Henrietta Johnston An Amazing Painter - 873 Words

17th and 18th century American colonial life was not easy for women, they were overworked and underappreciated. Women were married young and quickly took on all the household responsibilities, including bearing children. Husbands, quite literally, owned their wives and because of this women had no control of their earnings, property, inheritance, or anything else (Portland State University, 2001). Though, despite all the hardships women had to go through, some overcame the challenges and still found a way to become strong women with remarkable talents. Two women who exemplify this are Henrietta Johnston, an amazing painter whose portraits were unadorned to the eye but were created using an exceptional type of medium for her time and Anne Bradstreet whose poetry showed the love she had for her husband and the intimate feelings of a colonial women (Academy of American Poets, n.d.; Encyclopedia Britannica, Inc., 2016; Poetry Foundation, 2015; Sarudy, B. W., 2013). Johnston and Bradstree t both took on the typical domestic roles but still found a way to display their talents. Though, how did these roles effect the work they created? Shortly after marrying her husband, Simon Bradstreet, Anne Bradstreet and her family immigrated to America and settled in Massachusetts. They had a total of eight kids, which means her domestic responsibilities were extremely demanding however, she still made time to write poetry (Academy of American Poets., n.d.; Poetry Foundation, 2015). Anne

Prisons Dont Work Essay - 1360 Words

Right now in the United States of America murderers, rapists, and child molesters are being set free. Prisoners are watching T.V., eating a meal, and using exercise equipment while law abiding citizens are starving and living in the gutters. Prisoners even have their own periodical. Dangerous criminals are walking the streets and crime is a way of life to many Americans. In America, crime does pay because our nations prison system is not working. The nations prison system must be changed because of major problems with the system such as overcrowding and the fact that early release programs do not work. Building more jails is expensive and does not solve anything. These problems can be solved by giving prisoners no chance for parole†¦show more content†¦This promotes good behavior in prison and keeps the prison population lower. However, many released prisoners just commit another crime and are returned to jail. In 1992, one in three state prison admissions was a probation or parole violator.(Byrne 50) Also, a special report from the United States Bureau of Justice Statistics stated: State courts in 32 counties across 17 States sentenced 79,000 felons to probation in 1986. Within 3 years of sentencing, while still on probation, 43% of these felons were rearrested for a felony. Half of the arrests were for a violent crime (murder, rape, robbery, or aggravated assault) or a drug offense (drug trafficking or drug possession). This proves that the current system puts dangerous criminals back on the streets without being rehabilitated and that imprisonment is not a successful deterrent. The three times your out strategy attempts to solve this problem. Although it is a step in the right direction, criminals should not be allowed to break the law three times before they are punished. It would be a much greater deterrent if they were not offered parole at all. Prisoners should not be given a parole opportunity. Criminals should know that if they are convicted of a crime they will not be able to get out early. This creates a heavier deterrence for people who are considering criminal acts. It would also assure that dangerous criminals are kept behindShow MoreRelatedWhy Prisons Dont Work- Wilbert Rideau Essay801 Words   |  4 PagesWilbert Rideau- Why Prisons don’t work. According to Wilbert Rideaus opinion, prisons do not work, and there are various reasons why this happens. As indicated in the last paragraph essay, one of the major problems of prisons circulates in the fact that politicians take the easy way to make the people think they are doing something to combat crime. They invest in police and prisons that do nothing but keep us in a repetitive circle without giving us any solution. Although prisons do have a role inRead MoreJails And Prisons1418 Words   |  6 Pagesï » ¿ Jails And Prisons Adam Putnam CJA/204 February 18, 2014 Leroy Hendrix Jails And Prisons In the following paragraphs comparisons between the Rappahannock Regional Jail in Stafford County, Virginia and Federal Corrections Institution Petersburg Medium in Hopewell City, Virginia. The types of prisons will be identified. The major differences between the Rappahannock Regional Jail and FCI Petersburg Medium will be examined. Jail and prison culture and subculture as well as the violent behaviorRead MoreTheu.s. State Prison System965 Words   |  4 PagesThere are so many problem in the Unites State Prison system because of overcrowding. First I am going to talk about what cause the overcrowding in the Prison system. After that I will talk what are the affect we are facing now days for overcrowding in the prison system. Than what should we do to stop prison to get overcrowding and how is going to help out society. Now we going to talk about the reason why our prison is overcrowding in the United State. According to (â€Å"What Causes Overcrowding,†Read MoreEssay about The Farce of Prison Rehabilitation895 Words   |  4 PagesThe Farce of Prison Rehabilitation       After Earl Shriner was released from Prison in 1987, he raped and strangled a seven-year-old boy, then cut off his penis and left him to die (Leo). Reginald Muldrew, who is linked to more than 200 sexual attacks, served sixteen years and was released from prison, only to create trouble again in Indiana (Leo). Did these individuals receive the right punishment or rehabilitation for their imprisonment crime?      Ã‚  Ã‚  Ã‚   A prison is an institution forRead MoreEssay on Rehabilitation is NOT Effective981 Words   |  4 Pagescriminals. Why would they change, when thrown in jail for a crime they committed. Many times when a person is sent away to a prison or jail they have that internal want or need to defend themselves or push every one away. So how would this help by tossing these people in a cage. Now don’t get me wrong I’m a huge supporter of more jails and prisons. Make these criminals work for their keep in jail. This shouldn’t be the country club they are used to. Many times inmates have great living conditionsRead MoreThe Sheer Size Of The Prison System910 Words   |  4 PagesThe sheer size of the prison system lends itself to many layers of profiteering. As many as 90% of jails charge prisoners various fees during their incarceration. These fees range from charges for medical care, booking, transportation--even housing fees, among others. In fact, in or der to pay for the fees assessed by the prison, the friends and family members that send money to prisoners have to pay exorbitant fees, as high as 45%. Some of the largest banks, Bank of America and JPMorgan Chase, areRead MoreThe Cost of Aging Prison Inmates Essay1495 Words   |  6 PagesThe issue with aging prison members is that our legal system spends a majority of the money on our older inmates than our younger members. The three-strike rule in the United States is a big factor on why we have such a high rate with older inmates in our prisons. We imprison older members for life after they have committed more than three felonies regardless of the crime. That leads to our legal system being stuck with a lot of aging inmates. Our legal system has to pay more money in order to accommodateRead MorePrison Overcrowding And Its Effects On The United States Essay1605 Words   |  7 PagesPer Derek Gilna’s report on Increase in Federal Prison Population, Overcrowding, prisons have become overpopulated throughout a five-year span from 2006 to 2011 (Gilna, page 48). Prison overcrowding has become a plague in the United States for some time now. The US Bureau of Justice Statistics shows more than two-million adults are incarcerated in US federal and state prisons. There are many reasons that prisons are becoming overpopulated but not such a certain cause. To fix the problem, attentionRead MoreShould Prisons Rehabilitate The Real World?869 Words   |  4 PagesPersuasive Speech Rough Draft Title: Getting Prepared to Re-enter the Real World Topic: Should Prisons Rehabilitate General Purpose: To change thinking Specific Purpose: To persuade my listeners to consider that rehabilitation would be beneficial to prisoners. Pattern of Organization: Problem-Solution Central Idea/Thesis Statement: Prisons should offer more programs to prisoners so that when they get out in society they can readapt to theRead MoreThe Negative Effects Of Prison Overcrowding1524 Words   |  7 PagesPrison Overcrowding is a topic that isn’t brought up much in the media. However, it’s one that should be addressed more than it is. Overcrowding puts Correctional Officer’s safety at risk as well as the safety of inmates. There must be a way to reduce the number of inmates or possibly build additional prisons. Prison overcrowding has many negative effects ranging from sickness, to even death. The first article I want to discuss is â€Å"Underfunded, Overcrowded State Prisons Struggle With Reform†. On

The potential impact of the Economic Crime Agency Free Essays

string(267) " institutions in the US \(The US Attorney’s Office for the Southern district of New York \(SDNY\), and the Manhattan District Attorney’s Office \(DANY\)\), Jessica de Grazia reported the striking differences between the conviction rates of the different bodies \." Introduction The economic crisis of recent years has lead to a heightened focus on tackling financial criminality, also known as ‘white collar crime’. According to D.Leigh and R. We will write a custom essay sample on The potential impact of the Economic Crime Agency or any similar topic only for you Order Now Evans, â€Å"Ministers are publicly committed to merging the Serious Fraud Office, plus part of the Financial Services Agency †¦ into one large economic crime agency that would tackle bribery, fraud and insider trading.† This essay will critically examine that statement; consider the specified forms of financial crime and determine the potential impact of the Economic Crime Agency. Background Financial crime is not a recent development; however, it could be argued that it occupied a secondary position in the public’s perception of criminality. That is, more focus and police attention went to crimes against persons which involved violence for example, than corporate crime like Fraud which often went undetected. Even when the latter was identified, prosecutions were few which would have undoubtedly led unscrupulous individuals to believe they could escape punishment. The advent of the recession and the revelation that financial crime was costing the UK economy over ?30bn a year lead the Tories to unveil plans to combat financial corruption though an Economic Crime Agency (ECA). The proposal was to combine the efforts of the Serious Fraud Office (SFO), The Financial Services Authority (FSA) and the Office of Fair Trading (OFT) into a single agency in a bid to tackle economic crime and reduce the duplicity of work often arising between the agencies. Financial Crime Definition There is no clear definition of financial crime; it varies depending on the context of the situation. It includes a number of corrupt activities from relatively ‘simple’ frauds like the over inflation of expense claims by an employee to complex ‘Ponzi’ schemes like that of Bernard Madoff which defrauded investors of billions of dollars. For the purposes of this essay, the definition in section 6(3) of the Financial Services and Markets Act 2000 will be employed. This states that financial crime includes any offence involving fraud or dishonesty; misconduct in, or misuse of information relating to, a financial market; or handling the proceeds of crime. In recent years, reducing ‘white collar crime’ has become a key priority for regulators, government, corporate bodies and even individuals as it has a number of ramifications for the economy as a whole. A recent report by the National Fraud Agency found that â€Å"the public sector was the biggest fraud victim, at ?17.6 billion, followed by the private sector at ?9.3 billion (including ?3.8 billion from the financial services sector alone) and the individual and charity sector at ?3.5 billion.† At the start of the century the government took a tougher stance on the issue with the establishment of agencies like the Financial Services Authority (FSA) and the Serious Organised Crimes Agency (SOCA). Even still, the UK penalty rates for such crimes are relatively low in comparison to countries like the US with long established anti corruption policies in place . That said, the recession of 2007-2008 and the damaging effect the activities of unscrupulous bankers had on the financial markets led to a revival of financial crime regulations. Types of Financial Crime What follows is brief analysis of the crimes specified in the article on which this essay is based. Fraud Again, this is a term not expressly defined in legislation or determined by common law. Prior to the Fraud Act 2006, fraudulent behaviours were those identified by the Theft Acts of 1968 and 1978. The 2006 Act now states that fraud is committed where section 2-4 is breached. Summarily, it occurs where a person makes a representation which he knows is false , dishonestly fails to disclose information which he is under a legal duty to disclose and abuses his position . Succinctly, fraud may be defined as the use of deception to obtain an advantage at the detriment of another. Insider trading Insider trading, synonymous with insider dealing, is defined as dealing with securities on the basis of inside information that is not yet publicly known and which would affect the price of the securities if it were made public . It is a criminal offence under the Criminal Justice Act 1993 (CJA) and a civil offence under section 118 of FSMA 2000. In the context of financial services, the FSA Handbook refers to section 52 of the Criminal Justice Act 1993 which extends the offence to encouraging another to deal in the securities in question, or disclosing the information outside the proper performance of employment or professional duties . Bribery Bribery is the receiving or offering of any undue reward by or to any person whatsoever, in a public office, in order to influence his behaviour in office and incline him to act contrary to the known rules of honesty and integrity . The crime of bribing an official was previously governed by the Public Bodies Corrupt Practices Act 1889, The Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916. These laws have now been repealed by the Bribery Act 2010 which came into force on 1 July 2011. Sections 1, 2 and 3 clarify the law in relation to bribing another person, offences relating to being bribed and the functions or activities to which bribery relates respectively. Regulation The responsibility for preventing financial crime, including the types listed above is split between the following principal agencies; Serious Fraud Office (SFO): The SFO is an independent government body empowered by Section 1(3-5) of the Criminal Justice Act 1987 to investigate and prosecute cases involving serious fraud and corruption. With a budget of over ?43 million, it examines complex frauds which are politically sensitive, could significantly affect the economy and involve a loss of over a million pounds. These include investment fraud, bribery, corruption, corporate fraud and public sector fraud . In recent years, the agency has been criticised for its low conviction rates as well as its overall failure to reduce the rate of serious fraud in the UK. In a comparison of the SFO with two similar institutions in the US (The US Attorney’s Office for the Southern district of New York (SDNY), and the Manhattan District Attorney’s Office (DANY)), Jessica de Grazia reported the striking differences between the conviction rates of the different bodies . You read "The potential impact of the Economic Crime Agency" in category "Essay examples" The SFO had only managed to secure a 61% conviction rate in the period of 2003-2007 in a striking difference to its US counterparts who achieved 97% and 92% respectively. Furthermore, the efficiency of the agency was questioned as it expends far more resources than its US equals while achieving a much lower productivity rate in terms of convictions . In a case which further questions SFO case management, it was found that it took approximately ?40 million, 184 days and more than 1 million documents to charge the directors of Wickes plc with fraudulent trading. In the end, all were acquitted despite admitting knowledge of fraudulent activities in their company . Financial Services Authority (FSA) Established under the previous labour government, the FSA is the sole regulator of the UK financial markets. Its powers are derived from the Financial Services and Markets ACT 2000 (FSMA), which also imposes a statutory objective on the organisation to reduce financial crime . In contrast to the SFO whose sole remit is complex fraud, the FSA has more extensive responsibilities. It needs to protect consumers by ensuring that market participants are compliant with the rules in place and do not engage in any activity which might affect the public’s confidence in the financial markets or disrupt the UK monetary system. Inevitably, the responsibilities of the SFO and FSA overlap as cases on malpractice are rarely restricted to one type of crime. This often leads to longer case management times, as both agencies have to work together to collate evidence and decide the best manner and under which regulation to prosecute. Several criticisms have been made against the FSA. Similarly to its counterpart the SFO, the FSA has been accused of a light touch approach to prosecuting offenders for economic crime. In another comparison with the US, John Coffee, a leading US academic, found that in 2005/2006, the financial penalties meted out by the United States Securities and Exchange Commission (SEC) surpassed that of the FSA by a 30 to 1 ratio . Other enforcement agencies There are a substantial number of agencies involved in the fight against financial crime. The quote on which this essay is based only mentions the two considered above. However, other agencies include; the Office of Fair Trading (OFT), CPS (Fraud Prosecution Service), CPS Revenue and customs Division, City of London Police Economic Crime Directorate amongst others. Regulatory Reform –The Economic Crime Agency (ECA) According to Jonathan Fisher QC, the barrister responsible for shaping the Tories thinking on the corporate crime landscape, the current system for tackling economic crime is â€Å"lamentably deficient† . This comment was based on an appraisal of the aforementioned agencies and their failures at identifying and prosecuting perpetrators as identified above. In a report entitled ‘Fighting Fraud and Financial Crime – A new architecture for the investigation and prosecution of serious fraud, corruption and financial market crimes’, Jonathan Fisher suggested a solution. That is, â€Å"a single Financial Crimes Enforcement Agency to tackle serious fraud, corruption and financial market crimes, either by consolidating the existing investigative and prosecutorial powers of the disparate agencies (SFO, FSA, CPS, FPS RCD, OFT) into a new body, or by enlargement of the Serious Fraud Office.† The former consolidation proposal was chosen by the new coalition government. In its coalition programme , the government announced plans for an Economic Crime Agency which would take over the investigatory work of the Serious Fraud office and the prosecution powers of the Financial Services Authority and the Office of Fair Trading. Furthermore, this strategy was seen as a way to â€Å"simplify the confusing and overlapping responsibilities in this area in order to improve detection and enforcement† . Crucially, the ECA would be responsible for â€Å"serious economic crime†. This term was not expressly defined but based on the conservatives pre-election document, could reasonably be considered to include â€Å"large scale fraud, bribery, corruption and Madoff style pyramid schemes† . Potential Impact Enhanced Prosecution Powers – Deferred Prosecution Agreements Amalgamating the various agencies would pave way for a new method of prosecuting offenders. According to Jonathan Fisher QC, â€Å"consolidation of existing powers would enable a unified agency to impose financial penalties in serious fraud and corruption cases as well as financial market crimes in appropriate cases where an alternative to immediate criminal prosecution is preferred†. This could be achieved using US method called Deferred Prosecution Agreements (DPA). Under these sorts of agreements, prosecutors, in this case the ECA, would be able to file criminal prosecutions against offending companies, with the understanding that they would not â€Å"pursue a trail on the charges and eventually drop the charges so long as the corporation involved aids public officials in investigations of the individuals responsible for the offenses charged and the corporation institutes reforms to ensure that similar offenses are not committed in the future† . This has a number of advantages for both parties. The ultimate aim of prosecuting offenders for financial crime is to punish the companies and individuals involved, deliver a penalty which provides an adequate deterrent for would-be duplicators and gives the public faith that such dishonest behaviour is being managed. The ECA could achieve this through a DPA as financial fines set at an adequate level could achieve the punitive and restrictive goal. DPAs also provide a social benefit as evident in an appraisal of settlements in the US. Siemens for example, was fined in excess of $800 million dollars for bribery and corruption in its global activities . The money received from the fine was used in the further pursuit of financial crime. Were the ECA to be given such powers, money recouped from offenders could be used for the continued maintenance of the body as opposed to funding from the public purse. Furthermore, a DPA is an admission of culpability by the company involved; settling with conditions attached allows the regulator to avoid a situation where the criminal prosecution fails at trail, meaning a waste of manpower at public expense. A DPA also assures change in the company as the regulator could impose conditions on the defendant which they would need to uphold to prevent the charges being resumed, e.g. getting rid of culpable directors, adequate monitoring procedures and censorship from certain activities. The US experience shows that offenders rarely ever default on a DPA as the threat of the charges being upheld is an adequate disincentive. From the company’s perspective, it avoids the high level of publicity that a criminal trial would invariably entail and the uncertainty about the level of punishment to be meted out if it were found guilty. Conversely, DPAs are not without risk to the companies involved. The use of Deferred Prosecution Agreements to prosecute corporations is still relatively new, even in the US where it is now commonly used in place of civil and criminal litigation. Therefore, therefore its application lacks uniformity on a case by case basis. Furthermore, evidence revealed or disclosed during the investigation process could incriminate the company and its employees to other offences. As Jonathan Fisher points out in his report, â€Å"Individual company directors or senior employees who caused a company to act unlawfully are frequently not afforded the benefit of a DPA. More often than not, directors or senior employees are prosecuted in a criminal court and following conviction it is not unusual for lengthy sentences of imprisonment to be imposed† . Certainly it would be unacceptable for companies to use their directors as ‘scapegoats’ to avoid prosecution and this is a criticism that is often levied against DPAs. This concept of unfairness extends to the treatment of individual companies, DPAs are an option which the regulatory body concerned can choose to employ or disregard. Therefore not all companies will be offered the option of an agreement. There is concern as to whether large companies are able to tempt regulators into forgoing a criminal or civil litigation by paying large fines, a luxury which smaller companies might not be given or indeed afford . Although the power to enter deferred prosecution agreements would be very useful to the ECA in combating financial crime, the process requires thorough consideration and guidelines need to be set before it is employed in the UK. Economies of scale: Recently, the Court of Appeal held in R v Rollins McInerney that the FSA would be able to bring criminal prosecutions for economic crimes like bribery and misrepresentation of financial accounts. This means that the FSA’s work could overlap considerably with that of the SFO, the body currently responsible for the investigation and prosecution of bribery offences. Therefore, combining the efforts of the two bodies under the umbrella of the ECA would increase efficiency and reduce the duplicity which could arise out of cases based on the aforementioned decision. Fees: Currently the FSA is funded by the levy it charges the companies that it regulates. On the other hand, the SFO and other similar agencies are maintained from the public purse. Having a single consolidated agency could have a number of outcomes. Depending on the size and remit of the agency, the government would have to pay out more for the maintenance of the ECA. However, the economies of scale mentioned above could equally translate to cheaper running costs as the concerned agencies would be streamlined with fewer personnel needed for example. Alternatively, the government would need to consider developing a new funding structure to maintain the organisation. It is unlikely that financial institutions would agree to increased fees due to the presence of a single regulator. Regulatory upheaval: Most of the agencies concerned operate under different legislative parameters. For example, while the FSA derives its powers from FSMA 2000, the OFT’s anti-money laundering powers is given by the Money Laundering Regulations 2007 . Therefore, the creation of a new agency, albeit an amalgamation of existing organisations, will inevitably require new laws governing its remit. Impact on affected companies and individuals: Many organisations and people have structured their businesses to meet with their existing obligations under the current system. For example, the FSA imposes regulatory obligations on some financial services firms to report any trading activity on regulated markets – to identify potential instances of market abuse . If a new arrangement involving the FSA comes into place it will create uncertainty about how to manage the reporting requirements. Furthermore, reporting to a new body could mean increased costs for those companies who have automated reporting facilities. Reception As expected, the proposal received mixed responses. A number of observers identified the plans as identical to that proposed by Lord Roskill, chair of the Fraud Trails Committee over 25 years ago. Roskill had recognised â€Å"the need for a new unified organisation responsible for all the functions of detection, investigation and prosecution of serious fraud cases†¦ †. The report had lead to the formation of the Serious Fraud Office; however, a truly unified approach to tackling corporate crime has never been achieved. The creation of the ECA was therefore seen as a practical application of a sensible theory. Having a single entity creates clarity, defines the remit of the various regulators, could improve efficiency and avoid situations such the failure of the FSA’s first criminal prosecution for insider trading where the defendants were acquitted due to evidential failures. The various institutions all have different specialties; therefore, some commentators contend that a unified agency like the ECA would combine the strengths of all the agencies involved and make it easier for successful convictions to be brought. For example, the OFT was blamed for the collapse of a price fixing trail against four British Airways executives amid claims of incompetence. The prosecution had offered no evidence to support its argument of collusion despite having spent four years and millions of pounds preparing the case . Responding to the coalition’s plans to bring the OFT under the umbrella of the ECA, Jon Lawrence of Freshfields Bruckhaus Deringer stated that the plan is â€Å" a move in the right direction†¦.it is about making sure prosecutions aren’t brought and cases not pursued that have no merit. It’s better for everyone to have these cases run properly and for prosecutions to be assessed and brought on a consistent basis† . On the other hand, most of the agencies affected were not in agreement with the proposal. The FSA made it clear that as the body responsible for market protection, it should retain the criminal enforcement powers which currently enable it to prosecute offenders for insider dealing and market abuse. The government has recently proposed that the FSA’s responsibility for market conduct would be taken over in 2012 by a new agency called the Consumer Protection and Markets Authority. Therefore, Margaret Cole, the FSA’s director of enforcement and financial crime argued that as a specialist regulator, CPMA’s ability to prosecute criminals would be essential to â€Å"maintain a strong and effective enforcement function† . It is difficult to disagree with this statement as the knowledge that an organisation has not only the ability to investigate, but to prosecute criminal activity has been proven to be a somewhat effective deterrent . A number of financial commentators align with this view, stating that â€Å"if credible deterrence is to work and act as a genuine disincentive to market abuse, then, the joined up use of criminal as well as civil enforcement powers in one body is necessary† .Margaret Cole also pointed out the upswing in successful FSA actions, such as the fine of almost half a million pounds handed out to Malcolm Calvert for market abuse, the extradition of an individual from Mayotte for insider dealing, and the compounding of almost ?35m of suspect property. Academic commentators also weighed in on the proposal with Professor Ellis Ferran, professor of Companies and Securities Law at Cambridge University saying that â€Å"There are strong arguments for leaving responsibility for the prosecution of crimes against the market with the CPMA as the successor markets authority. This would allow for the seamless, close co-operation between supervision, markets and enforcement that has reputedly been crucial to the FSA’s recent successes in enforcement to continue, and minimise the wastage of the expertise that the FSA has built up in making use of the wide range of enforcement tools at its disposal. At a time when at least one senior markets regulator in another country has spoken out in favour of being given authority to bring criminal prosecutions, it would seem perverse for the UK to consider stripping its markets supervisor of that power.’ SFO director Richard Alderman also debated the merits of splitting up the organisation in a bid to integrate it with the proposed ECA. In his view, ‘the prosecution-led approach with integrated teams of lawyers and investigators is needed in this very specialist and complex area. No evidence has been produced to show that separating investigators and prosecutors will improve the approach to complex economic crime. In my view, the effect will be damaging .† The reasoning behind his opinion is apparent when one considers the nature of the SFO’s organisation. It is comprised of a number of lawyers, finance professionals and consultants who have experience in the corporate world and knowledge of the markets. Announcements of a structural overhaul at the SFO lead to the exodus of a number of key personnel from the agency. Therefore, there is no guarantee that the specialist knowledge which lead the agency to increase its conviction rate to a credible 84% in 2011 from a mere 61% would transfer to the ECA. In light of recent legislative developments, the UK Bribery Act in particular, Richard Alderman also stressed the need for the SFO to remain the prevalent body for fraud and corruption. Companies already have existing channels of communication with the SFO and disbanding the agency at the same time as new laws are introduced risks leaving the companies with little or no guidance. Alderman said that the â€Å"SFO would be there to help companies navigate their way through the legislation and said that the new rules, which take effect on July 1, would hopefully create a â€Å"ripple† effect through the economy and lead to better corporate behaviour . Furthermore, the need for a new agency could be questioned where the cost of creating a new agency could be saved by providing existing bodies with enhanced powers. Richard Alderman expressed a desire for the US style deferred prosecution agreements discussed above. According to him, â€Å"the US has had about 20 years experience dealing with big corporate cases and the judicial and criminal justice system there has developed greatly over that period†¦. I am particularly interested in deferred prosecution agreements†. Therefore, rather than giving these powers to the ECA, an alternative would be to expand the powers of the SFO. Current Position The coalition government seems to have abandoned its plans for the creation of an Economic Crime agency. Rather, the Home Secretary Theresa May announced that the SFO would remain as it stood, with a new agency called the National Crime Agency to be set up to tackle organised fraud. Perhaps in consideration of the criticisms levied against separating the enforcement powers of the FSA and the OFT, both organisations had managed to be removed from the coalition’s later plans for the ECA. The SFO was the only agency which faced being scrapped until the 2011 announcement. Commentators have observed however that ‘once the NCA is fully up and running, which should take two years, the government will review whether the anti-fraud agency should remain independent. ’ Conclusion The government’s plan for the ECA was weak in the sense that it lacked detail and certainty. Executed effectively, the agency had the potential to clean up financial crime through streamlined procedures and enhanced powers. Whether the ECA comes into place or not, financial regulation in the UK is undergoing an overhaul. The conviction rates at the FSA, SFO etc lend credence to their effectiveness at policing the system and any plans by the government to change their organisation structure could ruin future progress. This sentiment is echoed by Elizabeth Robertson, the corporate crime head at Addleshaw Goddard. As she puts it, â€Å"There has been a lot of momentum to prosecute white collar crime, the Bribery Act is gaining momentum, and with the credit crunch there is a real appetite to deal with these things, The Government risks damaging effective prosecution of business crime if it introduces too many changes at once.† Bibliography Table of cases Rollins, R. v [2009] EWCA Crim 1941 (09 October 2009) Table of Legislation †¢ Financial Services and Markets Act 2000 c.8 †¢ Proceeds of Crime Act 2002 c.29 †¢ The Money Laundering Regulations 2007 (SI 2007/2157) †¢ Criminal Justice Act 2003 c.44 Secondary Sources †¢ Change for the better in financial Services, 28 April 2010 http://www.conservatives.com/News/News_stories/2010/04/~/media/Files/Downloadable%20Files/Change%20for%20the%20better%20in%20financial%20services.ashx , , Accessed 20 July 2011 †¢ Chris Blackhurst, Chasing the White Collar Crooks –(management today) Sunday, 1 May 2011 http://www.managementtoday.co.uk/features/1065925/chasing-white-collar-crooks/ accessed 25 July 2011 †¢ David Gow, The Guardian, Record US fine ends Siemens bribery scandal, The Guardian, 16 December 2008. http://www.guardian.co.uk/business/2008/dec/16/regulation-siemens-scandal-bribery accessed 20 July 2011 †¢ Fighting Fraud and Financial Crime, A new architecture for the investigation and prosecution of serious fraud, corruption and financial market crimes, Jonathan Fisher QC, March 2010, http://www.policyexchange.org.uk/assets/Fighting_Fraud_-_Mar_10.pdf accessed 20 July 201 †¢ Financial Services Authority, The Supervision Manual, http://www.fsa.gov.uk/pubs/cp/cp64.pdf accessed 24 July 2011 †¢ Fraud Trials Committee, 1986. (Roskill Report) London: HM Stationery Office. †¢ FSA handbook, Glossary, – http://fsahandbook.info/FSA/glossary-html/handbook/Glossary/I?definition=G553, accessed 24 July 2011 †¢ FSA v Andrew King and Michael McFall (2010) http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/090.shtml †¢ Gavriel Hollander, Opportunities abound as the FSA makes way for the Economic Crime Agency, The lawyer, 12 July 2010. http://www.thelawyer.com/opportunities-abound-as-fsa-makes-way-for-the-economic-crime-agency/1005003. article accessed 25 July 2011 †¢ Henry N. Pontell, Gilbert Geis, International Handbook of white-collar and corporate crime, (Springer 2007), 701 †¢ HMT: Speech at the Lord Mayor’s Dinner for Bankers Merchants of the City of London by the Chancellor of the Exchequer, The Rt Hon George Osborne MP, at Mansion House, 16 June 2010, http://www.hm-treasury.gov.uk/press_12_10.htm accessed 24 July 2011 †¢ Jessica de Grazia, Review of the Serious Fraud Office, Final Report, 2008. http://www.sfo.gov.uk/media/34318/de%20grazia%20review%20of%20sfo.pdf accessed 24 July 2011 †¢ John C. Coffee Jr, ‘Law and the Market: The Impact of Enforcement’, Working Paper No.304, 4th April 2007. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=967482 †¢ Margaret Cole, speech to the British Bankers Association on November 9, 2010. †¢ Michael Herman and Davd Robertson, BA price-fixing trail collapses as new evidence emerges, Timesonline, May 10, 2010, http://business.timesonline.co.uk/tol/business/industry_sectors/transport/article7121525.ece Accessed 24 July 2011 †¢ National Fraud Authority, Annual fraud indicator. London, 2010. http://www.attorneygeneral.gov.uk/nfa/GuidetoInformation/Documents/NFA_fraud_indicator.pdf accessed 20 July 2011 †¢ Neil Baker, ‘British fraud agency reprieved for now’, (Compliance Week, 10 June 2011) accessed 25 July 2011 †¢ Our performance, Serious Fraud Office, http://www.sfo.gov.uk/our-work/our-performance.aspx accessed 25 July 2011 †¢ Practical Law Company, Glossary, http://uk.practicallaw.com.lawdbs.lawcol.com/8-107-6269 Accessed 20 July 2010 †¢ Richard Sims, policing the rules: enforcement in the new regulatory structure. Dec 7 2010. †¢ Serious Fraud Office, http://www.sfo.gov.uk/fraud/what-is-fraud.aspx , accessed 24 July 2011 †¢ Simon Goodley, ‘Ex – Wickes Trio Cleared of Fraud’ Daily telegraph, 26 November 2002, http://www.telegraph.co.uk/finance/2834729/Ex-Wickes-trio-cleared-of-fraud.html accessed 20 July 2011 †¢ Sir William Oldnall Russell, Russell on Crime (12th edition), London, Stevens, 1964 †¢ Special Project Group, Fraud Advisory Panel, Roskill Revisited: Is there a case for a unified fraud prosecution officeMarch 2010 http://www.fraudadvisorypanel.org/newsite/pdf_show.php?id=124- Accessed 23 July 2011 †¢ The Breakup of the Financial Services Authority, Oxford J legal Studies (2011) †¢ The Coalition: our programme for government, 20 May 2010, http://uk.practicallaw.com.lawdbs.lawcol.com/cs/Satellite?blobcol=urldatablobheader=application%2Fpdfblobkey=idblobtable=MungoBlobsblobwhere=1247275346603ssbinary=true ,accessed 20 July 2011 †¢ The Complinet Interview: Richard Alderman, director of the Serious Fraud Office, (TrustLaw, 18 April 2011), http://www.trust.org/trustlaw/news/the-complinet-interview-richard-alderman-director-of-the-serious-fraud-office accessed 25 July 2011 †¢ www.bbc.co.uk †¢ www.bloomberg.com †¢ www.complinet.com †¢ www.fsa.gov.uk †¢ www.google.co.uk †¢ www.guardian .co.uk †¢ www.lexisnexis.co.uk †¢ www.practicallaw.com †¢ www.sfo.gov.uk †¢ www.timesonline.co.uk †¢ www.westklaw.co.uk How to cite The potential impact of the Economic Crime Agency, Essay examples

Daddy Tucked the Blanket Essay Example For Students

Daddy Tucked the Blanket Essay Daddy Tucked The Blanket? by Randall Williams and ? Long Life High School Rebels? by Thomas French are interesting essays that explore the life and pressure of young people growing up. They share some similarities, yet they also have some basic differences. One of the main similarities is that they were both written from a victim? s perspective. The author of ? Daddy Tucked The Blanket? is a victim of social bias against poor people; similarly, the author of ? Long Life High School Rebels? is a victim of an irrational high school administration. Also, we can feel great anger in both essays. In ? Daddy Tucked The Blanket? , the anger is against the social prejudiceconcerning poverty. When his teacher asked all the children to describe what they got for Christmas gifts, Williams clearly shows us his anger. He writes: ? I never forgave them . . . ? His indignation is not only at those classmates and the teacher who tore his heart into pieces, but also at anyone who looked down upon him just because of his family? s poverty. Likewise, in ? Long Life High School Rebels? , French is furious about the unfai However, the two articles have many differences. First of all, each was written in a very dissimilar kind of atmosphere. ?Daddy Tucked The Blanket? was written in a heavy- hearted mood; Williams shows us his sufferings by recounting his past. He let us taste the humiliation when he tells us ? I was ashamed of where I lived. I had been ashamed for as long as I had been conscious of class.? He gives us the feeling of hopelessness: ? You will go mad from the sheer sense of futility.? He also shares with us his deep hurt as he recalls his memory of being laughed at just because he didn? receive many Christmas presents. By contrast, ? Long Life High School Rebels? is filled with satirizing, ridicule and incitement. We can see the satirizing and ridicule in the way French describes the excuse of the high school officers: ? The rational for the rule was that shorts but not miniskirts were too cdistracting. Also, in the last paragraph of the essay, he writes five sentences beginning with ? We should.? It is apparent to us that these sent ences are actually saying: ? you should.? Furthermore

Ge’s Two-Decade Transformation free essay sample

GE needed to be restructured and this entailed the modernization and streamlining of operations, downsizing the organization, reduction of payrolls and stringent efficiency measures. Welch Early Priorities: GE’s Restructuring 1 or 2: Fix, Sell or Close Each business needed to be 1 or 2 competitor in industry. It had to be a broad strategy because it was a broad corporation. Circle Vision: ? Services (acquisition), ? Technology (leading edge), Core (re-invest in productivity)? Support, Outside, Ventures. Internally wanted company â€Å"lean and agile,† chip away bureaucracy example laborious strategic planning system or budgeting process (targeted towards competitors), reducing hierarchical levels from 9 to 4 ensured all business reported directly to him Downsizing, de-staffing, de-layering 123,000 staff cut, operating profits rose dramatically, and set base for strong increase in sales and earnings for second half of decade (exhibit 5) Replace 12 of 14 business heads, called â€Å"Varsity Team,† all strong commitment to new management values, and willingness to break old culture, and ability to take charge and bring change. We will write a custom essay sample on Ge’s Two-Decade Transformation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 2. What was Welch’s objective in the series of initiatives he launched in the late 1980’s and early 1990’s? What was he trying to achieve in the round of changes he put in motion in that period? Is there a logic or rationale supporting the change process? In the late 1980’s GE’s restructuring was complete. But still culture shock and management exhaustion where common. GE needed more solid foundations?. A series of â€Å"Software† initiatives where implemented. These software changes led to cultural change. Welch wanted to create a culture of small company?. Forums where created for employees to speak their minds and get immediate response?. He designed a process ride of unnecessary bureaucratic work out of system?. 24 outside consultants were hired and productivity increased after reinventing a company-wide program? similar to New England town meetings. In order to increase productivity, Welch studied other firms? and focused on developing effective processes rather than controlling individual activities. Customer satisfaction was GE’s main gauge of performance. Suppliers were treated as partners, and there was an emphasis in the need for constant stream of high quality products designed for efficient manufacturing. Going Global? During early-mid 1980s, this initiative was left on back burner?. Welch did not want to impose corporate globalization on the corporation, but allowed each business to decide?. However, in the late 1980’s he looked at ranking 1# or 2# on global level?. An ongoing effort was launched?. For example, during Mexico downturn, w/in 6 months GE bought 16 companies, positioned for country’s rapid recovery. This same strategy was implemented for Asia?. GE’s 1998 international revenues were $42. 5B (doubled in 5 yrs) Developing Leaders?. Welch embarked in a huge task of realigning skill set and mindset of 290,000 employees?. Many of which felt overworked and there was a residual distrust left from layoffs?. Welch wanted to change focus outwardly to competition. He wanted staff willing to compete and in exchange get professional opportunities. He made a commitment to developing people?. He adapted GE’s human resources system to fit his goals. Overhauled GEs compensation package, stock options became primary component of management compensation and expand stock option from 300 to 30,000 people (more aggressive bonus awards)? Create environment in which people could be their best? Priority to develop a generation of leaders aligned with GE’s new vision and cultural norms, training center? Discussion leaders, Welch meet with employees twice a month (exhibit 7)? Not all managers were able to achieve Welch’s ideal leadership profile (exhibit 8)? Top level managers were rated on performance against targets plus how the â€Å"lived† GE values? Introduced 360 feedback process 3. How does such a large, complex diversified conglomerate defy the critics and continue to grow so profitably? Have Welch’s various initiatives added value? If so, how? Into the 1990’s: The Third Wave Foundation had been laid, now task rebuilding company at an even more urgent pace Boundaryless Behavior? Initiatives aimed at strengthening GE individual business, create â€Å"integrated diversity†? Open, anti-parochial environment†¦ sharing ideas†¦ remove the barriers among engineering, manufacturing, marketing, sales etc? Be as comfortable doing business in Budapest as Louisville, and erase group labels as â€Å"salaried†? Wanted to quickly learn from each other, â€Å"integration model,† develop a model guided the actions of managers, realigning the organization and remove blockers Stretch: Achieving the Impossible? Reinforce his rising managerial expectations, new assault on GE cultural norms? â€Å"Stretch† to set performance targets and described it as â€Å"using dreams to set b. targets, with no idea how to get there†? Tar gets not replace traditional forecasting, managers still had to hit these basic targets, Stretch goals were set higher but not held accountable†¦ wanted to keep a positive attitude? Mid-1990s stretch goals were established part of culture? Increased operating margins from 91’ to 95’ 10% to 15% Service Business? 1994 launched a new strategic initiative designed to reinforce one of his earliest goals, reduce GE dependence on traditional industrial products? 1980s initiated an initial tilt towards service business, acquisition of financial service companies? Now push for product services†¦ needed to supplement slow growth products with added-value services, example medical business â€Å"In Site† for CT scanners and MRI equipment? Believed they had a strong platform to build off of (ex 9000 commercial jet engines, 10,000 turbines)? â€Å"turning the pyramid upside down†? 1997 GE made 20 service-related acquisitions and joint ventures (exhibit 9) 4. What is your evaluation of Welch’s approach to leading change? How important is he to GE’s success? What are the implications for his replacement? Closing Out the Decade: Welch’s Final Chapter Closing in on mandatory retirement, wanted to keep adding value†¦ said he was not willing to split up company 6 Sigma? 1995 company survey showed employees were dissatisfied with quality of its products and processes? Learned from Motorola Six Sigma quality program which improve quality, lower costs, and increase productivity? GE operating at error of rates 10,000 times the 6 Sigma level (cost $8-12 M)? Well developed program with detailed implementation, linked series of management meetings â€Å"operating system† series of planning, resource allocation, review and communication? 40% of bonus were tide, returns to company $750 M (exhibit 11)†¦ rapid â€Å"A Players† with â€Å"Four E’s†? Continued to focus on quality of te am, wanted to continue to upgrade quality depth ? â€Å"A Players† vision, leadership, energy, courage? 4 E’s energy, able to energize, edge, execution? Appraisal system every manger ranked employees 5 categories, only top ones received stock? Believed continuously upgrading was key to success Toward Retirement: One More Initiative 4th strategic initiative- e business, â€Å"biggest change I have ever seen†? Knew they were late, but felt well positioned with strong brands, top ranked product reliability, great fulfillment capability, and excellent service quality†¦ thought dot com would have a hard time challenging them? Debate on how quickly and effectively GE could pull it off He always wanted and did remove all the redundant processes and extra employees. He also removed the extra layer of management and started to communicate with the businesses directly. Then he also introduced the relative rewarding system, which states that top people will get s tock options and bottom people will be fired. Due to this system everyone started to work harder as no one wanted to be in the bottom ten percent and to be fired. He also believed in training the successors and making future leaders who can replace the old leaders and put new energy into the businesses. He also believed in giving his people the best as reward and recognition. He used to say that give all the resources and power that are needed, and also give best rewards to the best people. He knew that people’s voice is very important to he arranged such a system that every single employee can be heard, his suggestions are taken seriously and his issues are resolved. This created a sense of ownership in all the employees and they felt as being important and part of the company. All these actions prove that Jack Welch was a true leader and a great manager. Due to his strong leadership, he transformed the company in to a giant Jack Welch’s management and motivation approach included three main areas: 1. Goal setting and preparing the company on a corporate level for its competitive challenges; 2. Empowering employees at all levels of the organization; and 3. Communicating his new goals and visions through the entire organization, using such tools as extensive training programs, newly formed teams and 3600 review processes. Different aspects of Jack Welch’s management tactics, in terms of motivating employees to bring about change. How difficult a challenge did Welch face in 1981 ? How effectively did he br take charge When Jack Welch assumed as CEO of GE , he had the challenge of br revitalizing the competitiveness and productive competency of the br company . This entailed the modernization and streamlining of operations br downsizing the organization , reduction of payrolls and stringent efficiency measures . Though there was significant criticism and br resistance to Welch s management in his early years as CEO , he was able br to earn the support and respect of not only GE managers but other br companies as well 6. p What is Welch s objective in the series of initiatives he launched in br the late 1980s and early 1990s ? What is he trying to achieve in the br round of changes he put in motion in that period ? Is there logic of br rationale supporting the change of process His management decisions were motivated by his opinion that leadership of the industry was the only option for the company. Like many other American companies in their industry , GE was not associated with modern management practices and considered conservative . With the entry of stiff competition from Asia , GE was being challenged not only to assert to protect its existing markets and at the same time develop new competitive competencies . Welch believed that GE needed to mitigate these advantages by implementing its own efficiency measures What is your evaluation of Welch s approach to leading change ? How br important is he to GE s success ? What implications for his replacement For a large company such as GE , the implementation of these measures need to be universal but at the same responsive to unique requirements of individual business interests . Critics of Welch point out that the br degree of success of the measures was distorted since Welch would often br opt to sell or to shut down operations when outcomes did not suit his br measures . When Welch turned over the reigns of the company , there was br great deal of expectation that his replacement , Jeffrey Immelt , to be br continue Welch s success

Fast Facts About Ancient Ephesus

Fast Facts About Ancient Ephesus Ephesus, now Selà §uk in modern Turkey,  was one of the most famous cities of the ancient Mediterranean. Founded in the Bronze Age and important from ancient Greek times, it contained the Temple of Artemis, one of the Seven Wonders of the World, and served as a crossroads between the East and West for centuries. Home of a Wonder The Temple of Artemis, constructed in the sixth century B.C., contained wondrous sculptures, including the multi-breasted cult statue of the goddess. Other statues there were constructed by the likes of the great sculptor Phidias. The temple was sadly destroyed for the last time by the fifth century A.D., after a man tried to burn it down centuries earlier. Library of Celsus There are visible ruins of a library dedicated to Proconsul Tiberius Julius Celsus Polemeanus, governor of the province of Asia, that housed between 12,000-15,000 scrolls. An earthquake in 262 A.D. dealt a devastating blow to the library, although it wasnt fully destroyed until later. Important Christian Site Ephesus wasnt just an important city for the pagans of antiquity. It also was the site of St. Pauls ministry for years. There, he baptized quite a few followers (Acts 19:1-7) and even survived a riot by silversmiths. Demetrius the silversmith made idols for Artemiss temple and hated that Paul was affecting his business, so he caused a ruckus. Centuries later, in 431 A.D., a Christian council was held at Ephesus. Cosmopolitan A great city for pagans and Christians alike, Ephesus contained the normal centers of Roman and Greek cities, including a theater that seated 17,000-25,000 people, an odeon, a state agora, public toilets, and monuments to the emperors. Great Thinkers Ephesus produced and fostered some of the brilliant minds of the ancient world. As Strabo writes in his  Geography, Notable men have been born in this city... Hermodorus is reputed to have written certain laws for the Romans. And Hipponax the poet was from Ephesus; and so were  Parrhasius  the painter and Apelles, and more recently Alexander the orator, surnamed Lychnus. Another alumnus of Ephesus, the philosopher Heraclitus discussed important thoughts on the nature of the universe and humanity. Restoration Ephesus was destroyed by an earthquake in 17 A.D. then rebuilt and enlarged by Tiberius.

Should gay marriage be legal Essay Example | Topics and Well Written Essays - 250 words

Should gay marriage be legal - Essay Example One thing, which needs to be considered is that the number of gays living in the United States is very less as compared to the people who like to have relationship with the opposite gender. Therefore, giving freedom to such people to develop relationships with the same gender does not make a big difference. From the perspective of gays, some of the reasons that support gay marriages include strengthening of social concept of marriage, sexual freedom, and freedom of choice. Gay marriage has least concern with the morality since it promotes justice, freedom, and equality. If a person wants to spend his life with a person belonging to the same gender, no one should oppose it because every person has the right to do whatever he wants to do as long as his actions do not affect the rights of any other person. Therefore, gay marriages should be held legal because it does not affect the rights of others. Warren, Patrick. â€Å"Same Sex Couples Can Avoid Unnecessary Problems By Getting These Documents In Order Now.† Ezinearticles.com, 03 Aug. 2011. Web. 23 Sep. 2011.

Criminology Compare and contrast two methods of policing Essay

Criminology Compare and contrast two methods of policing - Essay Example This essay is going to draw clear comparison between these two types of policing by giving out the major similarities and differences between the two. First, the essay will discuss the two policing strategies in order to give a clear understanding about each one of them, before highlighting the key differences and the similarities. Community policing is defined as the collaboration between the community and the police officers in identifying and controlling crimes and other forms of disorders in the society. It is also referred to as community-oriented policing in some countries. Under community policing, the role of the police officers is not only to apprehend the bad elements in the society, but rather remain committed in serving the public in all aspects. Police are required to develop ties with members of the public, an element that enables them to work closely with the people they are protecting. Community policing is said to comprise of two major components namely the community partnership and the element of problem solving. This means that police officers are expected to build good relationships with members of the public as one of the ways of making crime detection easy. This also ensures that the resources meant for providing security to the public are effectively utilized in giving the public their m ost fundamental right; right to security. There are numerous compelling reasons that have made the security departments of most countries to adopt this type of policing. Most of these reasons are grounded on the history of policing, various researches that have been conducted in the security departments, the changing characteristics of crime, the shifting nature of communities as well as the rampant growth of disorders. Crime has been on a regular change for the past few decades especially in the western countries, where by new

Critically discuss the view that modern states, political power is Essay

Critically discuss the view that modern states, political power is concentrated in an elite group - Essay Example lated to power and political science in order to ascertain the actuality of the statement that whether political power of the modern states does actually remain concentrated in the hands of an elite group or not. The paper would also aim to critically discuss the various aspects related to the mentioned view in order to decipher the actual reality of the made statement or the perceived view and the reasons supporting it. The relevant theories in relation to power which would aid in order to affirm or contend the statement that political power is usually found to be concentrated within an elite group need to be adequately explored. The fundamental theory that needs to be discussed in this regard is the pluralist theory of power. According to this particular theory, power is perceived to be possessed by quite some form of groups present in the society and which are believed to contend with one another. It has been stated in this regard that as no specific group is known to control and rule over the other existing groups so, a ‘plurality’ with regard to the contending interest in relative to the fraction of collective individuals as well as the political parties is viewed to typify the democratic form of societies (Sociology.org, â€Å"A Level Sociology: A Resource-Based Learning Approach†). The other theory that requires to be mentioned with regard to the stated form of groups in the above mentioned ‘theory of power’ is the elite theory. This specific theory entails the notion that the existence of an uncomplicated plurality with regard to the competing groups present in the society is rather replaced by a succession of contending forms of elites. These mentioned forms of elites have been explained to be the group of powerful individuals who are considered to be competent enough to enforce their personal interests and desires on the overall society (Goertzel, â€Å"Theoretical Models in Political Sociology†). The elite theory with regard to the field of

The Gestalt theory and insight

The Gestalt theory and insight The Gestalt theory and â€Å"Insight† Professor Wolfgang Kà ¶hler was one of the founders of the Gestalt psychology. The term â€Å"Gestalt psychology† was first used by Christian von Ehrenfels, the Austrian philosopher, as early as 1890 in his paper â€Å"On Gestalt Qualities†. The Gestaltism was a reaction to some contemporary psychologists. The Gestalt psychology emphasized that behavior cannot be studied by analyzing its components but, rather, it must be studied as a whole, in all its complexity. Kà ¶hler carried out a series of famous experiments during the First World War, studying the behavior of chimpanzees in solving problems. The results of the experiments led him to introduce the notion of â€Å"insight† (Einsicht), which is one of the central terms of the Gestalt psychology. Insight, according to Kà ¶hler, manifests itself in the behavior as a break in the process of learning, i.e. as a real emergence of a solution: the correct adaptive response appears suddenly without being visibly dependent direct on the tests and errors that preceded it. Once it appears, this response is stable, i.e. the subject (hominid or human) is able to reproduce it in an appropriate manner. Theoretically, a Gestalt-adepts â€Å"intuition† is described as a restructuring of the perceptive field: the subject perceives suddenly in his environment new possibilities to action that lead him almost immediately to the solution. The phenomena of conditioning and learning cannot explain this capacity of intuitive restructuring. On the one hand their sequential character actually is directly opposed to the suddenness of insight; on the other hand their associationist and analytical character does not allow the inclusion of global and structural properties of the perception-cognitive field. This conception thus confers on the brain a global capacity to process the environments perceived. To the explicative construction in terms of combination of elements, it substitutes the notion of aptitude to immediate changes of structure. The concept of insight led Duncker (1945) to proposing the general theory of problem solving. Dunckers theory (see a separate section above) is based on the concepts of insight and field. For Duncker, a problem situation comes about when an organism has a goal but does not know how to reach it. The solution, which eliminates this situation by enabling the realization of the goal, generally consists of several successive stages, each marking a progress relative to the foregoing stage. The basic question then is how to advance from the one stage to the other. To answer it, Duncker reuses certain concepts developed by Selz (Mayer, 1992). Selz proposed some of the major ideas in cognitive psychology and formulated the firs non-associationist theory of thinking. Among his seven theses on thinking processes the most remarkable ones are the following: Directed association generates the unit of thought; Forming a structure leads to understanding a problem; Testing for conditions results in solving a problem. Selz gave the following general description to the solution of any problem: Let ?Rb be the structure of a situation in which the task is to find what ‘? covers. Perhaps an individual keeps in his memory the complex aRb, which partially correspond to ‘?Rb. From this, the element a is disclosed. Reaching the solution thus takes place according to a phenomenon of â€Å"resonance† between some generalized objects. In general, â€Å"resonance† can be described as an original combination of known elements. The origin of the combination may be internal (it is the result of imagination), or external (induced verbally). In fact, not every correspondence of a signal to an object implies necessarily a resonance between the object and the signal. It is necessary that the signal be adequate to the object, which means that it should satisfy several conditions: it must be, among others, complete, concise, conformist, etc. The process of problem solution depends closely on the structure of the situation and above all on the â€Å"availability† of the elements of which the solution consists. The elements, in fact, are not distributed randomly, but according to a characteristic organization, whereby some of them stand out. Duncker illustrates this notion by the problem of rays: how can a tumor be destroyed by means of radiation without damaging neighboring tissue? Two test subjects were used to answer the question. To the first group of test subjects the problem was described in the active voice: â€Å"The radiation might destroy also the healthy tissue. How can this be avoided?† The second group of test subjects got the same task, but this time expressed in the passive voice: â€Å"The healthy tissue might also be destroyed. How could it be protected from being damaged by radiation?† The results show that in the first group, 43 % of test subjects link their solution to the intensity of the radiation used. In the second group only 14 % focus on the intensity of radiation. The simple verbal structure of the problem description is sufficient for making the component â€Å"intensity of radiation† less prominent in the latter case than in the former. Last but not least, what is essential in the process of problem solving is the change manifesting itself in that the subject operates in a psychological structure of the situation perceived. This sudden restructuring is nothing else than the insight, the role of which is decisive. How then can the thought handle a given data field to extract from it pertinent information? One could say that the relation between two sets of data A and B is â€Å"totally distinguishable† if it is possible to grasp directly that the affirmation of A implies that of B. A connection will be â€Å"partially distinguishable if only certain traits of B can be grasped or understood parting from A. To explain the existence of such relationships there are, according to Duncker, two traditional responses: either the set B already is contained in A and can be analytically separated from it, or the functioning of the thought is such that that it always must reconnect A and B (a synthetic explication). If different events that compose the universe were not mutually related according to some law, the thought would evidently have no practical efficacy. In reality, these relations must be described not as fixed couplings of defined elements, but rather as a constant structure of variabl es. The principal cause of an effect â€Å"b† may be grasped by abstraction of factors that all possible situations â€Å"b† have in common, as well as those factors that all possible situations â€Å"non-b† do not have in common. It is a process of â€Å"precipitation† of a common aspect of coverage, parting from the inspection of a set of situations belonging to the same class. The result of the precipitation is a change in the configuration the situations envisaged. These situations thus acquire intelligibility that resides in the fact that they are reducible to a general law. This phenomenon can be called, writes Duncker, â€Å"insight of the second degree†. The various elements of a situation, as has been seen, can present very variable degrees of â€Å"availability†. The availability of an object is actually an inverse function of what the author calls its â€Å"fixedness†. For instance, a chimpanzee looking for a stick from which to make a tool, like in Kà ¶hlers experiment, does not recognize it in a branch if the latter still is attached to the tree. In this context the branch constitutes a part of the perceptive unit called â€Å"tree† and, because of this fixedness that anchors it in a definite situation, it is less available for entry into another situation than when it is detached and lies on the ground. Beside this perceptive dependence, the fixedness can also be conditioned functionally. Several of Dunckers well-known experiments reveal that. For instance, two groups of test subjects must discover in a heterogeneous set of objects one that can serve as a counterweight: in this case a book of logarithms. But, before that, one of the groups had first to resolve a mathematical problem requiring the use of the logarithmic tables. It was found that the members of this group less often identify the book in point as a counterweight than do the others. Because of its foregoing usage, which has â€Å"fixed† it as part of a certain function, it is no longer available for a new re-structuring. Another question emerges as a consequence of these results: how can one explain that the perceptive restructurings necessary for a discovery are, according to the individuals, more or less easy? Taking mathematical reasoning as an example, Duncker distinguishes two possible applications: Subjects weak in mathematics are not capable of restructuring easily, because their thinking matter is too rigid, strongly fixed. With individuals gifted in mathematics, there is an abstract level on which the perceptive functions do not interfere, but where only specific mathematical properties are considered. The former hypothesis has a degree of plausibility but it cannot be upheld: in fact, it can be stated that with subjects who are strictly mathematically oriented the perceptive restructuring plays a considerably greater part than with â€Å"ordinary† subjects. Duncker supports, however, the second explanation: it is the different role of perceptive structuring, where the difference refers to the degree with which the material of the thought is organized in depth. This causes the variations in individual performance. It is known that there are subjects of the visual type, with whom the intellectual activities always repose on visual images. By the same token, according to Duncker, many people are unable to explore and treat the problem material if it is not totally permeated with perceptive structures. It has been shown that the Gestalt theoretical notion of insight makes it undeniably possible to describe a plurality of phenomena that are allowed in the problem solving behavior. The notion has fulfilled a certain scientific function in the psychology of the last 100+ years. This advantage is, nevertheless, negatively compensated by a major explicative inability: the concept of intuition rests, almost by definition, out of reach for analysis, and therefore it cannot be included in the causal chain. It thus generates many questions that cannot be answered. Pavlov had noted it immediately and reproached Kà ¶hler for having introduced the â€Å"dualism† and the â€Å"mentalism† in the study of higher processes. If the notion of intuition largely appears as a theoretical instance, is it possible at least to give it precise objective content? Westcott tried to find the answer to this question (see further down). Westcott In his 1968 work, Westcott studied intuition by resorting exclusively to the experimental method. He conceived it initially as a form of inferential behavior and defined it operationally as the fact that an individual solver has attained a solution using less information than is usually necessary. If then for solving a particular problem P, the majority of the population p needs the quantity of information I, any individual who attains the solution using a quantity of information that is less than I displays intuitive behavior vis-à  -vis P. This definition, which is perfectly satisfactory from the scientific point of view, introduces the adoption of differential perspective: the human subjects are more or less intuitive in the same manner as they are more or less intelligent or creative. In his first experimental research Westcott used four kinds of tasks defined by the increasing variety of the type of material (verbal or numerical) and of the type of response (completing series or establishing analogies). These four categories of problems did not require any specialized knowledge, which assured that the test subjects (in Westcotts case students) could be viewed as equals. In solving tasks involving completion of series, the test subjects had at their disposal a set of examples the use of which improved the chances of attaining a solution. The same goes for the problems involving analogies, where the subject was allowed to use as many examples of relations as he pleased. Westcott called every example or additional stage that led to the goal the clue. Each test subject was required to use both the least possible number of clues, and rank, on a four-point scale, the certainty he attaches to each of his responses. Under these experimental conditions, Westcott defined four measures of performance: The quantity of the information used. Instead of the coarse number of clues used by an individual before proposing a solution, it is preferable to ponder the value of the clues used as a function of the mean and the typical spread in the population. The number of correctly solved problems of those twenty that constitute a complete series. The ratio of success (foregoing score) to information demand (first score). This ratio is called efficacy. The mean value of ratings assigned by the subjects to their responses in the twenty problems. The eleven samples studied did not differ with respect to these four measures. In particular, no significant differences are visible between girls and boys. On the other hand, each sample displays a large variability with respect to the scores of the individuals comprising the group, which gives credibility to the idea that individual capabilities differ vastly from person to person. The principal results can be summarized as follows: No correlation exists between successful solving of the tasks and the quantity of information demanded, which a priori could look like a little paradox. But, rather, this result shows that intuition constitutes a differentiating feature: the use of information collected varies greatly from person to person and is independent of the quantity alone. What is important is not the volume of what is received, but rather the specific treatment that the input data receive. Westcott was interested in subjects whose scores were extreme with respect to the two dimensions specified previously. He thus put together four groups corresponding to as many groups of individuals: those who require little information, yet often are successful. Such persons are by definition intuitive subjects, representing no more than 6 % of the total population. those who require little information, but are seldom successful. They are the â€Å"guessers†, free from a real intuitive process. those who need a great deal of information and are often successful. Their performance is prudent, as they never attempt anything if they are under informed. finally, there are those who require a great deal of information and fail most often. They are unable to use information correctly even if the information available is abundant. In all samples studied, a positive correlation exists between success and the degree of confidence in the solutions proposed, which indicates that the test subjects are sufficiently aware of their performance. By contrast, the correlations between confidence and the quantity or information demanded are all negative. It means that the more information a subject demands, the less confidence he has in the responses he gives. Finally, the correlations between confidence and the efficacy score are all positive. Westcott then tried to establish relations that might exist between the four scores mentioned and various aptitudes or personality traits measured by means of various tests. He found a negative correlation between the information demand and the verbal and numerical factors of intelligence, while success, too, seems to be positively related. This confirms the results showing that using intuitive thought seems to go hand in hand with high intelligence. As for personality traits, success is negatively correlated with anxiety. The same goes for the efficacy score, which is also positively related to flexibility. In other words, the subjects who need little information seem to be less stable and more engaged in what they are doing than are subjects who demand much information. The former are also less conformist and less sociable. Finally, the subjects who often succeed tend to be more confident in themselves, while those who often fail are more anxious. The capacity to resolve problems i ntuitively thus belongs to a specific set of personality traits. In the second part of his research, Westcott was interested in the behavior of perceptive inference, conceived a different field of manifestation of the intuitive thought that does not differ fundamentally from problem solving. How do individuals categorize their universe of perceptions? Here, too, the quantity of the information demanded will be considered on the one hand, and the ability to formulate valid conclusions in a perception related task on the other hand. The experimental material used consisted of several images borrowed from childrens books. Each image was cut into a series of seven or eight blocks arranged in the increasing order of completeness. The elements of information occurring in a specific block reappeared evidently in the neighboring block, whereupon the original design gradually re-emerged in its totality. The pictures were presented individually to each subject, beginning by the least complete block, such as a simple sketch of some features. The subjects got the instruction to identify the design as soon as they could, i.e. using the least possible number of blocks. There were thus two different passing conditions: first, the images were presented in the increasing degree of completeness and for as long a time as the subject desired. He could give as many responses as he pleased until he succeeded. Evidently, two measures can be applied here: the mean of the number of responses at which the first attempt to identification is made, and the mean of the number of responses at which the correct answer is given. In the second procedure the subjects could only give one response. The sequence was, however, broken as soon as response, good or wrong, was given. Three scores can be defined here: the mean of the responses corresponding to the demand of information in attempts to resolve the problems; the total number of correct identifications corresponding to the measure of success; and the ratio of the second to the first measure of efficacy. The experiments were carried out on 17 samples, where the age of the test subjects ranged from tender childhood to adulthood. It was thus possible to study individual differences at a given age on the one hand, and the differences between groups as a function of age and the level of education. Westcott has, for instance, established a correlation between the success at examinations and the IQ. This relation seems positive, which confirms the results of the foregoing experiment. Yet, this coarse piece of data for aptitude in mathematics is differentiated according to age. With the youngest ones this aptitude accompanies the higher scores of success and efficiency, while the students results show that this aptitude depends to a lesser degree on efficiency and on a higher demand of information, which does not necessarily accompany success. In other words, Westcott studied the relations between intuitive performance and creativity. The method used consisted of requiring that the teachers teaching the test subjects explain explicitly their own definition of creativity and then rank their students in accordance with this definition. In one of the samples, for instance, the teacher defined creativity by contrasting it to simple imagination and supposed that it requires aggressiveness, initiative, and a minimum of intelligence. Of the 26 test subjects, four most creative and four least creative subjects were selected using this concept. As for the mean number of correct responses obtained, it was found that the most creative students appeared among the top seven individuals, and the least creative ones occupied the bottom five posts. In another sample, the teacher defined creativity by distinguishing it from intelligence, and associating it with flexibility and original expression of oneself. In view of this definition five very creative students along with four very little creative students could be identified. The results obtained confirm those of the foregoing sample: the less creative ones occupy the four lowest tiers as for the number of correct responses provided in the test of perceptive inference. Thus, in the ensemble there is a strong correlation between intuitive behavior and the estimated individual creativity. According to Westcott, the opacity that characterizes the phenomenon of intuition may be due to three causes: it can follow from the fact that certain elements included in the process are inconscient; it can follow from the fact that the relationships between these elements are inconscient; or it can follow from the fact that these elements are comprised in the multiple and complex contexts obtained subliminally, peripherally or accidentally. It is also necessary to note that the intuitive behavior is useful and necessary only in certain situations. In general, our environment is very redundant, it is well informed. It could be said that the same thing is true about creative behavior the emergence of which mostly remains an exceptional phenomenon. Westcotts results make it possible to give a real content to the notion of intuition: the definition of explicit experimental operations permits, at least partially, to eliminate myths about intuition and treat it as a behavior. Of course, these initial results must be largely completed, but they already sketch the path of additional approach to the creative process.

A Comparison of Barna di Siena’s Mystic Marriage of Saint Catherine and

A Comparison of Barna di Siena’s Mystic Marriage of Saint Catherine and Rogier van der Weyden’s Saint Luke Drawing the Virgin and Child Development in art often follows two tracks: development over a period of time and also differences in regional development. Both changes are seen in the comparison of Barna di Siena’s Mystic Marriage of Saint Catherine and Rogier van der Weyden’s Saint Luke Drawing the Virgin and Child. Originating in Italy, the Renaissance began in the mid to late 13th century. Barna da Siena was one of the early Renaissance artists influenced by Duccio di Buoninsegna and Simone Martini. Barna di Siena’s painting is dated around 1340 and Rogier van der Weyden’s painting was painted nearly a century later around 1435. Rogier van der Weyden had the advantage of development in perspective and modeling that developed over time, but was also from the Flemish school of art, a style totally different from that of the early Italian Renaissance artists. What lends these paintings so readily to comparison is the fact that the general symmetrical composition of two main figures and the sizes of the two are approximately the same. However, it is clear that a century and a different region has created stylized differences that are very clear. Barna di Siena’s Mystic Marriage of Saint Catherine exhibits a highly dramatic style that was not seen in his mentor nor in his fellow student Lippo Memmi’s work. The symmetric composition consists of two main figures, Saint Catherine and the adult Jesus. In the painting, Jesus is seen placing a ring on Saint Catherine’s finger and taking her as his spiritual bride. Both figures appear to be very light and frail and the draperies they wear do not show the human f... ...rlapping figures, relative positioning from the ground line and also the illusion of making parallel lines join somewhere far away in the distance. These two paintings represent typical examples from 14th century Italian artist, Barna da Siena, and 15th century Flemish artist, Rogier van der Weyden. Both images depict two main characters in a rather symmetrical composition and are of large size. However, it is clear that over a century and different region the stylized differences are very clear. Realism, the style of Flemish artists at the time, with all of its detail, is quite different from the large, flat shapes of color in Barna da Siena’s painting. Just by looking at the two, it is evident that the second painting is more advanced and developed. Art continues developing along different tracks today and who knows what art will develop into in the future.