender is supervised whilst undertaking this work by a member of the youth offending team, a social worker, or a member of the probation service. As outlined in s46 of the PCC(S) Act (2000), the minimum age for a young offender to be sentenced to a community punishment order is 16. It is an alternative to a custodial sentence for the juvenile who having committed the offence, and found guilty of it, would otherwise be sent to a young offenderà ¢Ã¢â ¬Ã¢â ¢s institution. For those under the age of 18, the Youth Justice Board would be responsible for locating secure accommodation for the committed juvenile. The other criteria for this sentence is that the court is satisfied by pre-sentence reports of the offenderà ¢Ã¢â ¬Ã¢â ¢s ability and suitability to carry out this form of punishment and also à ¢Ã¢â ¬Ã¢â¬Å" there is somewhere suitable and a type of unpaid work available for the punishment to be carried out.[3] The Youth Justice Board was created by the Government in the provisions set out in the Crime and Disorder Act of 1998. With no specific body responsible in dealing with juvenile crime, the Government set out to create a Youth Justice Board responsible for both the operation and the provision of youth justice services.[4] The Boardà ¢Ã¢â ¬Ã¢â ¢s primary aim as set out in s.37(1) of the CDA was to à ¢Ã¢â ¬Ã
â..prevent offending by children and young personsà ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã [5] When sentencing a young offender, consideration of the young personà ¢Ã¢â ¬Ã¢â ¢s welfare needs (as outlined in s44 of the Children and Young Personà ¢Ã¢â ¬Ã¢â ¢s Act 1933) will be paramount but other considerations such as protecting the public from further harm, reforming the offender from committing further acts of crime and allowing the public (including the victim) to have confidence in the criminal justice system will also be taken into account.[6] The youth court will not recommend a community punishment order unless it can be certain that this is the right path for the young offender to reintegrate himself into the community and is convinced that a custodi al sentence would only seek to destroy this reintegration. The court must also be sure that the young offender will be able to carry out the punishment of unpaid work, for it is not an easy option as commonly quoted by young people and the public itself. According to Cavadino and Dignan in 1997,[7] community punishment orders were used as an aid to reducing the prison population, and as discussed later, the very scope of community punishment has been reflected as being à ¢Ã¢â ¬Ã
âinsufficiently punitiveà ¢Ã¢â ¬Ã . [8] However, once the courts have sentenced the young person to a community punishment order, it is then up to the agencies responsible for the supervision of the young offender to be careful in ensuring that no conflicts of timing are made in respect of the personà ¢Ã¢â ¬Ã¢â ¢s religious beliefs or any work/schooling schedule.[9] A convicted teenager may well view his sentence in this respect as being of relative ease to him, considering heavy demands of unpaid à ¢Ã¢â ¬Ã
âworkà ¢Ã¢â ¬Ã will not interfere with his à ¢Ã¢â ¬Ã
âhecticà ¢Ã¢â ¬Ã scheduleà ¢Ã¢â ¬Ã . Indeed, Davies et al in their 1996 text on Criminal Justice illustrated the contempt some magistrates demonstrated on the very à ¢Ã¢â ¬Ã
âpunishmentà ¢Ã¢â ¬Ã they had passed sentence on.[10] à ¢Ã¢â ¬Ã
âà ¢Ã¢â ¬Ã ¦Ità ¢Ã¢â ¬Ã¢â ¢s not structured enoughthey come and go as they pleaseà ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã à ¢Ã¢â ¬Ã
âThey tend to lose credibility when we have breach hearingsà ¢Ã¢â ¬Ã ¦you hear how the administrator has bent over backwards in accepting excuses (in not completing the work allocated to them)à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã This view counters the very aim of community punishment orders, in that they are supposed to have a à ¢Ã¢â ¬Ã
âjust desertsà ¢Ã¢â ¬Ã tag attached to them when they are handed down, or to simplify, are meant to punish the offender for his criminal activity. However a young offender is to be punished for his criminal behaviour, the primary aim of the agencies involved has always been the welfare of that very individual, on account of his à ¢Ã¢â ¬Ã
âchildà ¢Ã¢â ¬Ã status. Society and the courts in modern times have recognised that the influences and actions a child participates in before adulthood will usually impress upon him through adult life, which is why the youth courts have to be careful in how they dispense justice upon a convicted young offender in relation to a community service sentence. It is the requirement of the Youth Justice Board and the associated Young Offenderà ¢Ã¢â ¬Ã¢â ¢s Teams to prevent acts of crime before a child is immersed so deeply in criminal activity or an offence committed is so serious that it is only a matter of time before a youth court hearing is inevitable. Prosecution is viewed as a à ¢Ã¢â ¬Ã
âlast resortà ¢Ã¢â ¬Ã leaving many victims in despair as the youth continues t o offend depending on his attitude to the à ¢Ã¢â ¬Ã
âsoftly, softlyà ¢Ã¢â ¬Ã method. This rehabilitative approach has often been seen as treating offenders with à ¢Ã¢â ¬Ã
âkid glovesà ¢Ã¢â ¬Ã or condoning the anti-social behaviour of young offenders. Indeed, there are many steps to encounter before a juvenile may find himself in front of a youth court, including programmes such as mentoring, a parenting order where the offenderà ¢Ã¢â ¬Ã¢â ¢s parents attend classes on how to improve their disciplinary skills and activities for young people (which have often been reported in the media as rewarding bad behaviour with free outings and holidays). According to the youth justice board[11], these preventative activities are to re-educate the young offender, to re-engage teenagers in their local community in regards to education, employment or training and to encourage them in developing their own role as an individual with understanding to their actions and behaviour. It is recognised in a survey conducted by MORI[12] that young offenders, who are low achievers academically or have been sidelined from the compulsory education system, are the group most at risk in their likelihood to commit crime. When conducting their survey, MORI discovered that peer pressure and committing crime because it was à ¢Ã¢â ¬Ã
âfunà ¢Ã¢â ¬Ã or because they were à ¢Ã¢â ¬Ã
âboredà ¢Ã¢â ¬Ã were among the greatest reasons why the offender decided in their actions to illicit criminal activity.[13] So what are the alternatives available if the preventative actions should fail, and the offender before a youth court is deemed unsuitable for a community punishment order? Close in range to a punishment order is community rehabilitation and punishment orders whereby the offender is required to undertake the following: to be of good behaviour and lead an industrious lifeà ¢Ã¢â ¬Ã ¦ to inform the supervisor of changes in address, or employment; and to comply with the supervisorà ¢Ã¢â ¬Ã¢â ¢s orders for visits and in reporting to the officer when required. The above as outlined in Emmins on Criminal Procedure[14], are standard requirements of the offender, and are available for a period between six months to three years. It must be noted that these orders are only for à ¢Ã¢â ¬Ã
âmatureà ¢Ã¢â ¬Ã teenagers over the age of 16 years, where it is hoped they à ¢Ã¢â ¬Ã
âappreciateà ¢Ã¢â ¬Ã the opportunity being given them as a chance of rehabilitation from a life of crime (with the possibility of a custodial sentence). In all essence though, this order is to be seen as a deterrent with a means of protecting the public from further harm by the convicted youth. Other community based punishments are available for the courtà ¢Ã¢â ¬Ã¢â ¢s consideration, depending on the offenderà ¢Ã¢â ¬Ã¢â ¢s suitability, and age, though they are not dependant on the element of unpaid work for the duration of the sentence. We will consider each of the following in turn. A curfew order is a requirement for the offender to rem ain in a specified place for a number of hours as agreed by the court. Usually in the form of an à ¢Ã¢â ¬Ã
âelectronic tagà ¢Ã¢â ¬Ã to ensure the offender complies, this order is regulated by the PCC (S) Act 2000, s.37 and is available in youth courts. It is often viewed as a restriction of liberty, regulating movements of the offender, though this type of punishment is not solely used for an offence which is normally punishable by imprisonment. The curfew order has a maximum duration of six months, and is extendable for a monitoring period of between two to twelve hours daily (half this if the offender is aged under 16). Theoretically, according to Stone in his sentencing text, this could add up to a punishment total of 2,184 hours, 9.1 times the length of a community punishment order.[15] Primarily used in youth courts, attendance centre orders has attracted little controversy since their inclusion as a community based punishment, originally under the Criminal Justic e Act, 1991.[16] It is not extensively used, as it has a limited age range, and little is required of the offender apart from attending a centre during his/her free leisure time, presumably to prevent them from being à ¢Ã¢â ¬Ã
âboredà ¢Ã¢â ¬Ã and being pushed into further acts of criminal activity by their own mindset or peer pressure. The order can be made for a period from twelve up to a maximum of thirty-six hours for a youth between the ages of 16-20 years. Supervision orders introduced by the Children and Young Persons Act, 1969 is a flexible method of à ¢Ã¢â ¬Ã
âpunishmentà ¢Ã¢â ¬Ã and has a wider scope for pertaining to the complex needs of young offenders. Stone[17] argues that it is an appropriate sentence when the individual on the receiving end has complex needs and requires in-depth assessment. This may be more useful when there are à ¢Ã¢â ¬Ã
âreasonsà ¢Ã¢â ¬Ã behind the criminal act, and the individual has behavioural problems that is not only limited to being subject to influence by their peers, or because they were à ¢Ã¢â ¬Ã
âinactive and boredà ¢Ã¢â ¬Ã . However, the negative aspect to this sentence is that an individual cannot be changed à ¢Ã¢â ¬Ã
âovernightà ¢Ã¢â ¬Ã when the supervision order is for a limited period of duration. Also, several agency initiatives, such as social workers, police and probation officers need to collaborate with each other to ensure the aims of the order are being met. With stretched resources; this is less likely to happen. Under s69(3) of the PCC(S)A 2000, a sentence can be passed in the form of an Action Plan, if the court is satisfied that this would be the appropriate means to rehabilitate and prevent the commission of further criminal acts by him/her. This is only available to offenders under the age of 18, and cannot be used in conjunction with any other community based sentence. Available for a limited period up to three months, the juvenile attend s meetings twice a week under the National Standards for Youth Justice guidelines. Under s 69(1)(b) of the 2000 Act, the offender is placed under the supervision of an appropriate officer, and must comply with that officerà ¢Ã¢â ¬Ã¢â ¢s requests in order for the plan to be implemented to a successful conclusion. The action plan order has an element not attached to any other community based orders in that the offender must comply with the courtà ¢Ã¢â ¬Ã¢â ¢s/officerà ¢Ã¢â ¬Ã¢â ¢s demands that he/she stay away from a named area and arrangements for his/her education must also be satisfied, presumably that the offender maintains a good attendance record and behaves accordingly to that effect. Also the court has an option to fix a review hearing to check on the progress of the juvenile concerned. This shows that the courts may not always be convinced of the action planà ¢Ã¢â ¬Ã¢â ¢s objectives if its officials require reassurance that the plan has rehabilitated the o ffender.[18] Fines are a means of monetary punishment to remind the offender that he has done wrong (R v Olliver, 1989)[19], though the negative aspect of this is that fines usually have to be à ¢Ã¢â ¬Ã
âchased upà ¢Ã¢â ¬Ã through the court bailiffs if they are not paid, and if the offender is under 18, then the duty falls to the parent to pay, where in reality this is punishing the à ¢Ã¢â ¬Ã
âinnocentà ¢Ã¢â ¬Ã party who is not in the dock for the crime in the first place. With this wide variety of punishments available to the youth courts, their influence is likely to be affected by the pre-sentence report that is mandatory under the CJA 1991. Easton and Piper in their text, Sentencing and Punishment discovered that much depends on the structure and quality of the report being made to the presiding judge. Indeed, their view is that 40% of reports in high-custody areas were poor or unsatisfactory. So, what does this mean for the young offender who is in t he dock of a youth court, found guilty of a crime and about to be sentenced? The MORI report shows that in the recent year of 2004, a high number of young people committed another crime after being caught by the police for their previous offence.[20] When questioned by MORI what their attitude were to committing crime, 40% of those who took part in the survey stated their primary concern was their parentà ¢Ã¢â ¬Ã¢â ¢s reaction, closely followed by the à ¢Ã¢â ¬Ã
âfearà ¢Ã¢â ¬Ã of being arrested.[21] With community punishments often being viewed as à ¢Ã¢â ¬Ã
âsoftà ¢Ã¢â ¬Ã and something to boast about between their friends as if it is a badge of respect that they have à ¢Ã¢â ¬Ã
âearnedà ¢Ã¢â ¬Ã , or that they à ¢Ã¢â ¬Ã
âgot off lightlyà ¢Ã¢â ¬Ã , there is a real danger that instead of being seen as a second chance to turn their lives round, the community sentences carry little weight in the criminal justice system for juvenile offender s. Easton and Piper[22] point out that in the future, the Action Plan order will seek to encompass all the bewildering array of community punishments, will run for a period of 1-12 months with several interventions from a à ¢Ã¢â ¬Ã
âmenuà ¢Ã¢â ¬Ã which will include the options of mentoring, fines and reparation.[23] The way forward, according to the Home Office is the concentration on supervision orders, with the added combination of a reparation order as laid down in the Crime and Disorder Act, 1998. Implementing this in 2001, the Youth Justice Board developed an Intense Supervision and Surveillance Programme (ISSP), utilising electronic means and human resources to deal with any non-compliance issues. The effect of the order is to attain some form of educational achievements and for the offender to gain an understanding and remorse for his actions.[24] Easton and Piper illustrate the dangers of increasing restrictive regimes on young offenders where reliability is on the resources to implement these programmes. Without the resources, the reduction of juvenile crime remains to be seen. Not only that, but without a structured life and a lack of self-control due to parental irresponsibility,[25] juvenile crime may continue to be a common occurrence in todayà ¢Ã¢â ¬Ã¢â ¢s society. Bibliography Books Cavadino P and Dignan J, 1997, The Penal System: An Introduction, 2nd edn. London: Sage Davies, Croall and Tyrer, 1998, Criminal Justice, 2nd edn, Pearson Ed: Essex Easton, S and Piper, C, 2005, Sentencing and Punishment, Oxford: OUP Hale et al, 2005, Criminology, Oxford: OUP Padfield, N, 2000, Text and Materials on the Criminal Justice Process, 2nd edn, London: Butterworths Sprack, J, 2002, Emmins on Criminal Procedure, 9th edn, Oxford: OUP Stone, N, 2001, A companion guide to sentencing, GB: Shaw and Sons Websites https://www.homeoffice.gov.uk https://www.opsi.gov.uk/acts/ https://www.youth-justice-board. gov.uk 1 Footnotes [1] Renamed to current name by: s41 of the CJCSA 2000 [2] pg.156, Stone.N, 2001, A companion guide to sentencing Part Two, GB: Shaw Sons [3] p.390-391, Sprack, J, 2002, Emmins on Criminal Procedure, 9th edn, Oxford: OUP [4] s44(1) and (5)(a) Crime and Disorder Act 1998 [5] https://www.opsi.gov.uk/acts/acts1998/98037f.htm#37 [6] Pg.353, Padfield N, 2000, Text and Materials on the Criminal Justice Process, 2nd edn. London: Butterworths [7] Cavadino P and Dignan J, 1997, The Penal System: An Introduction, 2nd edn. London: Sage [8] pg. 287, Davies, Croall and Tyrer, 1998, Criminal Justice, 2nd edn, Pearson Ed: Essex [9] as outlined in PCC(S) 2000, s.47(2) [10] pg. 94-5, Davies et al, 1996, Criminal Justice, London: Sage [11] https://www.youth-justice-board.gov.uk/YouthJusticeBoard/Prevention/PAYP/ [12] https://www.youth-justice-board.gov.uk/Publications/Downloads/YouthSurvey2004.pdf [13] pg.29, Circumstances of offending, ibid [14] pg. 389, Sprac k, J, 2002, Emmins on Criminal Procedure, OUP: Oxford [15] pg.171, Stone, N, 2001, A companion guide to sentencing : Part Two, GB: Shaw and Sons [16] Now regulated by the Powers of Criminal Courts (Sentencing) Act 2000, ss60-62 [17] 177, ibid [18] pg.186, Stone, N, 2001, A companion guide to sentencing : Part Two, GB: Shaw and Sons [19] R v Olliver (1989) 11 Cr App R(S) 10 [20]Table 3.4, pg.43, https://www.youthjusticeboard.gov.uk/Publications/Downloads/YouthSurvey2004.pdf 21Table 3.7,pg.46, https://www.youthjusticeboard.gov.uk/Publications/Downloads/YouthSurvey2004.pdf 22 paras 7 and 17, 2003, Home Office, Youth Justice à ¢Ã¢â ¬Ã¢â¬Å" Next Steps, London: Home Office [21]23 pg.254, Easton, S and Piper, C, 2005, Sentencing and Punishment, Oxford: OUP [22]24 ibid [23] [24] [25] Hale et al, 2005, Criminology, Oxford: OUP
Sunday, May 17, 2020
Analysis Of Devin Copeland V. Justin Bieber - 1529 Words
ââ¬Å"Somebody to Loveâ⬠: Devin Copeland v. Justin Bieber As an artist, the protection of all intellectual property created for distribution should be a priority. The type of protection this case focuses on is the protection granted by copyright. When a piece of work is copyrighted, the copyright grants the creator the exclusive right to use and distribute the piece for the duration of their life plus 70 years. As a creator, copyrighting completed art before disclosing the art with any other interests is very beneficial when proving ownership in a federal court proceeding. Devin Copeland v. Justin Bieber is a case that is based around the copyrights to a song entitled ââ¬Å"Somebody to Loveâ⬠. The facts will be introduced, followed by the issues that arose in court, then the courts analysis of those issues, closing with the lessons learned to be applied to the future of Planet Florida Artist Managements business ventures. Devin Copeland was an aspiring artist who had a dream of getting a record deal. In 2008, Copeland finished work on an album, which he registered for copyright later the same year. ââ¬Å"The next year, Copeland says he met with representatives from Sangreel Media and they were interested in promoting some of the songs from the album which included ââ¬ËSomebody to Loveââ¬â¢Ã¢â¬ (Mackinley, 2015). Sangreel Media then sent a promotional copy of the CD to several artists in their network, including Usher Raymond. Usherââ¬â¢s manager contacted Copeland about going on tour with Usher. The
Wednesday, May 6, 2020
Congressional Authorization And Constitutional Powers Essay
Introduction: Congressional Authorization and Constitutional Powers Congressional authorization is the ability to empower and allocate funds, which supports Congress with an effective tool for omission and authority of intelligence activities. Congress is expected to have more power than the President and the Supreme Court. Its powers are also known to be Constitutional as well as evolutionary (ushistory). After the Senate as well as the House of Representatives approves a bill or proposed law, it then becomes an actual law. These two houses also share other powers, that involve coin money, the power to declare war, establishing rules of naturalization as well as immigration, raise an army and a navy, regulate commerce, and set up the federal courts along with their jurisdictions (ushistory). Although Presidents can have authority to act without Congressional authorization when necessary for the nations security, it would be better if they did seek Congressional authorization before acting or making any important decision regarding the nations securi ty, in order to preserve Constitutional checks and balances, as well as make the right decisions and protect the President politically. Congressional Authorization: Congress Congress is the legislative branch of our national government and shares power with the president as well as the Supreme Court. It has five fundamental functions, which include lawmaking, helping constituents, performing oversight, and educating the public,Show MoreRelatedThe War Powers Act Essay example1044 Words à |à 5 PagesThe War Powers Act The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to provide for the common defense. 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Readers Response Blue Collar Brilliance free essay sample
In ââ¬Å"Blue-Collar Brilliance,â⬠Mike Rose observes his mother, Rosie and his motherââ¬â¢s brother, Joe, in their occupations(96). Rose explains how his mother uses complex learning strategies and adaptation to fully excel in her blue-collar occupation. Rose explains how Rosie devised elaborate memory strategies while grouping and sequencing tasks in her head to become more efficient to ââ¬Å"make every move count (97). Rosie used critical thinking skills to solve problems that arose, at an instant while taking into account the emotional state of her co-workers. Rose explains how Rosie became fluent at reading social cues and managing feelings of the costumerââ¬â¢s and her own to increase her chances of getting a bigger tip. Rosie expresses, ââ¬Å"There isnt a day that goes by in the restaurant that you donââ¬â¢t learn somethingâ⬠(97). Rosie used complex psychology as well as major critical thinking skills, without formal teaching, to exceed at her profession. We will write a custom essay sample on Readers Response : Blue Collar Brilliance or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Rose then goes on to explain how Joe lacked formal knowledge but made up for with with hands on experience. As Joe worked on the assembly line and General Motors, he learned to be more efficient with his body by acquiring a set of routines that were quick but preserved his energy. Joe became a consummate multi-tasker while keeping a cool head under excruciating production schedules. Joe was able to study, up close, technological and social dynamics, machinery and production processes as well as paint chemistry. Because of this, Joe ââ¬Å"not only Shimizu ! 2 solved problems but found problems to solveâ⬠(99). Joe states that the shop floor provided what school did not. ââ¬Å"It was like Schooling. Youââ¬â¢re constantly learningâ⬠(99). Rose contends certification of diverse intelligence does not result in a tender mind. To recognize and accept a wide range of intellectual capacity is to effectively apply cognitive thinking. A person must appreciate the work of the mind that strives for accomplishment thus shaping that personââ¬â¢s personality. Rose concludes that a mind capable of applying its entire self, even without formal education, to seek out and solve problems while constantly learning something new, is a mind worthy of a democratic society. I, personally, agree with Roseââ¬â¢s argument. I believe that hands on experience, depending on the ability of oneââ¬â¢s mind to adapt, may be more effective than learning through a book first. I believe one learns by doing. As I grew up, I was always taught, ââ¬Å"youââ¬â¢ll never know until you try. â⬠This, I never fully understood until I had come across problems of my own. I was able to read, and study things pertaining to my problem but never really solved the problem until I ââ¬Å"triedâ⬠. Taking the problem and putting my handwork and knowledge to use created better results than reading and studying the problem alone. Iââ¬â¢ve discovered over the years that one can never fully understand how any object or idea works until it has been physically applied or broken down. I believe that one can only learn through experience and experience can only be gained through trial and error. In accordance to Roseââ¬â¢s assumptions, I believe that even without formal teaching, the human brain always has the ability to absorb and process thing. One would only have to allow their brain to do so. Humans grow through hands-on experience. Without this experience, our generation would not be as evolved as it is. Shimizu ! 3 Rose explains that a mind willing to experience and attempt enhancement shapes the mind bearerââ¬â¢s personality. Character is built through experience. Taking the idea, ââ¬Å"youââ¬â¢ll never know until you tryâ⬠, and applying it to every day life shapes how a person thinks and views the world. Rosie observed her fellow employees and costumers but never learned how to cope with them until she ââ¬Å"triedâ⬠. She experience what worked or did not work with the problems she faced, as for Joe too. They took the knowledge obtained through hands-on observation, devised a possible solution, applied it, and experienced first hand the results. In a way, they completed the perfect scientific method without even knowing it. Mike Rose observed his family and realized that ââ¬Å"brillianceâ⬠does not necessarily come from a book, but from hands-on experience. This hands-on experience is what allows society to evolve. If knowledge is never applied, the society is stuck. The drive to solve problems, become more efficient, and make things easier should be instilled in every mind, thus allowing every mind to observe, hypothesize, and apply even without formal knowledge.
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