Thursday, May 21, 2020

Police Stop Search

Sample details Pages: 30 Words: 9144 Downloads: 6 Date added: 2017/06/26 Category Statistics Essay Did you like this example? The Legality of the Police Stop and Search Powers Experience should teach us to be most on our guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. Justice Louis D. Brandeis, dissenting in Olmstead v. United States, 277 US 479 (1928) Don’t waste time! Our writers will create an original "Police Stop Search | Criminology Dissertations" essay for you Create order Introduction The Home Office reports there were 50,000 racially or religiously motivated hate crimes in the UK in 2005 alone and an estimated total o f260,000 reported and unreported incidences of such hate crime . In the recent debates over the Racial and Religious Hatred Act (RRHA) 2006attention was drawn to the fact that one of the primary purposes of the legislation was varyingly described as exhorting the communities to respect each others different backgrounds. And a pragmatic response to increasing interethnic tensions, ensuring that diverse groups can cohabit peacefully . What these dialogues highlight is the seriousness with which the legislature, reflecting at least a majority of society, views the deleterious effects of racism on social cohesion. Undoubtedly many of the concerns about the fabric of our society are caused by concerns over recent geo-political events across the globe. In particular the publicity of the terrorist bodies that have carried outa number of attacks since the turn of the century in New York, Washington, Bali, Casablanca, Jakarta, Istanbul, Madrid and London have made certain races and religions, in particular Muslims, synonymous with violence and extremist activities. These fuel already pre-existent religious tendencies. However, in many ways the governments approach tithe issue of terrorism and its inherent links to an increase in interethnic tensions have been flawed. A quick review of the anti-terror legislation passed since the Labour government came to power illustrates the point: The Terrorism Act 2000,Anti-terrorism, Crime and Security Act 2001, Prevention of Terrorism Act 2005, The Terrorism Act 2006 and Terrorism (Northern Ireland) Act2006. This doesnt even include all the Statutory Instruments such as The Schedule 7 to the Terrorism Act 2000 (Information) Order 2002, The Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2003 and The Terrorism Act 2000 (Continuance of Patria) Order 2004 . There has not been a year since the turn of the century when terrorism hasnt been on the legislative agenda and the upshot has been an exponential growth in police powers stemming from this flurry of legislative activity. There was an extension of police powers by Part V of the Terrorism Act 2000, Part 10 of taint-terrorism, Crime and Security Act (ACSA) 2001, ss.5 and 8 of the Prevention of Terrorism Act 2005 and Part II of the Terrorism Act 2006. Thus what the foregoing highlights is that on the one hand the government is attempting to prevent racist attacks and incitement of such feelings through the RRHA 2006 but also widening the discretionary powers of the police. It is exactly these kinds of beneficent aims that Justice Brandeis was talking about that can end up causing infringements on liberty. In the recent case of A v. Secretary of State for the Home Department the courts were faced with a Human Rights challenge to the provisions under the ACSA 2001 held them in breach. It was described by Lady Justice Arden as decision that will be used as a point of reference by courts all over the world for decades to come, even when the age of terrorism has passed. It is a powerful statement by the highest court in the land of what it means to live in a society where the executive is subject tithe rule of 1aw . These decisions which have thwarted the aims of the government to a certain extent have an undertone that liberty is at stake. In this work we attempt to look at all of the foregoing issues in respect of the stop and search powers of the police. It is said that the exercise of the police power to stop and search members of the public is one that has long excited public controversy. There are numerous facets about the power which excite this controversy however far and away the most controversial issue has been its disproportionate use on ethnic minorities. This work is going to do thorough analysis of the police stop and search powers looking at number of issues. Many commentators take the now infamous MacPherson Inquiry into the death of Stephen Lawrence , which argued that the stop and search figures highlighted a clear core conclusion of racist stereotyping . This was placed against the overall conclusion that institutional racismexists both in the Metropolitan Police Service and in other Police Services and other institutions countrywide . In particular it highlighted that they believed there had been a systemic failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin . This work wants to look at the stop and search research that is currently available to see whether this problem still exists or has changed. We also carried out an empirical study ourselves which we wish to incorporate into this analysis. One item of particular interest will be to note whether the rise of what various studies have calledIslamophobia , which is largely exacerbated by the recent terror attacks and underpins the need for the RRH 2006, has manifested itself in the police. The aim in assessing the empirical data is to come to conclusion on the Human Rights issues which are now Omni-present in modern society and whether the approaches of the police can be squared with traditional criminological theory. Substantive Law on Stop and Search The placing of a general stop and search on a statutory footing was only achieved by s.1 of the Police and Criminal Evidence Act 1984(PACE). However, the power has been in existence in some manner since the nineteenth century in order to empower the police to harass marginal sections of the population . PACE gave the power to the police to stop and search anybody that they reasonably suspected of carrying prohibited articles for example a weapon or stolen goods . Similar statutory power had also existed before then but had been limited to drugs under s.23 of the Misuse of Drugs Act 1971. Again this section takes the format that where an officer has reasonable grounds to suspect that any person is in possession of a controlled drug then they have a power to stop and search that person. The Criminal Justice and Public Order Act (CJPOA) 1994 also provided that an officer of superintendent rank or higher may authorise stop and searches where that officer reasonably believes there may be incidents of serious violence likely to occur in the police authority area . Indecent years the model in the Criminal Justice and Public Order Act1994 has been extended into the Terrorism related statutory measures. In particular The Terrorism Act (TA) 2000 s.44 extended stop and search powers so that, where authorised by an assistant chief constable or higher, then police officers could search people for anything that could be used in connection with terrorism, importantly can be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind . It is worth noting that the s.60power under the CJPOA, above, also allows for the constable to stop where there is no reasonable suspicion. However whilst the CJPOA and TA are obviously of importance to fight specific types of crime such as terrorism, football hooliganism and gang fights the powers under PACE are considered to be the more widely used and more general of the powers in that it can apply to stolen or prohibited articles with the latter having a very general definition in s.1 (7). This naturally means that the level of discretionary power devolved on the individual constable is directly related to the judicially regulated phase reasonable suspicion . It is clear that the courts are willing to police this test for example a reasonable suspicion will not include a vague assertion by another police officers per DPP v. French nor will an order from a superior officer count as per OHara v. Chief Constable of The Royal Ulster Constabulary. In that case Lord Stein cited numerous authorities that uphold a position that he described as being justified because of the longstanding constitutional theory of the independence and accountability of the individual constable . Lord Stein went onto outline the general proposition which applies to reasonable suspicion: there need not be outright evidence amounting to a case, therefore a tip-off from the public may be sufficient, and hearsay information may be perfectly valid but a mere command or vague beliefs will not suffice. Thus the above clearly illustrates that there needs to be a subjective reason in the policemans mind for the suspicion however there needs also to be an objective part which causes the subjective suspicion. Whilst OHara highlighted that an informed tip-off could suffice as objective grounds it is clear that a persons race, age, appearance or the fact that the person is known to have previous conviction cannot be used alone or in combination with each other as a reason . In fact Code A of the Code of Practice for the exercise of the statutory stop and search powers specifically warns police officers of using such criteria as race or ethnicity because of the prohibitions in the Race Relations (Amendment) Act 2000 . However, clearly the courts support the reasonable suspicion test as having a low threshold for satisfaction and as long as there hasnt been clear discrimination and the constable himself has other reasons then there is deference. This was more concisely laid out in Casoria v. Chief Constable of Surrey where Woolf, LJ highlighted the tri-partite nature of reasonable suspicion: The subjective part requiring there to be an actual suspicion on the part of the constable, whether it was reasonable which will be a matter of law for the judge and finally as long as it was reasonable was the discretion used in accordance with the famous principles laid down in Associated Provincial Picture Houses Ltd v.Wednesbury Corporation . It is hard to see how the Wednesbury principle of unreasonableness fits with a judicially determined principle of reasonable suspicions: How could a constable have a reasonable suspicion and then use his discretion stop in a manner so unreasonable that no reasonable authority [insert: Constable] could ever have comet it . In any case there have been numerous cases on these issues but this appears to remain the core of the exercise of reasonable suspicion. It also seems as though the courts have been lenient towards the police in defining what was reasonable and what constitutes suspicion: suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking: I suspect but I cannot prove. The statutory powers are widely drawn and as the foregoing highlights the judiciary are reluctant to impinge on the discretion of ordinary constables. However discretion per se is not a bad thing, in fact it is necessary if a modern state is going to function. However, it is the empirically measured use of that discretion which is of the utmost concern to all scholars of the law. However, criminological study has long had a fascination, predominantly because of classical positivist legal thinking and pre-occupation with the rule of law, with the lack of control over behaviour that is subject only to the internal constraints of the individual and that is not subject either to formal rules and sanctions or to direct supervision . What Working called Strong discretion . The substantive provisions highlight this precise quality at the lowest level of the police hierarchy: the constable has discretion and it is the most visible to ordinary members of the public. It is this reason that many commentators have chosen to focus on the use of this discretion: It is quintessentially a low visibility decision, immune to effective accountability mechanisms, for, if officers do not record stops, then they are unlikely to come to light . Furthermore, as Waddington et al. make the point that the decision of a police officer not to stop provides opportunities for abuses of discretion which are virtually undetectable . Thus from a very basic point such discretion is difficult to square with the standards of the legal-analytical view of the decision process that should be applied by social actors who exercise legitimate power over members of the public. However, we wish to look at how this power is being exercised by studies however we cannot look at this from every angle; Discretion can be analysed from numerous angles such as how it isnt applied in a uniform manner, for example discretion in sentencing , or how it disproportionately effects certain sections of society such as women or ethnic minorities . It is the latter use of discretion that we are interested in this work because clearly stop and searches in order to meet their purpose will be applied randomly and on the vague reasonable suspicion criteria so uniform application is not an issue. We will now look at the empirical evidence on all aspects of the stop and search debate. Empirical Evidence on Stop and Search There is a wealth of empirical evidence on this issue due to it having been at the forefront of research into policing , in Britain and elsewhere and we will attempt to look at much of the statistics as possible in order to get a holistic picture of how the stop and search discretion is being used by constables. The major source of empirical information on this issue has been from the Home Office both in its Annual Report entitled Statistics on Race and the Criminal Justice System and the six reports produced by the Policing and Reducing Crime Unit that did a variety of studies into different issues concerning Stop and Search. We will look at these studies initially in order to get a general overview of the situation. The Home Office Statistics for 2005 show, one is tempted to say as usual, that there is discrimination in the outcomes of stop and search statistics. Under PACE powers it was reported that Black people were 6times more likely to be searched than White people and Asians were nearly twice as likely. In fact no ethnic group was less likely to be stopped than White people . Under the CJPO 1994 it was noted that there had been a 5% increase in the number of Black people being stopped and 22% increase for Asian people whilst in the same period the number of White people being stopped decreased by 3%. Under the Terrorism Act however the proportions changed with the number of White people increasing and the number of Black and Asians decreasing (7% and 5%respectively). However, as we noted above PACE is by far the most commonly used with the recorded number of stops being 839, 977 as opposed to a combined 73, 363 under the other two powers. Thus PACE gives a much more widespread and statistically accurate sample. What arises is that particularly black people seem to have been targeted more than white people. These statistics are worked out by looking at the extent to which police powers are exercised on a group out of proportion to the number of that group in the general population .What is even more striking about these statistics is that they remain relatively unchanged over the last few years thus despite increased attention on this issue there has been little substantive impact. Unfortunately these statistics do not highlight a new problem as long-ago as the Scar man Report in 1981 there was a view that racism existed in the behaviour of a few officers on the street. It may be only too easy for some officersto lapse into an unthinking assumption that all young people are potential criminals . Furthermore there have been reports that stop and search powers have always been used in this way for example a power to stop people under the Vagrancy Act 1824 and the Metropolitan Police act 1839 are reported to have been disproportionately used against black people The findings of the Lord Scar man report were confirmed later by other studies such as that carried out by Norris et al. which discovered that not only that young blacks were stopped very much more frequently than other racial groups, but that these stops were made on a more speculative basis . Then in the Macpherson Report into the death of Stephen Lawrence the same concerns were voiced but they made the point that it was Institutional Racism rather than Individual Racism causing the disparity and they pointed to the causes: can arise because of lack of understanding, ignorance or mistaken beliefs. It can arise from well intentioned but patronising words orations. It can arise from unfamiliarity with the behaviour or cultural traditions of people or families from minority ethnic communities. It can arise from racist stereotyping of black people as potential criminals or troublemakers. Often this arises out of uncritical self-understanding born out of an inflexible police ethos of the traditional way of doing things. Furthermore such attitudes can thrive in a tightly knit community, so that there can be a collective failure to detect and to outlaw this breed of racism This sort of unconscious racism has been noted by a number of studies and in particular at stop and search powers where many argue that officers rely predominantly upon their own instincts, which could cause elements of race and class bias . Fitzgerald Sabot also did an empirical study on this issue which similarly found that based on their presence in the population overall ethnic minorities are more than four times as likely to be searched than whites . It was pointed out in that study that the problem was difficult to judge just on the sorts of statistics because; it doesnt take into account the difference in the level of usage by different forces thus for example the Metropolitan Police account for approximately 46% of all stops recorded . This meant that whilst the national average may be four times as likely, as stated above, the actual ratio in individual forces were with the exception of one lower than that. Furthermore it fails to distinguish between stops as such and the searches which follow from these steps . In their study Fitzgerald Sabot exhort the view that there must be a clear picture of what is going on in stop and searches. In attempting to do this they divide the issue into operational and administrative factors which influence PACE searches. The conclusion is that on the whole stop and searches are not random but tend to be lead by intelligence from crime reports relayed over radio or in the context of specific targeted operations . This leads toe skewing of patrolling constables so certain locations and individuals on the Prominent Nominal list were more likely to attract attention and thus they concluded that the numbers of stop/searches may vary quite markedly from one police beat to another for entirely legitimate reasons . However, they noted that official statistics were also skewed or distorted by Administrative factors such as non-recording of stops and a lack of clarity over the powers which the police actually have. In particular the failure to report stops was argued to probably be very great based on the researchers experience particularly because there was little to no incentive to report a stop which resulted in nothing being found and which contained no incidents. The results were also skewed because there was widespread disagreement about what constituted a voluntary stop. Interestingly, haven studied this area the researchers noted that the correlation between stops and intelligence from crime reports was in effect passing on an already inherent bias in the ethnicity of reported criminals. However, as with other studies they discovered that there was a great deal of stereotyping that occurred towards non-white groups . Overall the picture presented was one where it was incredibly difficult to see whether or not discrimination occurred and they concluded that whilst race may be a factor it may not be anymore of a factor than somesocio-economic factors. In particular because of the administrative and organisational factors there was a conclusion that racial disparity was often reflected in the factors which informed the use of discretion and when less informed or acting on their own initiative the racial disparity would be less . Fitzgerald Sabot are not the only ones to challenge the orthodoxy on racial discrimination in stop and searches. In particular some researchers have pointed to the fact that often that reference to statistics and traditional studies tend not to taken into account the various ethnic proportions of the population who are on the street often as opposed to a resident population . The findings of initial research into the area found that the population available to be stopped and searched tended to include a greater proportion of ethnic minority groups Whilst the empirical evidence has been to a degree challenged what seems to be undeniable is the deleterious effect that the perception of stop and search is having. In research done by the home office they conclude that the way in which stops and searches are currently handled causes more distrust, antagonism, and resentment than any of the positive effects they can have . This was exacerbated by apperceived inexplicability for the reason of many stops thus there were complaints that in a large group or in a car only certain people would be searched and there was little understanding of how the police discriminated. Furthermore there was a feeling that the length of time and the embarrassment felt by those innocently stopped was contributing to severely negative attitudes. One man had described being stopped whilst in his taxi with customers causing a complaint to be made by the customers and he perceived that his reputation at work was in tatters. Finally, there was concern over the attitude of policemen which was felt to be confrontational and unsympathetic. There were also considerable views expressed that minorities felt targeted and that there was an inability to communicate with them leaving a feeling of dissatisfaction . These results were in no way unusual for example the British Crime Survey has found that there is a direct link between being stopped and searched and approval ratings of police, especially in ethnic minorities . These studies are backed up by others which highlight that inadequate training of police officers failed to instil adequate social and interaction skills . This is backed up by a study into the attitude of police officers towards stop and search training when a group of police officers from the same constabulary were asked whether they had received any training related to stop and search in the previous twelve months the results were that 46% said yes, 40% said no and 14% said they didnt know . Some commentators have argued that on the empirical evidence available there is a clear conclusion that whilst there may be a racial bias in the stops and searches this may not necessarily be due to racial prejudice, whether personal or institutional, but rather the higher proportion of ethnic minority stops may be explainable as an efficient use of the stop and search procedure this is explained in more detail by Borough : The efficiency argument for injecting racial bias into stops does not imply that ethnicity per se is the cause of a higher likelihood of offending. Rather, the probability of offending may be objectively related to a number of non- ethnic factors (family background; education level; economic circumstances; housing conditions) which, given the particular circumstances of society, are relatively more concentrated among ethnic minorities. It is argued that because there is no outward way of determining these on-ethnic factors that race is used as a proxy for policemen. The example given is that an equal split between old ladies and young men stopped and searched would undoubtedly display a bias against old ladies because they far less-likely to be law-breakers. Thus disproportionate concentration on young men is not necessarily a bathing. However, this argument whilst clearly persuasive in its thinking has been discredited in particular because the racial bias to police stops was in excess of that required by inter-ethnic differences in rates of offending . The only conclusion that can be drawn from the study is that there has to be racial prejudice existent because of the level of excess. In fact Borough concludes that a third to a half of racial bias to stops in 1997 /98 across 10 Police Areas of England, represented prejudicemost of this prejudice was directed towards Asians and not towards Blacks . Thus he goes onto argue that even if we are able to overcome the rather ethically dubious efficiency argument there is still a problem with prejudice. The latter point that Borough makes is of particular interest that taking into account intentional and justified bias there is more prejudice against Asians. The vast majority of Asians are Muslim and thus it is of interest to see whether there is a potential growth ofIslamophobia in the police forces. It is worth just spending a brief period of time to understand the rise of Islam phobia in the U.K. The immigration of Southeast Asians following World War II into the U.K.was fairly significant and created a sizeable and politically active Asian, and predominantly Muslim, population within the U.K. In the1980s a number of events such as Muslim protests against Salman Rushdies Satanic Verses involving mass book-burning and the fatwa declared by Ayatollah Khomeini which advocated the murder of Salmon Rushdie brought severely negative press coverage. Since the 1980s and through the 1990s there was a great deal of media attention on anything which might portray Muslims as ant western or linked to Islamic fundamentalism was seized upon. Islam phobia was coined by the Runnymede Trust in a review on the level discrimination and was defined as unfounded hostility towards Islam and unfair discrimination against Muslim individuals and communities, and to the exclusion of Muslims from mainstream political and social affairs . We have already mentioned in the Introduction how recent legislative action has been prompted by anti-Muslim sentiments has been instituted. In the more recent past there has been studies that highlight generally that receptivity towards anti-Muslim another xenophobic ideas and sentiments has, and may well continue to, become tolerated . Particularly worrying is the growth of right-wing groups within society such as the British National Party , the National Front, the White Wolves, the Ku Klux Klan, the Third Way, White Pride, the League of St George and various fluidly defined football hooligan groups . There is little research on the issue of whether Islam phobia exists in the police but it seems likely that to some extent there will exist such prejudices that are apparently relatively rife within society. Again this neednt be direct prejudice but perhaps a stereotypical view which isnt premised on justifiable grounds. Whatever the case there is increasing worry over the growth of Islamic fundamentalism in society and the extent to which police behaviour in stop and searches, in particular, has created angry young people vulnerable to extremism. This was recently thrown into the spotlight with the seemingly unjustifiable actions of the police in the collapsed prosecution of ONeil Crooks who was arrested for drug-dealing whilst on a family trip to the theatre . The actions were criticised by the National Black Police Association as alienating members of ethnic communities .Furthermore the Islamic Human Rights Commission has claimed: It has been clear for a very long time that there is an institutionalIslamophobia in the implementation of stop and search. We need to get rid of a culture that exists unfortunately it exists in our society as a whole, but it is much more damaging when mixed with the powers the police have Anecdotal evidence suggests that similar misperceptions exist over Muslims as do over ethnic minorities, for example research has pointed out that police view certain crimes as predominantly carried out by certain ethnic groups and there have been publicly expressed views by policemen to the effect that the bottom line is that the terrorist threat is from the Muslim world. . However, the police are using ethnic characteristics such as dress and appearance as proxies for Muslim which belies the fact that there are many white and other ethnic groups who are Muslims . It has been reported that Although figures on conversions to Islam in Western countries are difficult to nail down, its safe to say that Muslim converts in the U.S. and Europe number in the hundreds of thousands . This means that even if we were to accept the somewhat dubious claim that all types of terrorism were predominantly coming from the Muslim world that the police might well disproportionately impact on people who present traditional ethnic characteristics, probably mostly Asian. This is worrying from a criminological perspective but also because the police will be less effective. It is clear that new converts are at risk of becoming radicalised when first attracted to the religion; this was seen in the cases of Richard Reid the shoe-bomber, Germaine Lindsay who was involved in the 7th July bombings in London and most recently Don Stewart-Whytes involvement in the attempted bombing of the trans-Atlantic flights from London to New York . In the next section we will assess the empirical evidence that we go from doing my own empirical investigation into these issues. However, at this point it is worth just summarising the empirical outcomes that have been expressed above. We have seen how institutional racism, twosome extent, is existent within the police. The figures even with alias built-in still portray a distinctly prejudicial picture however potentially not as discriminatory on black people as other studies have suggested. What are of more interest are the findings that Asians were disproportionately prejudiced and it is of no small consequence that there is a great deal of confusion and prejudice which sees people exhibiting Asian ethnic characteristics as consequently Muslim. It is important to realise that there is a fundamental difference between persons race and his religion. You cannot change your race. Your religion, however, is your choice. Thus again Islam phobia in the police could have potentially disastrous consequences on both ethnic communities and encourage radicalism whilst also missing the new converts to Islam. Empirical Outcomes from Study of Stop and Search I carried out a study on members of the public between the ages of 18 29 in order to discover whether or not there was an actual, or at the very least a perceived, differential impact of police stop and search powers on various ethnic groups . There were real limitations to this study but we can make some informed conclusions from the results. I gave questionnaires to thirty people with various ethnic backgrounds(ten White, ten Asian, five Chinese and five Black) and the aim of the questionnaire was to discover their pre-disposition towards police, their experiences and whether this had been changed by recent political or personal events. Pre-disposition The first substantive question asked by the questionnaire took the form of a straightforward scenario where individuals were asked to rate the factors which they thought had influenced the police in it: You are walking through a rough neighbourhood on your way home from visiting a friend all night, there is nobody about and everything seems okay to you. Suddenly two police officers stop you claiming that you are suspected of having been involved in burglary in the area that night. However, they are aggressive and unwilling to fully explain why they suspect you which makes you suspicious. This was supposed to represent, as evinced by previous empirical evidence above, a typical encounter with police when carrying out atop. The five options were three generic personal factors (Age, Sexed Race/Ethnicity), an excuse to use powers over people and also the major reason we saw given by police above for stops i.e. similarity to description of a suspect. The usefulness of this question was that at this point people probably didnt have any idea about the aim of the questionnaire and therefore gave less biased answers. The survey discovered that 43% of people thought that ethnicity would be the most likely reason which was closely followed by 33% of people who thought that similarity to the suspect would be the most likely reason. In total 66% of respondents put ethnicity as the most likely or second most likely reason for a stop and search. When these figures were broken down into ethnic categories there were some interesting statistics for example 100% of Black people, 80% of Asians and 80% of Chinese put race as either their first or second choice which compared to only 30% of White people. There was clearly a large gap and this was in fact lessened because one of the White individuals had converted to Islam and perceived himself targeted as a result of the change in his appearance. It is all the more striking because 60% of the White respondents put Race as either their last, or second last, most likely reason for the polices behaviour. This didnt mean all the White respondents were favourable towards the police but highlights their grievances were less motivated by a sense of racist behaviour. It also highlights that many non-White members of the community were perceiving race as one of the key factors in determining whether or not they were likely to be stopped. People being stopped and their general impressions The main corpus of the Questionnaire contained questions on whether they had ever been stopped or not, their opinions of police and the reasons for those opinions. Only 37% of the people questioned had been stopped of which 45% had been searched during that stop. There was an interesting spread across the board with five out of the ten Asians having been stopped, none of the Chinese, one of the Blacks and four of the Whites. What was especially interesting was the difference in the reasons given. The four White stops when asked for their opinion on why they were stopped gave predominantly driving offences as the reason and accepted it was reasonable. However, the reasons proffered by most of the Asians was generally negative and they gave race or ethnicity as the reason thus one of the Asian respondents gave the reason as Because I am a Pakistani young man and the police always target me and the same respondent felt that the reasons given by the policemen who had stopped him were based not on merit but on colour. What was further interesting was the spread across all respondents when asked about their understanding of police powers to stop and search and their opinions on the way the power is exercised. The respondents were given four options of a general nature of which the last best represented the law. Whilst the largest single percentage got the right answer (40%) this did mean that sixty present of respondents didnt have a good idea. This also meant 50% of respondents thought that the police had either a complete discretion or just had to have a suspicion, reasonable or not, of the person having committed a crime. This ignorance of the law highlights why many people feel frustrated. Finally, one of the most important questions for this work was whether recent events had changed peoples perceptions of the police. When asked their opinion of police 76% of respondents rated police as Average (40%) or Poor (36%) . When asked whether that opinion had changed for the worse in the last six years (i.e. since the turn of the century and the start of the terrorist atrocities such as September11th) over 50% of respondents replied that it had. Further 66% of respondents felt that the police discriminated against Asian minorities because of a police perception of them being more likely to be terrorists. Interestingly whether asked if such discrimination could be justified 17% of respondents felt that it could. Clearly this is minority but the reasons given for this view were diverse and the ethnic breakdown was interesting. Again White people were significantly less than other ethnic groups in admitting that discrimination against Asians existed with only 50% saying that it did which compared to 90%of Asians, 80% of Blacks and 60% of the Chinese. Clearly there is large disparity between Asians and White ethnic groups on whether they are persecuted by the police. However, perversely, two of the Asian respondents felt that such discrimination could be justified compared to only one White and two Chinese. The reasons given did vary but tended to be along the same lines which were typified by one respondent: You dont know who you can trust nowadays. People who fit certain descriptions can be terrorists. It is better to be safe than sorry. This approach is clearly utilitarian in its reasoning but seemed to represent a minority with most respondents taking a deontological approach and giving primacy to rights and individual freedom. Conclusions Clearly this questionnaire was not on a large enough scale to truly tell us whether more Asians are being targeted however the perceptions of people provide interesting reading. It is clear that a large majority of people have changed their mind over whether police discrimination against Asians existed and most people dislike the turn. When asked their general opinion on stop and search powers there was feeling that something needed to be done to reform the way in which police handled them or used their powers. On the whole people are negative towards the police stop and search powers but the figures show that such opinions are higher in non-White ethnic groupings. One of the most interesting respondents was the White individual who had converted to Islam who had the following to say on the issue: I have recently converted to Islam and grown a beard. Prior to my conversion I had no trouble with the police however now that I look like a Muslim I am being targeted and seen as a threat. The experience of this individual surely adds to the foregoing anecdotal evidence that Islam phobia is rife and that police will be more likely to target people who they perceive to fulfil the traditional stereotype of a Muslim. As we saw in the previous section with an increasing number of people converting to Islam it may well be that this individuals experience is not unique. Human Rights, Criminology and Stop and Search We have thus far achieved one of the major aims of this work which waste assess whether the problems of institutional racism and discrimination is still existent in the police and that probably since the spate of recent terrorist attacks there has been a change in peoples attitude to some manner affected by actual personal experiences and media coverage of the issue. There are a number of issues that are worrying when we consider these findings. Primarily, the raison deter of stop and search is as a crime reduction tool therefore; if expanded stop/search powers lead to racial bias in their implementation then this cost to society could outweigh any potential benefit from crime reduction. . This point is tied into both the criminological and human right problems that surround the police and which are typified by stop and search . The Human Rights perspective views police authority as inherently problematic because of their standpoint between exercising their powers to protect people and securing peoples human rights . In such cases Police authority can become the master and less the servant. It can snuff out more freedom than it protectsIt is important to remember that abuses can flourish not only because of official negligence or acquiescence but because rightly or wrongly broad sections of the people identify with such practices and consider that in spite of their excesses the police are carrying out a necessary and unpleasant task . The same point was made euphemistically by one of the respondents to the Questionnaires: you have to break some eggs to make an omelette. Thus police authority may well infringe against individual human rights but there is a question of how to balance these with the needs of society at large. We can clearly see that racial discrimination against individuals on the basis of their race would be breach of both domestic law and human rights. We saw this above that OHara and the Polices own internal rules made clear race was not aground for reasonable suspicion. However, it is unlikely to ever be as blatant as that and very difficult to prove that race was the only motivating factor, especially given the difficulty of monitoring decisions not to stop. In R. (on the application of Gillian) v. Commissioner of Police of the Metropolis there was a human rights challenge to the use of police stop and search powers under the Terrorism Act. The courts there were unambiguous in their decision and declared that a random power of search was not as a matter of principle an unacceptable intrusion that was neither necessary nor proportionate into the human rights of those who were searched in the absence of some identified threatany disadvantage imposed on even a large number of individuals did not match the advantage from the possibility of a terrorist attack being foiled or deterred . Thus this seems to categorically cut-off any avenue for challenging police stop and search powers under any kind of Human Rights action the proportionality defence of public protection will always win-out. Therefore the courts have made clear that modern stop and search post-London bombings is not in breach of Human Rights. The Criminological concerns enter over the various theories about the role of the police. There has always been concern over the role of police in a modern democracy which was explained by the seminal writer Herman Goldstein in the following terms: The policeare an anomaly in a free society. They are invested with great deal of authority under a system of government in which authority is reluctantly granted and, when granted, sharply curtailed In particular nice-neat concerns over the rule of law and its fundamentality to democracy cause problems. In effect what the widespread controversy over stop and search represents is a microcosm of a wider problem that is known as the democracy-police conflict . Good example of the courts inconsistency over the way to balance this conflict can be seen between Gillian, above, and the recent case of A secretary of State for the Home Department . In the former case police powers to search were upheld and in the latter police powers to detain terrorist suspects were overruled. The former showed a tendency towards a utilitarian balance or a swing towards the police side of the conflict whereas A was argued to represent a powerful statement by the highest court in the land of what it means to live in a society where the executive is subject tithe rule of 1aw. . The question from a criminological view is how this impacts on the way we perceive the role of the police, or put another way; should the police be reformed in some manner? and if so how? There are very large debates over the role of police in a modern society which this work cannot hope to cover in depth but it is worth realising what the various roles are and how that impacts on this whole debate . Effectively what the foregoing study has highlighted is that police officers seem not to be doing what the law books [say] they should do, that is, literally enforcing the law . There has been a large debate that once that realisation is made we have to make a choice about the type of police system we want between the legalistic and political approach . The legalistic approach most conforms to our notions of formal system of justice, as discussed above in the Introduction, and argues that police should have very little discretion and should consistently apply laws, policies and procedures to everybody. The political approach vests a lot of discretion in the police officer to enforce the rules. The reason that the latter is supported is that commentators argue that strict enforcement of the rules does not take into account the uniqueness of the problems and needs of individuals and neighbourhood groups in the community . They argue that a reliance on the professionalism of the police to apply context-specific problems is preferable. The mid-way is seen as community policing which has numerous facets but is encompassed by the concept of a decentralized civilian force with a membership that broadly represents the population being policed and is based upon the axiom that the police officer is merely a citizen in uniform . Another point to be made is that there is a debate over whether the police ought to be pro-active ore-active. In particular there is a perceived problem with crime prevention powers such as stop and search that it makes the police too intrusive into peoples lives and impinging on their freedoms. In the field of criminological study the identification of discretion as a problem has also been accompanied by a recognition that the polices role is not limited to law enforcement but rather in many situations they may use coercion or their powers to achieve other goals such as peacekeeping in the community. It was all these concerns that have culminated in much writing, classically by the scholar JeromeSkolnick, into concerns about the accountability and occupational morale of the police force . The problem with changing the system was aptly identified by Skolnick: When prominent members of the community become far more aroused overran apparent rise in criminality than over the fact that Negroes are frequently subject to unwarranted police interrogation, detention, and invasions of privacy, the police will continue to engage in such practices. Without widespread support for the rule of law, it is hardly to be expected thatthe police will themselves develop a professional orientation as legal actors, rather than efficient administrators The bottom line is that as social views both expressed by policemen and my survey of various members of the public exhibit there is a definite swathe of people who are more worried about terrorism than the rights of Muslims to be free of persecution in stop and search statistics. Thus at the moment we cannot expect successful reforms, especially following Gillian, where in effect there was a legal endorsement of that approach. The issues of Human Rights, Criminology of the role of the police and the empirical evidence on stop and search are very much interlinked. Wean clearly see that bringing in laws and enhancing accountability of police officers would have a knock-on effect on the level of discrimination however what is not clear is whether that would be the correct thing to do. Primarily it conflicts with the considerable advantages of a discretionary approach to policing but also there is clearly a problem over whether society would support such tightening measures when the outcome would be increased vulnerability of society as a whole. This has led to commentators remarking there is no greater test of our commitment to freedom, democracy, and the rule of law than the challenge of policing in the post-9/11 era . What is clear is that as the stop and search powers are used at the moment they increase disaffection and anti-social behaviour in ethnic minorities because of their targeting. We will consider a possible solution in the conclusion. Conclusion The first conclusion has been clear throughout this work: there is an attitude of institutional racism in the police. This has been compounded by the growth in recent years by a general Islam phobia and the inevitable use by police of ethnic characteristics as proxies for other characteristics; in particular terrorism. This was seen in number of studies on racism in the police not to mention media coverage and public statements by leading policemen such as that terrorism is a threat somehow peculiar to the Muslim world. We can all agree that such empirical outcomes are egregious breaches of the human rights of individuals involved in targeting. Unfortunately the discretion given to police officers coupled with the sensitivity of stop and search to public information which may be biased or reflect deeper prejudices means that relying on them as a tool is extremely difficult. We also saw how in many ways the more legalistic view of policing has significant drawbacks which can reduce the effectiveness of police in society. In this writers opinion the problem of stop and search is but one example of the search for justice within a criminal justice system which by virtue of being run by humans and governed by contextual rules produces inequality . Thus in relation to sentencing it was stated that The issue of disparity is not a technical problem in search of ad-hoc solutions. It challenges the ability of the courts to produce something that is and can be perceived as justice . There is an increasing recognition that in many ways even the most strictly drafted rules are capable of interpretation because of their open-context . Thus we need to focus on a solution to the problem that looks at how we can manipulate organizational pressures such as administrative targets and peer pressure to affect the type of justice that we want: namely equality. This will not be an easy task but can be achieved through education, training, schemes such as independent recruiting with psychometric and personality testing involved or for example independent monitoring of police attitudes. These sorts of solutions are far more likely to achieve real justice but more detailed considerations cannot be made here. It is as Justice Brandeis said, quoted at the beginning of this work, that well-meaning people can often destroy freedom and whilst even if we accept police discrimination as benign in its motivation we must be on our guard to protect democracy and freedom. Bibliography Books Barnett, Hillarie Constitutional Administrative law 2000 / Cavendish / 3rd end Working, Ronald Laws Empire 1986 / London: Fontana Hart, HLA The Concept of Law Clarendon P / 1961 Hawkins, Keith The Uses of Discretion 1992 / Clarendon Press Ruberg, Roy, Novak, Kenneth Corner, Gary Police Society 2005 / Roxbury Publishing / 3rd ed. Journal Articles etc Anderson, John Human Rights and the Police 1985 8 Policing: An International Journal of Police Strategies Management 67 Blair QC, Cherie The Role of the Judge in a Human Rights World 19thSultan Alan Shah law lecture delivered in Malaysia available online athttps://www.malaysianbar.org.my/content/view/1672/27/#f39 . Borough, V Does it Matter that there is a Racial Bias to Police Stops and Searches? April 2004 available at www.borooah.com . Bowling, Benjamin, Phillips, Coretta, Campbell, Alexandra and Docking, Maria Policing and Human Rights: Eliminating Discrimination, Xenophobia, Intolerance and the Abuse of Power from Police Work May2004 Identities, Conflict and Cohesion Programme Paper Number 4 Research Institute for Social Development Bridges, Lee The Lawrence Inquiry Incompetence, Corruption, and Institutional Racism 1999 26 3 Journal of Law and Society 298 European Union Monitoring Centre for Racism and Xenophobia in F.A.I.RThe Religious Offences Bill 2002 A Response October 2002. Farouche, Juana Allahs Recruits 28th August 2006 Time Magazine Fitzgerald, Marian Sabot, Rae Ethnic Monitoring in Police Forces: A beginning 1997 Home Office Research Study 173 Hare, Ivan Crosses, Crescents and Sacred Cows: Criminalising Incitement to Religious Hatred 2006 Public Law 521 Home Office Statistics on Race and the Criminal Justice System 2005 2006 / Crown Copyright Home Office Strength in Diversity: Towards a Community Cohesion and Race Equality Strategy 2005 available online athttps://www.homeoffice.gov.uk/documents/cons-strength-in-diverse-170904/. Jerald, R Arrest: The mind of the officer, Basis of reasonable grounds for suspicion a re-affirmation of the principle available online at https://www.rjerrard.co.uk/law/cases/oharra.htm . Lustgarten, Laurence The Future of Stop and Search 2002 Criminal Law Review 603 Myers, Andrew A Crime to tell the truth 2005 New Law Journal 957 Norris, Clive, Nigel Fielding, Charles Kemp, and Jane Fielding Black and Blue: An Analysis of the Influence of Race on Being Stopped by the Police Volume 43 2 1992 British Journal of Sociology 207 Qurush, Fazio Farrell Stop And Search In 2004: A Survey Of Police Officer Views And Experiences 2005 available onlinehttps://magpie.lboro.ac.uk/dspace/bitstream/2134/779/1/06_inpress_IJPSM_StopSearch.pdf. Rumbaed, Ruben Bittner, Ego Changing Conceptions of the Police Role: A Sociological Review 1979 1 Crime and Justice 239 Stone, Vanessa Pettigrew, Nick The views of the public on stops and searches 2000 / Home Office: Police Research Series paper 129 Tata, Cyrus Conceptions and Representations of the Sentencing Decision Process 1997 24 3 Journal of Legal Studies 395 Tata, C Hutton, N What Rules in Sentencing? Consistency And Disparity in the absence of Rules 1998 International Journal of the Sociology of Law 369 Vance, Susannah The Permissibility of Incitement to Religious Hatred Offenses under European Convention Principles 2004 2005Transnational Law Contemporary Problems 201 Vertovec, Steven Islam phobia and Muslim Recognition in Britain 2002 Muslims in the West: From Sojourners to Citizens Waddington, P, Stenson, K Don, D In Proportion Race, and Police Stop and Search 2004 British Journal of Criminology 1 Wallace, Sarah Stop! 2003 New Law Journal 813 Walker, CP Stop and Search 2005 Criminal Law Review 414

Sunday, May 17, 2020

Codes and Notes on Public International Law - 10497 Words

CODES AND NOTES ON PUBLIC INTERNATIONAL LAW by PORFERIO JR. and MELFA SALIDAGA NOTES ON PUBLIC INTERNATIONAL LAW CHAPTER 1 GENERAL PRINCIPLES Nature and Scope Public International Law – It is the body of rules and principles that are recognized as legally binding and which govern the relations of states and other entities invested with international legal personality. Formerly known as â€Å"law of nations† coined by Jeremy Bentham in 1789. Three Major Parts of Public International Law 1. Laws of Peace – normal relations between states in the absence of war. 2. Laws of War – relations between hostile or belligerent states during wartime. 3. Laws of Neutrality – relations between a non-participant state and a participant state during wartime.†¦show more content†¦Art. X, Sec. 2(2) provides that â€Å"all cases involving the constitutionality of any treaty, executive agreement or law shall be heard and decided by the Supreme Court en banc, and no treaty, executive agreement or law may be declared unconstitutional without the concurence of ten justices.† The Constitution authorizes the nullification of a treaty not only when it conflicts with the Constitution but also when it runs counter to an act of Congress. (Gonzales v. Hechanova). CODES AND NOTES ON PUBLIC INTERNATIONAL LAW by PORFERIO JR. and MELFA SALIDAGA Basis of Public International Law Three theories on this matter: 1. The Naturalist – under this theory, there is a natural and universal principle of right and wrong, independent of any mutual intercource or compact, which is supposed to be discovered and recognized by every individual through the use of his reason and his conscience. 2. The Positivist – under this theory, the binding force of international law is derived from the agreement of sovereign states to be bound by it. It is not a law of subordination but of coordination. 3. The Eclectics or Groatians – this theory offers both the law of nature and the consent of states as the basis of international law. It contends that the system of international law is based on the â€Å"dictate of rightShow MoreRelatedUnethical Business Practices Of Multinational Companies1512 Words   |  7 PagesAbstract This paper discusses the unethical business practices of multinational companies, which have become a concern on a national and international level. While the convergence of accounting standards remains a challenge, so has a set of ethical standards. The need for a global set of standards has become paramount over the last decade. Through my extensive review and research of literature, there appears to be an ongoing need for convergence. The study concludes that through cooperative effortsRead MoreCorporate Business Behavior in Germany1252 Words   |  6 Pagesbusiness and international trade. While Germany had, in the past, been recognized as a model for personal and business ethics, it was a little more than fifteen years ago that their clean image began to show signs of wear. It is hard to know for sure, though, if it is a case of new issues with ethics, or if globalization is simply shedding a new light on an age old problem. It seems feasible, to me, that businesses have been dealing with their own issues without allowing the public to have knowledgeRead MoreBackground And Legislative Framework : Australia1453 Words   |  6 PagesAustralia is a member of the Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery and a party to the key international conventions concerned with combating foreign bribery. 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Wednesday, May 6, 2020

Bad Media - 2732 Words

For centuries ago, violence has been an entertainment success, drawing the greatest capacity of crowds gathering from afar, to see men and women of great strength and skill compete in violence. From the prisoners of war and crime in ancient Rome, collaborated in armor and dwelled with blood-thirsty weapons thrown into the great Coliseum to fight for their lives. As thousands of jubilant peasants and civil men watched, and screamed like barbarians as these beings thrashed and slashed for their own well-being, to live to see their family and friends and to live just one more day. Even now today, our most enjoyable and seen entertainment is of the violent nature. People have begun to watch football and wrestling religiously. As in comparison,†¦show more content†¦Television began putting out famous western movies, along with different war movies depicting World War 1. Kids wanted to be just like the star on the T.V.; whether it is their favorite GI, or John Wayne gunning down b ad guys. Yet the start of the classics, were nearly a smash hit compared to the gory glorified movies of the 2000’s. During recent times we have sported some of the most vulgar, violent images to reach the scream of the Television. Some of the goriest movies: Saw, Texas Chainsaw Massacre, Saving Private Ryan. It’s not just that we have been the decade that has made and produced some of the ghastly movies; our rating system has been a falter to our system. Kids have been renting and viewing most of these movies. The â€Å"Saw† movies were all a hit while I was in middle school, which bundled all 5th graders through 8th. Being the eldest through those grade levels, 15 at the maximum, and yet most of them had seen it. Then, the internet along with the computer where inserted into the equation. Accessibility to the internet and its perks were easily come into. Once websites had begun to be made for the specific reason of allowing pornography to be viewed for free on the web, it became even deadlier. The adult material (XXX) is beyond reasonable doubt to be unsuitable for any under aged children, yet even for adults. Such material proves to be aShow MoreRelatedThe Good, The Bad, And Social Media1534 Words   |  7 PagesGood, The Bad, and Social What Is Social Media in modern society of today? Social Media are networks of websites, news websites, blogs, and forums of information being acrossed the digital web often reaching the attention of the public, on a global scale. Social Media has become the beating heart of the modern era, pumping digital information to the rest of the world, and allowing society to access information from almost anywhere, but is this a good thing? 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I think that many people don’t see this as an issue. Possibly because we have integrated violence as a part of society. But I feelRead MoreThe Bad Guy, or Not? Social Media Influence on Self-Perception981 Words   |  4 Pagesnot have an over-weight looking body. The right thing to do would be blaming media for giving young girls the idea of a perfect body and also, proving them with the illusion that a body is what they need to have a good, happy, and full-filling life. But, is it really all media’s fault? In today’s world, people are misreading what media is really about, and they have started to blame it for the bad that is in the world. A bad that is changing people’s eating habits because of body dissatisfaction, otherRead MoreThe Effects Of Social Media On Corporate Bad News And A Ceo s Apology4956 Words   |  20 PagesSocial media has become prominently popular. Tens of millions of users login to social media sites like Twitter to disseminate breaking news and share their opinions and thoughts. For businesses, social media is potentially useful for monitoring the public perception and the social reputation of companies and products. Despite great potential, how bad news about a company influences the public sentiments in social media has not been studied in depth. The aim of this study is to assess people’s sentimentsRead MoreArgumentative Essay Buy Nothing Day702 Words   |  3 Pagesthan for the money they would ultimately lose. It would show businesses that we care and push them into changing. An event as big as this, where a whole country stops purchasing goods would also receive global media coverage. Just the pure fact that Buy Nothing Day would receive media coverage would be a victory in itself, since the consequences of overconsumption would be seen on TVs around the world. 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By using television , video games , and computers. It also shows they most children cant keep up with fast moving and the nature of today’s technology. Which have diagnose some with depression and anxiety at a young age. Another thing its bad for is your brain. It leads you to cancer. In today world we use technology for a lot

Should Abortion Be Legal - 1076 Words

Introduction It is known that one out of every three teen girls get pregnant at least once before the age of 20 (Family Planning Plus). Believe it or not the United States has one of the highest birthrates. As of 2011 people predicted the birth rate was 131.4 million births per year. It was also estimated in 2011 that four births happened each second of every day (Ecology). In 1973 the topic of abortion went before the Supreme Court of the United States. The supreme court decided that abortion would be legal but may be restricted by the states to varying degrees. Abortions have been going on since the beginning of time. Getting an abortion is not something one can decide on overnight. It is a personal and life affecting decision that will†¦show more content†¦I am for the exceptions. You have the three exceptions. I’m for the exceptions. The health of the mother and life of the mother.† The Democratic Party strongly supports Roe. v. Wade’s opinion of a woman’s right to make a decision regarding her pregnancy. Abortion is a woman’s personal decision along with her family, her doctor, and her clergy. There is no reason for the government to get involved when the decision does not concern them. The Democratic Party stands strongly for a woman’s right to choose, regardless of her ability to pay. Rape victims 3 While walking into work one morning a doctor gets stopped by a woman in a black beret. She stopped her to say, â€Å"This is a clinic where they kill babies!† then also proceeded to say, â€Å"Are you pregnant? Do you need help?† The doctor laughed as she was just simply going into work. As a doctor you have to think about the patients and what they are going through. It’s hard sometimes but if it’s better for them in the long run it’s just something you have to do. A study of 44 cases of rape-related pregnancy estimated that in the United States, the pregnancy rate is 5.0% per rape among victims of reproductive age (12 to 45). Women want the choice According to the 2013-14 annual report, Planned Parenthood’s affiliated clinics provided 10.6 million services for 2.7 million clients in 2013. Those numbers are crazy! Out of 10.6 million services, 327,653 of them were abortion procedures. Supposably three percent of allShow MoreRelatedAbortion Should Not Be Legal1647 Words   |  7 PagesOne of the most highly debated topics is abortion and whether or not it should be legal. People who oppose abortion, meaning they are pro-life claim that abortion should be completely illegal with no aspects of it whatsoever; it can be a murder for the people standing against it. The other side of the argument, meaning people who are pro-choice, defend it by believing it to be a right been given to the women. They also claim even if abortion was to be illegal, it would still be practiced. EveryRead MoreAbortion Should Not Be Legal920 Words   |  4 Pagesworld has struggled with for ages and one thing that people are advocating around the world for is abortion. Abortion is either a procedure or pill that stops a fetus s heart. Abortion should not be legal because life beings at creation, abortions are a direct violation of the 14th amendment, and thousands of people would love to adopt a child: handicapped or otherwise. Abortion should not be legal because life begins at creation. What is creation? Some people say conception, but it actually isRead MoreShould Abortion Be Legal?1320 Words   |  6 PagesAbortion, as you all may know, is a really popular topic. There have long been many debates between the two groups, pro-life and pro-choice. People who are pro-life believe that part of the government’s job is to protect all forms of human life. Those who are pro-choice believe that every individual should have control over their own reproductive systems. Pro-life supporters strongly believe that even an undeveloped fetus has life; it is still growing and it needs to be protected. And this soundsRead MoreShould Abortion Be Legal?1217 Words   |  5 PagesNovember 2015 Should Abortion be Legal Among all the issues that have been fought for or against in the United States, abortion may be one of the most popular issues that Americans are passionate about. Abortion is defined as the removal of the embryo or fetus from the uterus in order to end a pregnancy. Thousands of abortions take place every single day, and yet public opinion remains at a standstill as to whether or not abortion is ethical. Everyone holds different opinions on abortion. The proponentsRead MoreAbortion Should Not Be Legal Essay1596 Words   |  7 Pages Abortions have been performed on women for thousands of years. Abortion is the deliberate termination of a human pregnancy. Most often it is performed during the first 20 weeks of being pregnant. The controversy over whether or not abortion should be legal continues to divide Americans till this day. An important landmark case was the Roe v. Wade case, where the Court argued that the zone of privacy was broad enough to encompass a woman s decision whether or not to terminateRead MoreShould Abortion Be Legal? Essay1089 Words   |  5 PagesWhen the word abortion is heard, it is always associated with many negative things such as murder and inhumanity. However not legalizing abortion creates a huge problem for women around the world. Having a child takes consideration, planning and preparation and if pregnancy happens without any of this, why bother to have it at all? The reasons why abortion should be legal is that it supports the fundamental human rights for women by giving them a choice, it reduces crime by reducing the number ofRead MoreShould Abortion Be Legal?1135 Words   |  5 PagesKelsi Hodgkin Composition 1 Professor Chipps 19 October 2015 Should Abortion Be Legal A common debate in the world today involves abortion, the deliberate end of human pregnancy, and whether or not it should be legalized. â€Å"Every year in the world there are an estimated 40-50 million abortions. This corresponds to approximately 125,000 abortions per day† (â€Å"Abortions Worldwide this Year†). On one side of the argument, people are not disturbed by this grotesque number, and on theRead MoreShould Abortion Be Legal?963 Words   |  4 PagesLegal or Illegal? Which would you prefer? Not many are willing to discuss such a gut wrenching topic, but this needs to be addressed. It is a very controversial topic with having to do with women rights and activists. Since there are two sides to every argument, there is one side such as to make abortion legal and the opposing side to keep abortions illegal. In my opinion making abortion illegal can regulate the amount of women who do get pregnant. I believe that making abortions legal will let womenRead MoreShould Abortion Be Legal?867 Words   |  4 PagesABORTION Abortion is a deliberate termination of a human pregnancy, most often performed the first 20 weeks of pregnancy. There are series of legal, moral and ethical issues which may arise about abortion. Most arguments about abortion are often focused on political insinuations and the legal aspect of such actions. Some frequently asked questions’ regarding the issue is if the practice should be outlawed and regarded as murder or should women have the right to practice it. For example, prior toRead MoreShould Abortions Be Legal?939 Words   |  4 PagesShould abortions be legal? Abortions have been a big issue since the Roe v Wade case. There have been a lot of disagreements between the Pro-life supporters and the pro-choice supporters. Pro-life supporters feel like abortions deter murder, while pro-choice supporters believe that the women should be able to make their own decisions. I am a part of the pro-life supporters because I feel like abortions are wrong for several of reasons. Why should women get an abortion if there are other choices for

Bullwhip Effect in Supply Chain Free Essays

Supply Chain Class Module 2, Lesson 3 Question #1 Develop a small group consensus on the impact (increases, decreases, no effect) of the Bullwhip Effect on two of the following six supply chain performance measures: manufacturing cost, inventory cost, replenishment lead time, transportation cost, shipping and receiving cost, level of product availability profitability. One of the two measures that your team chooses must be inventory cost. For inventory costs, be certain to be specific about the kinds of inventory costs impacted (in-storage cycle stock carrying costs, ordering costs, stockout costs, or safety stock carrying costs). We will write a custom essay sample on Bullwhip Effect in Supply Chain or any similar topic only for you Order Now Clearly explain your group’s reasoning or rationale for the impact you have agreed to; that is carefully explain why the bullwhip effect either increases, decreases of has no effect on the given performance measure. In each of your explanations, drill down into the factors that drive each measure, explaining how those factors are affected by the Bullwhip effect. MANUFACTURING COSTS It is the consensus of Team 10 that the bullwhip effect increases costs associated with the manufacturing of products. We know that the bullwhip effect results in an amplification of the variation of product and material demand as one travels upstream in the supply chain from consumer to material suppliers. In most cases the manufacturer of products will be removed from the actual consumer by multiple layers in the supply chain. The variation in demand (variation in orders) that the manufacturer will experience will be significantly greater than the variation in demand from the actual consumers. There are several costs incurred in the manufacturing of products. Among these costs are direct material costs, direct labor costs and overhead costs. The increased variability in quantity of products demanded from the manufacturer has an impact on each of these items. For most manufactured products, the cost of materials is a significant portion of the cost of the end item. As the demand for products varies from the manufacturer, these swings in demand are amplified and passed on to the material suppliers and various other sub-suppliers. During periods of high demand, the manufacturer is more likely to be forced to pay the material suppliers and sub-suppliers additional fees to expedite shipments. During periods of low demand, the manufacturer is more likely to find itself with a huge stock of unused material on hand. These variations also make it more difficult to negotiate competitive prices with the suppliers, further adding to the cost of the bullwhip effect. In an effort to protect against some of this variation, manufacturers will often stockpile materials, adding further warehousing and capital costs. Labor costs are another key component of the total cost of most products, including products which may be manufactured offshore in low-wage countries. In periods of extremely high demand, manufacturers are faced with an option of either hiring more employees or working their existing employee’s longer hours and paying overtime. Most companies are extremely reluctant to hire additional workers, particularly if they have reason to believe that the spike in demand will only be temporary. As a result, companies will typically choose to work longer hours and pay overtime wages to their employees. Paying overtime is costly, not only from a wage standpoint but also from an effectiveness standpoint. Employees are not robots, and diminishing marginal return should be expected when working employees longer hours. As hours go up, productivity typically declines at a rate that increases as the severity of the work schedule increases. The result is an increasing cost per unit of the products produced. Likewise, when product demand is extremely low, employees are not able to be utilized as effectively and labor cost per unit also increases. Further, there are the overhead costs which are affected by the variation in demand amplified by the bullwhip effect. When manufacturers create facilities and purchase processing equipment, they often â€Å"size† their operations based upon what they believe will be the highest levels of demand for their products. When demand for products varies greatly, the frequent result is that the processes, equipment and facilities are excessively large (and costly) compared to what the â€Å"legitimate† demand might actually require. This results not only in excessive costs to set up these operations, but it also can create a scenario where it becomes difficult to operate these facilities efficiently when the production requirements are lower. Another element for consideration is the â€Å"cost of quality. † Manufacturing operations thrive on consistency. When manufacturers have to contend with wildly-varying production schedules, there is an increase in the â€Å"state of flux† in the operations. This can take the form of delayed maintenance on machines, fatigued workers, using alternate suppliers for materials, etc. All of these elements that are exacerbated by large swings in production schedule can contribute to higher scrap rates, manufacturing errors, equipment downtime and, potentially, product defects that reach the consumer. INVENTORY COSTS Demand variability amplification can have a significant impact on increasing inventory costs. Business Dictionary. com defines inventory costs as the cost of holding goods in stock. Expressed usually as a percentage of the inventory value, it includes capital, warehousing, depreciation, insurance, taxation, obsolescence, and shrinkage costs. Typically, the inventory costs increase due to excessive or obsolete inventory as a result of poor demand forecasting. This situation is clearly defined in an article about Cisco’s need to write-off $2. billion in inventory in 2001. However, one must dive deeper into specific inventory performance measures to better understand the effects of the bullwhip effect on inventory costs. Safety Stock Safety stock can be defined as inventory held as buffer against mismatch between forecasted and actual consumption or demand, between expected and actual delivery time, and unforeseen emergencies. From a positive standpoint, safety st ock can help to potentially reduce stock out situations however is also contributes to the bullwhip effect. Specifically with demand forecast updating using exponential smoothing, ordering of safety stock will create larger swings for suppliers and even move for orders placed to the manufacturer (Lee, p 95). Furthermore, poorly ordered safety stock that becomes excess or obsolete can lead to increased expense or in a worst-case scenario, written-off or scrapped completely. Stockout Cost Stockout cost, also called shortage cost, is defined as the economic consequences of not being able to meet an internal or external demand from the current inventory. Such costs consist of internal costs (delays, labor time wastage, lost production, etc. and external costs (loss of profit from lost sales, and loss of future profit due to loss of goodwill). One cause of stockout cost can be attributed to poorly updated demand forecast where the appropriate amount of inventory was not planned for the current demand. This is in contrast to the safety stock example which leads to an increase in inventory and ex cess or obsolete material. Another cause is rationing and shortage gaming where the demand for the product exceeded the supply (Lee, p97). The stockout cost is the expense of the lost sales or the potential of losing the customer loyalty completely to a fierce competitor. Module 2, Lesson 3 Question #2 At the end of the article â€Å"Bullwhip Effect in Supply Chains† by Lee, et. al. , is Table 1. In this table Lee presents a number of initiatives, such as vendor-managed inventory, for counteracting the four causes of the Bullwhip Effect. Select one or more of the initiatives and develop a small group consensus on a list of the top five impediments to the initiatives that you have selected; five impediments in total, not five impediments for each initiative that you select. Select two impediments and for each impediment please explicitly explain why the impediment is difficult to overcome. Finally in your group’s opinion, which of your impediments is typically the most difficult to overcome? Please explain why. BULLWHIP EFFECT COUNTERMEASURES; EDI, VMI, ECHELON-BASED INVENTORY SYSTEMS There is a range of initiatives to mitigate the effects of the â€Å"bullwhip effect,† or amplified distortions in replenishing orders. Through EDI and vendor –managed inventory (VMI), distortions may be reduced through transparent sharing of real time demand information through the entire supply chain. Demand distortion begins with faulty assumptions underlying future demand projections. One counter-measure for this challenge is real time exchange of information and increased transparency at point of sale. Many retailers use data generated at point of sale to automatically adjust their inventories and trigger reorder as inventories are depleted. Simultaneous transmission of this data to the supplier would facilitate a clearer view of consumption and retail inventory. Point of sale EDI shared across the supply chain from the manufacturer to retail outlet, would smooth the orders and prevent demand distortion that occurs with regression driven forecasts. Increased control of the total inventory can be achieved with echelon inventory management, through cooperative information sharing and a jointly agreed upon single point of inventory control. One model for this is vendor-managed inventory (VMI) which is a continuous replenishment of inventory based upon a push from the supply to the retail outlet based on EDI signals at point of sale and inventory depletion. ECHELON-BASED INVENTORY SYSTEMS Echelon-based inventory systems allow transparency of the inventory flow of the down-stream levels in the supply chain by the upstream levels. This acts to reduce the bullwhip effect by preventing exaggeration of demand fluctuations by multiple levels in the chain. This is a useful policy, but it can be difficult to implement. First, one must consider the integrity of the source of the information. If an upstream member of the chain intends to rely on reports generated by the downstream member, trust must be a mutual component of the relationship. The downstream company may feel that it doesn’t want to share the information about their own inventory and/or demand, especially if it engages (or has any intention of engaging) in a practice of shortage gaming. Some elements of the shared data can be filtered, if this is found to be helpful to the downstream member. If the downstream member engages in price hedging or shortage gaming, the increased transparency to the upstream member would inhibit or completely prevent the downstream company from harnessing the perceived buffer that the practice enables. Some elements of the shared data can be filtered, if mutually agreeable to all members of the supply chain. Through non-disclosure agreements and data parsing, streams of proprietary data can be â€Å"cleansed† to be less sensitive. Connectivity of various operating systems is another hurdle. Many suppliers and retailers will not allow â€Å"direct feed† of data into their core operating systems, requiring a data merge in a safe environment that then can share data between the operating systems of the companies exchanging data. The work of scrubbing data and developing the necessary connectivity also requires IT resources. One must also consider the utility of information that is constantly changing. The value of inventory data to the upstream member could be limited as it changes continuously and obsolesces almost as soon as it’s generated. The upstream member must always be willing to loosely interpret the inventory and demand data since an unusually large order, or an unusual decline in orders, could occur at any time. Also, downstream members’ transparency leads the upstream member to increase the frequency with which they update their demand forecasting. Frequently updating these forecasts is itself a bullwhip effect-exacerbating practice, so the upstream member would need to exercise discretion in its policies on how it reacts to the information that it receives from downstream. Implementation of these initiatives requires addressing and overcoming certain impediments:   Trust between supply chain partners or perceived competitive risk Data integrity challenges with changing/obsolete data Reduced downstream gaming ability (shortage and price hedge forward buying) Information technology resources to facilitate connectivity Increased frequency of upstream re-forecast due to downstream transparency The two most difficult impediments are the first two; trust amongst supply chain partners, and the challenges of sharing meaningful data. Trust – Perceived Competitive Risk The challenge with establishing trust amongst supply chain partners is one of competitive risk. The real time data on point of sale, inventories held, or pricing activities engaged are all considered proprietary. The sharing of that data requires trust through the entire supply chain, and a willingness to incur significant legal, technological, and analytical resources to develop and deliver data that is accurate and meaningful. Lack of transparency and trust on the part of down stream members is the primary driver of the shortage and price gaming, to build inventories and prevent stock-outs or hedge for future price increases. In order to share transparent information through the supply chain, legal and technological hurdles must be addressed to reduce competitive risk, and allow necessary trust through protective agreements (NDA) and safe systems connectivity. Through non-disclosure agreements and data parsing streams of proprietary data can be â€Å"cleansed† to be less sensitive and reduced competitive risk. ) Data Integrity – Changing and Obsolete Information The real time exchange of information supports accurate forecasts and timely order replenishment only if that data is meaningful. Data is meaningful if it clearly conveys the supply/demand picture. Upstream suppliers must be able to see the sale/demand data and existing inventory data in real time in order to push order replenishment. If downstream members obscure the inventories to retain shortage gaming power, this will impact the accuracy of the inventory replenishment trigger to the upstream supplier. Connected systems are susceptible to cross-system failures. Errant data in one system pollutes the forecast assumptions of the connected systems. Cadence of exchange, or timing of the data flows is a factor in relevance. If sales or order cancellations have changed inventories significantly since the last update, the information exchanged can be obsolete. The â€Å"bullwhip effect† is culmination of iterative forecast variations, and self-protecting defensive actions on the part of supply chain members to hedge uncertainty. With increased trust and transparency, the forecast variations and uncertainty can be reduced. With collaboration through the entire supply chain, trust can be built, real time, meaningful data exchanged, and the cost of surplus inventories taken out of the chain. ——————————————– [ 1 ]. Comments on Information Distortion in a Supply Chain: The Bullwhip Effect† by Lee, H. L. Padmanabhan, V. and Whang, S. , p 1888 [ 2 ]. http://www. businessdictionary. com/definition/safety-stock. html#ixzz286djGuPB). [ 3 ]. http://www. businessdictionary. com/definition/stockout-costs. html#ixzz286iDNySD How to cite Bullwhip Effect in Supply Chain, Essay examples

Growth of Hotel Business in Australia

Question: Discuss about theGrowth of Hotel Business in Australia. Answer: Introduction The hotel industry in Australia is growing in such a fast pace that the major players in this industry is looking to expand their businesses to take the opportunity of this growth. One of the major reasons of this growth in the hotel industry is the increasing number of tourists from Asia along with the increasing number of business meetings and conferences (Assaf, Josiassen and Agbola 2015). As per a recent research of CRBE, it can be observed that the growth in the hotel sector of Australia will remain same in spite of a recent strengthening in the Australian dollar. Looking at this impressive pace of growth, many international hotel groups are planning to make an entry in the hotel market of Australia (Breakey, Robinson and Brenner 2014). As per a later report, it has been said that the average occupancy level of hotels in Sydney is about to reach 88.8 percent by the end of the year 2020. It is evident that the revenue of the hotel industry in Australia increased by almost 60 perc ent between the yeas of 2009 to 2013; and looking at the current trend, it can be said that this growing revenue trend will remain same up to the year 2020 (Liu et al. 2014). Problem Statement: The problem statement in this research work is to analyze the growth of hotel business in Australia over the years and the factors that affects the growth. Research Aim and Objective: The main aim of the research work is to determine the growth of the hotel business in Australia and the factors behind such growth. The objective of the research is to analyze the growth of hotel business in Australia. Literature Review: Australia is a large country surrounded by water bodies on all its sides. The country is a tourist spot and is visited by people all over the world. The growth of tourism industry is one of the main causes of growth of hotel business in Australia (Li et al. 2015). The tourism has shown a rapid growth due to international tourist arrival from the countries of Asia Pacific. The arrival of international tourists from countries such as China has led to the growth of the hotel and resort industry in Australia over the last five years (McManus 2013). The country also receives domestic customers from all over the country. The hotel business however has seen a weak growth during a five year period from 2011-12 (Sanliz zgen and Kozak 2015). The hotel and resort business however requires a huge amount of capital at the initiation. It has been calculated that for every 1 dollar required for the capital about $6.5 has to be spend for the wages of the workers in the hotel (Su, Hall and Ozanne 2013). There are a lot of laborers required in a hotel for management, front house operations and others. In the present years, the tourism industry has grown three times. The growth rate has shown an increasing trend over the years (Tan 2015). The hotels are developing all over the country due to increased number of travelers from the countries of India, China and other Asian countries. In the current year it is very profitable to get into this business. The arrival of tourist has increased over the last nine years. The hotel business in Sydney is going to occupy 88.8 % of the total population by the end of 2016. This is the highest growth rate over the years. There are 75 mooted projects over the ten major places in Australia. The hotels has almost 16 374 rooms in all total. The country lies among the top hotel development countries all over the world (Manoharan, Gross and Sardeshmukh 2014). There is also an organization that guides the growth of this hotel business in Australia. The AHA or Australian hotel Association guides some rules for the development of hotel business in Australia. There are about 5000 members under Australian Hotel Association. There are about 6807 hotels in Australia and there are more than 180000 people employed in that hotel industry. There are also many casinos and gaming machines in the hotels that attracts the customers (Zhou et al. 2014). The prices of food and beverages in the hotels are also reasonable. The prices are however high in the hotels that has gaming machines and casinos. Moreover majority of the hotels in Australia alls under small and medium sized business employing less than 30 people. The major source f income in these hotels is the food and beverages. A lot of revenue is also generated from gambling in these hotels. The hotels arrange activities and events for the tourists like trivia nights, sporting group meetings and oth ers. Most of the hotels are accompanied with gaming machines, pool tables, conference meeting facilities and others. It has been estimated that the hotels serve 1000 meals per week (Turner and Guilding 2014). However a current report says that the hotel business has shrunk by 10 [percent over the past few years. The employment in these hotels are however the same over the years. The income from the poker machines is also decreasing. The major causes for this have been cited as the decline is the removal of ATM and other facilities from the hotels (Ndivo and Manyara, 2016). Variables and Hypothesis: The main variables in this research work are the number of hotels in the country, number of employees in those hotels, salary of the employees, the revenue earned from the hotel and others. The main focus of the study is to determine the growth of hotel industry. The growth can be studied from the number of hotels in the country. The number of hotels in the country is taken as a dependent variable and the revenue earned from these hotels, the salary of the employees, number of employees in the hotel and others as the independent variables. The main hypothesis for the research work is given below: H0: The hotel industry in Australia has not shown any growth over the years. H1: The hotel industry in Australia has shown a major growth over the years. Operational Definitions and Measurements: The variables concerned in this research work are the revenue generated from the hotels which are measured in Australia dollars. The salary of the workers is also measured in Australian dollars. The other variables like the number of hotels, number of workers in the hotels are all numeric variables. These variables are measured in numbers. There are also some categorical variables like the opinion of the employees regarding their salary in this industry. Since the figures are for the whole country, a 5% error in the figures is tolerable. There are no constraints involved in doing the research work. Research Design and Methodology: The methodologies for the research and the data collection methods are being discussed in this section. The research methodology employed for doing this research work is both qualitative and quantitative research methodology. The research involves collection of both primary as well as secondary data. The secondary data about the number of hotels, average revenue generated from the hotels are collected from the official sites and other online sources. The data about the number of workers in the hotels, the average salary of the workers and the opinion of the workers regarding their job are collected with the help of questionnaire. The primary data has been collected for this part of the research. The primary data has been collected by the method of sampling. The probability sampling has been performed for this research work. The cluster sampling method has been employed for this research work. Each of the state of the country is taken as each cluster. Then from each of this cluster, a sample of 10 hotels has been chosen. The questionnaire is then distributed among the workers of the hotels. Analysis: The data so collected will be analyzed using various descriptive statistics tools like the mean, median, standard deviation, correlation and others. A comparison of the previous and the past year values will help to understand about the progress of the hotel business in Australia. A regression analysis will be done by taking the number of hotels as the dependent variable and the other variables like revenue earned, salary of workers as the independent variables. Research Process: The research process describes the methods by which the entire research has to be undertaken. The first step in the research is the identification of the research problem. The research problem has to be identified in the first week of the research. The next problem is to conduct an extensive literature review. This will be completed within the fourth week of the research. The data collection process starts after that. The questionnaire will be developed and the data will be collected after that. This will be completed within the tenth week of the research. The next step involves the analysis of the data. This will be completed within the twelfth week of the research. The final project will be completed within the 14th week of the research. Expected Outcomes: It is expected that research will have a positive outcome. The null hypothesis of the research will be rejected. This indicates that the hotel business will show a growth over the years. Conclusion: The research will be conducted to know about the growth of hotel business in Australia. The past records show that the hotel business has shown a rapid growth due the increased number of tourists from Asia Pacific region. The proposal gives an idea about the data collection methods and the analysis of such data. The expected outcome from this research is also given in this proposal. References: Assaf, A.G., Josiassen, A. and Agbola, F.W., 2015. Attracting international hotels: locational factors that matter most.Tourism Management,47, pp.329-340. Breakey, N.M., Robinson, R.N. and Brenner, M.L., 2014. Approaches in the Design and Delivery of Hotel/Hospitality Management Undergraduate Degree Programmes within Australia.The Routledge Handbook of Tourism and Hospitality Education, pp.305-320. Li, G., Law, R., Vu, H.Q., Rong, J. and Zhao, X.R., 2015. Identifying emerging hotel preferences using Emerging Pattern Mining technique.Tourism management,46, pp.311-321. Liu, W., Guillet, B.D., Xiao, Q. and Law, R., 2014. Globalization or localization of consumer preferences: The case of hotel room booking.Tourism Management,41, pp.148-157. Manoharan, A., Gross, M.J. and Sardeshmukh, S.R., 2014. Identity-conscious vs identity-blind: Hotel managers use of formal and informal diversity management practices.International Journal of Hospitality Management,41, pp.1-9. McManus, L., 2013. 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An investigation of Australian and New Zealand hotel ownership.Journal of Hospitality and Tourism Management,21, pp.76-89. Zhou, L., Ye, S., Pearce, P.L. and Wu, M.Y., 2014. Refreshing hotel satisfaction studies by reconfiguring customer review data.International Journal of Hospitality Management,38, pp.1-10.