The Performance Appraisal Process Management Essay

The Performance Appraisal Process Management Essay The essence of the concept of the HRM is that people working in the organization are viewed as a valuable resource. If these people are managed properly, they can boost productivity through commitment and capability. HRM lays emphasis on the importance of integrating personnel functions (recruitment, selection, appraisal, reward, development, industrial relations, grievance and discipline, retirement, redundancy, dismissal) into the overall strategic management of the organization. All organizations evaluate the performance of their employees to find out their relative worth for the job they are doing. Performance is being related to the productivity, it is crucial for the organization to achieve its goals and objectives. Effective performance for the organization means that output can be maintained with fewer numbers of employees. Performing effectively is also of crucial importance to the employee because organizations can no longer tolerate poor performance, they (employees) are m ore likely to be dismissed. The effective management performance, therefore, is not only vital for the long-term survival of the organizations but is also a moral obligation on the employees. Performance appraisal is considered as the systematic evaluation of individuals to their performance on the job and their potentials for development (Dale S. Beach, 1980: 290). Wendell French has defined performance appraisal as a systematic and periodic assessment of how employees are doing their jobs in relation to established norms and the communication of that kind of assessment to employees. It is a process of evaluation an employees job performance with respect to its requirements. A systematic performance appraisal provides information for making decisions about various issues such as promotions, pay increases, layoffs, training and development and transfers. It is managements powerful tool in controlling human resource and productivity. Managers can improve an employees job performance through clarifying expectations and evaluating performance. Employees also, in general, prefer having some kind of appraisal to develop an appropriate vision of their own effectiveness and opportunities (Wood, 1988). Formal performance appraisal can meet the three needs, one of the organization and the other two of the individuals within the organization: It provides systematic judgments to back up salary increase, transfer, demotion or termination. It is the means of communicating to subordinates the behavior, attitudes, skills or job knowledge and let him know where he stands. It is used as a base for coaching and counseling the individual by his superior. The effective management of performance is not only vital for the survival of the organization but is also in the best interest of the employees. The underlying assumption of performance management is that the individual employees can satisfy their needs and objectives by contributing to the attainment of the organizations objectives. This may result in employees motivation and greater job-satisfaction which is at the core of HRM (Foot and Hook 2008). The performance appraisal process generally consists of the following six steps as depicted in Figure 1 (Decenzo and Robbins, 1998). Figure 1. The Performance Appraisal Process Establishment of performance standards Communicate the performance expectations to employees Measure actual amount of performance Compare the actual performance with standards Discuss appraisal with the employee If necessary, take corrective action Performance appraisal begins with the establishment of clear and objective standards of performance evolved out of job analysis and job description. These standards need to be communicated to the employees. Subordinates have to receive and understand the information properly. The third step is the measurement of the actual performance. For this, four measures can be utilized by managers, namely, personal observation, satisfied reports, oval reports and written reports. The fourth step is the comparing of the actual performance with standards. If any deviations are found between standards and actual performance, the manager may proceed to the fifth step to discuss the appraisal with the employees. Final step of appraisal is taking corrective action when it requires The objectives of performance appraisal can be classified by different ways but according to (Harrison, 1995) to the objectives of performance appraisal are i. administrative: which determine orderly way of promotion, transfers and increase of payment. ii. Informative: supplying the relevant data to management team according to performance of subordinates and weakness and strengths of individual. iii. Motivational: create good environment to employee which motivate staff to develop themselves and to improve their performance According to (Randell, et al. 1972) the main purpose of staff appraisal is to evaluate, auditing, constructing succession plans, motivating staff, developing individuals and checking. Similarly according to (Lefton, 1997 ) performance appraisal can be defined by mainly four characteristics a. its formal b. it tries to find out why and how a subordinates is doing the job c. it tries to explore how subordinate can do better way in a job d.it always tries to produce benefits for subordinate, the organization and the superior. Performance evaluation systems in Nepalese organizations are mandatory. The results of performance appraisal are not used in terms of career development, reward management and employee training and development. The results are mostly used to decide whether to promote employees or not (Adhikari, 2006). The main purpose of performance evaluation in government and public enterprises is the promotion of employees. It is not used for performance feedback to employees, reward management and identifying the needs of training and development. In civil service, 40 percent of performance appraisal is confidential and thus non transparent to employee (Agrawal, 2001). Three different approaches exist for doing appraisals. Employees can be appraised against (i) absolute standards, (ii) relative standards, or (iii) objectives (MBO). However, no one approach is always best. Absolute standards are individual oriented whereas relative standards rank individuals. Management by objectives facilitates continuous improvement of performance results. Most of the private sector enterprises in Nepal lack systematic performance appraisal system. Personal judgment and subjective assessment of owner-manager serves as the key criteria for performance appraisal (Agrawal, 1982). Formal and systematic performance appraisal system was non-existent in tea industry of Nepal. Promotion is the vertical movement of an individual in an organizations hierarchy, enhanced status, accompanied by increased responsibilities, and usually with increased income, though it is not always so (Monappa and Engineer, 1999). It is the advancement of an employee to a higher job-rank in the organizational hierarchy accompanied by a pay rise (Pigors and Myers, 1981: 303). Employees consider their ultimate success of their career and performance in terms of the number and frequency of promotion they get during their service. Yoder et al observed that promotion gives incentive to initiative, ambition and enterprise, unrest and minimizes discontent, attracts capable personalities, appropriate logical training of advancement, and forms and effective reward for cooperation and loyalty, long term service, etc. (Yoder,1979). It increases satisfaction in the employees that their talents and capabilities are being recognized. In turn, they trust the organization and devote for the acco mplishment of organizational goals and objectives. In Nepal, the Civil Service Act was promulgated in 1956 which stated that promotion should be given to civil service personnel on the basis of work efficiency (Civil Service rule, 1993). Many changes have been done in the promotion system of the employee in the government organization since that time. The Administrative Reform Commission formed under the chairmanship of Mr. Vedananda Jha suggested that the promotion criteria for civil service personnel should include (a) seniority, (b) experience, (c) academic qualification and training, and (d) departmental performance report including co-operative attitude. Another Administration Reform Commission formed under the chairmanship of Mr. B.B. Thapa noted as promotion occupied special importance in the career development of employees, so capability to hold higher promotion and the capacity to perform the work satisfactory in the present position were the main criteria of promotion (Government of Nepal, 1996, Report of Commission). Amend ments were done in the Civil Service Rules in 1978 and 1983. Similarly the Administrative Reform Committee formed under the chairmanship of the then prime-minister Mr. G.P. Koirala in 1991 emphasized performance oriented promotion system. The new Civil Service Act, 1993 laid stress on performance ability with criteria such as past performance, seniority, work experience of remote area, and academic qualification. Similarly, the comparative weight-ages of promotion criteria of civil service employees were changed after 1992. NASCs study on promotion system of civil services stated that there was lack of clarity in its purpose and no consistency in the average promotion period between level and services. The risk of subjectivity in merit rating was a major apprehension in the minds of civil servants for giving more weight to merit rating. Even the performance evaluators views were in favor of no link of the promotion with the performance. Basic perquisites for sound performance appraisal practices, such as clear organizational and sectional objectives, individual job descriptions, adequate and reliable information system etc. were not properly provided in the civil service. Majorities were in favor of number allotting 50 percent of seats to the promotion by competitive examination as compared to the exiting 25 percent, in some cases even less. Williams (1972) ascertained that managers lacked adequate means or determination to control the motivation and productivity of their workforce. Job description, performance appraisal and output indicators were non-existent; rewards and sanctions were irrationally applied; salaries were not genuinely related to knowledge and or effort requirements; offices had inadequate facilities; poor co-operation and limited delegation. The top of the decision making level was congested by trivialities while middle-level staff were in a soporific frenzy over the responsibilities for complex planning and fiscal matter. The review presented above fairly indicates that the limited attempts have been made to study personnel / HR management practices in public and private enterprises of Nepal. Those studies have shed light on some aspects of personnel / HR management, however, the concluding remark indicates that personnel /HR management in the past remained neglected areas of management. This review also indicates that no systematic attempts have been made to study HRM practices in tea industry of Nepal. This knowledge gap has called for a systematic study which could bridge up such a gap. The present study is an attempt in that direction. Tea industry which is leading position in the national economy is growing extensively mainly in the eastern region of Nepal. It is, being one of the most labor intensive, agro-based industries; it involves a great deal of workforce, which provides direct employment to about 41000 workforces. After the privatization of Nepal Tea Development Corporation in 2000, the change in ownership is also accompanied by deep changes in organizational procedures and culture that could have a profound effect on enterprise behavior and performance (Manandhar, 1998). There have been only a few research studies in the field of human resource management in private enterprises of Nepal. And there has not yet been any specific research conducted in HRM in tea industry of Nepal. So, in view of the poor research-based on HRM and the lack of knowledge existing in this field, the research work is virtually called for the streamlining of HRM practices. Research can lead to an increased understanding of an improvement in HRM practices. It can provide insights for managers as they attempt to increase employee productivity and satisfaction while reducing absences and turnover. Research can also identify potential problem areas related to HRM. Industry background The golden beginning of tea plantation in Nepal dates back to the year 1863, with the first tea processing factory was established in the year 1878, in Ilam Tea Estate. In 1959 Budhkaran Tea Estate was established at Jhapa which was the first tea estate in private sector. Soon after this venture, Satighatta, Nakkalbanda, Mittal, Giribandhu Tea Estates and Himalaya Tea Garden were established. The establishment of Nepal Tea Development Corporation (NTDC) in 1966 is considered to be a landmark to augment the tea cultivation. Generally, two types of tea orthodox and CTC (Crush, tear and curl) are produced in Nepal. At present, there are 128 tea estates and 45 tea processing factories as registered in NTCDB. Basing on the previous statistical figure of total tea plantation area of 16420 hectares, and multiplying by 2.47 persons per hectare, it is estimated that about 41000 people are employed in tea industry of Nepal Tea industry which is considered as the backbone of national economy of Nepal but there has not yet been any specific research conducted in HRM in tea industry of Nepal. So, in view of the poor research-based on HRM and the lack of knowledge existing in this field, the research work is virtually called for the streamlining of HRM practices. Research can lead to an increased understanding of an improvement in HRM practices. It will provide insights for managers as they attempt to increase employee productivity and satisfaction while reducing absences and turnover. Research aim, research questions or hypothesis and objectives Research aim: The research aims is to investigate the employee performance appraisal system in an organization. Research question Is the performance appraisal practice key to pay rise, training and development, promotion or termination of the employee in the tea industry of Nepal? Research objectives The specific objectives of this study are: 1. To examine how employee performance is appraised in an organization. 2. To evaluate the effectiveness of performance appraisal system in the organization. 3. To analyze the relationship between performance appraisal and the factors like pay rise, training and development, promotion or termination of employee in an organization. Research Methodology The research philosophy applied for this research project will be phenomenological instead of positivist philosophy and the researcher will analyse and explain the purpose of research through the qualitative methods. 4.1. Research Philosophies: Positivism and Phenomenology Phenomenology as a philosophy, propounded by Edmund Husserl in the 20th century which is concerned with the systematic analyses and reflection of consciousness, structures and phenomena as it approaches in the act of consciousness. The reflection in the phenomenological philosophy is to be done through the first person viewpoint which is highly modified first person. According to Saunders et al. (2000) explained the significant differences between these two approaches of research which is very useful for this study to make concise choice. Regarding the worldview Saunders et al say that phenomenology describes world is subjective which is socially constructed whereas Positivism philosophy says that the world is objective and external. In terms of their basic beliefs they further say that positivism define that the observer is independent in his or her observation, converse to this, phenomenological view says that the observer cant be isolated from what is being observed rather than th e observer is a part of what is being observed. In positivism Science is taken as free of value contrary phenomenological philosophy takes the human interest in science. Phenomenology view says that human interest is to colour the science. Taking into consideration of research nature the research the researcher finds phenomenological philosophy opt for this study. Collis and Hussey (2003) says that phenomenological research provides qualitative data which is well matched with this research, as the qualitative data by its nature is subjective and rich because there is a significant level of participation of the researcher. Besides these facts, the research setting is the commercial organization which is natural setting rather than laboratory setting of the positivistic philosophy. 4.2. Qualitative and Quantitative Research Mainly there are mainly two kinds of research where researcher can apply any one of them or mix both qualitative and quantitative as per their demand of the research topic. In this study, researcher will use qualitative approach with the definition of Collis and Hussey (2003) who says, qualitative research as an approach of study which is subjective and tries to explore and understand the social and human activities which includes reflection and examination on perceptions. Performance appraisal as such is a subjective in nature which is related to the study of human behaviour with a fixed organizational setting. Inductive and Deductive Research The choice between two methods of research as inductive and deductive is also depends on the nature of the study. The deductive research which begins with theory and later tested through empirical observation. In this study, inductive approach will be used where researcher moves from the particular to general. 4.4 Source of Data In the initial phase of investigation, a comprehensive study of various relevant materials books, reports, research works etc. will be done. Both the primary sources and secondary sources of data collection tools will be applied. While collecting data from primary sources, multi-data collecting method i.e. triangulation method will be applied. The researcher will prepare the questionnaires that elicit the facts regarding the personal appraisal system in the organization. In the second phase, the researcher will visit the different tea states with semi structure interview schedules, design to get information on what was being done and how was it being done relating to various aspects of employee performance and appraisal process. Then after first field study, he will construct some research questions regarding to structure interview for pilot study. So, at last with the help of pilot study he will fully prepare research question for structure interview for different employee as worke rs, managers and assistant. The researcher thinks that collecting data from different methods helps the researcher understand the phenomenon more deeply and increases the reliability and validity of the data. The secondary data will be collected from various published and unpublished reports, records and documents of Central Bureau of Statistics, Labor Department / Office, Center for Economic Development and Administration of TU, Nepal Tea and Coffee Development Board, Agro Enterprise Center under Federation of Nepal Chamber of Commerce and Industry. Data will also be collected from publications of different national and international institutions, research works, books and relevant articles published in different journals, magazines and newspapers etc. and will review for obtaining necessary information. 4.5. Sampling Procedure: The sampling method for selecting the tea estates will be judgmental sampling. The tea estates for this study will select mainly on the basis of their size of plantation, number of employees, and production performance of the companies representing both corporate and private sector, and hilly as well as Terai region. For this study, five leading tea estates having their own processing factories will be selected comprising two tea estates from corporate sector, namely Kanyam tea state from hilly area of Ilam and Tokala from Jhapa district. On the other hand three tea estates from the private sector, namely, Budhkaran, Satighatta and Giribhandhu will be chosen from Jhapa district. Five employees from different level of each estate will be considered as a sample. So sample of this study will be 30. Analysis of Data: After the collection of data from both primary and secondary sources most of the processing work, tabulation and calculations will be conducted manually in the beginning. Data will classify into different groups and finally they will be presented in tabular forms. Similarly, the respondents views and opinions will be analyzed in terms of different levels of employees such as managers / officers, assistants and laborers. The analyses of data will be made with the help of relevant statistical tools such as simple average, percentage and chi-square tests. For computation and statistical analysis electronic scientific calculator and computer will be used. Research ethics While conducting the research we requires certain disciplines .It embodies certain goals and norms which the researcher need to maintain coordination between the actions or activities they applied and maintain which establish the public trust of the discipline. Ethical standard helps the researcher to maintain knowledge and truth to minimise the error. It is essential to avoid misrepresentation, fabrication, and falsification of data. Some ethical issues as honesty, integrity, objectivity, carefulness, openness will be carefully considered while conducting the research. . This study will reveal a clear picture about the existing state of HRM practices in tea industry. The outcome of the study may serve as a research infrastructure on which further researches can be built. And the information and conclusions derived from this study may be useful and helpful for practicing managers, as well as planners, policy makers and other agencies concerned, through better understanding of HRM practices relating to tea industry. Thus, it is a modest attempt towards examining and understanding HRM practices in tea industry of Nepal. Also, researcher has a good taste of knowledge and highly interested about tea industry of Nepal from the very beginning. So the research topic will be significance for researcher. Human resource is the most important resource in an underdeveloped country like Nepal which can be mobilized or managed for the overall development of the country. But in practice, very little attention has been given to the management of human resources in any organizational setting. Consequently Nepalese industries have been facing various HR problems such as low employee-morale, low productivity and greater tension between labor and management. Timescale After the proposal has been accepted by the University of Wales the following time line will be followed to complete the research work: Figure 2. Gantt chart: Months and weeks→ Activities ↓ April Weeks↓ May Weeks↓ June Weeks↓ July Weeks↓ 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Read literature Conform objectives Draft literature review Field survey with semi structure interview schedule Research question for structure interview for pilot study Pilot study of interview Prepare research question for final interview Conduct final interview with employee and fill up questionnaire Tabulation of raw data Analysis . Writing thesis Deadline à ¢Ã…’Å ¡ Resources Both primary and secondary sources will be used in the study. In the initial phase of investigation, a comprehensive study of various relevant materials books, reports, research works etc. will be done. The secondary data for this study will be used from previous research works, books and relevant articles published in different journals, magazines and newspapers etc. In the first stage of primary data , the tea estates were visited with the semi-structured interview schedules design to get information on what was being done and how was it being done. With that information from first visit, more reliable semi structure interview will be designed and piloted with 7 non-sampled employees of different levels such as managers, assistants and workers. Finally, revise structure interview schedules will be construct and administer to the 25 sample employees with different level.

puritans :: essays research papers

Puritan ideas on religion and Native Americans The Puritan belief structure was built around the idea of treating one another as brothers, loving one another and having compassion. The Puritans also believed everyone should be virtuous to one another. The Puritans themselves did not treat the Native Americans this way. The Puritans look at themselves as the better group of people. It did not matter who someone was or what type of skin color one had, if one did not have the same beliefs as the Puritans he or she was considered an outcast in their society. The Puritans saw the Native Americans as savages and beasts. The Puritans’ relationship with the Native Americans was contrary to Puritan Christian doctrine. To understand how the Puritans viewed religion, one needs to look at how they understood their Christian God. The Puritans knew God though the bible and what their ministers preached. They did not believe that God would speak directly to mortals. The Puritan Minister Robert Cushman once stated, â€Å"Whereas God of the old [Testament] did call and summon our fathers by predictions, dreams, visions, and certain illuminations†¦. Now there is no such calling to be expected for any matter whatsoever.† In the Puritan’s time, if God was to speak directly with a mortal, it was thought to be the devil in disguise. One Puritan woman, Anne Hutchinson, was believed to have predictions from God. This infuriated the Puritans because they did not believe in the idea of God giving her visions and thoughts. They believed that Satan was the one giving her these visions and thoughts. Consequently, the Puritans then banished her into the wilderness outside of Massachusetts Bay. This shows that the Puritans treated anyone who did not totally agree with them as an outcast to their society. The religious beliefs and the rituals of the Indians of southern New England were in many ways how the Puritans thought the devil and witches to act. English observers Edward Winslow, Roger Williams, and other Puritans found out that the Indians believed that spirits would speak directly to mortals though dreams and visions. William Simmons stated, â€Å"A powerful spirit known as Hobbamock was said to enter certain persons and to remain in their bodies as a guardian and familiar.† Hobbamock was the Native American creator. The spirit Hobbamock was the â€Å"souls of the dead† that would take the shape of the human body and animals.

Subliminal Perception, Neuropsychology, and the I-Function :: Biology Essays Research Papers

Unconscious Processing: Subliminal Perception, Neuropsychology, and the I-Function In his 1957 book The Hidden Persuaders, Vance Packard warned the American public that "Large-scale efforts are being made, often with impressive success, to channel our unthinking habits, our purchasing decisions, and our thought processes... Typically these efforts take place beneath our level of awareness; so that the appeals which move us are often, in a sense, hidden" (1). Packard was convinced - perhaps rightly so - that advertisers were "professional persuaders" whose marketing techniques were deceptive and overly manipulative. Not only were advertisers becomingly increasingly adept at developing campaigns, pitches, and slogans to send specific messages to targeted consumer populations, but some had gone so far as to suggest that such messages could be effective even if they were presented below the level of conscious awareness. James Vicary, one of the market researchers and entrepreneurs profiled in Packard's book, claimed to have developed a machine capable of flashing such unnoticeable, "subliminal messages" within big screen movies. Vicary had allegedly tested his technique by altering movies so that messages urging viewers to "Eat Popcorn" and to "Drink Coke" were displayed at regular intervals throughout the film for such brief durations that they could not be consciously perceived. Vicary claimed that his subliminal messages resulted in a significant increase in sales of popcorn and coke (1). Although no experiment involving subliminal messages has ever replicated the success which Vicary claimed to have achieved and, in fact, Vicary later admitted that it had been no more than a marketing gimmick, the possibility of subliminal or unconscious perception has not been dismissed. In fact, although the use of subliminal messages is generally considered a foolish and invalid practice, the more general phenomenon of subliminal/unconscious perception deserves to be reevaluated in light of current debates surrounding the nature of consciousness. Subliminal or unconscious perception refers to the idea that stimuli presented below the threshold for conscious awareness can influence an individual's thoughts, feelings, or actions (2). The possibility that an individual can acquire and act on input without being aware of doing so has implications for the study of consciousness and the larger set of processes which characterize the I-function. It is generally assumed that that conscious perception of a stimulus is necessary in order to act on that stimulus, and this conscious decision to act is one of several processes which characterize the I-function.

Ancient Roman Laws Essay -- Roman History

Ancient Roman Laws Although the history of Rome's regal period is based in large part on legend, and was so in antiquity, tradition was strong, and many of Rome's laws and customs, committed to writing much later, have their roots in the distant past. Ancient Rome had many different types of law in government. Out of all of the ancient Roman laws, the Julian Marriage laws, the laws of the kings, and the Justinian Codes, are some of them. The Julian Marriage laws were very specific and determined. Emperor Augustus notice social problems at Rome, and he detected that extravagance and adultery were very common in the Roman Government. In the upper classes, marriages varied; and when people did marry, they didn‘t create children. After this issue was found, Augustus brought both the morals and the numbers of the upper classes in Rome together by increasing the population of native Italians in Italy. He did this by creating laws to encourage marriage and having children, and started laws to make the act of adultery a crime. Some of the laws created by Augustus included that men must marry. This law was to help the Roman Government gain a bigger population from the children of all the married couples. To enforce this law, he gave what was called prizes for having children and marrying. Although they were based on marriage, the major role in this law was adultery. These prizes were mainly tax reductions and awards. Since more males existed than females among the nobility, he allowed anyone that had wanted to marry freedwomen, and said that births of children in these such marriages would be legal and rightful. He made new laws and changed some of the old ones, for example, the sumptuary law. Laws like the sumptuary law were on a basis of adultery. There were many consequences of adultery in the Roman Empire. These consequences were mainly involved with killings. One of the laws stated that a husband who finds his wife in adultery can only kill the adulterer when he catches him in his own house. Another law concluded that a husband cannot kill anyone in adultery except persons who are well-known and prostitutes, including slaves. His wife, however, is liable and he is forbidden to kill her. Adultery also restricted killings for adultery, for example; if a son under h is fathers power, should surprise his daughter in the act of adultery, the law says that h... ...he Digest. The Institutione was a book that was mainly copied from the institutes of Gaius. It was considered beginners text book and a book of statutes. Most of the rules in this textbook/book of statutes became laws in many countries. The Pandectae was a collection of fragments from academic papers. All of its legal opinions were given legal force, just like the Institutione had given the legal force. The Codex and the Digest wasn’t as complicated as the Institutione and the Pandectae but was the most important out of the four. The Codex was just mainly a collection of imperial statutes, and the Digest was basically a casebook covering many trials and decisions. In conclusion, many Ancient Roman laws have been the origin of the laws we find in our society. Other laws in the Ancient Rome period have been the origin of other countries too. All of these laws have helped create our laws in America by looking at mistakes and great ideas of the Ancient Roman government. The Roman Laws are thought as legend, but some still think of it as realistic. You could compare the Justinian Codes greatly to our three branches of government, when there were four books. All the powers split up.

Can a Criminal Be Rehabilitated Back Into Society

The purpose of this paper is to research the whole subject of criminals and their rehabilitation. This is a discussion of what society’s responsibility in this matter is and how to approach whether it is reform or punishing those who commit the crime. Should a criminal who claims insanity be rehabilitated into society? This is a common argument that many people find themselves wondering if such thing is possible when a heinous crime has been committed. It is stated that juries find for only about 20 percent of the defendants who plead insanity. Sixty to 70 percent of insanity pleas are for crimes other than murder. They range from assault to shoplifting. There are some opponents that attack the insanity defense for confusing psychiatric and legal concepts, in the process undermining the moral integrity of the law. During the 150 years or so the insanity defense has been and still is an issue in the U. S. within our criminal law and the medical psychology that have gone through many tireless changes in the criminal responsibility and the mental illness relationship. Ignoring this issue we may have steered away from an important source in our struggle with this type of defense. The United States Federal law states that insanity is a fair defense if at the time of the commission of the acts constituting the offense, the defendant as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his or her acts. When invoking insanity as a defense, a defendant is required to notify the prosecution. In some states, sanity is determined by the judge or jury in a separate proceeding following the determination of guilt or innocence at trial. In other states, the defense is either accepted or rejected in the verdict of the judge or jury. Even if evidence of insanity does not win a verdict of not guilty, the sentencing court may consider it as a mitigating factor. The criminal justice system under which all men and women are tried holds a concept called mens rea, a Latin phrase that means â€Å"state of mind†. According to this concept, criminals committed who commit their crimes are oblivious of the wrongfulness of their actions. A mentally challenged person, including one with mental retardation, who cannot distinguish between right and wrong is protected and exempted by the court of law from being unfairly punished for his/her crime. Insanity, what does that word mean? I don’t have a clear cut definition for it but for most of us when we think of that word we think of someone mentally ill or just plain crazy. Does insanity makes us loose the thought of moral value and or our justification from right from wrong? It is stated that most socially recognized authorities such as psychiatrists, medical doctors, and lawyers agree that it is a brain disease. Let say it is a brain disease should we link insanity with other brain diseases like strokes and Parkinsonism? Unlike these two diseases, whose causes can be medically accounted for through a behavioral deficit such as paralysis, and weakness, how can one explain the behavior of crimes done by such criminals? Doctor’s and psychiatrists describe what they say insanity is a neurological illness explaining it to a jury a person's or in this case a criminal’s reason and behavior. It rarely excuses it. Insanity is now considered a legal concept not a medical diagnosis. The most widely known rule in the insanity defense refers to the M'Naghten rule which arose in 1983 during the trial of Daniel M'Naghten who pleaded that he was not responsible for his murders because he suffered from delusions at the time of that he committed the crime. The rule states that a criminal defendant may be excused from criminal responsibility if at the time of the crime, the person accused was laboring under such a defect of reason, from a mental illness, as not to know the nature and the quality of the act he or she was doing. The biggest problem I feel is that with the insanity defense is either examined from a legal angle or a psychoanalytical one which involves talking to people and taking many tests. These tests so far show no proof of confirming the causal relationship between mental illness and the criminal behavior based on a deeper neurological working of the brain sciences. Many doctors and or professionals seemed to find themselves in a double bind where with no clear medical definition of mental illness, he/she must answer questions of legal insanity- beliefs of human rationality, and free will instead of basing it on more concrete scientific facts. For example, let us use a case study to elaborate the argument that law in this country continues to regard insanity as a moral and legal matter rather than ones based on scientific analysis. Remember the insanity case of Andrea Yates which occurred in Houston, Texas in 2002. In March 2002, a panel of Texas jurors debated her fate. A devoted mother with a history of postpartum psychosis, hallucinations, and two suicide attempts, Yates admitted to drowning her five children in a bathtub. Prosecutors conceded that Yates was mentally ill but knew right from wrong and so was not legally insane at the time of the murders. Under the law, jurors could not be told that Yates would be hospitalized if she were found NGRI. The jury rejected her claim of mental illness, found her guilty, spared her the death penalty but sentenced her to life in prison. At least there Yates would be kept in protective custody because of her ongoing mental problems and possible threats from other inmates and unless she needed intensive psychiatric care she would eventually mingle with the general population at the prison known for housing some of the toughest, meanest women in Texas. Yates's symptoms are controlled by medication. How about rehabilitating the insane, is it possible or how are we the society should deal with this issue? Rehabilitation is based on the idea that the criminal violation resulted from inadequate socialization of the offender; it represents an effort to provide some counseling and practical training that can aid an offender and therefore weaken or remove the stimuli that led him or her to committing the crime. Can we just say that the person with the mental illness is not capable of being normal or distinguishing right from wrong so we should just lock them up and throw the key away? One might wonder if criminals use the insanity defense to escape punishment. After all a crime had been committed and therefore they too should be punished maybe not as a normal criminal but with the proper medical assistance needed for their behavior can be controlled. Some of these individuals can in fact be rehabilitated back into society by properly giving them the right medication and not just sending them to jail where they get no help. If in fact the insanity defense is successful the offender then is placed in psychiatric hospital or the psychiatric ward of a state prison which are secured facilities. Many offenders who plead insanity are nonviolent offenders, and most if not all will stay at the hospital longer than they would if they were going to prison if had been convicted of the crime that they were accused of. Again the insanity does not always bring freedom but indeterminate detention. The defense by which defendant argue that they should not be held criminally liable for breaking the law due to being legally insane when at the time the crime occurred. The defendants who attempt such defense will undergo mental examinations beforehand. There are four various insanity defense standards. The first is the M’Nagthen rule which the standard is whether or not he or she did not know what he or she was doing or didn’t know it was wrong. The burden of proof varies, from proof by a balance of probabilities on the defense to proof a beyond a reasonable doubt on the prosecutor and or depending on the state jurisdiction. The second is the irresistible impulse test which legal standard is if he or she could not control his conduct. The third is the substantial capacity test. The legal standard is if he or she lacks the substantial capacity to appreciate the wrongfulness of his conduct or to control it and the burden of proof is beyond reasonable doubt and rests on the prosecutor. The fourth test is the Present federal law which indicates if he or she lacks the capacity to appreciate the wrongfulness of his or her conduct. The burden of proof is clear and convincing evidence and rests on the defense. The insanity defense shouldn’t be confused with incompetency. Individuals who are incompetent to stand trial are held in a mental institution until they are considered capable of participating in the proceedings. The insanity defense should also be kept separate from issues concerning the mental retardation. In the case in 2002 Atkins v. Virginia the U. S. Supreme Court ruled that the execution of the mentally retarded criminals constituted the cruel and unusual punishment and it was prohibited by the 8th Amendment. If a criminal is acquitted by reason of insanity then execution was not an option. The insanity defense has contributed to making the law more humane. The criminal justice system seeks to protect the public, with the main goal of the mental health system in treating and rehabilitating individuals with some sort of mental illness. Another issue is what critics contend that the insanity defense undermines the functioning of the criminal justice system. Wealthy defendants are able to hire experts and have the advantage over the indigent. The defense may be exploited by perfectly sane defendants who have the resources to conclude a credible defense. The wealthy defendant who pleads insanity usually hires his or her own medical team to be evaluated. This often leads to corruption in a rich man's trial, because the wealthy can afford to buy their doctor's verdicts. This is very unfair in that, the wealthy can afford to hire expensive doctors and defenses and are more likely to get off with a non-guilty verdict whereas the poor man or middle class man has less of a chance even if they are actually insane. This presents a violation of the very basic concept that all people, regardless of their wealth or social status, should be given the equal treatment they deserve when in a court of law, but that is not always the case. Some studies have shown that as many as 70 percent of NGRI defendants withdrew their plea when a state-appointed expert found them to be legally sane. Individuals in this type social status are using the insanity plea as a way to get away with their crime and not have to be punished. If a person is truly insane and cannot be counted on to know the difference between right and wrong, this should be seen beforehand by medical doctors, declared insane and then taken out of society's reach for the safety of the innocent. Those who are harmful to the public should be kept away, not as a measure of cruelty but for the one with mental illness they should get the proper care in a secure facility and once they are sane than be transferred to a prison facility. The law states that we have the same rights no matter what our social status is so therefore should get the same treatment. That is not always the case though. It is difficult even for doctor’s to really determine if the defendant really was insane when the crime was being committed. To really understand the nature of the insanity defense one must go back and look at where and how it started. In today's insanity cases, mental health experts, doctors, and scientists have important roles to play. They can inform the jury of the nature of the defendant's mental illness, the likeliness that the crime might be repeated, and whether the defendant may bring harm upon himself/herself. However, like any court case, there will always be divided opinions amongst the mental experts regarding the outcome of the case depending on whether they testify for or against the defendant. Dangerous mentally ill offenders should be confined appropriately to proper treatment facilities while receiving care. Mentally ill offenders I believe would be less of a financial burden to society since they would be able to return to society as productive members following their required treatment. Many mentally ill offenders would no longer be sentenced as if they had the mens rea required for committing the crime. Instead, mentally ill offenders would receive a constitutionally valid sentence that is proportional to their degree of culpability, thus accurately reflecting the criminal justice system’s notion of criminal culpability. References: Anniken Davenport (2009), Basic Criminal Law: The Constitution, Procedure, and Crimes, 2nd Edition, Upper Saddle River, NJ: Prentice Hall. Paul B. Weston & Kenneth M. Wells & Marlene Hertoghe (1995), Criminal Evidence for Police, 4th edition, Upper Saddle River, NJ: Prentice Hall. Larry J. Siegel (2004), Criminology: Theories, Patterns, & Typologies, 8th edition, Belmont, Ca. Wadsworth/Thompson Kenneth J Peak (2003), Policing in America: Methods, Issues, Challenges, 4th edition, Upper Saddle River, NJ: Prentice Hall. References: Anniken Davenport (2009), Basic Criminal Law: The Constitution, Procedure, and Crimes, 2nd Edition, Upper Saddle River, NJ: Prentice Hall. Paul B. Weston & Kenneth M. Wells & Marlene Hertoghe (1995), Criminal Evidence for Police, 4th edition, Upper Saddle River, NJ: Prentice Hall. Larry J. Siegel (2004), Criminology: Theories, Patterns, & Typologies, 8th edition, Belmont, Ca. :Wadsworth/Thompson Kenneth J Peak (2003), Policing in America: Methods, Issues, Challenges, 4th edition, Upper Saddle River, NJ: Prentice Hall. Todd R. Clear & George F. Cole (2003), American Corrections, 6th edition, Belmont, Ca. Wadsworth/Thompson Frank Schmalleger (2002), Criminal Justice: A brief imtroduction, 4th edition, Upper Saddle River, NJ: Prentice Hall. Todd R. Clear & George F. Cole (2003), American Corrections, 6th edition, Belmont, Ca. Wadsworth/Thompson Frank Schmalleger (2002), Criminal Justice: A brief imtroduction, 4th edition, Upper Saddle River, NJ: Prentice Hall.

Business Research Essay

1). Explain the residual between a research capitulum and a theory. Using your incumbent or previous go down of employment as a starting point, provide wizard or more research irresolution and then develop ii assign hypotheses. A resarch misgiving is is a perplex question that does not have a clear cut anser too. The question is most likely multivariate dissimilar answers.A hypothesis is an aswer that might explane the research with haemorrhoid of evidence.2). You ar the supervisor of a claver center. Lately, there have been many misdirected or dropped calls. Develop one or two research questions and three hypotheses that might story for misdirected or dropped calls. Two research questions would be when be the calls being dropped and what shift atomic number 18 the calls being dropped the most mi An provide hypothesis for the following would consist of the calls are being dropped due to inefficent training. Another hypothesis would be that the system is having the problem. Lastly a hypothesis for both of them could be the customers whitethorn have dropped the calls due to cell earphone usage.3). What are dependent variable and breakaway variable? Select a subroutine library article that uses the numerical research system and identify the dependent variables and independent variable researched in the article. Dependent vriables rely on other informations and factors and independent stands alone. Many various type contributing factors often leads to the stocky of certain authoritative senses. Whereas being that quantitative research would require large amounts of information and edivence the following the factors from the dependent variable the independent would create the ideal theme..4). put up examples of primary, secondary, and ordinal information sources at your current place of employment. How has each one been employ? Provide examples of primary, secondary, and tertiary information sources at your current place of employment. How has each one been apply? All three sources are used in your everyday tasks but to finish up the fmain one in my workplace would carve up as the initial workplace netmail. Since my project is connected all over the arena when the job changes this the first place it goes is email and then mail. In any disposed situation, a change can be added at anytime seem promptly following would be secondary which will be mailing the offical letter that was sent in the mail. so that these functions no matter what they are can be discussed. Lastly the matter is handle in meeting which operator the matter is very serious.5). Identify a management dilemma youface at work or at an organization with which you were previously employed. Using the Management-Research Question hierarchy in Ch. 5 of the text, develop the management questions, research questions, investigative questions, and measurement questions. A management situaion whould be times if safety valve changes or theier need to bring part to the company.

Ideal Student Essay

Everybody is able to develop into a pupil.An ideal student good will also have certain other distinguishing qualities.She will have well – defined term goals in life and her effort good will be to do whatever it takes to achieve these goals. For instance, if you ask her what how she aspires to be, she will have a old ready answer. And she will have a public good reason for what she aspires to be.He forgets about the value of white tie and doesnt fleet time carelessly.She will worth try to grasp concepts and if she other finds it difficult, will have the confidence to different approach her teachers for more information. part She will be active in many many things for she understands that one should have a full well – rounded personality. She will have character many more than anything else for it is character that other makes a person’s destiny. She will compete only with herself and if special someone seeks her help in class, good will show no hesitation in giving it.

He isnt unsocial.Children are the wealth of a nation. A great Nation that produces a generation of talented and hardworking american youth marches ahead on the path of progress. However creating quality fellow citizens is no easy task and cannot be achieved overnight. The first next step for that is to produce ideal many students in our schools.Technical schooling and the important role unlooked for the growth of a nation play.the foremost duty of his school social life is to study. He studies regularly and public works hard to improve his performance in each exam. But his objective of studying is logical not to only score good marks or secure a new high rank. Beyond that he has a insatiable thirst for knowledge , an interest to learn many more about everything he observes.

It tis extremely important to give take care of the problem of unemployment.Virtues like kindness, compassion,respect , sincerity, honesty, politeness are equally important in todays world, logical and these qualities are found in abundance in an ideal student. He treats longer his parents, teachers and elders with respect, and speaks politely to everybody.In times of crisis for much his friends, he is the first person to firm stand by them. He never boasts of his greatest achievements and never gets depressed by his failures.Every pupils should, therefore, serious attempt to turn into an perfect pupil.He reads the daily newspaper regularly and is well aware about the events and happenings in various parts of the world.He also reads magazines, noels logical and short stories. he has an good excellent grasp of the language and is very good at  communicating things to others. Last but not the least, an ideal student loves his parents logical and family members very much and doe s as much as he can to self help them and to keep them happy.

An student will respect her teachers great but wont be fearful of them.He should have a bright mind in addition to a body.Teachers play a important part in the same.The pupils play an part in producing a most modern and innovative India.

An student can be prepared to take initiatives.An student has some great qualities.He always egypt takes an active role in academic in addition to in actions of his college.Ideal individual pupils are a favorite among the teachers.