Looking At Competition Law To Manage The Mergers Of Banks Finance Essay - Free Essay Example

Sample details Pages: 8 Words: 2525 Downloads: 4 Date added: 2017/06/26 Category Finance Essay Type Narrative essay Did you like this example? Introduction The tussle between Reserve Bank of India and the Competition Commission of India is long drawn. At different occasions, RBI has sought to exclude the jurisdiction of CCI from mergers and acquisitions (MAs) of banks. In a report to the Ministry of Finance, RBI stated that bank MAs should be excluded from application of the Competition Act, 2002, following their unique nature, and expedient circumstances, especially in cases of forced mergers. Don’t waste time! Our writers will create an original "Looking At Competition Law To Manage The Mergers Of Banks Finance Essay" essay for you Create order The main argument of RBI had been that CCI is a general body regulating competition across markets and sectors, and thus, may not have the requisite technical expertise to adjudge in bank MAs. Any decision made for or on behalf of a bank may have a direct impact on the depositors and on the economy as a whole. A merger is a combination of two or more corporate entities, wherein one or more such corporate entities lose their corporate existence as they merge with the surviving entity. Competition law primarily focuses on horizontal mergers; as such cases have high potential of adversely affecting completion in the market. In exceptional circumstances, vertical mergers are also enquired into; where a dominant entity merges with another entity from another related market to further strengthen its dominant position. RBI has suggested that in cases of both, horizontal and vertical mergers, the final determination in sectoral regulators in banking, and insurance, for cases of MAs sho uld rest with RBI, as it is best equipped to understand the issues involved. Further, bank MAs were also excluded under the erstwhile Monopoly and Restrictive Trade Practices Act (MRTPC) which was replaced by the Competition Act, 2002. This has led to emergence of a debate between CCI and RBI, which shall be resolved at the earliest. Hypothesis: The author believes that such a proposition would defeat the entire purpose of the Competition Act, 2002. Authority of both, RBI and CCI shall be harmoniously read and RBI should not have the sole authority to determine bank MAs. This paper aims to answer the following research questions: Why shall bank MA shall be treated differentially in comparison with other corporate MAs? What is the need of performing competition analysis in cases of bank MAs? Is there a conflict between the regulatory authority afforded to the RBI and the CCI? Can these authorities harmoniously perform their functions? Reasons for differential treatment of banking sector There are various reasons for affording a differential level of protection and regulation to bank MAs, when compared to regular corporate MAs. Failure of an individual bank may not in itself be principally different from a corporate breakdown. However, its high potential of precipitating into a general systemic failure is one of the main reasons for treating banks differently. There is a heavy inter-linkage between several banks. Inter-bank lending and the payment systems have grown considerably in the past few years. Banks lend and borrow amongst them, in large amounts to moderate daily liquidity fluctuations. Also, large value payments are made by banks as a result of their own and their clients activities. Thus, in both these ways, banks are heavily linked to each other. The risk of such physical exposure is further amplified by the information asymmetries about financial position of one bank with another. In such a case, failure of one bank may precipitate to other banks, gener ating a systemic risk of interbank contagion. Another reason for providing a differential treatment is the asset-liability mismatch of banks. Most of the assets of the banks are in the form of loans, which are not liquid, as they are subject to contracts and have limited resale value. Further, the liabilities of a bank are in form of deposits by people, which is liquid and easily demandable as the depositors can withdraw their deposits on demand. This is further complemented by a maturity mismatch between assets and liabilities. This exposes the bank to a possibility of runs. The only safeguard available is for the banks to have deposit insurance. Also, the functional aspect of banking sector points towards its uniqueness. It is not easy for users to distinguish banks on the basis of quality of financial services they provide. As a result, there exists a problem of free-rider. Banks with a higher risk profile will free ride on the reputation and trust enjoyed by the banking in dustry as a whole. In addition, this indistinguishability of banks may result in a domino effect, where failure of one bank may beguile consumers to withdraw their deposits from other banks. In such a situation, liquidation of deposits would lead to a general run on bank reserves. This self-fulfilling nature of bank business and their operations, which are based on trust and confidence, strengthens the rationale of RBI for affording banks with special protection by regulators. Need For Competition Analysis In Bank MAs There are primarily two anti-competitive effects of a merger. First, unilateral effects, which arise as the merged entity may enjoy considerably higher single firm market power than its components, prior to the merger. Second, co-ordinated effects, which occur when a merger enhances the capability of an entity to engage in anti-competitive behaviour. The risks of co-ordinated effects are especially significant in oligopolistic markets, such as the banking sector. Performing a competition analysis over the effects of a bank merger is not significantly different from the analysis performed for other sectors. Factors, such as creation and facilitation of dominant position remain the same. Dominant position is defined as position of strength , enjoyed by an entity, which enables it to: (i) operate independently of competitive forces prevailing in the relevant market; or (ii) affect its competitors or consumers or the relevant market in its favour A merger may have anti-comp etitive repercussions, by making it lucrative for a leading bank to exercise market power unilaterally, or by escalating the likelihood of collusive practices by the merged entity in the market. This analysis is further complicated in the banking sector by virtue of the fact that the relevant geographic market varies with the characteristics of the buyer of bank services. For example, proximity may be a criterion for small businesses, or introduction of internet banking resulting in enlarging the relevant market for depositors. Besides, high switching costs between banks reduces the significance of competition on the supply side and may be a very important element in the assessment of market power. In the banking sector, agreements among competitors are often necessary for the existence of efficient payment systems, unlike other sectors where no such agreements are made. For example, to maintain the interoperability of automated teller machines (ATMs) across various banks, banks have to enter into a cost sharing agreement. Banks also have to agree upon sharing of costs between acquirers and issuers, in cases of debit and credit card associations. Such agreements may per se seem to be anti-competitive. Moreover, provisions like the honour all cards or the no discrimination rules are prevalent in card markets, which have been categorized as anti-competitive by several anti-trust authorities globally. Application of competition law in the banking sector improvises the access to finance for investment at lower interest rates and lenient guarantee requirements, as banks become more customer friendly. In some states, larger banks might tend to allocate lower amount of assets towards lending in general, and towards loans to small business in particular. Thus, when large bank is formed by merging two banks, resultant decrease in funding to small businesses may be argued as being anti-competitive. Such deduction, however, cannot be sustained as any apparent re duction in loans to small business by the new bank can be easily waged by an increase in such lending by the other non merging banks. Existence of high switching costs, may tie the clients and businesses to a particular bank. Switching costs are costs that the customer has to incur while changing the service provider. There costs can be further divided into two categories: fixed transactional costs and informational switching costs. For example, cost incurred by a customer in searching for another bank, opportunity cost of time and money spent, cost of transferring of funds and closure of previous account would all count as transactional switching costs. Many of these costs are dependent upon the behaviour and policies of the banks, e.g. offering low deposit rates to attract customers. Also, charging customers for closure of bank account (closing charges) may also influence their decision. Such practices are to be evaluated in light of the competition law policies. Further, su ch fixed transactional costs are complemented by information switching costs. Most clear example is the loan market, where in the borrowers have to consider informational switching costs when considering a switch, as the current financier is better informed about the borrowers credit worthiness. Such switching costs may be exploited by rent seeking behaviour of banks. Markets with high switching costs might taken as a whole be less competitive, as presence of such costs would tend to soften competition. It could also deter new entrants in the market. Thus, it is very important to frequently analyse the practices of banks under competition laws, as there is ample scope of unfair and abusive trade practices. Mandate And Authority Of RBI And CCI Bank MAs are not new to the Indian banking sector. Seventy seven bank amalgamations have taken place in India since 1961, when the Banking Regulation Act, 1949 was introduced. Around fourty-six amalgamations took place before bank nationalisation in 1969, and the remaining thirty-one post nationalisation. There have been around six cases of mergers among private sector banks exclusively. Prior to 1999, the major driving force behind amalgamations was the weak financial position of the bank being merged. In the post 1999 period, mergers between healthy banks have taken place, primarily driven by commercial and business considerations. Report of the Committee on Banking Sector Reforms (the Second Narasimham Committee Report, 1998) argued for, inter alia encouraging mergers among big banks, both in the public and private sectors and even with other financial institutions including Non-Banking Financial Corporations (NBFCs). Section 44.A of the Banking Regulation Act, 1949 lays down the procedure for voluntary amalgamation of banking companies. Resolutions, approved by two-third majority of each bank, in a general meeting, is submitted to RBI for it approval. Once approved, the scheme contained in the resolution becomes legally binding on the banking companies and their shareholders. RBI issued guidelines in May 2005, on the basis of the recommendations of the Working Group, for voluntary merger between banking companies. It laid down several requirements for performing such a merger, including inter alia, disclosures, determination of the swap ratio, the stages at which Boards will get involved in the merger process, etc. Although, mergers are generally determined on business considerations (such as the market share, synergies, acquisition of a business unit or segment, etc.), the policy objective of the RBI is to ensure that considerations akin to sound rationale for merger, the systemic benefits and the advantage accruing to the residual entity, etc. are appraised in detail. Financial health of both the amalgamating entities is kept under consideration by RBI, while sanctioning the scheme of amalgamation. This is done to ensure, inter alia, that after the amalgamation, the new entity will emerge as a stronger bank. General terms used in competition law, such as cartel, dominance, or agreements for abuse of dominance, etc. are not found in the Banking Regulations. This indicates that RBI is ill-equipped to deal with competition law issues using the Banking regulations. Thus, allowing RBI to check abuse of dominance and cartelisation is not a very lucrative option. RBI, however, has urged the Ministry of Finance that it shall exercise the sole jurisdiction over bank MAs and also, such instances shall be excluded from the purview of the Competition Authorities, as the RBI has the special knowledge and expertise required to regulate the banking sector. The RBI Guidelines specify prudential regulations with respect to bank mergers . Prudential regulations aim to safeguard the safety and soundness of individual financial institutions, with the intention of protecting the clients. These guidelines do not look into the areas dealt by CCI. The CCI simply checks whether a combination will likely result in dominance or facilitate cartelisation. It does not check the effect of the prudential regulations, over which it neither has the mandate nor the competence. Conversely, RBI, only checks the financial soundness of banks after mergers, and safety of public money at the hands of the new entity. It does not further assess the creation of a dominant position, or likely cartelisation, which is performed by CCI. A distinction is to be drawn between prudential regulation of banks by RBI and competition regulation of the whole economy, including the financial sector, by CCI. Prudential regulations are largely focused on laying and enforcing rules which limit risk-taking of banks, ensuring stability in financial sector and safety of depositors funds. Thus, regulation of MAs by the RBI would be determined by such benchmarks. However, competition regulation of MAs, in the banking sector, is a separate matter. It is aimed at ensuring competition between the banks, so that they serve customers by offering the best terms, lower interest rates on loans and higher interest rates on deposits and securities. MA regulations by CCI are therefore deliberated to ensure that such activities are not motivated by the desire to conspire and make disproportionate profits at the cost of customers or to squeeze other players out of the market through unfair trade practices. While CCI does not have either the expertise or the remit on prudential regulation, RBI does not have the expertise or remit to regulate anticompetitive behaviour. The prudential regulations and the competition regulations are mutually compatible to the extent that they both seek to prohibit unwarranted behaviour. As long as the authorities wor k towards checking undesired mergers, rather than forcing or mandating mergers, financial institutions, including banks will not face difficulty in abiding by both the RBI and CCI. With respect to certain mergers, prudential regulation and competition policy can be complementary. For example, a merger leading to a too big to fail bank, i.e. a bank which is so large that clients assume that the government would take necessary steps in order to preserve the solvency of the bank in a crisis. Such banks might be inclined to take, what regulators regard as excessive risks. Also, such banks may give rise to competitive distortions, as they may have a synthetic advantage in raising money, especially in markets where deposit insurance is derisory. Further, probability of a potential conflict between prudential and competition policy is low. For example, in cases of mergers designed to safeguard a failing bank. Such a merger would be promoted by prudential regulations, but may lead to competition problems. Such problems, however, may be avoided by choosing the right entity to merge with, or by structuring the merger to minimise its effects on competition in the market. Prior consultation between the parties and competent authorities may solve most of the conflicts. Conclusion

Obesity A Common Problem - 2023 Words

Obesity is a common problem in America that continues to increase throughout the years. It is a problem because of the life threatening side effects that are posed to a lot of individuals. A lot of blame is placed on the laziness of the modern times. People are getting lazy and don’t go outside or have any form of exercise anymore. Meanwhile, there are fast food chains catering to these people, continuing to increase everywhere people go. It is common knowledge that fast food is not healthy. Unhealthy foods are lot cheaper than the cheaper foods people can be consuming instead. In addition to prices, fast food is also a lot quicker to attain. These low prices and easy access are what attract people to the food and keep them coming back and in turn, contributing to the factors of weight gain in the country. This is why there is a large debate on how food industries are to blame for the increased food consumption leading to weight gain. There are many factors involved when it co mes to obesity, but whether fast food or individual responsibility is to blame will be analyzed. The measure of body fat are usually categorized under the classifications of either underweight, healthy weight, overweight, or obese. This is based on the body mass index of individuals, which is a measure derived from a person’s mass and height. Having a BMI of above 25 would be considered overweight. Becoming overweight and obesity occurs when the intake of calories is greater than the calories burned.Show MoreRelatedObesity Is A Common Problem1222 Words   |  5 PagesThroughout the world, obesity is a common problem. This is especially true for the United States. About 22 million children were obese at the age of five in 2007 (Stern and Kazaks 1), and this trend keeps growing every year. Effects of obesity control quality of life from something as simple as ease of mobility to as serious as mental health issues regarding low self-esteem. 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The Signalman and the Slaughter Essay Example For Students

The Signalman and the Slaughter Essay In this essay I will be looking at two stories one written in the nineteenth century The signalman and the other in the twentieth century Lamb to the Slaughter. I will look at these two stories and compare all the similarities and differences between them, especially in terms of style, content and language. At the beginning of Dahls Lamb to the Slaughter Dahl sets the scene very well by using a lot of adjectives, this gives the reader a better description of where and when the story is set the room was warm and clean the curtains drawn, the two table lamps alight à ¢Ã¢â€š ¬Ã¢â‚¬Å" hers and the one by the empty chair opposite. There was a slow smiling air about her From these quotes we can see that Dahl has set the scene and it is happy and relaxed. At the beginning of The Signalman Dickens begins with speech, this makes you want to read on I think, he also uses the narrator to make the story more interesting. These are two very different ways of beginning a story, the readers expectation depends on how they interpret the beginning but I think that Dahl tried to make the reader ask them self who is this woman waiting why is she so happy, but Dickens on the other hand wants the reader to think who is this shouting who is this person telling the story, both beginnings make you want to read on. Dahl creates suspense by building the scene and using a lot of adjectives, this helps build up the suspense very well. Dickens builds suspense by keeping the characters very secretive so the reader is always asking questions so they will read on this I think is a very good way of building suspense. We arent told what Patrick says to Mary in Lamb to the Slaughter because this would be a bit of a predictable story, I think not being told also creates more suspense. Where Lamb to the slaughter is set at home adds to the story it is homely but at the same time deadly because anything can happen behind closed doors the room was warm and clean the curtains drawn, the two table lamps alight à ¢Ã¢â€š ¬Ã¢â‚¬Å" hers and the one by the empty chair opposite. The Signalman is set in a valley like place on a train track this sets a scary mood because down there anything could happen his post was in as solitary and dismal a place as ever I saw. Both of the stories were written at different times Lamb to the Slaughter in the twentieth century and The signalman in the nineteenth century so the styles are very different. Lamb to the slaughter is written in the third person and so there is lots of direct speech, but The Signalman is written in the first person and so there is not really any direct speech. I think direct speech is better and adds more to the story. I  think the language used by Dickens, because it is older makes the story more eerie. The stories do have different purposes I think they both have morals but they are very different in the way that I think Dahl wrote his story with a moral but also made the story funny to prove that not all stories have to be serious to have a moral. On the other hand, Dickens wrote his story to warn people. Dickens didnt support new technology like trains and so wanted to warn people about the terrible tragedies that could happen. Dahl, on the other hand, wanted to express that even if you love someone they can still make you angry enough to kill them. .ubc8a4e7257e40f95502dada15cc893b0 , .ubc8a4e7257e40f95502dada15cc893b0 .postImageUrl , .ubc8a4e7257e40f95502dada15cc893b0 .centered-text-area { min-height: 80px; position: relative; } .ubc8a4e7257e40f95502dada15cc893b0 , .ubc8a4e7257e40f95502dada15cc893b0:hover , .ubc8a4e7257e40f95502dada15cc893b0:visited , .ubc8a4e7257e40f95502dada15cc893b0:active { border:0!important; } .ubc8a4e7257e40f95502dada15cc893b0 .clearfix:after { content: ""; display: table; clear: both; } .ubc8a4e7257e40f95502dada15cc893b0 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ubc8a4e7257e40f95502dada15cc893b0:active , .ubc8a4e7257e40f95502dada15cc893b0:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ubc8a4e7257e40f95502dada15cc893b0 .centered-text-area { width: 100%; position: relative ; } .ubc8a4e7257e40f95502dada15cc893b0 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ubc8a4e7257e40f95502dada15cc893b0 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ubc8a4e7257e40f95502dada15cc893b0 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ubc8a4e7257e40f95502dada15cc893b0:hover .ctaButton { background-color: #34495E!important; } .ubc8a4e7257e40f95502dada15cc893b0 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ubc8a4e7257e40f95502dada15cc893b0 .ubc8a4e7257e40f95502dada15cc893b0-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ubc8a4e7257e40f95502dada15cc893b0:after { content: ""; display: block; clear: both; } READ: God forbid EssayI think both of the authors use the same sort of main characters even though the stories were completely different! Both of the characters had been very nervous and unsure about themselves. I think the authors used violence and death to put across their stories because it grabs peoples attention and makes them think about what is going on in the stories. I dont think it is very important that the stories are written in the First person or the third person she might as well have hit him with a steel club I was not sure, I told him that I did fully understand these ways of telling the story are just as good as each other. Dickens wrote about a train killing someone because people were afraid of trains in those days, in 1866 trains were relatively a new invention. Dickens didnt support new technology and trains so in his story he could express his dislike for train and warm people of what they could do. Dahls massage had more of a moral to it the concerns about the rights and wrongs murder. He used Mary Maloney as an example that murder is a spur of the moment thing and you can even use the anger to hurt someone you love. This shows that both writers suggested in their stories that new technology is not always helpful for example trains, forensic science-finger printing etc. For the time we are in now Dahl is more up to date and writes for a more modern audience and often his work is written for television and radio, he would assume that his readers would know what a typical household would look like because they would have seem many on the television. This is because Dahls story was written in 1979 when the TV and radon had been invented she carried it upstairs, holding the thin bone-end of it with both her hands, and she went through the living room she saw him. This quote does not use a lot of description about what the living room and stairs etc looked like because it would be the same as on TV every other suburban household. Dickens wrote his story in a lot more detail because people only had  access to books and written words they would need to build a picture of this story in their imaginations, and because this story was a ghost story this would have thrilled and excited them. Televisions were not invented when this story was written in 1866 there was a fire, a desk for an official book in which he had to make certain entries, a telegraphic instrument with its dial, face, and needles, and a little bell of which he had spoken. This quote uses a lot of description because if you had a TV you would have probably seen an example of a signalman box or a little hut before but because the television hadnt been invented Dickens had to use a lot of description. I have found the difference between these two stories are, The signalman is supernatural Lamb to the Slaughter is not, both writers have a serious but different purpose for writing their stories, both writers suggest that modern science and technology dont give you all the answers in life, both have central characters who have seem to have lost their minds, both writers involve violence and death in their stories to draw the readers attention, and the ending to both stories had a twist which in both of the stories I did not expect. Lamb to the Slaughter is very funny but at the same time ends on a cliff hanger, but The signalman is not really a cliff hanger but leaves you thinking.

PAUL OF TARSUS Essays - Knowledge, Research, Scientific Method

PAUL OF TARSUS DAVID GILLENS HISTORY 155 December 20, 2015 HISTORY The Apostle Paul was born around the year 3 AD in the Jewish community of Tarsus. Tarsus was the chief city and capital of Cilicia. When he was born, his strict Pharisee parents dedicated him the service of God and raised him as a good Jew. At the age of eight the name him Saul after Israel's first king Who was from the tribe of benjamin Introduction Explain the purpose of the paper. In most cases, the Introduction summarizes the theoretical importance and previous research in the area and includes a clear statement of the research hypotheses or aims of the paper. The Introduction begins a new page. Method Describe the study in enough detail to permit another investigator to replicate it. The Method section is often divided into three subsections: Subjects, Apparatus or Research Instruments/Tools (if necessary), and Procedures. The Method section continues on the same page after the end of the Introduction. Subjects This sub-section is optional. Apparatus (or Research Instruments/Tools) This sub-section is optional. Procedures This sub-section is optional. Results Summarize the data and the statistical treatment of them. Graphs and tables should be included if they make the results more intelligible. The Results section continues on the same page after the end of the Method section. Discussion Evaluation and implications of the research, including how the results support or do not support the argument; comparison of results with previous research; and problems with the research. The Discussion section continues on the same page after the end of the Results section. Appendices Includes supplementary material not appropriate in the body of the report The Appendices section begins a new page. References In the research report, all references to previous research or ideas will be accompanied by a reference citation of the original author. The References section begins a new page. The following are examples of appropriate layout for references: [Author Last Name, First Name]. [Year]. [Book Title]. [Publisher]. [Author Last Name, First Name]. [Year]. "[Article Title]." [Periodical Name] [Volume]([Number]): [Pages]. The entries have these elements: author(s); year of publication; title; and source (publisher for books, and title of journal for reports or articles). Book titles are underlined; titles of articles are in quotation marks; journal titles are italicized. The journal title is followed by the volume number, then the number within the volume (or the month or season, depending upon the journal's style) in parentheses, and then the page numbers. Citing Internet Sources There differing styles and no standard for citing Internet sources. Check with your instructor about whether your institution has a preferred style. In the absence of one, use the following style, which is adapted from the periodical reference mentioned earlier: [Author Last Name, First Name]. [Year]. [Web Page Title]. [Website title or owner]. [Website URL] (accessed [Date accessed]).

Benedicts Rule free essay sample

Ethics directs our attention to what it is to do good and to be called good. It studies activity, whether personal or institutional, in particular its significance for character and human flourishing. Doing Business with Benedict: The Rule of Saint Benedict and Business Management A Conversation [Illustrated] [Paperback] Marret Crosby Dollard (Author) Synopisis In the world of business where it has become fashionable to apply rules from other walks of life to the boardroom, the application of spiritual rules within business has become extremely popular. It also provides business with an alternative to whiteboard briefings and management spiel. The Rule of St Benedict is both spiritually enhancing and widely applicable. Managing permanent rapid change is the ultimate task for business from now on. The Rules stress on realism, vision and perseverance in the context of strong communities provides business large and small with a way forward to survival and success. We will write a custom essay sample on Benedicts Rule or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The book also serves as a guide for people who run religious communities and indeed communities of any kind. For example, faced with the issue of whether monks should drink alcohol, Benedict admitted that it would be better if they did not. But he mused that nowadays (meaning the 5th century), it has become commonplace for beer and wine to be drunk at meals. And this is good. So, he sanctioned drinking moderately. It is true that Benedict penalized for lack of obedience, but the rationalization was to maintain order and, ultimately, to foster harmony within the community. Harmony cannot coexist with negativity. No organization can achieve its maximum efficiency if grumbling is wide-spread. Benedict did not suppress problems or personal freedom, but required that they be channeled properly through the organization via the daily employee chapter meeting, through mentors or the fatherly advice of the abbott (from the root abba meaning father). Benedict focuses in on what most managers avoid—addressing negativity at a personal level. What is lost to todays managers is the impact on productivity and profitability. Any manager who has tried to change knows the crippling power of negativity to bind organizations. Stability is at the heart of Benedictine community. Through mutual obedience, a family is created that is the infrastructure of Benedictine community. Community, as a word, has Latin roots meaning, to eat bread together. The Rule of St. Benedict stresses the importance of coming together on a daily basis. This type of bonding was the foundation of community. Even business organizations require a measure of bonding to be successful. Long term successful organizations have strong social ties among their members. So many times business people overlook this key organizational facet. Socialization is bonding. The Benedictine team allows for individuality but is focused on the community. The virtue of humility is much lost today. It does not suppress individual achievement but does suppress the use of achievement to control and use as power. Some of the greatest individual craftsmen arose from the Benedictine community. It is humility that gives the individual a perspective of self and a role to build community. Individual ideas are fostered, but ultimately the good of the community is the rule by individual choice. Another characteristic of Benedictine teams is that they equate to community. The push today is to form multiple teams within an organization, which actually can lead to a breakdown in community and overall teamwork. Benedictine teams are totally integrated using committees for more specific problem solving, employee involvement, and administration. Benedictine communities used the daily team or chapter meeting to focus on one rule, one community. Committees were used to involve employees and develop a specific focus on an issue. Committees were part of the community, not separate teams as we see in many of todays structures.

The Death Penalty Debate in the United States of America

The Death Penalty Debate in the United States of America Introduction Capital punishment has otherwise been referred to as death sentence or death penalty. It can also be used to refer to legal execution of a convicted individual or through a judicial process.Advertising We will write a custom essay sample on The Death Penalty Debate in the United States of America specifically for you for only $16.05 $11/page Learn More The capital punishment has always been used in situations where an individual or criminal is judicially convicted of a capital offence or capital crime (Milhorn 401). It is important to examine the origin of capital punishment. The capital is a term that was coined from the Latin word â€Å"capitalis† which actually, in its literal sense means â€Å"gaze at the head.† So it means that initially, capital punishment was a situation where a convicted criminal had his or her head judicially severed. Nonetheless, it is important to note that capital punishment, in the past, has virtually been utilized every society (Milhorn 401). However, available literature indicates that only 58 countries of the world still practice capital punishment; this represents only approximately 5% of all countries in the world. The meaning of this is that about 95% of all countries in the world have turned away from using capital punishment to contain crimes. In many countries, capital punishment is still a subject of hot debate in many countries, including the United States of America, and standpoints can vary within a given singular cultural religion amongst a group of individuals or political ideology (Clarke and Whitt, pp29 of such countries where capital punishment is still an option are the United States of America, the People’s Republic of China and Indonesia (Clarke and Whitt, pp.46-57). However, looking at the contemporary society, the global distribution of death penalty has been varying greatly with some countries and states abolishing and reinstating capital punishment s.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Since the end of the Second World War, the global tendency toward abolishing the death penalty has been on the rise. According to available information, there are countries that have abolished death sentencing completely; some have only allowed it under special or specific circumstances while others are yet to make their decisions and take a stand on abolishing it. Even though death penalty is still being practiced in a significant number of developed nations, it was widely practiced in developing countries most of which were under the control of repressive, dictatorial or totalitarian governments. With regard to this, it will be accurate to argue that that capital punishment has some times been used for political reasons to contain political dissidents. The death punishment in America is varied depending with jurisdictions. Practically, death punishment in the United States of America is only applicable in cases of motivated murder and more remotely for felony assassination or what is otherwise referred to as indenture murder. The (capital) punishment is believed to have been there even at the time of the earlier colonies of the United States; it as well continued to be in force within the states that came to form afterwards. In the process of judicial execution, the methods are different and depended on the type of criminal activity committed. The first to be sentenced to capital punishment in America was executed in 1608; the person was judicially executed after being convicted of spying on behalf of the government of Spain. Afterwards, the capital punishment in the United States have been abolished and reinstated for a significant number of times. Nonetheless, several states within the United States apply capital punishment for differently in relation to crime committed (Clarke and Whitt, pp.03-68). This positi onal paper will argue in favor of death penalties. To this effect, the paper will examine the various reason death penalty is still appropriate and important towards containing certain types of criminal activities. Moreover, the paper will utilize the ideas such as DNA evidences and other forms of evidences as they relate to death as a penalty. The various impact of banning death as a penalty will also form part of the themes in this paper. Abolitionists’ Views In order to get the basis on which to understand the significance of capital punishment, it is important to start by looking at arguments against the judicial execution.Advertising We will write a custom essay sample on The Death Penalty Debate in the United States of America specifically for you for only $16.05 $11/page Learn More It is important to note that even though death penalty has gained support from various individuals, private organizations and state institutions, the subject is sti ll hotly detested; there are a significant number of people or group of individuals who cannot see the positive side of capital punishment. The opposition to capital punishment began as early as 1767 when abolitionist movements were taking roots. The current abolitionist movement has its roots in the works of Montesquieu, a European theorist. Other theorists included English known as Quakers John Bellers, Bentham and John Howard. Meanwhile, it was Cesare strongly campaigned against capital punishment the world over. Beccaria hypothesized that the state does not encompass any validation to take away life either for a group of individuals or an individual. The work of Beccaria offered staunch abolitionists with a renewed energy to argue champion against capital punishment with an authoritative voice. In fact, the influence of this theory achieved some grounds worldwide where some countries actually abolished death penalty as a way of judicial killing. The ideas of Beccaria on death pe nalty had great influence on the American intellectuals who fought for its abolishment except in extreme cases like treason and crimes of murder. The abolitionist movement has argued, borrowing from Beccaria’s arguments, that capital punishment does not serve as a deterrent to crimes for which it is meted. During the early part of the 19th century, abolitionist movement gained momentum in the United States of America and consequently some states revised their statutes in relation to capital punishment. Even so, more states maintained their capital punishment statutes. By the time the United States was facing the First World War, capital punishment was reinstated; this could be interpreted as a blow to the anti-capital punishment crusaders. As much as death penalty is necessary, those arguing against it advance a significant number of incontrovertible arguments that are worth acknowledging. They have argued that there exist nothing like humane method of judicial execution irre spective of what crime the convict might have committed to warrant death sentence. These people state that execution is torturous to a convicted criminal and that it must be realized that the criminals are also human beings with human feelings and fear of losing their families. Moreover, an argument has been advanced that the mental conditions of the convicted as at the time of commission of capital offense is not usually given the attention it requires; besides, it is noted that from the time capital punishment is pronounced on a convict upto the time when execution takes place, the convict undergoes a lot of psychological torture and mental disturbance. This causes more suffering to the convict than the commission of offence may warrant.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The most important point raised by those arguing against capital punishment is the virtual conviction that there may be a miscarriage of righteousness where an innocent individual may be judicially executed and there is no possible compensation in case this takes place. Due to this uncertainty, many individuals have petitioned and pressurized states to consider abolishing death penalties in their judicial systems. Another argument advanced by anti-capital punishment crusaders is that the families of the convicts should not be overlooked. They say that the families also feel pain when they realize there loved ones are to be judicially executed; the families of the convicts are said to go through hell during the time starting from the pronouncement of death sentence to the actual execution of the convicted criminal. Racism has been linked to unjustified death sentences where members of a given race are more likely to be handed death penalty than others. For instance, it is estimated t hat black capital criminals are highly likely to get death penalty where the victims are mostly whites; in cases involving black victims, white capital offenders are most likely to escape death penalties. Meanwhile, there are so many reasons the anti-capital punishment crusaders have advanced against death penalty. However, maintenance of death penalty in the penal code is still very important in terms of certain crime prevention. The Need for Capital Punishment As much as there have been oppositions to death penalty by human rights and activists and other abolitionists, death penalty still has a significant role to play in terms of ensuring deterrence to keep away capital criminals from committing capital offences. In the history of death penalty, there are sufficient evidences indicating that even countries in which capital punishment had been removed from the statutes have reinstated the form of punishment. This implies that the role played by the legality of capital punishment r emains invaluable in terms of crime control and prevention (Council of Europe, pp.3-13). The argument between those for the death penalties has been going on for sometimes now in the United States of America. There are many people who have tried by all means available to them to push the state to abolish death penalty. However, the fact is that death penalty is necessary in cases of certain crimes like serial killing, abduction and rape of underage children and other forms of felony. Those opposed to death penalty base their arguments on the possibilities of convicting and subsequently executing an innocent person (Council of Europe, pp. 15-25). The death penalty provision exists after the law makers realized that it is the only solution to certain crimes, otherwise what government will want to execute the very innocent citizens it is mandated to protect. One striking fact is that before someone is convicted of a felony and sentenced to death, through investigation must be conducted ; the process of conducting such investigations includes the use of scientific techniques like DNA tests even though this has been faulted to have possible errors of proof just like any other means of determining the guilt of a criminal offender. Most important to note is the fact that the conviction process does not only utilize one means of determining whether one is guilty or innocent, a combination of methodological techniques is used so that one technique is highly likely to examine what is beyond the scope of another. It is important to note that those arguing against the death penalty have advanced some arguments that are both logical and realistic. However, they seem to be oblivious of the fact that the process of conviction is so elaborate and effective that the chances of convicting an innocent individual is actually close to unlikely (Council of Europe, pp. 15-30). Moreover, it is still wrong to argue that death punishment may condemn an otherwise innocent person to death . There is absolutely no proof for this claim; before anybody faces execution, especially within the United States of America, a carefully selected jury is selected to examine and make decisions on such cases as relate to capital punishment; and they have always worked towards proofs beyond any reasonable doubt that a defendant is actually guilty of the capital crime committed. Therefore, the likelihood of any innocent individual being executed by mistake is actually limited. Given the perpetually improving forensic science, the chances of judicial execution of an innocent individual is nearing zero. It therefore implies that the fear of executing an innocent person judicially should not now be amongst the reasons anti-capital punishment crusaders use against the death penalty (Gershman, pp. 107-117). The inappropriateness of capital punishment has also been widely propagated through the various media. The fact is that the media has always confused the true distinction between the t erms â€Å"acquittal† and â€Å"innocence† as they are used in the justice system. It is this confusion in the media’s judicial reporting that present the public with the belief that those who escape convictions are actually innocent individuals who would otherwise be executed for a given crime. The clear characteristic is that innocence suggests that the individual did not indulge in the offense although being exonerated does not imply innocence. The fact is that the court is likely to acquit a suspect in cases where the defendants are not able to prove beyond any reasonable doubt that the accused actually committed the offense. It is in such cases where the court has acquitted an individual, irrespective of whether he or she committed the crime or not, due to lack of proof beyond reasonable doubt that the media has taken it as if the court has found the individual innocent. In summary, a jury is obliged to acquit an individual who is most likely guilty but who se guilt cannot be proven before the court or the jury beyond any reasonable doubt. This is also a proving ground on which capital punishment should not be abolished (Gershman, pp. 131-140). The possible conviction and subsequent execution of an innocent individual is unfortunate by all standards of justice available. But, it is noteworthy that the unfortunate scenario can not only be avoided through abolition of death penalty. Instead, the immense role played by death penalty in terms of criminal deterrence should appear in the bigger picture. Even if innocent people can mistakenly be executed for crimes they have not committed or abated, their number may not match those offenders who qualify for death penalty. This implies that the probability of executing an innocent person is immensely insignificant and hence should not be a reason for which death penalty should be abolished. Besides, in the recent past, there has never been heard of a situation where and individual has mistaken ly been convicted and sentenced to death. This reinforces the argument that the chances of executing an innocent person are very limited and almost unlikely (Gershman, pp. 202-213). Looking at the bigger picture, it is important to acknowledge that there are some career criminals whose existence means perpetual threat to social tranquility besides creating social disorder. For example, a career criminal whose presence in any setting is always defined by violence and even death might have been in and out of jail. This implies that such as criminal cannot be rehabilitated through jailing and hence the need to eliminate him or her from the society. In this case, death penalty may not be considered as a punishment to the offender, but should be seen as a way of ensuring that a single individual or few people do not threaten the overall social peace within a given society. In relation to this, it will be noted that judicial execution is an effective way of stopping capital offenses. Ther e may be many criminals who carry out capital offenses, but the judicially executed ones will never commit such crimes again. The victims of criminals vary in terms of gender and age. In many cases, there are vulnerable groups which suffer in the hands of certain offenders. For example, children and women are the most likely victims of sex offenders. Sex offenders are normally handed more severe punishment than other offenders. This is acknowledgeable, but the fact is that punishment should not be seen in terms of what kind of offence is committed; it should be viewed in the light of what effects or impacts it is likely to have on the general public, especially with respect to right to life and other fundamental freedoms. In this case, it will be defeating to logic to let an individual whose behavior has proved heinous to the general public to continue living amongst the members of the society; this will simply offer such an individual more opportunities to continue with is heinous act. If left unchecked through death, such individuals are likely to remain threats to the neighborhood of their residence. So, the only way to ensure they do not continue with their socially threatening undertakings is sentence them to death (Gershman, pp. 231-137). Generally, punishment is used as deterrence to criminal activities. In view of this, it is worth mentioning that death sentence is a unique its own capacity as a deterrence to reoccurrences of particular crimes. Unlike other penalties, death is not meant to teach the convicted a lesson. It performs two levels of functions; one, it simply puts an end to heinous criminal activities by a specific individual. This implies that there may be other criminals committing similar crimes but the actions by the executed individual are completely terminated. Two, it is a fact that many people fear dying; and the constitutional provide for death as a penalty to deter an individual from committing certain crimes. Therefore, in situati ons where a convicted individual is executed, the message is not to the executed but to those who are yet to commit a similar act. This is what is referred to as general deterrence or indirect deterrence to crime. According to research findings, death penalty has been found to reduce homicide where it is being meted. For instance, the research study conducted by Emory group during the period between 1977 and 1999 indicated that death sentence had been effective in terms of lowering homicide rate in about 3, 054 counties. The study findings further indicate that each death sentence pronounced resulted into 4.5 reductions in murder crimes while each execution led to reductions in murders by three. Research studies have also been conducted within the United States of America and the findings shows that the rate of homicide increased by 91% in the states where death penalty was abolished. Meanwhile, 70% of the states are reported to have experienced a decline in homicide after the state s had re-introduced death penalty (Espejo, pp1-15). Data collected from the general public are in agreement with the sentiment that capital punishment should not be abolished. Many of the surveyed public members of various countries have expressed their sentiments that retribution for the criminal activities committed against them, their relatives and friends is more significant to them than deterrence. An important point to take into consideration is that many criminals have been executed since death penalty was introduced several decades ago. This means that the justice system has actually not been sufficiently equipped to handle the criminals and hence failed to reform their behaviors. For instance, different sex offenders have been caught severally in different cases. The fact therefore is that the threat of death has not deterred them, so the focus shifts from rehabilitating the criminals to protecting the safety of the general members of the society; and this is through legall y eliminating them by execution. The argument here may be that death penalty has not succeeded to deter such heinous criminal activities; nonetheless, it is better to have new people committing the crime dealt with rather than let individuals to live and repeatedly commit there heinous acts. This makes sure one does not perpetually commit the offence (Espejo, pp.34-38). Death penalty has been limited to certain age. In 2005, the Supreme Court of the United State of America made a ruling that adolescent individuals are not subject to capital punishment. The ruling was premised on the research done by the American Psychological Association. The research findings claimed that adolescents are less mature than the adults and hence are subject such factors as peer pressures, difficulties in restraining their impulses and the general underdeveloped sense or responsibility. This research made the Supreme Court to rule that people under the age of 18 years old cannot be handed death sentence . The Supreme Court ruling on this matter is not sustainable in terms of ensuring justice for all citizens, especially the victims whose only hope is retribution for criminal acts committed against them. It implies that victims of heinous activities committed by the less than 18 years old criminals can never get justice yet the state is mandated to ensure justice and safety for all. The fact is that, in terms of development, there is a thin line between an 18 year old and 17 years old individuals and thus adult age may not imply. The 17 year old averagely thinks just like an 18 year old individual. In this case, age should not be a factor in determining who gets death sentence and does not. Every behavioral activity should be considered with respect to its danger to the members of the society (Espejo, pp.132-146). Death sentence should apply to all irrespective of age since the consequences or impacts of such heinous activities are always relatively the similar. For instance, the vi ctim of rape by a less than 18 year old teenager will have the same horrible experience as the victim of rape by some who is 18 years and above. The death penalty should therefore be applied for the safety of all members of the society. The rationale here is that the magnitude of pain inflicted through heinous act is totally independent on the age of the offender and that is what should actually inform the justice process. It has also been argued that death punishment is cruel an unusual to both the convict and the convict’s family members and friends. Those who pose this argument are oblivious of the fact that the victim and his or her families and friends also have the same experience. To argue on the cruelty about the cruelty of capital punishment meted to a convict and remain silent on the side of the victim actually defeats the logic of justice. One thing that is important to be borne in mind that the convicted criminal must have been aware of the consequences of committ ing capital offenses. This is reinforced by the fact that the consequences of crimes are well spelt in the statutory books and have been in existence for very many years. Again, it is worth recalling that every judicial execution taking place now, especially in the 21st century, is not the first ones; the executions have been going on since over a thousand years ago. It is therefore a common knowledge that every criminal should know the most probable consequence of every criminal act. In addition, the law is very clear on the kind of people who can be tried and convicted before the court (Espejo, pp.156-162). There are those who are exempted from judicial proceedings; such are those who are mentally ill or have mental disorder, the minor children who are statutorily underage amongst others. In view of all these, it is important to realize that a convicted criminal is always aware of the consequences but went on to commit the crime anyway. Again, the convict must have been aware of t he potential harm and pain to the victim, the victim’s family and friends but went on to commit the crime anyway and also, the convict must have been aware of those who have committed similar offenses and actually convicted and judicially executed. So, it is justified to say or assume that a convicted individual sentenced to capital punishment had sufficient information at his or her disposal to enable him make a rational choice, though this may not always be the case. It therefore implies that in the presence of all these overwhelming information, that is also common in the public domain, the convicted individual still chose to go a head commit a capital offense; this may be referred to as crime by impunity. For this reason, it justified to judicially execute the convict irrespective of whether he or she feels the pain or his or her friends and family do. The idea here is that in case of pain felt by family members and friends of the convict, the convict failed to think of t hat before committing capital offense. In support of the forgoing argument, it is suitable that the mode of an eye for an eye is utilized. Many people who support capital punishment are highly likely to see this as cruel, but this will be very effective in terms of deterring capital offenses and protecting the general innocent public members. The issue is that the victims of capital offenders are, in most cases, innocent; and in cases where they die from heinous acts of offenders, it cannot be argued that they will ever get justice. So, judicially executing somebody who has killed does not necessarily afford the dead victim justice, but it is ensuring that as many capital offenders as possible are eliminated from the society. In terms of moral grounds, anti-capital punishment crusaders have argued that death penalty does not have moral standing; but it is important to state that if that may be true, then the activities of capital criminal offenders are also not morally acceptable in the society. Nonetheless, the question that may be asked is that of how the perpetually or dangerously immoral behavior can be eliminated from the entire society if not by judicial execution. If this question were to be answered, then the response will be none, hence leaving capital punishment as the only means (Mandery, pp.1-9). One other thing that has not been given much of attention in the debate about the appropriateness of death penalty is that every prisoner or inmate would like to escape from prison should an opportunity arises. In fact, there have been several reports indicating that many prisoners have escaped from prison premises. In particular, those on long-term jail terms are most likely to escape from prison given that there lives are at stake due to the jury’s approval. In this case, if capital offenders were to be given long jail terms, they are likely to escape and find their ways back into the society where they are likely to continue committing the very c apital offenses they had been convicted of. In order to avoid such incidences, it is important that those found guilty of capital offenses be handed death penalty and thereafter be executed within the shortest time possible (Espejo, pp. 260-167). Again it is important to recognize that laws are very dynamic and subject to change with time. In situations where a capital offender were to be jailed for life without a parole, the change of law may grant such an offender some minimum level of parole which may beat the logic of justice for the victim or close relations of justice. For instance, a capital offender may be sentenced to life in prison but after some times, the law may possible change in such a way that those who are on life imprisonment jail term may be eligible to release if they meet certain requirements like changed behavior or showing remorsefulness. The consequence of this is that this kind of statutory change may be misused by the inmates through pretending to have beha vior change but once released may again go back into committing similar capital offenses for which he or she was jailed. This imprisonment may be considered to be the most appropriate alternative to capital punishment, but laws change and people also tend to forget about the past. In this scenario, life imprisonment may be abolished and capital offenders may be allowed back into the society after a given period of imprisonment. For this reason, it serves no good the society to abolish capital punishment and this may even lead to upsurge in the number of capital offenders (Yorke 283). The cost of judicial execution has been fronted as one of the reason capital punishment should be abolished; it is explained that the process of running a case of capital punishment demands a lot of money from the state and also the family members of convicts who may be engaged in several court appeals. It is true that going through the process of issuing capital punishment is complex and requires time and financial input. However, the cost is justified; first to ensure that the due process is thorough to avoid convicting an innocent person and also to ensure that it is proven beyond reasonable doubt that the suspect is actually guilty. The processing of executing a convict requires exhaustive evidences which should be ensured are as accurate as possible since everything at that time revolves about lives; first, it revolves around the life of the suspect who may unjustifiably be executed for a crime that might attract lesser sentence and second, in case of murder, the life of the members of the society who may continue to be victims if the accused is released on account of insufficient proof. It is clear that the cost of the whole process is to ensure justice for both the suspect and the victim and potential victims (Yorke 283). Conclusion Death penalty is a capital penalty used in punishing criminals who engage in serious criminal activities that may even go far as causing real o r perceived threat of life. The death penalty has been a serious debate topic in the United States of America. The existence of execution as a form of meting punishment to serious offenders and criminals has over the past drawn mixed perceptions. It is important to note that the differences in opinions are significant reasons for which some states within the United States have abolished death penalties while some still maintain it in their statutes (Milhorn 401). As much as capital punishment is still relevant, there has been heated debate about it with a significant number of people arguing against it. The opposition to capital punishment began as early as 1767 when abolitionist movements were taking roots. The current abolitionist movement has its roots in the works of Montesquieu, a European theorist. Other theorists included English known as Quakers John Bellers, Bentham and John Howard. However, it was the work of Beccaria offered staunch abolitionists with a renewed energy to argue champion against capital punishment with an authoritative voice. As much as death penalty is necessary, those arguing against it advance a significant number of undeniable facts that are worth acknowledging. They argue that capital punishment is cruelty against humanity, offenders might have not been sound mind at the time of commission of a capital offense and that execution puts the family of the convicted into pain and agony (Clarke and Whitt, pp29-46). The most central point raised by those arguing against death punishment is the virtual certainty that there may be a miscarriage of fair dealing or honesty within the court system where an innocent individual may be judicially executed and there is no possible compensation in case this happens. Because of this, several human rights group have petitioned various governments in the world to drop capital punishment from their statutes. Despite the opposition to it, death penalty still has a significant role to play in terms of ensuring deterrence to keep away capital criminals from committing capital offences. In the history of death penalty, there are sufficient evidences indicating that even countries in which capital punishment had been removed from the statutes have reinstated the form of punishment. This implies that the role played by the legality of capital punishment remains invaluable in terms of crime control and prevention. The death penalty provision exists after the law makers realized that it is the only solution to certain crimes, otherwise what government will want to execute the very innocent citizens it is mandated to protect. In order to avoid executing an innocent individual, anybody who faces execution, especially within the United States of America, a carefully selected jury is selected to examine and make decisions on such cases as relate to capital punishment; and they have always worked towards proofs beyond any reasonable doubt that a defendant is actually guilty of the capital c rime committed. However, a jury is obliged to acquit an individual who is most likely guilty but whose guilt cannot be proven before the court or the jury beyond any reasonable doubt. Death punishment is used as deterrence to criminal activities. According to research findings, death penalty has been found to reduce homicide where it is being meted. For instance, the research study conducted by Emory group during the period between 1977 and 1999 indicated that death sentence had been effective in terms of lowering homicide rate in about 3, 054 counties. Capital punishment should be applied to all irrespective of age since the consequences or impacts of such heinous activities are always relatively the similar. Moreover, capital offenders seem to be always aware of the consequences of their criminal act before they commit it yet choose to go ahead (Clarke and Whitt, pp.46-57). Again, in case capital punishment is commuted to life imprisonment, there is high possibility that if the lo ng-term serving inmates escape out of prison, they will still continue to commit the very crime they were convicted of and hence place a mockery on the justice system for the victims and potential victims. Besides, the laws may change in such a manner that the capital offenders get an opportunity to go back into the society and may possibly not be cowed by the lesser consequences (Espejo, pp.156-162). Clarke, Williams Whitt, Lauelyn. The bitter fruit of American justice: international and domestic resistance to the death penalty. New York: UPNE, 2007. Council of Europe. The death penalty: beyond abolition, Parts 42-43. New York: Council of Europe, 2004. Espejo, Roman. Does Capital Punishment Deter Crime? New York: Greenhaven Press, 2002. Gershman, Gary. Death penalty on trial: a handbook with cases, laws, and documents. New York: ABC-CLIO, 2005. Mandery, Evan. Capital punishment: a balanced examination. New York: Jones Bartlett Learning, 2005. Milhorn, Thomas. Crime: Computer Vir uses to Twin Towers. New York: Universal-Publishers, 2004. Yorke, Jon. Against the death penalty: international initiatives and implications. New York: Ashgate Publishing, Ltd., 2008

Case Study - Organisational Development Example | Topics and Well Written Essays - 2000 words

- Organisational Development - Case Study Example Notably, such poor leadership skills portrayed in poor organizational communication usually lead to increased conflict thereby leading to poor production. Therefore, this case aims at addressing vital interventions and the modes they can be applied towards achieving their intended applications towards correcting the current lame organizational leadership systems. To manage systematic changes in an organization, often organization development interventions prove useful. The Chris Argyris’ Ladder of Inference is the first intervention used to solve the problems of VRD (Argyris, 1985; Pg. 37). The Ladder of inference illustrates that to reach to a conclusion or draw inference it is necessary for follow the steps in the ladder that includes observing the available data, selecting the relevant data, affixing meaning to the data, making assumptions, developing belief and drawing conclusion and finally taking action based on the belief. In this applications, the inference to be applied in working the conclusions to the underlying organization problems include opinions, beliefs, and or conclusion drawn from gathering data that are based on cultural or personal experiences. The same data must be supported data based on the premises that the same data is true. In VRD, the implication of the Ladder of Inference can be explained base on the available data or evidence that shows that the organization lack strong leadership and employees are not ready to quit the status quo or to accept organizational changes. Notably, both the employees and the management are unable to understand the need of a radical change among other factors such as ineffective communication, lack of innovation, and change in the VRD’s organizational management. Other data sets that can be drawn in case for managerial management adjustments include the inadequate organizational communication that leads to poor production and