Jails are places where defendants are held while waiting for their trials or those who have not been able to bail out. They also hold the inmates who have been transferred from state to county jail on a bench warranty (Schmalleger, 2007). The correction system is meant to keep the families of the offender and the community as a whole safe. Holding them in jail ensures that the guilty ones are punished for their wrongdoings. The kinds of punishments depend on the kind of crime committed and they include death, probation or parole. This ensures that the individuals convicted are able to pay a price for their crimes. They are denied their independence and freewill to discourage them from committing crimes again (Schmalleger, 2007).
Prison subcultures
This means the culture of the society in prison and ideas of some prisoners to get away from the pains of being there. There are those who think it is imported there and is also referred to as convict code (Clear, 2016). It seems that prisoners tend to become accustomed to lack of freedom through forming the subcultures and behave according to them. This influences life in prison because the inmates adapts to life in prison without the things they are denied. They form their own beliefs, values, customs and attitudes. Each and every prison has their own subculture and also the prison staff has their own (Clear, 2016).
Primary concerns of prison staff
These include sustaining detention and control due to threat by gang members inside prison who might harm them or inmates. This is the reason why they also form their own staff culture as they fear violence by the inmates. It is clear that the number of inmates is greater than that of the staff members (Schmalleger, 2002). The prison staff should present a unified front in order for them to be alert and prepared on what to do when danger comes. They are expected by the society to sustain custody of the offenders completely to ensure security, safety and order. The prisoners should stay in prison until they correct their behavior and ensure that the society is safe (Schmalleger, 2002).
Categories of children recognized by the laws of most states
One of the categories is children who are accused of criminal conduct. The other category is children who have been abandoned or abused by their parents or they need to be assisted by the state (Clear, 2016).The other category is the juveniles who have committed a status offence. The other category is the needy children who have not been neglected but they need to be taken care of. The other category is the children who have lost both parents at a tender age. The other category is the children who have been displaced and separated from their parents (Clear, 2016).
Important U.S. Supreme Court decisions
One of the important decisions is that all the juveniles have the right to have an attorney during a criminal proceeding. The attorney is incorporated into the structure of the process. This decision has an effect on pre-trial rights (Schmalleger, 2002).The other decision affects the trial and it is that the child may be held at a detention home. This means that they can be in custody until the court process is finished without a bond. The judges in the juvenile court move the cases quickly making the pre-trials and hearings to be conducted quickly. The other decision affects the sentencing whereby after the arbitration the court disposes the case (Schmalleger, 2002).
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References
Schmalleger, F. (2007). Criminal justice today: An introductory text for the twenty-frist century. Upper Saddle River, N.J: Prentice Hall.
Clear, T. R., Reisig, M. D., Turpin-Petrosino, C., & Cole, G. F. (2016). American corrections in brief.
Schmalleger, F. (2002). Criminal justice: A brief introduction. Upper Saddle River, N.J: Prentice Hall.
Guantanamo bay is a military prison of the United States and it is located in the Guantanamo Bay base of the US navy. The prison was given the name Guantanamo due to the way prisoners are sentenced without any trials at all. The prison mainly deals with terror related criminals thus sentencing them without any trials. Most of the prisoners are mainly from the Middle East, with some coming from Afghanistan, Saudi Arabia, Yemen, Pakistan, and Algeria (Vesely, 15). The prisoners are mainly captured during war in different countries. These prisoners are mainly rebels of the ruling government or otherwise they are linked to terrorist groups in different parts of the world. Most of the prisoners in the prison were not actually captured by the US army in the field, but by the citizens of their countries, this is because the US offered $5000 for each prisoner.
The inmates are subjected to harsh treatment upon their arrival, they are tortured and forced to give more information about the groups that they had been working with. Due to the harsh treatment that the inmates face, most of them end up committing suicide in order to avoid passing through a lot of problems. Moreover, the detainees sometimes are forced to go without food for some days which is a punishment (Vesely, 15). The prisons are also kept in very bad conditions and one can easily fall sick due to the poor prison conditions that the prisoners are subjected to. The many punishment philosophy in Guantanamo bay is torture, thus most of the detainees tend to suffer due to the effects of being tortured. Furthermore, the prison does not observe the medical laws, thus a prisoner can only be given medical attention when he is about to die or else when his conditions seems to be worsening.
Compared to Eastern state penitentiary, Guantanamo is more of a hell since the detainees are usually tortured in order to provide information. Eastern state penitentiary was also more of a rehabilitation prison where the prisoners were only subjected to solitary confinement which is the same as self-torture. In eastern state penitentiary, prisoners were allowed to enjoy medical laws and they were also provided with food on a daily basis (Vesely, 16). This consequently means that Guantanamo bay is only meant to humiliate the detainees and make them to speak and give more information about what they actually know. Moreover, Guantanamo bay, is not a rehabilitation centre since the detainees are usually treated in a very inhumane way. Whatever is required of them is only to provide information that may be of use to the US military, thus the US military is not concerned with the type of life that the person will lead after being released, since the detainees are not usually sure of they will one day be released.
Eastern state penitentiary and Guantanamo bay also have similarities and this includes the less capacity to hold large numbers of detainees. Both prisons had a large number of inmates despite of their small capacity to hold such numbers. This consequently led to the spread of diseases in the prisons thus making the prisoners to suffer due to the poor medical assistance provided (Vesely, 16). According to my point of view, I think the eastern state penitentiary could have been a slaves prison in it could be operating in the mid-1800. This is consequently because, during that period, mostly the African Americans were being segregated and thus they formed movements which were against the law.
Work Cited
Vesely, Milan. "Guantanamo: where do we go from here? President Obama has pledged to close the infamous Guantanamo Bay detention camp. Still to be decided is how the US justice system will deal with the inmates and the international repercussions--a legacy of the dubious integrity of the George Bush regime. Milan Vesely reports from the United States." The Middle East 2009: 28. Academic OneFile. Web. 17 Nov. 2016.
Eastern State Penitentiary: Retrived from: http://www.easternstate.org/home
Wetheprotesters of Ferguson and beyond is a non-profit organization with a mission of fulfilling the democratic promise of the union , establishing a lasting justice that is true , according dignity to all people , emphasizing the humanity of all the oppressed individuals , promotion of the brightest future of children and ensuring that the freedom of all the black lives is secured. The goal of this organization is to remain committed to justice and the truth. Its aim is to have a community that is empowered to establish a new social and political reality that upholds, affirms and respects the humanity contained in humanity. The firm believe in the organization is a vision that is centered on blackness, and which can lead to the abolishment of the systems and beliefs that suppresses the marginalized people in the society. This is achieved through pressing for police accountability and upholding of racial justice (Wetheprotesters ,n.d.). The movement tells the truth concerning the violence meted by the police on the public especially the people of color. The humanity of black people cannot be negotiable just because of their dark skin. A basic characteristic about this organization is that it has wide reach and has managed to sustain visibility. The various sites that the organization is linked to across the web form part of this visibility. Another issue that considerably contributes to visibility relates to the age the site has been present in the network (Akbar,2015). Given that this site has been present on the web for some years serves as a measure of its credibility, quality and importance.
The services provided by the movement involve advocating for the rights of individuals whose rights have been violated and sensitizing the governing systems that all people have equal rights and hence, the police have no ground for discriminating against them. The organization provides support for research, organizing and policy advocacy to the various protest groups in the whole nation. These services are provided through a range of cutting-edge platforms which consist of mapping of police violence where a comprehensive database of individuals killed by police is kept. The services are also provided through Check The Police and Police Use of Force Project. Here , a public database of policies on police use of force and police union contracts are provided , including a tool that appraise how the policies assist in enabling or preventing policies violence in large cities in U.S . Another way is through the Campaign zero, which involves a complete agenda of policy solutions aimed at putting an end to police violence(Wetheprotesters ,n.d.). In organizing the community and taking to the street, the movement has managed to make it clear that people cannot rely on the ordinary channels for accountability. The organization is therefore able to convey the message that it is ineffective for black people to have a full engagement with system as it is. The organization has also been able to stress that a local government and police force with white majority were ruling over a municipality that is predominantly black, in the case of Ferguson. This brought to light the nonrepresentational nature of the American lawmaking and law enforcement organs. This organization depends on philanthropic funding from well wishers and other organizational funding (Wetheprotesters ,n.d.). These services provided by the organization provide a good ground for distributing part of the estate to it for a good course.
National Police Accountability Project
The National Police Accountability Project is an organization whose members include law students, legal workers and plaintiff’s lawyers who are committed to putting to an end the abuse of authority by the police. The mission is hence to protect the civil and human rights of people as they encounter the law enforcement. Promoting accountability of police and their seniors in case they violate the United States’ constitution is the central mission of this organization. This project provide various services which consists of training and supporting legal workers and attorneys, offering information and public education involving issues relating to the misconduct by the law enforcement officers. It also provides resources and information to the community groups that are non-profit who assist the individuals who have been abuse by the police. In addition, the organization provides support efforts for legislative reforms whose aim is to raise the degree of accountability among the police officers (National Police Accountability Project, n.d). The organization also serves as a forum for other organizations in the community and legal professionals to combine effort and together work to bring to an end the misconduct by the law enforcement officers or police. The national network of the members who include the police accountability experts and advocates and the attorneys support these services. The organization has previously been able to release reports detailing many indicators of implicit bias or institutionalized bias against the vulnerable people especially the minority groups and other issues that relate to the conduct of the police officers more so for the San Francisco Police Department. Such reports have managed to unearth deficiencies in all the operational areas that have been assessed which involve bias, use of force, practices of community policing and measures put in place for accountability. Other issues that have been exposed include deficiencies in recruitment, hiring and promotion practices in the police force (National Police Accountability Project, n.d).
The reports produced by the organization have played a leading role in condemning various practices such as unconstitutional stops, arrests or searchers and the constant application of unreasonable forces and excessive aggressive tactics. Other issues that have been identified include discrimination allegations based on gender, race and disabilities which make the police departments unable to serve the community appropriately. This project receives funds from the donation received from philanthropic individuals and such funds are normally exempt from taxation to the extent permitted by the law. Such funding also include online donation of gifts from the willing individuals (National Police Accountability Project, n.d). The project provides viable reasons for allocating the fund from the estate, given that the organization efforts are geared towards serving the overall interest of the community especially the minority and the disadvantaged groups. The funds will enhance the informing and educating of the public on issues relating to the misconduct of the police and which may be affecting them greatly. The funds will further facilitate the provision of information to community groups that are non-profit who help out those individuals that have been abused by the police. This is because the misconduct among the police, including the ones perpetrated by personnel in prison is part of the most significant civil rights violation in America.
Ban the Box refers to the name of a global campaign by advocates for the ex-offenders and civil rights groups that focuses on convincing employers to abandon the employing applicants who have criminal records. It relates to the HRM as they are faced with the task of employing applicants in the organization (Maurer, 2016). In Minnesota State, the check box has had some implication in the employment sector. Employer’s impact on the check box has increased chances of litigation, complicated hiring process, penalties and corroded security and safety. It has also led to HR challenges such as exposure to the employers and increased hiring cost.
Q2
Voluntary turnover refers to when an employee chooses to leave a company without being forced while involuntary turnover is as a result of an employee leaving the company due to other reasons rather than a personal decision. Both voluntary and involuntary turnover have a negative effect on the organization as they increase cost, reduce talent pool, reduces competitive edge and reduces organizational culture. Involuntary turnover helps in eliminating employees who are less productive (Salvendy, 2012).
Q3
An employee engagement survey in an organization has various advantages such as employee’s satisfaction and increased productivity that results to a successful business (Daft, 2011). There are also disadvantages of the engagement such as top policies of an organization are revealed and security is threatened as valuable information is shared. Organizations contribute to employees’ job satisfaction and retention by developing the employees by creating opportunities that enhance their skills and abilities, total rewards and valuable compensation package and creating a connection channel between the employees and senior management (Daft, 2011).
Q4
I would compare the organization with our major competitors. This is because the company that I work for is smaller, have different departments and few number of employees, therefore, creating a pat difference in between in the company structure with those of the competitors. The potential consequences of the structure are that employees would leave the company and go to the competitors if they pay or offer more.
Reference
Daft, R. L. (2011). Understanding management. Mason, OH: South-Western Cengage Learning.
Maurer, R. (2016). Ban-the-Box Movement Goes Viral. Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/risk-management/pages/ban-the-box-movement-viral.aspx
Salvendy, G. (2012). Handbook of human factors and ergonomics. Hoboken, NJ: Wiley.
The law requires employers to offer certain benefits to the employees. Some of the benefits are mandatory while others depend on the employer. Mandatory benefits include compensation requirements, disability benefits, family and medical leave (Daft, 2011). Other benefits that are optional include cafeteria plans, life insurance, medical, dental and vision insurance. There are those benefits that I consider absolutely essential as they enable an employee work more effectively and more motivated. They include retirement packages, severance packages, scholarship funds and day care centers for the employees with children (Daft, 2011).
Q2
Google has been able to offer non-traditional benefits to its employees. These benefits includes transport of employees to and from work with high tech buses that have wireless internet connections, free breakfast, free lunch which is plenty and in variety, subsidized massages, rest rooms, pools and laundry facilities (Kragness, 2014). Google has created an innovate working environment by providing subsidized daycare, doctor care in the offices and a cafeteria that enables employees from various department to brainstorm and listen to the employees thoughts that has led to more innovation (Kragness, 2014).
Q3
The increase in health care costs can be minimized without affecting the employees partnering with the health care providers. This can also be done by having certain doctors who will attend to employees when at work and specific hospitals they can visit when they fall ill outside the office. Medical Insurance covers can also help in reducing the healthcare cost (Daft, 2011).
Q4
With a cafeteria strategy employees feel valued, accepted, motivated and cared for by the organization that they work for (Kragness, 2014). This strategy enabled employees to say what they consider valuable in their life that may differ from other employees hence having a feeling of security. On the other side the employers get the value of efficiency, more productivity, less supervision which in return leads to a great and a successful organization that has a reputable brand name for its self.
Reference
Daft, R. L. (2011). Understanding management. Mason, OH: South-Western Cengage Learning.
Kragness, M. (2014). Clip 15 Google. Retrieved from https://www.youtube.com/watch?v=CDRj8l_YkMo&feature=youtu.be
Florida is one of the states where employment relationships can be terminated by either employers or employees at will. In addition, employers can dismiss employees from their organizations and at the same time employees can walk away any time they wish from the jobs even though there is no reason at all. At will policy however is limited in case the employment was based on a contract and the contract cannot be terminated (Charles, 2001). At will policy is different from the right to work policy since at will policy indicates that employers can fire employees at will and employees can walk away whenever they so wish. At will doctrine has however faced some exceptions but in Florida courts have rejected those exceptions since they argue out that employment relationships can be terminated at will by either employees or the employers. However if employers fail to comply with the federal employment laws, courts do not support them since employers should follow the federal employment laws and thus dismiss employees on valid reasons. Employees should not be terminated on wrong reasons since the federal laws protect and support employees and thus limit their terminations especially if the reasons are not valid (Charles, 2001).
Florida laws disallows termination of employees on the basis of discrimination either based on race, color, religion, disability, pregnancy, age and any other type of discrimination since employees are protected by the federal laws (Charles, 2001). Termination of employees based on these discriminations is totally prohibited in Florida and thus employees with many employees not less than 15 should comply with the laws failure to which consequences follow. The laws prohibit terminating employees who have reported illegal activities within the organization also well known as whistleblowing. Employees should not be terminated if they sue the organization for failing to pay them in time or rather failing to compensate them in time. Employees who sue the organizations in case they were sexually harassed should not be terminated either according to the Florida laws. The employment laws in Florida protect both the employees and employers and urge out that employers should not discriminate employees on the basis of discrimination of any type (Charles, 2001). Employees are required to report in case they have been terminated on invalid reasons to the Florida Commission on Human Rights (Charles, 2001). The employees should have their attorney who will assess their case and ensure they get justice since they should not be dismissed on invalid reasons since they are well protected by the laws.
Employees who have reported their cases to the laws and it has been proved they were not on the wrong should be compensated by the employers or the organizations. Employees are therefore required to contact their attorney immediately they are terminated on the wrongful reasons for immediate actions to be taken (Charles, 2001). For instance in the case of Ellen who started a blog to protest the CEO’s bonus since he had not promoted his employees for two years, the law can protect its employees since they are supposed to be promoted. In this case, the law will argue out that employees need to be promoted and given bonuses since it is the right of employees to get promotions and bonuses in the organizations. The CEO is wrong and thus he cannot fire Ellen since she is complaining on valid reasons and need to get promoted after working hard for two years without getting any kind of reward. The laws protect employees against such employers who fail to reward the efforts of their employees and thus such an employer cannot terminate an employee who has filed such a petition since it is based on valid reasons (Marino & Richeson, 2000).
John who is an employee in a given company posts a rant on his Facebook criticizing the most important customer in the organization. This is wrong according to the employment laws since no employee is allowed to discuss customers in any forum. The company can sue John since his behavior is unacceptable and can lead to loss of the organization in case they lose the most important customer. John as an employee is rude and thus if the employer decides to terminate him, the employment laws cannot defend him since his behavior is unprofessional and cannot be entertained. He is required face the law since he is against the laws that protect both the employees and employers and thus needs to be terminated without any court objecting to this (Charles, 2001). John is on the wrong and this shows that both employees and employers can be on the wrong and thus terminate the employment relationships in case such an occurrence happens. In a third scenario, Bill has been using his company-issued BlackBerry to run his own business on the side. The company discovers and is not happy with Bills behavior since he has been using the resources of the company, not for thye benefit of the company but for his own benefit without getting permit from the organization. Bills behavior is unacceptable since he is using the resources of the employer behind the back of the employer which is wrong. The company can sue Bill since he has been doing something illegal. In case he is sued, the courts will not protect him since he is against the laws that protect him. The employer thus has the right to terminate Bill since he has been carried out illegal businesses within the organization. The reasons leading to his termination are valid since no employer can entertain an employee who does illegal business within the organization (Ford et al, 2000).
For instance in California State, the employment laws argue out that, employees cannot be dismissed on the wrong reasons. In a scenario whereby a certain employee was dismissed who had served the organization for long since the company did not want to give him retirement benefits. The employee sued the company since his employment was terminated at the wrong time without any valid reason since the organization simply did not want to give him retirement benefits. The law defends such employees since they have worked for long in the organizations and thus need to be given the respect they deserve (Ford et al, 2000). They need to get retirement benefits and other rewards for having served the organizations for long and in good faith. The At Will Doctrine cannot support termination of such employment relations since they are unfair to employees who have served organizations for long and have been terminated from the organizations in the most unfair manner. The laws exist so that they can serve and protect employees who suffer under the hands of unfair employers. Employers should not discriminate employee and equally employees should not do illegal businesses within the organization since they should respect their employers.
References
Ford, K. E., Notestine, K. E., Hill, R. N., & American Bar Association. (2000). Fundamentals of employment law. Chicago, Ill: Tort and Insurance Practice, American Bar Association.
Marino, M. F., & Richeson, J. D. (2000). Employment in Florida: A guide to employment laws, regulations, and practices. Charlottesville, VA: LEXIS Pub.
Charles J. Muhl, “The Employment-At-Will Doctrine: Three Major Exceptions,” Monthly Labor Review (January 2001): 3-11.
The study was conducted for two purposes. First, the study was based on investigating the root cause of confrontation between the prisoners and correctional officers. Second, the aim of the study was to investigate the dispositional hypothesis (Craig, Zimbardo & Banks, 1973). In other words, dispositional hypothesis is testing whether the brutal condition in prisons is contributed by the character traits of prisoners and correctional officers.
Twenty four men who were mentally and physically fit were involved in the study. An experiment was used as the research method and the data collected was qualitative. The qualitative data was obtained through direct observation, video and questionnaires (Craig, Zimbardo & Banks, 1973). The study was taken in Stanford’s psychology building. Some of the materials for the study were three cells, Solitary Confinement, Guards Quarters, guards’ uniform and prisoners’ uniforms.
In conducting the experiment, out of 24 men, 9 men were selected to be prisoners. While they were in the participants’ house, prisoner guards came, accused the men as burglars and arrested them. They were taken to the police station and as they arrived, pictures and finger prints were taken, they were given uniforms and they were detained in Stanford County Prison (Craig, Zimbardo & Banks, 1973). Prisoners were provided with rules and regulations of the institution.
The findings from the study showed that the study was designed for 14days, but due to unavoidable circumstances such as pathological reactions of prisoners, the study took 6days. The study showed that the prisoner guards were abusive and this made prisoners to develop emotional depression to an extent that 5 prisoners were discharged before the due date (Craig, Zimbardo & Banks, 1973). Many prisoners were unable to endure the condition and on the second day, they created a plan for rebellion. However, the prison guards become more aggressive and reacted to the prisoners’ rebellion with fire extinguishers. The findings showed that prison guards extended their working hours and punished the prisoners with no justification. Prisoners complied with the rules and endured the unendurable (Craig, Zimbardo & Banks, 1973).
The study concludes that the conflict between prisoners and prisoner guards is not created by dispositional attributions, but rather it is as a result of situational attribution. The argument tends to convince that the participants’ brutal behaviors were not caused by their internal characteristics but they rooted from the prison environment (Craig, Zimbardo & Banks, 1973). Before the study, the prisoner guards were not abusive and this means that their roles shaped their behaviors.
Reference
Craig Haney, Zimbardo Philip & Banks Curtis (1973). SOCIAL PSYCHOLOGY; STANFORD PRISON
Man stabs two at a bus stop after asking them if they're Muslim
The parties involved in this incident are two non Muslim people who were standing at a suburban bus stop outside of Detroit. They engaged into a conversation with their attacker who asked them if they were Muslim. They said no and that is the reason the attacker stabbed them with a knife. The attacker was a thirty nine year old named Lavaron Thomas. This incident took place on a Saturday night and the attacker was not happy to hear that the victims were not Muslims. There was no provocation and Thomas got out a three inch folding knife and stabbed them. The victims are at the age of fifty and one of them was injured five times during the attack. The other victim was attacked in the hand while he tried to defend himself and his friend. They were later discharged from the hospital with no serious injuries. The attacker then went out of the scene but was later arrested after some minutes. He was caught carrying two knives where one of them seemed to be used during the attack. The police report showed that the attacker was also in possession of marijuana.
The motive of the attacker was to kill non Muslims because he was not happy with the answer given by the two while he asked whether they were Muslims. The attacker was a Muslim himself and that is the reason why he hated non Muslims and committed a hate crime. The attacker was arrested and charged with two types of assault related to murder. This is because he was found carrying a knife which is a dangerous weapon and an illegal substance which is Marijuana. These are all state charges and he could face ethnic terrorization. The county prosecutors were still discussing whether it would be included or not. Magistrate Daman released him with a bond of a million dollars. This is according to Free Press at Detroit Who also reported that a preliminary examination was scheduled for the fourth of March. The law of hate crimes in Michigan states that ethnic terrorization is a criminal act. According to this report Thomas attacked the two non Muslims cruelly with specific intention to harass them due to their religion. The FBI has been informed about this and they are investigating it and considering it as a potential hate crime. They are looking into it to determine whether federal charges are justified.
The results of this incident were obtained by talking to the eye witnesses who witnessed the incident. The incident was reported immediately and the police responded as fast as they could and caught him minutes later. Erick Hawkins who is a police chief at south field was the one who investigated the matter. The police chief speculated that the attacker was not happy that the victims were not Muslims as he identified himself as a Muslim. The victims were also interrogated in order for them to help the police with investigating the crime. They were able to talk about what transpired between them that led to the attack. This was a hate crime that was only based on discrimination in terms of religion because the three men did not know one another. The result of this is that the suspect was arrested a few blocks away and there were indications that he was later confused. This was a report that was brought by the officers which brings out the question of his steadiness. This was reported by Chief Hawkins who was in charge f conducting the investigations.
In conclusion, this matter should have been considered a very serious crime because the lives of two innocent people were at stake. The suspect should not have been offered a bond of a million dollars but should instead be incarcerated. This is because releasing him is endangering the lives of other non Muslims who are innocent. The suspect may repeat the same crime and hurt a lot of other people because he did not learn his lesson. I also think that such people who practice hate crime should face a life imprisonment in order to for them to learn a lesson. This would also discourage the people who intend to practice the same crime. The FBI should also intervene and investigate this matter immediately to impose the right the right charges. Such suspects should not be allowed to live with other people because they are a threat to human beings. I feel that the whole Muslim religion should be investigated for them to explain the reason why such cases are common. They should understand that they do not have the right to take the life of any innocent human being simply because they do not belong to their religion. They should understand that everybody has the right to live and only God has the right to take away the life of a human being.
Being part of this company means more than just showing up for work, accomplishing your duties and collecting your pay slip. Like all members of this organization, everyone is expected to exhibit a sense of professionalism so as to achieve the common goal of the organization. It is expected that all staff members at K-Mart will play their role in ensuring that cases such as fraud are prevented and avoided. This memo will therefore discuss issues related to fraud, state examples and show what could be done to prevent it from happening.
Facts on the case and charges
In the United States, businesses incur over 400 billion dollars every year used to cover employee fraud. This means that most businesses loose over 6 percent of the income they get every year through the fraudulent activities that some members of staff engage in (Ozkul & Pamucku, 2012). With such statistics, it is correct to state that companies loose more from the fraud that their staff engages in than they do from their customers. While male are more likely to engage in fraud than women, 5 percent of employees in an organization are determined to engage in fraudulent activity while 10 percent could be inclined to do so no matter what position they hold in an organization. While this number may be small, over 85 percent of employees could be inclined to engage in fraudulent activities if the right opportunity presents itself (Ozkul & Pamucku, 2012). As the statistics reveal, fraud is common in various organization and there is a need to regulate it so as to prevent losses.
In 2001, eight people were charged with accounting fraud where the individuals involved co signed accounting documents that were misleading and false. They also provided third party confirmations to the independent auditor of K-Mart that was false. The executives from K-Mart identified, prematurely, millions of dollars in the form of vendor allowances intended for promotions, which fraudulently boosted revenue by 10% which is an equivalent of 24 million dollars in the fourth quarter of the 2001 fiscal year (Accounting Today, 2004). Despite being a large organization, these employees found a way to commit fraud and if it was not identified, the company would have incurred millions of dollars in losses.
Another example of fraud is information technology fraud. With various technological advancements, businesses are relying more on information technology and communication to conduct business. If well implemented, IT could have a lot of benefits for an organization as it makes operations more efficient and convenient. However, if poorly designed, employees could take advantage and use it to engage in fraudulent activities such as cyber fraud (Ozkul & Pamucku, 2012). Such was the case when Raju, the chairman and founder of Saytam falsely boosted the company’s revenue by billions of dollars by falsifying cash balances, margins and revenues. There is also fraudulent financial reporting where those in charge of making financial statements for an organization either fail to present correct firm positions or provide falsified statements. As a result, the company encounters improper balance sheets as a result of the false revenues and expenses created (Ozkul & Pamucku, 2012).
Another type of fraud is misappropriation of assets where employees use a company’s assets for their own personal use or gain. In cases where employees are entrusted to use company assets for the purpose of accomplishing their duties, they may decide to use them for personal reasons that do not benefit the organization (Ozkul & Pamucku, 2012). Lastly is payroll fraud where and employee such as the human resource manager colludes with the accountant to make dummy records for ghost workers so as to benefit from their salaries.
The Fraud Triangle
While employees are encouraged to maintain good work ethics, there are conditions that may lead them to committing fraud. One reason may have been as a result of an identified opportunity. In the case of K-Mart, the employees may have identified an opportunity to defraud the company and get financial benefits. They may have seen the affiliation with other companies as an opportunity to embezzle money through creating false information so as to steal money and deceive the independent auditor hired by the company to help prevent issues of accounting fraud (Accounting today, 2004). Lack of a vigil forensic accountant may have also seemed as an opportunity that led the group into believing that they would get away without the fraud being uncovered. Another reason that may have led them into committing the fraud is due to motivation. Most people who engage in fraud do so because they are motivated by certain factors such as the need to have more money (Heissner, 2015). Lastly, the fraud may have occurred because lee found a way to rationalize his actions. Since K-Mart is a large organization, they may have rationalized that stealing that amount of money from them was okay.
How to prevent fraud
Due to the huge losses that come about as a result of fraud, it is of great importance that cases of fraud are identified and dealt with before they can cause significant damage in K-Mart. As a measure to prevent fraud, the company will focus on detecting fraudulent activity within the organizations (Ozkul & Pamucku, 2012). In relation to IT and communication, software will be installed into the company systems for the purpose of identifying any red flags that could indicate fraud. When identified, the correct measures will be taken so as to prevent fraud. Free hotlines where employees could call for free and remain anonymous will be provided for to encourage staff members to report other employees that may be suspected of engaging in fraudulent activities (Ozkul & Pamucku, 2012). Most of the fraud that occurs is caused by people who are determined to engage in fraud or those who can be encouraged to do so. Having channels that help to identify cases of fraudulent activity in K-Mart will help to stop those employees that are determined to commit fraud no matter what opportunities are presented to them. The hotlines will also assist in detecting fraudulent activities because individuals will be more comfortable reporting such issues yet still remaining anonymous.
Recommendations for future fraud prevention
Cases of fraud often occur due to opportunities present in an organization, motivation of staff members to engage in fraud and how they rationalize their fraudulent actions. Policies can be implemented to ensure that there are as little opportunities as possible for employees to engage in fraud. By doing so, the temptation to engage in fraud or being inclined to do so will be limited. To deal with the issue of motivation, K-Mart employees will be provided with proper lines of communication where they can talk about issues such as emergencies, lack of compensation or any other issues that may create an urgent need for money. The company will therefore play its part in ensuring employee benefits and bonuses are offered accordingly to get rid of the idea that the company owes them money. With no opportunity to engage in fraud and the needs of employees addressed, there will be little, if any cases of fraud and therefore no need to rationalize it.
Is Zagat Survey, LLC liable for commercial disparagement?
Rule
Citing from the tort of commercial disparagement, the act should exhibit the following elements;
The statement made should be proved to be false
The intention of the statement should be deemed to have negative financial consequences
The plaintiff incurs considerable financial loss because of the statement
The defendant made the statement cognizant that it was false (Cheeseman, 2014)
Therefore, if the statement exhibits these elements, it is regarded that the defendant is liable for disparagement under the tort of commercial disparagement.
Analysis
Zagat derives the statements from surveys conducted on the customers of the restaurants and publish them in their restaurant guide (Cheeseman, 2014). This means that the statements made were just opinions but not facts. Furthermore, Lucky Cheng’s restaurant could not prove that Zagat intended to cause financial loss by making the statement.
Conclusion
It is undeniable that the statements that Zagat made did not exhibit the elements of the tort of commercial disparagement meaning that Zagat was no liable for disparagement.
Ethics Case 6.7
Issue
Does the warrantless search of an automobile junkyard pursuant as approved by the state statute violate the provisions of the 4th amendment?
Rule
According to the 4th amendment, unless upon a credible cause; searches and seizers are regarded illegitimate regardless of the presence of a warrant (Cheeseman, 2014). Searches and seizures are approved only if supported by an oath and affirmation from the parties indicating the reason for the seizures. Thus, conducting searches in this case does not violate the provisions of the 4th amendment.
Analysis
The state statute did sanctioned warrantless seizures without either a probable cause or affirmation by the junkyard pursuant (Cheeseman, 2014). This means that the searches and seizers violated the constitutional rights of Burger as provided by the 4th amendment.
Conclusion
Since the searches violated Burger’s constitutional rights, it is factual that he did not act unethically by trying to suppress the evidence.
Ethics Case 7.6
Issue
Can the Passport’s use of Presley’s copyrighted materials be regarded as fair use?
Rule
As indicated in section 501 of chapter 5 in U.S constitution, copyright infringement involves reproducing, distributing and publicize any work without the approval of the copyright owner (Cheeseman, 2014). On the other hand, fair use is delineated as use of copyrighted material without the permission of the copyright owner for limited purpose.
Analysis
The purpose of using Presley’s copyrighted materials by Passport cannot be regarded as fair use because the intent was to make financial profit and not for limited purposes such as criticizing or commenting (Cheeseman, 2014).
Conclusion
Since Passport sold the videos commercially without the permission of the copyright owner, it is undeniable that Passport acted unethically.
Policy Case 8.1
Issue
Did Papa John’s International Inc. engaged in false advertising through their slogan “Better Ingredients, Better Pizza”?
Rule
According to section 43(a) of the Lanham act, false advertising involves false representation of quality of the products or services, false representation of the products’ origin and use of other company’s distinctive mark to advertise the products (Cheeseman, 2014). On the other hand, puffery in advertising refers to exaggerated praise of products or services. The difference between false and puffery advertising is based on the fact that in puffery, the product might have the quality but not as much as that being advertised while in false advertising, the product is completely misrepresented (Cheeseman, 2014).
Analysis
In this case, Papa John’s advertising cannot be regarded as false advertising because Pizza Hut Inc. did not present valid evidence to show misrepresentation of the product. Therefore, the act can only be regarded as puffery since it was not proved that Papa John’s pizza attained the advertised quality.
Conclusion
It is undeniable that consumers cannot be able to see through the company’s puffery citing because they only rely on the taste and the ingredients written for them on the product’s container.
Reference
Cheeseman, H. R. (2014). Contemporary business law and online Commerce Law.Prentice Hall ISBN: 978-0-133-57816-4
The population I am studying is the effectiveness of after school programs to the young generation
Q2
Sampling method will be the best to use in this study
Q3
The best sampling technique for the project is stratified random sampling. This is because the young generation will be divided into strata which will give more precise information of the sample size (Thompson, 2013).
Q4
In order to make sure that the sample size is not biased the strata will consist of randomly selected members that are more different and are homogeneous internally (Thompson, 2013).
Q5
It may not be appropriate because a sample population cannot be used to describe best the whole population given the levels of modalities in the society.
Interviewing Children
Q1
The justice system should protect the children as they are susceptible to denial and suggestions. They should go deeper into the situation to ensure that the children give out all the information need. This means that the child should not come into contact with the defendant so that the defendant may also feel protected (Davis, 2011).
Q2
Children should not be subjected to possible trauma at any cost unless they are old broad enough to make the face the defendant. Despite the constitutional right of the defendant to face the accuser in a court of law the interest of the child should be on the forefront as it can be proven with medical evidence where applicable or use the different interviewers who can attest to child testimony (Davis, 2011).
Q3
No. the defendant does not have an absolute right to meet with the witness face-to-face. This is because it is important to protect the child from more traumas.
Q4
It does not change a thing because a child memory is not fully developed which means that they can be made to believe in what is presented to them. This, therefore, makes it important to protect a child whether the defendant is known to the child or not (Davis, 2011).
Carbon Dating
Carbon dating is important to archaeology. This is because it has the capability of opening up unbelievable vistas of thousands and millions of years of the human experience. An example of carbon dating is when Christians count the time of birth of Christ at the beginning as (AD) Anno Domini and anything before that as Before Christ (BC) (Levy & Higham, 2014).
Reference
Davis, S. M. (2011). Children's rights under the law. Oxford: Oxford University Press
Levy, T & Higham, T. (2014). The Bible and Radiocarbon Dating. Routledge
Thompson, S. K. (2013). Sampling. Hoboken, N.J: Wiley.
It is factual that smuggling has been one of the major concerns by the law enforcers especially along the California coastline. For instance, back in 2012, federal agents retrieved marijuana that was estimated to have a value of more than $1 million from seven men who were smuggling the drug through California coast (Kandel, 2012). Smugglers have been using open hull panga, the boats that are typically used for recreational purposes. The presumption of the smugglers is that it is difficult for the border patrol to suspect trafficking in recreational vessel. It is noteworthy that smugglers not only transport narcotics but also illegal immigrants. For example, citing from a case that was reported in Los Angeles Times on December 9th 2012, an open hull panga was spotted along Santa Barbara coast ferrying bales of marijuana and a considerable number of immigrants. In another case, 130 bales of marijuana were recovered together with 3 U.S citizens and four Mexicans arrested at north of California coast (Kandel, 2012). Since 2011, cases of drug smuggling have increased where the recent cases include even human trafficking. This has resulted to a tremendous increase of illegal immigrants and drug abuse in the country. In one year from 2011 to 2012, smuggling cases that were recorded in southern California were more than 170. Precisely, more than 100,000 pounds of smuggled narcotics were seized in 2011 alone (Kandel, 2012). Furthermore, smuggling has resulted to the deaths of officers especially who patrol the coastline for inspection (Faturechi, 2012). One of the cases include the death of Chief Petty Officer Terrell Horne III who was a coast guard murdered on December 2012 by a group of suspected smugglers (Faturechi, 2012). This was a reminder on the growing threat of smuggling along the coastline.
The City of Los Angeles Government has continued to withhold the drug abuse resistance education (D.A.R.E) program that focuses on preventing controlled drugs abuse and engaging in violent behaviors (Cima, 2015). Precisely, D.A.R.E was founded back in 1983 by Los Angeles Police Department and Los Angeles Unified School District. The program focused on accommodating students who pledged to avoid controlled drug use, join gang member or engage in violent behavior (Cima, 2015). However, regardless of the fact that D.A.R.E is still sponsored today by LAPD, it is perceptible that it has declined significantly. Citing from its operating revenue, the program has declined from more than $10 million in the past decade to approximately $3 million currently (Cima, 2015). This has been resulted by the discredited effectiveness of the initiative. The major concerns of the program include resistance to drug abuse and self-esteem especially for the students. However, it is undeniable that the success rate of the program is lower in the contemporary society as it does not have any effect on the number of drug abuse cases in Los Angeles (Cima, 2015). Research indicated that students who were in the program were not less likely to use controlled drugs that students were not in D.A.R.E. In the contemporary society, D.A.R.E has extended to mental health concern focusing on decision making skills. Additionally, it appears that the program is being replaced with an initiative recognized as “keepin’ it REAL” which is encouraging youths to be honest and responsible as a strategy of reducing drug abuse risk (Cima, 2015).
The U.S military has been participating in the Interagency Task Force (JIATF) south whose mission is to inspect and detect illegal trafficking and other types of threats along the coastline (Phillips, 2012). The operation of the unit involves monitoring the activities in the coastal areas and shares the details to facilitate law enforcement while intervening illegal trafficking. JIATF is a component of SOUTHCOM which is composed of federal agencies and military groups (Phillips, 2012). In the year 2012, the unit succeeded in disrupting trafficking of more than 110 metric tons of cocaine worth of approximately $2 billion before it could arrive at the target destinations. Additionally, the unit has engaged in operations that have enabled recovery of more than $20 million in cash and more than $15 million worth of black market goods destined for trafficking in United States (Phillips, 2012). According to Jody Draves, the spokesperson of JIATF, the unit has successively disrupted trafficking of more than 100,000 kilograms of cocaine and more than 10,000 pounds of marijuana (Phillips, 2012). The value of the retrieved drugs destined to be trafficked in United States is more than $15 million annually since 2012. From January to August back in 2012, more than 220 arrests were made along with the narcotics recovered after seizing more than 40 suspected vessels (Phillips, 2012). Precisely, the interdictions are conducted by the coast guards unit whereas the monitoring and detection of drug trafficking is led by Operation Martillo federal agency. The success of the units can be cited from the use of naval aviation aircraft in monitoring and intercepting the suspected vessels and their cargos (Phillips, 2012). The units use both aircrafts and water vessels to provide both air and waterborne surveillance of the suspected vessels. Generally, it is exhibited that the task for the anti-drug unit is becoming hard as the demand for drugs in United States is increasing. However, with the success that Operation Martillo exhibits, there is future guarantee that the unit will successfully control drug trafficking (Phillips, 2012).
According to CNBC (2010), one of the effective ways of tackling drug trafficking and abuse is through drug legalization. For instance, marijuana is the major cash crop in 12 states and among the top five major cash crops in 39 states. In additional, marijuana is among the greatest income producers in United States. As a matter of fact, among the agricultural products, marijuana is the greatest revenue generator, producing more than $36 billion annually (CNBC, 2010). The contention about the effectiveness of drug legalization is based on the fact that prohibition as can be cited from alcohol prohibition back in early 20th century does not work effectively. Ironically, alcohol prohibition resulted to increasing rates of crimes, deaths and addiction (CNBC, 2010). The society fails to understand that prohibition does not shield people from drug abuse. As a matter of fact, prohibition produces the reverse effect where instead of deterring people from drug use, it attracts their attention (Rios, 2012).
However, it is undeniable that drug legalization will result to the increase in drug abuse which will in return lead to violence, extortion and robbery among other crimes related to drug abuse (Rios, 2012). It is factual that legalization of drugs will force the cartels out of the drug business obliging them to engage in other crimes. Furthermore, the rate of unemployment for the young uneducated youths will increase which means that it will result to tremendous increase of other crimes (Rios, 2012). It can also be argued that drug legalization will create an easier way for criminals to secure a legal job. Precisely, drug legalization will change the definition of drug cartel from a criminal to legal business.
Conclusion
Smuggling has been on an increase in California coast as cases of both human and drug trafficking are reported persistently. Smugglers have been using water vessels such as open hull panga, a recreational boat that coast guards cannot suspect easily. Back in 2012, approximately 130 bags of marijuana were recovered and 3 illegal immigrants arrested. The cases of smuggling have been on a tremendous increase since 2011 reaching up to more than 170 cases annually. In these annual cases, more than 100,000 pounds of narcotic drugs are recovered. Apart from bringing drugs to the country, drug trafficking has resulted to other drawbacks such as deaths of the coast guard officers and increasing crime rates. One of the campaigns sponsored by the Los Angeles Police Department includes D.A.R.E which was initiated back in 1983. The mission of the program was to engage students in an initiative that prevented them from drug abuse, gang membership and violence conduct. However, the effectiveness of the campaign has been decreasing which is the reason behind its replacement with another initiative known as “keepin’ it REAL”. On the other hand, the anti-drug unit by the local law enforcement agency is Interagency Task Force (JIATF), a component of SOUTHCOM. The unit has succeeded in monitoring and recovering narcotics, cash and illegal immigrants. With this effective operation, it is guaranteed that smuggling will be controlled in future regardless of the increasing demand of drugs in the country.
References
Cima, R. (2015). D.A.R.E: The Anti-Drug Program That Never Actually Worked. Priceconomics. Retrieved from https://priceonomics.com/dare-the-anti-drug-program-that-never-actually/
CNBC, (2010). Legalization Will Reduce Crime, Free Up Police Resources. Retrieved from http://www.cnbc.com/id/36201668
Faturechi, R. (2012). Coast Guard Officer Killed On The Job Is Remembered. Los Angeles Times. Retrieved from http://articles.latimes.com/2012/dec/09/local/la-me-1209-coast-guard-20121209
Kandel, J. (2012). Drug Smuggling Try Off Catalina Island Highlights New Trend. CNBC. Retrieved from http://www.nbclosangeles.com/news/local/Marijuana-Smuggling-Panga-Mexican-Fishing-Boat-Catalina-167330145.html
Phillips, J. (2012). A Hunting We Will Go: Naval Air Trucks Drug Smugglers. Naval Aviation News.
Rios, V. (2012). Drug legalization could create more crime. International New York Times. Retrieved from http://www.nytimes.com/roomfordebate/2012/05/30/should-latin-america-end-the-war-on-drugs/drug-legalization-could-create-more-crime
During the 2012 Aurora shoot twelve people were killed while seventy reported wounded. It was at Colorado Theater where over 200 audiences gathered and were silently watching a film The Dark Knight, when an armed man known as James Holmes attacked them shooting all over the place. The assassin was equipped in premeditated apparels, set off tear gas missiles plus shot into the spectators with numerous rifles. Holmes’s shooting act appeared as a mission which was to be completed, by making history in the United State since it was the deadliest shootings for over years. After the lethal act the sole assailant, Holmes was arrested minutes later in his car which was parked outside the cinema. The killer had several convictions on murder attempts that are known as a young quiet man. He seemed to be an intelligent gentleman according to the inquiry where the prosecution said he was listening to loud music on headphones during the mugging act probably to block out the screams as he opened fire all over the place. James Holmes’s profile gave a clear indication that he had always lived alone life especially on the information collected from his classmates whom alleged that he was always a discreet, introverted as well as a fragrant individual thereby; it was a shock to all hearing the news (NELSON, BRADY & KING, 2016).
When and Where
It was on July 20, 2012 when the physique shooting happened inside a span 16 movie theatres in Aurora, Colorado during a midnight screening of the flick The Dark Knight Rises. Colorado Theatre is an institute is generally known for its support to lives while at the same time provides the citizens with gen’s recitation to theatre procedures. It is also one of the famous theatres in Aurora thus; the killer attacked it understanding that there are multiple spectators in there. It was an unlucky coextensive the shelling happened shortly after the beginning of a congested midnight show. The mass shooting was then considered as the dullest in Colorado since the 1999 holocaust at Columbine High School, in which 12 students plus a teacher were killed before two teens killers murdered themselves. According to the investigation, it was clear that the killer had enrolled in a Ph. D neuroscience program in 2011 at the University of Colorado which a powerful medical university in Aurora tough in 2012 he dropped out after a failure in an essential exam. The police who responded to the incident discovered four guns when they apprehended him outside the Century Aurora 16th auditorium Friday dawn (FORTINI & KIRN, 2012).
Why and How
How the mass shooting happened was a shook since it was just a sole assailant who was capable of destroying a room with over 200 individuals. In reference to the carried investigation, James Holmes had purchased a ticket after he dropped out of campus through an online ticketing agent on July seventh 2012 for July 19th midnight show. Reports show that the killer attended the show ‘The Dark Knight’ at Century Aurora 16th theatre during the midnight. However, he was sported leaving the show room through a rare door beside the screens which lead him to the parking lot. James Holmes left the door propped opened thus; returned latter through it. After midnight that is on July 20th 2012, he appeared dressed up in protective garments, gas masks as well as ballistic helmet thereby,; the investigators concluded that the killer was on a readily prepared mission. At first before the gun fires he threw teargas into the show room and after the theater was full of tear gas he started the shooting according to the witness. The investigators recorded that he started by firing at the celling simply to scare the multitude then he turned to them leaving 12 dead and 70 injured (FORTINI & KIRN, 2012).
Results
The United State Security arrived at the crime scene as the soonest they were alarmed and proceeded with the investigations. It was the survivors whom alerted them thus; creating no time for the killer to escape. However, James Holmes surrendered to police officers outside the theatre where investigation was done on him and his car. The police discovered several firearms which they thought might have been acquired illegally. Four guns were recovered which had not license; an AR-15 mugging rummage, a Remington 12-gauge 870 shotgun as well as Two 40- calibre Glock handgun. The exploration team leader was shocked by the massacre suggesting that his team was unable to calculate the number of shot fired by the criminal (NELSON, BRADY & KING, 2016).
Conclusion
In conclusion, the incident shocked many public individuals especially on how the killer was allowed to accrue four-high powered weapons though, according to the law is seemed that he was within the law in his weapon possession. James Holmes was arrested while investigations were still on following how he managed the attack alone. It was a wonder that the criminal had also set bombs all over the place but the investigation team was able to disable them. The killer is now serving a life imprisonment at the State highest security prison (NELSON, BRADY & KING, 2016).
References
FORTINI, A., & KIRN, W. (2012). The Gathering. New Republic, 243(13), 12-15.
NELSON, K., BRADY, T., & KING, D. (2016). THE "EVIL" DEFENDANT AND THE "HOLDOUT" JUROR: UNPACKING THE MYTHS OF THE AURORA THEATER SHOOTING CASE AS WE PONDER THE FUTURE OF CAPITAL PUNISHMENT IN COLORADO. Denver Law Review, 93(3), 595-633.
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