New Ideas for Improving the Company

Introduction Inadequate analytical dimensions of supply chain such as business responsibility, customer service quality and cost may compromise the functionality of a supply chain in the company. From a theoretical perspective, the value creation model cannot align cost effectiveness when the logistics of operation are inadequate.Advertising We will write a custom essay sample on New Ideas for Improving the Company specifically for you for only $16.05 $11/page Learn More For instance, lack of strong control systems and poor benchmarking approach at present has compromised the organizational strategy of cost reduction, customer satisfaction, and reduction of risks. Basically, a supply chain management strategy identifies the need for commodities, appropriate suppliers, quantity and quality of the commodities. It also evaluates effectiveness of supply practices already in place. The expansion of capacity and mechanization of production demands that the sup ply system matches production efficiency while assuring quality of the supplied goods. The supply chain determines the success of a company’s management strategy and ease of business sustainability. A well outsourced supply chain is a prerequisite for confidence and trusts without and without a company’s market catchment. Accessibility and transition in the supply chain plan will ensure efficiency and proactive response analysis to further improve on the demands of prospective clients. Therefore, the company should introduce a hybrid supply chain management system to improve on efficiency, reliability, and scope of the business operations. The suggestions are discussed below. Strategic outsourcing of the supply chain management system There are several alternative suggestions which the company may adopt to improve on its supply chain management, in terms of efficiency and cost management. Among the alternatives may include the following strategies. Logistics outsourcin g Logistics outsourcing relieves a company of fixed costs irrespective of seasonal trends and market demand. Through a competitive process, the outsourced unit will develop a balanced control system for a sustainable level of efficiency, costing, dependability, speed, quality, and flexibility through value delivery, value addition, and creativity. In relation to this company, the outsource logistics team will have the responsibility to rationalize the scientific aspects of the supply chain such as the use of statistical tools, their application, and evaluation criteria in monitoring and managing the logistics.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More When the outsourced logistics regulator is properly balanced, efficiency in the supply chain management is achievable within the first four months of implementation. Benchmarking of the mapping, executing and managing processes Benchmark ing of the channels for planning and execution of production and distribution goals has the effect of reducing costs of supply chain management since the company will be in a position to monitor all the control systems and their logistics. Thus, the major part of the success puzzle for supply chain control system should be operated on the periphery of soft skills involving the timeless vision of organizational principles, defining value of the business and determining requirements. Besides, building teams and mitigating tasks in the production-distribution channels for the products will restore efficiency in the supply chain management strategy of the company. Customer retention is achievable through the creation of reliable and affordable marketing channel that is essential in monitoring a matrix that maps out potential competitors and identifies weaknesses and strengths of the clients. Input from the production section is processed to chart a supplier’s trend in adherence t o quality, quantity, and timeliness of deliveries. Communication of the quality guidelines minimizes the risks of product rejection/return. In the absence of a guide, variance is more probable. In such a case, the delay before replacement may slow or halt production. Consequently, potential revenue from processed products is missed. Therefore, a clear benchmarking strategy in the company would increase its efficiency in the supply chain management. Improving the Decision Support System The company should endeavor to create a decentralized decision support system. Despite having this efficient operations management system, the company has not fully established a mechanism for monitoring progress at micro level and majorly depends on macro auditing in decision making and has to deal with the risk of internal fraud and redundancy. The decentralized system may incorporate planning, development, implementation, and discovery. Reflectively, the process captures organization chart, status reports, process map, compliance requirements, review structure, activities, dates, and resources employed within a specified period of time.Advertising We will write a custom essay sample on New Ideas for Improving the Company specifically for you for only $16.05 $11/page Learn More Sharing supply sub-system facilitates direct transactions and generation of reports that rate a supplier’s performance. Due to its dynamic reporting, anomalies in supply quality are communicated instantaneously to the supplier to initiate corrective action. With a supplier audit, non-conformance to specifications in supplied commodities and modes of supply are identified. A report of the audit is then discussed with the supplier to implement a corrective remedy. As a balanced assessment of a supplier’s performance, the scorecard is thus an objective tool to guide quality in supply. Managing the proposed supply chain outsourcing Automation of the outsourced sup ply chain management strategy An improved approach to supply management through automation will establish a broader partnership with customers. The buyer will make an effort to learn the supplier’s values, vision, challenges, and operating environment. A spirit of collaboration established will offer a positive contribution to the partnering businesses. Such cooperation will turn supply into a competitive advantage instead of sole cost. This should be backed by a legal contract. It further provides for explicit conditions in executing the contractual partnership. Due to their explicit nature and legal enforcement, a contract assures quality of supply to the agreed specification. Cost management in the outsourced supply chain The element of increased competition as part of the future development is well assured when the objective of outsourcing is aligned to cost reduction in doing business. However, what makes this strategy effective is the constant formulation and implementa tion of strategic policies based on its knowledge of the customer needs in the supply chain management. Sustainable development is vital to business environment when outsourcing is incorporated in the business development goal. Therefore, a business organization must put in place stringent measures and strategies aimed and monitoring expansionary modules in the outsourcing of supply chain agents within feasible levels.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Generally, outsourcing and supply chain management strategies are interdependent to ensure that the business is sustainable. For implementation of the strategy, the management is to balance both the short term and long term consideration towards decision making. Integration of entry strategy, comparative advantage, and market segmentation in the supply chain outsourcing In order to achieve desired margins in sales and total revenues generated, a proper supply chain outsourcing plan should integrate entry strategy, comparative advantage, and market segmentation since in most cases, there is always a strong competitor or competitors that passing might prove challenging due to existence of consumer perceptions and household names. To increase credibility and maintain professionalism, the outsourced supply chain plan should encompass processes and features that flawlessly facilitate healthy and lifetime relationships between the business and its clients. Among the new development elemen ts that can be incorporated to build trust, include establishment of a strong distribution and fair retribution process when interacting with the appointed agent who will be managing the outsourced supply chain system. Delivery and customer satisfaction Besides quality in service, delivery and customer satisfaction depend on the marketing segmentation as part of the outsourced supply chain program. Therefore, customer retention is achievable through the creation of reliable and affordable marketing channel that is essential in monitoring matrix that maps out potential competitors and identifies weaknesses and strength of the clients. Moreover, the reporting criteria adopted by the outsourced supply chain agents should reflect the success of marketing calendar and set targets generated from time to time. Essentially, success of brand and product management in a new market depends on a proper alignment of a functional idea into the creation of flexible, involuntary, and quantifiable m easurement of perception among the target audience in the supply chain. Reflectively, this idea should have essential elements that can easily sway the mind, either positively or negatively. Therefore, such an organization should brand its business as the most competitive in terms of charges for service delivery and reliability in its outsourced supply chain. Conclusion Supply management system plays a critical role in business process. A modern approach to its management proposes building stronger relationship with a customer to minimize variation in quality. Important tools in safeguarding quality are the supply management system, supplier manual, supplier scorecard, and supply contract. Thus, when outsourcing the supply chain function, it is necessary for an organization to balance the goals and competence of the outsourced agency. This will improve the efficiency in the company’s supply chain, since its scope of operation is global. This essay on New Ideas for Improving the Company was written and submitted by user Alfonso Fletcher to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

How the Star Spangled Banner Became the Anthem

How the Star Spangled Banner Became the Anthem On March 3, 1931, U.S. President Herbert Hoover signed an act that officially made The Star Spangled Banner the national anthem for the United States. Before this time, the United States had been without any national anthem. History of "The Star Spangled Banner" The words of The Star Spangled Banner were first written on September 14, 1814 by Francis Scott Key as a poem titled, The Defence of Fort McHenry. Key, a lawyer and an amateur poet, was being detained on a British warship during the British naval bombardment of Baltimores Fort McHenry during the War of 1812. When the bombardment subsided and Key witnessed that Fort McHenry was still flying its huge American flag, he began writing his poem. (Historical Note: This flag was truly huge! It measured 42 by 30 feet!) Key recommended that his poem be sung as a song to the popular British tune, To Anacreon in Heaven. It soon became known as The Star Spangled Banner. Becoming the National Anthem The Star Spangled Banner was published in a number of newspapers at the time, but by the Civil War it had become one of the most popular patriotic songs of the United States. By the late 19th century, The Star Spangled Banner had become the official song of the U.S. military, but it wasnt until 1931 that the United States made The Star Spangled Banner the official national anthem of the country. Believe It or Not Interestingly, it was Robert L. Ripley of Ripleys Believe It or Not! that spurred the interest of the American people to demand The Star Spangled Banner to become the official national anthem. On November 3, 1929, Ripley ran a panel in his syndicated cartoon stating that Believe It or Not, America has no national anthem. Americans were shocked and wrote five million letters to Congress demanding Congress proclaim a national anthem.

Choose a company that you know well Essay Example | Topics and Well Written Essays - 750 words

Choose a company that you know well - Essay Example This project will try to look at the foundation, the mission and vision of the company and its history in the last five years (Shibaloy, 2011). The mission statement follows its philosophy that states: devoting the talent and technology to produce superior products and services that continue and contribute to better the global society. The vision is to â€Å"inspire the world and create the future† (Shibaloy, 2011). According to the founder, its name Samsung was used to denote a big, power and a numerous entity. True to its name, Samsung are legends in their won field having grown from a small company dealing with groceries, securities and to a multinational company owning all sorts of investment in the world ranging from electronic to health and insurance companies. The last decade has been a crucial moment for Samsung. They have extended their roots in technology deep down the spine of their competitors such as Nokia and Apple Company overtaking them through their massive innovations. This has, however, come not without a fair share of challenges. In 2000, a computer programming laboratory established in Warsaw, Poland was the start of its journey. The work began with set top boxes technology before advancing to digital TV and smartphones. According to statistics, Warsaw base is Samsung engine in terms of Research and Development Center. It has lead to the magnificent innovations which have seen it rise to a global company commanding a big market share in the electronic industry (Shibaloy, 2011). The company expanded its market by becoming the sole supplier of Rolls-Royce Trent combustor module used in Airbus A380. Samsung Company was also part of the engineering work of Boeing’s 787 Dream liner which derived some profits to the company. In the year 2010, Samsung publicly announced a ten-year growth strategy that was focused around five major businesses. Among the

A real hero Essay Example | Topics and Well Written Essays - 750 words

A real hero - Essay Example These superheroes joined forces (Moore & Gibbons chapter 1:3) after the death of Edward Blake. In accordance to my opinion, I believe that Doctor Manhattan qualifies as the real hero in the comic book as evidenced from being expressed as the main character in the story, he is close to perfection plus he is not a costumed hero. Doctor Manhattan is expressed as the main character in the story. Moore and Gibbons (chapter 3: 5) describe Doctor Manhattan as the character on which other superheroes rely on. Born as normal human beings, but later transformed to a superhero after an accident while conducting a nuclear physics experiment, Doctor Manhattan acquired god-like powers, telekinesis power, superhuman strength, teleportation ability, and control over matter existing at subatomic level. He also has the ability to perceive the present, past and future â€Å"... particles which travel backward through what... *you* perceive as time... therefore obscuring my vision of the present†¦ †(Moore & Gibbons chapter 3: 7). Not any superhero mentioned in the comic book surpassed the powers which Doctor Manhattan possessed hence remaining as the true hero. Among all others superheroes, it is only Doctor Manhattan that is perceived as a close to â€Å"perfection† creation (Moore & Gibbons chapter 4: 6). ... He acts as the leader of the superheroes as he possesses an ability that can only be equated to a god (Moore & Gibbons chapter 4:8). Lauri, Nite Owl, Rorschach, and Veidt are not real heroes as they had powers, but did not surpass that of Doctor Manhattan. In addition, these superheroes usually followed orders from Doctor Manhattan on what to do since they were dependent on his intellect abilities to make decisions on what to do. Doctor Manhattan was a real hero since he was not a costumed hero like the rest of the superheroes like Dan, Laurie and Rorschach. In the comic, other costumed heroes become disturbed when Doctor Manhattan gets picked up by the United States army and kept as the ultimate weapon in case of attack. In addition, he is dubbed as a real super hero making the costumed superheroes more worried of what might become of them (Moore & Gibbons chapter 4:9). Hence, the costumed superheroes more so depended on Doctor Manhattan a lot to make sound decisions. It is via Doct or’s Manhattan intelligence that the military is able to build sophisticated weapons that they could use in fighting their enemies. The costumed superheroes also took advantage of these. In summary, Doctor Manhattan is a real superhero in the comic book as evidenced from his depiction as a main character of which the story is dependent on him. In addition, he is a real hero since he is equated to a perfect being in the sense that he is equated to a god and could not be killed easily like the rest of the superheroes who expressed various weaknesses. Furthermore, Doctor Manhattan is depicted in the comic book as a real hero as evidenced from him being taken by the U.S government army to help them in the fight of their enemies. This did not happen to the other costumed superheroes and at

History and Political Science Essay Example | Topics and Well Written Essays - 1000 words - 3

History and Political Science - Essay Example The reason generally refers to a human being’s capacity to utilize the strengths of logic and deduction to make judgments in relation to information and knowledge on a subject or matter of significance. Etymologically, the Greek word â€Å"logos† means reason. It is also one of the guiding principles of philosophy. A fundamental attribute of the reason is clarity and it is so because vague judgments or instincts are not considered reason, reason has to sound, precise and logical. The ideas of democracy and reason are relatively intertwined such that neither one can possibly function properly without the other. Both democracy and reason are based on the foundations of freedom of thought and speech which allows every individual to exercise their right to thinking freely without restriction and then presenting these thoughts in the form of reasonable discussion formed by logic and objective understanding of any matter of importance. â€Å"..no system of government can or should be imposed upon one nation by any other.† (Obama, Barack, 2009). If a nation or a country is not liberated in the sense that there is alien oppression or control, it goes without saying that even the minds and perception consisting of reason are clogged as well. In a true democracy, the mob which comprises of the majority formulates all the rules, ethics, morals and regulations on the basis of reason and logical rationale. The reason is a human’s tool of understanding and ju dgment. It is the method of identifying entities through one's senses. We use our minds to identify what we have observed by gathering more perceptual information until we can understand what we see. Reason is the element of a human that allows it to understand how exactly to gather information, and which information to gather. This gathering of information leads to a process whereby we utilize the power of reason to mix up and combine the information in a more organized and efficient way; this organized form of information is converted into knowledge. The new found knowledge is processed with body of knowledge that a human already has, in order to gain a better understanding of it. This cycle results in the form of well reasoned judgments and opinions. The idea of democracy suggests that if the common man that makes up the majority of a nation is empowered and allowed to make up the government that controls the nation, usually through a representative party or group, then that comm on man must also have the powers of reason and logic to form the wisest of judgments and opinions so as to allow for the best and most practical set of rules, regulation, laws, morals and ethics to form. The inclusion of reason in laying the foundations of democratic ideas is essential so that there is minimal conflict. It is impossible for democracy and reason to survive on their own; they are like lungs and a human, neither one is useful without the presence of the other. In the same way, if democracy chose to survive alone it would not be able be able to do so because the principles and the ideas of democracy lay their emphasis on the objectivity of reason. Reason can also not in itself survive, in

History Of Cultural Tourists Tourism Essay

History Of Cultural Tourists Tourism Essay Tourism has been known as one of the worlds fastest and largest growing industry. The industry has become very significant to all countries across the world as for decades it has been a major contributor to a countrys economic growth and development. Nevertheless, today there has been a trend and an increasing growth of various tourism markets segments in the tourism industry, which one of them is known as the cultural or heritage tourism that has become the most significant and fastest growing segment in the tourism industry (Virginia Department of Historic Resources, 1998 cited in Huh, Uysal, and McCleary, 2006). Cultural tourist defined by The Australian Bureau of Statistics (1998) is someone who has visited to cultural places and spent at least one night in more than forty kilometres from his original place of residence. The cultural places or attractions can be various including art galleries, museums, animal and sea parks, libraries, concerts, theatre plays, dancing performances and cinema (cited in Filippou et al., 2010). Cultural tourism as a distinct product category generally is different than when people travelling to a destination to experience cultures. Since all travel could involves cultural elements in which tourists are moving from their own cultural environment and travel to destination to experience other cultures. Even various touring activities may enable tourist to experience cultural differences. Yet, cultural tourism means more than just cultural displacement and it is important to distinguish between cultural tourism and touring to different cultures. Cultural tourism i nvolves in the consumption of different range of a destinations tangible and intangible cultural heritage assets include archeological sites, museums, castles, historical or famous buildings, arts, theatre, primitive cultures, subcultures, ethnic communities and other things that represent people and their cultures (Richards, 1996; Goodrich, 1997; Miller, 1997; Jamieson, 1994 cited in McKercher, Ho, Cross, and Ming, 2002) There are only few research has been published examining the cultural tourism market, yet there are some figures indicating the size and the significant of this market. According to various research studies, a significant amount of percentage of tourists going for cultural experiences such visiting cultural attractions and participating in various cultural activities which are not sun, sand and sea related (Richards, 1996 cited in Yun et al., 2008). The World Tourism Organization has also estimated the cultural tourism market accounts for 37 percent of all tourist trips and demand is growing by 15 percent per annum (Richards, 1996 cited in McKercher and Cross, 2003) The growth and importance of this cultural tourism has been stimulated mainly due to the rising demand despite the fact research has showed that cultural tourism is not developing as fast as the global tourism as a whole (de Hann, 1998 cited in Richards, 2007). However, due to the emerging of more educated and sophisticat ed tourists has enable people to access culture and globalization also tend to create more interest in cultures as well as local heritage. Cultural tourist now represents as a new type of mass tourist which seeks for meaningful cultural experiences (McKercher and DuCros, 2003). Thus, this paper objectives is to present a market intelligence report to Australias Destination Marketing Organization (DMO) which will provide them information particularly on cultural tourism segment. This paper also attempts to identify and analyze the profile characteristics and behavior of cultural tourists market in terms of its (1) demographic characteristics, (2) types of information sources used, (3) travel booking preferences, (4) travel motivations, (5) activity participation, (6) travel expenditure, and (7) the marketing implication that needs to be taken account or understand by the destination marketers in such a way for destination to maximizes the its appeal and profit, and highly attract more cultural tourists to the destination by understanding their behavioral profile. 2.0 Target Market Analysis There have been various tourism research studies of cultural tourism which have focused on identifying and analyzing the characteristics of cultural tourists market. These studies are aim to provide comprehensive information and to learn in depth about the target market including their demographic characteristics, the travel behavior characteristics and motivations of tourists who visits cultural destinations, information sources used, booking preferences, expenditures as well the type of cultural activities they participated in such a way to develop marketing strategy of the destination. 2.1 Demographic Characteristics Firstly, to have the understanding of the cultural tourism market segment of what are the characteristics of cultural tourists that visit cultural attractions or participate in cultural activities, hence demographic indicators are being used in tourism research to profile tourists such based on gender, age, income, educational levels, occupation, or marital status. On September 27, 1999 and April 16, 2000, data study were collected by the Canadian Tourism Commission (CTC) in the United States by conducting a Travel Attractions and Motivation Survey, which to examine US originated tourists and helps to obtain general understanding of tourist behaviors and demographic profiles of cultural tourist in visiting various of cultural attractions or activities (Kim et al., 2007). There are 29 types of cultural attractions being identified and were categorized into a few distinctive groups using cluster (four clusters) analysis (see appendix A1) which are include festival and musical attractions, Commercial recreation parks, local festivals and fairs, knowledge or aesthetic seeking attractions. A series of logistic regression analyses were used in this study to identify the various demographic characteristics (gender, age, income, and education) on the four clusters of cultural attraction participation (see appendix A2). In addition, another study were a lso conducted which was composed of tourists who visited the cultural attraction of Virginia Historic Triangle (Williamsburg, Jamestown, and Yorktown) in June and August 2002 (see appendix B) (Huh, Uysal, and McCleary, 2006). On the basis of the two studies mentioned above, demographic characteristics of cultural tourism segment can be clearly identified. It can be concluded that greater percentage or number of women participate in cultural tourism than men. Research also shows that the cultural or heritage tourism segment is slightly moved towards more females. U.S Department of Commerce and the U.S Presidents Committee in the Arts and the Humanities (2005) showed that the majority of women or females participate more in cultural activities compared to men, this is because the position women has improved in recent decades, both in the family and workplace. Women also tend to have the biggest role in decisions making regarding to family vacations both in terms of duration of trips and destination choice (cited in Filippos et al., 2010). From the findings can be concluded cultural tourists are largely made up of adults and the senior age group in the aged of 40s- 60s years. Despite the younger age group ty pically aged 20-29 shows the smallest percentage in cultural tourism yet they are also part of the key demographic group. Moreover, large number of of cultural tourists tends to belonged to the high social group with high household income of $80,000 or more, and generally they are well highly educated with higher percentage of having college and advanced degree (graduate level). Hence, the higher education level of tourists, it shows greater participation and interest in cultural tourism. In contrast the lower percentage of participation in the four clusters of cultural attractions is mostly tourists with lower education level in high school and college. 2.2 Information Sources used As part of information search about the destination that tourists want to visit, there are wide range of information sources of travel that tourists can choose prior to their destination include brochures and material published by visitor information centers and by tourist boards, articles or magazines, internet, TV, word of mouth (WOM) by friends and relatives, travel guidebooks, tour guides, travel agents, and past experiences. The different kinds of information sources available may be grouped into those accessed through internal and external searching (Fodness and Murray, 1997, 1998; Gursoy and Chen, 2000 cited in Osti, Turner, and King, 2009). To know the main travel sources of information being used by cultural tourists can be obtained from a secondary data study which was drawn from the 2004 Tourist Exit Survey conducted on Prince Edward Island (PEI), Canadas major tourist destination, with a total of 3,139 surveys were completed by overnight pleasure tourists (Yun et al., 2008). The 3,139 tourists were categorized into two clusters groups of non-cultural tourist (cluster 1) and cultural tourists (cluster 2) about 1,996 (63.6 percent) of tourists have low participation in cultural activities and 1,143 (36.4 percent) highly involved in cultural activities. Based on the survey results, it was found that the majority of cultural tourists most likely to used the internet or tourism website as a main source of information which accounts for 58.4 percent. Travel information package (49.4 percent) is also become the second main important source of information used by cultural tourists, followed by friends, relatives, or co-workers which accounts for 36.9 percent, this may reflect the high information content of travel information package and strong personal recommendation from friends or family. Cultural tourists are also more likely to use package tour, travel guidebooks, and tourist information centre as well as a source of their travel information. However, very few of them used of newspaper story or advertisement, travel agent, and television program or advertisement as their source of information (see appendix C). 2.3 Travel Booking Preferences Travel booking preferences is closely related to how cultural tourists book its travel in order to visit a cultural destination. Motivations for Travel What are generally the main travel motives of cultural tourists towards attending cultural experiences in a particular destination? Murray (1964), defined motives as a separate distinguishable internal characteristic that occurred, direct, and integrate a persons behavior (cited in Kay, 2009). Some empirical research studies have been conducted to gain better understanding of tourist motivation for traveling to cultural attractions and events or other cultural experiences being offered in the destination. A growing body of conceptual and empirical research is showing basically that not all cultural tourists are homogeneous. Some studies have segmented this market based on the importance or centrality of cultural tourism in the decision to visit a destination. Then McKercher (2002) has built on these studies by adding depth of experience and created a two dimensional model that produces a conceptual model of cultural tourists (see appendix D1) in which he classified and identified five types of cultural tourists based on the centrality and depth of experience (from shallow to deep), and the importance (or centrality) of cultural tourism (Low to high). He recognized different tourist may display different experiences despite having the same or similar motivation levels. Since availability of time, travel partners, tour group participation, level of awareness and interest, education, ethnic background and various other factors could affect individuals participation in cultural tourism (c ited in McKercher, Ho, Cros and So-Ming, 2002). The types of cultural tourists he has identified include the purposeful (high centrality/deep cultural experience), sightseeing (high centrality/shallow experience), casual (modest centrality/ shallow experience), incidental (low centrality/shallow experience), and serendipitous (low centrality/ deep experience) cultural tourists. This model was then tested empirically on a sample on a sample of cultural tourists visiting Hong Kong and differences can be identified in terms of their travel motives (see appendix D2). Based on the data results of this study, each of the different types of cultural tourists are motivated to travel for different reasons than other tourists. Purposeful and sightseeing cultural tourists were motivated to travel for educational and cultural reasons, see travel mostly as a change to grow personally and as a change to learn about anothers culture. In contrast, incidental, casual serendipitous cultural tourists were motivated to travel for creation, fun, and r elaxation, yet to learn also about other cultures. However, serendipitous see travel as more to change to grow personally instead for relax (McKercher and Cros, 2003). There was another general research study by Pandora L. Kay, in the journal of Cultural Experience Tourist Motives Dimensionality: A Cross-Cultural Study (2009). It examine tourists motivational for attending and experiencing a range of cultural related experiences, some was by taken a sample represented by Japanese tourists and Mainland Chinese tourists (see appendix D3). The data showed a generic scale for measuring travel motives for tourists visiting cultural attractions, most commonly found on the dimensions from selected empirical studies representative of the considerable body of tourist motivation research in various contexts. The data shows the most commonly found travel motive dimension in a general context in relation to cultural and non-cultural attractions. Several motive dimensions being listed and it emphasized a large number of psycho-socio-physiologically based dimensions and with the listed of the authors. It clearly shows that only one significant travel motive dime nsion found for cultural attraction motives which mainly for education or knowledge based on the three studies. 2.5 Activity Participation There are huge varieties of activities that cultural tourist usually participate in. The most common and important activities that cultural tourists still mostly engage or participate is visiting cultural sites or attractions such as museums, galleries, and monuments. Based on ATLAS (2004) surveys, about 60 percent of tourists had visited a museum, 30 percent had visited a monument and 29 percent visited a gallery. In addition, there is a trend of moving toward a greater visitation to various different types of cultural attractions in a destination mainly towards arts attractions such as visiting to art galleries, performing arts, and festivals (cited in Richards, 2007). Furthermore, study of cultural tourist taken from Tourists Exit Survey on Canadas major destination Prince Edward Island (PEI), 2004 have identified the different activities participate by cultural tourist compared to non-cultural tourists (see appendix E1). Overall, high percentage of cultural tourists were likely to participate in sightseeing, visiting beaches, visiting a national park, driving tour, and shopping for crafts and souvenir compared to other travel activities being listed. Nevertheless, activities that cultural tourists pursued in a destination can also be different from one another since different types of cultural tourist display different behaviors at a destination. McKercher (2002) classification of five different types of cultural tourists based on the centrality and depth of experience ranging from a shallow, superficial or sightseeing experience to a much deeper, learning oriented experience may display differences in cultural activities participation (see appendix E2). The first is purposeful cultural tourist which characterized as highly motivated and tends to have high centrality and deep cultural experience, thus this type of tourist would generally participate in activities of visiting cultural sites such museums instead of shopping, they likely to visit shop in local markets rather than in stores selling brand names. Tourist who is highly motivated but has more shallow experience is known as the sightseeing cultural tourist. This type of t ourist usually interested in collecting experiences rather than pursuing any one activity in depth, and mostly undertakes activities such visiting museums, shopping or visit local market. The third is casual cultural tourist that has a shallow experience and a destinations culture or heritage such historic buildings or theme parks plays role in the decision to visit. The incidental cultural tourist also has shallow experience and not so motivated to travel for cultural or reasons but still participate in mass cultural tourism activities such as heritage theme parks and other places of entertainment. They tend to avoid visiting temples and other religious assets, and rather choose to visit stores selling brand names. Lastly, the serendipitous cultural tourist is characterized as having deep experience yet has no motivation to travel for cultural reason and still participate in cultural activities like visiting museums (McKercher, 2002, McKercher and Cros, 2003). 2.6 Travel Expenditure Travel expenditure is refers to travel budget or the amount of money in which cultural tourists spend on cultural tourism in a destination. According to a research, cultural tourists known in their high spending on cultural tourism in most tourist destinations with average total spending over $1920 which consider as much higher than visitors on a rural holiday ($1320), at the beach ($1825), and on city trips ($1535) in 2004 ( Richards, 2007). The same data results of study which were taken from the 2004 Tourists Exit Survey conducted on Prince Edward Island (PEI) with 3,139 respondents of overnight pleasure tourist both consist of non-cultural tourist and cultural tourists, clearly shows the differences in travel expenditure between the two clusters (Yun et al., 2008). Cultural tourists generally spend more than non-cultural tourist with the average total spending per person per trip basis of $1186.2 whereas non-cultural tourists only have the total average spending about $825.1 (see appendix F). The relatively high amount of spending of cultural tourists highly associated with the high income levels which characterized this market segment. In terms of expenditure categories, based on the data results the largest percentage cultural tourist spent on accommodations, at restaurants and bars, spending on souvenirs and crafts. 2.7 Marketing Implications Based on all the key findings on the profile characteristics and behavior of cultural tourism segment from various research studies, it has showed that cultural tourists have displayed different characteristics, behaviors, needs, wants and interest compare to non-cultural tourists, as well as different behavior, experience, and motivation are demonstrated in the five different types of cultural tourists indentified by McKrecher though their demographic characteristics are largely the same. This will likely affect the destination marketing or management organization in taking decisions of developing its marketing strategy which can be in terms of product, promotion, packaging, and distribution. Cultural tourists like to seek different activities when they travel include sightseeing, visiting to museums, historical building, and other sites represent culture of a destination. Then destination marketers need to understand the needs of cultural tourists and travel behaviors through a promotional effort of promoting and providing a variety of packaging arrangement of cultural attractions. The types of packaging arrangement that can be offer to cultural tourists can involve different types of cultural products such as museum packaging with art festival and theatre performance or can also be national parks and art galleries. The advantage of these packaging arrangements can create a wider level of interest and offers the variety of experiences that most people are seeking, as well as increasing perceived value for time and money spent. Furthermore, cultural tourists are generally motivated to travel for knowledge or educational reasons and seen as for self personal development by learning others culture. A good strategy of promoting cultural attractions or activities can be created by emphasizing the educational elements or educational information that may benefits to the tourists. Besides, various promotions could be focuses on promoting cultural facilities, attractions, and events through advertisement such as on website, travel guidebooks, or travel operator can be used to capitalize on opportunities to attract more cultural tourists and increase their motivation to participate in greater cultural activities. Moreover, a growing body of conceptual and empirical research has shows the conceptual model or typology of cultural tourists identifying there are five types of cultural tourists which has demonstrates differences on the basis of their behavior, involvement cultural activities and travel motivation. Each of different types of tourists may seek different experiences and engage at different levels of cultural attractions both high and low involvement. For these reasons, destination marketers need to accurately segment the different types of cultural tourists market and apply differentiating marketing strategy for packaging and promotional or advertising in such a way to attract and suits the needs of the different types of cultural tourists. The first is the purposeful cultural tourists who are greatly involved in cultural activities and highly motivated to travel to gain deep experience and knowledge, while sightseeing tourists similar to purposeful tourists the main difference is having shallow experience. Thus, destination marketers need to create an informative promotional or advertising strategy emphasize on works shops, exhibitions, performance, architectural, discussions, museums collection book shops, publications and research to attract both of these cultural tourists. Since these tourists have high involvement, they need to develop deep understanding of the meaning of cultural connections of the attraction and they are may highly attract or influenced by cognitive information (Kantanen and Tikkanen, 2005). Next, the casual and incidental cultural tourists both have shallow experience and not highly motivated to travel to cultural attractions instead they are motivated to travel for fun, creation and relaxation yet still somehow engaging in more cultural entertainment and theme parks. Therefore, persuasive advertising strategy that appeals emphasize on parks, galleries, theater, theme events and parks would appropriate to attract this low involvement type of tourists. Then one effective marketing communication that allows to reach these tourists when they spend time in the destination would be TV advertising on the local network. Lastly, serendipitous cultural tourists who have no motivation to travel to a destination for cultural tourism yet have deep experience. Therefore, satisfaction strategy is can be used to highly attract this tourists to persuade them to visit a destination and experience a cultural attraction. Promotional can be mostly emphasizes on art, architecture, museums, exhibitions, theatre or music performances, and theme events (Kantanen and Tikkanen, 2005). 3.0 Conclusion As the main objective of this paper is to present market intelligence report specifically on cultural tourism segment to Australias Destination Marketing Organization, in terms of its demographic characteristics, information sources used, travel booking preferences, travel motivation, activity participation, travel expenditure, and its marketing implications. Overall, based on the key findings from various research studies of cultural tourists that has been clearly identified, has showed that the cultural tourists segment are different with non-cultural tourists in terms of its characteristics, behaviors, needs and wants. Cultural tourists are made up of adults to senior age with the majority of women participating. This group of segment also highly educated and belong to the high social group of having large household income and travel expenditure. They also tend to choose the internet, travel information and gain information from friends and relatives as their main travel sources o f information. However, McKrecher (2002) reveals that not all cultural tourists are homogeneous and each have different in motivation, experiences and cultural activities participation classify as the purposeful, sightseeing, casual, incidental and serendipitous cultural tourists. The main marketing implication for these reasons, destination marketers should be able to segment the different of cultural tourists market segments with different cultural products needs, promotional strategy and packaging arrangements to cater the needs each of the cultural market as well as to increase their participation in cultural activities. .

Toys R Us :: essays research papers

These past few years haven't quite been all fun and games for John Eyler, chairman and CEO of Toys "R" Us. Shortly after joining the company in January 2000, Eyler set about revamping Toys "R" Us to better compete in the marketplace while brushing up the company's image. But a downturn in the economy together with the effects of 9/11, not to mention the West Coast port lockout, wasn't part of the plan. Although he still has considerable work ahead of him, Eyler's efforts appear to be paying off. Total sales were up two percent for both the second quarter and the first six months of 2002, compared to the previous year, and results for the entire year should likewise prove relatively strong. The company credits "careful attention to inventory management combined with very strong expense controls" for the positive numbers. Customers, however, are impressed with the improved service, remodeled stores, and price cuts on hundreds of toys. Part of the company's successful turnaround lays in the partnership its Toysrus.com unit formed with Amazon.com just over two years ago to sell toys online. Under the agreement, Amazon.com is responsible for handling all orders, including shipping and customer service, for Toysrus.com. The primary responsibility of Toysrus.com is to choose the toys to offer online and make sure there's plenty of available stock. Both companies will face challenges, however. For Amazon.com, the test will be to make sure its complex fulfillment systems integrate seamlessly with Toysrus.com's. The eTailer must also coordinate the tricky placement of products in distribution centers to avoid cost overruns. Toysrus.com is faced with finding the right balance between supplying Toys "R" Us stores and the web site with "hot" toys, so as not to disappoint customers. Furthermore, to make orders profitable, it must get people to buy multiple products. The venture has also helped build both companies' brand names and extend their reach into the marketplace. According to John Barbour, president of Toys "R" Us International, and one of the executives who played a pivotal role in creating the partnership, about 1.

Inchoate offences Essay

The word inchoate offence in ordinary sense means just begun or undeveloped. An inchoate can be defined as a preparation for committing a crime. The Inchoate offences can also be termed as preliminary crimes or anticipatory crimes. Inchoate offence â€Å"has been defined as conduct deemed criminal without actual harm being done provided that the harm that would have occurred is one the law tries to prevent†.. For an inchoate offence there must be Mens Rea and in some cases there must be Actus Reus also. If A after procuring a loaded gun fires at B but however B escapes, but even though A will be liable for punishment for attempting the offense. And also in above case there exists _Mens Rea_ and _Actus Reus_ but however it does not made any injury. This illustration can be categorized into an inchoate offence. Criminal liability is not limited to those people who succeed in committing it also exceeds to those who try to commit and offence whether they succeed or fails are not in question of matter. ‘The Indian Penal Code 1860 has accordingly made provision for the punishment of persons involved in such preparatory acts in order to prevent the crimes from being committed’.[1: Gaines, L. K., Kaune, M., & Miller, R. L. (2001). Criminal justice in action: The core. Australia: Wadsworth Pub.][2: Guar, K. D. (2008). Preliminary crimes. In criminal law: cases and materials (5th ed., p. 245). New Delhi, India: LexisNexis Butterworth’s.] _’Actus Non Facit Reum Nisi Mens Sit Rea_ insists that no criminal liability can generally be fastened to an individual for merely either having guilty mind or an evil design (_mens rea_) or committing a blame worthy prohibited act (_actus reus_ ) unaccompanied with the required culpable state of mind or requisite foresight of its evil consequences’.[3: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Attempt. In PSA Pillai’s Criminal law (11th ed., p. 179). New Delhi, India: LexisNexis Butterworths.] According to English law the crime which penalise conduct before the commission of the crime are known as inchoate offences. Common law has developed the three types of inchoate offences such as attempt, conspiracy and incitement. It classify attempts as (where the defendant has taken steps â€Å"towards carrying out a complete crime†, incitement, where the defendant has encouraged others to commit a crime, and conspiracy, where the defendant has agreed with others to commit a crime. In each case, the defendant â€Å"has not himself performed the actus reus but is sufficiently close to doing so or persuading others to do so, for the law to find it appropriate to punish him†).[4: Inchoate offences in English law – Wikipedia, the free encyclopaedia. . Retrieved March 29, 2014, from http://en.wikipedia.org/wiki/Inchoate_offences_in_English_law] TYPES OF INCHOATE OFFENCES I.CRIMINAL ATTEMT ‘Attempt in criminal law is an offense that occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not in fact commit it’.’In English law, an attempt is defined as ‘doing an act which is more than merely preparatory to the commission of the offence’ according to the Criminal Attempts Act 1981†².Mainly there are three types of criminal attempt. The first one is a complete attempt that when a person takes every action required to commit a crime but fails to succeed it that is for example A after procuring a loaded gun fires at B but however B escapes , this is a complete attempt. Second one is an incomplete attempt. This is when a person abandons or is prevented from completing a crime due to an event beyond his control such as due to the arrival of police on the spot etc. can be categorised in this type. Next one is an impossible attempt. It arises when the convict makes a mistake in committing a crime for example firing the gun only to realize that it was not loaded.[5: Attempt – Wikipedia, the free encyclopaedia. . Retrieved March 30, 2014, from http://en.wikipedia.org/wiki/Attempt][6: Herring, Jonathan (2013). Criminal Law Statutes 2011-2012. Hoboken: Taylor and Francis.] ‘It can be drawn that criminal offenses by a person have four distinct stages. The formation of the intention to commit it; The preparations for commission of the contemplated crimes; The attempt to commit it ; If the third stage is successful, the commission of the intended crime.'[7: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Attempt. In PSA Pillai’s Criminal law (11th ed., p. 177). New Delhi, India: LexisNexis Butterworths.] Among these, criminal law does not penalise the first two stages because it is not possible to look so deep into the mind of a person to prove his inner intention. In early times criminal attempt was not punished under common law or by Indian Penal Code 1960. This is because, ‘if the intention and the  preparation were made punishable it would be impossible to prove that the object of n accused was to commit an offense’.[8: Guar, K. D. (2008). preliminary crimes. In Criminal Law: Cases and Materials (5th ed., p. 263). New Delhi, India: LexisNexis Butterworths.] ‘Early common law did not punish attempts; the law of attempt was not recognised by common law until the case of _Rex v. Scofield_ in 1784’.[9: Lippmann M. (2010). Contemporary Criminal Law, 2nd Ed and Texas State Supplement for Lippmann’s Contemporary Criminal Law, 2nd Ed. Sage Pubns.] Mainly there exists three elements for a criminal attempt they are firstly an intention to commit a crime, secondly an act towards the commission of the crime and thirdly a failure to commit crime. CRIMINAL ATTEMPT UNDER THE INDIAN PENAL CODE 1860 Attempt to commit offences in general under s 511 of the IPC 1860; _Abhayanand Mishra v State of Bihar_ [10: AIR 1961 SC 1698] _Malkiat Singh v State of Punjab_[11: AIR 1970 SC 713] Attempt to commit capital offences , like murder , culpable homicide and robbery ;[12: Indian Penal Code 1860,ss 307, 308 and 309] _Om Prakash v State of Punjab_[13: AIR 1961 SC 1782] _Emperor v Vasudeo Balvant Gogte_[14: AIR1932 Bom 279] Attempt to commit suicide;[15: Indian Penal Code 1860, s 309] Attempt to commit crime against state, head of state, sediction etc.; [16: Indian Penal Code 1860,ss 121, 124, 124A ,125, 130 ,131, 152, 153A, 161 ,162 ,163 ,165 ,196, 198, 200, 213 ,239 ,240, 241 ,251 ,385 ,387 ,389, 391 ,397 ,398 and 460] MENS REA IN CRIMINAL ATTEMPT â€Å"_Mens Rea_ in inchoate offense is not merely a condition of fault. It is a component of the danger of criminal harm that determines the need for forceful intervention†. A criminal intention includes a dual intention , those are an individual must intentionally do an act that are proximate to completion of a crime and the other one is that an individual must possess the specific intent or purpose to achieve criminal objective.[17: Enker, A. N. (1977). Mens Rea and Criminal Attempt. Law and Social Inquiry-journal of The American Bar Foundation, 2(4), 845. doi:10.1111/j.1747-4469.1977.tb00733.x] ACTUS REUS IN CRIMINAL ATTEMPT In criminal attempt, the objective approach requires an act that comes extremely close to the commission of the crime. It also distinguishes preparation or the planning and purchasing of the materials to commit a crime. And the objective approach stresses the danger posed by a defendant’s acts; the subjective approach focuses on the danger to society presented by a defendant who possesses a criminal intent. There also exists subjective approach to attempt focuses on an individual’s intent rather than on his or her acts. FIVE TESTSBY COURTS It is simple to say that an attempt to commit offence begins where preparation to commit it ends, but it is difficult to find out where one ends and the other begins. To solve this riddle various tests have been laid down by the courts. These are as follows: 1) The Proximity Test: – Proximity cause as explains is the causal factor which is closes, not necessarily in time or space, but in efficacy to some harmful consequences; in other words, it must be sufficiently near the accomplishment of the substantive offence. In Sudhir kumar Mukherjee v state of west Bengal and Abhayanand Mishra v The State Of Bihar, the Supreme Court explained the offence of attempt with help of the proximity test, saying that:-[18: AIR 1973 SC 2655][19: AIR 1961 SC 1698] â€Å"A person commits the offence of ‘attempt to commit a particular offence’ when- a) He intends to commit that particular offence; and b) He having made preparation with the intention to commit the offence, does an act towards its commission; such an act need not to be the penultimate act towards the commission of that offence but must be an act during the course of committing that offence. 2) The Locus Poenitentiae test:- The Latin expression speaks about time for repentance. In Locus Poenitentiae the word Locus means, a place,- a word frequently used to denote the place in or at which some material act or even such as crime, delict or breach of contract took place. Locus Poenitentiae means the opportunity to withdraw from a bargain before it has become fully Constituted and become binding. In simple language an act will amount to a mere preparation if a man on his own accord, before the criminal act is carried out, gives it up. It is, thus, possible that he might of its own accord, or because of the fear of unpleasant consequences that might follow, desists from the completed attempt. If this happens, he does not go beyond the limits of preparation and does not enter the arena of attempt. He is, thus at the stage of preparation which cannot be punished. 3) Impossibility Test ‘An act which is impossible to commit cannot be attempted and so it is not culpable’. In ‘Asagarali Pradhaniu v. Emperor’, what the appellant did was not an â€Å"act done towards the commission of offence†, and therefore, he could not be convicted. But in a Malaysian case the accused was held liable for an  attempt to cause abortion when the woman was not pregnant. Even the appeal court held the accused liable because the circumstances in this case seemed to be exactly covered by the illustration to section 511 IPC. The act itself is impossible of performance and yet it constitutes an offence of attempt to commit crime. This was precisely the position in English Law before Houghton v. Smith case.[20: Gaur, K. D. (1998). Indian Penal Code (2nd ed., pp. 696-707). Oxford IBH.][21: (1934) ILR 61, 64] In ‘_R v. Shivpuri’_ it has been held that, if the mental element has proceeded to commit the act but failed his responsibility for attempt would be evaluated in the light of facts as he thought them to be (putative facts).[22: (1934) ILR 61, 64] 4) Social Danger Test In order to distinguished and differentiate an act of attempt from an act of preparation the following factors are contributed. A) The seriousness of the crime attempted; B) The apprehension of the social danger involved. In this test the accused’s conduct is no examined only partially but the consequences of the circumstances and the fullness of the facts are taken into consideration. For example, A administers some drugs to a pregnant woman in order to do abortion. However, they do not produce the result. In spite of this A would be held liable for an attempt from the view point of the social danger test, as his act would cause as alarm to society causing social repercussions. 5) The Equivocality test: It is a situation wherein there are two opinions about the crime here, an attempt is an act of such a nature that it speaks for itself or that it is in itself evidence of the criminal intent with which it is done. A criminal  attempt bears criminal intent upon its face. In other words, if what is done indicates unequivocally and beyond reasonable doubt the intention to commit the offence, it is an attempt, or else it is a mere preparation. CASES The Case of _State of Maharashtra v. Mohd.Yakub_ A jeep driven by the respondent and a truck was stopped at about midnight near a bridge. The respondents started removing the bundle from the truck. At this time customs officials acting on a clue reached the spot and accosted the respondents. At the same time, the sound of a mechanized sea-crafts engine was heard near the side of the creek. Two persons from the neighbourhood were called and in their presence silver ingots were recovered from the vehicles. Respondent no-1 had a pistol, a knife and some currency notes. On the questioning it was found that the respondents were not the dealers in silver. The trial court convicted the accused u/s 135(1) (a) read with section 135(2) of the Customs Act for attempting to smuggle out of India silver ingots worth about Rs. 8 lakhs in violation of Foreign Exchange Regulation Act, the Imports and Exports (control) Act and the Custom Act. But the Additional session judge acquitted them on the ground that the facts proved by the prosecution fell short of establishing that the accused had ‘attempted’ to export silver in contravention of the Law. The High Court upheld the acquittal. The Supreme Court however allowed the appeal and set aside the acquittal.[23: (1980) 3 SCC 57] The reasoning behind the imposition of responsibility for criminal attempts has been stated to be to control dangerous conduct or person. For the commission of crime by person involves four stages viz, formation of the intention or mental element, preparation for commission of crime, acting on the basis of preparation, commission of the act resulting in an event proscribed by law. To criminalize attempts these four stages are involved but the last stage fails to complete. As stated by Kenny, criminal liability will not begin until the offender has done some act which not only manifests his mens rea but also goes some way towards carrying out it. In this regard, to commit offence of attempt mens rea, preparation and actus Reus are  necessary values but the actus Reus is failed to be completed. These values generally criminalize the attempt and impose criminal liability on the person who commits the offence of Attempt. 2. CRIMINAL CONSPIRACY Criminal conspiracy can be defined as ‘secret plan by a group of people to do something harmful or illegal’. The crime of conspiracy is comprised of an agreement between two or more persons to commit a criminal act. ‘Criminal law in some countries or for some conspiracies may require that at least one overt act must also have been undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offence). For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced’.Conspiracy has been defined in the US as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions.[24: Manser, M. H., & McGauran, F. (2005). c. In Oxford learner’s pocket dictionary (3rd Ed.). Oxford: Oxford University Press.][25: Conspiracy (criminal) – Wikipedia, the free encyclopaedia. Retrieved March 30, 2014, from http://en.wikipedia.org/wiki/Conspiracy_(criminal)][26: Conspiracy Law & Legal Definition. Retrieved from http://definitions.uslegal.com/c/conspiracy/] Section 120A of the Indian Penal Code 1860 say that members of criminal conspirators are jointly liable for the conspiracy to commit an offence and s 120B provides the punishment in such cases.the Supreme court held in the Krishna Govind Patil v State of Maharashtra that the pre-arranged plan may develop on the spot during the course of the omission of the offence but the crucial circumstances is that it must precede the act constituting the offence. When on the shouts for help given by the complaint and the injured, others came to their rescue , all of them ran away together .the accused  in the furtherance of that common intention began to remove the cheaper and when Ram ha rakh obstructed, they beat him and the others who came to resists their attack and aggression.[27: Gaur, H. S., Desai, M. C., Kumar, G., & Sethi, R. B. (2000). The penal law of India: Being an analytical, critical & expository commentary on the Indian Penal Code (Act XLV of 1860) as amended up to date (11th ed., pp. 1101-1131). Allahabad: Law Publishers.][28: AIR 1963 SC1413][29: Gaur, K. D. (2008). Preliminary crimes. In Criminal law: Cases and materials (5th ed., p. 237). New Delhi: LexisNexis Butterworths] According to Indian Penal Code 1860 conspiracy is a substantive offence.it exists in the very agreement. Between two or more persons to commit a criminal offence, irrespective of the further consideration whether or not the offence has actually been committed.[30: Bimbadhar Pradhan v State of Orissa AIR 1956 SC 469] Among the other inchoate offences criminal conspiracy is the most complicate one.it can also be seemed to be arbitrary. ‘If the mere intention of one person to commit crime is not criminal, why should the agreement of two people to do it make criminal? The only possible reply is that the law is fearful of numbers, and that the act of agreeing to offend is regarded as such a decisive step as to justify its own criminal sanction.'[31: Williams, G. L. (1983). The General Part. In Textbook of criminal law (2nd ed., p. 420). London: Stevens’s sons.] ACTUS REUS IN CONSPIRACY The actus Reus of criminal conspiracy is that entering to an agreement to commit crime. The mens rea of conspiracy is the intent to achieve the object of agreement. The House of Lords in Churchill v Walton held that in relation to strict offences the accused is guilty only if he knows of the circumstances. Accordingly, an agreement to commit a strict offence requires mens rea. There are mainly two types of conspiracy they are a chain conspiracy which involves communication and cooperation by individuals linked together in a vertical chain to achieve a criminal intent and next is  a network type conspiracy which involves a single person or group that serves as a hub or common core connecting various individuals or spokes. ‘Following R v Churchill [1967] HL the Law Commission reported on Conspiracy and Criminal Law Reform (Law Com no 76):†What the prosecution ought to have to prove is that the defendant agreed with another person that a course of conduct should be pursued which would result, if completed, in the commission of a criminal offence, and further that they both knew any facts they would need to know to make them aware that the agreed course of conduct would result in the commission of the offence. â€Å"This report led to the enactment of the Criminal Law Act 1977.Conspiracy imposes criminal liability on the basis of a person’s intention. This is a different harm from the commission of the substantive offence. The intention which is criminalised in the offence of conspiracy should itself be blameworthy, irrespective of the provisions of the substantive offence. A conspiracy is looking to the future. It is an agreement about future conduct. Section 1(1) Criminal Law Act 1977†³Ã¢â‚¬ ¦if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions †¦ (a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement †¦he is guilty of conspiracy to commit the offence or offences in question.† The actus Reus of conspiracy is complete in the making of an agreement in which the parties int end to carry out their agreement. The offence is complete even if the parties do not carry out their agreement. The offence is complete even if the substantive offence is not thereafter committed by any of the conspirators or by anyone else.'[32: ixthformlaw.info/01_modules/mod3a/3_10_principles/15_principles_prelim_conspiracy.htm] CRIMINAL OBJECTIVES[33: Lippmann M. (2010). Contemporary Criminal Law, 2nd Ed and Texas State Supplement for Lippmann’s Contemporary Criminal Law, 2nd Ed. Sage Pubns.] a. Modern statutes generally limit the criminal objectives of conspiracy to agreements to commit crimes b. Wharton’s Rule provides that an agreement by two persons to commit a crime requires the voluntary and cooperative actions of two persons that cannot constitute a conspiracy c. The Gebardi rule provides that an individual who is in a class of persons that are excluded from criminal liability under a statute may not be charged with a conspiracy to violate the same law. According to Indian Penal Code 1860, it contained only two provisions by which conspiracy was made punishable. Later in ‘mulcahy v r the judge ruled that A conspiracy consists not merely in the intention of two or more but in the agreement of two or more to do an unlawful act, or to doe lawful means . So longs as such a design rest in the intention, only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself, and the act of each of the parties, promise against promise actus contra actum culpable of being enforced if lawful , punishable if for a criminal object or for the use of criminal means.'[34: (1860) LR 3 HL 306.] 3. ABETMENT Abetment of a crime means instigating, inciting or encouraging a crime. A person who engages in abetment of a crime is also punishable under law. An Abetment can take place in three ways they are abetment by Instigation, abetment by Conspiracy and abetment by Intentional Aiding. When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either him or jointly with any other person an abetment happens. People who commit an abetment are titled as an abettor. ‘A person abets the doing of a thing, who- Instigates any person to do that thing; Engages with one or more other person or persons in any conspiracy for doing of fact of that thing ,if an act or illegal omission takes place in pursuance of that conspiracy ,and in order to the doing of that thing ; or Intentionally aids, by any act or illegal omission, the doing of that thing.'[35: Gaur, K. D. (2008). Preliminary crimes. In Criminal law: Cases and materials (5th ed., p. 246). New Delhi: LexisNexis Butterworths.] MENS REA IN ABETMENT It is essential to note that when considering the law relating to abetment is the requirement of mens rea as a precondition of liability.it has been held in shrilal v state of Madhya breaththat in order to convict a person of abetting the commit ion of a crime, it is absolutely necessary to connect him with those steps of the transaction which are innocent, but in some way or other, it is absolutely necessary to connect him with those steps which are criminal.[36: AIR 1953 MB 155] ABETMENT BY CONSPIRACY A person is said to be abettor when he commit offence that is entering an agreement with one or more persons to do a legal act by illegal manner. For an illustration A, a watchman of house enters in an agreement with the thief to keep open the gate of that house in night so that they might commit theft. An act or illegal omission should have taken place in pursuance of the conspiracy and in order for the commission of the conspiracy conspired for; in the latter offence , the mere agreement if it is one to commit an offence , is sufficient.to prove the charge of abetment by conspiracy , the prosecution is required to prove that the abettor has instigated the doing of a particular thing or engaged with one or more other person or persons in any conspiracy for the doing of that thing or intentionally aided by an act or illegal omission , doing that thing.[37: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Abetment. In PSA Pillai’s Criminal law (11th ed., p. 204). New Delhi , India: LexisNexis Butterworths.] INGREDIENTS OF ABETMENT [38: Atchuthen, P. P., Suresh, V., & Nagasaila, D. (2012). Abetment. In PSA Pillai’s Criminal law (11th ed., p. 210-211). New Delhi, India: LexisNexis Butterworths.] Abetment of illegal omission is an offence Abetted act need not be committed: effect of abetment is immaterial. Person abetted need not be culpable of committing an offence Abetment of an abetment is an offence Abettor need not concert in abetment by conspiracy. CASES In _Faguna kanta Nath v state of Assam_ , One Narendra Nath was carrying paddy to sell in the market when he was obstruct by an inspector accompanied by appellant and two others and demanded Rs. 200 as bribe but he was forced to pay Rs 150 at the spot and to execute promissory note of Rs 70 in favour of the appellant. The appellant was tried and convicted under S 165A of Indian Penal Code 1860 for having abetted the Inspector for taking gratification other than legal remuneration in respect of an official act by the latter under s161. The High court maintained the conviction of the appellant. [39: AIR 1959SC 673] 4. OTHER TYPES OF INCHOATE OFFENCES: SOLICITATION AND INCITEMENT 1.SOLICITATION Literally, solicitation means â€Å"urgently asking†. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services. Legal status may be specific to the time and/or place where solicitation occurs.Solicitation can also be defined as commanding, hiring, or encouraging another person to commit a crime. Solicitation usually results in a punishment slightly less severe or equivalent to the crime solicited. ‘Criminal solicitation is requesting, encouraging or demanding someone to engage in criminal conduct, with the  intent to facilitate or contribute to the commission of that crime’. [40: Solicitation – Wikipedia, the free encyclopaedia. . Retrieved March 31, 2014, from http://en.wikipedia.org/wiki/Solicitation][41: Solicitation – Find Law. . Retrieved March 29, 2014, from http://criminal.findlaw.com/cr iminal-charges/solicitation.html] THE CRIME OF SOLICITATION The mens rea of solicitation requires a specific intent or purpose that another individual commit a crime. The _Actus Reus_ of solicitation requires an effort to get another person to commit a crime. The crime is complete, the moment the statement requesting another to commit a crime is made. A statement justifying or hoping is not sufficient; there must be an effort to get another person to commit a crime. An individual is guilty of solicitation even in instances that a letter asking others to commit a crime is intercepted and does not reach the intended target. ELEMENTS OF SOLICITATION Though state laws vary, to be guilty of solicitation, one must request that someone else engage in criminal conduct and have an intention to engage in criminal conduct with that person. States vary as to whether the other person must receive the request, or whether the act of making the request (along with criminal intent) is enough to constitute solicitation. Some require that the other person actually receive the request. For example in case of solicitation of prostitution, this generally means that the person must communicate a request that another person engage in sex acts for compensation, and must have the intention to follow through with the request. 2. INCITEMENT In the United States, the term â€Å"solicitation† implies some part of commercial element, consideration, or payment. In some other common law countries, the situation is different where the substantive offense is not committed, the charges are drawn from incitement, conspiracy, and attempt and where the  substantive offense is committed, the charges are drawn from conspiracy, counselling and procuring, and the substantive offenses as joint principals. To an extent solicitation and incitement are similar but they are different. ‘Incitement was an offence under the common law of England and Wales. It was an inchoate offence.’ It consisted of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. In England, The law commission in its consultation paper no. 131, assisting and encouraging crime, 1993 proposed the abolition of incitement and by new offence of encouraging crime. [42: Baker, D. J., & Williams, G. L. (2012). Textbook of criminal law. London: Sweet & Maxwell.][43: Jefferson, M. (2005). Inchoate offences. In Criminal law (7th ed., p. 370). Harlow: Pearson Longman.] INCITEMENT AND OTHER OFFENCE The rationale of incitement matches the general justification underpinning the other inchoate offences of conspiracy and attempt by allowing the police to intervene before a criminal act are completed and the harm or injury is actually caused. There is considerable overlap, particularly where two or more individuals are involved in criminal activity. The plan to commit crime may exist only in the mind of one person until others are incited to join in, at which point the social danger becomes more real. The offence overlaps the offences of counselling or procuring as an accessory. Indeed, in the early case of _R v Higgins_ incitement was defined as being committed when one person counsels, procures or commands another to commit a crime, whether that person commits the crime.[44: Incitement – Wikipedia, the free encyclopaedia. . Retrieved March 31, 2014, from http://en.wikipedia.org/wiki/Incitement] CONCLUSION An inchoate crime can also be defined as ‘A crime committed by doing an act with the purpose of affecting some other offence’. ‘In conclusion attempt can be said to be a general inchoate offense on a statutory basis and abolishing the common law offence of attempt it can also been drawn that  indictable offence can be criminally attempted .the statutory provisions should me made recognising that a criminal attempt can be committed by omission where the target offence in the circumstances of the attempt can be committed by omission .the agreement in conspiracy can be established where only one party has criminal capacity. Abolition of spousal immunity rule in conspiracy is much needed provision. Conspiracy can attach to incitement but not to attempt or conspiracy. In case of incitement the formula â€Å"command encourages requests, or otherwise seeks to influence† another to commit a crime is used to define the act of incitement. The inchoate offence with exception of attempt can be incited but charges that certain more than two layers of inchoate liability should not be constructed’. And finally inchoate offences can also be termed as Preliminary crimes or Anticipatory crime.[45: Baker, D. J., & Williams, G. L. (2012). Textbook of criminal law. London: Sweet & Maxwell.][46: Ireland. Law Reform Commission (1998). Report on privacy: Surveillance and the interception of communications. Dublin: Law Reform Commission.] REFERENCE BOOKS PSA PILLAI’S CRIMINAL LAW CRIMINAL LAW : CASES AND MATERIALS ,KD GAUR CRIMINAL LAW, MICHEAL JEFFERSON TEXTBOOK ON CRIMINAL LAW ,GLANVILLE WILLIAMS THE PENAL LAW OF INDIA, H R DESAI CRIMINAL JUSTICE IN ACTION , L K GAINES & RL MILLER CONTEMPORARY CRIMINAL LAW , MATTHEW LIPPMAN JOURNAL LAW AND SOCIAL INQUIRY-JOURNAL OF THE AMERICAN BAR FOUNDATION. REPORTS IRELAND LAW REFORMATION COMMISSION(1988) WEBSITES WWW.WIKIPEDIA.COM WWW.FINDLAW.COM WWW.CLATHACKER.COM WWW.DEFINITIONS.USLEGAL.COM WWW.LAWNOTES.IN

Operation Husky essays

Operation Husky essays Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat. Sun Tzu The idea for the invasion of Sicily was born at the January 1943, Casablanca conference between President Franklin Roosevelt and English Prime Minister Winston Churchill. The overwhelming success of the North African Campaign allowed the Allies to consider pushing their plans forward to take the war onto the European continent. Therefore, the Allies commenced planning for an amphibious invasion to liberate Sicily, which was, code-named Operation Husky . To better understand this military operation it is necessary to research primary and secondary sources and assess their value. Primary source documents provide unique opportunities for the past to be explored. They provide a richer and more descriptive explanation of the past that cannot be reproduced in textbooks. However, the creator's point of view must be considered when skeptically and critically analyzing these documents. While examining the Records of the Joint Chiefs of Staff it was necessary to determine the documents value and analyze and evaluate the documents for bias or contradiction. The primary documents concerning Operation Husky were useful in understanding the planning that takes place for a military operation, but they had limitations. To fully understand the invasion of Italy it is necessary to compare the accounts in the records to other secondary sources that deal with Operation Husky. The Records of the Joint Chiefs of Staff offered useful insight into the planning of Operation Husky but there were inherent biases and limitations on the information provided that could only be discovered by researching secondary sources pertaining to the subject. To understand the documents within the Records of the Joint Chiefs of Staff it is necessary to determine who wrote these documents and for what purpose. The Records of the Joint ...

Free Essays on Legality Of Same-Sex Marriages

Legality of Same-Sex Marriages The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure public health, and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire to "contract" in the eyes of the law, as well a perhaps promise in the eyes of the Lord and their friends and family, to be responsible for the obligations of marriage as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution, there is no reason why the federal government nor any state government should restrict marriage to a predefined heterosexual relationship. Marriage has changed throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely acc... Free Essays on Legality Of Same-Sex Marriages Free Essays on Legality Of Same-Sex Marriages Legality of Same-Sex Marriages The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure public health, and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire to "contract" in the eyes of the law, as well a perhaps promise in the eyes of the Lord and their friends and family, to be responsible for the obligations of marriage as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution, there is no reason why the federal government nor any state government should restrict marriage to a predefined heterosexual relationship. Marriage has changed throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely acc...

Can A Democracy Be Successful In The Arab World Essay

Can A Democracy Be Successful In The Arab World - Essay Example The commentators often speak about unpredictable social effects that may occur as the result of the attempts to bring democracy to the definite societies outside. The example of USSR is a sample of such unpredictable implosion, when the reforms of Mikhail Gorbachev, integrated into the archaic society by force, resulted in implosion of the state. And such consequences may include not only radical shifts of the society; the other point is that if any kind of resemblance of democracy appears, nobody could foresee what it would look like in this definite society in future. The commentators cite Iran as an example of the point. It is evident that the necessary reforms should be carried out from the outside, by the government and with the help of legislation. However, nobody can say who is to convince the government of any Muslim country that the necessary changes are to be taken. (Turi) The historical experience shows that the USA demonstrated rather careful attitude to this question in the past. Those who comment on the George Bush's speech on Palestine and its successful movement towards the democracy, as it established democratic government, state that he expressed the fear that other countries of the Arab world are likely to missing this point. (Ahrari) The experts regard Jor... The commentators cite Iran as an example of the point. It is evident that the necessary reforms should be carried out from the outside, by the government and with the help of legislation. However, nobody can say who is to convince the government of any Muslim country that the necessary changes are to be taken. (Turi) The historical experience shows that the USA demonstrated rather careful attitude to this question in the past. Those who comment on the George Bush's speech on Palestine and its successful movement towards the democracy, as it established democratic government, state that he expressed the fear that other countries of the Arab world are likely to missing this point. (Ahrari) The experts regard Jordan as the most probable follower of Palestinian-administered territories. Lebanon is also regarded as the country that is coming closer to the democracy, due to the fact that this country doesn't have a strong leader, like Saddam Hussein. The situation in Syria is better now, than it was in time when it was ruled by Hafiz Assad, the father of the current leader of the nation. But the system created by this leader is strong and stable, so there are no evident signs to change to more democratic character. The case with Iraq is regarded as the most hopeless. It is evident that even with the absence of such leader as Saddam Hussein, this country is not likely to swing to democratic system soon. Among the countries of the North Africa, the experts regard Morocco as the most probable candidate for providing democratic changes. However, the other states of this region are supposed to keep up to authoritarian system of governing the country at the nearest future. The leaders of these countries bring their sons up

Timmers Proposed Business Models Essay Example | Topics and Well Written Essays - 6250 words

Timmers Proposed Business Models - Essay Example He gave the definition of a business model as being an architecture for the business, a description of benefits for the business actors and a description of a source of revenues (Timmers, 1998). His business models were e-shop, e-procurement, e-auction, e-mall, third-party marketplace, virtual communities, value-chain service provider, value-chain integrators, collaboration platforms, and information brokerage, trust and other services (Timmers, 1998). The e-shop model was envisioned by Timmers to be the Web marketing of a company or a shop. The Internet portion of this business was marketing. Timmers also stated that the Internet may also be used to order the goods and services, as well as pay for the goods and services. E-procurement is the procurement of goods and services. At that time, large companies and public authorities were the ones procuring in this manner. E-auction is another business model. This is where individuals bid on goods, much like E-Bay. E-mall was envisioned a s an electronic mall, which would consist of e-shops connected by a common umbrella, like a well-known brand. A third-party marketplace is where companies leave the Internet marketing to a third party, such as a marketing event such as e-Christmas. Virtual communities is another business model, which can generate both advertising revenues and membership fees as its income source. Amazon.com was cited as a virtual community by Timmers, as well as communities offering apparel and technology. Value-chain service provider is another e-commerce business model, and this is where a company specializes in a specific part of the value chain, such as electronic payments. Value-chain integrators are business which integrate the value chain. The collaboration platform provides tools and information for collaboration between enterprises. Information brokerage, trust and services are business which add value to the data available on open networks, such as information search, customer profiling, i nvestment advice and the like (Timmers, 1998). Critique of Timmers' Business Models Wirtz et al. integrates some of Timmers' concepts, stating that there are four broad internet business models - content oriented business models, which provide on-line access to content, such as magazines and newspapers on-line; commerce oriented, which offer goods and services on-line; context-oriented, which structures the information found on the web, as opposed to providing content, goods or services; and connection-oriented, which provide the infrastructure which enables the user's participation in online networks (Wirtz et al., 2010, p. 4). Likewise, Tvrkiova and Koubek (2010) integrate the ways that firms may do business and put them into broader categories than did Timmers. They state that electronic business models may be classified as e-business, which means that communication and commerce uses the Internet as the main instrument; e-commerce, in which modern communication technologies are u sed to increase the effectiveness of relationships between companies and consumers; e-marketplace, which is a marketplace, much like an e-mall; e-procurement, which is a business model where business obtain or provide something over the Internet; and e-marketing, where business sell products through a network (Tvrdikova & Koubek, 2010, p. 271). Rao et al. Classifies e-business applications into three major categories. The first category is electronic marketplaces, where goods and services are bought and sold; interorganizational systems, which facilitate the flow of goods, services, communication and collaboration; and customer service, which provide customer service, such as handling complaints and tracking orders (Rao &