Research Brand Performance

Abstract This research paper seeks to investigate the relationship between customers’ perception of public relation and customers’ loyalty. The research will also investigate the role played by the brand image in shaping customer perception towards the organization.Advertising We will write a custom essay sample on Research Brand Performance specifically for you for only $16.05 $11/page Learn More Research Design/methodology- The research will use both primary and secondary sources of data. The primary data will be collected from a sample of customers of City Bank with the help of a questionnaire. The research will use two hypotheses. Findings- The results of the study evidently demonstrate that the sensitivity of clients towards organization’s public relation practice is an indication of their devotion. From the research, it is clear that when there is a favorable brand image among customers, public relation perception will always h ave a heavy impact on customer loyalty. Research limitations/implication- This research seeks to expound on the existing research as regards to customer loyalty. The researcher faced the problem of unwillingness since some respondents were unwilling to answer questions. Originality- The researcher was concerned with coming up with an original piece of research that could be applied in a real life scenario. Keywords- Brand image, Public relation, Customer loyalty, Customer relations, Finance industry, financial services, the United States Introduction According to Hsieh and Li (2008), there is a direct relationship between customer perception of public relation and customer loyalty. These scholars hold that when a customer has a positive perception of public relations of a firm, he or she will tend to be loyal to that firm. This loyalty will further enhance a positive perception of the public relation of the firm.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Brand image plays a moderating role in this relationship. When a firm has a strong brand image in the market, the perception of the public would always be influenced positively towards the firm, and this will increase loyalty of the customers towards the firm (Hsieh Li, 2008). The role of marketing in creating and maintaining a pool of loyal customers is becoming more prominent in the twenty fist century. Marketers are under pressure to ensure that loyalty among customers is established. Customer loyalty is always considered a central pillar in marketing activities of the organization. This is because without customer loyalty, it may not be easy to maintain a positive image of a firm in the market. When a company is able to develop, maintain, and enhance customer loyalty, it gains a competitive edge in the market hence acquiring the opportunity to increase its market share in the market. Customer loyalty can al so enhance the image of the organization through positive word of mouth, which in turn leads to increased profit margins for the company. Scholars define public relations as the management function, which aims at identifying, establishing, and enhancing mutual benefits between the firm and its public. This would determine the failure or the success of the company. Loyal customers are said to enjoy the public relations practices of the company as compared to those customers who buy and go without staying for long in their in the company. It is essential for the customers to be aware of the organization-public relation since this will promote customer loyalty in the organization, which would lead to increased number of sales (Aaker, 1997). A recent study shows that there is intense competition in the finance industry. Numerous financial institutions are in existence meaning that competition is stiff (Chaudhuri, and Holbrook, 2001). The management of Citibank should come up with strate gies that would enable it manage this competition. Developing a public relations system would help in increasing the company’s customer loyalty. This essay aims at explaining the relationship between the brand image, public relations practices, and customer loyalty with focus on offering a professional advice to Citibank on how to enhance customer loyalty.Advertising We will write a custom essay sample on Research Brand Performance specifically for you for only $16.05 $11/page Learn More Literature Review and Hypothesis The finance industry is increasingly becoming competitive. Financial firms are under pressure to deliver more quality services to their customer in order to increase satisfaction (Belk, 2008). This quality is always formed in the minds of consumers. Public relation is important in influencing customer perception as regards to a given brand (Anderson, Gerbing, 2002). The figure below shows the relationship between public relations perception of customers, customer loyalty, and brand image, which is the basis of this research. From the diagram above, public relations perception is shown to have a direct impact on customer loyalty. The brand image plays a role of moderating the operations of the public relations opinion and customer constancy. This can be illustrated with the help of the literature review below. Clark (2000) stipulated that self-congruence theory rest on the idea that consumers evaluate the products of a company in relation to their self-image. When the congruence between the two is perceived to be high, it has been revealed that it influences the attitude of customers towards the brand. It also influences the decision made by customers in purchasing the product, as well as determining the satisfaction of customers. On the other hand, when there is incongruence, consumers are likely to withdraw from purchasing the products and services of the organization simply because they will fear to be a ssociated with the negative image of the organization (Chaudhuri, Holbrook, 2001). An individual’s self-concept embraces various self-identities, which range from personal identities to social identities. In the studies that have been conducted before, it has been proved that when public relations practices is strong there is an increased demand for social identity, which in return leads to increased self-congruence (Bruning, 2002).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Public relations practices are therefore entitled to create a profile brand association whereby customers of the organization have to be perceived as generous and kind. They also seek to establish a brand personality where the brand personality is portrayed as being sincere (Brown, Dacin, 1997). From the study, it is patent that self-congruence and customer expectations are realized with the help of the top management as expressed through public relations. In this case, if the customer self-concept match with the PR actions, customers are likely to be attached to the company for a long period (Dick, Basu, 2006). These scholars observed that public perception towards public relations would always influence customer loyalty. This leads to the first hypothesis below. Customer perception towards public relations (PRP) will be positively related to customer loyalty In this hypothesis, psychologists hold the view that the memory of an individual lasts for a very long period meaning that once the information received is stored in it, the information it is likely to stay for a considerable duration. In the field of marketing, this is referred as the halo effect whereby the influence of a particular attribute is influenced by the general impression of the product as a whole on one hand while on the other hand, the evaluation of an attribute as a whole can create an effect on particular aspects of the object. This therefore proves that maintaining cognitive consistence helps in deterring cognitive differences (Dutton, Dukerich, Harquailn, 2004).This indicates that when the brand image of an organization is favorable, the customers, who in return maintain the positive beliefs, and behaviors, will perceive the public relations practices as genuine hence harmonizing the reputation of the company. However, when consumers perceive brand image in their cognitive processes as unfavorable, it becomes difficult for the PR practices to change this perception. When there is inc onsistency in the memory of customers, they would likely develop a psychological tendency of balanced differences, which creates fear on customers hence a go slow in consuming products and services of that particular company (Ekinci Riley, 2003). This would lead to the formulation of the second hypothesis, which is stated as below. The relationship between PRP and customer loyalty is moderated by brand image Research Methodology The data of the research were collected from experienced customers of Citibank in the New York branches. This essay looks into the financial firms, as they are the ones, which dictate maximum public relations practices as compared to the manufacturing industry. The research was conducted in a form of interviews where the sampled customers were asked questions related to insurance companies familiar to them (Chiou and Droge, 2006). In the research, PRP was considered an independent variable, which was measured in terms of the manner in which customers percei ve the commitment of the corporation in terms of time, resources, and efforts towards generating public relations activities. Brand image on the other hand was used as the moderating variable. In this case, the brand image was measured in terms of experiential benefits, symbolic benefits, and as functional benefits (Ellen, Mohr, Webb, 2000). During research, several factors were controlled for the results obtained to be perceived as valid. The controlled factors included sex of respondents, disposable income, altruism, and age. In the study, altruism was considered the act of utilitarianism, which aims at promoting the welfare of others. In the issue of validity and reliability, the study used various approaches in the analysis of data collected, which includes confirmatory factor analysis, exploratory and reliability analysis (Devellis, 2001). Analysis of the Results The results obtained in the research were tested through hierarchical regression. This was aimed at proving the hyp otheses that were presented in the study. In relation to the four controlled factors used in the research, it was discovered that altruistic and disposable income variables created an effect on the consumer loyalty. This indicates that commitment of an organization towards PR activities is likely to increase customer purchases, as well as refer other people to buy company products (Homburg, Giering, 2001). In the second hypothesis, PR practices are said to depend on the level of brand image. The brand image is seen as a factor that controls the connection between public relation and consumer allegiance. In the analysis, the results were split into groups of favorable and unfavorable brand image. It was revealed that a good brand image preserves customer allegiance while inauspicious brand image generates a harmful result to client fidelity (Ellen, Mohr, Webb, 2000). The management should always ensure that the brand image is improved through such avenues as advertising. Discussion of the Findings This study is dedicated to explaining the influence of PRP on customer loyalty since it has investigated how the attitudes towards a brand image affect the relationship. It has been discovered through research that when the brand image of an organization is strong, the PRP is likely to affect the customer loyalty positively. In the analysis of the results, it was also realized that when the perception of the customers is higher towards the PRP, the customer loyalty would also increase (Garbarino, Johnson, 1999). In the second hypothesis, the results indicate that brand image acceptance raises the level of customer loyalty towards a corporation. It is therefore suggested that the needs of consumers help in developing products and services of the company. It was concluded that the brand image, as well as the corporate image, could affect the attitudes and beliefs of the company either positively or negatively (Fredericks, Hurd Salter, 2001). The management of Citiba nk should come up with mechanisms that would help in improving its brand image. With an improved brand image, Citibank can increase its customer loyalty by influencing the perception of public relation towards the firm positively. Implications and Limitations The study explored the reasons as to why managers should enhance the brand in the improving the image of their organizations, which would help them to gain customer loyalty (Abdullah, Al-Nasser, Husain, 2000). The study has also expressed numerous details that affect brand image and the performance of the firm. Moreover, it analyzed the manner in which brand image influences consumer allegiance. Managers should enhance their brand images for the PR practices to achieve their intended goals (Homburg, Giering, 2001). This will have a positive ripple effect to the firm. The research had some limitations when. It was limited to customers of Citibank in its branches in New York. This is because of the limited time for conducting r esearch. The research was also limited to the financial industry. Further studies should be carried out based on this in order to prove the hypothesis further (Abdullah, Al-Nasser, Husain, 2000). Conclusion The management of Citibank has a big role to play in ensuring that they develop customer loyalty towards their brand. The management should ensure that it influences public relations perception towards their products. This would make customers develop a favorable perception towards the company brand. This would also increase customer loyalty towards the brand, a fact that will help the organization increase its market share in this industry. References Aaker, J.L. (1997). Dimensions of brand personality. Journal of Marketing Research, 34(3), 347-57. Abdullah, M., Al-Nasser, A.D., Husain, N. (2000). Evaluating functional relationship between image, customer satisfaction, and customer loyalty using general maximum. Total Quality Management, 11(4), 826-9. Anderson, J.C., Gerbing, D. W. (2002). Structural equation modeling in practice: a review and recommenced two-step approach. Psychological Bulletin, 103(3), 411-23. Belk, R. (2008). Possessions and the extended self. Journal of Consumer Research, 15(1), 139-68. Brown, T.J., Dacin, P.A. (1997). The company and the product: corporate associations and consumer product responses. Journal of Marketing, 61(1), 68-84. Bruning, S.D., (2002). Relationship building as a retention strategy: linking relationship attitudes and satisfaction evaluations to behavioral outcomes. Public Relations Review, 28(1), 39-48. Chaudhuri, A., Holbrook, M.B. (2001). The chain of effects from brand trust and brand affect to brand performance the role of brand loyalty, Journal of Marketing, 65(2), 81-93. Chiou, J.S., Droge, C. (2006). Service quality, trust, specific asset investment, and expertise: Direct and indirect effects in a satisfaction-loyalty framework. Journal of the Academy of Marketing science, 34(4), 613-27. Clark, C.E. (2000). Differences between public relations and corporate social responsibility: an analysis. Public Relations Review, 26(3), 363-80. Devellis, R.F. (2001). Scale Development: Theories and Application. Newbury Park, CA. Sage. Dick, A.S., Basu, K. (2006). Customer loyalty: toward an integrated conceptual framework. Journal of the Academy of Marketing Science, 22(2), 99-113. Dutton, J.E., Dukerich, H.M., Harquailn, C.V. (2004). Organizational images and member identification. Administrative Science Quarterly, 39(2), 239-63. Ekinci, Y., Riley, M. (2003). An investigation of self-concept: actual and ideal self-congruence compared in the contest of service evaluation. Journal of Retailing and Consumer Services, 10(4), 201-14. Ellen, P.S., Mohr, L.A., Webb, D.J. (2000). Charitable programs and the retailer: do they mix? Journal of Retailing, 76(3), 393-406. Fredericks, J.O., Hurd, R.R., Salter, J.M. (2001). Connecting customer loyalty to financial results. Marketing Management, 10( 1), 26-32. Garbarino, E. Johnson, M.S. (1999). The difference roles of satisfaction, trust, and commitment in customer relationships. Journal of Marketing, 63(2), 70-87. Homburg, C., Giering, A. (2001). Personal characteristics as moderators of the relationship between customer satisfaction and loyalty-an empirical analysis. Psychology Marketing, 18(1), 43-66. Hsieh, A. Li, C. (2008). The moderating effect of brand image on public relations perception and customer loyalty. Marketing Intelligence Planning, 26(1), 26-42. This essay on Research Brand Performance was written and submitted by user Jaylee Francis to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

What Do SAT Scores Measure IQ Income

What Do SAT Scores Measure IQ Income SAT / ACT Prep Online Guides and Tips Everyone knows that scores on the SAT can make or break your college admissions chances, but can they measure your innate cognitive abilities? What do they really say about your potential? In this article, I'll tell you what SAT scores can and can't measure and provide advice about when you might use them to estimate your own capabilities. Do SAT Scores Measure Intelligence? There's a big debate about this, and the question depends on how you define intelligence. Scores on the SAT do correlate with scores on IQ tests and other standardized tests of intelligence. This is unsurprising considering that the SAT was originally derived from an IQ test for army recruits. SAT Scores Are More Variable Than "Innate Intelligence" Despite what some may argue, it is, in fact, possible to prepare for a standardized test like the SAT. At PrepScholar, we know firsthand that students can dramatically improve their SAT scores through dedicated studying. If a person has slightly above average intelligence, with enough preparation they should be able to get a very good or even perfect score on the SAT. Through extensive studying of question types, test content, and test format, you can do extremely well without being some kind of super genius. But isn't the decision to prep this extensively a demonstration of intelligence (and maturity and foresight) in itself? This is where it gets a little harder to make clear judgments. Who's "smarter"- the kid who prepared for 80 hours and raised his score from a 1100 to an 1500 or the kid who got an 1500 without any prep at all? It's likely that a traditional IQ test would say that the kid who didn't prepare has a higher IQ, but in terms of SAT scores (and in the eyes of colleges) the two students are equal. In this sense, you could argue that since students have the ability to prep for the SAT, it's a better measure of intelligence than traditional IQ tests. The score is a result of innate intelligence and perseverance. Two people can get the same score while possessing different amounts of each quality. If we're talking about innate intelligence alone, the SAT doesn't necessarily measure accurately. If we're talking about a combination of innate intelligence and the determination that allows students to succeed in school, it may be a better metric. The brain is a complicated place. And clearly this artist is biased towards the right brain even though the whole idea of people being right or left brained is bogus. It's Not Quite That Simple, Though- There Are Other Reasons Why The SAT Isn't an Ideal Measure of Intelligence The SAT would do a better job of measuring academic ability and intelligence if high schools across the country were all equivalent in their funding and quality, but that isn't the case. Students have different educational backgrounds, and this strongly affects performance on the SAT. Many students may have strong combinations of innate intelligence and perseverance but are unable to utilize these qualities to do well on the SAT due to circumstances beyond their control. These students might lack the extra time they need to prep, or they might not even know how to begin the prep process because their schooling so far has been low quality. For wealthy students who grow up in a good educational system with a supportive family, it's much easier to bring out the qualities and knowledge that will allow them to succeed on the SAT. With parental pressure and monetary support, these students are more likely to enroll in prep programs and get the added benefits of this instruction on top of their already high-quality high school education. The cards are stacked in favor of these types of students even if they are of average intelligence. So it's complicated. On the one hand, yes, SAT results can measure some degree of intelligence and academic ability. On the other hand, in some cases the SAT is not an appropriate way to judge someone's intelligence because of other obstacles they've had to face. The gap between the SAT scores of rich and poor students is a very real thing. The SAT Is Still a Pretty Good Predictor of College Academic Success Students who score highly on the SAT either prep extensively or are intelligent and well-educated enough in the first place to get a good score without preparation. Students who do well on the SAT are probably more prepared for college in general, but this is different from them being objectively "smarter." Of course, every test has its problems, and the SAT certainly is flawed, but many of its shortcomings in measuring student ability and intelligence are due to societal factors beyond the control of the makers of the test. You could argue that the continued use of the test perpetuates these problems, but that's a discussion for another article! Then again, is anyone ever prepared for stuff like whatever this is? Do SAT Scores Measure Career Potential? Different people arrive at their scores on the SAT in different ways (as discussed in the previous section), so it's tough to make these types of blanket judgments. One thing we do know is that SAT scores correlate with parental income. If by "career potential" we mean higher income, then yes, SAT scores can roughly measure the likelihood that a student will end up earning a high income as an adult. Students who earn high SAT scores are more likely to have parents who can support them in college and help them connect with more job opportunities in lucrative fields. The SAT does help provide some poor students with more opportunities to attend college, but it can also contribute to keeping people where they are on the economic ladder. As I've said, though, there are far more complex and deep-rooted societal forces at play here than standardized testing. The SAT can measure career potential to a very limited degree, but there are so many other factors that exist in the job market that nothing is set in stone. The skills you'll need to do well in a job may be very different than the skills you needed to do well on the SAT. Since the SAT tests knowledge of relatively simple concepts and ideas, it may not be the best predictor of whether someone will do well in an advanced job that requires a lot of specialized knowledge. It also won't be able to measure a person's emotional intelligence and ability to manage others, which are key factors in determining whether someone will advance in most job fields. The revised 2016 SAT represents an effort by the College Board to remedy these issues with the test. The goal of the current format is to test material in a way that makes more practical sense and considers the skills that students will actually need upon entering the job world. Setting aside the extra features of the latest version of the SAT, judgments of career potential need to take education level and major type into account. On average, STEM majors make more money than humanities majors even if both students have equal test scores and equal overall intelligence. If you plan to use your SAT scores to judge whether you'll succeed in a career field in the future, you should think twice. There are many other factors, including your specific career interests, the amount of prep time you put into the SAT, and the educational experience you had in high school that may make your scores more or less indicative of your potential. If you work hard, you too can have a career in jumping up to progressively higher orange rectangles. This guy is really living the dream. What Will Your SAT Scores Really Tell You? Should You Listen? Is it useful for you to judge yourself based on the results of a standardized test? In some cases yes, and in other cases definitely not. SAT Scores Are a More Useful Measurement If: You're Planning to Apply to Colleges That Require Standardized Test Scores If the colleges where you're applying consider SAT scores in their admissions decisions, you'll have to make judgments about where to apply based on your performance. Your SAT scores will help you estimate your admissions chances at different colleges. After comparing them to the statistics, you can set logical improvement goals or make an informed choice not to waste time applying to schools that are too selective based on their average score ranges. You Have a Low GPA If you have a low GPA, you should take your SAT scores more seriously as a measurement of your ability. High scores can make a big impact on your chances of college admission even if your overall performance in high school wasn't great. If you earn high scores with a low GPA, your scores might also compel you to think more critically about why you're doing poorly in school. High scores might indicate that your academic potential is greater than you thought. Your Scores Are Especially High or Low If you have extreme SAT scores (outside the average range of 1000-1100), they may be a more useful measurement of your abilities. If your score is lower than 1000, consider whether you have any major knowledge gaps you need to address that might cause you problems later in college. If your score is higher than 1100, you can assume that you have fairly strong reasoning abilities and knowledge of basic high school subject matter. If your scores are XTREME, you should pay more attention to them. SAT Scores Are a Less Useful Measurement If: You Plan on Applying to Test Optional Colleges If you're planning on applying to colleges that don't require you to submit SAT scores, there's no need to consider the SAT as a measurement of your ability. You don't have to show your scores to these colleges if you choose not to, so your performance won't impact your chances of admission negatively. You Have a High GPA If you have a high GPA, your SAT score is a less critical measurement in the college application process. It's still important if you want to attend competitive schools, but you have the option of applying to test optional colleges or less competitive schools where your high GPA will be enough to prove your academic qualifications. When I say a "high GPA," I mean any GPA that indicates that you've earned mostly As in challenging classes. This could be anywhere from a 3.7 to a 5.0 depending on whether your school uses a weighted or unweighted GPA scale. Even if you have an SAT score that's not stellar, you'll most likely be able to get into college based on your high GPA. You may still have some trouble if your SAT score is below average (lower than 1000). However, if you have a low SAT score and a high GPA, this might mean that the SAT isn't a useful way for you to measure your academic abilities. The Bottom Line: Don't Judge Yourself too Harshly Based on Your SAT Scores SAT scores represent a limited measurement of cognitive abilities. They can vary greatly based on each student's level of preparation and high school experiences. You should pay attention to scores that are especially low or high so you're aware of your strengths and shortcomings in the context of the material that's being tested, but don't let your SAT scores completely dictate judgments about your potential. If you're really concerned about your scores, you can improve them by following a focused study plan! What's Next? Not sure whether your SAT score is "good enough"? Read my article on the different ways you might define a good SAT score based on your personal goals. If you're trying to raise your scores, check out these 15 tips that will help you do better on the SAT without too much extra studying. If you've taken the SAT multiple times, you might not be sure which score will be the most relevant when applying to college. Find out which SAT scores colleges will look at when judging your application. Want to improve your SAT score by 160 points? We have the industry's leading SAT prep program. Built by Harvard grads and SAT full scorers, the program learns your strengths and weaknesses through advanced statistics, then customizes your prep program to you so you get the most effective prep possible. Check out our 5-day free trial today:

Turn around a plant of an engineering company thats losing money Literature review

Turn around a plant of an engineering company thats losing money - Literature review Example The engineering plant in Plymouth is currently losing out money which has been accounted to major areas of difficulty that have been identified in the operation of the engineering plant in Plymouth. The company manufactures chemical pumps for use in pumping a wide range of fluids like the oils, industrial fluids, chemicals, petrol, diesel, etc. The chemical pumps manufactured by the engineering plant of the company in Plymouth have been of poorer quality and a large number of pumps are being sent back by the customers for repairing. This has been eating up productivity time for the engineering plant in Plymouth and the company has been engaging into repetitive work that involved wastage of time and money required for scaling up the production levels. The relationship with the suppliers is also an area of problem (Kozami 46). The suppliers of the Plymouth engineering unit are frequently late in delivering the components and parts of the chemical pump. There have been increasing reluct ance of the suppliers in dealing with the company and supplying the parts required to assemble, manufacture and repair the chemical pumps. The third area of problem increases with the dissatisfaction of the customer as they tend to move away due to the extended time required for repairing of the products and the lower quality of products. The machineries and equipments used in the plant have become old and are subject to frequent breakdown. The replacement parts for repairing the machineries have also become difficult to obtain. Although the workforce of the Plymouth plant is skilled, their morale have been down due to the risk of closure of the plant and few workers fear that the management trainee has been sent to the plant for hastening the process of shut down (Bechet 78). All these are major problems that have been identified for the engineering plant in Plymouth. Review of literature: ways to handle problems in short term and long term A review of the literature provides the w ays to handle problems in the engineering plant in the short term and long term considering the situational problems due to which the company has been facing major difficulties in its operation with the internal and external stakeholders. The literature review suggests that every engineering plant faces the challenge of maintaining its equipments and machineries with time as they grow older. The engineering plants have also struggled to maintain the quality of its product due to several challenges of finance, relationships with the suppliers, etc. The ability to manufacture high quality products on a sustainable basis, provide repairing services to the customers, maintaining strong relationships with the customers and keeping high morale of the workforce of the engineering plants have determined the success level of the engineering plants (Sekhar 56). The engineering firms have adopted effective ways to ensure that they are able to handle the problems in their manufacturing units in the short term without moving to a position where they could easily run out of funds. In cases where the companies have faced situations in which the workforce have been down in morale, the managers of the engineering plants have held meetings with the workforce where it has explained that there is

Business Essay Example | Topics and Well Written Essays - 250 words - 23

Business - Essay Example It is vital for tracking supply components and management’s communication to workers. Another prominent way in which workers may utilize tablets or smart phones regards the system of instant messaging. It was previously regarded as personal. However, it proves as a fast and a cost-effective way of communicating. As regards to this system, managers and fellow workers can be aware of the workers that are assigned at their desks. It proves as an effective way of attaining crucial and fast information. There are two security concerns that a business may have with employees that communicate outside a network. A crucial concern pertains to the issue of confidentiality (Salomon, 2003). This regards the concept whether information is available to the right entities’ or owners. An example regards the aspect of a credit card transaction. Such information should only be available to the buyer and seller. In this aspect, credit cards require encryption in order that it remains inaccessible to other networks and others individuals. Another critical issue concerns with the aspect of data integrity (Salomon, 2003). In data integrity, the same should not be modified in an undetectable way. The breach of integrity occurs when another force modifies data during its transit. Users can attain harm on the breach of data. This regards the alteration of personal information that may implicate an individual fraud or

Sanctions in Criminal and Civil Law Essay Example for Free

Sanctions in Criminal and Civil Law Essay Answer to Question 1 Sanctioning or Punishment is the act of imposing an unpleasant condition upon a subject in order to stop an undesirable behavior that he has displayed. The main rationale is that if people are harmed for their wrongful conduct, such wrongful conduct will no longer continue in the future.[1]   In law, there are two general types of sanctions – civil and criminal.   A civil penalty or sanction is one that is imposed upon a person who commits a wrong. Its purpose is to compensate the state or the injured person rather than to punish the act committed. (wikipedia, civil penalty). In simple terms, it would be to correct a wrong committed through the payment of damages or compensation.   Penalties can also be agreed upon as in the case of contracts. The parties to a contract can agree that each will pay a certain amount as damages in case a breach occurs. Although this is not a state-sanctioned penalty, this is allowed under the people’s general freedom to contract.   A criminal penalty is one that is imposed to punish a person for his wrongful conduct.   Forms of penalties Fines Persons are punished by making them pay money to the state. Confiscation The objects of the crime are confiscated in favor of the state or the offended party. For example, stolen goods are taken from the offender and returned to the original owner. Demotion In the military and in government offices, persons found to be guilty of offenses against the law may be demoted in rank or even dismissed from service. Loss of civil rights A person convicted of a crime may be stripped of certain rights like the right to vote or the right to run for office. Forced labor / Community service Persons convicted may, instead of serving time in prison, render community service without compensation. In some places, convicted persons are sent to labor camps to perform manual labor for the state. Imprisonment Persons convicted may be separated from society and sent to prison for a period of time. After serving time, he will be released and will then be allowed to rejoin society. Rehabilitation Persons convicted for certain crimes like drug abuse will be sent to specialized institutions for rehabilitation. Banishment In some countries, persons convicted of crimes may be banished or sent away from their localities. Retraining orders   Those convicted of violent crimes can be prohibited from further approaching their victims through a restraining order. Public humiliation For some crimes or undesirable behavior, persons may be punished by making their acts known to the public through publication or announcement. Corporal punishment In some countries, persons may be punished by flogging or whipping. The number of lashes will depend upon the severity of the offense. Capital punishment In many countries, people may be hanged, short, electrocuted or submitted for lethal injection for the most serious crimes.   Specific Reasons for Punishment [2] Deterrence Deterrence means dissuading someone from committing the same acts in the future. It is about sending a message to society that the cost of doing such an act outweighs the benefits and, therefore, it would not be worth doing. By punishing one who violates the law, other will become fearful of committing the same violation. Incapacitation By imprisoning offenders of the law, society is protected from them. For as long as they are placed in confined space and monitored closely, then the community will be safer. This is concerned with keeping violators of the law in control by separating them from the law-abiding members of society. Rehabilitation Some punishments are designed to change or rehabilitate the wrongdoer by making him understand that his behavior was wrong and that he must not commit the same offense again. It is about changing a person’s attitude and making it very clear to him that his actions were harmful to himself and to society and that they must never be repeated. This idea is based on the belief if any real change is to happen, violators of the law must be taught to take responsibility for their own actions and they must be given the chance to undo their mistakes and reform their ways. Restoration For minor offenses, the wrongdoer might be given a chance to â€Å"right the wrong† that he committed. For instance, if a person commits vandalism by spray-painting a wall, he might be punished by forcing him to clean up or repaint the wall. The purpose of this is to offset bad behavior with a corrective act. Retribution Some people continue to believe that the harm inflicted on the wrongdoer is a good in itself even if no person benefits from it in reality. This philosophy emerged from the very old belief of â€Å"an eye for an eye† – meaning that any person who commits a wrong must suffer the same wrong. This philosophy has long been abandoned by the greater part of civilized society. Protection of Values Punishment can be seen as an act of honoring the values of society. By punishing a murder, the state shows that it honors the value of human life. By punishing burglars, we protect the value of property. Current trends Today, experts in criminal justice and corrections are moving towards the idea of reformative or restorative justice[3]. It seeks to use peaceful approaches to rid communities of criminal activity. This theory does away with retribution and revenge. It emphasizes that such violence will only cause society to deteriorate. Communities must participate in the reformation of socially deviant persons by giving them opportunities at a better life. This approach focuses on reconciliation between the victims and the offender. It gives the offender a chance to turn a new leaf and correct the wrongs he has committed. Punishment includes the expression of remorse and restitution for the harm done.   Instead of allowing persons to languish in prison unproductively, theorists argue that those convicted of crimes must be given a chance to look forward to their reintegration into society. Without this hope for reintegration, they will have no incentive to reform their behavior or correct their mistakes. They must be treated with dignity and they must be allowed to work hard to regain society’s faith and trust in them.   There is no single form of restorative justice. Some legal systems give the offenders and the victims opportunities for reconciliation and restitution. Some systems allow offenders to render community service so that they can learn to be more responsible and productive rather than just serving idle time in prison. Some systems use professional counseling as a way to educate offenders and allow them a chance to express their own thoughts and feelings about their actions.   Although many restorative justice initiatives have been found to be very successful with adult offenders, most of the efforts today are focused mainly on juveniles in conflict with the law. Conclusion Different cultures and legal systems in the world continue to debate on the purpose of punishment. There is one thing, however, that is universally agreed upon: punishment is necessary for an orderly society.   For any legal system to work, people must be informed of what is right and what is wrong. Punishment makes these lessons clear because it gives teeth to any law that prohibits a certain action. Without punishment, people will do whatever they want with impunity and without any restraint. There is great interest in defining what the acceptable norms and behaviors are in society and these standards can not be preserved unless some form of punishment is imposed upon those who wish to oppose these standards. Social control is always necessary in any civilized society. People have to be kept in line by exercising their rights in the proper way without harming the rights of others. Without penalties, the laws can never be enforced. They will remain as empty statements of ideals without any real coercive value to back them up. If any society is to flourish, undesirable behavior must be punished and good behavior must be rewarded.   The important thing to keep in mind is that any punishment must always be proportional to the wrongful act it seeks to correct. If it is too light, then there is great risk that the behavior might continue. If it is too harsh, then there is blatant injustice and instead of setting a man right, it might destroy his spirit completely and instead of mending his ways and reintegrating into society, he runs the risk of deviating even further from acceptable social behavior.   It is also important that substantial and procedural due process is strictly complied with. A person must be proven and declared to be deserving of a sanction before it is meted out upon him. The person to be sanctioned must be heard and allowed to defend himself in court with all legal means in his disposal. Sanctions and punishments must always be an incident of justice and never against it. People need to know that they will be punished for wrongdoing but they must also be given the guarantee that any person who is accused of wrongdoing will be treated fairly. Just as society becomes more orderly with a fair and impartial justice system, only chaos will result from an arbitrary and oppressive one.   Answer to Question 2 Under The Employment Equality (Sex Discrimination) Regulations 2005[4], provides that that a person subjects a woman to harassment, including sexual harassment, if: â€Å"(a) on the ground of her sex, he engages in unwanted conduct that has the purpose or effect – (i) of violating her dignity, or (ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, (b) he engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect— (i) of violating her dignity, or (ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, or (c) on the ground of her rejection of or submission to unwanted conduct of a kind mentioned in paragraph (a) or (b), he treats her less favourably than he would treat her had she not rejected, or submitted to, the conduct.† It is clear that the offensive remarks and the acts of placing offensive pictures on Nicola’s desk by her male colleagues constitute sexual harassment. Although the act of asking her out to dinner is not, in itself, an act of sexual harassment, when coupled with all these other acts, it may be considered part of the whole group of offensive acts committed against her. Considering that Nicola has already approached her employer who is obliged by law to act on her complaint, it is her right to take the matter to the appropriate government agency. I advise Nicola to make notes on when these instances occurred, who were involved and what happened exactly. She must get her facts straight. She must also get a written copy of the results from the investigation. As to the acts antecedent to the investigation, Nicola must keep copies of the inappropriate emails and organize them according to their date. It would be most wise for her to seek help from her union with regard to advise and representation[5]. With the information in hand, she may now take her complaint to an employment tribunal. It must be noted that Nicola must file her complaint with the tribunal within three months from the time her employer concluded his investigation or from the last instance of harassment[6]. If she is later unsatisfied with the decision of the tribunal, then she can choose to appeal to an employment appeal tribunal. The present law against sexual discrimination will only be effective if the victims themselves assert their own rights. First, they must not be afraid to approach their harassers and tell them that the acts committed are unacceptable. The must not take these acts â€Å"sitting down† but rather, they must send a clear message that this kind of behavior will not be tolerated. Second, the victims must keep in mind that it is the legal duty of their employers to act on any sexual harassment complaints. The victims must approach the employers first and make a complaint to them. If it becomes clear that the employer is unwilling or unable to act upon the matter, then the victim must bring the complaint to the employment tribunal within the appropriate period. Third, sexual harassment is a serious concern of employment or labor unions. Victims must be able to approach their unions for assistance. Unions must be able to protect their members especially from serious offenses like sexual harassment. [1] Punishment, at http://en.wikipedia.org/wiki/Punishment (last accessed July 30, 2006). [2] Specific reasons for punishment, at http://en.wikipedia.org/wiki/Punishment (last accessed July 30, 2006). [3] Restorative Justice, at http://en.wikipedia.org/wiki/Restorative_justice (last accessed July 30, 2006). [4] Statutory Instrument 2005 No. 2467, The Employment Equality (Sex Discrimination) Regulations 2005. [5] Sexual harassment: new law in force in UK, at http://www.out-law.com/page-6187 (last accessed July 30, 2006). [6] Sexual harassment, at http://www.bbc.co.uk/crime/law/sexualharassment.shtml (last accessed July 30, 2006).

Herman Melville Essay -- Biography

Many American novelists appeared during the harsh times that slavery existed. Herman Melville was one of them. Dying as one of the most unknown authors, his works came again and had major success. Despite not gaining major success during Melville’s time and receiving harsh criticism as well, Herman Melville remains one of the most important American novelists for his use of reoccurring themes and discrete symbols within his works. Born in New York in August 1819 (Szumski 13), Melville was full of imagination and his father’s treasures added to his creative mind (Robertson 33). Melville’s father was extremely successful, therefore giving Melville an advantage in life at an early age (Szumski 14). When his father passed shortly after the downfall of his company, Melville got multiple jobs to provide for his poor family (Szumski 14). Melville was just 12 when his father had passed away (Szumski 13). He felt even more pressure due to his older brother’s achievements as he already struggled with the desire to gain acceptance (Robertson 34). Herman Melville attended a strict New York Male High School and, ironically, struggled at a young age to read and write (Bengtsson). He had difficulty gaining approval of family members and his father once said, â€Å"Your little protà ©gà © Herman, although a monitor at the High School, is rather indisposed this evening.† (Robertson 35). Regardless of the negative feedback towards Melville himself, he never gave up trying to win the acknowledgement and acceptance of his family (Padilla). At just 20 year old, Melville went on his first journey across the sea; this was the start of his significant inspiration for years to come (Robertson 34). Sailing from New York to Liverpool would begin t... ...layed out in his lifetime (Spark notes). Some say that Benito Cereno is expressing Melville’s apprehensiveness on the topic of slavery and slavery itself (Spark notes). People overall felt great rigor in his works with the way Melville presented his characters and the motives of those characters (Bloom 33). They had a good idea that the readers of Melville were represented as the lawyer in Benito Cereno. Many of his readers noted that many of the characters had multiple sides to themselves which made it difficult to follow along. Although some found it hard to keep up with, they still pointed out many uses of Melville as a hidden symbol (Bloom 34). Although Melville went through troubling times and received harsh criticism, his works will remain some of the best novels ever written because of their unique structure, basis, and inspiration for his stories.

Progressivism from the Grassroots to the Whitehouse

Progressivism from the Grass Roots to the White House (1890-1916) Political movements in history coincide with momentous revolutions. Here in the United States, the industrial boom brought about the growth of large railroads, development of corporations, rapid expansion in urban areas and new socio-economic defined groups. In 1886 progressivism began in the United States in response to the rapid modernization and the accompanying social ills. Progressivism was defined as the â€Å"political movement that addresses ideas, impulses and issues stemming from modernization of American society. Emerging at the end of the nineteenth century, it established much of the tone of American politics throughout the first half of the century† (Harriby, 1999). The United States was experiencing a period of urban growth, economic distress, labor unrest, unemployment, low wages, unfair labor practices, and deplorable living conditions. Large numbers of international immigrants arrived daily to work in this newly established industrialized society, while escaping the harsh realities of their native countries. As the shift from agriculture to industry/manufacturing droves of people relocated from rural to urban northern communities. As in most societies, the focus had moved to commerce versus the needs of the people. In the midst of a religious awakening after visiting the settlement house in London, England, Jane Addams noted how this new movement was impacting London and challenged social Darwinism’s theory of survival of the fitness. Families were bettered because of the social work being done. She and a fellow seminary student, Lillian Wald started the Hull House in the Chicago ghetto. This mansion became the center of life for thousands of immigrants, launching the settlement house movement in the United States. The houses confronted the social problems by reforming individuals and society. Efficiency and expertise became the watchwords of the progressive vocabulary. Children’s services were provided, namely nurseries, kindergarten and afterschool programs, mothers were taught simple skills and working women later formed trade unions for laborers. Training programs were developed to ensure that welfare and charity work would be undertaken by trained professionals. Child labor laws were enacted giving children the opportunity t to go to school, organized labor unions were formed supporting goals of eight-hour work days, improved safety and health conditions, workers’ compensation laws and minimum wages for women. The movement picked up momentum and was joined by church leaders seeking social purity by pushing prohibition. Progressivism became prominent at every level of government, giving voters direct voice in legislative and judicial matters with initiatives, referendum and recall. Some of the notable politicians who subscribed to the progressivism philosophy were: Mayor Thomas Lofton Johnson from Cleveland, Ohio who fought for fair taxation. Hiram Johnson, California Governor (1911-1917) and U. S. Senator (1917-1945), promised to return the government to the people free of corruption and corporate influence. The focus became to give honest public service. From 1901 to 1909, President Theodore Roosevelt steered away from the persistent passivity of his predecessors and promised the American people a Square Deal, emphasizing that the average citizen would get a fair share under his policies. He demonstrated his willingness to challenge large corporations (trusts) by using the power of the government to control businesses. He championed the railroad reform giving power to the Interstate Commerce Commission (ICC), the establishment of the Pure Food and Drug Act (banning impure or falsely labeled food and drugs from being made, sole and shipped) and the Meat Inspection Act (banning misleading labels and preservatives that contained harmful chemicals). One of his most lasting legacies was his significant role in the creation of 150 National Forests, five national parks, and 18 national monuments, among other works of conservation. In total, Roosevelt was instrumental in the conservation of approximately 230 million acres (930,000 km2) of American soil among various parks and other federal projects (I. E. Cadenhead, 1974). Initially the Progressive movement sought to improve the lives of white middle class citizens, it than expanded to include women and lower classes. Many of the core principles of the Progressive Movement focused on the need for efficiency in all areas of society. Purification to eliminate waste and corruption was a powerful element† (DeSantis, 2000). Jane Addams once said, â€Å"Unless our conception of patriotism is progressive, it cannot hope to embody the real affection and the real interest of the nation† (Jane Addams). Now the movement encompasses persons whose civil rights are challenged, such as the minorities, such as: GLBT (Gay rights), immigrants, and Socialists. The self applied term is generally used by people to the left of the Democratic party. Some of the well known progressives include Cornel West, Al Gore, John Edwards, Ralph Nader, the late Ted Kennedy. Modern issues for progressives can include: electoral reform, environmental conservation, pollution control, same-sex marriage, reproductive rights, universal health care, death penalty, and affordable housing.