Law Essays Capital Punishment

Law Essays Capital Punishment Does capital punishment have a deterrent effect on crime? Analyse this question with reference to either the UK or USA. Introduction Nowadays, in most of the Western world, capital punishment is considered an unacceptable, barbaric sentence that cannot be morally or philosophically justified. In the UK, it has been abolished since 1969, while Protocol six of the European Convention on Human Rights obliged the forty six member states of the Council of Europe to scribe off the death sentence from their penal codes. However, a number of US states retain the sentence with few politicians and theorists claiming that it has a strong deterrent effect. The purpose of this essay is to critically reflect upon this argument. Is capital punishment a worthwhile deterrent? The punishment theory of deterrence – which belongs to the utilitarian philosophy – is composed of two elements. The first is called specific/individual deterrence and is directed towards convicted offenders. In broad terms it aims to discourage them for their transgressions and thereby convincing them that crime does not pay. The second is called general deterrence and is directed towards potential offenders. It seeks to persuade them by the threat of anticipated punishment from engaging in unlawful conduct by illustrating the unsavoury consequences of offending. Therefore, by definition, capital punishment cannot fulfil the first element of deterrence since after its passing, the convicted offender dies. As for the second element of passing a lesson to the rest of the society, the views are mixed; although there is evidence to suggest that the impact of capital sentence is not as great as it would justify it. For example, according to Katz et al, the so far studies on capital punishment produce erratic and contradictory results, while most of them find that there is no deterrent effect. In fact, Shepherd’s 2004 study showed that executions are as likely to increase homicides in states following execution as there are states where there seems to be a reduction. In addition, a number of research experts have heavily criticised the so far positive studies on capital punishment for being methodologically unviable. For instance, Maltz recent evaluation showed that most of US studies ignored large amounts of missing data, relying only on two sources: the Bureau of Justice Statistics of the US Department of Justice and the Federal Bureau of Investigation.   Even more importantly, studies that directly examine the reactions of individuals to punishment threats constituently show the limits of the assumptions of rationality that underlie deterrence. In fact, according to the Annual Statistical Report of the Pennsylvania Department of Corrections, most offenders who are convicted to a capital sentence have cognitive impairments. This makes it even more unlikely that they are actually aware of executions. On the other hand, states without capital punishment such as New York enjoy declining homicide rates. The Uniform Crime Reports showed that over the last decade there was a 65.5% decrease in homicide rates. Similarly, Dugan et al showed that since the early 1970s intimate or domestic homicides have been declining at a steady pace regardless of fluctuations in the number of executions. Finally, according to the forthcoming study by Professor Berk, nearly all of the presumed deterrent effects of capital punishment are confined in one state – Texas – and only for a handful of years when there were more than 5 executions. Overall, the study proved that eliminating Texas eliminates any hint of deterrence from the relationship between execution and crime. Moving beyond the statistics However, it is not just the negative statistics that make capital punishment increasingly unfamiliar. Carter showed that offenders who are convicted to capital punishment usually come from poor backgrounds introducing an element of class discrimination in the sentencing system. Similarly, Keil and Vito’s study reported that blacks who kill whites seem to have the greater odds of receiving the death penalty than whites who kill blacks†. To conclude, the last two year research data show that capital punishment has hardly any deterrence effect, while a number of other side issues such as discrimination and selectivity reinforce the argument against its use. Berk, Richard. 2005 forthcoming. New Claims about executions and General Deterrence: D ej a vu all over again? Journal of Empirical Legal Studies. Carter, Robert. 1965. The Johny Cain Story: A Composite of Men Executed in California. Issues in Criminology 1:66. Dugan, Laura, Daniel Nagin, and Richard Rosenfeld. 1999. Explaining the Decline in Intimate Partner Homicide: The effects of Changing Domesticity, Womens Status and Domestic Violence Resources. Homicide Studies 3:187. Katz, Lawrence, Steven Levitt, and Ellen Shustorovich. 2003. Prison Conditions, Capital Punishment and Deterrence. American Law and Economics Review 5:318. Keil, Thomas and Gennaro Vito. 1989. Race, Homicide Severity and the Application of the Death Penalty. Criminology 27:511. Maltz, Michael. 2004. The Effect of NIBRS Reporting on Item Missing Data in Murder Cases. Homicide Studies 8:193. Parisi, Francisco and Vermon Smith. 2005. Introduction in the Law and Economics of Irrational Behaviour: In press. Shepherd, Joanna. 2004. Deterrence versus Brutalization: Capital Punishments Differering Impacts Among States. Working Paper, Emory University Law School.

The Argument on the Legalization of Same Sex Marriages Essay -- Papers

The Argument on the Legalization of Same Sex Marriages The argument over the legalization of same sex marriages is rapidly becoming one of the most vigorously advocated reform subjects in recent law review. Being gay and loving someone is not illegal, but uniting that couple in a legal marriage is rejected by most of society in this country. Each state has had to deal with legal issues concerning same sex marriages to some extent. Most supporters of the ban on gay marriages believe that it would be a strong cause of immorality and corruption of the American family. People who do not support same sex marriages believe that it would create an unhealthy family, and could cause serious harm to children in that family, while supporters of same sex marriages believe that they are being denied the benefits such as establishing a right of survivorship, co-partner medical and retirement benefits. It is felt by most homosexuals that these benefits would help create a stronger stability in a long-term relationship. Most of the volunteer and financial support against gay marriage comes from religious groups or churches. ?Catholics, Mormons, and evangelists make up more than 40 percent of California?s population, and raised millions of dollars to pass the amendment.? Same sex marriages are both mentally and physically wrong in the minds of most parishioners. They find the concept immoral because according to the Bible, sex between members of the same sex is strictly prohibited, much less marriage. Proposition 22 was one of many campaigns led by religious conservatives, which prohibits California from allowing marital rights to gay couples who married in another state, and it only recognizes marriages between man and a woman. ... ...iages will also someday in the future be legalized. Bibliography: California Protection of Marriage Initiative. Feb.2000 Online Posting. 11 Nov. 2000 (http://doma.org/purpose.html) Defense of Marriage Act. May 1996 Online Posting. 28 Nov. 2000 (http://reagan.com/HotTopics.main/HotMike/document-5.15.1996.1.html) Lesbian and Gay Marriage Resource Site. April 2000 Online Posting 10 Oct. 2000 (http://grasshopperdesign.com/gay_marriage/news/vt4.htm) DodgeGlobe: The Dodge City Daily Globe-Court grants April. 2000 Online Posting. 8 Oct. 2000 (http://www.dodgegloble.com/stories.122199/nat_rights.shtml) California Bars Gay Marriage Mar. 2000 Online Posting 11 Nov. 2000 (http://abcnews.go.com/onair/CloserLook/wnt_000307_Prop22_feature.html) Stiers, Gretchen A. From This Day Forward St. Martins Press, New York, NY, 1998

External analysis soffee culture Essay

1.0 Introduction: – For an organization to survive and grow, they must have strong build strategy. Strategy is defined as a tool to assist organizations to achieve its long-term goals Hubbard, Rice & Beamish (2010). These goals are the prime reason for an organization to exist and strategies are developed to achieve these goals. Fig. 1.1- ESC model for strategy development Hubbard, Pocknee and Taylor’s (1996), explains the strategy making process via ESC model. Fig 1.1 shows the ESC (Environment, Strategy & Capabilities) model to describe the strategy making process for an organization. Strategies are made keeping a number of factors in consideration. Environment stands for Macro and industry based environment and factors that effect the operation of an organization. Environment is discussed more in detail in later part of this report. Business strategies are made considering the interest of stakeholders, company’s mission and value statement and values of the organizations. Capabilities for an organization are their resources, staff, economy of working and systems available for an organization to work in. This section is also discussed in details in this report. Also, to make effective strategies companies need to generate and gather information, analyze that information, process and implement those chosen strategies. Hubbard, Rice & Beamish (2010) explains that final part of strategy implementation is to review and monitor the strategies to find the gaps in results and fill those gaps accordingly to improve company performance. 2.0. Macro Environment Analysis Hubbard, Rice, Beamish (2010), explains that all the factors outside the organization that effect the business are studied under external environment analysis. These factors effect the strategy formulations, vision and mission planning and future organizational business. Environment analysis comprises of two major elements i.e. Macro environment analysis and Industry environment. Macro environment includes all the broad forces that surround and effect the organization and are as follows:- 2.1 Economic Dimension:- Economic dimension of an organization is the overall financial condition of the economy where organization is operating. Most important economic factors for an organization is GDP, inflation rates, exchange rates, taxation rates and wages rates. These factors define the economic dimension of an organization. Example: – Starbucks business in US during Global Financial Crisis During GFC, Starbucks was forced to pay more for its resources and to cover these additional expenses; company was forced to increase its product prices. But with the rise in interest rates and less borrowing/spending power of customers in the market, Starbucks had no option other than bearing the costs itself without increasing the prices. This additional burden forced Starbucks to close 600 stores in July 2008 (page 151, Howard Schultz, 2011). This example clearly explains the effect of Economic conditions on an organization when low purchasing power of customers lead to less demand and its effect on an organization. 2.2 Political/Legal Dimension: – This refers to the government regulations of business and its general effect, relationship with it. Its important for an organization as it defines what the organization can do and what they cannot. Customs, policies, regulations of a particular country affects the business of a international organization. 2.3 Technological Dimension: – This factor defines the resources available to operate its business in a country. It defined how an organization can convert its resources into products and services. Technology is applied with the discretion of the organization but its availability and form depends on the general environment. 2.4 Socio cultural: – Socio cultural dimensions include the culture, social effect and trends, customs, values and demographic patterns and trends in a particular demographic area. This includes the patterns people are used to and defined the future for the company with respect to its products. Example: – Starbucks in planning to expand its business in Asian countries and is planning to change 5000 year old tea-drinking culture into coffee culture (Ed Liston, 2011). Asian countries have a strong culture of consuming tea and have significant medicinal beliefs as well. Starbucks is planning to expand its business in these countries directly challenging the socio cultural dimension (page 296-305, Howard Schultz, 2011). This strategy can have mixed effects on the business. It’s a direct competition between old traditional beliefs and habits v/s young coffee drinking generation. There are no significant results available on the topic, but will be an interesting topic to work. This strategy can affect Starbucks business dramatically. 2.5 Sustainability: – It’s a new trend mostly visible in developed countries to develop sustainable business practices to address environmental issues. Companies are expected to follow guidelines, to develop their sustainable image. This includes fair work practices, focus towards general environmental damages, deforestation, ecological concerns etc. Example: – Starbucks fostering Sustainability Starbucks tag their stores as green and try to design the stores with recyclable products, reused cabinets, natural colors, and efficient lights. Company’s agricultural methods are organic, using no petrochemical based fertilizers and insecticides, and they are beneficial to the environment and water (page 317-321, Howard Schultz, 2011). Starbucks also offers 10% discount if customers bring their own coffee mugs (page 161-165, Howard Schultz, 2011). Starbucks has been busy promoting their environment involvement by developing new environmental strategies and by minimizing their carbon footprint (Starbucks Website). 3.0 Industry Analysis/ Porter’s five forces Analysis: – Fig. 1.3 – Porter’s Five Forces Model Industry analysis is used to determine the factors that influence the profitability of an organization. As shown in fig 1.3, industry analysis consists of five main forces. Porter (2008) describes these forces as the main drivers of profitability for an organization Fig 1.3. 3.1 Competitors/ Threat of new entrants: – For an organization, competitors are those individuals or groups that can reduce the revenue or can share the revenue. New or existing organizations that compete for their business, survival and growth are termed as competitors. It can be from existing market players or new entrants to the market. Mostly organizations compete for customers, revenue but competition can also be for the resources as labor/staff, new technology or patents to ensure future revenue growth. 3.2 Suppliers: – In a producing industry, suppliers play an important role by providing resources to an industry to offer services/products to the customers. This depends on the industry-supplier relationship. If suppliers are strong, they can offer resources at a higher price to get the profit share in the organization and vice versa. Thus, in a industry its very important to have consistent and reliable suppliers. Example: – Starbucks coffee bean suppliers Starbuck buys its coffee from East Africa, Arabian Peninsula, Southeast Asia and Latin America. Starbucks has its approved suppliers list and to be part of that list, suppliers have to undergo a series of tests and pass some checklists. Once Starbucks approves their supplier, the company helps the suppliers to grow coffee sustainably (page 317-318, Howard Schultz, 2011). Starbucks helps their suppliers by providing knowledge, help, funds and trainings. This helps to develop the strong relationship with the suppliers and also ensures the quality of the harvest. Thus in this case both suppliers and the industry are in win-win situation. 3.3 Bargaining power of buyers: – Porter (2008) explains that if the buying power of buyer is strong, that implies that the buyer has more options to choose from and the industry has more competition. 3.4 Substitutes: – Porter (2008) explains that if the products/services of different business or company can satisfy the needs of the customers, depicts that there is a substitute available to the customers. It leads to the competition in terms of price, quality and added values to the products. 3.5 Industry Rivalry: – In a traditional economic model, if there is rivalry among the organizations in the industry, then it drives profits to zero. But there is not perfect competition and in this case companies thrive to take competitive edge over other companies. A firm can switch costs, reduce product cost, increase add on values, offer better customers service to gain the competitive edge. Example: – Starbucks competitive edge Starbucks markets their sustainable and green approach towards environment (page 147-148 & 317-318, Howard Schultz, 2011). In this modern era, with more educated groups emerging, Starbucks is attracting more educated customers. With its initiative towards green earth and working for environmental issues, customers are supporting the brand and thus Starbucks is earning reputation and revenues. The above-mentioned example is in relation with Philip Kotler’s (2001), strategy of Marketing and is proving worth full for Starbucks. 4.0 Resources, Capabilities and Creation Of Values Fig. 1.4- Resource, Capabilities and Creation of Value According to resource-based view to develop the competitive advantage over other companies, organization must have resources and capabilities that are the best in the market. In fig. 1.4, Hubbard, Rice & Beamish (2010), explains that for an organizations there are four necessary conditions to pioneer the market. These conditions are outlined as below: – 4.1 Resources: – Resources are the main factor that decides the organization’s future. Hubbard, Rice & Beamish (2010), have used VRIO/VRINE model to describe these resources better and resources must be: – Valuable: – Organization should monitor the market and its customers carefully and must have the resources to deliver the value to the customer. Customer needs are volatile in nature and keep changing, thus organizations must enhance and upgrade their resources according to the demand. Rare: – Resources of an organization should be rare and hard to imitate by the competitors. These rare resources provide a competitive edge to the organization and must be scarce to some degree of demand in the market. Inimitable: – Resources should not be easily inimitable, and should be sophisticated to imitate. It’s hard to keep inimitable resources in technological sector as long as the technology is a patent. Non-Substitutable: – Resources should be non substitutable, i.e. there cannot be any substitute to the particular resource. Organized: – Resources of an organization should be arranged and organized according to their requirement. They should be readily available when and where required and should be properly deployed as per requirement to deliver the best quality to the customers. Exploitable: – Resources should be readily accessible and available to different sectors across the organization to transform them to add value to the customers. Capabilities: – Capabilities stand for the organization’s ability to convert the available resources to customer value. It’s the ability of an organization to utilize its resources in an efficient manner. Organizations should have dynamic capabilities so that they can manage their knowledge, learn from them and also brings out new innovations as per requirement. Example: – Starbucks Logistics Chain: – As mentioned above Starbucks gets its coffee beans from East Africa, Arabian Peninsula, Southeast Asia and Latin America. Different regions specialize in different blend of coffee. A perfect coffee is not just a single origin, but is a mix of different beans. Starbucks has the capability to gather beans from different regions and make a perfect blend to deliver across all its stores worldwide. Its not easy to document this capability and thus not easily imitable. This is a competitive edge that Starbuck has over its competitors to pick, mix and deliver the beans faster than any other competitor in the market. Organizations should monitor and review their operations to check the purpose of the operation. Capabilities should be valuable to the customers, they should be rare, and difficult to imitate by competitors, specific to the organization and should be better than the competitors in the market. In order to manage the capabilities organizations should exercise their capabilities across their business. These above discussed conditions should work in closely coordinated manner to develop a competitive edge over its customers and should bring better value for the customers. For example Starbucks have strong inbound logistics that in relation to Porter’s value creating activity is a competitive edge to create customer value. 5.0 Bibliography: – Hubbard, Pocknee and Taylor’s (1996), â€Å"Practical Australian Strategy†, Ch. 5, Prentice Hall Australia, Sydney. Hubbard, G. & Beamish, P. (2011). â€Å"Strategic management: Thinking, analysis and action†, 4th ed., Pearson Education: Australia. Hubbard, Rice, & Beamish, (2011), â€Å" Strategic Management: Thinking, Analysis and Action†, 4th ed., Pearson Education, Australia. Michael E. Porter (2008), â€Å"The Five Competitive Forces that Shape Strategy†, Harvard Business Review, p.86-104, Harvard Business Publication, Boston, USA. Ed Liston (2011), â€Å" What is more popular: Coffee or Tea†, Blog on www. Stockriters. Com, Viewed on 05th Jan’12. Kotler Philip (2001),† A Framework for Marketing Management†, Prentice-Hall, Inc. 1997, Pearson Education Company, New Jersey, USA. Starbucks website viewed on 4th Jan’12, http://www.environmentalgraffiti.com/business/news-starbucks-contribution-sustainability. Howard Schultz & Joanne Gordon (2011), â€Å"Onwards: How Starbucks Fought for its life without losing its soul†, John Willey & Sons, United Kingdom.

Oedipus The King Analysis - 896 Words

In Oedipus the King, Sophocles uses his protagonist, Oedipus, to explore his pursuit of knowledge, which leads to his tragic destruction. Oedipus is a favorable king who is determined to end the curse that has been brought upon the city because the murderer of his predecessor, Laius, still lies in the city. Ironically, Oedipus delivers the curse to the city because he murdered his father, Laius. Oedipus’s desire to gain knowledge and bring the murderer of Laius to justice, results in his downfall, which causes the people around him to be greatly affected as well. Throughout the tragedy, Oedipus clearly exhibits a pursuit of knowledge to discover the truth behind the murderer of Laius. For instance, Oedipus invokes a curse, â€Å"Upon the†¦show more content†¦God help you! God keep you from the knowledge of who you are† (57 Sophocles). Jocasta pleads to Oedipus not to pursue any more knowledge because she fears the worst days of her son will soon arrive if he co ntinues. Jocasta’s lunacy after she perceives the truth causes her to complete the truth because she commits suicide. Oedipus is held responsible for Jocasta’s death because his persistence to find out the truth about himself has caused his mother to become so wretched that she kills herself in misery. Oedipus’s ignorance is clearly evident throughout the novel because many people have known his life story, and as a result made gruesome decisions. Oedipus’s chase for knowledge explains as to why the story entailed many gloomy outcomes that were greatly detrimental. For example, Tiresias states, â€Å"Alas, how terrible is wisdom when it brings no profit to the man that’s wise† (Sophocles 23). Tiresias foreshadows the future that Oedipus will gain nothing from learning his life so story because he knows that his insight will cause Oedipus’s downfall to blind himself to death and Jocasta’s death. The quote represents the idea tha t fate is constant and unchangeable, and Tiresias recognizes that Oedipus’s fate will soon be legitimized and Tiresias feels disgusted toward what Oedipus has done and will do. Afterwards Jocasta’s death becomes known by a messenger who states, â€Å"Shortest to hear and tell---our glorious queen Jocasta’s dead† (Sophocles 65). Jocasta’sShow MoreRelatedAnalysis Of Oedipus The King 1127 Words   |  5 Pages For A Life Of Regrets Oedipus the King is a play written by Sophocles. Oedipus is the main figure and legend of Sophocles play. After Oedipus birth into the world, his father King Laius of Thebes heard from a prophet that his own child was destined to kill him. Sophocles play begins from past to present and starts to unravel the journeys Oedipus goes through. Oedipus isn t an evil character as one would think while reading the story. He neverRead MoreAnalysis Of Oedipus Oedipus The King 1152 Words   |  5 Pagesreading Oedipus the King. 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