Management Theory Analysis Of Case Study Business Essay

Management Theory Analysis Of Case Study Business Essay In present, the success of an organization significantly depends upon its management and the theories or designs adopted by it for successfully handling its different aspects. The concept of management is been used from last several years but applied in different manner. The different use of management has been evolved in the form of management theory. The concept of management theory has developed from classical theory, bureaucracy, human relations, and social psychological schools, systems and contingency approaches to contemporary management approaches. All the above mentioned management theories have been given by different theorists with their own viewpoints and assumptions that can be applied in workplace according to the needs. Nowadays, application of management theory is important because it assist organizations with an approach to make its entire people more productive. IT facilitates individuals and professional with diverse approaches and tactics that they can use to manage their business and human resources. The vital key to an organizations success is its people and if it is able to manage them, it can effectively attain its pre-determined goals. All the aspects management, management theory, contemporary theories of management, organizational designs, enterprise within organizations and organizational structures are somehow related to each other. All of these are different but interrelated as these are used by a firm to manage its processes, operations and resources. All of these aspects and development of management theory will be discussed in detail in this assignment in concern to the given scenario of Computing for Commerce (CFC). This assignment will be done with the help of analyzing all previous researches done in this field and its applicability in workplace. A number of theorists and researchers have analyzed the management theory and its practice at workplace. They have given several theories or approaches that can be used to improve the productivity of workplace. These different theories and approaches will be analyzed to understand the applicability of management theories and approaches in workplace. The company selected for the discussion and applicability of management behaviour and theory is Computing for Commerce. It was established by Nico Van Barneveld in 1984. It was started as centralized payroll bureau that handle payroll transactions for companies who are too small to run their own payroll departments. It produce monthly payroll statements, transfer funds into employees bank accounts and calculate monthly tax deductions which are paid to the inland revenue on behalf of its clients. From the time of its origin, the size of its customers has grown from 50 customers to 300 customers. The company operates with a flat structure and still runs everything in a hands on manner. Critical Review of CFCs Management Style and Practices In 1984, when Nico Van Barneveld founded Computing for Commerce, it was serving only few customers. Now, as company has expanded in terms of its operations and customers it should adopt some different approach rather than only a flat organizational structure or conventional management styles and practices. The management practices and styles adopted by CFC was effective in old time but now, it is confronting severe issues and it is all because of its ineffective style of management. The concept of management exists from past some centuries but it has become substantial from last few decades. This is because of the failures confronted by various organizations in concern to their management behaviour and practices. From last some decades, CFC has confronted several opportunities as well as challenges and it is all due to increasing globalization and rising level of competition. For capitalizing on existing opportunities and minimizing the effect of heightening challenges, it adopted different expansion strategies. The expansion strategies assisted the company in enlarging its customer base, but it didnt help it in managing its operations and resources. The company employees were dissatisfied that evidences that it should have adopted some effective management theory as from last several years a number of management theories have emerged. Theories like classical theory, bureaucracy, human relations, and social psychological schools, systems and contingency approaches could significantly assist business organizations (Miner 2007). The adoption of different management theories would have facilitated CFC with an appropriate management style or practice to manage their operations and as well as their resources like finance and human resources. This could also be understood with the help of discussion of the development of management theory, different schools of management and their implications for the organisation of CFCs challenges and opportunities. Classical Organizational Theory: The classical organizational theory developed throughout the first half of this century. This management theory is merger of Taylors scientific management, Webers bureaucratic theory and Fayols administrative theory (Almashaqba Al-Qeed 2010). Classical organization theories pertain to formal organization and concepts for increasing management efficiency. Taylor introduced scientific management concepts in 1917, Weber gave the bureaucratic approach and Fayol explicated the administrative theory of the organization (Walonick n.d.). With the help of all these theories or some of these theories, CFC would have easily resolved its troubles related with the management of its employees and their distributions in the management of their work. These theories could significantly assist CFC in increasing its management efficiency as it is vital for the company with its increasing expansion (Organizational Theories n.d.). The advantages and disadvantages of these different classical theories in concern to CFC can be understood with their discussions: Taylors Scientific Management Approach: The scientific management approach was developed by Taylor and it is grounded on the conception of planning of work for attaining efficiency, standardization, specialization and simplification. This approach concentrated on the need of increasing mutual trust among management and workers as it is a key to increase productivity (Rimer 1993). If CFC also makes use of this approach, it can effectively plan all its operations and distributions of its employees or trainers. Taylor explicated the subsequent four principles of scientific management through which business organizations can improve their productivity: Old rules-of-thumb should be replaced by a scientific approach. Organizations should select employees on the basis of some analysis, and then should be taught, trained and developed. Concentrate on the need of cooperation among management and labor so that all work can be done in accordance to the developed scientific principles. Scientific training of the workers so that work can be divided effectively between workers and managers with effective planning and control (Walonick n.d.). With the help of this approach CFC may also plan and control all its business operations like payroll transactions and PC Application training. The allocation of local centre managers and trainers would also be done on scientific basis. This will assist the company in making formal divisions among its workers and managers and as well as in adopting systematic procedures (Almashaqba Al-Qeed 2010). On the other hand, this approach also has some limitations like in modern time it is not very much relevant as nowadays concentration on production is replaced by people. In modern time, companies cannot use their employees just as a mean of production they have to treat their employees in a fair and imperative manner (Miner 2007). Webers Bureaucratic Approach: Bureaucratic approach was given by Max Weber in 1947. He elaborated theories given by Taylor and emphasized on the need to abbreviate diversity and uncertainty in organizations. As well, he concentrated on the establishment of clear lines of authority and control. This bureaucratic theory also stressed on the need of a hierarchical structure of power (Walonick n.d.). It assisted the businesses in identifying the significance of division of labor and specialization. In addition to this, a formal set of rules was also bounded into the hierarchy structure so that companies can effectively insure stability and uniformity (Organizational Theories n.d.). By making use of this approach CFC can easily and effectively modify its flat organizational structure that is not suitable nowadays as it is expanding its operations. With the help of bureaucratic approach, the company can significantly develop as a formal organization based on structure, specialization, certainty and stability, rationality and uniformity. This formal structure will assist the company in resolving all its present challenges and capitalizing on available opportunities. In addition to the above discussed advantages, this approach also has some limitations as it will not assist the company in the management of aspects like inflexibility, impersonality, displacement of aims, limitation of classification and self-protraction. It will bring forth a vertical organizational structure that will give rise to many levels of management. Many levels of management will increase complexity and difficulty in attaining coordination. Administrative Theory: The last significant classical theory is Administrative theory that is also known as principles of management. This theory was validated in 1930. It was developed by Fayol in 1949. This theory stressed on the development of a universal set of management principles that could be applied to all organizations (Organizational Theories n.d.). The different elements of this theory are associated to the accomplishment of tasks, principles of management, the conception of line and staff, committees and functions of management. This theory assisted in the identification of the management principles rather than personal traits. Other theorists only shared their beliefs but Fayol was first that recognized management as an ongoing process of evaluation. By making use of this theory CFC can significant attain several advantages in terms of functions of management (planning, organizing, training, commanding and coordinating), line and staff and principles of management (Sapru 2006). All these concepts will assist the company in managing its business operations, customers, stakeholders and other associates. The 14 principles of management will help the company and Nico in an effective management of its organization and its resources. The company will become able in dealing with all its existing issues related with management of operations and resources (Walonick n.d.). In addition to all these advantages, the company may also confer some disadvantages if these principles are not managed in an appropriate manner. It may increase chaos and confusion among the company and its employees. With the discussion of classical theory, it can be said that it can help CFC in the management of its organization but it is very rigid and mechanistic. In this theory, employees have minimum power over their jobs and working conditions that is not relevant with modern era. In modern era employees are given significant preferences in spite of production as until or unless they are not happy, a firm may not attain its objectives. Neoclassical Organization Theory: Neoclassical theorist stressed on the significance of individual or group behaviour and accentuated on human relations. On the basis of the Hawthorne experiments the neoclassical approach stressed on the development of social or human relationships among the operators, researchers and superiors (Organizational Theories n.d.). The considerations of this theory were more pertinent to rendering productivity rather than only making changes in working conditions. The neoclassical theorists argued that business can attain productivity increases by developing high morale. High morale is affected by the amount of individual, personal and close attention workers receive (Mirowski 1983). By making use of this theory, CFC can effectively develop its employees rather than only adopting changes in work pattern or conditions. This theory can facilitate company and Neo on concentrating on human nature aspects. With the help of this management practice, CFC will become able in establishing an informal organization structure and focussing on the development of its employees (Walonick n.d.). With the implication of this theory, Neo will become able in understanding that an employee is not a mechanical tool. An employee is a social being who have several aspirations that affect his performance and productivity. This understanding would assist Neo in developing the productivity of his employees by providing them effective opportunities and motivation. With the application of this theory Neo will also become able in understanding the importance of work group and participative management. Participative management will assist CFC in attaining all available opportunities and in expansion and resolving issues of employee dissatisfaction. Work group will assist it in deriving the benefits of synergy. In this way, this theory will substantially help CFC in the management of its employees that are most vital aspect of a business growth. In addition to above discussed advantages, this theory also has some disadvantages. The management behaviour and practices rendered by this theory sometimes may create failure as there is lack of monitoring that is vital. This theory implies for loose control over subordinates that is not applicable in present competitive environment. At some extent it is essential to monitor subordinates as otherwise they may divert from the given duties or responsibilities. Contingency Theory This theory is a kind of behavioural theory that asserts that in general there is no effective way to systematize a corporation, to direct it and undertake decisions. In spite of this, the best way to manage an organization depends upon its internal and external situation. It was developed by Chandler in 1962 and Lawrence and Lorsch in 1969. In respect to this theory different contingent approaches were developed in the late 1960 (Bacher 2007). Contingency theorists suggested that previous theories like Webers bureaucracy and Taylors scientific management had broke down because they overlooked the environment (Walonick n.d.). In modern time, management style and organizational structure of a firm is substantially influenced by its internal and external environment or contingency factors. If CFC make use of this theory can effectively resolve all its troubles related with expansion and management of its operations. An analysis of its environment will significantly help the company in its future business decisions (Organizational Theories n.d.). With an internal environment analysis, the company can easily identify the substantial reasons of its employee dissatisfaction and level of their performance. On the other hand, external environment will assist it in its future business planning and decisions. With the use of contingency theory, the company will effectively become able in managing its conflicts rather than avoiding it. In addition to these advantages, this theory also has some disadvantages like it is applicable only in a situation when organizational environment is unstable or changing (Jacques 2007). As well, this also demands management time, money, and effort so that coordination can be attained. Systems Theory This theory was suggested by Hungarian biologist Ludwig von Bertalanffy in 1928. This theory emphasised that all the elements of an organization are interconnected and if there occurs change in a variable it might affect several others also (Northouse 2009). In concern to this theory, organization is considered as open system that is continually interacting with its environment. By applying this theory CFC can effectively derive immense success. It will assist the company in shaping its reality on the basis of its actions. It will help Neo in understanding how its own actions have shaped its present position and that in turn will boost his confidence. With this, he will become able in understanding that its success is related to all its business elements (Kast Rosenzweig 1972). If it makes changes in an element it has to evaluate other elements also so that determined objective can be attained effectively (Walonick n.d.). This theory will help CFC in focussing on all its business elements rather than at a single element. Additionally, it also has disadvantages like its concept of nonlinearity adds massive complexity to understanding of organizations. Its nonlinearity introduces significant complexity and that makes it difficult to understand the relationships between variables. This may also drive CFC towards confusion so it is better to understand its affectivity so that complexity may not arise (Organizational Theories n.d.). The relationship among all its business variables needs to be identified for effective functioning. Approaches to Contemporary Issues in Management Nowadays, the new conception of management has entirely replaced the traditional perspectives of management. In present managers from all around the world are trying to seek new insights about how they can lead in a much better manner and how they can motivate, organise and manage their organisations (McKenna 2000). All these efforts of universal managers are highly affected by the contemporary issues of management confronted by them. With the increasing globalization and healthy world trade conditions, more and more companies are trying to operate at international level. All companies want to reach at the benefits of global expansion so that they can reap the existing opportunities. The effect of globalization has forced companies to move into foreign markets that in turn present several issues in front of managers in concern to management (Daft 2009). They are confronting issues like decreasing level of motivation, downsizing, managing diversity, and management of rapid change and meeting with the competing demands of all stakeholders. Similar is the situation with CFC and need to be managed effectively. All these contemporary issues in management can be resolved effectively at CFC by making use of advanced approaches towards employee motivation, management style, change management and fulfilling competing demands of all stakeholders. For motivating its employees the company can make use of approach of employee empowerment. This will develop self-leadership among CFCs employees and they will become authorized to lead others (Jacques 2007). The deliverance of authority to employees will increase their motivation towards the fulfilment of CFC goals. In addition to employee empowerment, the CFC may also make use of different types of management styles and change management approaches. Both of these will assist the company in responding to change in its internal and external environment. For managing its internal environment the company should make use of participative management style as this will assist in the development of flexible management (Holbeche 2006). It will heighten the communication among company managers and employees that in turn will increase their level of performance. The changed management approach like planned change will assist the company in dealing with its external environment and effect of globalization (Luthans 1998). Participative approach towards management and effective modes of communication will assist, CFC in significantly meeting with the competing demands of all its stakeholders. Internal and external environment analysis will assist it in understanding the needs and requirements of its customers, suppliers, employees and shareholders (Harris Hartman 2001). In this way, it can be said that in present there are various approaches that can be used by CFC for dealing with the contemporary issues of management. Evaluation of CFCs Enterprise Culture Consideration of its Operating Structure CFC is a small size firm and its enterprise culture is not as effective as it need to be in present time. The company operates in the simplest manner and does not give importance to social values of employees, associates and its stakeholders. Due to its weak enterprise culture it confronts several issues in concern to its employees, associates, stakeholders satisfaction. The company operates as a sole trader that has several advantages as well as disadvantages for it (Murray, Poole Jones 2006). The only person that owns the CFC is Neo. In this type of company structure, Neo being a sole proprietor has absolute control over his business and he is totally responsible for its management. This type of structure has little start up costs and it is elementary. All the profits made by this type of company structure are kept by Neo only and it is quite flexible as whatever changes are required can be made easily. On the other, this structure also render Neo with several disadvantages like he has to manage all business related tasks and as his business is expanding, it will become difficult for him only to manage all business operations. He is exclusively responsible for paying all debts and it is also difficult for a sole trader to raise funds for expansions (Spedding Rose 2008). With the discussion of these disadvantages of sole trading, it can be said that the CFC should make use of some other company structure. Now as company is increasing in its size and customer base than it should make use of following company structures: Limited Companies: Limited companies subsist with their own right. The companys finances are distinguished from the personal finances of their proprietors. Shareholders may be people or other companies and they are not accountable for the companys debts unless they have given guarantees. The main types of limited company are private limited companies, public limited companies and private unlimited companies (Pride, Hughes Kapoor 2009). In this type of business structure, there is limited liability. It means that each shareholder or member is liable only at the extent of the amount invested by him. This type of structure also avoids double taxation. On the other hand, it also has some limitations like restrictive transfer of ownership (Needham Dransfield 1994). Partnerships: In this type of company structure, two or more people share the risks, costs and responsibilities of business. Each associate is self-employed and enjoys a share of the profits. In this type of company structure, partners make decisions by coordinating with each other that usually results in assured success. It reduces the risk of individually running and managing a business (Spedding Rose 2008). It is a relatively simple and flexible way to manage a business. On the other hand, it also has some disadvantages like it is not essential that both the partners follow all established rules and ethics. They may take advantage of other for fulfilling their own needs. Co-operatives: It is a distinct type of business structure that is user-owned and user-controlled business that allocates margins to its users on the basis of use of patronage. This structure authorizes its users to attain ownership by patronizing the business. It also has risks like uncertainty, and follows up of established code of conduct (Pride, Hughes Kapoor 2009). With the above discussion of different types of business structures, it can be said that CFC should make use of some other operating structure in spite of sole trading. As now, the size of company is increasing in terms of its operations, customer base and overseas expansion; it is not possible for Neo only to manage each business aspect. In this situation, he should adopt some other company structure like partnership or limited company. Analysis of CFCs Organization Structure From the time of its origin, CFC is operating with flat organizational structure. In the company everything runs in a hands on manner. The company has four key staff in the centre of the company that handle management functions like finance and marketing. As well, the company also has a dedicated central IT team of three people handling the payroll service. The company is running on flat organizational structure because it feels this structure is appropriate in accordance to its small size. With the help of this flat structure the company is able in attaining effective communication among its employees and management. It also assists CFC in the development of effective team spirit, less bureaucracy and rational decision making (Furnham 2005). In addition to these advantages of flat organizational structure, the company also confronts several disadvantages like it may limit its growth and structure. Functions of an individual or department could be blurred and merge with the job roles of others as there are not any distinctions between individuals roles (Daft Marcic 2008). With the discussion of these advantages and disadvantages of flat organizational structure, it can be said that CFC should adopt some other organizational design. As now companys operations and customer base is increasing day by day and it is also planning to establish its operations in overseas locations, the company should change its old organizational structure. Subsequent are the various organizational designs that can be considered by CFC for the effective management of its new overseas ventures: Functional Structure: It is a type of departmentalization in which positions are grouped on the basis of their main functional area. In other words, in this type of structure positions are grouped into units on the basis of similarity of expertise, acquisitions and work activities (Montana Charnov 2000). It is most common method of grouping activities. CFC can also make use of this structure as it will assist it in running its overseas operations effectively. With the help of this structure, the company will become able in grouping its several employees on the basis of their functions like marketing, finance, operations, management etc. It is a logical structure and can help the company in managing its increasing size and employee base. With the help of this functional structure, Neo will effectively utilize its greater variety of skills. This structure will provide clarity to its members regarding their roles and duties and with this they will get specialization in specific business area (Drucker 2008). This role clarity and specialization will develop employees leadership skills. Divisional Structure: A divisional organizational structure is a type of departmentalization in which positions are grouped according to similarity of products, services or markets. With the help of this organizational structure, CFC can divide its complex functional units into smaller, more flexible and administrative units. The functions of its payroll departments can be classified into different divisions (Luthans 1998). This will assist the company in promoting independent and self-contained units in its overseas ventures. This can also be used for managing its increasing size and technology. Employees satisfaction level will also increase with this type of structure as they will became independent and will operate according to their own rationality in concern to given goals. Each division or unit of the company will react quickly that is vital for operating successfully in overseas ventures. In addition to this, organization and coordination will also become easy and speedy (Storey 2004). Hybrid Structure: Other substantial organization structure that can be used by CFC for managing its increasing size and customer base is hybrid structure. This structure will assist the company in adopting both the functional and divisional structure at the same level of management (Agarwal 1983). With the help of functional structure, the company will become able in deriving advantages of economies of scale, greater competence of managers and competence in resource utilization (Murphy Saal 1990). As well, with the help of divisional structure it will become able in concentrating on its services and markets. Matrix Structure: The last significant organizational structure that can be used by CFC for managing its overseas ventures is matrix organizational structure. It is type of departmentalization that superimposes a horizontal set of divisions reporting relationships onto a hierarchical functional structure. With the help of this structure the CFC can take advantages of decentralized decision making. In addition to this, it will facilitate the company in attaining strong project or product coordination (Griffin Moorhead 2009). With this structure the company will become able in quickly responding to changes and making a flexible use of human resources. With the discussion of all substantial organizational designs, it can be said that CFC can easily make use of above discussed structures. With the help of these advanced organizational designs the company will become able in managing its overseas ventures by analyzing goals, values, cultures, size, technology and tasks. Evaluation of Global Issues that affect CFC and its New Venture In the last few years, Nico has seen the evolution of outsourcing as a most important new way of doing business. He has also decided that CFC must grab this opportunity on an international scale. In this concern he has determined to open an outsourced IT support centre in the far east to take account of the lower wage structure in that part of the world. He also have plan to open an outsourced call centre of more or less 200 people working from the overseas territory on behalf of approximately 50 UK based companies. For its global ventures, Neo has discovered three countries of interest that are Vietnam, Cambodia and Philippines. Nico knows very little about these countries working practices and environment that can negatively affect its operations. For handling with these global issues, it is essential that the company take into account existing market forces, barriers to trade and related aspects. Nowadays more and more countries are adopting and signing different agreements so that they can operate without any limits or constraints in foreign locations. The concept of free economy has emerged with the evolution of aspects like protectionism, trading blocs (EU, NAFTA etc) and importation quotas and import duties. By analyzing all these aspects and benefits limitations of free market, CFC can effectively enter the selected foreign countries (Pride, Hughes Kapoor 2009). Protectionism: It is the economic policy that limits trade between states with the use of techniques like tariffs on imported goods, protective quotas and a kind of other government ordinances. These constraints in this economic policy were planned to deter imports, and preclude foreign take-over of domestic markets and companies. This policy is intimately coordinated with anti-globalization (Hill 2008). It is a contrast to free trade that is still used in some nations but is been abolishing from last several years with increasing globalization. Trade Blocs: A trade bloc is a kind of intergovernmental placement that is mostly part of a regional intergovernmental organization. With these agreements regional impediments to trade like tarif

Discuss the drawback of the jury system as it is implemented in the UK

Introduction A jury in the UK generally consists of 12 randomly selected lay people that have been sworn conduct an impartial verdict as to whether a defendant is guilty or not guilty in a criminal trial. The objective of the jury system is to provide a just and fair outcome that could not otherwise be achieved by judges alone (Lesser, 2010: 12). It is believed that if judges acted alone, the decision would be a prejudicial, which would create unfairness. The human rights of the individual concerned would also be violated (Human Rights Act 1998, giving effect to the European Convention on Human Rights 1951). The most import concept of having a juror give a verdict is that juries may acquit a defendant in situations where a guilty verdict is demanded by the law (Elliott and Quinn, 2010: 233). An example of this can be seen in the case of R v Wang [2005] UKHL 9 where it was made clear by the House of Lords that a judge can never instruct a jury to convict a defendant. The jury system is therefore c onsidered an important part of the confidence society has in the criminal justice system. The Juries Act 1974 is the main governing legislation that regulates the jury system by signifying what persons are eligible for jury service as well as making provision for the right to challenge jurors. The Criminal Justice Act (CJA) 2003 is also capable of restricting the role of the jury by imposing further limitations on the eligibility criteria and by allowing trial by judge alone in certain circumstances. Whether these limitations are necessary is arguable, but it has been said that the jury is an outmoded institution that needs to be reformed. In light of this, the drawbacks to the jury system in the UK will be discussed in this study. Trial by Jury The jury system in the UK is highly controversial because on the one hand, juries are considered to provide important protection for citizens (Gastil et al; 2002: 585), whilst on the other they are considered to be costly, time consuming and unable to deal effectively with complex cases (Gastil and Weiser, 2006: 6). In addition, it has also been said that the jury system in the UK is outmoded and ineffective and that it should be abolished (Baksi, 2014: 1). Essentially, because juries are not being used as frequently as they once were, it is questionable whether they are in fact still needed (Zander, 2007: 157). In the majority of instances, a jury is not needed as a defendant will have submitted a guilty plea, yet in those instances where a not guilty plea has been entered, it has been said that juries are essential in ensuring that a fair trial is provided to the defendant under Article 6 of the ECHR and in the interests of justice. This was recognised by Thomas and Balmer when it was pointed out that; â€Å"there is an ancient right for an accused to be tried only by the lawful judgement of his equals or by the law of the land and even though there is no modern constitutional right to trial by jury in England and Wales, governments have found the public extremely unwilling to sanction further restrictions to jury trials† (2007: 1). This highlights the significance of jury trials and whilst there are many drawbacks, it is widely accepted that juries help to maintain justice. Conversely, it is believed by some that jury trials should be eradicated on the basis that they are largely ineffective on the basis that judges have a strong influence over the outcome of the trial (Stone and Dennis, 2003: 2). This was identified by Sanders and Young when it was evidenced that even though it is left to the jury to decide, beyond reasonable doubt, whether or not a defendant is guilty, â€Å"judges often exert a strong influence on the outcome and are far from being the passive impartial referee as depicted in adversarial theory†(2006; 496). Because of the influence judges exert over juries, it seems as though the jury system is a waste of time and expense. Furthermore, because juries do not have to give a reason for their decision, it is difficult to tell whether a just decision has been provided anyway as the decision may not be based upon their own findings and may instead be based on the judges influence. In view of this, the Auld Report found that; â€Å"many contributors have suggested that the system may not, as a matter of English law, withstand a challenge, that the unreasoned jury verdict violates article 6.† It is questionable whether this does violate article 6, ye t it was made clear in Condron v UK (2000) 31 EHRR 1 that it is not. Therefore, even though jurors do not have to provide a reason for decisions reached, it is said that a fair trial is still being provided. This does not seem fair, since a violation of Article 6 would be found if a judge failed to provide a reason, yet this is not the case for jurors. As stressed by Doran; â€Å"trial by jury occupies a pivotal yet paradoxical position at the centre of the English criminal justice system† (2002; 379). Arguably, it is clear from this that many do actually favour jury trials and are of the view that an effective justice system is being attained. However, because jury trials are not used in serious and complex fraud trials, it is arguable whether jurors are well equipped to deal with all other trials. The inability of jurors to deal with such cases was introduced by the CJA 2003 and emerged from the Jubilee Line Jurors [2007] Crim LR 255 case. Here. jurors suffered serious personal difficulties because of the complexity of the issues at hand (Lloyd-Bostock: 2007: 1). In cases such as this, it is more desirable for a judge-only trial to be conducted, yet it could be said that this should apply to all trials and not just those that have a complex nature. Moreover, the fact that trial by jury has been abandoned in other jurisdictions seems to demonstrate that the jury service is unworkable and ineffective. This has exemplified by Laville (2010: 1) who put forward that; â€Å"in the last 400 years, trials without juries have taken place in Northern Ireland, where the Diplock courts were set up to provide justice in the intimidat ing atmosphere of the Troubles.† Consequently, it could be said that Northern Ireland are aware of the difficulties and uncertainties of jury trials and have therefore made the decision to abandoning them. Juries were also discarded in Germany on the 4th January 1924 when it became apparent that injustice frequently occurred as a result of jury trials. This was identified by Herzog when it was noted that; â€Å"since 1924 jury trials have been abolished in Germany and there are no signs of a renaissance of lay participation and jury trial in the German criminal justice system† (2012: 1). It is arguable whether this demonstrates the ineffectiveness of jury systems but it is evident that the Germans do not agree with them. Jury trials were also abandoned in India following the case of K.M. Nanavati v State of Maharashtra [1962] Suppl 1 SCR 567 where it became clear that juror’s decisions were capable of being influenced by the media and the public. As put by Debroy; â€Å"the Nanavati case was responsible for abolition of jury trials in India and it was the last trial by jury† (2009: 1). It was also identified by Debroy that there is a correlation in India between the abolishment of jury trials and the prolonging of cases (2009: 2). In view of this, it cannot be said that jury trials should be completely abolished in the UK as cases may actually be prolonged as a result and there are various safeguards that have been implemented so as to ensure juries are not being influenced by the media and the public (Rackstraw, 2008: 726). Therefore, whilst jury systems do create difficulties, it cannot be said that they should be completely discarded as a result as they are still considered a vital p art of the justice system. Furthermore, if jury trials were abolished it is likely that this would result in prolonged trials as is the case in India. Furthermore, judges would also be capable of producing prejudicial decisions, which would ultimately contravene Article 6 of the ECHR which provides for a defendants rights to a fair trial. In a study that was conducted by Sturcke, it was found that; two in three jurors did not fully understand the legal directions and that more than one in 10 jurors carried out their own investigations online about a case (2010: 1). This study was based on 69,000 cases over a two-year period, which highlights the injustices that can actually be caused by a jury trial. This seems to provide a strong argument as to why jury trials should be abolished, however problems will still be caused by judge alone trials. In effect, it appears as though there ought to be a balance so that juries do remain, yet where cases are likely to be prejudiced a judge alone trial should be conducted. Essentially, this is what seems to be happening at present as jury trials are being discarded in serious and complex fraud cases, yet whether this scope should be broadened to allow for their elimination in other cases is likely. This will ensure that juries are maintained, on the one hand, whilst also enabling them to be discarded in cases which would be difficult for them to cope with. Whether this means that there will be an effective jury system in place, is however arguable. Conclusion Overall, there are many underlying difficulties which emerge from a trial by jury, yet it cannot be said that they should be completely eradicated. This is because judge alone trials will also have many drawbacks, which demonstrates the need for the jury system to be maintained. In order to prevent unfair outcomes from being produced, it is therefore necessary that a balance is attained which could be achieved by removing juries from serious and complex cases and those which would have a damaging effect on their ability to cope. Referencing Baksi, C., (2014) ‘Bias has ‘significant’ effect on verdicts, jury research says’ The Law Society Gazette, Available [Online] at: http://www.lawgazette.co.uk/practice/bias-has-significant-effect-on-verdicts-jury-research-says/5039295.article [23 April, 2014]. Debroy, B. Nanavati and Jury Trials, Law Resource India, (2009), Available [Online] at: http://indialawyers.wordpress.com/2009/12/26/nanavati-and-jury-trials/ [23 April, 2014]. Doran, S; McConville, M. and Wilson, G. The Handbook of the Criminal Justice Process, OUP Oxford, 1st Edition, (2002), p. 379. Elliott, C. and Quinn, F. (2010) English Legal System, Longman, 11th Edition. Gastil, J., and Weiser, P., (2006) ‘Jury Service as an Invitation to Citizenship: Accessing the Civic Value of Institutionalised Deliberation’ Legal Studies Research Paper, 06-32. Gastil, J., Deess, E., and Weiser, P., (2002) ‘Civic Awakening in the Jury Room: A Test of the Connection between Jury Deliberation and Political Participation’ Journal of Politics, Volume 64, No. 2, 585-595. Herzog, F. Philosophical and Social View of the Jury: Could it Have a Renaissance in Germany(2012) Available [Online] at: www.cairn.info/load_pdf.php?ID_ARTICLE=RIDP_721_0553 [23 April, 2014]. Laville, S. Heathrow Robbery Trial Breaks with 400 Year Tradition of Trial by Jury, The Guardian, (10 January, 2010), Available [Online] at: http://www.guardian.co.uk/uk/2010/jan/10/heathrow-robbery-trial-jury-twomey [23 April, 2014]. Lesser, M. A. (2010) The Historical Development of the Jury System, Kessinger Publishing: London. Lloyd-Bostock, S. The Jubilee Line Jurors: does their experience strengthen the argument for judge-only trial in long and complex fraud casesCriminal Law Review, Crim L.R. 255, (2007). Rackstraw, M., (2008) ‘In the Balance’ New Law Journal, Volume 158, Issue 7322. Sanders, A. and Young, R. Criminal Justice, OUP Oxford, 3rd Edition, (2006). Stone, J., and Dennis, R., (2003) ‘Race and Ethnicity’ Comparative and Theoretical Approaches, 1-7. Sturke, J. Jurors ‘struggle’ to understand judges, study finds, The Guardian, (17 February, 2010), Available [Online] at: http://www.guardian.co.uk/uk/2010/feb/17/jurors-judges-legal-advice-report [23 April, 2014]. The Auld Report, Review of the Criminal Courts of England and Wales, Chapter 5, Juries, Available [Online] at: http://www.criminal-courts-review.org.uk/ccr-05.htm [23 April, 2014]. Thomas, C. and Balmer, N. Diversity and Fairness in the Jury System, The Ministry of Justice Research Series 2/07, (June, 2007), Available [Online] at: http://www.justice.gov.uk/publications/docs/JuriesReport2-07-webVersion.pdf [23 April, 2014]. Zander, M., (2007) ‘a Touch of Bias’ New Law Journal, Volume 157, Issue 7295. Cases Condron v UK (2000) 31 EHRR 1 Jubilee Line K.M. Nanavati v State of Maharashtra 1959

Disease Essay Examples - 755 Words

Thought Paper: Pathogens Are Rare Virulence Varies Greatly Less than 1% of bacteria can invade our bodies and making us ill [5]. Such bacteria are pathogenic and have the potential to be disease causing. This means that the remaining 99% are rather ubiquitous in nature and serve beneficial purposes or have no effect on humans. Pathogens vary in complexity and those that remain are a direct result of successfully adapting to their environments and evolving over time to overcome selective evolutionary pressures. A more specific example of how disease causing pathogens can vary in virulence involves the mention of antibiotics and their ability throughout history to temporary lessening the virulence of bacterial strains. The relationship†¦show more content†¦Therefore, virulence varies among isolated cultures, although the origins of these evolutionary adaptations on a molecular level are all interconnected and can be studied though tracing genetic elements of between bacterial populations and those found in animals and humans [3]. Studies in the past tried to directly tie the two phenomena together and confirmed that increased usage of antibiotics were directly correlated with increased resistance to those specific antibiotics. A finding was additionally mentioned that diversifying the antibiotics used to eliminate bacterial populations and reduction in overall use of antibiotics would minimize the levels of resistance in certain bacterial species most commonly found in hospitals [8]. Additionally, Studies found that certain bacterial species with increased exposure to antibiotics are highly prevalent in waste water of hospitals. High levels of resistance displayed in these populations pose as a major risk to environmental health if released beyond clinical waste water systems. Untreated wastewater is therefore an immediate cause of concern [8]. Thus, with this data from past and current studies, pathogens are not in themselves rare, but virulence does vary due to increased exposure to antibiotics and gained resistance that has spread and will continue to do so unless habits are changed with aShow MoreRelatedParkinsons Disease Essay example2312 Words   |  10 PagesIntroduction Parkinson’s disease is a common disease facing many older people across the world. It affects the central nervous system and it impairs cognitive processes, motor skills and other functions. This disease mostly affects the older generation and it manifests itself with symptoms which include rigidity, tremor, postural instability, slowness in movement and others. Other symptoms include sleep difficulties, sensory and autonomic dysfunction. 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Export Promotion Strategy vs. Import Substitution Strategy

1. Introduction It was the export promotion (EP) strategy that accounted for East Asians states success of economic development. Meanwhile, many other developing countries such as Latin America countries had committed to an alternative strategy, import substitution (IS). The IS strategy yielded disappointing results: most of these countries did not succeed in either industrialization or economic growth while export-oriented industrializations (EOIs) sustained fast economic development. Data from the World Bank (1993) showed that the real GDP of EOIs (7.6%) grew faster than IS countries (3%) during 1965-1990. There is no doubt that EOIs outperformed countries that adopted IS strategy in terms of economic development. However, are†¦show more content†¦But in practice the results are opposite to this view. Studies show that many industries could not reach maturity even after 20 years of protection. Moreover, according to Bell et al., even if some industries reached maturity in their technology, it seems that they soon lost it again. This phenomenon indicates the failure in the application of infant industry theory and thus the failure of IS strategy. Under the IS strategy, the degree of government intervention was unprecedently high, rivaling that of the central planning economies. It would not be a surprise that an often-cited criticism of IS is misallocation (or distortion). The empirical evidences showed that in the long run IS strategy led to over-intrusive, bloated and inefficient state-owned enterprises (SOEs). Large SOEs and private sector companies operated as monopolies/oligopolies within a protected market. Also, the inefficiency and corruptness of the government bureaucracy limited the scope of action and reforms. IS was aimed at replacing imports from abroad, but nevertheless in most Latin American countries the import of manufactured goods in fact increased. 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