Is Trial by Jury an Efficient and Just System Essay

Is Trial by Jury an businesslike and Just System - Es ordain ExampleConst., amend. VII). Many states absorb considered the right to a trial by board so important that it is written into state constitutions as well (Saks). It is, therefore, not an exaggeration to say that the right to a trial by jury is considered a fundamental right of the American healthy and judicial carcass. A trial by jury has its roots in Great Britain, where juries were used to extend protection against the harsh judgments of those that were in the favor of the King, and therefore handed down relatively harsh judgments for relatively small crimes (Graham, 2009). That system has grown, from Britain, to the United States, where in 2006 an estimated 154,000 jury trials were held nationwide (Mize, Hannaford-Agor & Waters, 2007). However, this does not mean that the system itself is staring(a) indeed, if incarcerated criminals were questioned, most would likely say that the judicial system had not done what they hoped it would do. Trials by jury don time to put together, and can be expensive to everyone involved (VanKoppen, 2009). Trials by jury also have the benefits, however, of uncloudedness and impartiality, the bigger availability of resources, and because juries do not have the same concerns over image or power as a render does. For these reasons, a trial by jury is an cost-efficient and barely system in proving guilt or innocence. One reason that trial by jury is an efficient and just system is that juries are chosen based on their ability to be impartial and fair towards the one who stands accused. This is proven during the jury selection, when both lawyers ask questions and ensure that each person impaneled on the jury can be fair and impartial during the trial (Saks). Potential jurors that have a problem with genuine sets of circumstances, such as racism or even possibly voting for the death penalty in capital cases are dismissed (Saks). In this way, fairness towards th e accused is ensured. In contrast, a judge essential go through no such procedure. The role of a judge was created for the very reason of defend an accused (Graham, 2009). It is taken for granted that a judge will be impartial even though the Constitution does not say that a judge must be, it is the right of every American to make merry such a privilege at trial (Siegel, 2010). However, this is not always the way that the judicial system works. Corruption is not unknown, and judges have, in the past, been bought or bribed to render decisions. Consider Operation Greylord, a federal official probe that exposed widespread corruption in the Cook County, Illinois court system in 1983 (Bogira, 2005). judge had been found to be extorting property from prosecution and defense lawyers, as well as taking money directly in exchange for certain verdicts (Bogira, 2005). Had a jury trial been the route taken, instead of the judge being able to be bribed, twelve mess would have had to be brib ed or replaced. While it is square(a) that jury tampering can certainly occur, it stands to reason that it is much harder to tamper with and convince twelve people to vote a certain way, as opposed to one judge. Juries, whether they are made up of sixsome

The Role of Lead Users in New Product Development Essay

The Role of Lead Users in New mathematical product Development - Essay ExampleThis paper discusses that effrontery the dynamic environment within which the foodstuffing application is carried out, there is no gain saying the fact that product innovation occupy a very prime position in the quest to maintain relevance in the trade of a innovative economy.As the report stresses lead users maybe defined as a sample commonwealth of a manufacturers intended market, who get to use a new product before it is actually launched in the market and name generally available to every would be user. A very important indicator of the health of a company is its customer satisfaction index. This all important indicator can be know only after a thorough market analysis, which can be achieved when the lead users approach is adopted. The final aim in the mind of manufacturers is to make sales and by extensions make profit considering that more sales is a strong indicator of a companys performan ce at any given time. Lead users aid market research because it results in systematic gathering, recording and analysis of every info concerning the response of the consumers to the new product. These are the potential customer base of the company and how they react is an indicator of market tendencies and effective business plans can then be created by the manufacturers. The most likely portion of the population to patronize the products are exposed via this approach to market analysis. At a very early point product downsides are discovered and improved upon.

Business and the Law Essay Example | Topics and Well Written Essays - 1250 words

Business and the Law - Essay ExampleFor example in Carlill v Carbolic Smoke Ball C. 1893 is was held that there would be consideration even if the promise suffered an stretch forth by using the advertised smoke ball under the directions of the promisor and the promisor had not incurred a benefit. As Selwyn LJ noted, any act which either confers upon the promisor a benefit or any detriment, or inconvenience to the promise will amount to consideration.2 Essentially, consideration is an act or exchange of promises or bargains from which a nag pro quo outcome can be inferred.3 There is no consideration where there is a sheer gratuitous promise with no exchange of promises.4 Giving the broad meaning of consideration in the right of pore, a collateral contract satisfies the requirement for consideration. It was held in De Lassalle v Guildford 1901 that there is consideration when the promisor promises to get in into the principal contract.5 It therefore follows that not only do colla teral contracts require consideration, they by necessity address consideration. ... For instance in relationship based upon the requirement of confidence and trust, there is a presumption of extravagant influence. However, fiduciary relationships and relationships characterized by inequality in bargaining positions will not automatically break in rescind to a presumption of undue influence.7 In this regard, it is not likely that ordinary contracts amid banks and consumers will give rise to undue influence sufficient for voiding a contract. The specific facts of the case will view whether there was undue influence. For example in Lloyds v Bundy 1975 QB 326, an senescent farmer with no business have intercourse provided the plaintiff with three guarantees in favour of a loan for his sons failing business. The aging farmer had not been told of the gravity of his sons business failings and was not the recipient of neutral wakeless representation. The loan failed to save the son s business and the plaintiff took action to realize the loan by taking possession of the aging farmers farm. The court ruled that there had been undue influence.8 The inequities between the bank and the elderly farmer in circumstances where there was essentially undue influence on the part of the bank, can give rise to unconsionability under discussion section 51 of the Trade Practices Act 1974 (as amended). Section 51 of the Trade Practices Act 1974 demonstrates the close relationship between unconscionability and undue influence.9 Essentially, Section 51 permits remedies for the consumer in circumstances where bargaining is conducted with the result that its corresponding agreement or the conduct during bargaining is unconscionable. A contract is unconscionable where one party is stronger than the other and asserts his will on the weaker party so

Research W. Edwards Deming's 14 points and identify at least one of Essay

research W. Edwards Demings 14 points and identify at least one of those 14 points which resonates with you personally - Essay ExampleHis efforts caught the prudence of the Japanese emperor, who gave him an award for his role in the countrys industrialization (Anderson, 12). Upon returning in coupled States of America, Deming wrote a book by the title Out of a crisis. This book was published in 1982, and it outlines 14 points which if used in the United States manufacturing sector, then(prenominal) there will be an industrial boom in the country. The 14 points advocated by Deming may seem to be a bunch of radical judgments however, to effectively deduce these ideas, it is important to understand Demings explanations of the concept of variance. According to Deming, summercater was the problem that presented a great threat to the manufacturing industry of United States of America. Deming reasoned that if there was a variation in prices, times of delivery, work ethics, then compa nies were wasting their resources (By, 23). On this basis, Deming identified 14 points of management that people and companies ought to follow. These points are (Deming, 7) 1. Creating a purpose of stableness in order to improve the operations of the business organization. It is therefore important to replace the short consideration objectives of an organization, with long term goals. 2. Adoption of the managements new policy. ... 4. The industry should identify a oneness supplier for one product. This is because many suppliers will always produce different quality of products, and this leads to a variation of the product under consideration, and this results to a variation of the products supplied. 5. There must always be a subscribe to of improvement, and this is in regard to reducing variation. 6. On job training is a necessity if the organization wants to come across efficiency in its work force. Inadequate training will make people inefficient, leading to an annex in varia tion of the products produced. 7. Deming advocates for institutional leadership. In his opinion, there is a difference between leadership and supervision. He de nones that supervision involves setting up of targets, and it is quota based. 8. The eighth principles that Deming develops, relates to fear. Deming denotes that developing business policies out of fear is counter-productive. As such, managers ought to engender out fear for them to achieve success in their endeavors. Fear also prevents workers from effectively serving the interests of the organization. 9. The ordinal principle is in regard to breaking down the barriers that exist between the various departments of an organization. chthonian this principle, the idea of the internal customer emerges. This idea denotes that the various departments within an organization serve each other. They do not serve the management. This is a very central idea in TQM. 10. Deming also proposes the concept of eliminating slogans within an organization. Under this idea, the mistakes that people make, does not arise because of their faults, but because of the various processes within the organization that they are working for. On this basis therefore, it is not wise to harass

Accounting Essay Example | Topics and Well Written Essays - 500 words - 3

Accounting - Essay ExampleIt also caters to a wide variety of financial services like short and long term financing, credit cards, working capital, etc. UPS was founded in 1907 and has its line of business in Atlanta, Georgia (United Parcel Services, Inc. (UPS) n.d.).Companies, bounteous or small need to analyze how their business is faring. With big organizations like FedEx Express and UPS, whose trading operations are from continent to continent, the need to inform its creditors and subscriber lineholders how their respective financial operations are faring is essential to attract more solid investments in order to maintain overhead costs, maturation yearly profits and gain the public trust for a better flow of business.To identify and shed a play alongs financial condition, financial ratio analysis is often used to evaluate the financial stability of a certain entity. Financial ration analysis falls into the following categories (Credit look into Foundation, 1999)By tak ing a look at the above sample computations for FedEx Express and UPS, the ratios indicate that some(prenominal) companies are adequately liquid and could cover up for any financial loss without losing their creditors investments. Using financial ratios to directly compare the financial standing of companies using a different accounting method or flow different accounting practices is not feasible. However, there is no world wide standard for figure the dataBut if investment is to be made, a good investor would not only look at the financial statements and calculate ratios. Other factors must be taken into consideration like how long has the company been around, the stock value of the company and the coverage of its operations. Given the history of FedEx and UPS it could be seen that United Parcels Services, Inc. has been around long-run being founded in 1907 while FedEx was found in 1971. However, investors also look at the fluctuation of stock prices of the company shares. The stock

Quistion Research Paper Example | Topics and Well Written Essays - 1500 words - 1

Quistion - Research Paper ExampleThere are withal sometimes advances in technology that face an organization to compound. In the middle of the twentieth century, for instance, most companies had typing pools with rows of secretaries typing up letters. When computers came along, and functions like skype and email arrived, organizations had to adapt to this and train people how to use them. They also had to potpourri the type of staff they employed, so that there were fewer typists, and more technicians. Managers also had to learn to speed up response times and conduct more of their production line themselves using technology instead of secretaries.Perhaps the biggest departs of any are caused by economic factors. Companies have to deliver more efficiently, and so this can cause them to check their processes in search of ways to work faster and smarter than before. In times like the recent recognise crisis, organizations are at risk of complete failure, if they cannot meet t heir cost commitments and are not allowed to borrow. This can cause serious changes in staffing levels and in the business focus, in order to concentrate on the essentials for survival.Internal change can be caused by many different things too. Often the appointment of a new chief operating officer can mean a change in the way an organization sees itself. There can be a need for expansion of certain units and reduction of others, for example when an organization chooses to start new lines of business and to close others. Most companies also set up systems for gradual and positive change that leads to quality improvement. Japanese manufacturing companies build this in to their business, and encourage even the most junior members of a team to suggest change and improvement all the time. Investment in new equipment can mean changes in working practices. An example of this can be seen in the photographic industry which

Geoengineering Essay Example | Topics and Well Written Essays - 1000 words

Geoengineering - Essay ExampleGeoengineering technologies that perplex to wield this issue can be classified into three broad areas (ETC Group, 19-21) 1. Solar radiation management (SRM) technologies These technologies aim to reduce the effects of greenhouse gases by increasing the radiation of sunlight back into home. Researchers and advocates have suggested un standardised techniques like showing deserts with reflective sheets to deflect sunlight or blocking the sunlight with space shades. This engine room is predicted to divert or so 10% of sunlight away from the planet. Researchers have also suggested covering glaciers in the Arctic region with insulating material to reflect sunlight and prevent the melting of ice. Other techniques accept painting roofs and road surfaces white so as to reflect the sunlight, using superfine reflective ensnarl of aluminum between the Earth and sun as space mirrors and engineer large-scale changes in piss movements in order to provoke clou d formation to reflect sunlight. These SRM technologies can however cause evidential environmental damage, including releasing additional greenhouse gases into the atmosphere. ... 2. Carbon dioxide removal and sequestration This technology aims to remove carbon copyic acid gas from the atmosphere after it has been released. It involves techniques like adding iron or nitrogen to ocean water to stimulate the step-up of phytoplankton in an attempt to promote carbon sequestration in deep sea and developing carbon sucking machines to extract CO2 from the air in solid form so that it can be buried. Other techniques involve controlling the levels of atmospheric CO2 by spreading magnesium iron silicate on farmland or forestland and genetically engineering communities of synthetic microbes and algae to create new forms of carbon sinks. death penalty of these technologies that intervene in complex ecosystems can however cause unpredictable side effects. Again, the duration and precaution of sequestration in land or sea are mostly unknown. Many of these techniques also contract land/ocean use changes that can negatively affect the poor and marginalized people. 3. Weather modification This technology does not address the causes or the mechanism of climate change, but aims only to alter its outcomes. This approach involves techniques like cloud seeding by using chemicals like silver iodide to precipitate rain or snow. This technique is already practiced on a large scale in the U.S. and China despite the skepticism about its effectiveness. Another technique attempts to prevent the formation of storms by redirecting or suppressing hurricanes. Since predicting the weather and proving the effectiveness of these interventions are difficult, these technologies whitethorn result in some unwelcome and unpredictable side effects. Attempts to produce rainfall in angiotensin converting enzyme location can be regarded as rainfall theft by residents of another location, especial ly