Ethical and Socially Responsive Business Essay

Some of the key areas of Chipotle’s code of conduct that are of significant importance to the business is the integrity statement and the anti-discrimination, harassment and sexual harassment policy. In the Chipotle’s Ethics and Conflicts of Interest Policy of the Integrity Statement, integrity is about being real and being honest. It means doing the right thing even when no one is watching. That means that you should do the same thing when your manager or co-workers is around or if they aren’t around. No matter what, each of them must accept personal responsibility for doing the right thing. Whether that means when someone is around or not. It also states that they should not accept gifts from competitors, suppliers, vendors, potential vendors, or business entities with which they are conducting business on behalf of Chipotle. When accepting gifts: they should never accept a gift unless it meets all of the following criteria: (1) it is not a cash gift; (2) it is consistent with customary business practices; (3) it is not excessive in value (i.e., is under $150); (4) it cannot be construed as a bribe or payoff; and (5) it does not violate any law or regulation. If you are not sure whether a gift or proposed gift is appropriate, please discuss it with your Manager/Director, who may, in isolated cases, approve your acceptance of a gift that may otherwise have violated criteria (2) or (3). Each year, employees in management positions should be prepared to submit a statement disclosing any entertainment, gifts, or services that they or members of their staff have accepted. Any items that have been accepted must be reported at that time, regardless of whether they were previously discussed with your Manager/Director. Your Manager/ Director will determine if you may keep the gift, return it, or whether it should more appropriately become Company property. You should never offer, give, or provide a gift unless it meets the following criteria: (1) it is not a cash gift; (2) it is consistent with customary business practices; (3) it is not excessive in value (i.e., is under $150); (4) it cannot be constructed as a bribe or payoff; and (5) it does no t violate any  law or regulation. Just like when receiving gifts, if you are not sure whether a gift or proposed gift is appropriate, discuss it with your Manager/Director, who may, in isolated cases, approve your giving of a gift that may otherwise have violated criteria (2) or (3). I think that this is important when receiving or giving gifts because you don’t want to lose your job over something so small. It is also a good idea to have something like this written down because for someone who doesn’t know any better, it will help them out a lot. You may accept entertainment invitations, such as business meals, if they are in line with accepted business practices, could not be constructed as potentially influencing your business judgment or creating an obligation on your part, and if public knowledge of your participation would not embarrass you or Chipotle. When such business activities occur frequently, such costs should be shared or paid for on reciprocal basis. You should always be professional. Act professionally and conscientiously when making business decisions. Personal relationships should never interfere, or give the appearance of interfering, with business actions, judgments, or decisions. When making decisions, weigh all factors impartially and without prejudice and make all decisions solely based on merit. You should honor your agreements and do not encourage or interfere with other parties’ contracts or agreements. Avoid legal speculation or conclusions in your communications. And you should not discuss areas beyond your knowledge or expertise. This is really important because I think that you should act and be professional on any job that is out here. The Anti-Discrimination, Harassment and Sexual Harassment Policy states; Chipotle believes in the value of a diverse workforce, equal opportunity, and a workplace free of discrimination and all forms of unlawful harassment. Chipotle prohibits unlawful discrimination, harassment, and sexual harassment. Employees who violate this policy may be disciplined up to and including termination. Chipotle strongly believes that employees and applicants for employment should be treated without regard to race, color, religion, national origin, gender, age, marital status, sexual orientation, gender identity, disability, veteran status, genetic information, or any other prohibited basis. This applies to all employment practices. At Chipotle, no form of harassment is acceptable. This includes joking remarks or other abusive conduct (including verbal, non-verbal, or physical conduct)  that demeans or shows hostility. Sexual harassment is also prohibited because it may be intimidating or an abuse of power and it is inconsistent with their policies, practices, and management philosophy. Discrimination or harassment of an employee-whether by another employee, supplier, vendor, or customer-is strictly prohibited. This policy I think is the most important because without this policy, so many people can harassed and scared to tell someone about it. Also the anti-discrimination policy is important because of the fact that a lot of women are discriminated against a lot of jobs out here because the mangers think that they aren’t fit for them. Some of the key steps that Chipotle should take to ensure that employees follow the code of conduct would be to have them read it when they are first hired. And then every 2 or 4 months they could give them tests on it to make sure they know and understand it. They can also make sure the managers are up to date on the code of conduct as well. Some ways in which Chipotle can engage in socially responsive activities in the community within it is operated. They can donate all their unused food to homeless shelters. They can do special deals for the senior citizens and for veterans other than Veterans Day. They can build customer relationships. They can do that by having loyalty programs. They must have good customer service or their customer’s will not return. Resources (1) Chipotle Code of Conduct (2) http://www.grouponworks.com/merchant-blog/marketing/four-easy-ways-to-build-customer-relationships-resturant/ (3) http://smallbusiness.chron.com/rules-conduct-resturant-employees-18671.html

Bipolar Disorder Essay

What is Bipolar Disorder? A Brain disorder that causes unusual shifts in moods Also known as manic-depressive disorder It consists of manic episodes, depressive episodes, and/or hypomanic episodes People with bipolar disorder are also usually diagnosed with anxiety, attention deficit disorder, substance abuse, or physical health problems There are three types of bipolar disorder: Bipolar I Disorder – diagnostic criteria At least one manic episode May or may not have had a depressive episode There are more specific subcategories because it varies from person to person Bipolar II Disorder – criteria At least one hypomanic episode (not fully manic) At least one major depressive episode There are also more specific subcategories Cyclothymic Disorder – criteria Numerous hypomanic episodes Periods of depression Never have a full manic or major depressive episode Symptoms must last 2 yrs. or more and they can’t go away for more than 2 months What is a manic episode? A manic episode is a period of abnormally and persistently elevated, irritable, or expansive moods that last at least one week. To be considered a manic episode the mood disturbance must be severe enough to cause noticeable difficulty at work, school, or social activities Symptoms are not due to the direct effects of other things like drug use, other medications, or having a medical condition What is a hypomanic episode? A hypomanic episode is a distinct period of elevated, expansive, or irritable mood that lasts at least 4 days. The mood disturbance must be severe enough to cause a noticeable change in functioning The episode is not severe enough to cause significant difficulty at work, school, or in social activities Symptoms are not due to the effects of something else such as drug use or other medications What is a depressive episode? A depressive episode is a period of major depression not caused by grieving Major depressive episode usually occurs directly after the manic episode ends Treatment Bipolar Disorder requires lifelong treatment – even during times when there are no symptoms Treatment is typically guided by a psychiatrist Primary treatment includes medications, individual counseling, and support groups Risk Factors Blood relative with Bipolar Disorder Periods of high stress Teens through mid-20s Drug and alcohol use Major life changes Statistics on Bipolar Disorder Bipolar Disorder affects about 5.7 millions adults in America (about 2.6% of the U.S. population) Median age of onset is 25 years old It is seen almost equally in men and women More than 2/3 of people with Bipolar Disorder have at least one close relative with the disorder Bipolar is the 6th leading cause of disability in the world 1 in 5 patients with Bipolar Disorder commits suicide 9.2 year reduction in expected life span

Pauls Case Research Paper Example | Topics and Well Written Essays - 1250 words

Pauls Case - Research Paper Example The story commences with Paul’s faculty hearing after he was suspended from his high school located in Pittsburgh. He arrives at the meeting in outfits that are shabby and debonair at the same time. In particular, he had a red carnation in his buttonhole, which affronted the members of the faculty. As presented in the book, Paul is described as a narrow-shouldered, tall person with large pupils that strike the chord of a drug addict (Cather 7). The members of the faculty had a hard time to coherent their feelings about Paul. They all have a feeling that Paul hates them deeply. His family members view him as a person who had no interest in school. Moreover, the faculty members complain of disturbance caused by Paul in the classroom, and his defiant nature to the student’s council among other bodies. When Paul is still in the presence of the council, he keeps smiling, which makes his accusers feel insignificant. Some of the misdeeds he was identified with included disorder, ill will and impertinence to the staff and his fellow students. Moreover, he is also described as suave due to his nature of raising his eyebrows, which were regarded as irritating, and the brilliance in his eyes, which quivered the teacher’s casual touch (Cather 10). Paul’s drawing master was always on his side claiming that the teacher’s did not understand him clearly. Moreover, he also states that the mother to Paul had died after his birth in Colorado. These statements make the teachers and other members of the faculty ashamed about their ferocious nature towards Paul. Later on, Paul went Carnegie Hall that is located in Pittsburgh where he served as an usher. He had arrived quite early that day, so, he went through the Hall’s gallery to get a view of the paintings of Venice and Paris (Cather 20). In his strolling, he stares at one painting named blue Rico. Afterwards, he proceeds to the changing room together

How Cultural Differences Between Parent and Host Country Can Affect Essay

How Cultural Differences Between Parent and Host Country Can Affect Business Communication Process of an Organization - Essay Example The Western companies have shown tremendous interest regarding the expansion of business in the Middle East and the Eastern countries because of the emerging market. The international business that the companies have emphasized in the modern world can have strong effects. A bad choice of a country can increase the risks associated with the financial losses and it can also reduce the opportunities for success. There are many reasons due to which the risks associated with businesses arise in host countries. Issues related to the political factor, economic factor, social factor, technological factor and legal factor have the severe impact on business. The differences in the culture with respect to business between a parent country and the host country are the essential reason behind the risks and lack of opportunities. The market entry decisions made by the companies play the very crucial role against the risks associated with cultural differences. This essay illustrates the effects of cultural differences between parent and host country on business communication. Cultural aspects of different countries have the significant impact on the sustainability as well as the profitability of business corporations. The business culture in the western countries is significantly different from that of the eastern world. The major growing business markets such as India and China have several different approaches with respect to business culture. The business practices and culture of China differ greatly from other countries, such as Canada, USA, Australia and UK. In order to initiate a business in China, the essential factor is to understand the business etiquette. Understand the business etiquette and the socio-economic culture can lead organizations to success. There are several challenges that the managers of the Australian companies had to face based on managing employees.

Media Analysis Essay Example | Topics and Well Written Essays - 1500 words

Media Analysis - Essay Example Reference is made in the text used in the above news article, as this text is followed by relevant visual aids. Commonly, the text used in each medium is decisive in regard to the medium’s role and the message involved. At a first level, the text used needs to be clear; this means that the reader or the viewer can develop a specific view on the issue discussed. In addition, the text used needs to reflect an existing event or the personal view of the writer. The text of the medium chosen, the news article of BBC News, has the following characteristics: a) it focuses on a particular subject: the intention of Walt Disney to ban junk food ads in its programs, b) the subject of the medium is made clear in the title; this means that the text that follows cannot lead to different assumptions, i.e. no opposition would exist between the title and the rest of the text as such phenomenon would cause doubts in regard to the credibility of the information provided, c) the article itself, i .e. the text of the article excluding the title, offers a high range of information in regard to the subject discussed. This part of the text should be further analyzed in order to verify whether there is any aspect that it is not immediately obvious to the intended consumer. ... At the next level, it is noted that these standards will not be applied immediately but after a 3-years period, i.e. from 2015 onwards (BBC News 2012). However, the above fact leads to the elimination of the potential benefits of the project; in the next 3 years the development of the problem cannot be clearly estimated. This means that it is quite possible that after 3 years these standards will be incapable of facing the problem that they aim to address. Moreover, according to the text of the article, the firm has not set the criteria on which the characterization of food as junk food will be based (BBC News 2012); in this way, it is not clear when the nutrition standards of the firm will be applied. In regard to the issues discussed above, the title of the article could be considered as misleading, giving the impression that it refers to an initiative that it is in progress or one that it is about to start while neither of these cases exists. In this context, the text used in the medium chosen is problematic, not providing accurate information to intended consumers. At this point, the following fact should be highlighted: the opposition between the title of the text and the rest of the text is not clear to readers. Indeed, if reading the title in hurry the following impression is given: the title describes an event and the rest of the text presents additional aspects of the event without changing the key framework of the event. This impression is false. If reading the text carefully it is clear that the text itself presents the important doubts in regard to the particular initiatives of the organization. From this point of

Tort Law Coursework Example | Topics and Well Written Essays - 1500 words

Tort Law - Coursework Example According to Winfield & Jolowicz (Tort, 17th ed. ; WVH Rogers ed), in order to hold the defendant liable for defamation, the claimant has to prove the following elements: 1. The statement must be defamatory; 2. The statement must refer to the claimant; 3. It must be published i.e. communicated to atleast one person other than the claimant. The aforementioned principles as applies to the present context in the following manner: 1. The statement must be defamatory: The statements made by Alex were to the effect of degrading public image of the players and team manager. Besides causing harm to their reputation in public, the statement also tends to raise ethical questions on the players and the team manager and hence lowers them in the public eye. Vide Lord Atkin’s judgement in Sim v. Strech [(1936) 52 TLR 669], it is now the settled position of law that any statement that tends to lower the claimant in the estimation of right thinking members of the society can be defamatory. Th is position has been reemphasised in several of the recent judgements as well. Therefore, it cannot be said that the statement is not defamatory and accordingly, any defence on those lines will be valid, if at all, subject to unique situation of the present case and other factual considerations. 2. The statement must refer to the claimant: In the present context, it is undisputed and clear beyond doubt that the statement made is very specific to few players and the team manager. Hence, provided that a claim is brought by the named few, this element will apply and hold good. 3. The statement must be published: In order to ascertain whether this element can be satisfied in the present context, it is necessary to analyse how ‘publication’ is interpreted at common law over a period of time. The statement vis-vis Alex, is made only to one person other than the claimant. The question therefore is – whether such an act of sharing one’s belief with another person without knowledge of the fact that such beliefs/statements would be published, amounts to ‘publication’. At common law, the element of publication is satisfied even if the defamatory statement is made to one person other than the claimant. In Crossland v. Wilkinson Hardware Stores Ltd. [(2005) EWHC 481 (QB)], it was held that slander, which is defamatory statement made orally, made to one person can have a damaging effect. Having said that, another element that needs consideration is – the potential cause of action. It is a settled principle at common law that chain of causation breaks when a statement made is published as it amounts to repetition [Ward v. Weeks (1830) 7 Bing. N.C. 211 followed in Weld Blundell v. Stephens [(1920) A.C. 945]. Thus, in the present case, there would be two causes of action available to the claimants. The first being statement made by Alex to Barbera; the second being the article published in The Daily Truth. The implications differ depending upon the claimant’s choice of action. The defendant in such cases is not liable for the published article where she did not intend such publication/repetition [Cutler v. McPhail (1962) 2 Q.B. 292]. Thus, if the claimants’ cause of action the newspaper article only, then Alex cannot be held liable as she did not intend repetition or publication of the statements made. II TORTIOUS LIABILITY OF BARBERA A. Factual matrix material to the potential lis 1. Barbera has obtained

Corporate governance Essay Example | Topics and Well Written Essays - 2750 words - 1

Corporate governance - Essay Example A staff of executives used of the American energy company. This prompted the adoption of the Corporate and Auditing Accountability, Responsibility and Transparency Act (commonly known as the SOX). Essentially, the Act was to mandate reforms that would fight corporate accounting fraud by enhancing corporate responsibility and financial disclosures. Further, for the sake of overseeing auditors, the Public Companies Accounting Oversight Board was also created by the Act. This paper will discuss the Enron case and research academic literature to evaluate the amendments to the code/legislation and determine whether they will resolve the issues of corporate governance as well as assessing the effectiveness of the changes. For the purpose of discussion, an overview of the Enron Scandal and the Sarbanes-Oxley Act will be given, followed by the evaluation of amendments to the code/legislation. The most notable causes of Enron’s downfall were associated with corporate governance, revenue recognition, special purpose entities and mark-to-market accounting. When the sale of natural gas was deregulated via legislation passed by Congress, Enron increased its prices and soon became the North America’s largest seller by 1992, earning $122 million before taxes and interest. However, poor financial reporting and accounting loopholes were used by the chief executive officer and the chief financial officer to conceal billions of dollars that had accrued as debt from projects and deals that had failed. Eventually, this led to the bankruptcy as the company executives continuously misled the audit committee and board of directors on matters concerning high-risk practices of accounting. Further, they also pressured their auditors, Arthur Andersen, to ignore such matters. Enron reported the entire value of all trades it conducted as revenue as opposed to reporting the cost of the products as the cost of goods sold and selling price as revenue (Salter 2008, p. 104). This aggressive

Pressure ulcer dressing in community placement Essay

Pressure ulcer dressing in community placement - Essay Example The researcher will begin with the statement that throughout his community placement practice, he has particularly dealt with pressure ulcers on a frequent basis than many other forms of injuries. Apparently, the author never thought that they could be a serious issue as they turned out and I had to perform extensive research and on them. In clinical practice, pressure ulcers or decubitus ulcers can be described as damage affecting the skin and the tissues beneath, as occasioned by three main factors. The contributing factors to pressure ulcers are; pressure, shear, and friction. In all community placement encounters dealing with pressure ulcers, the author has found out that the most useful way of identifying pressure ulcers is the skin discoloration. This class of ulcers ranged from skin discoloration in slight damages to broken skin with open wounds in extreme cases. The researcher has found out also that the level of damage could be gauged in some instances on the state of the ph ysical appearance of the skin, before assessing the underlying tissues damage. Research findings enabled the author to apply better practices such as ensuring that the wounds remained moist unlike before where they were macerated and gave poor results. For healing of pressure wounds to occur, infections and sloughing were minimised by ensuring that the wound environment remained in a conducive. The temperature was to be maintained at an optimum and that the pH maintained was optimum for wound healing as noted by Baranoski and Ayello.

Regulatory and Economic Environment Term Paper Example | Topics and Well Written Essays - 1500 words

Regulatory and Economic Environment - Term Paper Example In fact, a somewhat 'hands-on' approach is used in order to have a say in the economy by the government. The regulatory framework in India is to provide accounting information so that the government can execute planning and managing of corporate behaviors. All companies are expected to be honest about their accounting practices irrespective of how big or small they are. Types of business organizations: Roberts, Weetman and Gordon stated, "an important economic feature influencing accounting is the type of business organization that dominates the economy. Two features of business organizations are particularly important in helping to explain accounting rules practices: stated that in India the business can be categorized into very large business houses, medium business organizations and very small businesses. There are many family-owned businesses too. Contrary to the popular belief the family-owned businesses in India are not always small. In fact, the largest business house in this country is a family business. Hence the regulatory framework is based on the size of the business organization. ...In fact the implementation of the International Accounting Standard - IAS 41Agriculture can be attributed to the pressure from agriculturally rich countries like India. India is growing by leaps and bounds in technical sectors and foreign trade and investments. Many multinational companies have opened their doors to India. So accounting regulations are also issued in the interest of foreign currency transactions and translation. Legal factor: India operates largely on the common law legal system but incorporates religious laws too. According to Institutional Shareholder Services, "India's Companies Act has been in place since 1956 and sets out the current three-tier system of administration on the national state and regional level" (para.5). The main purpose of common law in this country is to protect the owners of the companies.  

Events Management- Evaluate the current level of understanding of Essay

Events Management- Evaluate the current level of understanding of Events Impact and Events Stakeholder Management and how it integrates into the Events Management Process (EMP) - Essay Example One example can be Thredbo Jazz Festival which continues for three days. This community festival entertains people with popular Australian jazz music, good food and wine. This festival helps to bring extra revenue in the region (Thredbo Jazz Festival, n.d.). One example of an academic event in Netherlands is the Holst Memorial Lecture held on 29 November 2012. It was organized by Philips Research and the Technische Universiteit Eindhoven. The social purpose of the event was to bring together scientists, research students and professionals from different institutions (Holst Memorial Lecture 2012, n.d.). In small towns, events and festivals help to develop the economy as major part of local revenue is garnered from the employment and tourists that are part of such events. The Peter Anderson Arts Festival which was first started over 30 years ago has been a huge source of income for downtown Ocean Springs. This festival attracts 100,000 people annually in a community which has only over 18,000 residents (Carter & Zieren, 2012). Events can have social impacts on communities as they offer people outlets for various activities. Events and festivals are reflections of the ideological values of the community and this helps in establishing the image of the local community. Through such events people of a community find opportunities to strengthen relationships with one another (Tassiopoulos & Johnson, 2009, pp.76-77). The environmental impacts of events can be both positive and negative. Events can create environmental awareness in the community. The transport and communication system gets improved as a result of events and this leads to urban transformation. But, events can also pollute the air and water by littering and carbon dioxide emissions from excessive travelling. Also, events use considerable resources like water and lights thus putting pressure on the local resources (Heitmann & David, 2010, p.187). The triple bottom line (TBL) which

Ohio Public School Funding Essay Example for Free

Ohio Public School Funding Essay Ohio public school funding is complicated. Funding of public schools in Ohio is trough states combination i. e. federal government contributing about 6 percent, Ohio state 44 percent while the local tax account to more than 50 percent. The formulas for school funding are provided by the state and this determines the amount that is received by each district. As a result more wealthy districts often raise more amounts than less wealthy districts. On the other hand the state set up the guaranteed amount that each district is supposed to raise and these amounts are not based on the actual expenses that are used to fund the schools (Brandt, 2003). The delegation of responsibilities of funding to local districts and heavy reliance on property tax in Ohio, have contributed to inequalities for school children across the country From the time the first decision was released in 1997, there have been substantial benefits, although the decisions from the Supreme Court have not been enforced. In this regard this paper will focus on the system of school funding in Ohio State and how the public and supreme court has responded to the system. In addition the paper will focus on the current plans of funding, Ohio school expenditure and potential solution to the system (Brandt, 2003). Public school funding in Ohio The system of funding of public schools relies much on local districts property tax and this has resulted to big differences since the system depends on the amount of money the district is able to raise. The system has caused problems for the poor suburban, rural and even urban schools. For example, in 2003, Coshocton County raised only 7,529 US dollars while Cuyahoga County was able to raise 17,735 US dollars of school funding from the property taxes and state. There are inequalities and some public schools use Xeroxed copies or outdated textbooks. Some of the buildings in which the school children attend their classes have been condemned. Other school struggle to raise money to cater for basic needs such as paying school librarian. Some individual say that the problem is due to lack of care that is exhibited by poor schools. However, considering the efforts people make ion paying tax, individuals in poor districts contribute large portion of money that they have but they are not in a position to raise as much money as the wealthy districts. In addition wealthy districts have valuable properties that fetch a lot of money as compared to poor districts. The state of Ohio spends a large portion of its tax on private schools. These private schools that are owned by private companies aims at making profits and do not care a bout the local tax payers. In Ohio when the value of the properties increases the state decrease it’s funding. The states assume that the tax from the properties is directed to school funds. On the other hand public schools do not realize increase of funding since local taxes are normally fixed at the property value at time of last levy. Due to the gross inequalities DeRolph Dale, along with several district schools filed a case against Ohio State in 1991, and stated that the system of funding that is used in the country is unconstitutional. The supreme court of Ohio State began to investigate this system and resulted to establishment of major decisions of the Supreme Court. In 2001, the Supreme Court declared the system as unconstitutional, and directed the general assembly to provide solution (Walker, 2005). Since that time Supreme Court made ruling on the funding system the state has responded by establishing numerous legislations in order to solve the problems of the funding system. However, the problems in funding system still exist and the state has been unable to solve them. When the first decision of Supreme Court was released in 1997, the senate president said that the Supreme Court cannot enforce its rules. In 2001, the president said that Ohio State has no money and therefore Supreme Court has problems (Phillis, n. d). On the other hand following the ruling of Supreme Court there is a great dramatic impact in the funding of public schools in Ohio and many public schools are being constructed and the existing schools renovated. Before 1997 the state did not have priorities to support public schools. In 1997 the decision of DeRolph I influenced the state to support public schools and since then it have provided more than five million US dollars. Capital appropriation in the state of Ohio since 1997 for school facilities is as shown below.

Differentiation made among poor readers into dyslexics

Differentiation made among poor readers into dyslexics Is dyslexia a big, expensive myth (Mills 2007)? Despite the popular acceptance of dyslexia as a type of learning disability, particularly as a persistent and significant form of reading difficulty, the debate surrounding its existence, definition, and diagnosis persists (Doyle 2003). For many years now, school systems around the world have developed and implemented strategies in order to address dyslexia because it affects a considerable percentage in the population. In the United Kingdom, one out of 10 people are considered dyslexic, 375,000 children (Hayes 2005) and in other studies, 5% of the childrens population (Ramus 2003). Dyslexia is widely thought to be a deficit that can be overcome with proper learning interventions; some very prominent personalities have been said to succeed over dyslexia: Hans Christian Andersen and Nelson Rockefeller, for instance. Scientific and academic discourse on dyslexia, which is derived from the Greek words dys meaning difficult and lexia meaning reading, is plagued by a definitional crisis (Snowling 2000; Ingram, Pianu and Welsh 2007). Until now, there is still no consensus on the definition of dyslexia. Moreover, issues on categorisation also face the dyslexia community (Lyon, Shaywitz, and Shaywitz 2003). This is perhaps because poor reading is influenced by a myriad of factors: socio-economic disadvantage, poor diet, poor living conditions, and others. This paper centralises on the controversy on whether or not a) it is possible to differentiate dyslexics from garden-variety poor readers and b) it is useful to make such a differentiation. The issue of differentiation has significant implications and until now, psychologists and academic writers are still debating over it. Treating dyslexia as a distinct entity seems logically sound. In every class, there are students who do very poorly in reading bu t exhibit higher ability in other competencies. There are also those who do poorly in reading and in generally all other competencies. In terms of diagnosis, some claim that differentiating dyslexics from poor readers will enable educators to development the most suitable interventions. Nonetheless, the definitional crisis over dyslexia makes it a dilemma to make that diagnosis. Labelling someone as dyslexic actually makes the assumption that existing literature and empirical data have generated more precise insight into what dyslexia is. The fact of the matter is experts have only agreed to disagree on the criteria by which dyslexia is diagnosed, including the types of intervention necessary to help children overcome their reading difficulties (Rice and Brooks 2004). The peril of differentiating dyslexics and garden-variety poor readers without any clear and conclusive parameters for diagnosis is that in the end, students with temporary reading difficulties may be branded dyslexics needlessly and students who are in genuine danger may not be getting the appropriate learning interventions they need. Due to the unstable and inconsistent definitions of dyslexia, some academic writers have questioned whether the disorder really exists. Some people view dyslexia as a social and emotional construct (Elliott 2005, p. 485) and politicians claim the impairment as a fictional malady (Hayes 2005, p. 1) to suggest that dyslexia is an artificial disorder concocted by the school system to promote their interests or to hide weaknesses in language instruction. Some have even claimed that dyslexia has a class bias: that it is the middle-class way of covering up intellectual weakness. Despite these allegations, the dyslexia movement worldwide has gained wide acceptance and scientific endeavours, which although inconclusive have provided greater insight into how this impairment can be overcome by children and adults. This paper explored recent literature on dyslexia, its definitions, causes, and critically discussed the issue of differentiation between dyslexics and garden-variety poor readers, how such a difference could be diagnosed, and its implications. The paper concludes that while there are proposed methods of evaluation, there remains no conclusive means of differentiating dyslexics and garden-variety poor readers. 1 Dyslexia: definitions and causes 1.1 The reading process In order to critically examine dyslexia, models of the reading process need to be reviewed. There have been two predominant theoretical models to answer the questions: how do children read? and how do they learn how to read? (Harrison 2000, p. 35). Kenneth Goodman (1970, as cited in Harrison 2000) explained that reading was a selective process which requires children to use minimal language cues but maximum contextual information. In what he calls the psycholinguistic guessing game, Goodman argued that the objective of reading is not word or letter recognition but to make sense of it the construction of meaning. Recent studies have shown the fluent reading requires a fairly complete and rapid visual processing of text while hypothesising or guessing as Goodman (1970) suggested has a small role to play in word recognition. The most widely accepted model of reading among experts and psychologists is the interactive model which states that the reading process is largely supportive of the bottom-up model as well as the input of top-down processes when required (Harrison 2000). This means that in order for individuals to read fluently, what occurs is automatic, rapid, and context-free word recognition having a fixation duration dependent on the relative word frequency of separate words. Stanovich (1980) attempted to incorporate what is known about skilled and unskilled reading into the interactive-compensatory model. A key concept of this model of reading is that a process at any level can compensate for deficiencies at any other level (p. 36). Stanovichs model was a response to both bottom-up models and top-down models which had their own problems. One of the problems for the top-down model is that for many texts, the reader has littlele knowledge of the topic and cannot generate predictions. While the top-down models may explain beginning reading, with slow rates of word recognition, they do not accurately describe skilled reading behavior. Stanovich (1980) argued that good readers recognised words rapidly because their recognition was automatic. It was poor readers, by contrast, who needed to make the greatest use of context in order to facilitate word recognition, and they did so at the expense of needing to devote extra time to this part of the processes. The o bvious implication of this model is that accurate, rapid word recognition is really important in fluent reading. 1.2 Defining Dyslexia Dyslexia is difficult to define. Although there have been several definitions introduced since its inception, experts have relied on identifying exclusionary and inclusionary characteristics to define who has dyslexia (Rice and Brooks 2004). Fletcher and Lyon (2008) offered three primary reasons why dyslexia is hard to define. First, dyslexia is unobservable construct meaning that attempts to measure it are imperfect and people suffering from the disorder cannot objectively report it. Second, dyslexia is dimensional, meaning that there are varying degrees to which individuals may experience difficulty, from minor, severe, and even in-between. Third, what characteristics to include and what to exclude have been a site for great disagreement among practitioners and psychologists. Nevertheless, common points in several definitions can be seen are elaborated in this paper. A specific learning disability Defining dyslexia as one disorder among a whole umbrella of learning disabilities (LD) has been criticised (Shaywitz, Morris and Shaywitz 2003; Snowling 2000). Studies have shown that among all learning disabilities, reading disability is the most prevalent, affecting 80% of people diagnosed with learning disabilities. In the past, LD encompassed a broad selection of difficulties experienced by children and adults in several competencies: reading, listening, writing, mathematics, and speaking. Dyslexia is now defined as a specific learning disability (Shaywitz, Morris, and Shaywitz 2003, p. 2). Some definitions on dyslexia describe the different areas impaired. The British Association of Dyslexia (2010) defines dyslexia as a specific learning difficulty which mainly affects the development of literacy and language related skills wherein difficulties may experienced in rapid naming, working memory, phonological processing, processing speed, and other skills. The definition also elaborates that dyslexia may occur among people who are of normal or average intelligence. Shaywitz, Morris, and Shaywitz (2003) explained that among the indicators of dyslexia may be poor spelling, inaccurate word recognition, and poor decoding abilities. The National Centre for Learning Disabilities treats dyslexia as a language processing disorder which may impair reading, writing, spelling, and speaking. Dyslexia Scotland (2010) defined dyslexia as a specific leaning difficulty affecting almost 10% of the population. Dyslexics are said to experience difficulty in reading, spelling, writing, and mathematics. It explained that dyslexia occurs as a consequence of poor short-term memory; hence, dyslexics do poorly in learning abilities because they are unable to maintain the sequencing of numbers, words, or simple instructions. The Miles Dyslexia Centre (2010) defined dyslexia as a combination of abilities and difficulties which affect the learning process in one or more of reading, spelling, writing and sometimes numeracy/language (n.p.). Dyslexics have weaknesses in the following areas: memory, processing speed, short-term memory, visual perception, auditory perception, spoken language, and motor skills. Nevertheless, their definition of dyslexia also reiterates that in place of such weaknesses, dyslexics are gifted with creative or oral skills and that the impairment occurs regardless of socioeconomic or linguistic background. In addition, the National Strategy for Improving Adult Literacy and Numeracy Skills point out that dyslexia is the result of poor phonological processing and poor short-term memory. Hence, dyslexics often struggle with following instructions, copying notes from the board, and difficulty in reading (Department for Education and Skills 2004). The Dyslexia Institute (2002) also outlined some of the shortcomings of dyslexic individuals, such as: 1) difficulty in processing real-time information due to poor short-term memory or working memory, 2) problems in the phonological process which make them struggle in associating letters to sounds, and 3) problems in visual processing. A neurobiological dysfunction Many definitions focus on the neurobiological origins of dyslexia (Shaywitz, Morris, and Shaywitz 2003; Nicolson and Fawcett 2005). Dyslexia is seen not as a consequence of impaired vision or poor intelligence, but as a neurological disorder which has caused brains of individuals to interpret and process information in a different manner (National Centre for Learning Disabilities 2007). The National Institute of Health (2008) also viewed dyslexia as a problem with the brains ability to recognise and process symbols which may affect childrens capacity to separate sounds in spoken words or in rhyming skills which are fundamental in the reading process. The National Institute of Neurological Disorders and Stroke (NINDS 2010) indicates that dyslexics experience difficulties with writing, phonological processing and rapid visual-verbal responding. It defined dyslexia as a brain-based type of learning disability that specifically impairs a persons ability to read. These individuals typically read at levels significantly lower than expected of them despite having normal intelligence (NINDS 2010, n.p.). While the effects of dyslexia vary, the most common characteristics among dyslexics are said to include phonological processing, spelling, and rapid verbal-visual response. Dyslexia is also heritable and recent studies have pointed to genes which make individuals predisposed to the learning disorder. A phonological deficit Secondary to the biological basis of dyslexia is that it is the consequence of a phonological deficit. The phonological deficit hypothesis originated from Pringle Morgan, considered to be the father of dyslexia (Snowling 2001). According to this hypothesis, reading entails the segmentation of texts into the smallest units of language called graphemes. Graphemes are then converted to phonemes which then become then complete sound of a word. For this to take place, the reader needs to assemble and address the phonology of a word. Dyslexics have difficulty in phonemic representations and phonemic recall due to poor short-term memory and other weaknesses in brain mapping. The International Dyslexia Association (IDA 2008) describes dyslexia a language-based type of learning disorder. Dyslexics experience difficulty in developing fluent single-word decoding skills. Furthermore, Fletcher et al. (2002, as cited in Rice and Brooks 2004) supported the notion that dyslexia indicates a problem with phonological processing. Accordingly, children who suffer from dyslexia are identified when they appear a deficit in the skills of words recognition which is associated with rapid naming and phonological memory. In addition, Snowling (2001) considered the importance of phonological processing as one of the etiology of dyslexia. Therefore, this definition focuses on the issues with word-decoding more than reading comprehension, which are controversial and critical point to distinguish between children who have specific difficulties in reading and those who have more problems and weaknesses in language. Finally, this definition is clear by clarifying that dyslexia includes some difficulties in spelling and other writing skills. Snowling (2001) attributes dyslexia to weaknesses in language that affect the development of reading and spelling with dyslexic people. The phenomenon of weakness in language do not affect the reading directly, but also affect the development of the spoken language, which is the basic foundation for learning to read. Snowling (2009) then defined dyslexia as: A specific form of language impairment that affects the way in which the brain encodes the phonological features of spoken words. The core deficit is in phonological processing and stems from poorly specified phonological representations. Dyslexia specifically affects the development of reading and spelling skills but its effects can be modified through development leading to a variety of behavioural manifestations (pp. 213-214). This definition stresses the importance of focusing on the ability to read text not only accurately, but also rapidly and with the importance of proper expression. The acute shortage in the development of fluent reading is characteristic of dyslexia, which continues into adulthood, even if accuracy evolved. Therefore, the importance of reading fluently must be encouraged dyslexic children who read accurately but not fluently will pass unnoticed. Fletcher et.al. (2002, as cited in Rice and Brooks 2004) agreed that most students with dyslexia frequently encounter problems in reading comprehension because of the difficulties in the accuracy and fluency of word recognition. They may also suffer from these problems even if the skills of the accuracy and fluency were improved because of weaknesses in vocabulary as well as in language abilities. One of the most popular and widely-used definition dates back to 1928 and developed by The World Federation of Neurology: A disorder manifested by difficulty learning to read, despite conventional instruction, adequate intelligence and sociocultural opportunity. It is dependent upon fundamental cognitive disabilities which are frequently constitutional in origin (as cited in Gustafson and Samuelsson 1999, p. 127). This definition is the basis of what is known as the discrepancy-based view of dyslexia (Fletcher et al. 2007). This definition assumes dyslexia as an unexpected difficulty in reading. By unexpected, dyslexia is taken to occur as a reading disorder in a child or an adult who despite having all the various factors crucial to developing fluent reading (motivation, intelligence, good instruction) still struggles with reading (Shaywitz 1998). More challenging has been the question of how to operationalise the unexpected nature of dyslexia. This has been achieved by allowing a certain amount of discrepancy between a childs level of intelligence (evaluated through an IQ test) and reading ability. Some schools use the absolute discrepancy involving 1 to 1.5 standard deviations across scores while others use the regression-based model of ascertaining the correlation between reading achievement and IQ. The discrepancy-based definition of dyslexia provides the basis for the categorisation of dyslexics with garden-variety poor readers. Genuine dyslexics are those who despite having average intelligence struggle with reading while poor readers are those who struggle with reading because of intellectual weakness and other demographic and sociocultural factors. The phonological deficit is considered as the cognitive basis to dyslexia (Snowling 2001; Vellutino et al. 2004). Nonetheless, this deficit is also viewed as secondary only to other deficits such auditory temporal processing deficits (Tallal 1980) or low-level visual deficit induced by inhibitions in the magnocellular system (Livingstone, Rosen, Drislane, and Galaburda 1991). 1.3 Visual Processing in Dyslexia The most dominant etiological explanation for dyslexia had been that it was phonological deficit and not the result of problems in visual functioning or processing. However, in the 1980s, several researchers undertook systematic studies and found that many dyslexic readers experienced visual deficits. For instance, Getman (1985, as cited in Ramus 2003) attributed problems in visual tracking to oculomotor deficiencies as well as a supposed deficit in the transient visual system. This theory has been discredited by several controlled experiments but the hypothesised effect of the transient visual system gained empirical interest. While proponents of theories attributing dyslexia to visual deficits do not exclude other explanations, the relationship between dyslexia and problems in visual processing has spurred academic interest in the subject. The main theory behind such systematic reports indicates that dyslexia is caused by a deficit in the transient system or the magnocellular system in the visual pathway. The magnocellular-deficit theory explains that two parallel systems lead the visual pathway from the eyes to the visual cortex: the magno- (large) and parvo- (small) cellular systems. The larger system consisting of large cells possesses high conduction velocity as well as sensitivity to rapid movement and stimulus changes. The smaller system is sensitive to fine spatial details and color. Dyslexia occurs among people which have magnocellular systems that have reduced sensitivity (Lovegrove, Garzia, and Nicholson 1990). The magnocellular system indirectly influences the parvocellular system by pressuring the latter in the course of the reading process. As one reads, there occurs a series of fixations followed by saccades or short rapid eye movements. The magnocellular deficit theory proposes that the larger system is stimulated by the saccades and the parvocellular system by the fixations. Dyslexia occurs when there is inhibition in the magnocellular system, consequently suppressing activity in the parvocellular system. While a number of psychologists and writers have accepted the magnocellular deficit theory, there have also been counterproductive results. For instance, in a review of contrast sensitivity studies which support the magnocellular deficit theory, Skottun (2000) found the studies which are consistent with the theory are outnumbered by studies that disprove it. An explanation behind the conflicting results is the lack of definite parameters to diagnose dyslexia. One author has alleged that the confirmability of the magnocellular deficit theory is confined to only one subtype of dyslexics (Borsting et al. 1996, as cited in Skottun 2000). 1.4 Auditory Processing in Dyslexia Another alternative explanation to dyslexia does not discount the deficit as phonological in nature but sees it more as one that stems from an auditory deficit in temporal processing. This theory is based on Tallal (1980) who proposed that children who are poor readers have difficulty processing brief or rapidly changing acoustic events whether used in speech or not. Hence, children find it difficult to judge the temporal order of nonspeech tones presented but stop-consonant-vowel syllables as well. This deficit interferes with their overall speech perception which is crucial to normal development of language, in turn, a fundamental requirement in reading. Tallal and colleagues arrived at this hypothesis after studying children with language impairments. When presented with high and low tones at long (400ms) and short (50 ms) interstimulus intervals (ISIs), the children were found unable to make temporal order judgments (TOJ). Tallal (1980) found that compared to normal readers, dyslexics performed poorly when presented long ISIs. From this observation, Tallal made an inference that dyslexics have a non-linguistic deficit in temporal resolution of rapidly changing auditory stimuli which impairs speech perception. Tallal also inferred that this deficit underlies the phonological problem. Studies which replicated Tallals work had mixed findings. Reed (1989, as cited in Ramus 2003) found that when using stop consonants and tones, dyslexics performed poorly compared to normals in making TOJs but performed equally with normals when presented with steady state vowels. Other studies lent support and contradiction to Tallals hypothesis. For instance, Mody, Studdert-Kennedy, and Brady (1997) concluded that dyslexics suffered from speech discrimination deficits rather than TOJs. In sum, evidence suggesting a direct link of temporal processing deficit to dyslexia has not been established. The auditory disorders that are observed in individuals with dyslexia are not particularly rapid or temporal in nature. These disorders are restricted to a subset of the dyslexic population, and have little influence on the development of phonology and reading. It therefore seems that the phonological deficit that is characteristic of dyslexia can arise in the absence of any auditory disorder, with the most severe auditory impairments nevertheless acting as aggravating factors (Ramus 2003). 2. Does dyslexia exist? There is also some debate on whether it is meaningful to speak of dyslexia as a distinct disorder in relation to other individuals classified as poor readers. If it can be proven that there is no significant difference among individuals diagnosed with dyslexia and your average or garden-variety poor reader, then it would make sense to question whether to study dyslexia at all. 2.1 Difference between dyslexics and garden-variety poor readers Gough and Tumner (1986, as cited in Siegel 1992) introduced the concept of the garden-variety poor readers in order to separate dyslexics from poor readers found to be poor in language, listening, verbal knowledge, decoding skills or pronunciation language. The authors differentiated dyslexics from the poor readers by diagnosing them as low in decoding skills but not long in listening. Behind this differentiation is the definition of reading disability based on an aptitude-achievement discrepancy (Stanovich 1991). There were children who were observed to be poor readers but perform well in other skills. On the other hand, there were poor readers who perform poorly in intellectual skills. This discrepancy criterion made the key assumption that: poor readers with a high aptitude (based on IQ test scores) were neurologically and cognitively different from poor readers with a low IQ. Hence, clinically, the term dyslexic came to mean only children with significant discrepancy in reading ability and intelligence. The discrepancy criterion is the basis of legal statutes governing special education practice in the U.S. and elsewhere. Academically, research definitions of dyslexia use this criterion widely. Dyslexia is officially diagnosed using the discrepancy criterion in the ICD-10 Classification of Mental and Behavioural Disorders (World Health Organisation 1993), and to the Diagnostic and Statistical Manual of Mental Disorders-IV [DSM-IV]. Before a child or adult is diagnosed as dyslexic, his or her reading achievement must be considerably lower than what is expected of him or her by age and IQ score. Valtin (2010) concludes that using this criterion, dyslexia is then defined as a medical, eetiological concept of specific reading impairment in children of normal intelligence, due to genetic or neuropsychological deficits'(p. 3) while normal reading disability occurs in children tested as having subnormal intelligence. The operationalisation of the discrepancy concept has been critiqued as a reification of something that has not been substantiated empirically (Stanovich 1994). The basic assumption is that a child or adults intellectual capacity is the norm for determining reading underachievement. Hence, the degree of discrepancy of reading ability from IQ was judged as meaningful, in the almost total absence of empirical evidence (Stanovich 1994, p. 581). Children with reading disabilities were categorised as RD-D or reading-disabled with IQ discrepancy (dyslexics) and RD-N (reading-disabled without IQ discrepancy (poor readers). Supporters of the discrepancy criterion argue that differentiation among poor readers assists in determining which learning interventions suit groups of reading-disabled children. Because dyslexics suffer from reading disorders without showing measurable signs of intellectual weakness, their needs are different from those who read poorly because of low IQ, socioeconomic disadvantage, health problems, and others. There are many however who question its usefulness in diagnosis because dyslexics and garden-variety poor readers experience the same weaknesses in spelling and reading (Valtin 2010). Moreover, the task of differentiating children with reading disorders into dyslexics and garden-variety poor readers is a largely arbitrary one (Rice and Brooks 2004) because it may be diagnosed under one method but not in another. Because there is no clear-cut definition of dyslexia, it has been considered a construct to refer to descriptive characteristics and not due to any cognitive dysfunct ions (Rice and Brooks 2004). 2.2 Diagnosing differences between dyslexics and garden-variety poor readers It is also relevant to review existing literature and empirical data to conclude that it is scientifically possible to distinguish which children are dyslexics and which are garden-variety poor readers. While some findings have pointed to noticeable differences between dyslexics and poor readers, they are mixed and cannot be considered unequivocal evidence to suggest differences in both groups. Rice and Brooks (2004) listed several studies that suggested moderate differences in the performance of dyslexic and poor readers on a few reading-related tests but these differences are overrun with similarities in performance of the same groups in tests measuring reading-related characteristics such as reversal errors in alphabet, digital sequencing errors, spelling of sight vocabulary, phonemic segmentation, and pseudoword reading. Moreover, studies (Fawcett et al 2001, Jorm et al 1986, as cited in Rice and Brooks 2004) have also found that garden-variety readers had lower scores than dyslexics in the areas of rhyme task, memory span, segmentation, and pseudoword repetition. Badian (1994) conducted an experimental study to secure support for the treatment of dyslexia as a separate entity by proving that dyslexics and garden-variety poor readers differ significantly in cognitive skills which are reading-related. Using 110 children subjects grouped into three dyslexic, garden-variety poor readers, and good readers, Badian (1994) found that it is empirically sound to differentiate dyslexics from garden-variety poor readers. While nonword reading and phonological awareness among dyslexic and garden-variety poor readers were both low in comparison to good readers, the study found that dyslexics had unique weaknesses in phonological coding of graphic stimuli and automatic visual recognition, consistent to Stanovichs phonological-core variable-difference model of dyslexia. Aaron (1989) also found differences between dyslexics and non-dyslexic poor readers in an experimental study on reading comprehension but not on word reading. Using two groups of primary-level poor readers, one group diagnosed as dyslexics (normal IQ scores) and the other as NSRD (nonspecific reading-disabled) or those having below normal IQ scores. The dyslexics were inferior than other two groups in terms of spelling and decoding, were more context-dependent when it came to word recognition, and did the worst on inferential comprehension. Ellis, McDougall, and Monk (1996) had somewhat contradicting results with Aaron (1989). Using four groups dyslexics (mean IQ 118), normal readers (mean IQ 107), and garden-variety poor readers (mean IQ 80), and precocious readers (mean IQ 126) the study measured reading accuracy as a measure of reading ability. They concluded that dyslexics and garden-variety poor readers had insignificant differences in decoding skills, consistent with Siegels (1992) claim and Stanovichs (1994) assertion. Moreover, unlike Aarons (1989) earlier finding, the poor readers obtained lower scores on comprehension of text and listening comprehension compared to dyslexics. The lack of scientific rigour in some of the psychometric tests and research on differentiation has also been criticised. Two control groups are required to undergo such experiments. Controlling for confounding variables in the tests is also difficult. Researchers need to take note of demographic and psychometric measures to establish validity of the findings (Chiappe et al. 2001, as cited in Rice and Brooks 2004). While Aaron (1989) and Badian (1994) gathering encouraging results that support differentiation, they also accepted several methodological issues with their experiments. First, the definitions were not uniformly used. There were considerable age differences in the sample of normal readers and garden-variety poor readers as well as the type of experimental design used. 2.3 Relationship of intelligence and dyslexia The discrepancy-based criterion in diagnosing dyslexics is largely because of a few prominent and highly gifted dyslexics known in history. Hence, dyslexia has come to be known as a disorder afflicting individuals who are otherwise intelligent but have difficulty reading. However, as Siegel (1992) explains, there is absolutely no scientific data suggesting that only intelligent people have dyslexia or that people considered of low intelligence cannot suffer from dyslexia. The reason why level of intelligence is used to isolate individuals having reading programs is that the IQ score is the best measure of someones intellectual capacity. Hence, people with a high IQ can be said to have greater intellectual capacity than those who have lower IQ. In the context of the reading-disabled, a dyslexic is someone who cannot perform up to their maximum potential because of neurobiological or genetic factors. Intelligence scores also

Financial Services Regulation Literature Review

Financial Services Regulation Literature Review Literature review on financial services regulation Consider whether flexibility in implementation of financial services regulation can undermine legal certainty. Does a move towards principles-based regulation of financial services presage a regulatory creep without a statutory grounding or does it allow regulators to keep pace with the financial services market? Introduction Regulation is often unpopular, and may be viewed as unnecessary. However, the existence of market failure is a reality in certain markets that needs to be corrected by some form of government intervention. In the financial services industry, for example, there is clearly a need for some kind of regulation as demonstrated by, for example, the Nick Leeson affair or the Enron scandal. Yet such cases also demonstrate the failure of regulation – the regulatory systems in place did not succeed in preventing these two debacles. Hodgson (2006:247) takes a positive view of regulation, or at least of the right kind of regulation, arguing that ‘[r]egulation can and should be a necessary, proportional and beneficial approach to the organisation of society. It lets us police the supply of goods and services and maintain standards and resolve complaints within a properly established legal framework, but without inappropriate political involvement or, in most cases, resort to the court s.’ Financial services regulation in the UK – objectives In the UK, the Financial Services Authority (FSA) has four statutory objectives: market confidence (maintaining confidence in the financial system); public awareness (promoting public understanding of the financial system); consumer protection (securing the appropriate degree of protection for consumers); and reduction of financial crime (reducing the extent to which it is possible for a business carried on by a regulated person to be used for a purpose connected with financial crime). In addition, the FSA is guided by a set of principles to which it must adhere. For example, it must use its resources efficiently, and any restrictions it imposes on an industry must be proportionate to the expected benefits of the restrictions. Furthermore it should avoid stifling innovation where possible. This means that the FSA must allow for different means of compliance in order not to unduly restrict firms and industries from launching new products and services. In addition, the FSA should help to maintain the competitive position of the UK internationally. In order to promote competition among the firms that it regulates, the FSA should avoid creating any unnecessary regulatory barriers to entry or expansion in any of the markets it regulates. Hodgson (2006:251) explains that the ‘FSA was set up to do rather a lot of things: to promote market confidence and public awareness of financial services (meaning encourage savings), protect consumers and reduce financial crime. It is also required to maintain the international success of Britain’s financial sector, promote competition whilst minimizing any adverse effects, and weight the costs and benefits of its own actions. Plenty of scope for conflicts of interest there.’ An assessment of the move to more principles-based regulation must examine how such a move is likely to impact on all of the objectives of the FSA. Principles-based regulation and rules-based regulation Cunningham (2007) explains that since the Enron scandal and other debacles in the financial services industry, there has been a trend to categorise rules-based regulatory systems as bad, and principles-based regulatory systems as good. However, he argues that the distinction being made between â€Å"rules-based† and â€Å"principles-based† systems is false and misleading. Cunningham (2007:3) claims that while an individual provision in a regulatory system may be â€Å"rules-based† or â€Å"principles-based†, these ‘classifications are too crude to describe or guide the design of corporate law, securities regulation or accounting systems.’ That is to say the terms are not scalable to the level of an entire system. Instead, Cunningham (2007:4) points to ‘the necessity and value of combining rules and principles and the difficulty of designing systems warranting classification as rules-based or principles-based.’ While it may be the case that any regulatory system is necessarily a hybrid made up of a mixture of â€Å"rules-based† and â€Å"principles-based† individual provisions, that does not mean that some systems are not â€Å"more rules-based† or â€Å"more principles-based† than others. Indeed this notion ties in with the reality of the UK financial services regulatory system. As will be seen below, the system is already a hybrid of â€Å"rules-based† and â€Å"principles-based† approaches, and it is moving towards â€Å"more principles-based† regulation. Regulatory creep There are various definitions of regulatory creep. The Better Regulation Task Force (2004:3) define it as ‘the process by which regulation is developed or enforced in a less than transparent fashion and not in accordance with our five Principles of Good Regulation.’ The BRTF (2004:5) goes on to identify four examples of how regulatory creep may occur when regulation takes place without transparency. In the first place, ‘a lack of clarity about the intention of regulation, particularly goal-based regulation, both on the part of regulators and those being regulated, can lead to unnecessary compliance burdens.’ Secondly, the way that guidance ‘is developed and used can influence enforcement activity and compliance, again leading to unnecessary burdens that bring little benefit to those the original regulation was designed to protect’. Thirdly, it is argued that ‘enforcement activity can induce over compliance in those being regulated’ and finally, ‘ombudsmen’s rulings can have wider regulatory implications’. Jones (2004:6), on the other hand, points out that ‘there is a positive aspect to creep. Formal responsibilities may leave gaps in enforcement. Shifting priorities and creative interpretation of a regulator’s brief may be necessary to tackle newly emergent issues.’ Moving towards more principles-based regulation: the case of the UK The first point to make is that in the UK, Principles-based regulation has existed since 1990, and the eleven high-level Principles for firms (see box 1) have been in place since 2001 (FSA 2007a:4). The FSA is now talking about a ‘more Principles-based approach’. This shift is based on a move towards broad-based standards instead of detailed rules together with an increased focus on outcomes-based regulation and an increase in senior management responsibility. According to the FSA (2007a:4), ‘Principles-based regulation means, where possible, moving away from dictating through detailed, prescriptive rules and supervisory actions how firms should operate their business. We want to give firms the responsibility to decide how best to align their business objectives and processes with the regulatory outcomes we have specified.’ Moving towards more principles-based regulation: pros and cons There are clear advantages to a principles-based approach to regulation, but such an approach also carries certain risks (of which regulatory creep is just one). The challenge is to achieve the right balance between principles and rules. As the BRTF (2004:6) explains, ‘part of the attraction of goal-setting regulation is its flexibility and we do not want to discourage this. Nor do we want to discourage the use of guidance as a useful alternative to regulation for driving up standards. But where does guidance as a useful alternative in driving up standards end, and regulatory creep begin?’ In this section, I will review the pros of a move towards more principles-based regulation, and I will then outline the various risks or cons associated with such a move. One major advantage of more principles-based approaches to regulation is increased flexibility and responsiveness to innovation and market developments. de Serres et al (2006:32) find that ‘financial system regulation has a statistically significant influence on output and productivity growth as well as on firm entry, via the impact on industrial sectors relying more heavily on external sources of funding. The economic impact is also found to be substantial enough to matter, yet sufficiently small to remain credible.’ This highlights the need for financial system regulation to minimise unnecessary regulatory barriers to entry or expansion in the financial services market. According to the FSA (2007a:5), a principles-based system is likely to be more durable than a rules-based system precisely because of its flexibility. ‘Financial markets are constantly changing. Continuous innovation and new product development are important ways in which the financial services industry generates benefits for consumers and markets. It is important that regulation can respond rapidly to the pace of change in markets and so allow them to continue to develop for the benefit of their users. We believe regulation that focuses on outcomes rather than prescription is more likely to support this development and innovation. Any set of prescriptive rules is unable to address changing market circumstances and practices at all times, and it inevitably delays, and in some instances prevents, innovation.’ Another benefit of more principles-based regulation is that it should provide greater freedom for firms to develop their own approach to compliance. According to the FSA (2007a:7), a more principled-based approach does in practice mean ‘giving firms increased flexibility to decide more often for themselves what business processes and controls they should operate.’ In addition, a move to principles implies less need for detailed rules which leads to a simplification of the rules or handbook. The FSA (2007a:8) views a simplified handbook as a side benefit of a move to more principles-based regulation, rather than a key driver behind the move, additionally arguing that, ‘reducing the overall size of the Handbook, however desirable, does not in itself deliver principles-based regulation. Even a substantially reduced Handbook will still be regarded by many as a daunting prospect. We should therefore not measure our success in achieving principles-based regulation by the number of Handbook pages or the number of rules they contain, but by the effect that the Handbook review, together with other initiatives, achieves over time.’ Perhaps one of the most important potential advantages of a move to more principles-based regulation, if properly implemented, is a greater degree of substantive compliance as individuals and firms come to comply with outcomes and the general principles rather than on the detailed rules – as the spirit of the law is prioritised over the letter of the law. Another key advantage is the increased engagement of senior management. The FSA (2007a:12) explains that ‘Moving towards principles-based regulation has significant implications for how we work with firms on a day-to-day basis We are looking for firms to take greater responsibility for how they meet their regulatory obligations. This responsibility in many cases will be taken on at senior management and Board level, using the various materials that will be available and, where necessary, conversations with us†¦ Firms will see a difference in how we behave towards them. We will give greater recognition to firms’ own management and controls and this will be reflected in areas such as capital requirements and supervisory intensity. Well controlled and managed firms that engage positively and openly with us should expect to experience real benefits from our more principles-based approach in the form of a regulatory dividend, for example relatively lower levels of regula tory capital, less frequent risk assessments, greater reliance on firms’ senior management or a less intensive risk mitigation programme.’ Finally, proponents of a more principles-based approach argue that it should lead to more efficient solutions to regulatory problems. This, however, depends on the system for the resolution of any such problems and could in fact be more or less efficient with a more principles-based approach, depending on how that system is designed and implemented. A major risk associated with a move to principles-based regulation is the lack of certainty or predictability. This is a risk that needs to be managed carefully in order to ensure that firms and individuals understand their obligations in the absence of specific rules as to how they should act. The FSA (2007a:12) acknowledges the need to address this risk and explains that ‘with a less prescriptive Handbook we are convinced that we must go further than we have been inclined to in the past in responding to firms’ queries. We will need to work with firms and the practitioner panels to find the right balance in achieving this.’ Accountability issues are, arguably, also more likely to arise in the absence of detailed rules. Wilson (2007) explains that the FSA approach to accountability and governance issues has always been principles-based, explaining that ‘we take a strong interest in how firms govern and organise their affairs because we take the view that if you get this right, much else follows. In doing this, our approach is generally to ask for explanations as to why the structure put in place offers the necessary challenge and level of control, and where such explanations are unconvincing, to seek change that achieves a better outcome.’ There may also be certain legal obstacles to a more principles-based approach to regulation. Obviously any regulatory body needs to remain within the law, and in the case of the UK FSA this includes, for example, EU law. It is important to recap at this stage that a move to more principles-based regulation does not mean the abolition of all detailed rules. Indeed the FSA (2007a:20) cites European legislation as one of the challenges or constraints that will remain as they move in the direction of a more principles-based system of regulation. Finally, and most pertinent to this review, is the increased risk of regulatory creep with a move to a more principles-based system of regulation. The BRTF (2004:11) identify two principal means through which a principles-based approach may lead to regulatory creep. The first of these is through a possible proliferation of guidance and overzealous enforcement. ‘High level goal-setting objectives may need further clarification. Goalsetting regulation can leave a vacuum that Government, regulators and industry will seek to fill with guidance. The guidance may stray beyond the original intention and/or it may be applied prescriptively by regulators and those being regulated.’ The second occurs if insufficient thought is given to how firms will demonstrate compliance with the principles, or if compliance staff lack adequate skills. ‘Regulators argue that it is their job to prove noncompliance and that there is no legal requirement for duty holders to demonstrate compli ance. However, compliance should not be a guessing game. Those being regulated do need to understand what is required of them in practice.’ Conclusion Clearly there are some advantages to Principles-based regulation of financial services, but there are also some risks. There will always be a place for rules in regulation, and the key to successful Principles-based regulation is to know when it is appropriate to rely on Principles, and when to specify detailed rules. Reliance on principles requires the provision of consistent advice to firms, and a commitment to ensure the regulator’s accountability mechanisms are not bypassed. These requirements in turn point to the need to ensure that compliance staff are sufficiently skilled and trained. The OECD (2005:4) highlights the need to pay ‘close attention to the institutional setting, with a view towards fostering accountability, transparency and trust’ in order to achieve high quality regulation. This is the case whether a more rules-based or a more principles-based approach is taken. As the BRTF (2004:14) points out, ‘[i]t is not only goal-setting regulation that can lead to regulatory creep. A lack of clarity about the scope of any type of regulation can lead to regulatory creep.’ A move to more principles-based regulation has the potential to presage a regulatory creep without a statutory grounding as well as the potential to allow regulators to keep pace with the financial services market. The aim of any such move must be to realise this latter potential whilst avoiding the former. Bibliography Better Regulation Task Force (2004) Avoiding Regulatory Creep. October 2004. London: Better Regulation Task Force. Cunningham, L. (2007) A Prescription to Retire the Rhetoric of â€Å"Principles-Based Systems† in Corporate Law, Securities Regulation and Accounting. Boston College Law School Legal Studies Research Paper Series, Research Paper 127, 13 March 2007. de Serres, A. et al. (2006) Regulation of Financial Systems and Economic Growth, OECD Economics Department Working Papers, No. 506. Paris: OECD Publishing. FSA (2007a) Principles-based regulation: Focusing on the outcomes that matter. April 2007. London: FSA. FSA (2007b) FSA Handbook, Release 065, May 2007 Hodgson, P. (2006) The Rise and Rise of the Regulatory State. The Political Quarterly 77(2) April-June 2006. pp247-254 Jones, C. (2004) ‘Regulatory Creep: Myths and Misunderstandings’, in Risk and Regulation, No 8 Winter 2004 p.6 OECD (2005) Designing independent and accountable regulatory authorities for high quality regulation. Proceedings of an Expert Meeting in London, United Kingdom, 10-11 January 2005. Paris: OECD. Wilson, S. (2007) Supervision in a Principles Based World. Speech given to the FSA Retail Firms Division Conference, London, 27 February 2007 (available from http://www.fsa.gov.uk/pages/Library/Communication/Speeches/2007/0227_sw.shtml)

Suicide: Facts, Misconceptions, Causes, And Prevention :: Suicide Essays

A sixteen-year old boy sat in his fourth period class crying because he had just broken up with his girlfriend. As he sat there, he tried to think of a way to ease the pain in his heart of the whole situation. His only conclusion was to try and take his own life. This is an attempt of suicide, which was luckily stopped because of a note that he had given to his girlfriend describing his plans that she, in turn, had given to the Guidance Counselor of the school. The truth is that an attempt of suicide is not always the person’s fault, there are several factors, which are contributed to the cause of suicidal thoughts, or feelings that lead to suicidal attempts, and with various treatment methods these conditions can be controlled not necessarily eliminated. Suicide is the third leading cause of death among young people ages fifteen through twenty-five. After making that statement one would come to the conclusion that this age group is responsible for the most suicides, but that is not true the elderly ages sixty-five and older account for more then twenty-percent of all suicides. Considering on average eighty-four people die a day from suicide, that means, that there is an elderly person dying every ninety minutes from suicide, and fifty-four percent of all elderly suicides are committed with a firearm, but after saying that consider this that the elderly only account for thirteen-percent of the U.S. population, and suicide is the eighth leading cause of death among the U.S. population (SAVE). Sixty-percent of suicides among young people are committed with a firearm, and more young people die from suicide than cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined (Centers for Disease Control). There are plenty of misconceptions and myths, when it comes to understanding if someone is suicidal and if they already are what makes them that way. One myth is that someone who talks about suicide or jokes about it will not commit suicide. This is not true most of the time; someone who is going to commit suicide will give hints that they are going to do so. These hints are not necessarily as clear as we think they should be, but maybe that is because we are too ignorant to see the warning signs that are put right in front of our face.

Tybalts Character in Shakespeares Romeo and Juliet :: Shakespeare, Romeo and Juliet

Although admirable qualities add to one's life, they can often lead to their death. One such example of this occurs in William Shakespeare's Romeo and Juliet where we are introduced to Tybalt, a fiery and prideful young relative of the Capulet family. In the play, In the play, Tybalt plays a prominent role in both the thematic scheme and in the ultimate outcome. Tybalt is the instigator of a chain of reactions which change the course of this tragedy, sending it into a headlong collision with fate. Tybalt?s uncontrollable vengeance, skill as a fighter and sense of Capulet pride are admirable in their own ways, but lead Tybalt to his eventual death at the hands of Romeo. Tybalt seems to be recognized even by his own family as a hothead. Up until his death in Act III, he is constantly quarreling and never hesitates to draw a weapon in the face of a foe. Are anger management classes a spoof? If there were not a real problem with anger, they would not exist. Let us just say that Tybalt never was able to complete his anger management classes, because it is evident he has trouble controlling his anger. Tybalt is first introduced at the Capulet party that Romeo has decided to attend without an invitation. When Tybalt first spots Romeo at his family's party, he immediately races to Lord Capulet, who tries to calm Tybalt. Tybalt turns and addresses Lord Capulet: ?But this intrusion shall, now seeming sweet, convert to bitter gall.?(I, V, 92-93) Through this Tybalt cools down for the time being, but he certainly demands revenge again from Romeo. Tybalt's characterization in the play occurs by a direct means and it remains static throughout the duration of the play. His rude, hateful, and bitter character is made clear by his eloquent words and actions. I feel that some of the characters best development occurs when he isn?t even involved in the scene. In Act II, Scene IV, Mercutio and Benvolio develop characteristics of his fighting methods and skill as well as his French styled mannerisms in a mocking way. The method of this development could also have occurred because of the audience that Shakespeare was attempting to entertain, an anti-French group. Thus Tybalt would be both a hated villain in a fictitious play, but also a hero in some people?s eyes. In the end, although Tybalt is proud and fiery, I do sympathize with him.

Effectiveness of juvenile justice Essay

There is no doubt that youthful offending has occurred throughout recorded history. Youth offenders are grouped in an individual division of the criminal justice system, known as the Juvenile Justice System. Juvenile Justice is an extensive term, encompassing numerous aspects of the criminal justice system, from criminology, to crime prevention strategies, punishment and rehabilitation. According to the Children (Criminal Proceedings) Act 1987 (NSW), juvenile justice refers to the system of criminal law which deals with offenders between the ages of ten and eighteen. This group can then be subcategorised into offences committed by children (aged ten to fifteen) and young people (aged sixteen to eighteen). Both of these subcategories of individuals in the juvenile justice system are said to hold criminal responsibility. But those subjects under the age of ten, according to the Children (Criminal Proceedings) Act 1987 (NSW), hold no criminal responsibility, due to the common law operat ion of doli incapx1. The subsequent report will outline a variety of facets of Juvenile Justice as a present criminal justice issue within Australia, with an emphasis on diversionary schemes, the Children’s Court and Detention Centers (juvenile justice centers and juvenile correction centers). Furthermore, the issue will be considered within the jurisdiction of New South Wales. The reason for such a jurisdiction restriction to consider the issue only within New South Wales is because Juvenile Justice Law differs in each state and territory due to it being part of the residual powers of the state, granted under the principle of the division of power – which is in full operation within Australia. Preceding the presentation of the issue, an extensive assessment of the issue of Juvenile Justice in relation to justice, equality and fairness will be made, drawing upon various case material, legislation and media sources, to draw an accurate conclusion on the effectiveness of the legal system in d ealing with the matters that surround Juvenile Justice. Breaking the Myths: the reality (Facts and Figures) of Juvenile Justice in New South Wales The usual picture painted of juvenile crime is aptly drawn in the following comment made to the Australian Law Reform Commission when it was examining the sentencing of young offenders: â€Å"Notions of a ‘juvenile crime wave’ about to engulf the community have wide popular currency. It  seems to be commonly believed that juveniles commit a disproportionately large number of serious personal and property offences, or that new legislation and programs lead to an increase in juvenile crime, or that society is getting soft on its delinquents, and that tougher institutions and harsher penalties would help curb juvenile crime.†2 In contrast to the picture created by many media stories and thus society’s general view on juveniles, it can easily be shown how inaccurate the portrayal may be, when drawing upon statistical evidence and data. One of the crimes most associated with juveniles is motor vehicle theft. Motor vehicle theft has been declining since 2000, with 7618 vehicles stolen in November 2003 being the lowest figure recorded since figures were first collected in 1995. Further, despite poplar images, in 2002 – 03 only 29 per cent of motor vehicle theft offenders were juveniles and this rate was lower than data collected in 1995 – 96, when 36 percent of motor vehicle theft offenders were juveniles. This is not the only example which exposes the inaccuracy of both the media and society’s illustration of juvenile crime. The rate of juvenile offending is decreasing, from 4092 per 100,000 juveniles in 1995 – 96 to 3130 in 2002–03. The rate of offence dropped twenty per cent since 1995, while the female rate increased slightly to 2000-01, and then dropped 28 per cent by 2003. The most common juvenile offences are other theft (this category includes offences such as pick pocketing, bag snatching, stealing and bike theft), unlawful entry with intent, assault, and motor vehicle theft. Rates for all of these, except assault, declined between 1995-96 and 2002-03 and the rate for other theft decreased by 38 per cent in this period. 3 See Appendix 1 and 2 for full statistical graphs and tabulated evidence. The NSW Bureau of Crime Statistics and Research publishes extensive figures for criminal cases in the Children’s Court. These figures do not include cases dealt with by diversionary schemes (which will discussed shortly). In 2002, the Children’s Court had 8546 juveniles appear before it on criminal charges, and cases were proven against 5398 of them. The six most common offences are pictured in Appendix 3, 4 and 5. New South Wales Juvenile Justice Regulatory Legislation The main statutes regulating the operation of Juvenile Justice in Australia are: Children (Criminal Proceedings) Act 1987 (NSW): This act sets out court procedures for trying children. It was amended by the Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2002 (NSW) to have people convicted of an indictable offence transferred to adult correction facilities upon turning eighteen. Children (Detention Centres) Act 1987 (NSW): This act sets out the way in which juvenile justice centres are administered and processes encompassing the supervision of juvenile detainees Children (Community Service Orders) Act 1987 (NSW): This out outlines supervisory processes of juvenile offenders placed on community service orders Children’s Court Act 1987 (NSW): Sets out the constitution and jurisdiction of the Children’s Court Children (Protection and Parental Responsibility) Act 1997 (NSW): This act explicitly has made parents responsible for the past and future actions of their children. It has also granted police to have powers to remove young people from public places in local government ‘operational’ areas Young Offenders Act 1997 (NSW): An Act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings; and for other purposes 4. Crimes Amendment (Detention After Arrest) Act 1997 (NSW): amends the Crimes Act 1900 (NSW) to give police powers to detain young people after arrest for up to four hours Juvenile Offenders Legislation Amendment Act 2004 (NSW): This act established a new form of prison (‘juvenile correctional centre’) for young people sixteen years and older. Amendments were made to the Children (Criminal Proceedings) Act 1987 (NSW), Children (Detention Centres) act 1987 (NSW) and the Crimes (Administration of Sentences) Act 1999 (NSW). The statues concerning juvenile justice have been created according to international law principles, or amended, to ratify various international conventions of which Australia is a party. Children are recognised internationally as to be treated differently from adults in the criminal justice system, acknowledging that children progress through a number of developmental stages as part of the process of becoming adults. Such international law which recognises the need to treat juveniles differently  comprise of the: Convention on the Rights of the Child (CROC) United Nations Standard Minimum Rules for the Administration of Juvenile Justice United Nations Guidelines for the Prevention of Juvenile Delinquency UN Rules for the Protection of Juveniles Deprived of their Liberty A separate juvenile justice system provides safeguards to protect children and young people, based on international rules for the administration of juvenile justice. In NSW this separate juvenile justice system is administered by the Department of Juvenile Justice, whose mission statement is to â€Å"provide services and opportunities for juvenile offenders to meet their responsibilities and lead a life free of further offending†5. Diversionary Schemes It is clear that there are a variety of statutes regulating the operation of juvenile justice in New South Wales. Of particular importance is the Young Offenders Act 1997 (NSW). This act came into effect on April 6th 1998. The objects of this act aim to â€Å"establish a scheme that provides an alternative process to court proceedings for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings†6. That is, change the way the criminal justice system deals with young offenders by diverting young offender’s away from the court and juvenile justice centres, to alternative forms of intervention (see appendix six for full objects of the act and appendix seven for the sentencing of juveniles; an illustration of when diversion can occur). The Young Offenders Act 1997 (NSW) gives a hierarchical scheme of alternatives to court hearings and detention; these schemes from the lowest level of the hierarchy to the highest level of the hierarchy are: Warnings directed by the NSW Police Formal cautions directed by the NSW Police Youth Justice Conferences directed by the Department of Juvenile Justice These diversions from the court and juvenile justice centres can be employed for the vast majority of offences committed by young people. However, in  Section 8 of the Young Offenders Act 1997 (NSW) the offences which are covered/not covered by the statute are outlined. Offences that cause the death of a person, indecent assault, aggravated indecent assault, acts of indecency (see appendix eight for definition and scope), aggravated acts of indecency, sexual intercourse (or attempt of) with a child between ten and sixteen years, attempts or acts of bestiality, serious drug offences and motor vehicle offences where the young person is old enough to hold a license or permit under the Motor Traffic Act 1909 (NSW) are not covered by the Young Offenders Act 1997 (NSW)7 and are therefore dealt with by the court system. Warnings Under the Young Offenders Act police officers have the discretion to give young offenders warnings for minor summary offences that do not involve violence or related issues. An example of such a minor summary offence is the use of foul language in public. A warning can be issued at any time or place and does not require that the young person admit the offence, although, the police must record the time, place and nature of the offence and the offenders name and gender. The investigating official must â€Å"take steps to ensure that the child understands the purpose, nature and effect of the warning†8. Cautions Under the Young Offenders Act police have the discretion to issue a formal caution for more serious offences covered under the Young Offenders Act. The young offender must admit the offence (after being given the opportunity for legal advice) and consent to being cautioned. If a young person chooses not to be cautioned, they will be dealt with by a court. When making the decision to issue a caution, the police officer must consider: (a) the seriousness of the offence, (b) the degree of violence involved in the offence, (c) the harm caused to any victim, (d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act, (e) any other matter the police officer thinks appropriate in the circumstances. 9 A maximum of three cautions can be given to any one person. A number of individuals, on request by the offender, can be present when the caution is given, including: (a) the child and the person giving the caution, (b) a person responsible for the child, (c) members of the child’s family or extended family, (d) an adult chosen by the child, (e) a respected member of the community chosen by the child, if the person arranging the caution is of the opinion that it is appropriate in the circumstances to do so, (f) an interpreter, (g) if the child has a communication or cognitive disability, an appropriately skilled person, (h) if the child is under care, a social worker or other health professional, (i) if the child is subject to probation or a community service order, the child’s supervising officer, (j) if the investigating official is not giving the caution, the investigating official. 10 As a result of a caution, the young person can be asked to write an apology to any victim(s) of the offence, but no other conditions or penalties may be imposed on the child. Youth Justice Conferences The aim of the scheme of Youth Justice Conferences, empowered by the Young Offenders Act, is to encourage young people to take responsibility for their actions and to discourage them from reoffending. This process allows issues to be addressed in a non-threatening environment and enables the youth to gain access to appropriate services, such as counselling, to help them resolve the underlying problems. The offender must consent to the conference, and must be given a chance for legal advice before consenting to the conference. The decision to hold a conference can be made by the Director of Public Prosecutions or upon court order. The decision to hold a conference is based on the following factors: (a) the seriousness of the offence, (b) the degree of violence involved in the offence, (c) the harm caused to any victim, (d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act, (e) any other matter the Director or court thinks appropriate in the circumstances. 11 The Department of Juvenile Justice is responsible for the operation of youth justice conference in NSW. Youth justice conferencing offices are based mostly in Juvenile Justice Community Offices throughout NSW. Those usually present at the conference can include, the conference convenor, the young offender, the parents/guardians of the offender, other members of the offenders family, the victim (if they choose to attend), support people of the victim and a police officer. The result of a Youth Justice Conference is the creation of an â€Å"outcome plan†, a realistic and achievable plan agreed on by the offender and victim. Each outcome plan is different, and may include the following: (a) the making of an oral or written apology, or both, to any victim, (b) the making of reparation to any victim or the community, (c) participation by the child in an appropriate program,  (d) the taking of actions directed towards the reintegration of the child into the community. 12 If a young person satisfactorily completes an outcome plan, no further action can be taken against him or her for that offence. If this is not the case, the administrator returns the matter to the referring body which then deals with the young person as if the conference had never occurred. Children’s Court: Sentencing Options Young offenders are referred to the children’s court [empowered under Children’s Court Act 1987 (NSW) and Children (Criminal Proceedings) Act 1987(NSW)] for the most serious indictable offences, such as murder, manslaughter, sexual offences, domestic violence, drug trafficking and any other offences that result in the death of a person (i.e. all offences which are not covered under the Young Offenders Act).   The court has limited sentencing options, set out in a hierarchy of available penalties in order of severity. Sentencing hierarchies have been introduced in order to guide the court in selecting an appropriate penalty and to provide a greater degree of consistency in sentencing. Some statutes prevent the court from imposing a sentence at one level unless it is satisfied that a sentence at a  lower level of the hierarchy is inappropriate. Such requirements have been designed to require magistrates to justify the use of more severe penalties, to promote the use o f non-custodial options, and to reinforce the use of detention as a sentence of last resort. The sanctions available to the Children’s Court in NSW, in order of decreasing severity, include the following: detention in a juvenile justice centre or juvenile correction facility suspended detention  community service order, attendance centre order  probation (usually up to two years) or other supervised order fine or compensation and good behavior bond  fine or compensation  referral to a youth conferencing scheme  good behavior bond  undertaking to observe certain conditions  dismissal of charges with or without either a reprimand or a conviction recorded The objectives of sentencing, defined as, retribution, deterrence, rehabilitation and incapacitation have a certain difficulty in being met when sentencing juveniles. Instead, sentencing aims to meet the following objectives: Responsibility; intent, excuse, impairment, motive. This mitigating factor of responsibility is changed when applied to young offenders, due to the notion of reduced responsibility be cause of age Proportionality; sanction applied by the court needs to take account of the seriousness of the crime and responsibility of the offender Equality; consistency in punishment. Frugality; sentence imposed should be the least restrictive that is appropriate Rehabilitation; the court must take into account the chances of rehabilitation for the offender As well as an outline of the options available when sentencing and the objectives that must be achieved when sentencing, the key issue that remains to be examined is the actual use of these sentencing options. Appendix Nine tabulates the various court outcomes from the Children’s Court in 2000. Noteworthy is the â€Å"other proven outcomes† category, comprising a total of 15.1 per cent of the outcomes. This category includes such outcomes as apprehended violence orders, compensation and  committals to higher courts. The next major category is dismissed with a caution, comprising 13.8 per cent of the court outcomes. The offence categories where dismissals are most frequently used are public order offences and drug offences. Most notable is the use of detention, the sixth most frequently used outc ome, 9.8 per cent of the time. Detention Centers: Juvenile Justice Centers and Juvenile Correction Centres In some jurisdictions there are certain legislative requirements when the court is considering sentencing a young person to a period of institutionalisation. Generally speaking, the court must be satisfied that no other sentencing option is appropriate, that is, the offender has not responded to the different preventive and rehabilitation methods available or the offender has committed a serious indictable offence and no other sentencing option is feasible. It is clear that the use of detention is meant to be a â€Å"last resort† measure. The detention of young offenders is driven by several competing rationales, including deterrence, retribution, community safety and rehabilitation. The relative emphasis placed upon these will shape the overall direction of detention-centre policy and have a major impact on the nature of the incarceration experience. Many counseling and education programs are available in Juvenile Justice Centers and Juvenile Correction Centers, like, Kairong Juvenile Correction Facility and Reiby Juvenile Justice Centre in New South Wales. It is expected that these young offenders will be able to exit the system with the same skills and vocational opportunities as any other youth, as they offer many services to incarcerated offenders, such as: drug and alcohol counseling services educational opportunities vocational programs health programs and services recreational programs independent living programs arts and crafts courses cultural programs; special services for Aboriginal offenders legal services It is clear that detention facilities, as required by legislation, provide a secure, stable environment with an accent on rehabilitation and reintegration into the community. Importance is placed on upholding the rights and dignity of juvenile offenders and maintaining family links. Juvenile Justice: Fairness, Equality and Justice The three key legal notions of fairness, equality and justice are fundamental when assessing any issue within the Australian legal system. It is said that these three notions are the speculative cornerstones of the entire legal system, with each decision (whether they be statute law or common law decisions, decisions by government departments or decisions made by law enforcers) made within the legal system, hinging on fairness, equality and justice. It is fundamental, when assessing the issue of juvenile justice as a current criminal justice issue, to consider fairness, equality and justice, independently, even though these three notions, in operation, are interdependent. The following is an assessment of juvenile justice in relation to the specific issues which have been outlined in this report, thus far. These specific facets of juvenile justice are its relevant regulatory legislation, diversionary schemes, the Children’s Court and Detention Centers. – Equality Many individuals argue that equality before the law is the most fundamental and important aspect of our judicial system. Equality before the law means that all people who come before courts are treated equally regardless of their individual situation; this is formal equality before the law. But equality also suggests that everyone is treated the same and to achieve equal treatment, mitigating circumstances must be taken into account during the legal process, so that equality of outcomes can be achieved. The statues regulating juvenile justice all take into account the age of criminal responsibility before the law, and the fact that being a juvenile does in fact reduce responsibility before the law. Because of this, formal equality for juveniles can be achieved, as all juveniles are considered to have reduced criminal responsibility due to the fact that they are indeed juveniles. The imposing of formal equality, which is clearly defined in the various statutes regulating juvenile justice, does not occur during the operation of the statutes by law enforcement officials, such as police officers. It is evident that minority racial groups can be discriminated against at the law enforcement level, that is, due to the police. During the documentary, Insight: Juvenile Justice, produced by SBS Australia and screened by SBS Australia on March 3rd 2000, which was documented by reporter, Vivan Ultman, raises many issues in regards to the treatment of ethnic minorities within the juvenile justice system. Chris Cueen a criminologist in New South Wales believes there is a clear reason for the over representation of minority groups in Juvenile Justice Centers, stating â€Å"the clear answer to that is the most marginalized kids in society are the ones that end up locked up, it’s a reflection on unemployment and ethnicity†. Former magistrate of the Children’s Court in NSW, Rod Blackmore, states that â€Å"they (ethnic minority juveniles) aren’t being dealt with more harshly by the courts, or by the system, it’s rather a gate keeping problem, whether they’ve been diverted in the first place by the police or they are quickly being charged and arrested by the police†. Because of the lack of diversion by the police, who do not utilize diversionary schemes empowered under the Young Offenders Act 1997 (NSW), such as an on the spot warning or a more serious formal caution, a clear inequality has resulted – leaving more ethnic minorities, such as indigenous Australians, in juvenile correction facilities. This overrepresentation, specifically to indigenous Australians, is clearly illustrated in the statistical data comprised by the Australian Institute of Health and Welfare, shown in Appendix Ten. Yet, this over representation could be avoided if the police force took active steps to ensure equality in treating indigenous Australians. Over policing in areas of high indigenous population could be reduced to decrease the tensions between indigenous juveniles and the police. In an article written by Liz Gooch, titled â€Å"Aboriginal Prison Rates Increasing† in The Age on the 12th of July 2005, the focus is on indigenous juveniles who are, as quoted, â€Å"20 times more likely to be detained than other Australians†. Not only this, such unequal treatment â€Å"could affect their future significantly, possibly leading to further convictions later in life†. Yet, of importance, is the inequality of ethnic minorities within the community prior to entering the Juvenile Justice System. In New South Wales, groups of indigenous Australians and those from non-English speaking backgrounds, are portrayed by the media as being disadvantaged and typical â€Å"offenders†. Whether or not this true, this has a strong bearing on the factors which lead individuals, like these minority groups, to commit crimes. The result of negative public image can often lead to the justification of groups such as indigenous Australians, to commit crimes. But, active steps have been taken to ensure equality of all juvenile offenders who appear before the Children’s Court, as all juveniles have access to the Legal Aid Youth Hotline, which gives free advice to juvenile’s at all stages in the juvenile justice system. Not only this, during diversionary schemes – such as cautions and Youth Conferencing – young offenders may elect individuals to be present at such schemes, such as interpreters, to ensure equality of opportunity for all young offenders. Equality of opportunity is further encouraged through the use of various educational and vocational training programs during incarceration periods. This ensures that when juveniles exist their incarceration sentence, they are at equal (or near equal) status with other individuals, as if they had not been through the process. There is also indirect discrimination created by the notion of equality before the law. An Australian Law Reform Commission and Human Rights and Equal Opportunity Commission join report, â€Å"Seen and Heard: Priority for Children in the legal Process†13, identified a number of problem areas with respect to young people. One of the most important problems was their relationship with police, the inadequacy of courtroom facilities and inadequate training for criminal justice personnel in dealing with young people. Although this report was created some time ago, improvement is a process of continuity, which may never be fully achieved. – Fairness Fairness refers to the legitimate and proper conduct in the performance of an act or duty. In regards to Juvenile Justice there are many instances when ‘unfair’ treatment in the eyes of the law may occur. One such example of this is the provision of legal advice upon detainment of a juvenile. In the past, when a child asked to speak to a lawyer, police had sometimes given the young offender a telephone book and told them to look one up, often outside business hours. In the case of R v Clifford Cortez14 the court found that this was not fair practice and that the custody manager must inform the child about the free Legal Aid Youth Hotline and help them to access it. In this case, Justice Dowd created common law precedent, when he stated â€Å"Young people aged 17 rarely have a solicitor and rarely have a contact number for one available. It is as absurd as suggesting they might contact their architect or dietary advisory. The whole intention of the hotline is that young people would know that is free, that it is available, and that they would be able to obtain advice there and then. Failure to make it available is a clear breach of the Act and regulation but, more importantly, in breach of the requirement of fairness to the young person†. It is clear that in an effort to allow fairness during the juvenile justice process, the right to legal advice must be upheld. Furthermore, in the case R v Phung and Hunyh15 the importance of the appropriate support person was enforced. In this case, seventeen year old Johnny Phung was suspected of committing an armed robbery and fatal shooting. Police arrested him and conducted two interviews while he was in custody. The these interviews, Phung made admissions about his involvement with the offences. Phung, was not granted an appropriate support person during his questionings. The support person in the first interview with Detective Senior Constable Quigg was Phung’s 21 year old cousin, who did not have strong English (and too was intimidated by the police). The second support person was a Salvation Army Officer who was a stranger to Phung and did not have any opportunity to talk to him privately. When Phung was charged and brought to Court, justice wood refused to admit the interview transcripts, finding that the police had acted improperly by not providing an appropriate support person for Phung. Justice Wood stated â€Å"I would exclude the evidence, since I am of the view that the apparent failure of those concerned to secure compliance with the regime gives rise to an unfairness, and outweighs the probative value of the admissions obtained, powerful as they might have been†. It is clear that in the efforts to  promote fairness in the juvenile justice system, an appropriate support person must be present during the police detainment. Particular unfairness can result in the Children’s Court Sentencing Process, with the most important consideration in sentencing juveniles being rehabilitation. This was illustrated in a case that went to the New South Wales Court of Criminal Appeal, R v GDP16. P was a 15 year old boy who, with two friends, caused extensive damage to a car yard and construction company in the western suburbs of Sydney, to the value of more than $1.5 million. P was arrested by the police and made admissions in two records of the interview. P’s charge could have been determined in the children’s court; however, the court used its discretion to commit P to stand trial in the District Court. P pleaded guilty and was sentenced to 12 month’s detention. A successful appeal was lodged in the Court of Criminal Appeal and the sentence was reduced to 12 months’ probation. Justice Matthews, in her judgement, made a number of points concerning the principles of sentencing young people. She noted that P was a first offender and had received a favourable court report, school report and psychiatric report. He had rehabilitated himself to a substantial degree since the original offence by not reoffending and by returning to school. Justice Matthews found that the original judge who had imposed the custodial sentence had been wrong on two accounts. Although the sentence of 12 months’ detention was within the range of appropriate penalties, it did not take into account the youth of the offender or his or her prospect of rehabilitation. Not only this, the sentencing judge had failed to distinguish the minor role played by P in the offences, he had the same sentence as one co-offender but had played a substantially less role. Other cases since GDP have also been significant in upholding the importance of rehabilitation, including R v Wilkie17, R v Vitros18 and R v ALH19. It is clear that in order to produce a fair outcome for each individual, mitigating circumstances must be taken into account as well any other particular circumstances which surround the case. Examples such as these are extensive, with numerous cases of unfairness during process due to inadequacy of complying with various specifications, outlined in statutes such as the Children (Criminal Proceedings) Act 1987 (NSW) and the Children’s Court Act 1987 (NSW). – Justice Justice is a subjective term depending on the context it is used in. Everyone has an individual idea on what they personally believe justice is. Justice takes into account the notions of equality and fairness, as well as notions of access, equity and human rights. Criminal law is said to operate to right the wrongs of individuals in the community, on behalf of the state. It is a matter of public law, where the state prosecution acts on behalf of all members of society to give the most appropriate retribution for the individuals wrong to society. Yet, Youth Conferences as a diversionary scheme are questioned in their ability to achieve justice for the individual affected by the crime, and thus justice for society. In 2003, 1250 Youth Justice Conferences were run as alternatives to the Children’s Court. Through a youth conference, an individual experiences shame in front of the eyes of intimates and must experience a form of repentance in front of these intimates. It is said to achieve justice for young offenders as it is not excessively confrontational and produces an achievable outcome plan, agreed upon by both the offender and the victim. But, the question remains as to if this is in actuality an achievement of justice. Conferences are considered by many to be a progressive approach to juvenile justice because they recognise the rights of young offenders, their victims, and both their families and community to decide what to do about the damage caused by the offender’s actions. They also provide a forum for discussing and addressing many of the complex issues associated with young peoples offending. In a documentary, titled â€Å"Joe’s Conference: what happens at a youth justice conference†, produced by the Redfern Legal Centre Publishing, in 2000, depicts the process of youth justice conferences as it follows the story of Joe, a youth offender who stole a car, preceded to destroy the car and was then caught by the police, and sent to a youth justice conference. At the conclusion of the documentary, Joe’s agreed outcome plan includes community service and undertaking vocational training at a certified  mechanic’s work shop. No compensation is rewarded for the vic tim, who has lost his car. Although agreed upon by both the offender and the victim, justice, in the eyes of many, may have not been achieved. Yet, contrary to this opinion, in an article featured on the Bureau of Crime Statistics and Research, NSW, titled â€Å"Re-offending by young people cautioned or conferenced†, released on the 3rd of January 2007, found that â€Å"Juveniles who receive a caution or a youth justice conference are less likely to re-offend than those who are referred to the Children’s Court†. Using statistics given by the Australian Bureau of Statistics, the article states that â€Å"Forty-two per cent of those cautioned and 58 per cent of those dealt with at a youth justice conference had a further offence proved against them in the Children’s Court over the five-year follow-up period† and â€Å"only a small proportion of those cautioned (5.2 per cent) or conferenced (10.8 per cent) committed an offence serious enough to warrant a custodial sentence within five years of being cautioned or conferenced†. It is clear that Youth Conferencing can achieve justice, bec ause re-offending rates are decreased. Not only this, justice is achieved for individuals who are able to confront the offender and express their opinions. This is depicted in the article titled â€Å"Justice in the cell with no bars†, written by Jock Cheetham, which appeared in The Sydney Morning Herald on the 29th of October, 2004. Journalist, Jock Cheetham, observes the Youth Conference, on condition that â€Å"no one except the convener is identified†. The Youth Justice Conference was held to create a successful outcome plan for the offender, who is known as ‘Dave’, for offences larceny, vandalism and driving under the influence of alcohol. This article allows the understanding of how Youth Justice Conferences do in fact achieve justice, as it states how the victims felt as a result of the Conference, when the victims and Dave agreed that the offender, Dave â€Å"pay $500 and do 20 hours community work at a Police and Citizens Youth Club†. One of the victims, known as â€Å"Jacquline † states, â€Å"But I was still a bit angry at the end, I still feel he got off a bit easily. It was good because we felt it was over and done with. It doesn’t wipe it all away, but you feel part of the process.† It is clear that Youth Justice Conferences do achieve justice for victims and allow rehabilitation, and thus justice, for offenders. Not only this, by diverting cases away from the Children’s Court, a much greater resource efficiency is gained and greater  access for all young offenders is promoting, furthering the justice provided. Juvenile Justice Centers and other correctional detention facilities, do not achieve justice. Chris Cureen, a criminologist, states â€Å"the most you can say about imprisonment is it takes a young person out of circulation for a period of time and so they are no as likely to commit an offence while they’re behind bars, but in terms of deterrence they don’t work, they don’t stop other kids from committing offences and they certainly don’t stop those same kids from committing offences when they get out†. Juvenile Justice Centers are said to â€Å"teach crime† so that young offenders are more skilful crimin als upon release – in essence, Criminologist Edwin H. Sutherland, theory of differential association. It is easiest and most pleasing to society to put youthful offenders behind bars, but perhaps justice is not achieved by doing this, as it hardens the young offender and fosters further criminal behaviour. Yet, the question remains as to why incarceration facilities offer skills for children to earn a good living upon release. Chris Cueen, states, â€Å"One of the most profound ironies out of something like this is that somewhere like Kariong (the highest security juvenile justice centre in NSW) has the best employment opportunities, so you lock someone up in sort of the maximum security environment, and there at the end point you begin to five them skills or education that should’ve been offered at the very start of the process†. Juvenile Justice Centers offer educational programs to rehabilitate young offenders, but too, foster crime. It is dependant on each individual as to whether the correctional facility is beneficial or detrimental to the offender. Furthermore, l aws regulating Juvenile Justice uphold international human rights standards, such as the UN Conventions on the Rights of the Child (CROC). The statues regulating juvenile justice provide for non-discrimination (article 4), the best interests of the child (article 3), survival and development (article 6) and participation in decision making (article 12). Justice is achieved for young offenders as statues regulating offenders protect ratified human rights conventions. Not only this, justice for juvenile offenders is achieved as it is an offence to publish or broadcast the name or other identifying characteristics of a young person appearing before or convicted by the children’s court. This achieves justice as it avoids future stigmatisation of the young offender and also by ensuring maximum  opportunities for personal growth and development. Conclusion Overall juvenile justice law, as assessed in the previous section, promotes fairness, equality and justice. The common law aims for rehabilitation of offenders, but will not hide from more serious sentencing options, such as detention. If this is continually maintained as the driving force behind the Juvenile Justice System, the pinnacle point of the effectiveness will be reached. For the system to be most effective, a balance must be achieved between the offender and sentencing options, remaining in proportion. Although great improvements are needed in areas of dealing with minority offenders to achieve formal equality before the law, as well as further strict enforcement of principles set out in Juvenile Justice regulatory statues to achieve fairness, total justice, and the utmost effectiveness of the system will be reached. Bibliography: Books: Cunneen. C, White. R. Juvenile Justice: Youth and Crime in Australia, Oxford University Press, Melbourne, 2002 Loughman, J. Mackinnon. G, Hot Topic 49: Juvenile Justice, Legal Information Access Center, NSW, 2004 Findlay. M, Odgers. S, Yeo. S, Australian Criminal Justice, Oxford University Press, NSW, 1999 Healey. K, Issues in Society Volume 90: Youth and The Law, The Spinney Press, NSW, 1998 Healey. K, Issues in Society Volume 40: Juvenile Justice, The Spinney Press, NSW, 1995 Department of Juvenile Justice, What’s Happening in Juvenile Justice in NSW?, Department of Juvenile Justice, Sydney, 2000 Ardagh. A, Youth Conferencing: Contrasting Models, Charles Sturt University, Wagga Wagga, 1996 O’Connor, I. and Sweetapple. P, Children in Justice, Longman Cheshire, NSW, 1988 Western. J, Lynch. M, Ogilvie. E, Understanding Youth Crime: An Australian Study, Ashgate, NSW, 2003 Roberts. A, Juvenile Justice Sourcebook: Past, Present and Future, Oxford University Press, New York, 2004 Cornu. Daryle, Miller. A, Robinson. S, Kelly. T, Steed. K, Cambridge Legal Studies: HSC, Cambridge University Press, Melbourne, 2006 Gleeson. W, Brogan. M, Siow, V, Hayes. M, Thiering, N. Heinemann Legal Studies: HSC Course, Heinemann, NSW, 2003 Brassil. D, Brassil. B, Excel HSC: Legal Studies, Pascal Press, NSW, 2005 Draper. H, Legal Studies: HSC, Longman, Melbourne, 2002 McCarthy. J, Suter. K, Watt. R, Legal Studies 2, Macmillan, South Yarra, 2000 Documentaries: Vivian Ultman, Insight: Juvenile Justice, SBS Australia screen on March 3rd 2000 Fiona Cochrane, Youth Express: Is Justice For all?, Marcom Projects, 1993 Joe’s Conference: what happens at a youth justice conference, Redfern Legal Centre Publishing, 2000 Articles: Liz Gooch, â€Å"Aboriginal Prison Rates Increasing† in The Age on the 12th of July 2005 Jock Cheetham, â€Å"Justice in the cell with no bars†, The Sydney Morning Herald on the 29th of October, 2004. â€Å"Re-offending by young people cautioned or conferenced†, Bureau of Crime Statistics and Research, NSW, 3rd of January 2007 Cases: Accessed via http://beta.austlii.edu.au/ R v Clifford Cortez (Unreported Supreme Court, 3 October 2002) R v Phung and Huynh [2001] NSWSC 115 revised – 15/05/2001 R v GDP (1991) 53 A Crim R 112 R v Wilkie, NSW Court of Criminal Appeal, unreported 2 July 1992 R v Vitros, NSW Court of Criminal Appeal, unreported 3 September 1993 R v ALH, NSW Court of Criminal Appeal, unreported 26 May 1995 Note: Cases in the NSW Children’s Court are heard in camera, and could thus not be used in the report Websites: http://beta.austlii.edu.au/, accessed 23/2/07 http://home.comcast.net/~ddemelo/crime/differ.html, accessed 23/2/07 www.aic.gov.au, accessed 23/2/07 www.djj.gov.au, accessed 23/2/07 www.abs.gov.au, accessed 23/2/07