Friday, September 6, 2019

Benjamin Franklin Essay Example for Free

Benjamin Franklin Essay It is easier to prevent that cure obesity and one may note that parental education can go a long way in helping prevent obesity in children. It is noted that chubby children are cute, but this already predisposes the child to obesity, early childhood education should be facilitated to include proper nutrition, good exercise habits and parental education as to the dangers of obese children. Researchers have recommended that wide-ranging multi-staged intervention programs are needed to prevent complex health problems (McLeroy et al, 1988; Freudenberg et al, 1995). One must realize that prevention of obesity is not nearly as hard as it is to cure it, so practices in order to prevent it from happening should be considered thoroughly and attitude changes by parents and the family in general should be incorporated so that the problem of obesity can be taken care of. The parent or family should be taught to observe eating habits and activity. Practices in relation to food to prevent obesity can be described as follows: 1. Eat Well It is noted that a good diet is one of the main components for good health, but one can also note that eating healthy is easier said than done (Litchfield et al, 2004). A variety of tactics can be employed in order to promote healthy eating. Carbonated beverages like sodas including other sweetened drinks are also related to higher intake of body fat, whereas consumption of calcium rich foods such as milk and milk products are correlated with lower body fat. When eating out it is recommended that the family eats in a restaurant that provides for healthy food alternatives. Encourage portion control when eating most particularly for the high calorie foods. It is also suggested that the child learns to cook healthy meals at home. Also it is determined that activities should always be kept fun. Eat breakfast and other meals as a family. Pack healthy school lunches. Let your child be a part of the meal planning at home. This will help the parent realize the desires of the child with regards to food and how best to prepare it in order for them to eat it. The parent must also realize that if the food is not appealing for the child the probability is that they will not eat it, this is most especially true for the snacks and packed lunches brought to school, they might bring the food but not eat it and just eat somewhere else It is also a good practice not to reward any deed with promises of food and snacks, instead use praises, stickers and stars, time for favorite activities or an extra hour playing can be their reward rather than candies, chips or other junk foods that will ultimately be bad for their health. 2. Keep junk food and unhealthy foods away Junk food should be realized for what it is, junk as it is aptly called. Unhealthy food like chips, soda, candies and chocolates should be kept at a minimum and healthy alternative like fruits and vegetables snack substitutes should be the ones that are within reach in the refrigerator and cookies and chips should be kept only for ‘special occasions’ (Litchfield, Nelson Koch, 2004) avoiding it as much as possible. Stock up and preserve a variety of healthy foods at home rather than junk food, and thoroughly consider removing these types of food or teach the children to limit intake of such foods 3. Provide appropriate food portioning (just like in restaurants) It is important to note that it is essential to proportionate food intake, generally like in a restaurant where one orders food, the food delivered and serve is proportioned and measured such should be the case in the house also, where food not necessarily measured to the gram should be controlled to avoid eating too much. 4. Savor your food (eat slower) Eating slowly lets our brain realize that we have taken in enough food and thereby we are obliged to stop eating. It is may also enable the digestive system to digest the food thoroughly, Litchfield, Nelson and Koch (2004) also notes that savoring the food helps one to lose weight and eating slower may not only helps the digestion of the food but also fosters social functions like small talk in the dinner table that can enhance interpersonal relationships. 5. Eat at the right place and at the right time Breakfast, lunch and dinner should be eaten in the dining room; even snack time should be eaten at the dinner table, not in front of the television or in their rooms. This fosters routine and control. This can be surmised that a child will eat less if they are subjected to eat at the table since they would want to do other activities than eating therefore snacks and such to be eaten at the table means lesser time to be spent in other activities and such will mean that they will tend to eat less because they are in a hurry to go back to what they were doing including computers and television watching. Engagement in Physical Activities Increase Play time activities Litchfield, Nelson and Koch (2004) also noted outdoor activities as a good start, short evening walks or if the child is old enough and the family owns a dog, they can be given the responsibility of walking the dog. Even the littlest amount of activity can be a good start in order to promote physical activity. It is also advised that the child engage in physical plays like running, playing tag in the park, or other family activities that will promote physical activities.

Thursday, September 5, 2019

Comparing Models of Health

Comparing Models of Health â€Å"Compare and contrast any two models of health. Briefly explain the relationship between named social factors and health† There are numbers of ways of how health can be defined. One of most known definitions is by World Health Organization that states ‘health is a state of complete physical, mental and social well-being and not merely the absence of diseases. However, there are three main models of health and each of them has its own definition. This essay will compare and contrast two models of health bio-medical model and social model as well as discus s range of social factors that affect it health. Over the last century the most influencing and dominant model in health in Western countries has been biomedical model. It began in nineteenth and early twentieth centuries, when there were great advances of medical science (Taylor, Field). Biomedical model is a conceptual model of illness that only includes biological factors, excluding possible psychological and social factors in attempt to understand persons medical illness or disorder (Mondofacto, 2009). In other words, biomedical model sees human body as a machine that if it is not working then it needs to be fixed. Furthermore, it only embraces one cause of illness, dismissing other possible factors that may have lead to it. Prevention of disease is not the priority of this health model; it focuses on finding a cure. The aim of biomedical model is to â€Å"reduce morbidity and premature mortality† (Naidoo, Willis, 1994) The social model of health is not as popular as biomedical model, because its cure of illness or disease is not so straightforward. It focuses on the lifestyles and behaviour of individuals as well as it stresses and encourages personal responsibility. According to Taylor and Field (2007) ‘significant improvement in health is more likely to come from changes in peoples behaviour and in the condition under their live. Following this further, social model of health acknowledges influences on health of political, economic, social and environmental factors with the aim of changes in them, which will help to promote help. (Naidoo, Willis, 1994) On the contrary to biomedical model, the social model of health sees body as a whole rather than separate bodily part. The biomedical and social models of health are different in most of the aspects. Though their both promote health, their propagation towards it and understanding in health is different. While bio medical model of health states that â€Å"the individual is not responsible for their illness and that mind and body work independently from each other (Ogden, 2004), the social models affirmation is different. It believes in overall state of health that addresses to physical, social and economic environment (Naidoo, Willis, 1994). For example, biomedical model of health would claim that lung cancer is caused by smoking, while social model of heath may suggest that passive smoking or hereditary disposition to the disease can be causes to it. Pursuing this further, Blaxter (2004) yet suggest that bio medical model of heath does not promote a healthy lifestyle, as it could be thought if you are smoking, excessively drinking and eating unhealthily but not feeling ill, then it is acceptable t o carry on with that. Controversially, social model of health is looking at it differently, by encouraging people to lead a healthy lifestyle and prevent illnesses and diseases (Blaxter, 2004). The differences between the bio-medical and social models of health intensifies even more when in eighteenth and nineteenth centuries mortality and morbidity rates decreased. The reasons of these magnificent changes were ‘reduction in mortality from infectious diseases such as tuberculosis, cholera, diphtheria and dysentery (Morgan, Calnan, Manning, 1998,). The serious debate begun between Griffiths and McKeown, after Griffiths claimed, the ‘growth of the hospital, dispensary and midwifery services, additions of knowledge of physiology and anatomy, and introduction of smallpox inoculation (ibid) were the great causes of declining in mortality rates. Despite the strong evidences, Tom McKeown proved that T. Griffiths analysis were wrong and gave distinctive examination. It was concluded that particularly improved living conditions, sanitation and nutrition as well as limitation in family size were the major factors of reduction in mortality rates. By this, McKeown demonstra ted that social and environmental conditions have a big impact on peoples lives. In Modern Britain social classes still exist with lower classes living in poverty and facing inequalities in health. For long, health inequalities between social classes were not certified until ‘Black report† was published in 1980. By using infant mortality rates, life expectancy, mental illness and causes of death, it showed that the higher persons social class is, the more likely he would be in a good health. Since the general living and working conditions are significantly worst in lower social classes, these evidences do not come as a surprise. Not only people live in inadequate housing conditions, such as damp, disrepair and lack of toilet facilities (Naidoo, Willis, 1994) which have an impact on health but also are more inclinable to lead unhealthy lifestyle with lack of exercises, poor nutrition and bad habits (Browne, 2005). Consequently, people living under these conditions have more health problems, such as heart diseases and respiratory illnesses. Following this further, people from deprived areas are not only more likely to suffer from ill health, but also, have to face a poorer medical care, with overworked GPs and long waiting lists in hospitals. (Browne, 2005) However, bio medical model of health does not agree with social model by raising awareness in inequalities in health between social classes, stating, that the ‘ diseases of affluence , such as coronary heart diseases and cancer are the major killers in contemporary Britain (Naidoo, Willis, 1994). Yet, Naidoo and Willis (1994) represented argument that these diseases are more common in lower social classes. Notwithstanding, Bio medical model agrees with social model of health about sex differences in morbidity and mortality. Naidoo and Willis report ‘that women are more resistant to infection and benefit from a protective effect from oestrogen accounting for their lower mortality rates (Naidoo, Willis, 1994). Even so, the bio medical model can not explain the difference of womens mortality rate between social classes yet again. In conclusion, it is observable that both bio medical model and social model of health has a great arguments in their believes and promotions. However, it is clear that social model of health is offering more holistic approach to health by looking at lifestyle and environment with the aim to prevent illnesses before it appeared. Saying that, without a bio medical model of health, medicine would not be as much advanced as it is now. Ideally, both models of health should be working along side to provide with the best care in health and so much needed qualities in health. http://www.mondofacto.com

Skills And Knowledge For Successful System Development Information Technology Essay

Skills And Knowledge For Successful System Development Information Technology Essay There is no doubt that information system analyst is playing an increasingly important role in most of the successful system project development. To achieve this, information system analyst must possess a wide range of qualities which involves appropriate skills and abilities as well as sufficient knowledge in the implementing system of users supports and functioning of business. It has to be considered that information system analyst carries responsibilities to analyse and understands the complex needs of human resources, people skills, technical understanding and process facilitation and it is basically applied from the first day of the system projects existence. It is crucial for every information system analyst to have dynamic project teams which are not static and unchanging as to ensure that they are able to articulate the needs that are associated with the key problem to be solved or opportunity to be realized. There are also several barriers exist in gathering and interpretin g of system development that needs to be concerned by information system analyst as this will affect the results of the system and the effectiveness of system development. This paper is critically emphasized on the skills and knowledge of an information system analysts and how these skills and knowledge have impacted in the successful in system project development. The structure of the paper will begin with the introduction, terminologies section, knowledge required by system analyst, most important skills and competencies for a system analyst as well as a conclusion as the summarization of the whole topic. Keywords: system analyst, system analysis, knowledge, analytical skills, technical skills, interpersonal skill, managerial skills, communication skills 1.0 INTRODUCTION Initially, information system analyst is highly necessary to run a system project. Without an information system knowledge and appropriate skill set, it is hardly to achieve projects goals. There are various formal and informal roles that system analyst play in creating successful. In short, every system analyst in a project has their own responsibilities that carry both formal and informal task and sometimes they are also assigned to run in a big or small project concurrently based on the project requirements to achieve project successfulness. Essentially, a system analyst plays an important role in the process of system development life cycle tasks which involved project planning, analysis, design, implementation and support process. Each process requires a system analyst to perform a different task and they must possess a wide range of skills with sufficient knowledge. This is important as system development is a very difficult activity that needs very careful planning, control an d execution. With the emergence of information technology, system has become increasingly role in most of the organization. In fact, a good system becomes the solely sustainable advantage for organizations to gain a winning position in todays highly competitive world. Parallel with that, the task of a system analyst becomes more difficult because they have to deal with a different organization with different requirements. According to Misic and Graf (2004), systems analyst perform their job is characterized by a constant changes where the change of the environment and uncertainty places forces the system analyst to regularly and consistently updates their task and activities. Meaning here, the system analyst should be able to adapt to the environmental changes. For that, a system analyst has to learn the culture or environment for every organization that they assigned to develop a system in order for them to effectively perform their job and meet the projects goals. In addition, they also need to have full understanding of system development and try to apply it within the organization with the support of knowledge and skills as it is very important and necessary to ensure the organization gain value and outperform rivals. Numerous articles have been written about system analyst skills and knowledge by many authors. Various authors have expressed different opinions on the skills that should be possessed by a system analyst such as analytical, technical, managerial and interpersonal or communication skills. There are two key skills that are needed to perform system analysis tasks, fact-finding for the investigation of system requirements and modelling of a business process based on the system requirements (Satzinger, Jackson and Burd, 2009). Therefore, the purpose of this article is to provide thorough information on the aspects of tasks, knowledge and important skills of todays system analyst as well as to identify the impact of these aspects towards the effectiveness of system development. 2.0 DEFINITION OF KEY TERMS: SYSTEM ANALYST, KNOWLEDGE AND SKILLS There are several of definition of a system analyst have been identified by many professionals. The meaning of the terms may vary from various authors depending to business process, workflow and discipline where it is used; however, the concept of a system analyst remains the same. According to Dennis and Wixom (2003), system analyst can be defined as the individuals who generate ideas and suggestions for how information technology can improve business processes, define new processes with the help of a business analyst, design a new information system and ensure that all the standard information systems maintained. In contrast, Whitten and Bentley (2007) have defined system analyst as a specialist who is responsible in identifying and study the organization problems and needs as to determine how people, data, processes and information technology can contribute to the business developments. Some people get confused the meaning between system analyst and computer programmer. Basically, a system analyst is not a computer programmer; he or she is individuals that decided what form of information technology to be used in the development of a system, whereas a computer programmer is individuals which are responsible in putting appropriate instructions with specific code into a computer system. However, both Information System professionals have similar skills needed in system development, which is emphasized on technical skills (Lee, 2002). Systems analyst and computer programmer are related in some way or another, but they are not exactly the same. Systems analyst requires different skills. Instead, computer programmer is focused on a particular emphasis of the study. Systems analyst and computer programmer like other professions were forced to have a sense of ethics. As viewed by Kagan and Sobolo (1987), systems analyst job involves analysis of the problem or needs informa tion on the organization and resolve the problem through the design of an efficient pattern of information flow from the source data into the computer. In different point of views by Green (1989), system analysts are service providers who are work closely with users as to define, develop and implement computer based system in order to meet business and other requirements. The involvement of users is required to help the system analyst to do analysis and synthesis tasks on a particular system. Almost similar with Misic and Graf (2002) views, system analyst acts as problem solver where they work closely with users and management in collecting and analyzing information on current and/or future computer-based system. Information system knowledge and appropriate skills for effective tasks and duties is needed to be an excellent system analyst. Several authors reviewed knowledge as an actionable or relevant information available in the right format at the right time and at the right place for decision making. In other words, people seek knowledge because it assists them to improve performance and succeed in their work. Knowledge also is the most precious therapy for complexity and uncertainty. Further, the process of system development depends heavily on knowledge so that, by having right knowledge, organization can produce a good decision making with producing good product and services to ensure meet the business requirements. In the case of information systems, knowledge can be referred to as content or technical information needed to do an adequate job and is usually acquired through formal education, on job training and information media such as the manuals (Cheney, Hale and Kasper, 1990). Meanwhile, skills are referred to the specific psychomotor processes necessary to meet the current requirements of job a specific job. Skills also include facilities to choose from between the repertoire of action that may be most appropriate for their specific actions (Cheney, Hale and Kasper, 1990). Environmental projects may differ from an organization to organization and project to project, however, some skills will help in almost any environmental project. These skills include understanding the changes and understand how the organization works within the social, political and physical. Important to realize, understanding the importance of system analyst activities and the related skills and knowledge may be critical in successful of system development. 3.0 KNOWLEDGE REQUIRED BY SYSTEM ANALYST Before starting to analyze and design a system, it is very important for a systems analyst to have sufficient knowledge about the various fields of knowledge depends primarily on the duties and level of development of the system. Based on Vitalari (1985), there are six key concepts of the knowledge base have emerge, namely, core system analysis domain knowledge, high-rated domain knowledge, application domain knowledge, functional domain knowledge, organization specific knowledge and knowledge of methods and techniques. Vitari (1985) said that core system analysis domain knowledge is essential components of system analysts knowledge to achieve satisfactory levels of performance. It is very important to meet the needs of the user to ensure the output of the system development will produce high satisfaction to the users. Important to realize that, systems analysts need to know what commitments are expected from the user and the user also knows what is expected of the systems analyst. In addition, by having this knowledge it help the system analyst to avoid committing mistakes and delaying the project to be completed. Whereas high rated domain knowledge is referred to the knowledge that distinguishes high rated analysts from low rated analysts. Application domain knowledge is a knowledge related to several information system applications such as expert system, decision support system, transaction processing system and end user computing. 4.0 MOST IMPORTANT SKILLS AND COMPETENCIES FOR SYSTEM ANALYST The system analyst needs certain skills to conduct system development. They need the skills to do systems analysis and design, where they have to understand what stakeholders (users, clients and technical staffs) need as to analyze the flow of data or enter data in a systematic, process or transform data, store data, and output information in the specific context of the business (Kendell and Kendell, 2010). Systems analysts aim to improve and develop information systems and information technology to get the best benefits for business especially in solving the business problems. Essentially, job skills support the core information system capabilities to determine the effective exploitation of technology innovation for IT organizations (Lerogue, Newton and Blanton, 2005). There are number of opinions that describe the skills that system analyst should be possessed to be successful. Following is the most important skills and competencies for a system analyst as pointed by various author s. Analytical skills According to Misic and Graf (2002) in their article entitled System analyst and skills in the millennium, analytical skills were considered the most important skills in the system development. Analytical skills can be defined as the ability to examine things critically and/or minutely, to separate the clear picture into its individual components (Misic and Graf, 2002). As indicated by Misic and Graf (2002), these skills provide the primary basis for an individual to adapt to changes in technology and by focusing on the development of their current employees and / or recruiting new employees that strong analytical skills of focusing mainly on a technical background, management information system will form a team development to be successful today and also in the face of the next wave of inevitable change and stress in their technological procedures. They also indicated that, this skill is applied in defining and analyzing requirements and insuring the fit within the organizations info rmation system environment. In other hands, analytical skills were involved in the analysis process where it is the task to understand the whole of something by breaking it down into important components. By understanding its components and how they fit together in a larger whole, it leads to understand the whole better. Analytical skill requires a system analyst to precisely in defining the problems. It is a fact that, knowing how to define a problem is a tough part. They have to find a way to break things into elements and utilize those elements to understand the real situations. The system analyst tasks might involve visualizing, articulating, and solving complex problems and concepts, and making sensible decisions based on information available. Analytical skills assist the system analyst to figure out the needs of the organizations and then try to satisfy those needs with a new system development. The growing use of technology has become a major part of the organization around the world. This led to the making the task of properly defines the problem ever more difficult. The system analyst has to be more precise in defining the problem besides determining the scope of a new system. This is the task where, system analysts have to properly define the possible problem and the target where they aim to hit. Important to know that, if the problem is wrongly identified it may impact on the system development, such as the new system will not well known, more time needed to do some research on a new system and many possible issues might be occurred. In contrast, if the problems are well identified with the analytical skill is applied to do this; the solutions to the particular problem are usually straightforward. Furthermore, to ensure the problem is precisely identified, systems analysts need to analyze and address the available information, to know what information sources are good, to be able to access and to make effective use in developing a new system. Identifying very clearly defined and specific problem is an important step to successfully implement the first solution. Interpersonal skills and communication skills Interpersonal and communication skills are other skills that required by every system analyst. Such skills are required at various stages of the development process for interacting with the users and try to identify their requirements in order to find out possible solutions to that particular problem. Interpersonal skills are related with individual skills needed to interact with individuals that associated with an IS project. In other words, interpersonal skills also can be referred as a behaviour and attitudes of individual, interpersonal communication and group behaviour in the IS context (Lerouge, Newton and Blanton, 2005). According to Lerouge, Newton and Blanton, (2005) in their study, IS managers have viewed these skills as the most important set skills for a system analyst in affecting IS success, whereas, for CIOs and end users indicated that technical skills were the most vital skills in successful of system development. Several authors indicated that behavioural, social, c ommunication and soft skills are sometimes referred to interpersonal skills as its characteristic represents the individual behaviours such as articulating and speaking skills to interact with the users, ability to work in a team such as programmers, analysts and other system professionals, personal motivation and working independently, good listener, ability to write and many more. Based on Odini (1991), interpersonal skills are term use to describe variety of social and communicative skills that involve two way communication skills, styles of positive behavior, leadership and teamwork and understanding of human behavior and interpersonal relationships in terms of interaction with relevant individuals. In contrast, Misic and Graf (2004) have distinguished interpersonal and communication skills into two different categories. Interpersonal skills are the ability to interact with other workers including end users, other system analyst, managers and outside vendors. Meanwhile, communic ation skills are referred to the ability of people to effectively write and speak clearly, able to summarize a document and that document must be understandable to the users. Most of the company IT based found that interpersonal skills or communication skills in both speaking and writing and ability to work in a team are very important and necessary to carry out their task. A system analyst needs to have communication skills as they are required to write user requirements into technical specifications. It is a fact that, good communication skills is significance to help the system analyst to interact with users in order to identify their needs, to interact with system designers to assist them in developing of a system interface as well as to communicate with the system developer as to keep track of system development. According to Green (1989), system analysts believe that they must rely on behavioral skills to effectively interact with user during the crucial stages of problem definition and analysis. As indicated by Misic and Graf (2004), if a system analyst is able to interact well with users, it shows that he or she has the ability to work with member s of the project team. Moreover, a system analyst should spend time getting close to the diverse stakeholders such as users, client and technical staffs in order to obtain information as they are the group of people who will use a new system and will benefit most from it. Generally, interpersonal skill is a significant factor in the success of a system analyst in developing system. The excellent system analyst is involved in every aspect of the system development process, and is actively involved in the interaction design for the system. They have an understanding of the various ways the stakeholder need to interact with the system, understand the different needs and to identify the different aspects of design that will work for different stakeholders. Based on Green (1989), management must recognize that successful system development depends on both behavioral and technical skills. He added that, training to improve behavioral skills such as interviewing and listening is needed. This is because they have to interact with many groups of people in various businesses where this group of people provides valuable insights to ensure the system satisfies the business needs. Besides, system analysts also liaise with almost every department of the business that is involved in solving the system problem. In addition, management must also provide an orientation program for the users involved in new projects. This program is mainly about the specific activities of system development and related skills needs for analysis. This program may facilitate the improvement of interaction skills and promoting greater consumer awareness of the importance of behavioral skills for systems development functions (Green, 1989). Technical skills There is no doubt that technical skills are areas commonly considered major to the computer related profession including system analyst. According to Misic and Graf (2004) technical skills are the ability to use techniques such as the development of systems of functional decomposition, data flow diagrams, process specifications, object-oriented analysis, data modeling, computer programming, hardware and software knowledge and other tools that are recognized to help in the development of a system. Similar with Lerouge, Newton and Blanton (2005) technical skills referred to hardware, software and programming aspects of information systems. In different point of views, Gallagher et. al (2010) indicated that technical skills can be divided into three major categories, foundational skills, operational skills and essential skills. Table 1, shows some of the technical skills that need to be possessed by every IT professional. Table 1: Technical Skills Foundational Skills Operational Skills Essential Skills Programming System testing Desktop Support/ Helpdesk Database Design / Management Operating Systems Voice / Data Telecommunications Operations Service Hosting Continuity / Discovery Planning Mainframe / Legacy Systems Analysis Systems Design IT Architectures / Standard Source: Adapted from Gallagher et. al (2010) Based on the above table, it can be assumed that system analyst requires all three technical skills as to stay competitive with todays dynamic environment, especially in the emergence of the internet and intranet technologies. This rapid change in technology forced the system analyst to prepare and focuses on the system analysis and development of a system by mastering all relevant technical skills. Foundation skills are skills to be obtained in advance by system analysts for their basic knowledge for continued career growth as well as before further develop to a higher level of skills. Whereas as indicated by Gallagher et. al (2010), operational skills often in particular, but they are usually not firm-specific. Though, they may be specific to technology providers such as, IBM mainframes or Microsoft server products. These skills are important to solve problems that are related to the computers and both hardware and software. Meanwhile, essential skills are the most important skills in assisting a system analyst to perform task in analyzing and designing of system development. There are changes in the system analyst technical skill set due to the development of technology. In addition, these skills have increasingly emphasized across all IS job. According to Lee (2002), the skills involved were desktop, operating systems, third generation languages, database and packages as well. In contrast, Haga et. al (2007), have identified three major technical skills set that is listed in the job bank, there are, database skills, operating system skills and other miscellaneous skills. Table 2, summarizes the technical skills required for a system analyst listed in the job bank. Some of these skills are crucial for them to operate and implement the system development. Table 1: Technical skills required for system analyst listed in the job bank. Database Skills Operating System Skills Other Miscellaneous Skills Oracle SQL PL/SQL Database DB2 SQL Server Powerbuilder Sysbase Data Mining/ Data Warehousing Informix Delpi UNIX/LINUX Win NT Win 95/98/2000 AS400/ OS400 Mainframe JCL Novell Sun Solaris DOS MAC OS MS Office Internet/ Intranet Development Networking/Telecom SAP Accounting (pay-roll, etc) Peoplesoft Tech Support/ Help Desk ERP Lotus Notes uml Crystal Reports Vision Source: Adapted from Haga et. al (2007) 5.0 CONCLUSION It can be concluded that excellent system analyst only can be developed through appropriate skills and sufficient knowledge. While developing an effective project team members, the team leader also need to have multiple skills in managing those people in the project management. According to Tan (2004), due to multi-disciplinary and multi-dimensional of project management, a good manager is an individual that can wear multiple hats and work in any discipline of development to plug up any shortcomings. For system analysts, it is necessary for them to fulfil the excellent system analyst characteristic in order to achieve project goals on time and within the budget besides preventing a conflict with others in the same project.

Wednesday, September 4, 2019

Essay --

Reproductive System The reproductive system is a group of organs that work together to make a new life. Most organs of the reproductive system are the external genitalia and the internal organs, including gonads that produce gamete. The external genitalia are found in the pelvis and vulva and gonads are testicles and ovaries. The female reproductive organs are found inside of the pelvis and most of the male reproductive organs are found outside the body. Most of the organ of a male reproductive system is the penis and a female is the vagina. The breasts are one of many parts of the reproductive system. The breasts are organs that have mammary glands, milk ducts, and adipose tissue. In the middle of each breast is a nipple that releases milk when production for a new life has begun. The areola is a thick piece of skin that surrounds the nipple and protects the tissues under when your breastfeeding. There are many types’ problems that have to do with the breast like breast cancer. Breast cancer is a malignant tumor that starts in the cells of the breast, usually starts in the inside the milk ducts or lobules. A malignant tumor is a cancer cells that can grow into in tissues or spread to different parts of the body. Doctors say one in eight women will be diagnosed with breast cancer in their lifetime. Breast cancer is the mostly diagnosed in women, and the second leading cause of death for them. Even though breast cancers are mostly found in women men can get it to but it’s very rare. Doctors are not really sure what the exact cause of breast cancer. Doctors say some of the causes can be, the older you get your chances rise, starting periods before the age twelve or going through menopause before the age fifty-five. Risk of b... ... cells, or by placing radioactive material inside your body; side effects can include fatigue, sun burn rash or tissue may seem swollen. There are different types of stages of breast cancer. Staging tells how far the cancer has spread within the body, staging is determined after breast cancer has been diagnosed and stages from 0 to 4 depending on how far its spread. Stage 0 cancer cells are only found in one location, Stage I cancer cells have left the milk ducts but haven’t reached the lymph nodes, Stage II cancer increases in size and has reached the armpit lymph nodes, Stage III cancer has spread to the cervical lymph nodes or tissue around the breast, Stage IV cancer has spread to other organs. Treatments are Herceptin witch cause cells to die, Kadcyla a cell killing drug let into the cancer cells, Tykerb and Perjeta. All these treatments have side effects.

Tuesday, September 3, 2019

Expansion On The Recent Discoveries Concerning Nitric Oxide :: essays research papers

Expansion on the Recent Discoveries Concerning Nitric Oxide as presented by Dr. Jack R. Lancaster   Ã‚  Ã‚  Ã‚  Ã‚  Nitric Oxide, or NO, its chemical representation, was until recently not considered to be of any benefit to the life processes of animals, much less human beings. However, studies have proven that this simple compound had an abundance of uses in the body, ranging from the nervous system to the reproductive system. Its many uses are still being explored, and it is hoped that it can play an active role in the cures for certain types of cancers and tumors that form in the brain and other parts of the body.   Ã‚  Ã‚  Ã‚  Ã‚  Nitric Oxide is not to be confused with nitrous oxide, the latter of which is commonly known as laughing gas. Nitric oxide has one more electron than the anesthetic. NO is not soluble in water. It is a clear gas. When NO is exposed to air, it mixes with oxygen, yielding nitrogen IV dioxide, a brown gas which is soluble in water. These are just a few of the chemical properties of nitric oxide. With the total life expectancy of nitric oxide being from six to ten seconds, it is not surprising that it has not been until recently that it was discovered in the body. The compound is quickly converted into nitrates and nitrites by oxygen and water. Yet even its short-lived life, it has found many functions within the body. Nitric oxide enables white blood cells to kill tumor cells and bacteria, and it allows neurotransmitters to dilate blood vessels. It also serves as a messenger for neurons, like a neurotransmitter. The compound is also accountable for penile erections. Further experiments may lead to its use in memory research and for the treatment of certain neurodegenerative disorders. One of the most exciting discoveries of nitric oxide involves its function in the brain. It was first discovered that nitric oxide played a role in the nervous system in 1982. Small amounts of it prove useful in the opening of calcium ion channels (with glutamate, an excitatory neurotransmitter) sending a strong excitatory impulse. However, in larger amounts, its effects are quite harmful. The channels are forced to fire more rapidly, which can kill the cells. This is the cause of most strokes. To find where nitric oxide is found in the brain, scientists used a purification method from a tissue sample of the brain. One scientist discovered that the synthesis of nitric oxide required the presence of calcium, which often acts by binding to a ubiquitous cofactor called calmodulin. A small amount of calmodulin is added to the enzyme preparations,

Monday, September 2, 2019

Effectiveness of juvenile justice Essay

There is no doubt that youthful offending has occurred throughout recorded history. Youth offenders are grouped in an individual division of the criminal justice system, known as the Juvenile Justice System. Juvenile Justice is an extensive term, encompassing numerous aspects of the criminal justice system, from criminology, to crime prevention strategies, punishment and rehabilitation. According to the Children (Criminal Proceedings) Act 1987 (NSW), juvenile justice refers to the system of criminal law which deals with offenders between the ages of ten and eighteen. This group can then be subcategorised into offences committed by children (aged ten to fifteen) and young people (aged sixteen to eighteen). Both of these subcategories of individuals in the juvenile justice system are said to hold criminal responsibility. But those subjects under the age of ten, according to the Children (Criminal Proceedings) Act 1987 (NSW), hold no criminal responsibility, due to the common law operat ion of doli incapx1. The subsequent report will outline a variety of facets of Juvenile Justice as a present criminal justice issue within Australia, with an emphasis on diversionary schemes, the Children’s Court and Detention Centers (juvenile justice centers and juvenile correction centers). Furthermore, the issue will be considered within the jurisdiction of New South Wales. The reason for such a jurisdiction restriction to consider the issue only within New South Wales is because Juvenile Justice Law differs in each state and territory due to it being part of the residual powers of the state, granted under the principle of the division of power – which is in full operation within Australia. Preceding the presentation of the issue, an extensive assessment of the issue of Juvenile Justice in relation to justice, equality and fairness will be made, drawing upon various case material, legislation and media sources, to draw an accurate conclusion on the effectiveness of the legal system in d ealing with the matters that surround Juvenile Justice. Breaking the Myths: the reality (Facts and Figures) of Juvenile Justice in New South Wales The usual picture painted of juvenile crime is aptly drawn in the following comment made to the Australian Law Reform Commission when it was examining the sentencing of young offenders: â€Å"Notions of a ‘juvenile crime wave’ about to engulf the community have wide popular currency. It  seems to be commonly believed that juveniles commit a disproportionately large number of serious personal and property offences, or that new legislation and programs lead to an increase in juvenile crime, or that society is getting soft on its delinquents, and that tougher institutions and harsher penalties would help curb juvenile crime.†2 In contrast to the picture created by many media stories and thus society’s general view on juveniles, it can easily be shown how inaccurate the portrayal may be, when drawing upon statistical evidence and data. One of the crimes most associated with juveniles is motor vehicle theft. Motor vehicle theft has been declining since 2000, with 7618 vehicles stolen in November 2003 being the lowest figure recorded since figures were first collected in 1995. Further, despite poplar images, in 2002 – 03 only 29 per cent of motor vehicle theft offenders were juveniles and this rate was lower than data collected in 1995 – 96, when 36 percent of motor vehicle theft offenders were juveniles. This is not the only example which exposes the inaccuracy of both the media and society’s illustration of juvenile crime. The rate of juvenile offending is decreasing, from 4092 per 100,000 juveniles in 1995 – 96 to 3130 in 2002–03. The rate of offence dropped twenty per cent since 1995, while the female rate increased slightly to 2000-01, and then dropped 28 per cent by 2003. The most common juvenile offences are other theft (this category includes offences such as pick pocketing, bag snatching, stealing and bike theft), unlawful entry with intent, assault, and motor vehicle theft. Rates for all of these, except assault, declined between 1995-96 and 2002-03 and the rate for other theft decreased by 38 per cent in this period. 3 See Appendix 1 and 2 for full statistical graphs and tabulated evidence. The NSW Bureau of Crime Statistics and Research publishes extensive figures for criminal cases in the Children’s Court. These figures do not include cases dealt with by diversionary schemes (which will discussed shortly). In 2002, the Children’s Court had 8546 juveniles appear before it on criminal charges, and cases were proven against 5398 of them. The six most common offences are pictured in Appendix 3, 4 and 5. New South Wales Juvenile Justice Regulatory Legislation The main statutes regulating the operation of Juvenile Justice in Australia are: Children (Criminal Proceedings) Act 1987 (NSW): This act sets out court procedures for trying children. It was amended by the Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2002 (NSW) to have people convicted of an indictable offence transferred to adult correction facilities upon turning eighteen. Children (Detention Centres) Act 1987 (NSW): This act sets out the way in which juvenile justice centres are administered and processes encompassing the supervision of juvenile detainees Children (Community Service Orders) Act 1987 (NSW): This out outlines supervisory processes of juvenile offenders placed on community service orders Children’s Court Act 1987 (NSW): Sets out the constitution and jurisdiction of the Children’s Court Children (Protection and Parental Responsibility) Act 1997 (NSW): This act explicitly has made parents responsible for the past and future actions of their children. It has also granted police to have powers to remove young people from public places in local government ‘operational’ areas Young Offenders Act 1997 (NSW): An Act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings; and for other purposes 4. Crimes Amendment (Detention After Arrest) Act 1997 (NSW): amends the Crimes Act 1900 (NSW) to give police powers to detain young people after arrest for up to four hours Juvenile Offenders Legislation Amendment Act 2004 (NSW): This act established a new form of prison (‘juvenile correctional centre’) for young people sixteen years and older. Amendments were made to the Children (Criminal Proceedings) Act 1987 (NSW), Children (Detention Centres) act 1987 (NSW) and the Crimes (Administration of Sentences) Act 1999 (NSW). The statues concerning juvenile justice have been created according to international law principles, or amended, to ratify various international conventions of which Australia is a party. Children are recognised internationally as to be treated differently from adults in the criminal justice system, acknowledging that children progress through a number of developmental stages as part of the process of becoming adults. Such international law which recognises the need to treat juveniles differently  comprise of the: Convention on the Rights of the Child (CROC) United Nations Standard Minimum Rules for the Administration of Juvenile Justice United Nations Guidelines for the Prevention of Juvenile Delinquency UN Rules for the Protection of Juveniles Deprived of their Liberty A separate juvenile justice system provides safeguards to protect children and young people, based on international rules for the administration of juvenile justice. In NSW this separate juvenile justice system is administered by the Department of Juvenile Justice, whose mission statement is to â€Å"provide services and opportunities for juvenile offenders to meet their responsibilities and lead a life free of further offending†5. Diversionary Schemes It is clear that there are a variety of statutes regulating the operation of juvenile justice in New South Wales. Of particular importance is the Young Offenders Act 1997 (NSW). This act came into effect on April 6th 1998. The objects of this act aim to â€Å"establish a scheme that provides an alternative process to court proceedings for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings†6. That is, change the way the criminal justice system deals with young offenders by diverting young offender’s away from the court and juvenile justice centres, to alternative forms of intervention (see appendix six for full objects of the act and appendix seven for the sentencing of juveniles; an illustration of when diversion can occur). The Young Offenders Act 1997 (NSW) gives a hierarchical scheme of alternatives to court hearings and detention; these schemes from the lowest level of the hierarchy to the highest level of the hierarchy are: Warnings directed by the NSW Police Formal cautions directed by the NSW Police Youth Justice Conferences directed by the Department of Juvenile Justice These diversions from the court and juvenile justice centres can be employed for the vast majority of offences committed by young people. However, in  Section 8 of the Young Offenders Act 1997 (NSW) the offences which are covered/not covered by the statute are outlined. Offences that cause the death of a person, indecent assault, aggravated indecent assault, acts of indecency (see appendix eight for definition and scope), aggravated acts of indecency, sexual intercourse (or attempt of) with a child between ten and sixteen years, attempts or acts of bestiality, serious drug offences and motor vehicle offences where the young person is old enough to hold a license or permit under the Motor Traffic Act 1909 (NSW) are not covered by the Young Offenders Act 1997 (NSW)7 and are therefore dealt with by the court system. Warnings Under the Young Offenders Act police officers have the discretion to give young offenders warnings for minor summary offences that do not involve violence or related issues. An example of such a minor summary offence is the use of foul language in public. A warning can be issued at any time or place and does not require that the young person admit the offence, although, the police must record the time, place and nature of the offence and the offenders name and gender. The investigating official must â€Å"take steps to ensure that the child understands the purpose, nature and effect of the warning†8. Cautions Under the Young Offenders Act police have the discretion to issue a formal caution for more serious offences covered under the Young Offenders Act. The young offender must admit the offence (after being given the opportunity for legal advice) and consent to being cautioned. If a young person chooses not to be cautioned, they will be dealt with by a court. When making the decision to issue a caution, the police officer must consider: (a) the seriousness of the offence, (b) the degree of violence involved in the offence, (c) the harm caused to any victim, (d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act, (e) any other matter the police officer thinks appropriate in the circumstances. 9 A maximum of three cautions can be given to any one person. A number of individuals, on request by the offender, can be present when the caution is given, including: (a) the child and the person giving the caution, (b) a person responsible for the child, (c) members of the child’s family or extended family, (d) an adult chosen by the child, (e) a respected member of the community chosen by the child, if the person arranging the caution is of the opinion that it is appropriate in the circumstances to do so, (f) an interpreter, (g) if the child has a communication or cognitive disability, an appropriately skilled person, (h) if the child is under care, a social worker or other health professional, (i) if the child is subject to probation or a community service order, the child’s supervising officer, (j) if the investigating official is not giving the caution, the investigating official. 10 As a result of a caution, the young person can be asked to write an apology to any victim(s) of the offence, but no other conditions or penalties may be imposed on the child. Youth Justice Conferences The aim of the scheme of Youth Justice Conferences, empowered by the Young Offenders Act, is to encourage young people to take responsibility for their actions and to discourage them from reoffending. This process allows issues to be addressed in a non-threatening environment and enables the youth to gain access to appropriate services, such as counselling, to help them resolve the underlying problems. The offender must consent to the conference, and must be given a chance for legal advice before consenting to the conference. The decision to hold a conference can be made by the Director of Public Prosecutions or upon court order. The decision to hold a conference is based on the following factors: (a) the seriousness of the offence, (b) the degree of violence involved in the offence, (c) the harm caused to any victim, (d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act, (e) any other matter the Director or court thinks appropriate in the circumstances. 11 The Department of Juvenile Justice is responsible for the operation of youth justice conference in NSW. Youth justice conferencing offices are based mostly in Juvenile Justice Community Offices throughout NSW. Those usually present at the conference can include, the conference convenor, the young offender, the parents/guardians of the offender, other members of the offenders family, the victim (if they choose to attend), support people of the victim and a police officer. The result of a Youth Justice Conference is the creation of an â€Å"outcome plan†, a realistic and achievable plan agreed on by the offender and victim. Each outcome plan is different, and may include the following: (a) the making of an oral or written apology, or both, to any victim, (b) the making of reparation to any victim or the community, (c) participation by the child in an appropriate program,  (d) the taking of actions directed towards the reintegration of the child into the community. 12 If a young person satisfactorily completes an outcome plan, no further action can be taken against him or her for that offence. If this is not the case, the administrator returns the matter to the referring body which then deals with the young person as if the conference had never occurred. Children’s Court: Sentencing Options Young offenders are referred to the children’s court [empowered under Children’s Court Act 1987 (NSW) and Children (Criminal Proceedings) Act 1987(NSW)] for the most serious indictable offences, such as murder, manslaughter, sexual offences, domestic violence, drug trafficking and any other offences that result in the death of a person (i.e. all offences which are not covered under the Young Offenders Act).   The court has limited sentencing options, set out in a hierarchy of available penalties in order of severity. Sentencing hierarchies have been introduced in order to guide the court in selecting an appropriate penalty and to provide a greater degree of consistency in sentencing. Some statutes prevent the court from imposing a sentence at one level unless it is satisfied that a sentence at a  lower level of the hierarchy is inappropriate. Such requirements have been designed to require magistrates to justify the use of more severe penalties, to promote the use o f non-custodial options, and to reinforce the use of detention as a sentence of last resort. The sanctions available to the Children’s Court in NSW, in order of decreasing severity, include the following: detention in a juvenile justice centre or juvenile correction facility suspended detention  community service order, attendance centre order  probation (usually up to two years) or other supervised order fine or compensation and good behavior bond  fine or compensation  referral to a youth conferencing scheme  good behavior bond  undertaking to observe certain conditions  dismissal of charges with or without either a reprimand or a conviction recorded The objectives of sentencing, defined as, retribution, deterrence, rehabilitation and incapacitation have a certain difficulty in being met when sentencing juveniles. Instead, sentencing aims to meet the following objectives: Responsibility; intent, excuse, impairment, motive. This mitigating factor of responsibility is changed when applied to young offenders, due to the notion of reduced responsibility be cause of age Proportionality; sanction applied by the court needs to take account of the seriousness of the crime and responsibility of the offender Equality; consistency in punishment. Frugality; sentence imposed should be the least restrictive that is appropriate Rehabilitation; the court must take into account the chances of rehabilitation for the offender As well as an outline of the options available when sentencing and the objectives that must be achieved when sentencing, the key issue that remains to be examined is the actual use of these sentencing options. Appendix Nine tabulates the various court outcomes from the Children’s Court in 2000. Noteworthy is the â€Å"other proven outcomes† category, comprising a total of 15.1 per cent of the outcomes. This category includes such outcomes as apprehended violence orders, compensation and  committals to higher courts. The next major category is dismissed with a caution, comprising 13.8 per cent of the court outcomes. The offence categories where dismissals are most frequently used are public order offences and drug offences. Most notable is the use of detention, the sixth most frequently used outc ome, 9.8 per cent of the time. Detention Centers: Juvenile Justice Centers and Juvenile Correction Centres In some jurisdictions there are certain legislative requirements when the court is considering sentencing a young person to a period of institutionalisation. Generally speaking, the court must be satisfied that no other sentencing option is appropriate, that is, the offender has not responded to the different preventive and rehabilitation methods available or the offender has committed a serious indictable offence and no other sentencing option is feasible. It is clear that the use of detention is meant to be a â€Å"last resort† measure. The detention of young offenders is driven by several competing rationales, including deterrence, retribution, community safety and rehabilitation. The relative emphasis placed upon these will shape the overall direction of detention-centre policy and have a major impact on the nature of the incarceration experience. Many counseling and education programs are available in Juvenile Justice Centers and Juvenile Correction Centers, like, Kairong Juvenile Correction Facility and Reiby Juvenile Justice Centre in New South Wales. It is expected that these young offenders will be able to exit the system with the same skills and vocational opportunities as any other youth, as they offer many services to incarcerated offenders, such as: drug and alcohol counseling services educational opportunities vocational programs health programs and services recreational programs independent living programs arts and crafts courses cultural programs; special services for Aboriginal offenders legal services It is clear that detention facilities, as required by legislation, provide a secure, stable environment with an accent on rehabilitation and reintegration into the community. Importance is placed on upholding the rights and dignity of juvenile offenders and maintaining family links. Juvenile Justice: Fairness, Equality and Justice The three key legal notions of fairness, equality and justice are fundamental when assessing any issue within the Australian legal system. It is said that these three notions are the speculative cornerstones of the entire legal system, with each decision (whether they be statute law or common law decisions, decisions by government departments or decisions made by law enforcers) made within the legal system, hinging on fairness, equality and justice. It is fundamental, when assessing the issue of juvenile justice as a current criminal justice issue, to consider fairness, equality and justice, independently, even though these three notions, in operation, are interdependent. The following is an assessment of juvenile justice in relation to the specific issues which have been outlined in this report, thus far. These specific facets of juvenile justice are its relevant regulatory legislation, diversionary schemes, the Children’s Court and Detention Centers. – Equality Many individuals argue that equality before the law is the most fundamental and important aspect of our judicial system. Equality before the law means that all people who come before courts are treated equally regardless of their individual situation; this is formal equality before the law. But equality also suggests that everyone is treated the same and to achieve equal treatment, mitigating circumstances must be taken into account during the legal process, so that equality of outcomes can be achieved. The statues regulating juvenile justice all take into account the age of criminal responsibility before the law, and the fact that being a juvenile does in fact reduce responsibility before the law. Because of this, formal equality for juveniles can be achieved, as all juveniles are considered to have reduced criminal responsibility due to the fact that they are indeed juveniles. The imposing of formal equality, which is clearly defined in the various statutes regulating juvenile justice, does not occur during the operation of the statutes by law enforcement officials, such as police officers. It is evident that minority racial groups can be discriminated against at the law enforcement level, that is, due to the police. During the documentary, Insight: Juvenile Justice, produced by SBS Australia and screened by SBS Australia on March 3rd 2000, which was documented by reporter, Vivan Ultman, raises many issues in regards to the treatment of ethnic minorities within the juvenile justice system. Chris Cueen a criminologist in New South Wales believes there is a clear reason for the over representation of minority groups in Juvenile Justice Centers, stating â€Å"the clear answer to that is the most marginalized kids in society are the ones that end up locked up, it’s a reflection on unemployment and ethnicity†. Former magistrate of the Children’s Court in NSW, Rod Blackmore, states that â€Å"they (ethnic minority juveniles) aren’t being dealt with more harshly by the courts, or by the system, it’s rather a gate keeping problem, whether they’ve been diverted in the first place by the police or they are quickly being charged and arrested by the police†. Because of the lack of diversion by the police, who do not utilize diversionary schemes empowered under the Young Offenders Act 1997 (NSW), such as an on the spot warning or a more serious formal caution, a clear inequality has resulted – leaving more ethnic minorities, such as indigenous Australians, in juvenile correction facilities. This overrepresentation, specifically to indigenous Australians, is clearly illustrated in the statistical data comprised by the Australian Institute of Health and Welfare, shown in Appendix Ten. Yet, this over representation could be avoided if the police force took active steps to ensure equality in treating indigenous Australians. Over policing in areas of high indigenous population could be reduced to decrease the tensions between indigenous juveniles and the police. In an article written by Liz Gooch, titled â€Å"Aboriginal Prison Rates Increasing† in The Age on the 12th of July 2005, the focus is on indigenous juveniles who are, as quoted, â€Å"20 times more likely to be detained than other Australians†. Not only this, such unequal treatment â€Å"could affect their future significantly, possibly leading to further convictions later in life†. Yet, of importance, is the inequality of ethnic minorities within the community prior to entering the Juvenile Justice System. In New South Wales, groups of indigenous Australians and those from non-English speaking backgrounds, are portrayed by the media as being disadvantaged and typical â€Å"offenders†. Whether or not this true, this has a strong bearing on the factors which lead individuals, like these minority groups, to commit crimes. The result of negative public image can often lead to the justification of groups such as indigenous Australians, to commit crimes. But, active steps have been taken to ensure equality of all juvenile offenders who appear before the Children’s Court, as all juveniles have access to the Legal Aid Youth Hotline, which gives free advice to juvenile’s at all stages in the juvenile justice system. Not only this, during diversionary schemes – such as cautions and Youth Conferencing – young offenders may elect individuals to be present at such schemes, such as interpreters, to ensure equality of opportunity for all young offenders. Equality of opportunity is further encouraged through the use of various educational and vocational training programs during incarceration periods. This ensures that when juveniles exist their incarceration sentence, they are at equal (or near equal) status with other individuals, as if they had not been through the process. There is also indirect discrimination created by the notion of equality before the law. An Australian Law Reform Commission and Human Rights and Equal Opportunity Commission join report, â€Å"Seen and Heard: Priority for Children in the legal Process†13, identified a number of problem areas with respect to young people. One of the most important problems was their relationship with police, the inadequacy of courtroom facilities and inadequate training for criminal justice personnel in dealing with young people. Although this report was created some time ago, improvement is a process of continuity, which may never be fully achieved. – Fairness Fairness refers to the legitimate and proper conduct in the performance of an act or duty. In regards to Juvenile Justice there are many instances when ‘unfair’ treatment in the eyes of the law may occur. One such example of this is the provision of legal advice upon detainment of a juvenile. In the past, when a child asked to speak to a lawyer, police had sometimes given the young offender a telephone book and told them to look one up, often outside business hours. In the case of R v Clifford Cortez14 the court found that this was not fair practice and that the custody manager must inform the child about the free Legal Aid Youth Hotline and help them to access it. In this case, Justice Dowd created common law precedent, when he stated â€Å"Young people aged 17 rarely have a solicitor and rarely have a contact number for one available. It is as absurd as suggesting they might contact their architect or dietary advisory. The whole intention of the hotline is that young people would know that is free, that it is available, and that they would be able to obtain advice there and then. Failure to make it available is a clear breach of the Act and regulation but, more importantly, in breach of the requirement of fairness to the young person†. It is clear that in an effort to allow fairness during the juvenile justice process, the right to legal advice must be upheld. Furthermore, in the case R v Phung and Hunyh15 the importance of the appropriate support person was enforced. In this case, seventeen year old Johnny Phung was suspected of committing an armed robbery and fatal shooting. Police arrested him and conducted two interviews while he was in custody. The these interviews, Phung made admissions about his involvement with the offences. Phung, was not granted an appropriate support person during his questionings. The support person in the first interview with Detective Senior Constable Quigg was Phung’s 21 year old cousin, who did not have strong English (and too was intimidated by the police). The second support person was a Salvation Army Officer who was a stranger to Phung and did not have any opportunity to talk to him privately. When Phung was charged and brought to Court, justice wood refused to admit the interview transcripts, finding that the police had acted improperly by not providing an appropriate support person for Phung. Justice Wood stated â€Å"I would exclude the evidence, since I am of the view that the apparent failure of those concerned to secure compliance with the regime gives rise to an unfairness, and outweighs the probative value of the admissions obtained, powerful as they might have been†. It is clear that in the efforts to  promote fairness in the juvenile justice system, an appropriate support person must be present during the police detainment. Particular unfairness can result in the Children’s Court Sentencing Process, with the most important consideration in sentencing juveniles being rehabilitation. This was illustrated in a case that went to the New South Wales Court of Criminal Appeal, R v GDP16. P was a 15 year old boy who, with two friends, caused extensive damage to a car yard and construction company in the western suburbs of Sydney, to the value of more than $1.5 million. P was arrested by the police and made admissions in two records of the interview. P’s charge could have been determined in the children’s court; however, the court used its discretion to commit P to stand trial in the District Court. P pleaded guilty and was sentenced to 12 month’s detention. A successful appeal was lodged in the Court of Criminal Appeal and the sentence was reduced to 12 months’ probation. Justice Matthews, in her judgement, made a number of points concerning the principles of sentencing young people. She noted that P was a first offender and had received a favourable court report, school report and psychiatric report. He had rehabilitated himself to a substantial degree since the original offence by not reoffending and by returning to school. Justice Matthews found that the original judge who had imposed the custodial sentence had been wrong on two accounts. Although the sentence of 12 months’ detention was within the range of appropriate penalties, it did not take into account the youth of the offender or his or her prospect of rehabilitation. Not only this, the sentencing judge had failed to distinguish the minor role played by P in the offences, he had the same sentence as one co-offender but had played a substantially less role. Other cases since GDP have also been significant in upholding the importance of rehabilitation, including R v Wilkie17, R v Vitros18 and R v ALH19. It is clear that in order to produce a fair outcome for each individual, mitigating circumstances must be taken into account as well any other particular circumstances which surround the case. Examples such as these are extensive, with numerous cases of unfairness during process due to inadequacy of complying with various specifications, outlined in statutes such as the Children (Criminal Proceedings) Act 1987 (NSW) and the Children’s Court Act 1987 (NSW). – Justice Justice is a subjective term depending on the context it is used in. Everyone has an individual idea on what they personally believe justice is. Justice takes into account the notions of equality and fairness, as well as notions of access, equity and human rights. Criminal law is said to operate to right the wrongs of individuals in the community, on behalf of the state. It is a matter of public law, where the state prosecution acts on behalf of all members of society to give the most appropriate retribution for the individuals wrong to society. Yet, Youth Conferences as a diversionary scheme are questioned in their ability to achieve justice for the individual affected by the crime, and thus justice for society. In 2003, 1250 Youth Justice Conferences were run as alternatives to the Children’s Court. Through a youth conference, an individual experiences shame in front of the eyes of intimates and must experience a form of repentance in front of these intimates. It is said to achieve justice for young offenders as it is not excessively confrontational and produces an achievable outcome plan, agreed upon by both the offender and the victim. But, the question remains as to if this is in actuality an achievement of justice. Conferences are considered by many to be a progressive approach to juvenile justice because they recognise the rights of young offenders, their victims, and both their families and community to decide what to do about the damage caused by the offender’s actions. They also provide a forum for discussing and addressing many of the complex issues associated with young peoples offending. In a documentary, titled â€Å"Joe’s Conference: what happens at a youth justice conference†, produced by the Redfern Legal Centre Publishing, in 2000, depicts the process of youth justice conferences as it follows the story of Joe, a youth offender who stole a car, preceded to destroy the car and was then caught by the police, and sent to a youth justice conference. At the conclusion of the documentary, Joe’s agreed outcome plan includes community service and undertaking vocational training at a certified  mechanic’s work shop. No compensation is rewarded for the vic tim, who has lost his car. Although agreed upon by both the offender and the victim, justice, in the eyes of many, may have not been achieved. Yet, contrary to this opinion, in an article featured on the Bureau of Crime Statistics and Research, NSW, titled â€Å"Re-offending by young people cautioned or conferenced†, released on the 3rd of January 2007, found that â€Å"Juveniles who receive a caution or a youth justice conference are less likely to re-offend than those who are referred to the Children’s Court†. Using statistics given by the Australian Bureau of Statistics, the article states that â€Å"Forty-two per cent of those cautioned and 58 per cent of those dealt with at a youth justice conference had a further offence proved against them in the Children’s Court over the five-year follow-up period† and â€Å"only a small proportion of those cautioned (5.2 per cent) or conferenced (10.8 per cent) committed an offence serious enough to warrant a custodial sentence within five years of being cautioned or conferenced†. It is clear that Youth Conferencing can achieve justice, bec ause re-offending rates are decreased. Not only this, justice is achieved for individuals who are able to confront the offender and express their opinions. This is depicted in the article titled â€Å"Justice in the cell with no bars†, written by Jock Cheetham, which appeared in The Sydney Morning Herald on the 29th of October, 2004. Journalist, Jock Cheetham, observes the Youth Conference, on condition that â€Å"no one except the convener is identified†. The Youth Justice Conference was held to create a successful outcome plan for the offender, who is known as ‘Dave’, for offences larceny, vandalism and driving under the influence of alcohol. This article allows the understanding of how Youth Justice Conferences do in fact achieve justice, as it states how the victims felt as a result of the Conference, when the victims and Dave agreed that the offender, Dave â€Å"pay $500 and do 20 hours community work at a Police and Citizens Youth Club†. One of the victims, known as â€Å"Jacquline † states, â€Å"But I was still a bit angry at the end, I still feel he got off a bit easily. It was good because we felt it was over and done with. It doesn’t wipe it all away, but you feel part of the process.† It is clear that Youth Justice Conferences do achieve justice for victims and allow rehabilitation, and thus justice, for offenders. Not only this, by diverting cases away from the Children’s Court, a much greater resource efficiency is gained and greater  access for all young offenders is promoting, furthering the justice provided. Juvenile Justice Centers and other correctional detention facilities, do not achieve justice. Chris Cureen, a criminologist, states â€Å"the most you can say about imprisonment is it takes a young person out of circulation for a period of time and so they are no as likely to commit an offence while they’re behind bars, but in terms of deterrence they don’t work, they don’t stop other kids from committing offences and they certainly don’t stop those same kids from committing offences when they get out†. Juvenile Justice Centers are said to â€Å"teach crime† so that young offenders are more skilful crimin als upon release – in essence, Criminologist Edwin H. Sutherland, theory of differential association. It is easiest and most pleasing to society to put youthful offenders behind bars, but perhaps justice is not achieved by doing this, as it hardens the young offender and fosters further criminal behaviour. Yet, the question remains as to why incarceration facilities offer skills for children to earn a good living upon release. Chris Cueen, states, â€Å"One of the most profound ironies out of something like this is that somewhere like Kariong (the highest security juvenile justice centre in NSW) has the best employment opportunities, so you lock someone up in sort of the maximum security environment, and there at the end point you begin to five them skills or education that should’ve been offered at the very start of the process†. Juvenile Justice Centers offer educational programs to rehabilitate young offenders, but too, foster crime. It is dependant on each individual as to whether the correctional facility is beneficial or detrimental to the offender. Furthermore, l aws regulating Juvenile Justice uphold international human rights standards, such as the UN Conventions on the Rights of the Child (CROC). The statues regulating juvenile justice provide for non-discrimination (article 4), the best interests of the child (article 3), survival and development (article 6) and participation in decision making (article 12). Justice is achieved for young offenders as statues regulating offenders protect ratified human rights conventions. Not only this, justice for juvenile offenders is achieved as it is an offence to publish or broadcast the name or other identifying characteristics of a young person appearing before or convicted by the children’s court. This achieves justice as it avoids future stigmatisation of the young offender and also by ensuring maximum  opportunities for personal growth and development. Conclusion Overall juvenile justice law, as assessed in the previous section, promotes fairness, equality and justice. The common law aims for rehabilitation of offenders, but will not hide from more serious sentencing options, such as detention. If this is continually maintained as the driving force behind the Juvenile Justice System, the pinnacle point of the effectiveness will be reached. For the system to be most effective, a balance must be achieved between the offender and sentencing options, remaining in proportion. Although great improvements are needed in areas of dealing with minority offenders to achieve formal equality before the law, as well as further strict enforcement of principles set out in Juvenile Justice regulatory statues to achieve fairness, total justice, and the utmost effectiveness of the system will be reached. Bibliography: Books: Cunneen. C, White. R. Juvenile Justice: Youth and Crime in Australia, Oxford University Press, Melbourne, 2002 Loughman, J. Mackinnon. G, Hot Topic 49: Juvenile Justice, Legal Information Access Center, NSW, 2004 Findlay. M, Odgers. S, Yeo. S, Australian Criminal Justice, Oxford University Press, NSW, 1999 Healey. K, Issues in Society Volume 90: Youth and The Law, The Spinney Press, NSW, 1998 Healey. K, Issues in Society Volume 40: Juvenile Justice, The Spinney Press, NSW, 1995 Department of Juvenile Justice, What’s Happening in Juvenile Justice in NSW?, Department of Juvenile Justice, Sydney, 2000 Ardagh. A, Youth Conferencing: Contrasting Models, Charles Sturt University, Wagga Wagga, 1996 O’Connor, I. and Sweetapple. P, Children in Justice, Longman Cheshire, NSW, 1988 Western. J, Lynch. M, Ogilvie. E, Understanding Youth Crime: An Australian Study, Ashgate, NSW, 2003 Roberts. A, Juvenile Justice Sourcebook: Past, Present and Future, Oxford University Press, New York, 2004 Cornu. Daryle, Miller. A, Robinson. S, Kelly. T, Steed. K, Cambridge Legal Studies: HSC, Cambridge University Press, Melbourne, 2006 Gleeson. W, Brogan. M, Siow, V, Hayes. M, Thiering, N. Heinemann Legal Studies: HSC Course, Heinemann, NSW, 2003 Brassil. D, Brassil. B, Excel HSC: Legal Studies, Pascal Press, NSW, 2005 Draper. H, Legal Studies: HSC, Longman, Melbourne, 2002 McCarthy. J, Suter. K, Watt. R, Legal Studies 2, Macmillan, South Yarra, 2000 Documentaries: Vivian Ultman, Insight: Juvenile Justice, SBS Australia screen on March 3rd 2000 Fiona Cochrane, Youth Express: Is Justice For all?, Marcom Projects, 1993 Joe’s Conference: what happens at a youth justice conference, Redfern Legal Centre Publishing, 2000 Articles: Liz Gooch, â€Å"Aboriginal Prison Rates Increasing† in The Age on the 12th of July 2005 Jock Cheetham, â€Å"Justice in the cell with no bars†, The Sydney Morning Herald on the 29th of October, 2004. â€Å"Re-offending by young people cautioned or conferenced†, Bureau of Crime Statistics and Research, NSW, 3rd of January 2007 Cases: Accessed via http://beta.austlii.edu.au/ R v Clifford Cortez (Unreported Supreme Court, 3 October 2002) R v Phung and Huynh [2001] NSWSC 115 revised – 15/05/2001 R v GDP (1991) 53 A Crim R 112 R v Wilkie, NSW Court of Criminal Appeal, unreported 2 July 1992 R v Vitros, NSW Court of Criminal Appeal, unreported 3 September 1993 R v ALH, NSW Court of Criminal Appeal, unreported 26 May 1995 Note: Cases in the NSW Children’s Court are heard in camera, and could thus not be used in the report Websites: http://beta.austlii.edu.au/, accessed 23/2/07 http://home.comcast.net/~ddemelo/crime/differ.html, accessed 23/2/07 www.aic.gov.au, accessed 23/2/07 www.djj.gov.au, accessed 23/2/07 www.abs.gov.au, accessed 23/2/07

Sunday, September 1, 2019

The Unethical Business in the Telecommunication Industry

Executive summary The report will have a close look on unethical business about telecommunication industry. We know that a lot of times the rights of consumers are not protected. Because of the much unethical behaviour in the industry, consumers often faced the choices between interest and social morality. In many cases this report has discovered that the unethical behaviours. The essay will also Analysis of each company and provides recommendations for investors. Introduction This report will look at: The unethical behaviour about WorldCom accounting scandal †¢ The Monopolistic competition about china telecom †¢ The overcharging behaviour of AT&T †¢ Recommendations for telecommunication industry †¢ Conclusion Findings WorldCom WorldCom, The America’s second-biggest long distance phone company. From 1999 to 2002, an internal audit had reported that $3. 3 billion in profits were improperly recorded on its books. That is on top of the $3. 8 billion in expense s. And company said it had improperly reported as capital investments.WorldCom now says it must issue revised financial statements from full year (four quarters) of 2001 and the first quarter of 2002. (Tran, 9 August 2002) After the bankruptcy of company, investors and consumers feel staggered and scare. Because it was the large company, the public think it was been trusted by the public. But the company has abused the public trust through the falsification of financial statements preparation and to deceive the public and lie about the benefits of its products in order to get more revenue. (Arnold, 22 July, 2002)China Telecom By the end of 2010, the population of Internet users in china has been reach to 23. 3 present of whole world and about 55. 3 percent of Internet users in Asia. However, china's rate of Internet is the slowest of the world, the average rate of global broadband access is 5. 6Mbps, but in china, the average rate of downlink is only 1. 8Mbps (ranked 71st in the wor ld). We noticed that the broadband market in China is lack of competition, Interesting, the average cost per Mbps is 3 to 4 times the price of UK, US and other developed countries. Hille, November 14, 2011) The price supervision and anti-monopoly bureau at china's National Development and Reform Commission surprised observers on November 9, 2011 by announcing it was investigating China Telecom and another pharmaceutical company, the state-owned fixed-line carries, for allegedly abusing its dominant market position to limit the competitor entry the broadband business. AT&T June, 2010. AT&T will stop to let the customers signing its unlimited data plans and use new tiered pricing system. Ettinger, June 2, 2010 ) AT&T listed three categories of plans: †¢Data Plus- $15 per month for 200 MB of data. If the customer is exceeding 200 MB of monthly billing cycles, they can have additional 200 MB of data for $15. According to AT&T's Statistics, 65% of mobile phone users' monthly data fl ow is less than 200 MB †¢Data Pro- customers spend $25 per month; they can get 2 GB data. If customers exceed 2 GB in this month, they can receive 1 GB data/$10. Currently, 98% of people use less than 2 GB per month in their statistics. The AT&T customers can pay additional $20 per month to let their mobile phones as a modem to offer the broadband for their computes. When the company could not found the new profit growth point, they selected provide the products which harm the interests of consumers to balance the income and expenditure of enterprises, rather than through innovation to create new revenue. Recommendations Accounting scandal Considered the WorldCom case, Association of Chartered Certified Accountants (ACCA) Calls for global professional auditors maintain independent.They want to see the audit firm limit to provides additional services in order to make accounting fraud, In accordance with industry standards to appoint auditors and requested his independent positio n and not be limited by clients. Fair competition: Monopolistic competition Monopolistically competitive markets have the following characteristics: †¢ Profit Maximiser: Maximizes profits. †¢ Price Maker: They can decide the price of the product or goods to be sold. Price Discrimination: Usually refers to providers of goods or services to different recipients to provide the same level and same quality of goods or Services, Different interview with the different price. †¢ Single seller: In a Monopolistically competitive markets there are just one or two sellers of the good which produces all outputs. For this reason, the whole market has to serve by a single company, and this biggest company is the same as the whole industry. †¢ High Barriers to Entry: The competitors are unable to entry this market of the monopoly.We can witness that the triangle part is the Deadweight loss. Antitrust law or Antimonopoly Act Competition law, the most famous competition law is ant itrust law, is law that stimulative market competes and adjust anti-competitive behavior. The role of the anti-monopoly law can be divided into four aspects: Maintain a reasonable market structure improve the efficiency of resource allocation. Maintenance and promotion of effective competition in the market, promoting the development of economic and technology. Protecting the legitimate rights and interests of consumers and social public welfare.Economic democracy Against overcharging In this case, we can witness that the company is trying to limit the consumers use more data by the data cap. But on the other hand, it seems to encouraging consumers to use more data as they like. In this case, DataPro plan, the price of exceed gigabyte is cheaper than the previous. AT&T said that its maximum of 2 gigabyte of data in the plan will just impact the 2 percent users they collected, but the truth is that the almost of data use is increasing every year. Today’s heavy user is tomorrow 's average user.The unreasonable charge of AT will hamper innovation in new ways, and hinder the healthy growth of economic and broadband industry. AT can introduce an overcharging plan that is totally anti-consumers, further indicates that the wireless market is lack of competition Conclusion The report focuses on the unethical business in telecommunication industry and analysis of three cases about famous company, we know that the WorldCom went bankrupt because the accounting scandal, china telecom loss the confidence of customers because monopolistic conduct.It will lose the market competitiveness if it loses the support of government. I may suggest AT, the United States has a sound legal system and healthy business environment. With the Strict Sales Surveillance Mechanism, customers can make the best interest for themselves. Bibliography Binger, B & Hoffman, E. : Microeconomics with Calculus, 2nd ed. p 391 Addison-Wesley 1998. Arnold, J. , 22 July, 2002. WorldCom's star falls to earth. [Online] Available at: http://news. bbc. co. uk/1/hi/business/2066885. stm? lang=en_us&output=json Ettinger, J. , June 2, 2010 . AT&T Tiered Pricing Is Anti-Consumer. [Online] Available at: http://www. freepress. net/press-release/2010/6/2/free-press-att-tiered-pricing-anti-consumer Hille, K. , November 14, 2011. China expected to increase antitrust probes. [Online] Available at: http://www. ft. com/cms/s/0/f21d704c-0c3a-11e1-8ac6-00144feabdc0. html#axzz1eqWYDERm Tran, M. , 9 August 2002. WorldCom accounting scandal. [Online] Available at: http://www. guardian. co. uk/business/2002/aug/09/corporatefraud. worldcom2