Taget company Essay Example | Topics and Well Written Essays - 750 words

Taget company - Essay Example This led to the renaming of the Dayton Corporation into the Target Corporation in 1990 (Target Corporation, 2013). Target Company’s discount department store and hypermarkets deal with a collection of food and general merchandise and in their retail business, including perishables, dry, and frozen items. Target has grown into the second largest discount retailer in the United States and has taken the retail market with a storm since its inception. Target Company has been able to grow rapidly due to its business and operational strategies, innovations, strong brand recognition and awareness, in addition to employee retention. The company has invested into the unexplored and high-potential market field, such as the perishables and frozen food items, focusing on private label products, in addition to strategizing on the expansion of their business units into the global markets. The expansion into the rapidly growing global markets, such as China, Target Company has been able to w ithstand the fierce market competition and the economic slowdown in the United States. Target Company is listed in the New York Stock Exchange (NYSE) as TGT (Target Corporation, 2013). ... The Corporation has also established service programs for eligible team members to cater for their health and well-being, and for their spouses and other dependents (Target Corporation, 2013). Target Corporation’s social responsibility is enhanced through the maximization of its profits, through innovation and brand recognition, in addition to the extensive investment into the global markets (Cheeseman, 43). This is evident in the respective Company’s 10-k forms, and has ensured the maximization of profit for the corporation and the shareholders at large. It is also reflected in the growth of Target Corporation shares in the New York Stock Exchange. This has subsequently ensured the maximization of profits to the shareholders through the rise in dividends, from 1.07% to 1.66% in 2013. The rapid growth of Target Corporation has led to the increase in profits through the growth and recognition of its brand, which has in turn ensured the growth of the company shares in the NYSE (Target Corporation, 2013). Target Corporation also holds high business ethics, despite the fierce market competition from other similar companies, such as Walmart Stores (Target Corporation, 2013). Though the company is in the retail industry and offers discount sales, it upholds healthy completion through the maintenance of reasonable prices that are lower. Consequently, this is likely to increase the client confidence and lead to more product sales (Cheeseman, 35). The moral minimum is therefore upheld, whereby the corporation makes extensive sales and profit but still upholds healthy prices that do not harm other competitors. Target Corporation is also compliant to the customer protection laws and other

Effects of Reintroduction of Capital Punishment in the UK

Effects of Reintroduction of Capital Punishment in the UK The legal and political effects of re-introducing capital punishment into the British Criminal Justice System. Acknowledgement I would like to thank Ms Rebecca Greenhalgh of the charity group Amicus, who provided endless assistance with source materials and statistics reflecting the psychological effects of being on ‘death row’. Amicus is a charity based organisation that assists the lawyers of families of death row prisoners and also provides help with coping with the stress that goes hand in hand with the anticipation of execution. Help is also provided in order to assist with prison visits and other initiatives for the benefit of raising awareness of the unconstitutional status of Capital Punishment in the USA. Appetiser â€Å"I remember the pounding fists of the wooden railings that kept the mob out of the sand covered courtyard. I can still smell the burning embers of Ellion’s pages as they rose above the various bonfires that lined the outskirts of the crowd. These were the ashes of testimonies given by Ellion during the trial but I mourned no loss, for as long as Ellion was alive, his words, teachings and truths would never be lost. I took the final steps of my life knowing above all else that my path was great. I chose to dwell on only one sight and it was not the mob and their deafening cries as they yelled the word HERETIC alongside the din of the executioner’s drums. Nor do I remember the sight of the wielded axe and the faceless man who held it high above my head, ready to strike away at the last of my breath. I remember, but one thing, I remember as I looked up at the distant Minoton in flight, I witnessed it soar up into the skies that at last, to me, boar the eeriness that I could comprehend. I now knew that it was the eeriness that comes with the discovery that these were not the skies that had known of our forefathers. The last words I ever spoke resounded in the ears of the peoples of Giddo Kaata for all time. â€Å"For Peace and Knowledge.† With that the drums halted and the crowd was silent. I closed my eyes as I knelt and felt a slight breeze, then pain and, as I opened my eyes again, I found myself in a vast world of perpetual darkness, and I feared nothing. Live long Ellion, the man for whom I die. Live long, and recite your chronicle.† Extract from ‘The Heretic’ by Nicola Louise Tysoe (unpublished, copyright Nicola L Tysoe) Contents Page (Jump to) Introduction Part 1: The legal effects of the re-introduction of capital punishment into the  British Criminal Justice System 1.1 History 1.2 Effects of the Human Rights Act 1998 and the ECHR 1.3 Comparison with USA, the need to repeal the Human Rights Act 1998 1.4 The Legal Consequences for Britain as an EU Member State and a brief mention of the recent Turkey situation 1.5 The legal effects of International Law Treaties Part 2: The Political Effects of the Re-introduction of Capital Punishment into the British Criminal Justice System 2.1 Internal Politics 2.2 The European Policy with Turkey as an example 2.3 The Alterations of the International Political Alliances with the UK 2.4 Resultant Weakness of the UK’s participation in international politics 2.5 A USA/UK Alliance Introduction The death penalty was abolished in 1965 as a result of the Sidney Silverman (MP) private member’s bill. The debate on the concept of re-introduction did however take place although with increasing failure and with the current governance of the Human Rights Act 1998, the question is now posed, what would be the legal and political effects of the British re-introduction of the death penalty? In order to answer this question it is important to give a brief overview of the history of death penalty reform in order to become aware of the core issues that motivated changes in the law that profoundly stretched over a period of time that included the Napoleonic wars, the industrial revolution, the rise of an educated, middle class, two world wars and their aftermath of social enlightenment. The importance of this exercise will be to also reveal the type of social and political climate that would form the necessary pre-requisite for inspiration to finally abolish the death penalty. Further to this, the effect of the ECHR and the Human Rights Act 1998 will be assessed and comparison with the wording of the US Constitution will provide the subject of analysis for contrasts between pro and con death penalty policies as well as illustrate how capital punishment is allowed in a country that has a Bill of Rights. In light of the UK’s commitments to the ECHR, the legal consequen ces of re-introduction of the death penalty will be revealed in part one, with a complimentary description in Part 2 of the political steps that the UK would have to take in order to realise this hypothetical goal. Part One will end by giving a description of the contrasting commitments under international law treaties. As already explained, part two will discuss the political consequences for the British re-introduction of the death penalty. This means that, as well as stating the steps required for realisation of a death penalty policy, there will be a detailed analysis of UK internal politics, as well as the Country’s relationship with the political, international community and current weaknesses. The purpose of this exercise will be twofold. In the first place, it will be necessary to fully understand the position of the UK in global politics and, in the second place, this understanding will, give way to a more accurate representation of the political, international impact of re-introduction of Capital Punishment to the UK. Part One: The Legal Effects of the Re-introduction of Capital Punishment 1.1 History 1.1.2 The early days – reducing the scope of the offence The first death penalty reforms were introduced by Samuel Romilly in 1808, who sought to remove this form of punishment from over two-hundred various crimes. These crimes were referred to as England’s â€Å"Bloody Code† and included such offences as remaining in the company of gypsies for a minimum of one month[1], the vagrancy of soldiers and sailors[2] and ‘strong evidence of malice’ in children ranging between the ages of seven and fourteen years. Following this early era of reform the early 1830s saw the removal of the penalty for petty crimes such as shop lifting, sacrilege and the theft of mail. The emphasis at this time was a clear campaign to remove the disproportionate trends of the criminal justice system. The result of these reforms did however reveal a higher instance of convictions but it is widely held that poverty and starvation were an additional contributing factor to the occurrence of these lesser crimes[3]. The reforms continued through to 1843 with the removal of gibbeting, which entailed the public display of the executed dead in cages and, finally, by 1861 the death penalty remained for only four separate and serious offences, which were murder, arson in royal dockyards, piracy with violence and, treason[4], of which the latter two crimes continued to carry the death sentence until the enactment of the Crime and Disorder Act 1998. 1.1.3 Limiting the mode of execution As well as limiting the number of crimes that fell within the scope for the death penalty, the methods of execution were also reduced. In 1868, public hanging was outlawed[5] and the punishment of being hung, drawn and quartered was condemned to the history books in 1870[6]. By the start of the 20th century the compulsory form of death for murder was hanging. 1.1.4 A picture of the early 20th century dilema There did however exist the discretion of the jury to aid the ‘recommendation to mercy’ but this was fully reversible by the Home Secretary[7]. Further to this, appeals in the Court of Appeal were to be heard only once and only for the points of law that had amounted to the prima facie case for conviction. House of Lords appeals were strictly allowable at the exclusive discretion of the Attorney General who was to decide whether the particular case involved significant points of law that merited further examination[8]. The result of any successful appeal was the reduction of sentencing to that of life imprisonment but the Home Secretary did later obtain the power to obtain the opinion of a medical panel to determine the mental capacity of the condemned offender[9]. 1.1.5 After the world wars The issue of controversy over the death penalty did not once again grab full media and political attention until after the end of the second world war, when capital punishment became a focus of the British media[10]. The delay in reform was of course a direct result of the suspension of legislative reform that took place during the war, and was the ultimate reason for the shelving of the original 1938 Commons vote to abolish the death sentence over an experimental period of five years[11]. Following the war there were in fact a number of lobbies both for and against the death penalty as well as overall concerns over the innocence of many of those condemned to die. To date, since 1945, there have been three posthumous pardons for Mr Timothy Evans in 1966[12] and Mahmood Mattan and Derek Bently in 1998[13]. 1.1.6 The emergence of new but flawed limitations to Capital Punishment In 1948 the then Labour Government created the Royal Commission on the death penalty but it was not until the election of the Conservative Government when a true legislative compromise was introduced in the form of the Homicide Act 1957. This act was in fact a direct result of the gross miscarriages of justice that had taken place in the years since the war and acted to reduce the scope of the sentence to a mere six kinds of murder. The first was murder executed in the furtherance of theft, followed by murder as a result of shooting or causing an explosion. The third scenario was murder carried out within the course of resisting arrest or while attempting to escape. The fourth and fifth was the murder of a police officer or prison officer while in prison and finally, the sixth murder charge that carried the death penalty was when there were at least two murders on separate occasions. It is clear that the ethos behind this restriction was to reserve the most profound of sentence to the most acute and extreme manifestations of the crime of murder, thereby theoretically condemning to death those few criminals who were deemed to deserve to die[14]. There were however three problems associated with this so-called compromise. In the first place, while this rationale was a step up from the carte blanche capital punishment of all murderers it is clear from analysis of the selected forms of death bearing murders that there was no justifiable reason for such a profound distinction between murder by stabbing and murder by gunshot wound. Secondly, the ultimate flaw here was that the distinctions were wholly based on the actus reus of the crime and not on the mens rea with the result that, in order to avoid the death penalty, perpetrators would become aware of the law and choose their method wisely. Thirdly the provisions of the Homicide Act 1957 did absolutely nothing to curb the suspicions of miscarriages of justice that remained for such cases as that of James Hanratty, who was executed in April of 1962 for shooting Michael Gregsten[15]. Finally, the last executions in Britain, which were of Peter Anthony Allen and Gwynne Owen Evans took place in August 1964 who together murdered John West while robbing his home earlier in the same year. 1.1.7 The abolishment of Capital Punishment in the UK In 1965 Sidney Silverman produced his private members bill that proposed a five year trial for the abolishment of the death penalty, which was indoctrinated in the Murder (Abolition of the Death Penalty) Act 1965. A further vote in 1969 in the House of Commons sealed the fate of the death penalty in Britain as it slipped into the history books and was abolished for good. This status followed in 1973 in Northern Ireland and neither portion of the British Isles have looked back since. 1.1.8 Since Abolishment While there have been more that ten attempts to reintroduce the death penalty in the UK, the last pre-Human Rights Act, Commons vote for hanging as a result of shooting a police officer on duty resulted in a 197 majority in favour of continued abolition. In addition to clear political favour against hanging, there are a number of high profile cases that, since the abolishment of the death penalty, would have resulted in death by hanging but were later revealed to have been gross miscarriages of justice of which the Birmingham Six is one of the most notable examples. Until the enactment of the Crime and Disorder Act 1998, the death penalty remained in force for treason and piracy with violence although at no point in the time since the abolishment for murder were these sentences ever carried out. Finally, sovereignty over the matter of the death penalty was officially removed in 1999 when Jack Straw signed the Sixth Protocol of the European Convention of Human Rights and in 2002, the Thirteenth Protocol was also signed. The full effects of this are set out below in part 1.2. 1.2 Effects of the Human Rights Act 1998 and the ECHR 1.2.1 Relevant Provisions of the ECHR, Identifying the relationship between the original convention and further human rights provisions. 1.2.1.1 The general applicable provisions The preamble of the ECHR (European Convention on the Protection of Human Rights and Fundamental Freedoms) states that signatories: reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other hand by a common understanding and observance of the human rights upon which they depend; being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration†¦ The concept of a foundation for justice and peace, as is stated above and was written in 1950, did not at first encompass abolishment of the death penalty but this changed with the enactment of the sixth protocol, which directly concerns the abolishment of the death penalty as an extrapolation of the more general provision under Article 2 of the Convention and stipulates the basic right to life. Article 2(1) states: â€Å"1. Everyones right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.† It is this breadth of wording that facilitates both wide interpretation and, in relation to the right to life in particular, a wide scope for discretion to exclude or include issues based solely on the political climate of the day. Indeed, at the time of the assignation to the ECHR in 1951, the campaign for the abolishment of the death penalty did not gather huge momentum in light of this provision. 1.2.1.2 The Addition of formal, specific ratifications on the abolishment of the death penalty. Jack Straw MP signed the 6th protocol of 1983 on January 29, 1999, in which Article 1 states that: â€Å"The death penalty shall be abolished. No one shall be condemned to such penalty or executed.† While the provision is extremely clear cut on this basis, there was an exception provided for under Article 2 of Protocol 6, which provided that: â€Å"A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.† The exception to the death penalty abolishment to times of war was repealed following ratification of Protocol 13 in 2002, which came into force on 1 July, 2003.[16] This therefore made it also contrary to the European Convention to legislate for lawful capital punishment during times of war. 1.2.1.3 The overall impact of ratification of specific death penalty provisions Prior to enactment of the Human Rights Act 1998, ratification of the ECHR alone meant that recourse could only be had to it when raised at the European Court of Human Rights in Strasbourg. In relation to Articles 8 on the right to privacy and Article 14 on the prohibition of discrimination, there is a myriad of case law on this point, some of which was successful such as P v S Cornwall County Council[17] on the coverage of gender reassignment as falling within the scope of Article. However some cases did fall prey to the overtly wide provisions of the ECHR and failed. An example is that of Grant v Southwest Trains Ltd[18] in which it was held that the definition of ‘sex’ under the provision of Article 14 did not encompass sexual orientation. With regard to the 6th and 13th Protocols, there exists no such danger of judicial discretion in the exercise of provision interpretation for the simple reason that the wording of these annexes are sufficiently precise to ensure that all signatories to these protocols will harbour citizens who may consciously rely on the provisions under EU jurisdiction. It will however be shown in part two that, despite this misgiving, there is a further political tool for the inclusion of abolition of the death penalty at European level, which is that indoctrination facilitates the use of this policy as a condition of EU Membership. It is in precisely this area that Turkey is having severe setbacks on their journey to EU Membership, and this is set out below under Part 1.4. 1.3 Comparison with the USA the need to repeal the human rights Act 1.3.1 Brief Background of the legal circumstances that permit the death penalty in the USA. 1.3.1.1 Judicial interpretation of the Eighth and Fourteenth Amendments – Furman v Georgia[19] The death penalty in the USA is constantly debated on account of there being heated disagreement over whether or not Capital punishment is caught by the Eighth Amendment, which states that: â€Å"Excessive Bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted[20]†. The Fourteenth Amendment (Section 1) is also relevant for the consideration of applicable Constitution provisions that regulate the rights that are affected by the imposition of the death penalty. This states that: â€Å"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities o citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.[21]† In 1972, the case of Furman v Georgia[22] it was held that the imposition of the death penalty did amount to ‘cruel and unusual punishment’ that contradicted the Eighth Amendment and was also a moral affront to the perceptions of justice by the American people. Justice Brennan remarked that: â€Å"Today death is a uniquely and unusually severe punishment. When examined by the principles applicable under the Cruel and Unusual Punishments Clause, death stands condemned as fatally offensive to human dignity. The punishment of death is therefore cruel and unusual, and the States may no longer inflict it as a punishment for crimes.[23]† In relation to the Fourteenth Amendment, it was successfully argued that the obvious disparity in the provision of adequate legal advice was a clear cause of depravity of due process. The crux of the argument on this matter surrounded the fact that the rich would be able to afford the best legal advice, the poor would be provided with the best legal advice and the middle classes would receive little aid and with their more modest financial resources, were able to afford counsel, although not the best. 1.3.1.2 Reinterpretation – Gregg v Georgia[24] The decision of Furman v Georgia was however overturned in Gregg v Georgia[25] in which Justice Brennan maintained his stance and dissented. The judgement was however split eight to three, and of those who lent a hand to re-impose the death penalty it was stated that the Georgian law on the matter did not impose a cruel or unusual form of punishment as the death penalty in general constituted a form of retribution that would not be against the morals of the American people and that arguments against its effects as a significant deterrent were deemed to be inconclusive and therefore, unreliable. With regard to retribution, Justice Stewart quoted from his own concurring opinion in Furman v Georgia, in which he stated that: â€Å"The instinct for retribution is part of the nature of man, and channelling that instinct in the administration of criminal justice serves an important purpose in promoting the stability of a society governed by law. When people begin to believe that organized society is unwilling or unable to impose upon criminal offenders the punishment they deserve, then there are sown the seeds of anarchy of self-help, vigilante justice, and lynch law[26]† As retaliation to the above notion of anarchy, Justice Stewart quoted from the dissenting answer by Justice Powell, who said that in relation to anarchy: â€Å"Retribution is no longer the dominant objective of the criminal law,[27]† but neither is it a forbidden objective, nor one inconsistent with our respect for the dignity of men[28]† With regard to the accusation of breach of the Fourteenth Amendment, the Georgian statute was deemed to have been precise enough to prevent the capricious and arbitrary application of the death penalty on account of there being specific guidelines for the jury on the matter of deciding the case. On the basis of this argument is was therefore held that there was adequate ‘due process’ that would prevent the death sentence from falling foul of the Fourteenth Amendment. On this matter, Justice Stewart stated that the Georgian Statute: â€Å"†¦focus(es) the jurys attention on the particularized nature of the crime and the particularized characteristics of the individual defendant. While the jury is permitted to consider any aggravating or mitigating circumstances, it must find and identify at least one statutory aggravating factor before it may impose a penalty of death. In this way, the jurys discretion is channelled. No longer can a jury wantonly and freakishly impose the death sentence; it is always circumscribed by the legislative guidelines†¦[29]† 1.3.2 Commentary of the Re-interpretation in Gregg v Georgia[30] GreenhalghÙ ­ states that there are two problems with this interpretation of Amendments in Gregg v Georgia.[31] Firstly, the opinions of the concurring judges weakly distinguished the prohibition of cruel and unusual punishment in the Eighth Amendment with the death penalty on the basis of the mode of execution. Recently, Georgia has abolished use of the electric chair and now only the lethal injection is the acceptable mode of execution that may be carried out in this State[32]. However, the method of execution continues to be the wrong focus for the ascertainment of Criminal Justice and the Supreme Court fully failed to argue that the deprivation of life or punishment, where the result is actual death, was both cruel and unusual. The method of execution is therefore irrelevant and need not have been dissected as a point of distinction in law[33]. Secondly, Greenhalgh continues by stating that there was equally wrongful focus on the determination that due process under the Fourteenth Amendment was fulfilled on the basis of ten aggravating circumstances that were to correctly guide the jury. There was equally inadequate examination of the argument over ability to afford the better counsel for the defence[34], as well as complete disregard for the issue of race disparity on death row[35]. The correct path to have taken was that due process is never fulfilled where counsel for the defendant is faced with the task of saving a man’s life every time he acts within his duty in a capital offence trial. Further to this, due process is equally flawed where the prosecution is set the task of persuading the jury to condemn the defendant to death. The argument here therefore, is that, in non warlike scenarios, and where self defence does not enter the equation, no one should be required to engage in the facilitation of involuntary k illing as part of their career. There is also a second argument, namely that due process extends beyond the trial and continues throughout the sentence so that appeals may be lodged where new evidence comes to light. Senator Patrick Leahy of Vermont stated in 2001 that he was greatly concerned over the fact that, since 1976, 85 prisoners on death row were exonerated on the basis of new evidence and that a number of these had occurred only days before execution[36]. He asserts that the issue is not one of a mere state or two, but is nationwide, thereby making academic analysis of the US system an ideal national focus as opposed to mere State-to-State comparison. The Senator states: â€Å"The appalling number of exonerations, and the fact that they span so many States—a substantial majority of the States that have the death penalty—makes it clearer than ever that the crisis I spoke of last year is real, and that it is national in its scope. This is not an â€Å"Illinois problem† or a â€Å"Texas problem.[37]† Clearly, for those that are exonerated after death, there is utter futility and pointlessness with the exception of empty and shell like, posthumous dignity. In order to combat this, the Innocence Protection Act was passed in 2001 with the aim of: â€Å"†¦reducing the risk that innocent persons may be executed. Most urgently, the bill would afford greater access to DNA testing by convicted offenders, and help States improve the quality of legal representation in capital cases.[38]† This is once again an attempt to gloss over the deprivation of due process that is taken at the point of death and is clearly a savage desire to retain the death penalty to the expensive extent to installing legislation for the purpose of ensuring as fair a trial as possible. 1.3.3 Comparison with the ECHR – The requirement to abolish the Human Rights Act 1998 Like the wording of Article 2 of the ECHR, the scope of meaning for the vocabulary of both the Eighth and Fourteenth Amendments is utterly imprecise. This therefore allows for the common but unannounced practice of reverse judgement whereby a decision is reached prior to the submission of counsel for both the prosecution and the defence and ratio are devised in order to justify he finding in law. However, unlike the ECHR, there is no express prohibition of the death penalty, as located under protocols 6 and 13 to the Convention, which means that the whole question of abolishment lies in the exclusive hands of the Supreme Court of the United States. Therefore, as a matter of jurisdiction, the Supreme Court is set the task of independently interpreting the Constitution, whereas the EU has made it perfectly clear that this issue is far too profound to be considered judicially. 1.3.4 Is the UK’s only recourse to repeal the Human Rights Act? The result for the UK is therefore clear and repeal of the Human Rights Act 1998 would be wholly necessary in order to re-introduce the death penalty. This is explained in more detail under part 1.4 in relation to the full spectrum of legal requirements and consequences of re-introducing the death penalty in the UK. 1.4 The legal Consequences for Britain as an EU Member State and the Current Turkey Situation 1.4.1 The Legal Consequences for Britain The standpoint of the EU on the concept of the death penalty is outwardly precise and any attempt of the UK to introduce this form of sentencing would cause a direct breach of protocol 13, thereby going against the policy under the s 3 (1) of the Act, which states that all legislation is to be read as being in accordance with the provisions of the ECHR. The enactment of incompatible legislation would fall foul of investigation by

Effects of Reintroduction of Capital Punishment in the UK

Effects of Reintroduction of Capital Punishment in the UK The legal and political effects of re-introducing capital punishment into the British Criminal Justice System. Acknowledgement I would like to thank Ms Rebecca Greenhalgh of the charity group Amicus, who provided endless assistance with source materials and statistics reflecting the psychological effects of being on ‘death row’. Amicus is a charity based organisation that assists the lawyers of families of death row prisoners and also provides help with coping with the stress that goes hand in hand with the anticipation of execution. Help is also provided in order to assist with prison visits and other initiatives for the benefit of raising awareness of the unconstitutional status of Capital Punishment in the USA. Appetiser â€Å"I remember the pounding fists of the wooden railings that kept the mob out of the sand covered courtyard. I can still smell the burning embers of Ellion’s pages as they rose above the various bonfires that lined the outskirts of the crowd. These were the ashes of testimonies given by Ellion during the trial but I mourned no loss, for as long as Ellion was alive, his words, teachings and truths would never be lost. I took the final steps of my life knowing above all else that my path was great. I chose to dwell on only one sight and it was not the mob and their deafening cries as they yelled the word HERETIC alongside the din of the executioner’s drums. Nor do I remember the sight of the wielded axe and the faceless man who held it high above my head, ready to strike away at the last of my breath. I remember, but one thing, I remember as I looked up at the distant Minoton in flight, I witnessed it soar up into the skies that at last, to me, boar the eeriness that I could comprehend. I now knew that it was the eeriness that comes with the discovery that these were not the skies that had known of our forefathers. The last words I ever spoke resounded in the ears of the peoples of Giddo Kaata for all time. â€Å"For Peace and Knowledge.† With that the drums halted and the crowd was silent. I closed my eyes as I knelt and felt a slight breeze, then pain and, as I opened my eyes again, I found myself in a vast world of perpetual darkness, and I feared nothing. Live long Ellion, the man for whom I die. Live long, and recite your chronicle.† Extract from ‘The Heretic’ by Nicola Louise Tysoe (unpublished, copyright Nicola L Tysoe) Contents Page (Jump to) Introduction Part 1: The legal effects of the re-introduction of capital punishment into the  British Criminal Justice System 1.1 History 1.2 Effects of the Human Rights Act 1998 and the ECHR 1.3 Comparison with USA, the need to repeal the Human Rights Act 1998 1.4 The Legal Consequences for Britain as an EU Member State and a brief mention of the recent Turkey situation 1.5 The legal effects of International Law Treaties Part 2: The Political Effects of the Re-introduction of Capital Punishment into the British Criminal Justice System 2.1 Internal Politics 2.2 The European Policy with Turkey as an example 2.3 The Alterations of the International Political Alliances with the UK 2.4 Resultant Weakness of the UK’s participation in international politics 2.5 A USA/UK Alliance Introduction The death penalty was abolished in 1965 as a result of the Sidney Silverman (MP) private member’s bill. The debate on the concept of re-introduction did however take place although with increasing failure and with the current governance of the Human Rights Act 1998, the question is now posed, what would be the legal and political effects of the British re-introduction of the death penalty? In order to answer this question it is important to give a brief overview of the history of death penalty reform in order to become aware of the core issues that motivated changes in the law that profoundly stretched over a period of time that included the Napoleonic wars, the industrial revolution, the rise of an educated, middle class, two world wars and their aftermath of social enlightenment. The importance of this exercise will be to also reveal the type of social and political climate that would form the necessary pre-requisite for inspiration to finally abolish the death penalty. Further to this, the effect of the ECHR and the Human Rights Act 1998 will be assessed and comparison with the wording of the US Constitution will provide the subject of analysis for contrasts between pro and con death penalty policies as well as illustrate how capital punishment is allowed in a country that has a Bill of Rights. In light of the UK’s commitments to the ECHR, the legal consequen ces of re-introduction of the death penalty will be revealed in part one, with a complimentary description in Part 2 of the political steps that the UK would have to take in order to realise this hypothetical goal. Part One will end by giving a description of the contrasting commitments under international law treaties. As already explained, part two will discuss the political consequences for the British re-introduction of the death penalty. This means that, as well as stating the steps required for realisation of a death penalty policy, there will be a detailed analysis of UK internal politics, as well as the Country’s relationship with the political, international community and current weaknesses. The purpose of this exercise will be twofold. In the first place, it will be necessary to fully understand the position of the UK in global politics and, in the second place, this understanding will, give way to a more accurate representation of the political, international impact of re-introduction of Capital Punishment to the UK. Part One: The Legal Effects of the Re-introduction of Capital Punishment 1.1 History 1.1.2 The early days – reducing the scope of the offence The first death penalty reforms were introduced by Samuel Romilly in 1808, who sought to remove this form of punishment from over two-hundred various crimes. These crimes were referred to as England’s â€Å"Bloody Code† and included such offences as remaining in the company of gypsies for a minimum of one month[1], the vagrancy of soldiers and sailors[2] and ‘strong evidence of malice’ in children ranging between the ages of seven and fourteen years. Following this early era of reform the early 1830s saw the removal of the penalty for petty crimes such as shop lifting, sacrilege and the theft of mail. The emphasis at this time was a clear campaign to remove the disproportionate trends of the criminal justice system. The result of these reforms did however reveal a higher instance of convictions but it is widely held that poverty and starvation were an additional contributing factor to the occurrence of these lesser crimes[3]. The reforms continued through to 1843 with the removal of gibbeting, which entailed the public display of the executed dead in cages and, finally, by 1861 the death penalty remained for only four separate and serious offences, which were murder, arson in royal dockyards, piracy with violence and, treason[4], of which the latter two crimes continued to carry the death sentence until the enactment of the Crime and Disorder Act 1998. 1.1.3 Limiting the mode of execution As well as limiting the number of crimes that fell within the scope for the death penalty, the methods of execution were also reduced. In 1868, public hanging was outlawed[5] and the punishment of being hung, drawn and quartered was condemned to the history books in 1870[6]. By the start of the 20th century the compulsory form of death for murder was hanging. 1.1.4 A picture of the early 20th century dilema There did however exist the discretion of the jury to aid the ‘recommendation to mercy’ but this was fully reversible by the Home Secretary[7]. Further to this, appeals in the Court of Appeal were to be heard only once and only for the points of law that had amounted to the prima facie case for conviction. House of Lords appeals were strictly allowable at the exclusive discretion of the Attorney General who was to decide whether the particular case involved significant points of law that merited further examination[8]. The result of any successful appeal was the reduction of sentencing to that of life imprisonment but the Home Secretary did later obtain the power to obtain the opinion of a medical panel to determine the mental capacity of the condemned offender[9]. 1.1.5 After the world wars The issue of controversy over the death penalty did not once again grab full media and political attention until after the end of the second world war, when capital punishment became a focus of the British media[10]. The delay in reform was of course a direct result of the suspension of legislative reform that took place during the war, and was the ultimate reason for the shelving of the original 1938 Commons vote to abolish the death sentence over an experimental period of five years[11]. Following the war there were in fact a number of lobbies both for and against the death penalty as well as overall concerns over the innocence of many of those condemned to die. To date, since 1945, there have been three posthumous pardons for Mr Timothy Evans in 1966[12] and Mahmood Mattan and Derek Bently in 1998[13]. 1.1.6 The emergence of new but flawed limitations to Capital Punishment In 1948 the then Labour Government created the Royal Commission on the death penalty but it was not until the election of the Conservative Government when a true legislative compromise was introduced in the form of the Homicide Act 1957. This act was in fact a direct result of the gross miscarriages of justice that had taken place in the years since the war and acted to reduce the scope of the sentence to a mere six kinds of murder. The first was murder executed in the furtherance of theft, followed by murder as a result of shooting or causing an explosion. The third scenario was murder carried out within the course of resisting arrest or while attempting to escape. The fourth and fifth was the murder of a police officer or prison officer while in prison and finally, the sixth murder charge that carried the death penalty was when there were at least two murders on separate occasions. It is clear that the ethos behind this restriction was to reserve the most profound of sentence to the most acute and extreme manifestations of the crime of murder, thereby theoretically condemning to death those few criminals who were deemed to deserve to die[14]. There were however three problems associated with this so-called compromise. In the first place, while this rationale was a step up from the carte blanche capital punishment of all murderers it is clear from analysis of the selected forms of death bearing murders that there was no justifiable reason for such a profound distinction between murder by stabbing and murder by gunshot wound. Secondly, the ultimate flaw here was that the distinctions were wholly based on the actus reus of the crime and not on the mens rea with the result that, in order to avoid the death penalty, perpetrators would become aware of the law and choose their method wisely. Thirdly the provisions of the Homicide Act 1957 did absolutely nothing to curb the suspicions of miscarriages of justice that remained for such cases as that of James Hanratty, who was executed in April of 1962 for shooting Michael Gregsten[15]. Finally, the last executions in Britain, which were of Peter Anthony Allen and Gwynne Owen Evans took place in August 1964 who together murdered John West while robbing his home earlier in the same year. 1.1.7 The abolishment of Capital Punishment in the UK In 1965 Sidney Silverman produced his private members bill that proposed a five year trial for the abolishment of the death penalty, which was indoctrinated in the Murder (Abolition of the Death Penalty) Act 1965. A further vote in 1969 in the House of Commons sealed the fate of the death penalty in Britain as it slipped into the history books and was abolished for good. This status followed in 1973 in Northern Ireland and neither portion of the British Isles have looked back since. 1.1.8 Since Abolishment While there have been more that ten attempts to reintroduce the death penalty in the UK, the last pre-Human Rights Act, Commons vote for hanging as a result of shooting a police officer on duty resulted in a 197 majority in favour of continued abolition. In addition to clear political favour against hanging, there are a number of high profile cases that, since the abolishment of the death penalty, would have resulted in death by hanging but were later revealed to have been gross miscarriages of justice of which the Birmingham Six is one of the most notable examples. Until the enactment of the Crime and Disorder Act 1998, the death penalty remained in force for treason and piracy with violence although at no point in the time since the abolishment for murder were these sentences ever carried out. Finally, sovereignty over the matter of the death penalty was officially removed in 1999 when Jack Straw signed the Sixth Protocol of the European Convention of Human Rights and in 2002, the Thirteenth Protocol was also signed. The full effects of this are set out below in part 1.2. 1.2 Effects of the Human Rights Act 1998 and the ECHR 1.2.1 Relevant Provisions of the ECHR, Identifying the relationship between the original convention and further human rights provisions. 1.2.1.1 The general applicable provisions The preamble of the ECHR (European Convention on the Protection of Human Rights and Fundamental Freedoms) states that signatories: reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other hand by a common understanding and observance of the human rights upon which they depend; being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration†¦ The concept of a foundation for justice and peace, as is stated above and was written in 1950, did not at first encompass abolishment of the death penalty but this changed with the enactment of the sixth protocol, which directly concerns the abolishment of the death penalty as an extrapolation of the more general provision under Article 2 of the Convention and stipulates the basic right to life. Article 2(1) states: â€Å"1. Everyones right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.† It is this breadth of wording that facilitates both wide interpretation and, in relation to the right to life in particular, a wide scope for discretion to exclude or include issues based solely on the political climate of the day. Indeed, at the time of the assignation to the ECHR in 1951, the campaign for the abolishment of the death penalty did not gather huge momentum in light of this provision. 1.2.1.2 The Addition of formal, specific ratifications on the abolishment of the death penalty. Jack Straw MP signed the 6th protocol of 1983 on January 29, 1999, in which Article 1 states that: â€Å"The death penalty shall be abolished. No one shall be condemned to such penalty or executed.† While the provision is extremely clear cut on this basis, there was an exception provided for under Article 2 of Protocol 6, which provided that: â€Å"A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.† The exception to the death penalty abolishment to times of war was repealed following ratification of Protocol 13 in 2002, which came into force on 1 July, 2003.[16] This therefore made it also contrary to the European Convention to legislate for lawful capital punishment during times of war. 1.2.1.3 The overall impact of ratification of specific death penalty provisions Prior to enactment of the Human Rights Act 1998, ratification of the ECHR alone meant that recourse could only be had to it when raised at the European Court of Human Rights in Strasbourg. In relation to Articles 8 on the right to privacy and Article 14 on the prohibition of discrimination, there is a myriad of case law on this point, some of which was successful such as P v S Cornwall County Council[17] on the coverage of gender reassignment as falling within the scope of Article. However some cases did fall prey to the overtly wide provisions of the ECHR and failed. An example is that of Grant v Southwest Trains Ltd[18] in which it was held that the definition of ‘sex’ under the provision of Article 14 did not encompass sexual orientation. With regard to the 6th and 13th Protocols, there exists no such danger of judicial discretion in the exercise of provision interpretation for the simple reason that the wording of these annexes are sufficiently precise to ensure that all signatories to these protocols will harbour citizens who may consciously rely on the provisions under EU jurisdiction. It will however be shown in part two that, despite this misgiving, there is a further political tool for the inclusion of abolition of the death penalty at European level, which is that indoctrination facilitates the use of this policy as a condition of EU Membership. It is in precisely this area that Turkey is having severe setbacks on their journey to EU Membership, and this is set out below under Part 1.4. 1.3 Comparison with the USA the need to repeal the human rights Act 1.3.1 Brief Background of the legal circumstances that permit the death penalty in the USA. 1.3.1.1 Judicial interpretation of the Eighth and Fourteenth Amendments – Furman v Georgia[19] The death penalty in the USA is constantly debated on account of there being heated disagreement over whether or not Capital punishment is caught by the Eighth Amendment, which states that: â€Å"Excessive Bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted[20]†. The Fourteenth Amendment (Section 1) is also relevant for the consideration of applicable Constitution provisions that regulate the rights that are affected by the imposition of the death penalty. This states that: â€Å"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities o citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.[21]† In 1972, the case of Furman v Georgia[22] it was held that the imposition of the death penalty did amount to ‘cruel and unusual punishment’ that contradicted the Eighth Amendment and was also a moral affront to the perceptions of justice by the American people. Justice Brennan remarked that: â€Å"Today death is a uniquely and unusually severe punishment. When examined by the principles applicable under the Cruel and Unusual Punishments Clause, death stands condemned as fatally offensive to human dignity. The punishment of death is therefore cruel and unusual, and the States may no longer inflict it as a punishment for crimes.[23]† In relation to the Fourteenth Amendment, it was successfully argued that the obvious disparity in the provision of adequate legal advice was a clear cause of depravity of due process. The crux of the argument on this matter surrounded the fact that the rich would be able to afford the best legal advice, the poor would be provided with the best legal advice and the middle classes would receive little aid and with their more modest financial resources, were able to afford counsel, although not the best. 1.3.1.2 Reinterpretation – Gregg v Georgia[24] The decision of Furman v Georgia was however overturned in Gregg v Georgia[25] in which Justice Brennan maintained his stance and dissented. The judgement was however split eight to three, and of those who lent a hand to re-impose the death penalty it was stated that the Georgian law on the matter did not impose a cruel or unusual form of punishment as the death penalty in general constituted a form of retribution that would not be against the morals of the American people and that arguments against its effects as a significant deterrent were deemed to be inconclusive and therefore, unreliable. With regard to retribution, Justice Stewart quoted from his own concurring opinion in Furman v Georgia, in which he stated that: â€Å"The instinct for retribution is part of the nature of man, and channelling that instinct in the administration of criminal justice serves an important purpose in promoting the stability of a society governed by law. When people begin to believe that organized society is unwilling or unable to impose upon criminal offenders the punishment they deserve, then there are sown the seeds of anarchy of self-help, vigilante justice, and lynch law[26]† As retaliation to the above notion of anarchy, Justice Stewart quoted from the dissenting answer by Justice Powell, who said that in relation to anarchy: â€Å"Retribution is no longer the dominant objective of the criminal law,[27]† but neither is it a forbidden objective, nor one inconsistent with our respect for the dignity of men[28]† With regard to the accusation of breach of the Fourteenth Amendment, the Georgian statute was deemed to have been precise enough to prevent the capricious and arbitrary application of the death penalty on account of there being specific guidelines for the jury on the matter of deciding the case. On the basis of this argument is was therefore held that there was adequate ‘due process’ that would prevent the death sentence from falling foul of the Fourteenth Amendment. On this matter, Justice Stewart stated that the Georgian Statute: â€Å"†¦focus(es) the jurys attention on the particularized nature of the crime and the particularized characteristics of the individual defendant. While the jury is permitted to consider any aggravating or mitigating circumstances, it must find and identify at least one statutory aggravating factor before it may impose a penalty of death. In this way, the jurys discretion is channelled. No longer can a jury wantonly and freakishly impose the death sentence; it is always circumscribed by the legislative guidelines†¦[29]† 1.3.2 Commentary of the Re-interpretation in Gregg v Georgia[30] GreenhalghÙ ­ states that there are two problems with this interpretation of Amendments in Gregg v Georgia.[31] Firstly, the opinions of the concurring judges weakly distinguished the prohibition of cruel and unusual punishment in the Eighth Amendment with the death penalty on the basis of the mode of execution. Recently, Georgia has abolished use of the electric chair and now only the lethal injection is the acceptable mode of execution that may be carried out in this State[32]. However, the method of execution continues to be the wrong focus for the ascertainment of Criminal Justice and the Supreme Court fully failed to argue that the deprivation of life or punishment, where the result is actual death, was both cruel and unusual. The method of execution is therefore irrelevant and need not have been dissected as a point of distinction in law[33]. Secondly, Greenhalgh continues by stating that there was equally wrongful focus on the determination that due process under the Fourteenth Amendment was fulfilled on the basis of ten aggravating circumstances that were to correctly guide the jury. There was equally inadequate examination of the argument over ability to afford the better counsel for the defence[34], as well as complete disregard for the issue of race disparity on death row[35]. The correct path to have taken was that due process is never fulfilled where counsel for the defendant is faced with the task of saving a man’s life every time he acts within his duty in a capital offence trial. Further to this, due process is equally flawed where the prosecution is set the task of persuading the jury to condemn the defendant to death. The argument here therefore, is that, in non warlike scenarios, and where self defence does not enter the equation, no one should be required to engage in the facilitation of involuntary k illing as part of their career. There is also a second argument, namely that due process extends beyond the trial and continues throughout the sentence so that appeals may be lodged where new evidence comes to light. Senator Patrick Leahy of Vermont stated in 2001 that he was greatly concerned over the fact that, since 1976, 85 prisoners on death row were exonerated on the basis of new evidence and that a number of these had occurred only days before execution[36]. He asserts that the issue is not one of a mere state or two, but is nationwide, thereby making academic analysis of the US system an ideal national focus as opposed to mere State-to-State comparison. The Senator states: â€Å"The appalling number of exonerations, and the fact that they span so many States—a substantial majority of the States that have the death penalty—makes it clearer than ever that the crisis I spoke of last year is real, and that it is national in its scope. This is not an â€Å"Illinois problem† or a â€Å"Texas problem.[37]† Clearly, for those that are exonerated after death, there is utter futility and pointlessness with the exception of empty and shell like, posthumous dignity. In order to combat this, the Innocence Protection Act was passed in 2001 with the aim of: â€Å"†¦reducing the risk that innocent persons may be executed. Most urgently, the bill would afford greater access to DNA testing by convicted offenders, and help States improve the quality of legal representation in capital cases.[38]† This is once again an attempt to gloss over the deprivation of due process that is taken at the point of death and is clearly a savage desire to retain the death penalty to the expensive extent to installing legislation for the purpose of ensuring as fair a trial as possible. 1.3.3 Comparison with the ECHR – The requirement to abolish the Human Rights Act 1998 Like the wording of Article 2 of the ECHR, the scope of meaning for the vocabulary of both the Eighth and Fourteenth Amendments is utterly imprecise. This therefore allows for the common but unannounced practice of reverse judgement whereby a decision is reached prior to the submission of counsel for both the prosecution and the defence and ratio are devised in order to justify he finding in law. However, unlike the ECHR, there is no express prohibition of the death penalty, as located under protocols 6 and 13 to the Convention, which means that the whole question of abolishment lies in the exclusive hands of the Supreme Court of the United States. Therefore, as a matter of jurisdiction, the Supreme Court is set the task of independently interpreting the Constitution, whereas the EU has made it perfectly clear that this issue is far too profound to be considered judicially. 1.3.4 Is the UK’s only recourse to repeal the Human Rights Act? The result for the UK is therefore clear and repeal of the Human Rights Act 1998 would be wholly necessary in order to re-introduce the death penalty. This is explained in more detail under part 1.4 in relation to the full spectrum of legal requirements and consequences of re-introducing the death penalty in the UK. 1.4 The legal Consequences for Britain as an EU Member State and the Current Turkey Situation 1.4.1 The Legal Consequences for Britain The standpoint of the EU on the concept of the death penalty is outwardly precise and any attempt of the UK to introduce this form of sentencing would cause a direct breach of protocol 13, thereby going against the policy under the s 3 (1) of the Act, which states that all legislation is to be read as being in accordance with the provisions of the ECHR. The enactment of incompatible legislation would fall foul of investigation by

Neolithic Pottery :: essays research papers

Neolithic is of or relating to the cultural periods of the Stone Age beginning around 10,000 B.C. in the Middle East and later elsewhere, characterized by the development of agriculture and the making of polished stone artifacts. The Neolithic Period is also called the New Stone Age. Many water pots and ceramic figures were found in the ruins of Neolithic society plots of earth. People of Neolithic times made many artifacts that were symbolic of their ways of life and culture such as water pots, fish, hunting and medical objects. Out of the artifacts found from the Neolithic period, the fish is symbolic to me because of the times spent with my father during fishing trips.   Ã‚  Ã‚  Ã‚  Ã‚  The Neolithic Period extended from 10,000 B.C. to 3,000 B.C. It is also called the New Stone Age, and many new Advances and changes took place in this time. Unlike the nomadic life of the Old Stone Age, the New Stone Age was the dawning of settled life. People lived more towards lakes and river instead of caves and tree trunks. The change in environment led to the change of jobs, society, and culture. Neolithic everyday objects reveal that fishing and hunting were the main occupations of the people. Neolithic art is represented by a large number of objects found in isolated areas in Eastern Europe, Siberia and Central Asia. Neolithic people decorated clay water vessels in a wide variety of ways that were very large and colorful. They also created bone, horn and wooden figurines of people and animals. The Earliest Neolithic pottery found in Siberia and Central Asia is similar to pottery found in northern Britain, suggesting that early Neolithic colonist may have co me to Ireland from northern Britain. The pottery bowls were made by winding coils of clay in a circle to form the sides of the bowl, smoothing them, and finally firing them on an open fire. After the making of these vessels were mastered, pottery was decorated with dots or lines in the surface of the clay.   Ã‚  Ã‚  Ã‚  Ã‚  Neolithic people lived near rivers and lakes. The artifacts and life in the water became and important part of their lives by supporting them with food, cleansing and ceremonial artifacts such as fish and shells. Fishing was an important job, and way of life because the abundance of fish fed entire villages. The fish were appreciated so much to the Neolithic people that they began making clay fish, as a symbol for their way of life.

A Case Study of Disruptive Behavior in the Classroom Essay

Both parents worked long hours, Tammy’s father is a pie and cookie chef at the locate bread factory, he leaves for work at 5:00 a. m. and gets home by 3:00 in the evening. Her mother works at the mall as a sales manager at one of the clothing stores. Tammy’s mom sees all the children off to school before she has to be at work, she works 10:00 a. m. until 9:00 p. m. at night. She is usually home to say good-night to the children. There are five children in the family: Richard is 6 years old and in the first grade, Barbara is 9 years old and in the fourth grade, Allen is16 years old and a 10th grader, Diana is a 14 year  old 8th grader who has a learning-disability. A disorder in the basic psychological processes involving understanding or the use of language, which the disorder may reveal itself in an imperfect ability to listen, think, speak, read, write, spell, or do Mathematics, (Heward, 2009, p 173) caused by a brain injury when she was 3 years old. Diana has always been in the special needs classroom. This is the first year of school in which Diana will be mainstream within a general classroom of 8th graders in the middle school. Researchers have consistently found a higher-than-usual  incidence of behavioral problems among students with learning disabilities, (Cullinan, 2007). Tammy is Diana’s 12 year old, younger sister and will be in the 7th grade at the middle school, too. Tammy has begin to realize and notice that her older sister is different from her and most of the other students at there school. Tammy fights with any student who tease Diana. Three weeks ago the girls’ mom was called in for a meeting with teachers and school counselors concerning Tammy’s behavior. Tammy has always been a good student, easy to get along with and respectful toward the teachers and school property. School started two months ago and Tammy has been misbehaving for the pass six weeks. In her classes, especially in A Case Study of Disruptive Behavior in The Classroom 3 homeroom, she verbally fights with the other students, she throws paper clips and other items in the room, sometimes at students and other times at the wall. Tammy has become withdrawn at school, she eats lunch with her sister and see her back to her next classroom. Tammy has been getting to most of her classes after the bell rings and want give a reason for it, instead she has become sullen and angry with her teachers. Tammy’s homeroom and P. E. teachers have called her a side and talked with her, this has not made a change in her attitude or behavior. Frustrated with Tammy’s disruptive behaviors, her teachers met after school to decide what to do about Tammy and other students’ behaviors in their classrooms, it has been decided that these students will have a one-on-one meeting with one of their teachers to review and add, if needed to their homeroom rules and procedures. One of Tammy’s teacher has no homeroom, she is free for the hour to discuss the classroom procedures and rules with Tammy during homeroom. These are the disruptive behaviors that Tammy’s teachers wish to correct: deliberate acting -out in classes; verbally fighting with peers and throwing items in the classroom; coming to class late, without a reason and she is not participating or working in class; she is withdrawn, sullen, and defiant; disrespectful when talking to her teachers and peers. The teacher realize that she and her coworkers have not been effectively teaching the students. She sets out to learn how to effectively teach and provide an interesting, stimulating, smoothly functioning, well-managed, and safe and secure learning environment for all students  at the middle school. The curriculum and lesson plans can be too challenging for some student, the student(s) can become disinterested, which can lead to disruptive behavior. There are a variety of learning styles, also family and environments problems, mental and physical challenges can be cause of disruptive behaviors in students, (Heward, 2009). Disruptive behaviors interferes with students’ personal, social, and educational development. A Case Study of Disruptive Behavior in The Classroom 4 These disruptive classroom behaviors leads to disciplinary consequences, which leads to thedevelopment of acceptable   classroom rules and procedures. The number one factor governing the students ability to learn is how well the teacher manages the classroom. A well managed classroom is task oriented and predictable, which includes effective teaching, which starts with teaching students to follow classroom rules and procedures the first weeks of school, (Gibbs, 2011). Each homeroom class at the middle school has developed classroom rules and procedures, which Tammy helped her homeroom class to developed. Because her behavior is disruptive in  most of classes, the teachers in each of Tammy classes have decided Canter’s three step behavior management cycle is needed and will be used to help Tammy correct and develop responsibility for her behaviors. Canter, (1992) three step â€Å"Behavior Management Cycle,† is a theory that outline how to deal with children discipline. I. Verbally behavior: effectively communicate the explicit directions you expect students to follow. II. Physical movement: use behavior narrative to support students following your direction, (students following classroom rules and procedures are to be praise). III. Participation: take corrective action with students who are still not following the classroom’s rules and procedures. All consequences need not be negative or harsh, such as the case with Tammy. When dealing with young adults its’ good to establish a rapport, its’ the most important ingredient, which causes a teenage student’s reluctance to be controlled into a willingness to be guided. Tammy is called outside her homeroom class by her teacher, once in the hall and out of hearing distance or the path-way of her peers, her teacher orally points out the rules. The rules Tammy and her peers  developed to eliminate classroom disruptive behaviors, along with corrective action or the A Case Study of Disruptive Behavior in The Classroom 5 consequences for students who do not comply with the rules and procedures. Tammy is re-mined of her verbal abuse toward her teachers and peers; she is asked, why do you throw paper clips and other items in the classroom; why do you no longer participate in class discussion or turn in completed homework assignment. Also, why are you late to class lately and why are you sullen and often withdrawn? Your attitude, your negative and harmful behavior toward others must change. You are old enough to no throwing things in the classroom can be harmful to others and you should not do it. You are talking out in the class and fighting with your peers. All these behaviors go against the rules of the classrooms. You use to make it to your class in five minutes like all the others. Your assignments were always completed in class and were correctly and neatly done. You was a smiling cheerful student and pleasant to everyone. All your teachers have notice changes in your behaviors. You are expected to change your attitude and behaviors; there should be no more disrespectful  talk to your teachers or peers, there will be no fighting in the halls or bathrooms, you will get to classes on time and follow the direction to complete your class assignments. Your parents have been mailed a letter, if necessary a meeting with a counselor and your parents will follow. Tammy is a preteen in middle school with an older sister, who should be in high school, but she has a learning disability. Diana is a special needs student who is being mainstream into general classes. This has caused Tammy to notice her sister’s learning disability behavior and  the way other students tease her for the fist time. Tammy feels she should protect her sister and fights with those students that tease Diana. Tammy refuse to listen to Diana, when she tells her the teasing is o k and she do not listen to it. After Tammy’s talk with her teacher, Tammy’s disruptive behaviors stopped. Her teacher also, set up a meeting with Tammy, Diana, their parents and the a school counselor for families. The A Case Study of Disruptive Behavior in The Classroom 6 motivation behind Tammy’s disruptive behaviors was discover and handle. Rational and  irrational behaviors can be explained after what motivate a person to act is understood. , (Aveyard-Barry, 2013). Tammy has become a pleasant student. She no longer walk Diana to her classroom, but get to her own on time. Tammy do not feels she has to take care of her sister and is no longer resentful and angry. She is a happy 12 year old, middle school student. Tammy enjoy school and being with her peers. The school counselor place Diana in a homeroom with several girls on the after school sports teams of basketball, volleyball, and tennis. They encouraged Diana to join a team and has taken  it upon themselves to practice extra with her. They invited Diana to sit with them and some other students at lunch. *(I substitute for most classes, but wish to teach secondary school Mathematics and hope I could apply this behavior management to high school students. ) A Case Study of Disruptive Behavior in The Classroom 7 References Aveyard-Barry, M. , (2013), What Are the Causes of Behavior in a Classroom? www. ehow. com/print/info_7929261_causes-behavior-classroom . . . Canter, L. , Canter, M. ,(1976), Assertive Discipline: A Take-Charge Approach for Today’s Educator, p 72, 73.  Gibbs, N. , (2011), Workable Classroom and Procedures, Building Classroom Discipline, tenth edition, Ch. 6, p 106-111, http//gcumedia. com/digetal-resources/pearson/2011/building-classroom-discipline_ebook_10e. php. Heward, W. , (2009), Ohio State University, Exceptional Children: An Introduction to Special Education, ninth edition, p 173, 185. What Are The Steps of Canter’s Behavior Management Cycle? ,wiki. answers. com/Q/What . . . Canter’s_Behavior_Management_Cycle. Sarvesh, Motivation And Behavior, www. motivation. com. in/motivation-and-behavior. html.

Discuss the powers and constraints on the power of the Prime Minister

The British Prime Minister (PM) is holder of great power(s). ‘The PM is the most powerful figure, indeed the most powerful figure in the British system of government’[1]. He or She leads a group of political figures some of whom have a party or national standing in their own right. At the beginning of the 20th century the PM was described as primus inter pares- first among equals. The PM has can exercise powers which are denied to other members of the cabinet for example the power of patronage. He/she has formal powers inherited by the monarch such as the ability to go to war and more informal powers such as the media. The PM also has constitutional powers for example being able to decide the election date. This essay shall outline some of the powers at the disposal of the PM as well as some of the constraints that can limit the PMs freedom of action. Firstly, ‘The Prime Minister’s role is peculiarly British in two ways. The first is that as the Head of Government, he must control the House of Commons to remain in office[2]. The fact that the PM is head of government gives him/her considerable power. The PM owes his or her position to the party and must not forget such a connection. He or she will use the powers of leadership to keep the party united, working out compromise solutions as necessary. As leader of the majority party the PM retains support of the parliament. As long as the majority is a workable one, the PM and his or her cabinet colleagues are in a position to persuade the House to adopt party policies. In this sense a good relationship between the Pm and his or her party is crucial in allowing the freedom of choice for the PM. Secondly, the PM exercises power under the royal prerogative, powers which can be used but are traditionally powers of the crown. Powers relating to the legislature-e. g. ‘the summoning, proroguing and dissolution of parliament; the granting of royal assent to bills; legislating by Order in Council (e. g. in relation to civil service) or by letters patent; creating schemes for conferring benefits upon citizens where Parliament appropriates the necessary finance’[3]. Powers regarding the armed forces ‘Powers relating to the armed forces e. g. – the Sovereign is commander in chief of the armed forces of the Crown and the control, organisation and disposition of the armed forces are within the prerogative’[4]. Furthermore, ‘the power of appointment and dismissal, can be, and is, used by the Prime Minister to shape the general and specific direction of policy, as Margaret Thatcher demonstrated in September 1981 when she reinforced her Governments commitment to its economic policy by dismissing several so called wets[5]. Thirdly, the PM determines the date of the next general election. The PM alone decides when to ask the monarch when to dissolve parliament and therefore the time of the polling day. Normally this will be after four years in office. The PM will choose a time when victory looks most likely[6], his or her choice may be influenced by party performance in the polls, opinion polls and also by-elections, there are a number of various influences that cast the deciding factor into when election Day is. On the other hand, a constraint on the powers of the PM could be his/her cabinet colleagues. It clearly limits the freedom of action for any PM. No PM can survive long without the support of his or her cabinet colleagues. The fall of Margaret Thatcher in 1990 is often said to be largely the work of her cabinet, ‘the introduction of the Community Charge for local government sounded the death knell for Thatcherism’[7] And her presidential style of leadership were making her unpopular. In 1990 there was a challenge to her leadership. Michael Heseltine stood against thatcher in a challenge to her leadership but ‘despite being only four votes short of outright victory, she stepped down after advice from her Cabinet’[8]. fewer votes than she did but enough to damage her authority to such an extent that in a succession of face to face interviews her cabinet colleagues convinced her not to stand in the second round, thus leaving the way open for john major to be elected. Thatcher was therefore removed from office largely due to the work of her cabinet colleagues. John Major also had some difficulties in his second ministry with some of his cabinet particularly John Redwood and Michael Portillo, because of their underhand opposition to his policy. Brown enjoyed the advantage of being able to reshuffle his cabinet thoroughly when he took over as PM, hence ensuring the exclusion of his enemies and rivals. He made sure to include some of his ‘inner circle’ including Ed Balls sometimes named Mr Browns ‘representative on earth’ [9] A second constraint on the powers of the PM is the support of the media or lack of it. If a PM is to be popular and hence successful, he or she needs the support of a large section of the media; this usually itself can be dependent on the popularity of the PM. The Murdoch press is often credited, especially by the newspapers themselves as having more influence than they really have, a Guardian article affirms ‘ Rupert Murdoch's spell is broken. But not his baleful influence’[10]. Moreover when they transferred their support from Major to Blair in the mid-1990s/ it was certainly harmful to Major’s electoral success. However, if Major had still been popular in the country, it is unlikely that the sun and the times would have switches sides as they did. Brown initially enjoyed a favourable press, largely due to the novelty factor. ‘By the skilful and sustained use of propaganda, one can make a people see even heaven as hell or an extremely wretched life as paradise’ Adolf Hitler’s remarks about the media make the impression that the correct use of it can prove a powerful thing. But by contrast we have seen that when the media turns against the PM it can be a constraint on the power of the PM. Finally, the size of the majority in the commons can have a substantial effect on the PMs ability to push things through. Tony Blair enters Downing Street on a wave of goodwill after a landslide election victory, his Commons majority of 179 ending 18 years of Conservative rule[11]. Tony Blair was fortunate between 1997 and 2005 with two large majorities. This was an important factor in his success, and his ability and his government’s ability to get programs passed in parliament. However, it is arguable that because his majority was so huge, some dissidents on the backbench were more willing to cause trouble than they otherwise would have been. In 2993-5, there were a number of Labour backbench revolts which greatly reduced the government’s theoretical majority in the commons. So perhaps it is better to have a large, rather than enormous majority. But governments with small majorities such as Wilson and Callaghan in the period 1974-0 and then John Major in 1992-7 can suffer considerably in the event of a backbench revolt. Over Europe, Major had great problems within his own party and only managed to ratify the Maastricht Treaty with a majority of one vote because of a backbench revolt. This sort of difficulty undermines the PMs Authority more generally, in the media and among the voters as a whole. Blair found this out for himself in his third term, with a reduced majority, and his first defeat in 2005 on the terrorism bill. Brown of course inherited this slimmer majority from Blair and in March 2008 he faced back-bench rebellions over his counter terrorism bill. In conclusion, it has been argued that the PM has acted beyond the constitutional role which is primus inter pares (first among equals). The PM can exercise powers held by the crown or prerogative powers for example the ability to go to war. Also the PM decides the election date. But most importantly, he or she is leader of government and by definition the most powerful politician in the country. However, should the PM forget the connection established between the press, the people and his or her party the PM will find it hard to succeed as Margaret thatcher’s downfall highlighted.

Games and Gambles

Games and Gambles Games and Gambles Games and Gambles By Mark Nichol This post lists and defines words stemming from game and gamble, both of which derive from the Old English word gamen, meaning â€Å"amusement,† â€Å"fun,† and â€Å"joy.† A game is an activity for amusement or diversion, or a scheme or a tactic, and to make game of someone is to mock that person. In the first sense, the word may refer to an activity that has little or no equipment, such as tag, or to a game of chance or skill or a combination thereof- anything from a board game (one with a playing board with a design that facilitates playing the game, such as Monopoly) or a video game (also designed to regiment the procedure of playing the game) to an athletic or intellectual contest. (The second element of backgammon, the name for a particular board game, derives from gamen.) Game also refers to various aspects of competition, such as a manner or aspect of playing (as in referring in American football to a â€Å"passing game,† which denotes a playing strategy focused on passing the ball rather than running with it). In plural form, it pertains to an organized set of competitions, as in â€Å"the Olympic Games.† Game also applies, by extension, to an activity on the analogy of amusement or competition, or as a pursuit that, like most games, has more or less established rules, such as in â€Å"the game of love.† (Game also serves as a synonym for specialty, as in â€Å"Office politics is not my game,† with the connotation that one has no interest in or talent for the referenced activity.) Endgame refers to the latter stages of a chess game or, by extension, to the final stage of an action or process, generally with the connotation of a strategic goal. As an adjective, game means â€Å"motivated or prepared to participate† or â€Å"spirited† (gamely is an adverb that applies to engaging in an endeavor with one sensibility or the other), and gamelike pertains to something resembling or suggesting a game. â€Å"Ball game† refers to a sport in which a ball is used, though, by extension, it pertains to any contest or any situation in general, as in the phrase â€Å"a whole new ball game.† (A game ball, meanwhile, is a ball used in a game and awarded to someone as a prize for their contribution to victory in the competition.) Game play refers to an established procedure for playing a particular game. A game face is an expression of concentration and determination shown by a competitor, a game plan is a strategy (the verb form is game-plan), and a game show is a broadcast program in which contestants compete in a quiz or some other activity or series of activities. A game changer (or game-changer) is an element or factor that alters the status quo. A gamer is a person who plays games, though the term almost invariably refers to someone who plays computer or video games. Game is also the basis of a number of idiomatic phrases, which will be discussed in a future post. From the notion of hunting and fishing as an endeavor carried out for amusement rather than or in addition to sustenance, wild animals hunted for both purposes, and the flesh of such animals, are called game. Terms that include game and pertain to hunting or fishing include â€Å"game animal,† â€Å"game bird† or â€Å"game fowl,† and â€Å"game fish† (any species of various types of creatures that are hunted), as well as â€Å"game bag† (a sack for carrying carcasses of birds one has hunted). A game cock is a rooster trained to engage in cockfighting, and a game hen is a small species of fowl, while a gamekeeper is a person responsible for breeding and protecting game animals on a private estate or preserve. A game cart is a small horse-drawn cart, perhaps originally intended to carry game after a hunt. The adjective gamy (or gamey) can pertain to bravery or spirit, but it more usually applies to the smell of game animals or to an unpleasant smell in general, and it can mean â€Å"corrupt,† â€Å"salacious,† or â€Å"scandalous.† To gamble is to play a game or engage in an activity in a game of chance, to bet, or to take a chance. A gamble is an act of taking a risk, or something risky, or the act of playing a game of chance; gaming also applies in the last sense. One who gambles is a gambler, and the activity of doing so is called gambling. A gambling house, also known as a gaming house, is a place where gambling, legal or otherwise, takes place. (Such a location is also sometimes referred to as a gambling den or, from the notion of the addictive allure of gambling, a gambling hell.) A gaming room, meanwhile, is a room used for such purposes, and a gaming table is a piece of furniture, often customized to accommodate game equipment and game play, at which gamblers stand or sit to engage in gambling; a gambling device is a mechanism, such as slot machine, that facilitates gambling. Gambit (â€Å"tactical move† or â€Å"topic†) and gambol (â€Å"frolic†) are unrelated, as is the sense of game meaning â€Å"lame,† as in the phrase â€Å"a game leg.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Fly, Flew, (has) FlownFlied?15 Great Word Games20 Movies Based on Shakespeare Plays

Global Marketing Communication Decisions Essays

Global Marketing Communication Decisions Essays Global Marketing Communication Decisions Essay Global Marketing Communication Decisions Essay Sales promotion is any paid, short-term communication program that adds tangible value to a product or brand. Consumer sales promotions are targeted at ultimate consumers; trade sales promotions are used in business-to-business marketing. Sampling gives prospective customers a chance to try a product or service at no cost. A coupon is a certificate that entitles the bearer to a price reduction or other value-enhancing consideration when purchasing a product or service. Personal selling is face-to-face communication between a prospective buyer and a company representative. The Strategic/Consultative Selling Model that is widely used in the United States is also being utilized worldwide. The models five strategic steps call for developing a personal selling philosophy, a relationship strategy, a product strategy, a customer strategy, and a presentation strategy. The six steps in the presentation plan are: approach; presentation; demonstration; negotiation; close; and servicing the sale. Successful global selling may require adaptation of one or more steps in the presentation plan. An additional consideration in global selling is the composition of the sales force, which may include expatriates, host country natives, or sales agents. Several others forms of communication can be used in global marketing. These include direct marketing, a measurable system that uses one or more media to start or complete a sale. One-to-one marketing is an updated approach to direct marketing that calls for treating each customer in a distinct way based on his or her previous purchase history or past interactions with the company. : Direct mail, catalogs, infomercials, and teleshopping are some of the direct marketing tools that have been successfully used on a global basis. Global marketers frequently try to place their products in blockbuster movies that will reach global audiences. Sponsorships and product placement are also becoming vital communication tools that can be used on a global basis. OVERVIEW In 2005, China’s Lenovo Group acquired IBM’s personal computer business for $1. 25 billion. The acquisition vaulted China’s top computer company into third place among the world’s PC marketers, behind Dell and Hewlett-Packard. The crown jewel in the acquisition was the popular ThinkPad, a laptop that features an exceptionally well-designed keyboard. Chief executive Amelio and his marketing team decided to use the Olympics as a vehicle for building awareness about the corporate name and its products. Lenovo paid more than $60 million to become China’s first Olympic sponsor. Lenovo is also the computer provider for the 2008 Beijing Summer Olympics. Sales promotion, direct marketing, and specialized forms of marketing communication such as infomercials and the Internet are also growing in importance. Of course, personal selling remains an important promotional tool as well. Taken together, the marketing mix elements discussed in this chapter and Chapter 13 can be used to create highly effective integrated promotional campaigns that support global brands. SALES PROMOTION What is sales promotion? Sales promotion refers to any paid consumer or trade communication program of limited duration that adds tangible value to a product or brand. In a price promotion, tangible value may take the form of a price reduction, coupon, or mail-in refund. Nonprice promotions may take the form of free samples, premiums, buy one, get one free offers, sweepstakes, and contests. Consumer sales promotions may be designed to make consumers aware of a new product, to stimulate nonusers to sample an existing product, or to increase overall consumer demand. Trade sales promotions are designed to increase product availability in distribution channels. At many companies, expenditures for sales promotion activities have surpassed expenditures for media advertising. What are some of the advantages of using sales promotions? The increasing popularity of sales promotion as a marketing communication tool can be explained in terms of several strengths and advantages: Sales promotions provide a tangible incentive to buyers. Sales promotions reduce the perceived risk buyers may associate with purchasing. Sales promotion provides accountability; the manager in charge of the promotion can immediately track the results of the promotion. As with other aspects of marketing communication, a key issue is whether promotion efforts should be directed by headquarters or left to local country managers. Four factors have been identified that contribute to more headquarters involvement in the sales promotion effort: cost, complexity, global branding, and transnational trade: 1. As sales promotions command ever-larger budget allocations, headquarters naturally takes a greater interest. 2. The formulation, implementation, and follow-up of a promotion program may require skills that local managers lack. 3. The increasing importance of global brands justifies headquarters involvement to maintain consistency from country to country and ensure that successful local promotion programs are leveraged in other markets. 4. As mergers and acquisitions lead to increased concentration in the retail industry and as the industry globalizes, retailers will seek coordinated promotional programs from their suppliers. Local managers in the market know the specific local situation. A number of factors must be taken into account when determining the extent to which the promotion must be localized: In countries with low levels of economic development, low incomes limit the range of promotional tools available. Market maturity can be different from country to country. Local perceptions of a particular promotional tool or program can vary. Local regulations may rule out use of a particular promotion in certain countries. Trade structure in the retailing industry can affect the use of sales promotions. Sampling Sampling is a sales promotion technique that provides potential customers with the opportunity to try a product or service at no cost. Disadvantages associated with sampling: cost of sampling and difficulti es in assessing the contribution a sampling program makes. Many companies utilize event marketing and sponsorships to distribute samples at concerts, sports events, or special events. Compared with other forms of marketing communication, sampling is more likely to result in actual trial of the product. Couponing A coupon is a printed certificate that entitles the bearer to a price reduction or some other special consideration for purchasing a particular product or service. Nearly 90 percent of all coupons are distributed in a printed ride-along vehicle known as a free-standing insert (FSI). Sunday papers carry the vast majority of FSIs. On-pack coupons are attached to, or part of, the product package; they can frequently be redeemed immediately at check out. In-pack coupons are placed inside the package. Cross coupons are distributed with one product but redeemable for a different product. For example, a toothpaste coupon might be distributed with a toothbrush. Sales Promotion: Issues and Problems In the case of coupons, retailers must bundle the redeemed coupons together and ship them to a processing point. Many times, coupons are not validated at the point of purchase; fraudulent redemption costs marketers hundreds of millions of dollars each year. In some emerging markets, sales promotion efforts can raise eyebrows if companies appear to be exploiting regulatory loopholes and lack of consumer esistance to intrusion. Sales promotion in Europe is highly regulated. PERSONAL SELLING Personal selling is person-to-person communication between a company representative and a prospective buyer. The sellers communication effort is focused on informing and persuading the prospect, with the short-term goal of making a sale and with a longer-term goal of building a relationship with that buyer . Because selling provides a two-way communication channel, it is especially important in marketing industrial products that may be expensive and technologically complex. It is difficult to overstate the importance of a face-to-face, personal selling effort for industrial products in global markets. Personal selling is a popular marketing communication tool in countries with various restrictions on advertising. Personal selling is used frequently in countries where low wage rates allow large local sales forces to be hired. The challenge to companies that wish to pursue low-cost personal selling overseas is to establish and maintain acceptable quality among members of the sales team. The old saying, You get what you pay for has come to haunt more than one company that has undertaken global expansion. The issue is whether the country team should consist of in-country nationals or expatriates (also known as expats); that is, employees who are sent from their home countries to work abroad. Environmental issues and challenges that may have an impact include: Political risks. Unstable or corrupt governments can completely change the rules for the sales team. Regulatory hurdles. Governments sometimes set up quota systems or impose tariffs that affect entering foreign sales forces. Currency fluctuations. There have been many instances where a companys sales effort has been derailed not by ineffectiveness or lack of market opportunity, but by fluctuating currency values. Market unknowns. When a company enters a new region of the world, its selling strategy may unravel because of a lack of knowledge of market conditions, the accepted way of doing business, or the posit ioning of its in-country competitors. The Strategic/Consultative Selling Model First, a sales representative must develop a personal selling philosophy. This requires a commitment to the marketing concept and a willingness to adopt the role of problem solver or partner in helping customers. The second step is to develop a relationship strategy, which is a game plan for establishing and maintaining high-quality relationships with prospects and customers. This step connects sales personnel directly to the concept of relationship marketing, an approach that stresses the importance of developing long-term partnerships with customers. The third step is the development of a product strategy. This results in a plan that can assist the sales representative in selecting and positioning products that will satisfy customer needs. Next is the customer strategy, a plan that ensures that the sales professional will be maximally responsive to customer needs. The customer strategy step also includes building a prospect base, consisting of current customers as well as potential customers (or leads). A qualified lead is someone whose probability of wanting to buy the product is high. The final step, the actual face-to-face selling situation, requires a presentation strategy. The presentation plan that is at the heart of the presentation strategy is divided into six stages: approach, presentation, demonstration, negotiation, closing, and servicing the sale. Below are the six stages: The first step, approach, is the sales representatives initial contact with the customer or prospect. In the presentation step, the prospects needs are assessed and matched to the companys products. Next is the sales demonstration, during which the salesperson has the opportunity to tailor the communication effort to the customer and alternately tell and show how the product can meet the customers needs. During the presentation, the prospect may express concerns or objections about the product itself, the price, or some other aspect of the sale. Dealing with objections in an international setting is a learned art. A common theme in sales training is the concept of active listening; in global sales, verbal and nonverbal communication barriers of the type discussed in Chapter 4 present special challenges. Negotiation is required to ensure that both the customer and the salesperson come away from the presentation as winners. Having completed the negotiation step, the sales representative is able to move on to the close and thus asks for the order. The final step is the servicing the sale. A successful sale does not end when the order is written. Sales Force Nationality The composition of the sales force in terms of nationality includes expatriate salespersons, host country nationals, or third- sales personnel. The staffing decision is contingent on several factors, including managements orientation, the technological sophistication of the product, and the stage of economic development exhibited by the target country. A company with an ethnocentric orientation prefers expatriates and adopts a standardized approach. (See Table 14-3) [pic] Polycentric companies selling in developed countries use expatriates for hi-tech products; a host-country sales force is used for low-tech products. In less developed countries, host-country nationals should be used for hi- products and local agents for low-tech products. Wide diversity of sales force nationality is found in regiocentric companies. Except for high-tech products in developed countries, third-country nationals are used in all situations. There are advantages and disadvantages of each nationality type: Advantages: Expatriates possess a high level of product knowledge, a demonstrated commitment to service standards, training for promotion, and greater headquarters control. Disadvantages: Expatriates are very expensive, turnover is high, language and cross-cultural training are costly. An alternative is to build a sales force with host-country personnel: Advantages: economical, superior market knowledge, language skills, and superior knowledge of local culture, and implementation is quicker. Disadvantages: needs product training, may be held in low esteem, language skills may not be important, and it is difficult to ensure loyalty. A third option is to hire third country nationals. Advantages: cultural sensitivity, language skills, economical, allows regional sales coverage. Disadvantages: identity problems, blocked for promotions, income gaps, needs product and/or company training, loyalty not assured. Companies a ttempt to establish a hybrid sales force comprised of a balanced mix of expatriates and in-country nationals. The operative word is balanced, as there remains the potential for conflict between the two groups. This is the most expensive proposition since relocation of expats and extensive training of in-country nationals is required. But short term costs are deemed necessary to do business and conduct personal selling overseas. A fourth option is to use sales agents who work under contract. It makes sense to set up one or more agents to gain entry to a selected country or region. In a remote area where there is a lack of revenue, agents are retained on a permanent level (e. g. U. S. , Asian and European companies with an Africa- sales presence use agents). Agents are much less expensive than full-time employees and understand the market. If success is achieved, agents can be replaced by employee-based teams; if the market is not financially viable, it is less costly to withdraw from an agent-oriented territory. The challenge of control is greater since agents have other sources of income. A company that employs sales agents has to determine what to provide in terms of product and strategic training because a competitor may lure agents away. Companies need a monitoring system within agent territories. Other international personal selling approaches: Exclusive license arrangements: a firm pays commissions to an in-country company’s sales force to conduct personal selling. Management-only agreements: a corporation manages a foreign sales force in a mode similar to franchising. Joint ventures: Since many countries place restrictions on foreign ownership, partnerships allow a company to obtain a personal sales capability and a customer base. SPECIAL FORMS OF MARKETING COMMUNICATIONS: DIRECT MARKETING, SUPPORT MEDIA, EVENT SPONSORSHIP, AND PRODUCT PLACEMENT Direct marketing is any communication with a consumer or business recipient that is designed to generate a response in the form of an order, a request for further information, and/or a visit to a store or other place of business. Companies use direct mail, telemarketing, television, print, and other media to generate responses and build databases filled with purchase histories and other information about customers. By contrast, mass marketing communications are typically aimed at broad segments of consumers. One-to-one marketing calls for treating different customers differently based on their previous purchase history or past interactions with the company. Define the four steps in one-to-one marketing. Peppers and Rogers describe the four steps in one-to-one marketing as follows: 1. Identify customers and accumulate detailed information about them. 2. Differentiate customers and rank them in terms of their value to the company. 3. Interact with customers to develop more cost efficient forms of interaction 4. Customize the product or service offered to the customer. Rainer Hengst of Deutsche Post offers the following guidelines for U. S. -based direct marketers that wish to go global: The world is full of people who are not Americans. Treat them differently. Like politics, all marketing is local. Although there may be a EU, but there is no such thing as a European. Pick your target, focus on one country, and do your homework. Customers need to be able to return products locally. Direct Mail Direct mail uses the postal service as a vehicle for delivering a personally addressed offer to a prospect targeted by the marketer. Direct mail is popular with banks, insurance companies, and other financial services providers. The United States is home to a well-developed mailing list industry. The availability of good lists and the sheer size of the market are important factors in explaining why Americans receive more direct mail than anyone else. Compared with the United States, list availability in Europe and Japan is much more limited. Catalogs A catalog is a magazine-style publication that features photographs, illustrations, and extensive information about a company’s products. Catalogs have a long and illustrious history as a direct marketing tool in both Europe and the United States. U. S. -based catalog marketers include JC Penney, Lands End, L. L. Bean, The Sharper Image, and Victorias Secret. Historically, catalogers in the United States benefited from the ability to ship goods from one coast to the other, crossing multiple state boundaries with relatively few regulatory hurdles. Prior to the advent of the single market, catalog sales in Europe were hindered by the fact that mail order products passing through customs at national borders were subject to value-added taxes (VAT). Today, the single market means that mail order goods can move freely throughout the EU without incurring VAT charges. Since January 1993, VAT exemptions have been extended to goods bound to the European Free Trade Area countries (Norway, Iceland, Switzerland, and Liechtenstein). In Japan, the domestic catalog industry is well developed. Infomercials, Teleshopping, and Interactive Television An infomercial is a form of paid television programming in which a particular product is demonstrated, explained, and offered for sale to viewers who call a toll-free number shown on the screen. With teleshopping, home-shopping channels such as QVC and the Home Shopping Network (HSN) take the infomercial concept one step further; the round-the-clock programming is exclusively dedicated to product demonstration and selling. Industry observers expect the popularity of home shopping will increase during the next few years as interactive television (ITV or t-commerce) technology is introduced into more households. ITV allows television viewers to interact with the programming content that they are viewing. Support Media Support media include transit and billboard advertising. In most parts of the world, outdoor advertising is growing at a faster rate than the overall advertising market. As countries add mass transportation systems and build and improve their highway infrastructures, advertisers are utilizing more indoor and outdoor posters and billboards to reach the buying public. Sponsorship Sponsorship is an increasingly popular form of marketing communications whereby a company pays a fee to have its name associated with a particular event, team or athletic association, or sports facility. Sponsorship combines elements of public relations and sales promotion. Sponsorship can be used in countries where regulations limit the extent to which a company can use advertising or other forms of marketing communication. Product Placement: Motion Pictures, Television Shows, and Public Figures Why has product placement become such a big deal in motion pictures and television shows? Product placement is the arranging for a company’s products and brand names to appear in popular television programs, movies, and other types of performances. Marketers can also lend or donate products to celebrities or other public figures; the products get publicity when the celebrity appears in public using the product. For the premiere of Superman Returns in 2006, Atkinson arranged for 35 Audis to chauffer Kevin Spacey and other stars to the event. In the case of television placement, the blurring of advertising and programming content comes as companies increasingly question the effectiveness of traditional advertising. Sometimes called branded entertainment, the effective integration of products and brands with entertainment can be seen on the monster TV hit â€Å"American Idol. †