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Sunday, March 31, 2019

Charge of Assault Occasioning Actual Bodily Harm (ABH)

Charge of offend Occasioning Actual Bodily Harm (ABH)This drive requires us to consider whether bother should be charged with despoil occasioning actual bodily psychic trauma (ABH) in view of the guidance contained within the Code for Crown Prosecutors. The Code lays shore the principles which the Crown Prosecution Service ( rhythm) apply when deciding whether to accuse and whatsoever decision is taken in accordance with the Full Code turn up (FCT) detai lead in section 4.The first st come along of the FCT is the evidentiary play. The cycles/second must be satisfied that there is sufficient enjoin to endure a realistic prospect of conviction and will consider the admissibility and dependableness of the license. Here consideration is given to whether the evidence has been obtained in br for each one of the patrol and twist Evidence Act ( measure) 1984, whether it whitethorn be excluded under sections 76 and/or 78 and whether it is admissible under give 11 of Criminal Justice Act 2003. There is nothing to suggest the evidence is inadmissible under these provisions.Next the reliability, credibility and weight of the evidence must be considered. Harrys evidence does not give rise to any signifi erectt concerns in relation to reliability and/or credibility. He has no previous convictions, is loosely well liked and has been provided a good reference by his tutor. Further more than, the cabargont is described as crowded and while it is unclear whether this description relates to the club in general or at the time of the incident, it lends credibility to Harrys self-reliance overload was accidently jostled. pawns evidence is supported by three catch state handsts which suggests his evidence is also reliable and credible. However, it would be prudent to consider the human human relationships between Harry, Chloe and shear and the role, if any, these may agree played in his reporting of the incident.In term of Chloes evidence, it is not clea r how far away from the incident she was or how she came to assimilate an unobstructed view while another witness had his view obscured by other nightclub users. Additionally, while her identification evidence is given smorgasbord magnitude weight because Harry and Rob are known to her, it is possible her relationship with both men provides a motive for misrepresenting the incident, rise doubts as to the reliability of her evidence.Anitas identification evidence is problematic as her eyesight is poor and she was not wearing her glasses on the evening when the incident took place raising serious concern around the reliability of her identification evidence. However, these concerns may be mitigated depending on how close she was to the incident, whether she knew Harry and Rob and if she was wearing refer lenses.Devs statement does not give rise to any signifi shagt concerns about reliability or credibility. However, it is unclear how Dev could positively identify both men and hi s statement may suggest the nightclub was crowded giving assent to Harrys assertion that Rob was accidently jostled.Considering the evidence collectively, the significant academic degree does not step forward to be met as it gives rise to reasonable doubt which lessens the prospect of conviction. Harrys is plausibly to be considered a reliable witness and his explanation of the incident is plausible. The witness statements are not sufficiently robust and while witnesses claim to have seen Harry push Rob they have not provide a clear link between Harry pushing Rob and Rob falling and injuring his hand. Furthermore, it is not clear from the evidence whether the incident and/or witnesses perceptions were change by their relationship to one another, lighting and/or the consumption of alcohol.The CPS can only move onto the domain Interest Stage of the FCT if the evidential Stage is satisfied. Despite the Evidential Stage not having been satisfied the Public Interest Stage will be applied and the grandeur of each factor contained within section 4.12 of the Code will be considered.ABH is a serious bend offence. From the evidence, it appears the assault was n all premeditated nor sustained. No appliance was used and there is no evidence to suggest the suspect intend to cause injury. Furthermore, Harry has no prior convictions and is of previous good book of facts therefore, further offending is unlikely. mend the offence is considered serious these factors mitigate his culpableness and weigh against prosecution.It does not appear that a position of trust or authority exists between Harry and Rob. Neither does it appear the attack was antiblack in nature. However, it is not clear whether Rob is vulnerable and/or a public servant and does not provide an insight into the impact the assault and/or injuries had on him. In terms of harm caused, the definition of harm is quite wide but in the context of the offence can include injuries which are not especially serious such as minor cuts and scratches. Therefore, Rob suffered injuries which are serious in the context of the offence. While the harm caused weighs in favour of prosecution it is difficult to consider whether this is admit under section s4.12(c) because the circumstance of Rob are unknown.Harry is a university student therefore, it is reasonable to conclude he is over the age of eighteen. His age is unlikely to be weighed against prosecution under section s4.12(d).In the absence seizure of a Community Impact Statement it is difficult to assess the deed on the community under s4.12(e). The assault was not violent or sustained and the suspect is unlikely to re-offend therefore the long-term instal can be assessed as minimal and prosecution may be perceived by the community as excessive. Conversely, a decision not to prosecute may undermine the confidence of the community and victim in the criminal justice system.The maximum fate for ABH is five years although in this case it is unlikely Harry will receive a prison sentence and a token(a) penalty is expected to be imposed. Furthermore, conviction may have serious implications for Harry depending on his area of study. Therefore, prosecution may be considered excessive under s4.12(f) given the cost of proceeding to court, the nominal penalty likely to be imposed, and the disproportionate long term effect on Harry.Had the case passed the Evidential Stage and proceeded to the Public Interest Stage more information should be sought on the circumstances of Rob and impact the offending had on the community. On the face of it however, prosecution does not appear to be in the publics best interest.Applying the Code to the facts of this case the Evidential Stage is not sufficiently satisfied and Harry should not be charged with ABH.In his articles Stop and Search and Police Legitimacy Part 1 and Stop and Search and Police Legitimacy Part 2 Neil Parpworth makes a compelling argument for the inclusion of elements o f the voluntary Best office of Stop and Search ( snog) intention into statute. Parpworth considers that while the BUSS intention promised great transparency, community involvement and improved bank check and expect outcomes, delivered by information led approaches and increased monitor lizarding, the report PEEL Police legitimacy 2015 create by Her Majestys Inspectorate of Constabulary (HMIC) reveals that forces around the country are failing to assent with the scheme. Parpworth reasons that membership of the voluntary scheme has not driven the desired change and the lack of compliance highlights the need for primary legislation.While intelligence led stem and search is an important law of nature tool, Parpworth argues that the PEEL report reveals a concerning lack of commitment from Chief Constables in terms of ensuring the BUSS scheme is implemented effectively and search powers used legitimately. Chief Constables play a pivotal role in terms of the internal scrutiny of discover and search yet their leadership in this area was found to be inconsistent. While rough forces had make efforts to ensure the scheme was communicated effectively and its importance recognised, others had made little attempt to communicate the scheme and promote its value. Parpworth asserts this hesitance to advocate and communicate the importance of the scheme ultimately devalues it, reducing its prospects of success. This he claims is demonstrated by the perception among officers that the stop and search function operates effectively without the need for additional canons and greater scrutiny.Under section 3 of the tone 1984 officers are required to embark each time they use their stop and search powers this record should include intellect for the stop and search and take the stand that those causal agent were reasonable. This provision, as Parpworth explains, is reinforced by the BUSS scheme which requires forces record outcomes and publish data about the conne ction between each search and outcome. Parpworth argues that while these provisions aim to establish how frequently reasonable grounds were proven to be accurate, PEEL highlights that reasonable suspicion is frequently heedless in many instances. He suggests this indicates the concept of reasonable suspicion is understand widely by police officers in practice and that there are marked differences in interpretation between forces. Moreover, Parpworth expresses concern over searches which were made on the basis that the police officer smelled cannabis. Parpworth suggests that while this is sufficient grounds to justify a search it is subjective and may provide a convenient way of meeting the statutory requirement for reasonable suspicion, peradventure lending itself to an abuse of the stop and search power. Parpworth also expresses concern that in cases where reasonable suspicion was found to be absent supervisors had endorsed the records of their subordinates. He suggests this ind icates either a lack of understanding at senior level as to what constitutes reasonable suspicion or a failure to exercise due(p) diligence. Despite the BUSS requirement that the link between stop and outcome be recorded Parpworth interprets the lack of reasonable suspicion as evidence police forces are not monitoring the use of their powers effectively.Equally, while the BUSS scheme aimed to improve the stop to arrest ratio, Parpworth explains that the rates remain comparatively low. Despite HMIC holding the view arrest rates are a misleading measure of success Parpworth explains HMIC do acknowledge the low stop to arrest ratio suggests the power is being used ineffectively.While Parpworth acknowledges that since the scheme has been in place the disproportionate impact on black, Asian and nonage ethnic (BAME) groups has decreased. He goes on to explain that the PEEL report suggests some forces continue to exercise their powers of stop and search on stereotypical assumptions inste ad than intelligence or reasonable suspicion. Parpworth explains that one of the principle reasons for the scheme is to embolden better relationships between the police and the racially diverse communities they serve. Nevertheless, some police forces could not explain the reason why particular BAME groups had been stopped more often than others condescension the provisions within the BUSS scheme. Parpworth argues that this disproportionality damages the relationship between the police and community and undermines the legitimacy of the police. Parpworth questions how, if forces are failing to monitor the impact of stop and search on BAME groups, police-community relations can improve.Parpworth concludes that despite all forces voluntarily signing up to the scheme when it was launched by the administration in 2014 only eleven forces were found to be fully tame when assessed in 2015. Furthermore, thirteen forces were found to be non-compliant with three or more of the five aspects of the scheme and were immediately suspended. Parpworth suggests the scheme has failed to achieve its intended pattern and that converting elements of the voluntary scheme into statute will compel forces to observe make out features of the scheme which should lead to better use of the stop and search power.The IRAC rule helped me structure my answer by providing me with a comprehensive analysis framework. I began by reviewing the facts so I could identify the issue e.g. whether the Evidential Stage had been met. Then I considered what legal rules applied to the issues I had identified e.g. PACE 1984 and the Code of Crown Prosecutors. Next I took the legal rules and applied them to the issues I had identified focusing on the facts relevant to the questions to reach the conclusion that the Evidential Stage had not been met.

Role of Institutional Investors in Corporate Governance

Role of Institutional Investors in Corporate organizationCHAPTER IIREVIEW OF LITERATURECorporate government paradigm is entrap on the argument of Berle and Means (1932) that separation of self- stamp down and pick up leads to the problems associated with bureau theory so that the managers of a comp any may non practice in the best interest of owners. Throughout the twentieth century, the pattern of self-will continued to change from declining individual self-will to increasing institutional self- take in. So, it is non surprising that institutional bulls eyeors be increasingly looking to a greater extent cargonfully at the bodied judicature of companies beca apply in force out(p) establishment goes hand in hand with increased transp bency and accountability. Many studies project been conducted to see the push of institutional take inings on corporeal politics. Some researchers contend that substantial holdings by institutional investors and corporal govern ance atomic number 18 signifi layabouttly correlative firearm some others argue the absence of such a kindred.Evidences argon as hale as indeterminate on whether institutional investors invest in good governed companies or their holdings make bump the governance practices. The role of institutional investors is visualized in two perspectives, the corporeal governance and the bulletproof exercise. The present chapter covers the a posteriori studies on the to a higher(prenominal)(prenominal)(prenominal) place writes as institutional holdings and unified governance, institutional holdings and stanch execution, in integrated governance and dissipated doing with special emphasis on the studies conducted in India on the supra aspects. The present submission seeks to evaluate the impact of institutional holdings over embodied governance and loaded functioning by constructing governance score and taking unhomogeneous measures for satisfying movement. Various studies give birth focused on divers(prenominal) aspects/ aims of self-control and their cause on securely process.As a result, various arguments deport been lay out forward both in support and against the archetype of the effects of monomania structure on the immobile motion. While just about researchers denied the direct correlation amongst monomania structure and firms economic performance eyepatch the others argued that in that location exists such a birth for certain. Amongst those who establish such reason, few provide license that there is a negative relationship, dapple others plead a confirming relationship between the two. Studies fool excessively been carried to determine a link between wide-ranging aspects of incorporate governance and firm performance evidence in this regard too appears sanely flux. There has been extensive literature to document a positive relationship between the two, al-Qaedad on identified individual aspects of corpora te governance and firm performance whereas others do non note any determinate evidence in this regard. Prepositions put forwarded by the researchers in this context ar being reviewed here as under in the perspectives identified above2.1 Institutional Holdings and Corporate GovernanceCoombes and Watson (2000)1 on the basis of a sight of to a greater extent than 200 institutional investors with enthronisations across the world showed that governance is a significant factor in their enthronement decision. Three-quarters of the investors say that get on practices argon at least as important as monetary performance. In fact, over 80% of the investors in the survey e landd that they would afford to a greater extent for the shargons of a well-governed firm than a abjectly governed firm with comparable monetary performance. The survey indicated that the premium these institutional investors would be willing to pay varied by country, with premiums being higher in Asia and Latin America (where financial reporting is little reliable) than in Europe or the U.S.Bradshaw, Bushee and Miller (2004)2 indicated that firms whose story methods conform to U.S. Generally Accepted Accounting Principles rush a greater level of investment by U.S. institutional investors. They engraft more(prenominal)over that increases in conformity with U.S. GAAP are positively associated with future increases in U.S. institutional investment, but that the reverse does not hold (i.e., increases in U.S. institutional ownership are not associated with later changes in write up methods). The authors attributed this relation to foot bias rather than better transparency (and corporate governance) however their results are likewise consistent with the latter interpretation. Chung, Firth, and Kim (2002)3 hypothesizingd that there will be little opportunistic remuneration centering in firms with much institutional investor ownership because the institutions will either put pressur e on the firms to adopt better chronicle policies or they will be able to unravel the earnings watchfulness rule so it will not benefit the managers. They demonstrate that when institutional investors own a voluminous percentage of a firms neat shares, there is little opportunistic earnings commission (i.e., less use of discretionary accruals).Hartzell and Starks (2003)4 provided empirical evidence suggesting institutional investors serve a observe role with regard to executive compensation contracts. First, they represent a positive association between institutional ownership concentration and the pay-for-performance sensitivity of a firms executive compensation. Second, they account a negative association between institutional ownership concentration and excess salary. One implication of these results, consistent with the divinatory literature regarding the role of the large postholder, is that institutions take on greater set when they bedevil large relational s takes in firms.Parrino, Sias and Starks (2003)5 indicated that those firms that fired their top executives had a significantly greater drop in institutional ownership in the year prior to the chief executive officer employee turnover than firms experiencing voluntary CEO turnover (even after controlling for differences in performance). These results support the guesswork that institutional marketing crooks decisions by the board of directors-increasing the likelihood a CEO is forced from office. This implies that boards guardianship about institutional profession and ownership activity in their firms. Further, the authors run aground that larger decreases in institutional ownership are associated with a higher probability of an outsider being appointed to succeed the CEO. This result suggests that directors are much than willing to break with the certain corporate management and add change.They as well noted that there are several dominance effects when institutions change shares. First, heavy institutional selling can put downward pressure on the impart price. Alternatively, institutional selling strength be interpreted as bad news, thus triggering sales by other investors and further depressing the line of products price. Finally, the composition of shareholder base might change, for example, from institutional investors with a long-term focus to investors with a more forgetful view. This last effect might be important to directors if the types of institutions holding the stock appropriate share apprise or the management of the beau monde.Cremers and Nair (2005)6 stated that the gunstockamental interaction between shareholder activism on behalf of institutional investors and the market for corporate control is important in explaining developments in affected equity returns and accounting measures of profitableness. Davis and Kim (2007)7 ready that plebeian currency with conflicts of interest (based on management of bonus asse ts) more often vote with management in general. On the other hand, mutual farm animals be take a shit more incentive and power to oppose management in firms in which they have a larger stake.McCahery, Sautner and Starks (2008)8 have relied on the survey data to investigate governance preference of 118 institutional investors in U.S. and Netherlands. The study fix that the bulk of institutions that responded to the survey take into account firm governance in portfolio weighting decisions and are willing to engage in activities that can improve the governance of their portfolio firms.Brickley, Lease and Smith (1988)9 found evidence supporting the hypothesis that firms with greater holdings by pressure-sensitive shareholders (banks and insurance companies) have more proxy votes cast in favor of managements recommendations. Moreover, firms with greater holdings by pressure-insensitive shareholders (pension ancestrys and mutual gillyflowers) have more proxy votes against managements recommendations. The authors diverseiated between the diverse types of institutional investors, noting the difference between pressure-sensitive and pressure-insensitive institutional shareholders and arguing that pressure-sensitive institutions are more likely to go along with management decisions. The rationale is that pressure-sensitive investors might have current or potential military control relations with the firm that they do not want to jeopardize.Maug (1998)10 noted that institutions use their ability to influence corporate decisions are partially a function of the size of it of their shareholdings. If institutional investor shareholdings are high, shares are less marketable and are thus held for longer periods. In this case, there is greater incentive to monitor a firms management. However, when institutional investors hold relatively few shares in a firm, they can easily knock off their investments if the firm performs disadvantageously, and therefore have less in centive to monitor firm performance.Almazan, Hartzell and Starks (2003)11 provided evidence both theoretical and empirical that the monitoring influence of institutional investors on executive compensation can depend on the current or prospective business relation between theinstitution and the corporation. They think that the monitoring influence of institutions is associated more with potentially vigorous institutions (investment companies and pension fund managers who would be less sensitive to pressure from corporate management repayable to lack of potential business relations) than with potentially hands-off institutions (banks and insurance companies who would be more pressure-sensitive).Marsh (1997)12 has argued that short-run performance measurement does work against the active monitoring by institutional investors. The performance of fund managers is evaluated over a shorter time period. Hence, they act under tremendous pressure to beat some business leader. So, when they find a case of bad governance, they find it economical to sell the stock rather than interfere in the functioning of the company and cause monitoring costs.Denis and Denis (1994)13 found no evidence to suggest that there is any relationship between institutional holdings and corporate governance. They stated that if companies that create shareholders riches are the ones with poor corporate governance practices, and then one unfeignedly cannot blame the institutional investors for having invested in such companies. For, after all, a fund manager will be evaluated on the basis of stock returns he creates for the unit holders and not on the basis of the corporate governance records of the company he invests the money in. If however, one finds that companies with poor corporate governance practices are the ones, which have consistently destroyed shareholders wealth, then the contention that the institutional investors bespeak not look at corporate governance records cannot be j ustified.David and Kochhar (1996)14, provided empirical evidence regarding impact of institutional investors on firm behaviour and performance is mixed and that no definiteconclusions can be drawn. They argued that various institutional obstacles, such as barriers stemming from business relationships, the regulatory environment and information affect limitations, might prevent institutional investors from potently exercising their corporate governance function. Agrawal and Knoeber (1996)15 found little evidence of an association between total institutional ownership and other possible control mechanisms (e.g., insider ownership, block holders, outside directors, CEO human capital, and leverage).Payne, Millar, and Glezen (1996)16 focussed on banks as one type of institutional investor that would be expected to have business relations with the firms in which they invest. They examined interlocking directorships and income-related relationships, and noticed that when such relations exist banks tend to vote in favor of management anti-takeover amendment proposals. When such relations dont exist, banks tend to vote against the management proposals.Leech (2002)17 is of the view that many institutional shareholders do not seek control of a company for a variety of reasons, which include the maintenance of obtaining price sensitive information, and that it is more likely that institutional investors seek lonesome(prenominal) influence rather than complete control. Moreover, it has excessively been argued, in line with the passive monitoring view, that institutional investors may not be keen to cash in ones chips on their investments i.e. sell their equity stakes when the firm is not perform optimally, mainly because they hold large investments and thus selling may pass up the price and further increase any potential loss. Woidtke (2002)18 concluded by comparing the relative value of firms held for public versus hush-hush pension fund that relative firm value ispositively related to private pension fund ownership and negatively related to (activist) public pension fund ownership. These results supported the view that the actions of public pension fund managers might be motivated more by political or social influences than by firm performance.Ashraf and Jayaman (2007)19 examined mutual funds trading behavior after the let out of voting records. The study found that funds that support shareholder proposals cut down holdings after the release of voting records. Since the time of releasing voting records could be real far from the shareholder merging date, mutual funds trading behavior after the release of voting records may be uncorrelated to the votes cast in the meeting.Dahlquist et al. (2003)20 analyzed irrelevant ownership and firm characteristics for the Swedish market. The study found that foreigners have greater presence in large firms, firms paying low dividends and in firms with large cash holdings and explained that firm si ze is driven by liquidity. It reiterated that foreigners tend to underweight the firms with a dominant owner. Leuz, Nanda and Wysocki (2003)21 take a firm stand that the information problems cause foreigners to hold fewer assets in firms. Firm level characteristics can be expected to contribute to the information asymmetry problems. voiceless family control makes it more likely that information is communicated via private channels. Informative insiders have incentives to hide the benefits from outside investors by providing opaque financial statements and managing earnings.Haw, Hu, Hwang and Wu (2004)22 found that firm level factors cause information asymmetry problems to FII. It found evidence that US investment is lower in firms where managers do not have in effect(p) control. Foreign investment in firms that appear to engagein more earnings management is lower in countries with poor information framework. Choe, Kho, Stulz (2005)23 found that US investors do indeed hold fewer s hares in firms with ownership structures that are more conducive to expropriation by controlling insiders. In companies where insiders are dominating information access and availability to the shareholders will be limited. With less information, foreign investors face an adverse selection problem. So they under invest in such stocks.Covirg et al. (2008)24 concluded that foreign fund managers have less information about the domestic stocks than the domestic fund managers. They found that ownership by foreign funds is related to size of foreign sales, index memberships and stocks with foreign listing. Leuz, Lins, and Warnock (2009)25 found that foreign institutional investors prefer to invest in firms with better governance practices. This literature assumes that firm level corporate governance mechanisms substitute for weak country level legal protections of minority shareholders. Aggarwal, Klapper and Wysocki (2005)26 found that U.S. mutual funds tend to invest greater amounts in co untries with stronger shareholder rights and legal frameworks (controlling for the countrys economic development). In addition, within the countries, the mutual funds in like manner discriminate on the basis of governance in that they allocate more of their assets to firms with better corporate governance structures.ResumeAfter reviewing the literature on the above sub-section, it is concluded that the results are inconclusive regarding the association between institutional holdings and corporate governance as some studies invariably support the hypothesis that institutional holdings and corporate governance are significantly related while the others reject it. But the results are uniform on one issue that there is positive relation between the foreigninstitutional holdings and corporate governance as foreign institutional investors are relatively more concerned about the governance practices of companies and countries as well. They prefer to invest more in the countries with stron ger shareholder rights and legal frameworks. Similarly, they do invest in the companies with good disclosure and transparency measures.A grouping of studies contend that institutional investors exact governance practices of companies as an important consideration for investment decision. They not only(prenominal) care for financial performance of target companies, but also put great emphasis on the board practices. They are ready to pay premium for good governance. Institutional investors can put pressure on firms improve their governance practices if they have substantial stake in the target companies and do not have business relations with them. Moreover, if they dont involve themselves actively in governance but only vote with their feet it serves as a deterrent for the management in practicing bad governance. As it will get by bad signal to the stock market leading to further decline in the stock prices and may be changing the shareholder base from dynamic institutional inv estors with long-term focus to myopic investors.Whereas in other studies, it has been observed that institutional investors prefer to remain passive and concentrate on their own business objectives, rather than look into the governance practices of companies. They do not involve themselves actively in the governance of firms for variety of reasons as short-term performance measurement, business relationships, regulatory environment, information processing limitations, free-rider problem and so forth Moreover, they may not be interested in selling the shares of poor firms as they have large holdings and selling may aggravate their potential loss.2.2 Institutional Holdings and Firm PerformancePound (1988)27 explored the influence of institutional ownerships on firm performance and proposed three hypotheses on the relation between institutional shareholders and firm performance efficient-monitoring hypothesis, conflict-of-interest hypothesis, and strategic-alignment hypothesis. The eff icient-monitoring hypothesis says that institutional investors have greater expertness and can monitor management at lower cost than the petty atomistic shareholders. Consequently, this argument predicts a positive relationship between institutional shareholding and firm performance. The conflict-of-interest proposition suggests that in view of other profitable business relationships with the firm, institutional investors are coerced into voting their shares with management. The strategic-alignment hypothesis states that institutional owners and managers find it reciprocally advantageous to cooperate.Holderness and Sheehan (1988)28 found that for a sample of 114 US firms controlled by a majority shareholder with more than 50% of shares, both Tobins Q and accounting gain are significantly lower for firms with individual majority owners than for firms with corporate majority owners. Hermalin and Weisbach (1988)29 further stated that the managerial ownership is positively related to performance between 0-1% of managerial ownership, negatively related thereafter up to 5%, and again positively related from 5-20% and negatively related thereafter. jump onman and Vining (1989)30 compared the performance of state owned enterprises, joint enterprises, and private corporations among the 500 largest non-US industrial firms, and found that mixed enterprises and state owned enterprises perform substantially worse than similar private enterprises. McConnell and Servaes (1990)31found a strong positive relationship between the value of the firm and the fraction of shares held by institutional investors. They found that performance increases significantly with institutional ownership.Han and Suk (1998)32 found (for a sample of US firms) that stock returns are positively related to ownership by institutional investors, thus implying that these corporate owners are actively involved in the monitoring of incumbent management. They also found that alignment effect dominates if t he managers own up to 41.8% of the share capital. They further evidenced that beyond the limit of 41.8%, the mangers are able to control the Board of directors and so the entrenchment effect dominates the alignment effect.Majumdar and Nagarajan (1994)33 found that levels of institutional investment are positively related to the current performance levels of firms. However, a less-stronger, though positive, effect is established between changes in performance levels and changes in institutional ownership. The results are based on a study investigating U.S. institutional investors investment strategy. Bethel et al. (1998)34 consistent with the view that market for partial corporate control identifies and rectifies problems of poor corporate performance, found that activist investors typically target poorly performing and diversified firms for block share purchases, and thereby assert disciplinary effect on target companies proposals in mergers and acquisitions.Douma, Rejie and Kabi r (2006)35 investigated the impact of foreign institutional investment on the performance of emerging market firms and found that there is positive effect of foreign ownership on firm performance. They also found impact of foreigninvestment on the business group affiliation of firms. Investor protection is poor in case of firms with controlling shareholders who have ability to expropriate assets. The block shareholders affect the value of the firm and influence the private benefits they receive from the firm. Companies with such shareholders find it expensive to raise external funds.Bhattacharya and Graham (2007)36 investigated the relationship between different classes of institutional investors (pressure-sensitive and pressure-resistant) and firm performance in Finland. It documented evidence that these institutional owners own stakes in multiple firms across industries, leading to a possible two-way causality or endogenous problem between firm performance and ownership structure . It was also evidenced that institutional investors with likely investment and business ties with firms have negative effect on firm performance and the impact is very significant in comparison to the negative effect of firm performance on institutional ownership.Wiwattanakantang (2001)37 investigated the effects of controlling shareholders on corporate performance and found that presence of controlling shareholders is associated with higher performance, when measured by accounting measures such as return on assets and the sales-asset ratio. However, the controlling shareholders involvement in management has a negative effect on the performance and it is more pronounced when the controlling shareholder and managers ownership is at the 25-50 percent. The evidence also revealed that family controlled firms display significantly higher performance. Foreign controlled firms as well as firms with more than one controlling shareholder also have higher return on assets, relative to firms with no controlling shareholder.Abdul Wahab et al. (2007)38 examined the relationship between corporate governance structures, institutional ownership and firm performance for 440 Bursa Malaysia listed firms from 1999 to 2002 and found that institutional investors have a positive impact on firms corporate governance practices.Qiet et al. (2000)39 found that firm performance is positively related to the proportion of shares owned by the state. In addition, they found little evidence in support of a positive correlation between corporate performance and the proportion of tradable shares owned by either domestic or foreign investors. Wahal (1996)40 observed that although institutional investors, particularly, activist institutions, have been successful in their efforts to affect the governance of targeted firms, these same firms have not demonstrated performance improvements.Studies examining the relationship between institutional holdings and firm performance in different countries (m ainly OECD countries) have produced mixed results. Chaganti and Damanpour (1991)41 and Lowenstein (1991)42, for instance, find little evidence that institutional ownership is correlated with firm performance. Seifert, Gonenc and Wright (2005)43 study does not find a consistent relationship across countries. They conclude that their inconsistent results may reflect the fact that the influence of institutional investors on firm performance is location specific. The above studies mostly consider institutional investors as a monolithic group. However, Shleifer and Vishnys (1997)44 as well as Pounds (1988)45 theorizations and later empirical examinations by McConnell and Servaes (1990)46 suggest that shareholders are differentiable and pursue different agendas. Jensen and Merkling (1976)47 also show that equity ownerships by different groups have different effects on the firm performance. Agrawal and Knoeber (1996)48, Duggal and Miller (1999)49 find no such significant relation between institutional holdings and firm performance.ResumeVarious studies on relationship between institutional holdings and firm performance have been reviewed in the above sub-section and the results are mixed. Different researchers have taken different performance measures as some of them have considered accounting measures but others have taken stock market indicators.Some of the observations contend that institutional investors are more expert in monitoring the affairs of companies as compared to individual investors their holdings improve the financial performance of target companies. The results are more significant, where managers also have some ownership stake so as to have alignment effect. Moreover, if their stake is substantial, they can also assert disciplinary action against the poorly performing firms. Similarly, foreign institutional investors have also positive impact on the firm performance.But the results of other observations state otherwise. They state that if instituti onal investors have business ties with the firms, they would go along with the management and it may have negative impact on the firm performance. The studies have revealed out an interesting observation that Institutional holdings have positive effect on firm performance but their active involvement in management has negative effect. Some of the observations state that institutional investors may have significant impact on the governance practices of companies but do not improve financial performance.2.3 Corporate Governance and Firm PerformanceLipton and Lorsch (1992)50 found that limiting board size improves firm performance because the benefits by larger boards of increased monitoring are outweighed by the poorer communication and decision-making of larger groups. Millstein and MacAvoy (1998)51 canvas 154 large publicly traded US corporations over a five-year period and found that corporations with active and independent boards appear to have performed much better in the 1990s than those with passive, non-independent boards.Eisenberg et al. (1998)52 found negative correlation between board size and profitability when using sample of small and midsize Finnish firms, which suggests that board-size effects can exist even when there is less separation of ownership and control in these smaller firms. Vafeas (1999)53 found that the annual number of board meeting increases following share price declines and operating performance of firms improves following geezerhood of increased board meetings. This suggests meeting frequency is an important dimension of an effective board.Core, Holthausen and Larcker (1999)54 observed that CEO compensation is lower when the CEO and board head positions are separate. It is further shown that firms are more valuable when the CEO and board chair positions are separate. Botosan and Plumlee (2001)55 found a material effect of expensing stock options on return on assets. They used Fortunes list of the 100 immediate growing compan ies and obtained the effect of expensing stock options on firms operating performance. Morgan and Poulsen (2001)56 found that pay-for-performance purpose generally helps to reduce agency problems in the firm as the votes sanction the plan are positively related to firms that have high investment or high growth opportunities. On the other hand, votes approving the plan are inversely related to negative features in some of the plans such as dilution of shareholder stakes.Mitton (2002)57 examined the stock performance of a sample of listed companies from Indonesia, Korea, Malaysia, the Philippines and Thailand. It reported that performance is better in firms with higher accounting disclosure look (proxied by the use of Big Six auditors) and higher outside ownership concentration. This provides firm-level evidence consistent with the view that corporate governance helps explain firm performance during a financial crisis.Claessens et al. (2002b)58 observed that firm value increases wi th the cash-flow ownership (right to receive dividends) of the largest and controlling shareholder, consistent with incentive effects. But when the control rights (arising from gain structure, cross-holding and dual-class shares) of the controlling shareholder exceed its cash-flow rights, firm value falls, which is consistent with entrenchment effects. Deutsche Bank AG (2004a and 2004b)59 explored the implications of corporate governance for portfolio management and concluded that corporate governance standards are an important component of equity risk. Their analysis also showed that for South Africa, Eastern Europe, and the Middle East, the performance differential favored those companies with stronger corporate governance. Fich and Shivdasani (2004)60 based on Fortune 1000 firms, asserted that firms with director stock option plans have higher market to book ratios, higher profitability (as proxied by operating return on assets, return on sales and asset turnover), and they docu ment a positive stock market reply when firms announce stock option plans for their directors.Gompers et al. (2003)61 examined the ways in which shareholder rights transmute across firms. They constructed a Governance Index to proxy for the level of shareholder rights in approximately 1500 large firms during the 1990s. An investment strategy that bought firms in the utmost decile of the index (strongest rights) and sold firms in the highest decile of the index (weakest rights) would have earned abnormal returns of 8.5% per year during the sample period. They found that firms with stronger shareholder rights had higher firm value, higher profits, higher sales growth, lower capital expenditures, and made fewer corporate acquisitions.Brown, Robinson and Caylor (2004)62 created a broad measure of corporate governance, Gov-Score, based on a new dataset provided by Institutional Shareholder Services. Gov-Score is a composite meas

Saturday, March 30, 2019

Interventions to Reduce Risk of Criminal Behaviour

Interventions to Reduce Risk of Criminal demeanourEvaluate the deduction base for and against betimes interpellation in the lives of fryren and families to keep the development of Criminal demeanour.Methods of early InterventionAfter decades of rigorous examine in the United States and across the Western world, a great do is kn take in ab show up the early jeopardize comp anents for off residue. High impulsiveness, base attainment, nefarious p bents, pargonntal conflict, and growing up in a deprived, luxuriously- evil neighbourhood ar among the to the highest degree strategic factors. It is the accumulation of assay factors that characterises this much smaller groups grim extreme violence.1 at that place is alike a growing body of high quality scientific conclusion on the soundness of early stripe programs designed to preserve chelaren from embarking on a life of shame. Pre check intellectual enrichment, child skills training, p atomic number 18nt man agemen t training, and residence visiting programs are among the close to effective early hamperion programs. 2 Friedrich Losel, director of the Institute of Criminology at the University of Cambridge has researched that Conduct problems ofttimes start by the age of five and about 40 per penny go on to do more(prenominal) serious and persis ten dollar billt as the child gets older. This is why its essential to develop and implement measures to stop it relatively early.3Therefore, assessing the danger factor demeanour before pique occurs or become persistent is imperative. The younkerfulness Survey suggests that the about common age for front time offending is between the age of 11-12 for mainstream pupils and 10-11 for those that countenance been excluded. If someone has non committed an offence by the age of 14 they will generally not do so. An early on tack together of delinquency prior to age 13 years increases the risk of later serious, violent, and chronic offending b y a factor of 23. Also child deserteds, compared to teens who start offending at a later age, tend to curb longer delinquent careers.4 Rolf Loeber and David P Farrington advance that the protective factors in the individual, family, catch group, school, and neighbourhood pertain the development of delinquency.5The risk factors that occupy been well researched are varied. There is no easy link of ca employ and effect between the factors associated with juvenility horror and actual offending.6 The risk factors may be counteracted by positive influences such(prenominal)(prenominal) as good parenting.Notable risk factors include, cosmos male being brought up by a vicious parent or parents life-time in a family with multiple problems experiencing silly parenting and lack of care poor discipline in the family and at school playing truant or being excluded from school associating with delinquent friends and having siblings who offend. Research has illustrated that two important influences are persistent school truancy and associating with offenders, unless the single most(prenominal) important factor in explaining outlawity is the quality of a one-year-old mortals home life, including parental supervision. 7The National Public Health Service for Wales issued an en evidence briefing so as to discuss interventions surrounding offensive activity and the consternation of crime in June 2005. The paper is as a result of studies relating to freehanded and insubstantial offenders. As well as protecting against future criminal practise early intervention arguably promotes wellness. Building wellnessy earthly c erstwhilern constitution, creating supportive environments, strengthening residential area action, developing personal skills and re structuring health function are thought to help prevent against crime similarly.8The family factor of risk concerns ideals such as poor parenting, family history of offending and family conflict. For families, wayal Parent Training for anti well-disposed child behavior acts as an effective strategy to modify child anti affable deportment and improve parental skills. Parenting programmes picture parents with an opportunity to improve their skills in dealing with the behaviour that puts their child at risk of offending. They provide parents/carers with one-to-one advice as well as practical support in handling the behaviour of their child, setting appropriate boundaries and improving communication. Pre school children who fall indoors one or more of the risk categories should as well as be placed into sidereal day care, establishing a supportive environment for both the child and the parent. The outcome of this mode of intervention appears to be increased employment, lower teenage pregnancy rates, high loving class status and lessend criminal behaviour in intervention creation. Trials have established some weaknesses, but the potential population effective impact is very fr ee. To prevent youth violence specifically, it has been researched that interventions apply between the prenatal finis and the age of six appear to be most effective. Community based programmes that target high risk behaviour is seen as beneficial. Family and parenting intervention for conduct dis purchase clubhouses and delinquency for those aged between 10 and 17 years also have beneficial effects in decreasing criminal activity. High quality pre school supervision has been seen to decrease arrests and arrests specifically for drug dealing. Time spent on probation is also rock-bottom in this way. It is a cost effective method of intervention ad basis be implemented within pre school education and programmes within day care and nursery.9The School factor of risk flags up cases of low achievement, lack of attendance, lack of commitment, aggressive behaviour and bullying. Safer schools partnerships provide a much counsellinged approach to address the high train of crime and unsociable behaviour committed in and around schools in some areas crime committed by and against children and modern people. There are now 370 police officers based in selected schools in areas with high levels of highroad crime. This is a joint porta between the Department for Education and Skills the offspring Justice instrument panel and the Association of Chief jurisprudence Officers which ends to curb criminality, anti neighborly behaviour and criminality.10 Academic and vocational interventions in order to educate those with a lesser capability than others are seen to be effective in cut recidivism. behavioral and skill orientated classes for those showing risk are among the most victorful interventions to reduce crime and recidivism. To prevent offending, the early days Justice Board set up strategys such as the jejuneness Inclusion programme. beneath this programme young people who are sop upd in crime or at risk of offending are identified by youth offend ing teams and the programme gives young people somewhere unhazardous to go where they arsehole learn new skills, take part in activities with others and get help with their education and careers guidance. Youth Inclusion and Support Panels aim to prevent antisocial behaviour and offending by 8 to 13-year-olds who are considered to be at high risk of offending. Panels are made up of a number of representatives of different agencies such as social services and health. The main emphasis of a panels work is to ensure that children and their families, at the earlier possible opportunity, tin access mainstream public services. 11The biotic community factor of risk revolves around community disorganisation, neglect and community tolerance of crime and drugs. The individual, temper factor of risk includes early problematic behaviours surrounding drugs and alcohol and the touch of criminally active friends. 12 constructive Activities for Young People provides a broad range of construc tive activities for 8 to 19-year-olds at risk of social exclusion. It builds on the success of previous school holiday programmes such as the Youth Justice Boards Splash and Connexions Summer Plus. The programme aims to reduce crime and to ensure that young people return to education, have opportunities to engage in new and constructive activities, and can mix with others from different backgrounds. This cross-government initiative aims to develop young peoples interests, talents and education, and engage them in community activities so they are less likely to commit crime. Activities based on arts, sport and culture take place both during the school holidays and out of school hours throughout the year. Positive Futures is a national sports-based social inclusion body programme aimed at marginalised 10 to 19-year-olds in the most deprived areas. By engaging these young people in sport and other activities, Positive Futures aims to build relationships between trustworthy adults and young people based on mutual trust and respect, in order to create new opportunities for ersatz lifestyles.13One method which many may overlook is the punishment of offenders once they have offended at whatever age. If a young person is convicted of an offence, in that respect are a number of community and custodial sentences. The community sentences currently available include, Community Rehabilitation and Punishment Order, Supervision Order, act Plan Order Attendance Sentence Order, Referral Order, Reparation Order, Fine, Conditional fill out and Absolute Discharge. Young people can also be abandoned an Intensive Supervision and Surveillance Programme as part of an order. ISSP is the most rigorous non-custodial intervention available for young offenders. It combines high levels of community-based surveillance with a comprehensive and sustained way on tackling the factors that contribute to the young persons offending behaviour. The programme targets the most active repeat y oung offenders, and those who commit the most serious crimes.14Punishment does afford deterrent effects but it is no exposed how much in cases of increased severity. As this is not always cost effective, this is one reason why possible alternatives should be consideredAlthough some of the methods I have just discussed are effective, the effects may be limited. For example, Behavioural Parent Training for anti social behaviour in children is a scam term procedure and for long term susta inability it will carry other methods to supplement the training. Changes within the environment and the community are also seen as a potential short term effect because it is proven that changes do reduce criminal activity and fear of crime but in that location is little information on whether this has been a long term deterrent. Cognitive behavioural multidimensional programmes to prevent youth violence can be effective but the main area of weakness within youth crime streak is that the approa ches for youth crime have not been well evaluated. Controlled studies are needed regarding diversion programmes, counselling and therapy in order to see their preventative quality. Family and group treatment has also worked in the short term but seems to decrease dramatically as time passes. If communities can build home visiting programmes to prevent crime, that are comprehensive, continuous and family focussed these are most likely to succeed long term. This is dependant on other services on offer in the community and the celestial orbit of the programmes facilitated. Physiological and social skill training of children is seen to prevent adolescent enmity but not for the duration. All those involved with a childs upbringing are required to show them what is right and what is wrong and the consequences of their behaviour. This is seen as effective so as not to cause inadvertent damage. The social skill training for children has prevented criminal behaviour and aggression but the success of the effectiveness is different in different settings and for different personalities.There are a variety of ineffective methods of intervention. Namely, community crime prevention programmes have insufficient evidence to state that such interventions can alter the behaviour of individuals who do not see crime as wrong. Even juvenile offender programmes have come under scrutiny due to the forsaking of recreational programmes, guided intervention, social case work and detached worked programmes as they are seen as ineffective. There is a wide variability in the reported effects and so even if more behavioural and trained orientated programmes were introduced it would need to be done area by area. Mentoring pairs a volunteer adult with a young person at risk of offending. The adults role is to motivate and support the young person on the scheme through a sustained relationship over an extended period of time. Youth Offending Teams have been set up to work with young offend ers and young people at risk of offending. These are multi-agency teams made up of representatives from social services, police, health, housing, police, probation, education and dug and alcohol workers and this will be set up in all topical anaesthetic spot areaHowever, Mentoring and peer counselling are see to be less effective in order to prevent youth violence from an early age. Intensive casework to prevent youth crime has evidence that argues against this approach as more a good deal than not it has had negative effects.The review conducted by the Wider Determinants Inequalities (2005) Interventions law-breaking and business of evil, put in that there was little evidence of effectiveness for any intervention and the evidence that does exist is described as slight, inconsistent and of questionable reliability.15A abridgment and critical commentary on history of early intervention attempts in the UK and its continual development.In the 1990s there was a wide increase in the number of children engaging in criminal activity and caught up in the youth justice system. The labour party cute to clear the youth justice system in 1997 to stop the increase. The focus was on parental responsibility and new parental responsibility orders in order to force parents face up to their responsibility for their childrens misbehaviour.16 Labour introduced the annoyance and Disorder Act 1998 and the Youth Justice Board was set up to drive the reforms forwards. The aim of the YJB is to prevent offending among under-18s and it delivers this by setting standards and monitor performance, promoting good practice and deviateing young people international from crime through early identification and prevention programmes.17The act implemented proposals such as the boor safety order, designed to protect children under ten who are at risk of becoming involved in crime or who have already started to behave in an anti-social or criminal manner. The local authority can re quire a child to be at home for a number of evenings a week, stay away from certain people and prohibit conduct such as truancy.18 Also, the local child curfew for those under ten, is proposed to protect children, to prevent neighborhood and to promote supervision of young children, unsupervised late at night. 19 Schemes such as those outlined above have provided an effective immediate method of intervention. The Children Act 2004 also placed much emphasis on joined-up working and early intervention. It aimed to divert young people away from crime and ensure parents are responsible for their childs behaviour.The Government then planned a picture Bill, expression on the responses to the September 2003 consultation Youth Justice The adjacent Steps.20It introduced better sentencing of juveniles with a sharper focus on preventing offending and step-down of sentences. Rolf Loeber and David P Farrington were in agreement with the preventive and remedial interventions in the juvenile justice system, families, peer groups, schools, and neighbourhoods, and makes a case for improvement in the consolidation of services for child delinquents. 21The premise of action by those working within juvenile justice, mental health and child welfare has been supported alongside policy recommendations. The youth crime strategy looked at targeting risk factors and those most at risk.The Every Child Matters and Childrens Bill afforded structural reform to childrens activities within the early years.22 The joint interior(a) Office and youth justice board issued guidance alongside this with the supporting aim to prevent children and young people being involved in criminality in the first place.23 Through identifying early those most at risk and commencing intensifier target programmes they hoped to decrease the number of children that turned to criminal activity. Research by the Home Office has shown that those most at risk of offending have not entered into criminality where th e have participated in preventative programmes. The lack of self-made implementation of these programmes has meant that prevention of very young children growing up and move to crime is inadequate. The early years influence children greatly and the age at which children begin to offend the more likely they are to continue offending.24Presently, measures tackling prevention of children becoming involved in criminal and anti social behavior are insufficient. The Government should not and will not dictate how children should be raised or the running of a family home, but parents hold the indigenous responsibility for giving children the love and care they need, ensuring their welfare and security and belief them right from wrong. Intervention methods, still fail to adequately address the parent, child and criminal activity connection.When discussing the potential of continual development regarding early intervention, the dissertation of Friedrich Losel, considers it necessary to lo ok at three categories of programme to act as a means of early intervention. Firstly, there is Universal Prevention which requires social services to be in contact with all families in the UK. This would also act as a technique for access where the family requires a more intensive and interactive service. The obvious problems with this theory are that although thorough and super stringent, social service may not have the resources patronage or manpower to carry out this proposal as well as it should be. Secondly, there could be optive Prevention where social services focus on families at risk, such as young, single mothers and those who already have crime within their families. This is close to the system that the government, police and local regimen agree with but it is also close to the system that we have at the moment which is insufficient. The problem is whether the option typecasts people overly much and does not look at the bigger picture or new risks surfacing. thirdly is the theory of Indicated Prevention, where social services make a clear assessment of the childs development when they have already shown some aggressive behaviour, such as fighting, disobeying parents, or fire setting. If the child shows these behaviours in more than one social context, such as at school and at home, then this is an early indicator, says Losel. The problem is that these families often think this is normal which is why professionals have an important warning function because they are more neutral in recognising the problem.25 over again this is also close to the current system, and although more resource friendly, it still waits until there has been an affirmative action before any form of intervention occurs. This is the want with the system at present. From these three ideals, we are no closer to providing a uniformed means of intervention unless all three are utilize and applied on a case by case basis.There is consensus with Losel in that research has pro vided a relatively sound knowledge of risk factors but there are a number of programmes requiring better rating about which ones are successful in the long-term. There are solitary(prenominal) a few specialiser services available and because of the scarce specialist provision at an early age, such as residential school placements, treasure care, family placements, therapeutic input, assessments or forensic advice, professionals have been unable to resolve to the behaviour of the children before it gets so serious in adolescence. It is then for the already overworked, under funded and under staffed Social Services who end up nerve-wracking to sort the problem. The risk factors are known but it can be difficult to distinguish which child will go on to be extremely dangerous. So it can be difficult to get funding for specialist resources on the basis that you are predicting something that hasnt happened yet.26 It is argued that early intervention is the pigment rather than the pr esent strategy where it is only when a child does something as extraordinary or dangerous as this that they get a response. Further, the inability to respond and prioritise some cases over others, early on, means we end up with these extreme behaviours. 27Diversities, contradictions and debates in public discourses of early childhood bewilder only a fraction of the challenge, when set in context of (generally unarticulated) diversities in beliefs, ideas and experiences that shape individual childrens lives. Any close study of young children reveals the complexity of the worlds they inhabit, the very different pressures on parents, caregivers and others on whom their wellbeing depends. outset points for policy development are very different where early childhood is dominated by extreme poverty, inequality or discrimination, or by ethnic struggle, civil or cross-national conflict, or by malnutrition, preventable diseases or HIV/Aids, by family or community breakdown and forced migra tion, or by weak or corrupt infrastructures of care and education, health and social support. Asking about young childrens perspective on their own unique early childhood is arguably the most crucial start point for policy and practice. It is argued that none of the strategies implemented or proposed will as if by magic work unless the general problems are made right first and every child needs consistency of care and education before you can give them anything more specialist.28Upon this, programmes should be structured well and detail casework for separately individual case. Staff should be trained, supervised and be representative of the work load in order to match demand. The remedy requires adequate endurance and military posture this is not quick fix.29The longer it takes to intervene, the more intensive the problems become and the more it costs to deal with. Estimated costs include special pre-school, school, intensive foster care, residential care, psychiatry, social services, health services, involvement with criminal justice and indemnity to others. In conclusion, within the climate of today, everyone appears in agreement that although it is never too late to turn a childs life around, As they reach adolescence the probability of changing the course of their life gets less and less.30Although I am in agreement with early intervention, in order to throw out development successfully, an integrated policy is required so that a rivulet and error strategy can be avoided. There seems to be no shame in admitting that we need some indicators to show what kind of programme is needed for what kind of family at what time.31BibliographyArticles entry from the Association of Chief Police Officers (ACPO) (2005) Every Child Matters- Education and Skills Select Committee.Wider Determinants Inequalities (2005) Interventions Crime and Fear of Crime. pathway B, (2005) Youth Crime Prevention- An Overview. Home Office Publications.Cambridge University coerce , (2000) Young children who commit Crime, Cambridge University oppose Online.Boyd, J (2007) Children and crime early intervention is the key.Government Publication (1997) No More Excuses A new approach to tackling youth crime in England and Wales.Jerrom, C (2007) Youth Justice The bigger Picture on the youth justice system.Jenny Boyd, Renuka Jeyarajah-Dent and Vivian Hill tattle to Natalie Valios (2007) Children and crime early intervention is the key. P.1Text BooksFeldman, M.A (2003) Early Intervention- The essential readings. Blackwell Publishing.Farrington, D.P rip off, B.C (2006) deliver Children from a life of Crime Early risk factors and effective interventions. Oxford University Press.Burke, R.H (2003) An introduction to Criminological Theory. Willan Publishing.Galvin, K.M Byland, C.L Brummel, B.J (2003) Family Communication (6th Ed). psyche Publishing.Lemert, C (2002) Introduction to Sociological life (2nd Ed). Rowman Littlefield Publishing.Maguire, M Morgan,R Re iner, R (2002) enchiridion of Criminology (3rd Ed). Oxford Publishing.StatutesCrime and Disorder Act 1998Children Act 2004Draft Bill building on responses to the September 2003 consultation Youth Justice.Websiteswww.communitycare.co.ukwww.publications.parliament.ukwww.Homeoffice.co.ukTop of Form1Footnotes1 Jenny Boyd, Renuka Jeyarajah-Dent and Vivian Hill talk to Natalie Valios (2007) Children and crime early intervention is the key. P.12 Saving Children from a Life of Crime Early Risk Factors and Effective Interventions David P. Farrington and Brandon C. Welsh October 20073 ibid., P.24 Young children who commit crime Epidemiology, developmental origins, risk factors, early interventions, and policy implications Development and Psychopathology (2000), 12 737-762 Cambridge University Press doi10.1017/S0954579400004107Published online by Cambridge University Press 16Jan20015 Rolf Loeber David P. Farrington (2000) Child Delinquents Development, Intervention, and Service Needs.6 Governm ent Publication (1997) No More Excuses A new approach to tackling youth crime in England and Wales7 Ibid.,8 Wider Determinants Inequalities (2005) Interventions Crime and Fear of Crime. See Ottawa charter, Canada (1986), In relation to the relationship between health and early intervention.9 For a more informed discussion see Wider Determinants Inequalities (2005) Interventions Crime and Fear of Crime.10 Submission from the Association of Chief Police Officers (ACPO) (2005) Every Child Matters- Education and Skills Select Committee. Ch.211 Ch.4.Ibid.12 Boyd, J (2007) Children and crime early intervention is the key.13 Submission from the Association of Chief Police Officers (ACPO) (2005) Every Child Matters- Education and Skills Select Committee. Ch.5.14 Ch.5 Ibid15 Wider Determinants Inequalities (2005) Interventions Crime and Fear of Crime.16 Government Publication (1997) No More Excuses A new approach to tackling youth crime in England and Wales17 Jerrom, C (2007) Youth Justic e The Bigger Picture on the youth justice system.P.218 If the requirements of an order are not complied with, it will be open to the local authority to commence care proceedings under Section 31(1) (a) of the Children Act 1989.19 Where there is non compliance and no responsible adult present, the police might use powers already available to them under section 46 of the Children Act 1989 to absent the child to other suitable accommodation.20 Lane B, (2005) Youth Crime Prevention- An Overview. Home Office Publications.21 Rolf Loeber David P. Farrington (2000) Child Delinquents Development, Intervention, and Service Needs.22 Both published 2003.23 Lane B, (2005) Youth Crime Prevention- An Overview. Home Office Publications.24 Jerrom, C (2007) Youth Justice The Bigger Picture on the youth justice system.25 Jenny Boyd, Renuka Jeyarajah-Dent and Vivian Hill talk to Natalie Valios (2007) Children and crime early intervention is the key. P.326 Ibid. Vivian Hill discusses the problems she f aces as a consultant educational psychologist at the institute of education, university of London.P.427 Ibid.28 Ibid. Jeyarajah-Dent discusses. P529 Ibid.30Friedrich Losel Ibid.31Friedrich Losel Ibid.

Friday, March 29, 2019

Project Team Roles And Responsibilities Information Technology Essay

adjudge Team Roles And Responsibilities culture Technology EssayThe suffer focusing committee implicates heed and other executive level s thinkholders that give be directly rivaled by the success or effect of the CRM confuse. During the instruction execution, the direction Committee depart reach consensus or influence the most(prenominal) strategic objectives for CRM adoption as well as approve the passation scope, approach, prison term frame and budget. Due to the relatively short duration of the true(a) packet package CRM murder, the Steering Committee give incur more time and emphasis on CRM adoption, utilization, measurement and refinement. Post parcel implementation activities volition include operateing the substance ab exploiters argon actu totallyy using, benefiting by and endorsing the outlineThe data is being correctly organized and figure outed for operational support and analysis,Information is faultless, gettable and in proper format or str ucture so that customers be better served, are spoken to with uniformity across the placement (a consistent message regardless of whos speaking) and customer service consistentThese individuals ordain include the executive level stakeholders, visualize attractor, Project swayr, Lead Consultant, finance and MIS sleep togetherment and sometime secern exploiters. These individuals are liable for reviewing the progress of the implementation, consciousness the current issues, resolving critical issues, providing vision of future business opportunities and direction, and financial backing the efforts through moral support of the entire honk squad.Steering Committee responsibilities include the followingCorporate-wide data sharing Clearly sponsoring the organizations customer nurture and data sharing scheme, which states that customer information is to be centralized and available throughout the organization (based on need and security pending) for sharing in piece to promote goodness and better service the customer. This information strategy further prohibits individuals or groups from operating silo arrangements, shadow systems or other abrupt or standalone systems or systems which do non result in customer information being put in the designated CRM system. pass on interpretation of fellowship or jutting vision, direction and execution of objectives. go out brook charge and guidance on strategic issues and direction.Make decisions which can change put organization, proposal scope, or allocation of fuddle funding.Ensure that the direction of the disgorge continues to be in line with the original mission and goals set aside at the beginning of the parturiency.Support the project squad in the resolving of cross-functional areas.Keep informed of project placement ask questions to ensure accurate understanding.Deliver regular feedback to the project team on performance and expectations.Provide remark for Project attracter and Pr oject Manager periodic appraisal. decision stoolr clasp goingThe administrator Sponsor can be a middleman from the Project Team to the Steering Committee for a large project or can act as a substitute for a formal Steering Committee for a small project. The Executive Sponsor (often the VP of Sales, Director of Sales, President or Operations Manager) monitors the activities and progress of the Project Leader and Project Team. This individual is responsible for communicating project status to the Steering Committee, ensuring milestones are completed in a timely fashion, and providing the overall charge of the employees assigned to the project. Additional responsibilities include being the primary contact for issues and questions from the Project Team as well as review and monitoring of the project purpose milestones.Other specific responsibilities may includeLiaison to Steering Committee Keep Steering Committee and project stakeholders updated as to project status, progress an d/or any deviations.Identify and secure all needed project team sections for the project (e.g. operative relay links, Key Uses, carcass Administrator.)Verify the apply participation of each required project team node representative (available to commit full-time during peak periods or coverage and backfill of team members particular areas).Regularly review project status and emerging risks and course/approve potential solutions from those presented.Provide direction on prioritization of emerging issues and risks.Provide advice and council on study project and policy decisions.Ensure the appropriate project team members and key decision makers are identified and available to replete their project responsibilities.Identify and secure access to additional end substance abuser staff as needed to support specific areas of expertise not represented by the project team.Provide informal project status and chats to project team members and various user communities.Project LeaderT his graphic symbol will require an individual with strong instruction and communication skills who understands the operation and objectives of the CRM implementation. It is possible to have an outside consultant or vendor consultant and internal individual that share the Project Leader responsibilities, however, march on planning mustinessiness dictate specific roles and responsibilities. The Project Leader is the person responsible for the overall project planning and progress toward the implementation. This individual is responsible for monitoring, maintaining, and adjusting the project plan (based on the input and deliverables of team members), providing implementation develop leadership strategies to the Executive Sponsor, and ensuring the effectiveness of the industry consultants assigned to the project. Other responsibilities include reviewing and assisting in issue village, coordinating labour dependencies, and establishing milestone project goals that keep the pr oject on time and within budget.Other specific responsibilities may includeConduct or facilitate the effectuation Project Kick-off and billet meetings.Manage the customer relationship with the vendor.Confirm solid understanding of collective objectives and expectations if necessary, reset objectives and expectations. pass the implementation schedule and project plan.Measurement of plan vs. actual with variance analysis.Continually monitor scope, time frame, budget and risk.Manage project resources to assure maximum efficiency, effectiveness and resource utilization.Manage consultants on project.Periodic risk management project risks and people risks and formulatement of mitigating strategies. strong or high impact risks should be addressed with the Executive Sponsor. notice change management issues and risks develop recommendations and mitigating strategies.Periodically measure and confirm stakeholder, Executive Sponsor, Champion, Key user and System Administrator satisfacti on.Functional Champions / Team LeadsFunctional Champions or Team Leads spearhead an individual functional area (such as SFA, Marketing, Customer Service, or a particular line of business). These individuals are stakeholders from the discussion section or line of business most affected by the faculty (e.g., SFA), have complete domain area knowledge and are dedicated to the project (and generally relieved of traditional day-to-day responsibilities for departmental operations while alive(p) on their area of the project) for the project duration. Functional Champions must be empowered to make decisions for their domain area and their user community. They lead the configuration efforts and decisions during the Conference dwell Pilot (CRP) phase with each bundle module. They further determine the current and anticipated transaction flows within the computer software module. Their primary objective is to gather summons and configuration information from the key users and define the business system based on that information. These individuals may develop regale flowcharts for the existing and new system helpes, develop methods of resolving process gaps, lay report and data requirements for the respective modules to support the end users, and identify data conversion requirements to support their modules. Functional Champions are responsible for module studying, coordinating and facilitating key user meetings, scheduling key users for system tests, preparing process documents, approving training documentation, and ultimate training of the end users. Some of the study responsibilities for this role are as followsUnderstand the as is environment and bid functional expertise and knowledge of the existing business practices.Responsible for the in(predicate) configuration, processing and implementation of functional area software modules.Reconciliation of user requirements to the new system capabilities.Liaison between user community and project team Act as a mentor and liaison to other users of that functional area.Represent the user interests in system design and software configuration decisions.Design and configuration of software parameters for each module.Identify and implement business process improvements and changes.System Administrator (SA)In order to take and maintain ownership of CRM utilization and long term success, the client must appoint an internal System Administrator (SA). Although technical experience is not required, the SA is a more technical resource to the project team and actively involved throughout the implementation project and post production processing. The SA will utilize tools built in to the Aplicor CRM system for all or nearly all SA functions. All CRM occupations that operate on a relational database management system (RDBMS) require skilled SAs for steady operation.Configuration Setup data importing Validate cleanliness of data, scrub data and perform imports of accounts, contacts and/or opportunitie s into the CRM system (e.g. uploading users data from prior systems (such as ACT)). Reconcile and verify import results. sack site configuration options Selecting available option for system-wide utilization such as system logo upload, splash page selection or update of cascading style sheet (CSS).Portal drug user Interface (UI) management encourage management or users with the customization or modification of Menus and menu navigation.ImplementationUser and role management The creation, modification and removal of all users and roles within the CRM system. Resetting user passwords when necessary.Security administration Assigning and managing overall system security, user security and account-level security.Field level data list management and UDF configuration go to management or Functional Champions with determining or castrateing acceptable value from all data list fields throughout the CRM finish and appoint or utilizing User-Defined Fields (UDFs) at each page.Document Lib rary configuration.System training Provide initial training to staff, and new-hires on an ongoing basis, for system physical exercise.Query management Provide users training to create or modify queries throughout the system (using Query Manager and Query Builder).Management authoritiesTroubleshooting Provide first level response to user issues or problems. roughly issues or problems that are user-oriented will be resolved by SA, all other issues and problems may be escalated to the Aplicor Helpdesk.User view management attend users with creation or modification of individual CRM views.Monitor system usage Verify utilization and enterprise-wide access (subject to business need and security) and viewing of customer information.Continued user and role Management Updating memberships and deleting outdated users and roles.Resetting user passwords.CRM application ConsultantsCRM consultants require thorough software product suite skills on with a detailed understanding of the parti cular software modules assigned. The application consultants are expected to provide functionality information and guide the implementation of the assigned modules. Their experience with the modules provides options of configuration, process designs, options for gap and issue resolution, training to the Functional Champions, hands on task completion support and troubleshooting support for software issues. The application consultants will also provide for knowledge transfer to the key users during the User cookery phase and prior to reaching a production environment. Some of the major responsibilities for this role are as followsProvide input on task status and estimates to complete to the Team LeaderSpearhead the Conference Room Pilot configuration for each module(s)Conduct analysis of business, transaction and individual user requirementsConduct Business Process Analysis for the assigned module(s) disperse how the software will apply to the customers needsPerforming Functional Cha mpion training conduct software training for the module(s) assignedOffer suggestions for process improvementOutline new business procedures or processesConfirm application test case scenarios, lead the process testing and analyze the test resultsGuide conversion efforts and strategiesLead the cut-over preparation, testing and verificationReport software bugs and aggressively follow-up on fixesProvide post implementation supportIdentify and resolve open issuesAll Project Team Members any project team member has a fiduciary duty to make a proactive and positive contribution to the project. All team members are owners of the project and the new system and are personally accountable for fetching charge of their respective areas and promoting the project to their user communities and colleagues.Project Team member duties include the followingProvide input to process improvement ideas round off circulated correspondence provide feedback as requiredIdentify high impact / high return oppor tunities within respective areasProactively ask questions and offer inputAttend every Project Team status meeting secern the importance of this project to the organizationKeep Project Stakeholders updatedAct as liaison and constituent for represented user community Keep user community informed of project status and progress, provide a mechanics for users to contribute to project and voice suggestions for improvementContribute to the solution never offer criticism without suggestion. Team members must be contributors, not listenersProject OfficeProvide day to day project management and supervising of the project.Track project status and provide status reporting instigate adherence to the project scheduleTrack issues and manage the resolution processDefine change and risk management strategies to assure early appointment and complete, expeditious resolutionProvide a framework for developing natural project management skills in the project team to ensure effective tracking of proje ct statusLead Application ConsultantThis role will require an individual with strong communication skills, technical skills, application expertise and business experience. The role of the Lead Application Consultant is to manage the project implementation to meet the agreed upon requirements and timeframe. In order to be successful in this role, the role will have the following responsibilitiesApprove all application consultants to be placed on the project teamProvide overall and daily management and support to all application consultants assigned to the projectReview and verify each consultants time and set down report for accuracyDefine roles and responsibilities for each application consultant engage with the Project Leader and Project Manager to learn and manage the implementation to meet the agreed upon project objectivesWork with the users and other software publishing firm resources as required, and resolve queries and issues on an ad hoc basisNotify management of requireme nts for resources in order to provide sufficient lead times for resources to be made availableMake timely decisions regarding the project priorities in order to minimize disruption on the projectOverall responsibility for guarantee the quality of work conducted by their representative consultantsAttend all Implementation Project Status meetingsTechnical AnalystsIdeally, there is one Technical Application Analyst for each module. These individuals generally come from the MIS area, are dedicated to the project and relieved of day-to-day responsibilities for departmental operationsAssist with reconciliation of user requirements to system capabilities realisation / design / development of required system interfacesIdentification /design /development of required data conversion routinesModification of software applications forms/reports using publisher toolsDevelopment of working knowledge of the software application table structures/data base functionalitySystem test planning and assis t to users in the execution of the system testing processSupport for User Application Analyst tasks as necessaryFocus GroupsSupport the project team by actively participating in the research and resolution of project issuesSupport the project team by actively participating in the assessment of configuration alternatives during the realization phaseEngage actively in the generation of business case scenarios and the development of test scriptsParticipate, as required, in the execution and validation of test scripts

Study On The Biomedical Model And Biopsychosocial Model

Study On The Biomedical Model And Biopsychosocial Model harmonise to human being Health Organization(WHO,2003) heath is defined as state of bump off physical, cordial and social well-being and not merely the absence of infirmity or infirmity. Every human being on earth desire for a good health. Good heath assists us to gain better order of life. When the good health is bear on, every longanimous who suffers from any kind of heath disorder or illness be usually in a fragile condition of mind or curious. So the approach toward them by medical practitioners should be to explain their current situation and to help them. in that respect are a few(prenominal) beats of health created and utilise in hospitals or clinics in order to guide the medical practitioners in treating the patient. This includes biomedical imitate, social model and biopsychosocial model. Most commonly used in practice today are biomedical model and biopsychosocial model.Before the development of biopsycho social model, biomedical model used in practice. Biomedical model states that good health is the freedom from pain, soil or disease. It mainly focuses on physical factors that affects the health such as biochemistry, physiology and pathology of disease. It does not include social or psychological factors into account.In 1977 George L. Engel questioned the control of the biomedical model via well known journal, Science. He to a fault explained the pauperization for a new model that was more holistic. He said that in order to provide a basis for understanding the determinants of disease and arriving at a rational intercessions and patterns of healthcare, a medical model must excessively take into account the patient and the social context in which he lives. So in the same year biopsychosocial model was theorized by L.Engel. harmonise to OSullivan Schmitz (2007, p.28), patient outcomes improved considerably when they are inured with consideration, educated on their condition a nd are shown respect by the therapist and staff of the hospital. When treated as such, rehabilitative goals set by therapists rear end be reach as patients have more confidence in themselves and in their therapist and are willing to go the extra mile to regain form functional independence. This particular approach is known as the Biopsychosocial method.Recently Borrell-Carrio, Suchman, and Epstein (2004, p. 576) said,The biopsychosocial model is both a philosophy of clinical care and a applicatoryclinical guide. Philosophically, it is a way of understanding how suffering,disease and illness are affected by multiple levels of organization, from the societal to the molecular. At the practical level, it is a way of understanding the patients subjective experience as an inherent indorser to accurate diagnosis, health outcomes, and humane care.Biopsychosocial model which is a more complete conceptual framework emphatizes on biological, social and psychological factors, all black ma rket an important role in human functioning when the person is affected by any disease or illness. A.Fava(2008,pg 200) states that study of very disease must include the individual, his/her body and his /her surrounding environment as an essential components of the total heath system.During my first clinical placement, I had the opportunity to attain and note the implementation of the biopsychosocial model by the physiotherapist in the sermon of patients in a private hospital. Implementation of biopsychosocial model is clearly seen in a patient who is 23 years old, Mr K. When the patient first entered the centralise Mr X, who is the physiotherapist responsible greet Mr K with smile on his case and introduce himself to the patient. According to the doctors report, Mr K had minor operation overdue to his aright anterior cruciate ligament(ACL) tear few weeks before.Mr X begin his session by assessing the patient subjectively. Throughout the assessment Mr X asked the patient que stions regarding his manifestation and social life which leads to the symptom. At first, Mr K repudiated to respond to Mr xs questions. But after few minutes of conversation, Mr X managed to gain Mr Ks respond. This is maybe because Mr X mind to the patient carefully and maintained eye contact with the patient which vex the patient to trust him. Richard S Irwin (2006,page 573) states that good physiotherapy-patient communication includes understanding(18%) and talks to me (15%) were the almost important characteristics, followed by cares (10%) , listens (8%) and respect (7%). Pekka Larivaara (2001,page 9) states that skilled physiotherapist convey earnestness and attention by their forward posture, eye contact and expressive face, movement and tone. At the end of subjective assessment, Mr X got to know that Mr K is a professional football player and he had lateral ankle ligament spran terce years before.Before begin the physical examination , Mr X politely asked the patient to lie on the examination table. After getting the patients go for the physiotherapist palpated below the knee of the patient to check for any several(predicate) symptoms such as swelling or redness around the calf muscle. According to Petty (2004,page 340),informed consent is a paramount to ensure that the patient fully understand what is being carried out and that he has the right to refuse or accept the treatment given. Then physiotherapist measured the twine of motion of flexion of the patients affected knee. During the measurement, Mr X observed the patients facial expression. He realized that the patient having thornyy in flexing his knee after trusted level. He also noticed that the patient is depressed and down due to his recent condition which preventing him from carrying out his daily activities. So the physiotherapist move the patient and gave him moral support.he promised the patient that he would be back to his prevalent lifestyle within 6 months.Before the phy siotherapist begin his treatment , he explained about the treatment which going to be given to the patient. He also explained about the benefits and outcomes of the treatment. He positioned the patient in supine lying by place a pillow under his head and a towel under his thigh. This is to make sure that the patient is in loose position to receive the treatment. Petty (2004 , page 341) states that patients comfort is paramount as it induces relaxation and enhances the adherence to the treatment. Patients comfort during treatment session is a positive importance to their believe in the medical professionals, treatment, and their capability to relax when they change treatment plus patients choice of treatment positions should be respected. physical therapist also make sure that the height of the examination table is parallel to his cannon level to ensure that he can easily reach the patient. Physiotherapist then applied cold pack and TENSE to the patient to assume his pain. The t reatment session took place for 15 minutes.Later, Mr X teaches the patient on how to use the elbow crutches. At the beginning stages the patient find it difficult to walk with the crutches. But after the physiotherapist assist him for few hours, Mr K manage to walk with the crutches. According to OSullivan , the supportive use of hands can allay fears and instill confidence while ensuring safety. The key to success in using direct movement is to intersperse active practice with guided movement, providing only as much economic aid as needed and removing assistance as soon as possible.He came for treatment continuously for few weeks. Physiotherapist praised him upon his success in walking throughout the treatment period. According to Pekka Larivaara(2001) patient-centered physiotherapist acknowledges and appreciates the patients effort to cope with his/her symptoms and problems.

Thursday, March 28, 2019

Virtual Against the Real :: Movies Technology Essays

Virtual Against the Real Two men stand on the rooftop. ane world, dressed in a black suit and black tie, shoots a penetrating look at the other through his dark sunglasses. With a quick flick of his wrists, the man in the suit fires a fistful of lethal bullets. Time slows down as the projectiles float towards their victim. The camera slant changes as the man acrobatic entirelyy bends back to dodge the rippling bullets. move The bullets fly by in normal speed as the man quickly gets back up. Neo, the man who around tasted lead, straightens himself out before proceed to battle the agents of the virtual world. I sat back comfortably on my couch watching The Matrix (1999), thinking of the virtual versus the real. All the movies I saw recently, on the whole the advertisements that covered the media, and almost anywhere I went, I noticed the use of data processor graphics. Even the movie I was watching, The Matrix, was intensify and completed with the aid of computerized spe cial effects. In order to make a blockbuster hit, it seems as if computer graphics are essential. However, with computers readily available at their fingertips, a portion of the producers, artists, designers are beginning to use computer graphics not so much to enhance as to step in the real. Whenever computer technology is used to replace what is real, I fear there is a danger of losing aspects of a vital humanity. Nowadays, any top lore fiction or action/adventure movie uses at least(prenominal) some bit of computerized special effects. I still remember cosmos amazed at how real the tyrannosaurus rex looked in the blockbuster hit, Jurassic Park. I was amazed at the power and realism of the virtual dinosaur. electronic computer graphics, in some respect, are a necessity in straight offs films. For example, in Tom Hanks Cast Away (2000), all the island scenes were filmed on a mud-pile overlooking a parking lot. Michael A Hiltzik in Digital Cinema Take 2 describes how almos t all the shots with a sky or ocean were done with special effects. in that respect are numerous examples where computer graphics enhanced the film, including the creation of romance worlds in Lord of the Rings (2001). What made these computer-enhanced movies so effective was that they relied almost entirely on live human actors. They had the beautifully depicted scenery, from the white-hot mountains to the cozy village of the Hobbits, that were all generated by computer, but there is cryptograph better to portray human stories, stories that we can imagine ourselves in, than live actors.