Thursday, December 26, 2019

How Accountants Act As Business Advisors - 978 Words

This paper examines how accountants act as business advisors to small businesses, causing them to have a lower risk of failure and higher growth rate than those who do not. The research findings of Barbera, Hasso, and Rajavel were extremely helpful in supporting this thesis. Dr. Rajavel studied failing or failed businesses in an â€Å"economically resourceful† set of islands in the Bay of Bengal. He published a journal article based on his findings entitled â€Å"A Study on Causes for Business Failure: An Empirical Analysis†. While his writing mainly discussed the causes of business failure, he also advises entrepreuners to seek the help of those professionals necessary to prevent their problems (2013). Francesco Barbara and Tim Hasso elaborate on the lack of previous research into the importance of an accountant, especially in the small family-owned sector. They compared 2,004 of these in the Business Longitudinal Survey (BLS) of Australia and found the majority to cur rently or previously use an outside accountant. They compare young businesses to old and confirm the advisors who get to know their clients help younger companies gain stability and help older companies increase growth (2013). With such limited research in this area, these researchers play a key role in the information provided within. After studying 2,004 family firms, researchers Barbera and Hasso stated: â€Å"of all family SMEs (small-medium enterprises), nearly 89% have used an external accountant.† This has shownShow MoreRelatedBusiness And Tax Strategies With The Right Accountant1256 Words   |  6 PagesFinding the Right Accountant Curating Your Business and Tax Strategies with the Right Accountant Choosing the right accountant can seriously impact your taxes, ability to build wealth and your lifestyle. Creative accounting can offer you and your family a better life, provide for retirement and shelter income so that you can earn more money with pretax income. Choosing an accountant is critical for getting the maximum return from your business and investments. Choosing an accountant often results inRead MoreMy Professional Field Is Accounting Essay964 Words   |  4 Pagesis accounting, I’ve been working as accountant nearly 10 years now. My carrier start as assistant of accountant. To become â€Å"Accountant† I took long way to come. First of all I started study book keeping certificate, it’s challenging for me. Working and study hard wasn’t easy, took me two years to take the certificate. Afterward, I joined accounting firm. At the accounting firm, I met Tax accountants as my managers. They did brilliant job, I couldn’t believe how they can handle that much amount ofRead MoreAccountant Role In Business Essay1742 Words   |  7 Pages11/11/2017 Marta Silva â€Å"Are Management Accountants Important Strategic Partners in Corporate America’s Management teams? Despite the great stride in efforts made by the financial industry in the last twenty years, many still view management accountants as they were in the 1980s; the ‘scorekeeper’, the ‘corporate cop’, sitting in their cubicles running numbers from dusk to dawn. However, in the modern era accountants have started taking on new roles in corporations, becoming strategic plannersRead MoreAccounting Methods Used By Ancient Egyptians For Inventory Purposes1994 Words   |  8 PagesAccountants are trusted and respected all around the world. After all, this profession has been around for many years; there is proof that accounting methods were used by ancient Egyptians for inventory purposes. The accounting profession has many certifications; one of them is Certified Public Accountant, also known by its acronym, CPA. By far, the one with the most advantages is CPA because it is required by almost any accounting firm, provides mobility across the industry, and pro vides betterRead MoreThe Ethical Guidelines Provided By The Cima Provides Different Conflict Resolutions1143 Words   |  5 Pagesprofessional figure or a legal advisor without breaching the fundamental principles of confidentiality. The Code of Ethical Conduct of the IMA provides these following conflict resolutions for organizations with conflicts in policies and resolutions. The organizations should approach their immediate supervisors and then if the problem is not resolved they should go to the next hierarchal supervisor that has some knowledge of the situation and can proved some insight on how to handle the situation. ThereRead MoreEthical Challenges Within The Workplace1119 Words   |  5 Pagesplace, but managers often deal with ethical issues the most. Managers have to worry about their employee’s actions and also their own. In the business world today, there are more rules and regulations to follow to keep the professionalism. When employees or even the boss go against the rules and regulations set, it could lead to dismissal from the business. In this paper, there will be examples of what the IMA expect from companies. People often do not think that practicing ethical behavior in theRead MoreA ccounting, Finance, Marketing, And Business Management1487 Words   |  6 Pagesinvestigated the different industries in business and the different skills associated with these industries. We decided to research accounting, finance, marketing, and business management. Each group member conducted an interview with an employee who had experience in the specific industry. We explored a variety of concepts particular to each industry, ranging from different careers in the industry to some of the pros and cons of industry. Our main goal was to communicate how certain industries differ fromRead MoreBernard Bernie Madoff1352 Words   |  6 Pages000 dollars for him and his wife to start Bernard L Madoff Investment Securities, LLC. www.biography.com/people/bernard-madoff-466366 Bernard Madoff had got helped from his father-in-law, a C.P.A. retiree, with his company. Bernie business had attracted investors through word-of-mouth and he had an impressive client list that included the rich, not so rich and the famous. With an annual return of 10 percent or more it grew Bernie’s company fame and reliability, and by the 1980sRead MoreThe Changing Role of Managerial Accounting in a Dynamic Business Environment1723 Words   |  7 PagesOF MANAGERIAL ACCOUNTING IN A DYNAMIC BUSINESS ENVIRONMENT Learning Objectives 1. Define managerial accounting and describe its role in the management process. 2. Explain four fundamental management processes that help organizations attain their goals. 3. List and describe five objectives of managerial accounting activity. 4. Explain the major differences between managerial and financial accounting. 5. Explain where managerial accountants are located in an organization, in termsRead MoreCareer As A Certified Public Accountant1659 Words   |  7 Pagesof Texas, the Texas State Society of Certified Public Accountants (TSCPA) formed the central chapter in 1911, composed of a group of â€Å"17 public accountants and six junior staff accountants.† After several years of the TSCPA requesting a regulatory board for the accounting profession, the state legislature approved the Public Accountancy Act of 1915. According to this act, a candidate wishing to pursue a career as a Certified Public Accountant (CPA) would be required to pass the board-certified examination

Tuesday, December 17, 2019

George Rousseau And Jean Jacques Rousseau Essay - 1002 Words

The concept of Liberty can be very complex when trying to define it, one of the reasons for that is that no one seems to agree on what it means to be free. There is the connotation of the word Liberty which is â€Å"Freedom from captivity imprisonment, slavery, or despotic control.† (566 Oxford Dictionary) but Liberty is often portrayed as more than just that. When looking at the past, Liberty is an interesting concept, considering the social structure at the time and how the king and the church had so much power. A lot changed with the French Revolution and the abolishment of the French monarchy but let us take a look a few years before that, where two great minds of this time had their own opinion of Liberty an how to achieve it. Denis Diderot and Jean-Jacques Rousseau are two of the original Romantics; they both brought new ideas to the world and tried to change it. Diderot was very big on man being able to think for themselves, not always being told what to do and how to do it, he believe in our ability to reason and make our own decisions â€Å"The finest privilege of our reason consists in not believing in anything by the impulsion of a blind and mechanical instinct. Man is born to think for himself.†(Denis Diderot, â€Å"L’Encyclopedie† 1751) Rousseau had his own view of liberty, he believed that man show follow their feelings and not their mind, he believe that nature was man’s true safe haven â€Å"To feel is to exist, and our feelings come most uncontestebly before our thoughts†Show MoreRelated Jean-Jacques Rousseau Essay1335 Words   |  6 PagesJean-Jacques Rousseau   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"I was born to a family whose morals distinguished them from the people.† (Josephson 9) Jean-Jacques Rousseau was born in Geneva, Switzerland on June 28, 1712. He became the son of Isaac Rousseau, a plebian class watchmaker, and Suzanne Bernard, the daughter of a minister who died shortly after giving birth to him. Rousseau’s baptism ceremony was a traditional one held at St. Peter’s Cathedral on July 4, 1712 by the reverend senebies. He had an elder brother who hadRead MoreJean Jacques Rousseau Essay1383 Words   |  6 PagesJean-Jacques Rousseau I was born to a family whose morals distinguished them from the people. (Josephson 9) Jean-Jacques Rousseau was born in Geneva, Switzerland on June 28, 1712. He became the son of Isaac Rousseau, a plebian class watchmaker, and Suzanne Bernard, the daughter of a minister who died shortly after giving birth to him. Rousseaus baptism ceremony was a traditional one held at St. Peters Cathedral on July 4, 1712 by the reverend senebies. He had an elder brother who hadRead MoreAnalysis Of Emanuel Leutze s Painting967 Words   |  4 Pages Emanuel Leutze’s painting depicts George Washington, Commander-in-Chief of the Continental Army during the American Revolution, crossing the Delaware River with his men on Christmas night, 1776 in order to surprise attack the Hessians at Trenton. Leutze’s portrait reflects some of the ideals represented by Thomas Jefferson, as well enlightenment thinkers John Locke and Jean Jacques Rousseau and perfectly demonstrates the role the Americ an Revolution played in the shift from the medieval period intoRead MoreJean Jacques Rousseau And The Declaration Of Independence Essay1459 Words   |  6 PagesJean-Jacques Rousseau was an Enlightenment thinker during the eighteenth century and is most noted for his work The Social Contract. The Social Contract published in 1762 and is a philosophical document that expresses the ideas of popular sovereignty. Popular Sovereignty is a form of government in which â€Å"the doctrine that sovereign power is vested in the people and that those chosen to govern, as trustees of such power, must exercise it in conformity with the general will.† This is basically a fancyRead MoreRousseau ´s Solution to  ¨The Fundamental Problem ¨1178 Words   |  5 PagesThe problem is to find a form of association †¦ in which each, while uniting himself with all, may still obey himself alone, and remain as free as before.’ Does Rousseau have a convincing solution to the problem he poses? The opening line of Jean-Jacques Rousseaus influential work The Social Contract (1762), is man is born free, and he is everywhere in chains. Those who think themselves masters of others are indeed greater slaves than they. These are not physical chains, but psychologicalRead MoreJean-Jacques Rousseau Influence on the Declaration of Independence743 Words   |  3 PagesAmerica,† (Fink, 9). Five of the founding fathers got together and penned this important document. As they penned this document, they were inspired by a number of European philosophers and writers. One of these philosophers was Jean-Jacques Rousseau. â€Å"Jean-Jacques Rousseau played a significant role in three different revolutions: in politics, his work inspired and shaped revolutionary sentiment in the American colonies and France; in philosophy, he proposed radically unsettling ideas about humanRead MoreJean-Jacques Rousseaus The Social Contract Essay example1786 Words   |  8 PagesThe problem is to find a form of association †¦ in which each, while uniting himself with all, may still obey himself alone, and remain as free as before.’ Does Rousseau have a convincing solution to the problem he poses? The opening line of Jean-Jacques Rousseaus influential work The Social Contract (1762), is man is born free, and he is everywhere in chains. Those who think themselves masters of others are indeed greater slaves than they. These are not physical chains, but psychologicalRead MoreA Catholic Socialist1014 Words   |  5 Pagessaying, â€Å"Rousseau abandoned his five children, one after the other, but had, we are told, an unspeakable affection for his dog.†1 Irving Babbitt certainly had no love loss for Jean-Jacques Rousseau not only because of his abandonment of his children but because Rousseau was the antithesis of Babbitt. Even though both Babbitt and Rousseau offer revolutionary ideas that affected their societies, their educational and religious philosophies differed in many ways. On education, Babbitt and Rousseau exhibitedRead MoreWomen in the Enlightenment Essay1406 Words   |  6 PagesThe Enlightenment allowed a period of educational growth to begin. A new love for knowledge and debate sprung up throughout the century. Women joined in with the intellectual banter by starting salons. â€Å"If Voltaire transformed the thoughts, and Rousseau the feelings, of the eighteenth century, it was the salons of Paris that the new conceptions of ‘reason’ and ‘nature,’ of ‘free thought’ and the importance of the individual, were sifted, codified, and eventually imposed.† Women played a centralRead MoreNo Perfect Form of Government Essay2014 Words   |  9 Pagesthe ideal government was still prevalent during the Enlightenment period. During the 18th century, numerous philosophers developed various new ideas about how the ideal government should perform its duties. Philosophers like John Locke and Jean Jacques Roussea u, for example, conceived the idea of a government in which the majority rules through a system of democracy. A bloody conflict finally brought some of these ideas into practice. From the American Revolution, the United States was born, and its

Monday, December 9, 2019

The primitive method of DNA

Question: Why do you think sequencing has garnered more attention/buzz than other technologies? Are there other technologies that are equally deserving of attention? Answer: Introduction The primitive method of DNA sequencing or the Sanger sequencing has been carried out since the 1990s. After the sequencing of DNA is done enormous amounts of profiling through advanced technologies are carried out. The process is totally dedicated to the better understanding of inherited diseases and genetic disorders. Single nucleotide polymorphisms or SNPs are the variation in DNA sequences that occurs when a single nucleotide in the sequence is altered. These SNPs are the most important tool in sequencing as they are responsible for the susceptibility of diseases in human body, the effects of drugs sensitivity or resistance and for the wellbeing of every human being. These databases of SNPs provide the data to further research effects of genetic diseases, or certain drugs on humans(Orapan Sripichai PhD,Suthat Fucharoen MD, 2007). Alternative Technology The alternative second generation DNA sequencing technique has arrived in recent time that have reduced the cost of sequencing by two times and saves more energy. Some of the methods are micro electrophoretic method, cyclic array sequencing, sequencing by hybridization. Another researcher John Chapaut, a researcher at ASUs bio design laboratory along with some scientists from England , Belgium ,Denmark answered a long debated question that whether there are any other heredity and evolution molecule other than DNA and RNA. They have found evolution threose nucleic acid to xenonucleic acids or XNA. The method of producing XNA greatly improves the accuracy and efficiency of the evolution of polymerase. Though it is still in research phase(Richard Harth, 2012). Conclusion The genome research or genome sequencing has created a buzz and acquired attention because it had been the first technology to have shown such a huge promise to humanity that it will change their lives and give them hope for a better living and although many technologies has arrived after that, but still sequencing had been like a first step on the moon for biologists.

Monday, December 2, 2019

SWOT Analysis for Danone in China Essay Example

SWOT Analysis for Danone in China Essay Groupe Danone is the global leader in cultured dairy products (including yogurt, cheese, and dairy desserts) and second-largest producer of biscuits (after Krafts Nabisco) with Jacobs and LU cookies and crackers. Its Evian and other brands make it No.2 in bottled water (behind Nestlà ¯Ã‚ ¿Ã‚ ½). Danone entered China in 1987. Although it had suffered setbacks as other multinational dairy corporations at the beginning, it has now got the top position in the Chinese market. It is not only the largest partner with Chinas two leading beverage makers- Hangzhou Wahaha Group and Guangdong Robust Group, but the third largest stockholder of Bright Dairy, the Shanghai- based company. ; SWOT Analysis: Strengths: * Remaining rapid growth in Chinese market, with sales of bottled water and biscuits showing steep rise. We will write a custom essay sample on SWOT Analysis for Danone in China specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on SWOT Analysis for Danone in China specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on SWOT Analysis for Danone in China specifically for you FOR ONLY $16.38 $13.9/page Hire Writer * Outstanding marketing know- how to serve powerful local brands. * A broad market share, with sales of bottled water close to 1.8 billion liters in China, associated with significant economies of scale. * Strong brand power. Since most of Chinese consumers have a perception that the product quality is guaranteed when consuming the international branded products, which helps to earn a significant amount of trust and loyalty from consumers. Weaknesses: * Failed to attain similar development in the Chinese dairy market because of the comparatively higher prices of their dairy products. * Seldom advertisements about their products, especially dairy products on TV or in newspapers * Traditional dairy distribution in China relies on a network reaching every street and community of a city, and it is not easy for any foreign brand even if it has deep pockets. Opportunities: * The central governments announcement that it would encourage private investment in state- run companies. It led to the increase of Danones shares ownership of Bright Dairy. * The rapid growth of the number of big supermarkets benefits the product distribution. * An emphasis in marketing messages on the health and nutrition aspects of consuming dairy products and mineral water. * Take advantage of the local brand reputation. Threats: * Strong multinational competitors, such as Nestle and Parmalat. * Pressure come from local brands that are much more familiar with the consuming habits of Chinese urban residents. * The product characteristic (dairy products) makes it not easy to store and only can be available in big supermarkets. ; Further discussion: Our strategy is built on high profile brands for general public, backed by extensive advertising stressing nutritional benefits. At the same time, we aim to build new value into ranges over the medium term. Simon Israel, Senior Vice-president After learning the case of Danone Group, I would like to say that its present success mainly comes from its adjustment of strategy in China. When Danone entered China in the late 1980s, it adopted an organic growth strategy for its yogurt business because of seeing the emerging market opportunities and a lack of dominant brands. However, during the 1990s, the local players began to take the lead, Danone withdrew from the dairy market by selling factories to local companies and switched its strategy to mergers and acquisitions in China. The MNC aggressively acquired some of the smaller players at that time. On the other hand, Danone promoted its own label at the beginning, when foreign goods were regarded as high quality ones. But when the local companies established their own strong brands, Danone set off acquiring the local competitors and maintaining their local brands. Therefore, Danones outstanding marketing know- how to serve powerful local brands is one of its critical success factors.

Wednesday, November 27, 2019

The Internet as Social Media Connectivity and Immediacy essayEssay Writing Service

The Internet as Social Media Connectivity and Immediacy essayEssay Writing Service The Internet as Social Media: Connectivity and Immediacy essay The Internet as Social Media: Connectivity and Immediacy essay  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Does the availability and use of social media on the Internet really provide businesses with new and different useful information?   Social media can be viewed as an effective tool to promote business. YouTube and other social media platforms provide massive opportunities for advertising campaigns, which help to attract more and more customers. However, social media may have negative impact on businesses as well, especially on business reputation. According to researchers, â€Å"with the web, opinions, facts, truth and lies can spread across the world as fast as a rumor or piece of gossip might have passed among the inhabitants of a small town 100 years ago† (Newson et al., 2009, p. 171).   The case of Dave Carroll, a young Canadian singer, who travelled with his band from Toronto Canada to Nebraska, and faced serious problems with his baggage, hurt the United Airline s reputation to a great extent. Dave Carrol used social media to inform others about the United Airlines customer service, and he succeeded. Careless baggage handlers managed to break Dave Carroll’s guitar which cost $3.500. United Airlines refused to reimburse Dave’s repair bill of $1.200. Dave Carroll’s song â€Å"United Breaks Guitars†, which was posted on YouTube in the form of a humorous video clip, had more than 3 million viewers within two weeks. According to research, â€Å"by mid-2011the YouTube clip had accumulated well over 10 million views†(Fritz, 2012, p. 53). Today people have an opportunity to share their problems with others via social media platforms. Many customers use social media to voice their disagreement with customer services, hurting the reputation of many highly acclaimed companies. So, the availability and use of social media really provide businesses with new and different useful information, including negative comments and critical review about products and services, which may hurt the company’s reputation.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   To start with, social media platforms play an important role in business communication, proving massive opportunities for customers to share their opinions about products and services. Social networking sites, YouTube, Twitter, blogging and other types of social media creates a serious threat to business reputation. The term â€Å"social media† is used to â€Å"describe online tools and utilities that allow communication of information online and participation and collaboration† (Newson et al., 2009, p. 49). Today social media tools make it difficult for businesses to monitor online reputation. Customers use social media to tell online users about their dealing with this or that business organization. According to researchers, â€Å"these online communications can be anything from a few comments to even a full scale campaign agai nst a business†(Newson et al., 2009, p. 172). There are many examples of negative impact of social media on businesses. 40 % of the well-known marketing brands had negative commentaries or critical reviews of customers, based on the online monitoring survey (Newson et al., 2009, p. 172).  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Besides the above mentioned facts, social media platforms influence competitiveness of businesses on the market. Many companies have established and implemented effective strategies to become â€Å"first movers in social media and developed insights as how consumers think and behave about their products and services†(Rajagopal, 2013, p. 127). Many companies face certain challenges caused by social media power regarding the sustainability of market competition. Many companies used negative commentaries of consumers about their competitors’ products and services to become more successful on the competitive market. Competition is influence d by social position of businesses. In other words, social status among business organizations reflects their social position on the market, measured by business relationships among business organizations. Social media platforms may shape the way that the company’s competitors may use to become more successful on the competitive market.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In addition, negative word of mouth communication by means of social media platforms reduces sales rate. When consumers are not satisfied with some product or service, they have an opportunity to relieve their frustration, making efforts to convince others about the company’s failures (Beal Strauss, 2009). These consumers’ complaints about the quality of products and services may be crucial in the sales rate of businesses because consumers try to find other companies, more trustworthy and more competitive ones.   Many companies are concerned about the effects of the negative word of mouth communication because it can go global, influencing the overall productivity of the company on the market. The information on Facebook, Twitter, YouTube, and other major social media sites requires the proper control and feedback (Fritz, 2012). Thus, some specific strategies and effective tactics are necessary to be focused on building business.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Nevertheless, some experts argue that the use of social media does not have a strong impact on the company’s reputation and competitive advantage. The success of any company on the competitive market depends on the level of customers’ trust. There are many ways to obtain good reputation and keep it without effort, e.g. powerful advertising campaigns on TV, radio, print media, reduced prices, employee benefits, etc. Social media tools, such as YouTube, Twitter, Facebook and some other well-known platforms will fail to completely destroy the company’s values (Fritz, 2012; N ewson et al., 2009).  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   But despite these contradictions, social media may have a harmful impact with negative customer opinion regarding the company’s products or services, providing businesses with new and different useful information. Although many companies have developed their reputation management plans, which integrate the application of both offline and online procedures, social media platforms, like YouTube, create a serious threat to the company’s reputation. It would be better for any company that is criticized in the social media to give a prompt and adequate response (Rajagopal, 2013). Social media can teach a customer service lesson; therefore any company should be ready to respond adequately (Rajagopal, 2013).   Public relations should work with customer service department to ensure that the company is ready to give responses to consumers.Conclusion  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Thus, it is necessa ry to conclude that the availability and use of social media on the Internet really provide businesses with new and different useful information. In many cases, this information is negative and has an adverse impact on the development of businesses. As a result, many companies have to develop and implement the proper strategies aimed at reducing the negative effects of the use of social media platforms by consumers. In many cases, consumers’ comments on blogs, YouTube video clips, and other negative comments about products or services are discussed by managers and the proper changes in strategic directions are made to address the issues of concern, e.g. poor customer services, low quality of products, etc.

Saturday, November 23, 2019

Criminal Justice and Your Constitutional Rights

Criminal Justice and Your Constitutional Rights Sometimes, life can take a bad turn. You’ve been arrested, arraigned, and are now set to stand trial. Fortunately, whether you are guilty or not, the U.S. criminal justice system offers you several constitutional protections. Of course, the overriding protection assured to all criminal defendants in America is that their guilt must be proven beyond a reasonable doubt. But thanks to the Due Process Clause of the Constitution, criminal defendants have other important rights, including the rights to: Remain silentConfront witnesses against themBe tried by a juryProtected from paying excessive bailGet a public trialGet a speedy trialBe represented by an attorneyNot be tried twice for the same crime (double jeopardy)Not to be subjected to cruel or unusual punishment Most of these rights come from the Fifth, Sixth, and Eighth Amendments to the Constitution, while others have come from the decisions of the U.S. Supreme Court in examples of the five â€Å"other† ways the Constitution can be amended. Right to Remain Silent Typically associated with well-recognized Miranda rights that must be read to persons detained by the police prior to questioning, the right to remain silent, also known as the privilege against â€Å"self-incrimination,† comes from a clause in the Fifth Amendment which says that a defendant cannot â€Å"be compelled in any criminal case to be a witness against himself.† In other words, a criminal defendant cannot be forced to speak at any time during the detention, arrest and trial process. If a defendant chooses to remain silent during the trial, he or she cannot be forced to testify by the prosecution, the defense, or the judge. However, defendants in civil lawsuits can be forced to testify. Right to Confront Witnesses Criminal defendants have the right to question or â€Å"cross-examine† witnesses who testify against them in court. This right comes from the Sixth Amendment, which gives every criminal defendant the right to â€Å"be confronted by the witnesses against him.†Ã‚  The so-called â€Å"Confrontation Clause† has also been interpreted by the courts as prohibiting prosecutors from presenting as evidence oral or written â€Å"hearsay† statements from witnesses who do not appear in court. Judges do have the option of allowing non-testimonial hearsay statements, such as calls to 911 from people reporting a crime in progress. However, statements given to police during the investigation of a crime are considered to be testimonial and are not allowed as evidence unless the person making the statement appears in court to testify as a witness. As part of the pre-trial process called the â€Å"discovery phase,† both lawyers are required to inform each other and the judge of the identity and expected testimony of the witnesses they intend to call during the trial. In cases involving the abuse or sexual molestation of minor children, the victims are often afraid to testify in court with the defendant present. To deal with this, several states have adopted laws allowing children to testify via closed-circuit television. In such instances, the defendant can see the child on the television monitor, but the child cannot see the defendant. Defense attorneys can cross-examine the child via the closed circuit television system, thus protecting the defendant’s right to confront witnesses. Right to Trial by Jury Except in cases involving minor crimes with maximum sentences of no more than six months in jail, the Sixth Amendment assures criminal defendants the right to have their guilt or innocence decided by a jury in a trial to be held in the same â€Å"State and district† in which the crime was committed. While juries typically consist of 12 people, six-person juries are allowed. In trials heard by six-person juries, the defendant can only be convicted by a unanimous vote of guilty by the jurors. Typically a unanimous vote of guilt is required to convict a defendant. In most states, a non-unanimous verdict results in a â€Å"hung jury,† allowing the defendant to go free unless the prosecutor’s office decides to retry the case. However, the Supreme Court has upheld state laws in Oregon and Louisiana allowing juries to convict or acquit defendants on ten-to-two verdicts by 12-person juries in cases where a guilty verdict cannot result in the death penalty.   The pool of potential jurors must be chosen randomly from the local area where the trial is to be held. The final jury panel is selected through a process known as â€Å"voir dire,† in which lawyers and judges question potential jurors to determine if they might be biased or for any other reason unable to deal fairly with the issues involved in the case. For example, personal knowledge of the facts; acquaintanceship with parties, witnesses or attorneys occupation which might lead to bias; prejudice against the death penalty; or previous experiences with the legal system. In addition attorneys for both sides are allowed to eliminate a set number of potential jurors simply because they do not feel the jurors would be sympathetic to their case. However, these juror eliminations, called â€Å"peremptory challenges,† cannot be based on the race, sex, religion, national origin or other personal characteristics of the juror. Right to a Public Trial The Sixth Amendment also provides that criminal trials must be held in public. Public trials allow the defendant’s acquaintances, regular citizens, and the press to be present in the courtroom, thus helping to ensure that the government honors the defendant’s rights. In some cases, judges can close the courtroom to the public. For example, a judge might bar the public from trials dealing with the sexual assault of a child. Judges can also exclude witnesses from the courtroom to prevent them from being influenced by the testimony of other witnesses. In addition, judges can order the public to leave the courtroom temporarily while discussing points of law and trial procedure with the lawyers. Freedom from Excessive Bail The Eighth Amendment states, â€Å"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.† This means that any bail amount set by the court must be reasonable and appropriate for the severity of the crime involved and to the actual risk that the accused person will flee to avoid standing trial. While the courts are free to deny bail, they cannot set bail amounts so high that they effectively do so.   Right to a Speedy Trial While the Sixth Amendment ensures criminal defendants a right to a â€Å"speedy trial,† it does not define â€Å"speedy.† Instead, judges are left to decide whether a trial has been so unduly delayed that the case against the defendant should be thrown out. Judges must consider the length of the delay and the reasons for it, and whether or not the delay had harmed the defendant’s chances of being acquitted. Judges often allow more time for trials involving serious charges. The Supreme Court has ruled that longer delays can be allowed for a â€Å"serious, complex conspiracy charge† than for â€Å"an ordinary street crime.† For example, in the 1972 case of Barker v. Wingo, the U.S. Supreme Court ruled that a delay of over five years between arrest and trial in a murder case did not violate the defendant’s rights to a speedy trial. Each judicial jurisdiction has statutory limits for the time between the filing of charges and the start of a trial. While these statutes are strictly worded, history has shown that convictions are rarely overturned due to claims of a delayed trial. Right to Be Represented by an Attorney The Sixth Amendment also ensures that all defendants in criminal trials have the right â€Å"†¦ to have the assistance of counsel for his defense.† If a defendant cannot afford an attorney, a judge must appoint one who will be paid by the government. Judges typically appoint attorneys for indigent defendants in all cases which could result in a prison sentence. Right Not to Be Tried Twice for the Same Crime The Fifth Amendment provides: â€Å"[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb.† This well-known â€Å"Double Jeopardy Clause† protects defendants from facing trial more than once for the same offense. However, the protection of the Double Jeopardy Clause does not necessarily apply to defendants who might face charges in both federal and state courts for the same offense if some aspects of the act violated federal laws while other aspects of the act violated state laws. In addition, the Double Jeopardy Clause does not protect defendants from facing trial in both criminal and civil courts for the same offense. For example, while O.J. Simpson was found not guilty of the 1994 murders of Nicole Brown Simpson and Ron Goldman in criminal court, he was later found to be legally â€Å"responsible† for the killings in civil court after being sued by the Brown and Goldman families. Right to Not be Punished  Cruelly Finally, the Eighth Amendment states that for criminal defendants, â€Å"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.† The U.S. Supreme Court has ruled that the amendments â€Å"Cruel and Unusual Punishment Clause† also applies to the states. While the U.S. Supreme Court has held that the Eighth Amendment forbids some punishments entirely, it also forbids some other punishments that are excessive when compared to the crime  or compared to the defendant’s mental or physical competence. The principles the Supreme Court uses to decide whether or not a particular punishment is â€Å"cruel and unusual† were solidified by Justice William Brennan in his majority opinion in the landmark 1972 case of Furman v. Georgia. In his decision, Justice Brennan wrote, â€Å"There are, then, four principles by which we may determine whether a particular punishment is cruel and unusual.† The essential factor is â€Å"that the punishment must not by its severity be degrading to human dignity.† For example, torture or an unnecessarily long and painful death.â€Å"A severe punishment that is obviously inflicted in wholly arbitrary fashion.†Ã¢â‚¬Å"A severe punishment that is clearly and totally rejected throughout society.†Ã¢â‚¬Å"A severe punishment that is patently unnecessary.† Justice Brennan added, â€Å"The function of these principles, after all, is simply to provide means by which a court can determine whether a challenged punishment comports with human dignity.†

Thursday, November 21, 2019

Human cloning should be permitted Essay Example | Topics and Well Written Essays - 750 words

Human cloning should be permitted - Essay Example Moreover, couples experience physical and psychological painful processes for a very minimal chance of getting kids (Wiladsen). This is contrary to human cloning currently known as the only possible solution meant to deal with infertility and lead to either little or no side effects. The technology of human cloning has proved to be effective in dealing with the most of the life threatening diseases around the globe. For instance, patients suffering from kidney failure or leukemia rely on human cloning as the most effective solution to their respective conditions (Holland 146). This entails cloning the genetic as well as other bodily materials that constitute that particular organ, which then can be transplanted into a person suffering from the same disease. This technology eliminates the process of finding a donor match in case of kidney transplant among other illnesses for an ailing who might have waited for long. Similarly, this approach could also be utilized in rectifying other bodily dreadful diseases and conditions, hence an increased possibility of survival for many persons who would have died. Human cloning is always safe unlike surgery which uses some materials like silicone gels and saline among others cosmetic procedures that are known to cause immune diseases to the patients. The technology of human cloning involves growing cells, tissues and bones matching that of the persons receiving treatment hence avoiding use or injection of foreign components to the body (Khanna 376). Cloning technological knowhow ensures that victims of awful accidents who get deformations in some parts of their bodies or faces have hope for restoration of their problematic organs without undergoing any form of swapping. The same procedure is helpful in the treatment of other facial alteration, for instance, in acquiring one’s idea breast formations. All