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

Objection - Essay Example Consequently, the paper also discusses how appellate court will rule on the objection. The outcome of the alcohol test was issued as one of the evidence (Krey & Theresa, 75). According to the judge, if Fred Friendless has a blood content of 10, they must presume that Fred Friendless is intoxicated. Therefore, obtaining a conviction for Driving while intoxicated, the prosecution will need to establish that Fred Friendless was actually operating the vehicle under the influence. This will be accomplished through circumstantial evidence or by the witness of the eyewitness. From Fred Friendless case, the court will review the Driving While Intoxication conviction where Fred Friendless’ prosecution will prove that he was driving the vehicle. Evidence from the high school head teacher revealed that he measured the skid mark of the defendant and assumed the defendant was driving at least 65 miles per hour. Additionally, the defendant believes that the any person who drinks at least two beers already intoxicated. This is a direct prove that Fred was actually driving under the influence of alcohol (Dolinko,  67). The evidence does not establish that the defendant was under the physical control of the car and hence it is not sufficient to prove that Fred was driving the vehicle. The prosecution also needs to establish the intoxication, which he did not. According to the statutes, it is noted that, intoxication normally occur due to alcohol intake of contraband ingestion. Intoxication is normally hard to articulate. In addition to submitting the blood sample, the police needs to testify the speech, appearance, or behavior and if the police detected the smell of the alcohol beverage on Fred. The factors are important and pertinent evidence of the physical impairment and mental impairment of the defendant. During Berkemer v. McCarty 468 US 420, the Supreme Court believed that the police roadside

Do Organisations Need Managers Essay Example | Topics and Well Written Essays - 1750 words

Do Organisations Need Managers - Essay Example Currently, debates have risen as to whether organizations really need managers for the purposes of achieving their goals and objectives. This paper is to examine the functions and purpose of managers in organizations and there relevance in organizations. Traditional and Modern Managers Managers have existed in traditional and modem organizations and there are certain conventional functions and roles that such managers were executing. The conventional activities that managers are involved in organizations including building and maintaining relationships, getting and giving information, influencing people and decision making (Waldron, Vsanthakumar, & Arulraj, 2011). The functions and purpose of managers in the traditional management was restricted to the liaison between the owner and all the staff of the organization (Cieslinska, 2007). According to traditional and modern management principles, the functions of a manager are identified as interpersonal, informational, and decisional. I nterpersonal roles entail the development, building, and maintenance of contacts and relationships with variety of people both within and outside the organization or department. Interpersonal role requires managers to acts as a symbol for their organizations or departments and to liaise with other people outside the department or organization. The informational role requires managers to monitor and assess organizational operations through data collection and analysis and disseminating information to employees and other stakeholders and acting as a spokesperson for the organization (Puckett, Byers, & Green, 2004:32). Managers are also charged with decisional role where they are required to make innovative decisions, handle conflicts, and resolve problems and resource allocation (Yadav, 2009). Planning Managers are involved in the planning of the business environment in organizations. The planning aspect for managers entails the identification of goals and objectives that the organiza tion seeks to achieve. They also determine the methods and strategies to be used in the achievement of the pre-set goals and objectives of the organizations in which they head (Rondeau, 2011). It is the responsibility of the manager to ensure that the goals and objectives of organizations are met and achieved within the stipulated time frame. To ensure that the objectives are realized, the managers ensures that the organization runs smoothly and any impediments and obstacles that might derail the organization from achieving its goals and objectives are removed. In the traditional organizational management system, managers were preoccupied with the running of the day to day business with the sole responsibility of increasing profitability for the organizations. The responsibility of meeting the organizational goals such as the provision of safe place for employment, provision of quality products, adherence to the mission, vision and values of an organization and providing the expecta tions, wants and needs of customers squarely lies within the functions of managers (Puckett, Byers, & Green, 2004:37). The current environment in which most organizations

Male Hysteria' in Showalter's The Female Malady Essay

Male Hysteria' in Showalter's The Female Malady - Essay Example They say that these characteristics, coupled with some environmental issues trigger hysteria. For a long time, until recently, stories of hysteria were told by men, and in these stories, the women were portrayed not as the heroines, but as the victims. But as more research was done by various psychoanalysts, different opinions and observations came to light. The main one being that hysteria could not only be linked to women but could also be a male condition, or a condition general for individuals, irrespective of gender, who feel that they are silenced by society or powerless against it. According to texts, male hysteria has always been considered a shameful condition, and male hysterics are seen as unmanly and weak (Showalter, p180). They say it is as if the feminine component associated with hysteria is itself a symptom. In A System of Medicine by John Russell Reynolds, it is argued that hysterical men or boys are either of morally or mentally feminine constitution. The stereotypes and prejudices that were protested at some point are alive and still being used against mal e hysterics. An analyst notes that a hysterical man is described as one who behaves like a woman. In her book, Showalter included one study she made on Emile Batualt, a French researcher. According to the study, Batualt observations were focused on hysterical men found in Salpetriere’s special ward. Here, the male patients were fearful and timid. Their gazes were not piercing or lively. They were languorous, poetic and soft. Eccentric and coquettish, they preferred scarves and ribbons to manual labor (Showalter, p172). With these kinds of expectations, doctors were finding it difficult to accept the diagnosis of hysteria in men who seemed virile. The image of a hysteric in psychiatric literature is described to depict that the man would be closely described as a passive homosexual. This advances the image created of male hysteria, which brings

Introduction to Social Sciences (inequality based on race) Essay

Introduction to Social Sciences (inequality based on race) - Essay Example A community incorporates people who share a common characteristic inclusive of a geographical area and traditional values. Patterns of racial segregation are not natural outcomes. According to Law (2013), racial discrimination will act as a proponent that will indicate the relationship of inequality and the society. The social mechanism will also explain the interconnected social attributes create persistence in racial difference. The paper will focus on the power and the global community aspects of social sciences with the aim of understanding the world better. Social inequality is a scenario that occurs through the uneven distribution of available resources in the community. In the case of inequality based on race, the skin color acts as the dominating factor in the allocation of resources. The issue of racism has been on the rise given the continued increase in the interaction among individuals from different nations. As a result, human welfare all around the world faces patterns of inequality that is recurrent in nature. For instance, cities around America exhibit racial discrimination to African Americans from the east coast to the west coast. Bonilla-Silva illustrated that the boundary of racism is very legible in the U.S as the black community find it very hard to get jobs and access quality education as compared to the Americans (2013). Racism dates back to the ancient age where people simply disliked certain attributes of a particular culture. Right from the upbringing, parents warned children against associating with some races. The media also participated in re-enforcing racism into the minds of individuals. The mentioned factors made the co-existence of people of different ethnicity and skin color in the society unbearable. With time, the nature of hatred turned into a foundation of prejudice. The outcome of the stated social practice is that

Business Ethics Essay Example | Topics and Well Written Essays - 2500 words - 6

Business Ethics - Essay Example Some important factors that come under the consumer vulnerability are as follows: Constitutional vulnerabilities: These may include the physical or mental disabilities which affect the consumers being unable to grasp or understand the information which may be in contracts, labels, advertisements etc and the ability to use or obtain services or products. Developmental vulnerabilities: Cognitive limitations play a bit role in this type of vulnerability. These are related to comprehending what is being told, knowledge level, which includes judging, reasoning and mental development. Another factor that is part of this is motivational factor. This concerns the adequacy concerns, security or health concerns and discovering ones individuality (Kaufman-Scarborough and Baker, 2005). These above mentioned factors are mostly found in children, adolescent (Martin and Gentry, 1997) or elder consumers (Moschis, 1992). Situational vulnerabilities: These may be internal or external factors affecting the consumer’s ability to interpret things and be taken advantage off. Some of these factors include personal crisis, which may involve stress related circumstances like finance, health, injury, etc, (Gentry et al., 1995) and sometimes language barrier or inability to understand legal wordings. External factors tend to include the surrounding economy or living conditions (Lee, Ozanne, and Hill, 1999) and even the barriers preventing from access. In other words, consumer vulnerability can also be defined as a powerless state, which may arise from the discrepancies in the interactions via media or face-to-face marketing or utilizing of marketed products or services without comprehending the complete information. It can be said that the actual vulnerability always arises from the consumers’ personal state, characteristic, or conditions he/she is in during the utilization of products or services which may get stuck or slow down and may affect perceptions of

Explain why it is important for marketers to understand the concepts Essay

Explain why it is important for marketers to understand the concepts of market segmentation and target marketing - Essay Example Market segmentation has over time been regarded as one of the fundamental concepts in modern marketing. The segments formed are thus constituted by consumer groups who have similar requirements, as well as groups of services and goods that exhibit similar attributes. Ideally, market segmentation concept has been largely associated with Wendell R. Smith, in the paper he first he first published in the year 1956 (Kim, Park, Lee & Lee, 2006). According to him, "Segmentation is based upon developments on the demand side of the market and represents a rational and more precise adjustment of product and marketing effort to consumer or user requirements† (Flint, Woodruff, and Gardial, 2002). In this respect, therefore, segmentation is viewed as being disaggregative in regard to its trends and effects in bringing about recognition of various demand schedules where only one was initially recognized. The concept of market segmentation is dependent on the recognition of differentiated product demands, whereas its application as a tool for marketing is dependent on the effectiveness in identifying the most befitting variables which can be used to divide total demand into segments that are economically viable (Freytag and Clarke, 2001). The segments that are economically viable could be seen as having the sufficient size that enables the marketers to attain sufficient level of profit through catering to certain needs of the members therein. According to Yankelovich and Meer (2006), "the idea that all markets can profitably be segmented has now received almost as widespread acceptance as the marketing concept itself". This notion is shared by Kim, Lee and Koh (2004), who note that market segmentation relies on the idea that there is need for the company to divide or segment the market in a manner that enables the achievement of certain sets of buyers. The sets of buyers, or the resu ltant

The Personalisation Agenda Dissertation Example | Topics and Well Written Essays - 8000 words

The Personalisation Agenda - Dissertation Example In the same year, a concordat was issued between central government, local government and the social care sector. The document is entitled â€Å"Putting People First: A Shared Vision and Commitment to the Transformation of Adult Social Care (2007)† and through it the idea of a personalised adult social care system was first introduced. The plan called for affording people maximum choice and control over the health care and services they receive. The plan dovetails a more broad-based government strategy that included the notion of â€Å"place-shaping† and other concepts contained in the local government white paper â€Å"Strong and Prosperous Communities† (2006). In the 2008 Carers’ Strategy, the New Deal has advanced the initiatives of integrated and personalised services. Carers called for recognition of their work and expertise, better service coordination and information, improved collaboration between staff and agencies, and health and social care. The Carers’ Strategy was arrived at after a wide consultation and with the cooperation and agreement of various government departments. Many of the themes articulated in recent developments in the personalisation agenda are not new, having been contained in the community care reforms under the National Health Service and Community Care Act of 1990. These reforms aimed to develop a needs-led approach wherein new arrangements for assessment and health care management would include individuals receiving tailored packages of care rather than block-contracted services. The practical advantage in the development of individual or personal budgets is the direct payments scheme, initially made available to disabled adults of working age, but since then has been extended to other groups. The success of the scheme covered some 54,000 individuals as of March 2007, including parents who cared for disabled children and young carers, who used direct payments. The use of direct payments actuall y came about as an initiative championed by disabled people. Among the driving forces behind direct payments were the service user movement, the mental health survivor movement, and the social model of disability, which originally took root in the 1970s when people first lobbied for change. Throughout the development of personalisation, key concepts included independent living, participation, control, choice and empowerment. 2.2 The Social Model of Disability The social model of disability was developed in the 1970s by progressive members of the Union of the Physically Impaired Against Segregation (UPIAS), and given academic validity by the works of Finkelstein (1981), Barnes (1991) and Oliver (1996) (cited in Shakespeare & Watson, 2002). The model is now described as the â€Å"ideological litmus test of disability politics in Britain† (Shakespeare & Watson, 2002). It is relied upon when distinguishing among organisations, policies, legislations and concepts regarding the pro gressive view of disability. The core definition of the British social model was first articulated in the UPIAS document â€Å"Fundamental Principles of Disability.† An edited version that was reprinted in Oliver (1996) and Shakespeare and Watson (2002) is reproduced here, for purposes of elucidation, as follows: â€Å"†¦In our view, it is society which disables physically impaired people. Disability is something imposed on top of our