Under Article 223-6 of the French Penal Code(Chapter

Under Article 223-6 of the French Penal Code(Chapter Under Article 223-6 of the French Penal Code(Chapter III, Section 3)..'anyone who wilfully fails to render to a person in danger any assistance which, without risk to himself or to third parties, he could render him either by his own action, or by initiating rescue operations..' is punishable by imprisonment and fine. Essay Question: What is the criminal law in England and Wales on liability for omissions to act? Having regard to the above extract from the French Penal Code, critically discuss whether the current English Law on this issue should be changed. The criminal law in England and Wales on liability for omissions to act: Unlike the French Penal code, which provides a general duty on all persons to assist others in peril according to their abilities, breach of which is a specific offence in its own right, English criminal law does not impose a general duty to act to save other people or property from harm, even if this could be done without any risk or inconvenience. For example, a man who simply stands and observes a child drowning in a shallow pool when he is in a position to easily rescue it should he choose to do so, commits no offence under English law, because he is not under a duty to rescue it. A duty to act may however arise under a contract, the most obvious example being where the failure to fulfil a contractual obligation is likely to endanger the lives of others. Liability is not necessarily precluded by the injured person not being a party to the contract; in the case of Pittwood[1], the defendant, who was a level-crossing keeper, in breach of his contract of employment, failed to close the gate when a train was approaching, resulting in someone dying on the crossing. Wright J confirmed that criminal liability can be incurred from a person’s failure to perform their contractual duty and held that, in this case, a duty was owed to the road users even though, prima facie, the contractual obligation was owed only to the railway company. A person who holds a public office, such as a police officer, may also be under a duty to care for others. For example, in the case of Dytham[2], a uniformed police officer failed to act when he saw a man being kicked to death a few yards away and was convicted on charges of ‘misconduct in a public office’. Likewise, a parent is under a duty to save his/her young child from harm; a parent who has allowed his/her baby child to starve to death may, depending upon his/her state of mind, be convicted of murder or manslaughter[3]. Other close relationships may also involve a similar duty[4], such as between a husband and wife, although this particular example might be more akin to a contractual duty arising from the contract of marriage than to the duty in the above example. The voluntary carer of a person unable to look after him/herself is also bound by a duty of care towards that person under English criminal law. In Nicholls[5], the defendant received a young child into her care, on the death of that child’s mother. Brett J directed the jury that if a person chooses to take on the care of someone who is helpless, either from infancy, infirmity or mental illness, he is bound to execute that responsibility and, if he allows him/her to die, he may be guilty of manslaughter. In Stone[6], this principle was extended to include situations where a person does not overtly accept the responsibility of carer, but where the situation has lead to such; for example, in a situation where two people have lived together for some time, and the health of one of those people deteriorates to a state where they become dependent upon the other for care, then the court may be prepared to imply a voluntary undertaking of care from the very fact that the healthy party did in fact oblige[7]. Such a duty will of course be extinguished if the relationship between these two parties should end, or if the ill party orally releases the other from his/her responsibilities [providing of course that the party is in a state capable of making a rational decision]. An example of this latter situation might be a patient releasing her doctor from his duty of care towards her by instructing him that should she become ill, she does not wish to be treated. Such an advance refusal will only be effective if the patient is fully compos mentis, has not been unduly influenced in respect of her decision and has contemplated the actual situation which will arise, understanding all the consequences of refusing treatment in such a situation[8]. A duty of care can also arise from an accident; where the accused inadvertently and without the appropriate mens rea performs an act which places a person or property in danger, but before the resulting harm is complete, becomes aware of the train of events caused by his inadvertent act, then that party is, by virtue of the English criminal law, under a duty to take such steps as lie within his power to try to prevent or reduce the risk of harm; if he does not, then he may be criminally liable for the consequences. The case authority for this special duty situation is the case of Miller[9], in which the defendant had, quite by accident, fallen asleep in the plaintiff’s house with a lit cigarette in his fingertips. He awoke to find that he had set the mattress of the bed, in which he was sleeping, alight, but rather than raising alarm or trying to extinguish the fire, he simply went into the adjacent room and fell asleep in there. The House of Lords affirmed his conviction for arson, contrary to s1(1) and (3) of the Criminal Damage Act 1971, as he was in breach of his duty to take reasonable care to extinguish the fire which he had accidentally caused, being in a position to do so. As yet there is no clear authority on how much of a risk a person under such a duty to act might be expected to run in order to perform that duty, but the common law duty requires ‘reasonable’ steps to be taken, a criterion which will be assessed in light of all the circumstances of the particular case in question. So far we have focussed our discussion around the duties of ordinary citizen’s in daily life as developed by the English common law. It should be noted that there are also in place many statutory schemes of regulation in regard to industry and commerce, such as the offence of failing to comply with a limitation, condition or notice contrary to the Radioactive Substances Act 1993. There are also statutory schemes for the distribution of public money, such as the failure to notify a change of circumstances under the Social Security Administration (Fraud) Act 1997, and schemes for other licensed regulated activity such as failing to report a road accident. These statutory schemes are simple rules which must be followed as a condition of engaging in these activities, and are relatively non-contentious in their lack of general application to the ‘ordinary citizen’. Critical discussion regarding the issue of whether the current English Law, as described above, should be changed so as to be more like the law contained in Article 223-6 of the French Penal Code(Chapter III, Section 3): As we have seen from the above description, English criminal law does not generally criminalize the failure to render assistance to another citizen who is in peril, even where such assistance would be easy and cause no harm to ourselves. In contrast, the law under Article 223-6 of the French Penal Code (Chapter III, Section3), as quoted within the question of this essay, does create a general duty to rescue, and does criminalise such omissions. The position of the English criminal law in not generally criminalising such omissions might be defended on grounds that the vagueness of the terms involved with criminalizing such omissions [such as ‘reasonable steps’] would leave citizens with no clear warning of what they must do and when [the principle of ‘fair warning’]. It may also be defended on grounds that this resulting uncertainty would have a weakening effect on the rule of law and would also lead to too great a reliance on prosecutorial discretion in defining the effective scope of such omission criminalisation. The English position might be best defended however by adherence to the principle of autonomy; â€Å"the imposition of a duty to act restricts one’s liberty to pursue one’s own ends and desires by requiring one to do a particular thing at a particular time.† The position of the French Penal Code in generally criminalising such omissions might be defended on grounds that more important than the principles of fair warning, rule of law and individual autonomy is the protection of human life and human safety. A. Ashworth and E. Steiner[10] argue that Article 223(2) is a deliberate attempt to set the protection of one citizen’s life or safety above the protection of the maximum liberty of other citizens. The position might also be defended by the fact that since its introduction in 1941, this French Penal Code, responsible for generally criminalising a failure to rescue, has not been considered oppressive[11] in the way that vehement advocates of the English approach might lead one to believe such a law would. The truth is that both the English and the French approach in regards to liability for omissions to act have their respective shortcomings. The English approach does not afford enough weight to the worthy protection of the fundamental interest in human life and safety; the French approach does not afford sufficient attention to the worthy principles of autonomy, fair warning and the rule of law. Perhaps the solution therefore would be a compromise? I believe that the lesson English criminal law should learn from the Penal Code of our Continental comrades is the importance in recognising the harms involved with not helping a person who is in peril; English law must retain its firm stance with regards autonomy, fair warning and rule of law, but simultaneously afford a greater degree of attention to the protection of the fundamental interest in human life. As M. A. Menlowe[12] writes: â€Å"†¦when fundamental interests are involved (life, physical integrity), we should pause before accepting that an individual’s freedom of action is more valuable than a requirement to carry out a non-burdensome rescue.† In conclusion therefore, I would argue that perhaps a compromise should be employed by the English criminal law; a ‘duty of easy rescue’. The law should criminalise omissions to rescue those in peril where such a rescue is a simple and harmless task, but should not punish someone for not engaging in a rescue attempt when the risks associated with such a rescue are uncertain and complicated. Pessimists might argue that it would be too difficult to create a law which attempted a balance between on the one hand the respect for autonomy, adherence to the principle of fair warning and adequate protection of the rule of law, and on the other, a respect for protection of the fundamental interest in human life, but such critics should bear in mind that these three former principles are often found balanced with other interests throughout English law. As Feinberg remarks: â€Å"similar line-drawing problems exist throughout the law, and most have been found manageable.[13]† Bibliography A. Ashworth and E. Steiner ‘Criminal Ommissions and Public Duties (1990) 10 Legal Studies 153 A. Ashworth, ‘Principles of Criminal Law’, 3d. Oxford University Press 1999 p50 M. A. Menlowe. ‘The Philosophical Foundations of a Duty to Rescue,’ in M. A. Menlowe and A. McCall Smith (eds), The Duty to Rescue (1993) Feinberg, Harmless Wrongdoing, xii, summarising his argument in ‘Harm to Others’ 150-9 (1984) Cases cited: Pittwood (1902) 19 TLR 37 Dytham [1979] 3 All ER 641 Gibbins (1918) 82 JP 287 Smith [1979] Crim LR 251 Nicholls (1874) 13 Cox CC 75 Stone [1977] QB 354 Re T [1993] Fam 95 Miller [1983] 2 AC 161 Footnotes [1] Pittwood (1902) 19 TLR 37 [2] Dytham [1979] 3 All ER 641 [3] Gibbins (1918) 82 JP 287 [4] Smith [1979] Crim LR 251 [5] Nicholls (1874) 13 Cox CC 75 [6] Stone [1977] QB 354 [7] Stone [1977] QB 354 [8] These criteria were first set out in the case of Re T [1993] Fam 95 [9] Miller [1983] 2 AC 161 [10] A. Ashworth and E. Steiner ‘Criminal Ommissions and Public Duties (1990) 10 Legal Studies 153 [11] A. Ashworth, ‘Principles of Criminal Law’, 3d. Oxford University Press 1999 p50 [12] M. A. Menlowe. ‘The Philosophical Foundations of a Duty to Rescue,’ in M. A. Menlowe and A. McCall Smith (eds), The Duty to Rescue (1993) [13] Feinberg, Harmless Wrongdoing, xii, summarising his argument in ‘Harm to Others’ 150-9

Equality vs. Athletics Essay -- Title IX Sports Women Essays

Equality vs. Athletics In 1929, the 19th Amendment gave women the right to vote. This was a breakthrough for America and an enormous step towards equal opportunities for women everywhere. Being given the right to vote created a sense of long awaited and greatly deserved equality with men. Even though women were given the right to vote, over 70 years ago, the government still has to make a law to ensure that equal treatment is given. Title IX was instated in 1972 to provide women with the same athletic opportunities as men in universities across the United States. While Title IX has helped advance female athletics, there are arguments that it has discriminated against male athletics. Attorney Curt Levey makes a drastically bias argument against Title IX in his article, Title IX’s Dark Side: Sports Gender Quotas. The argument focuses on the pressures of upper level schools complying with Title IX’s proportionality rule, the lack of female interest in intercollegiate athletics, and the bit ter cutting of several men’s teams since Title IX was established. Levey, along with many others opposed to Title IX, seem to think the law is slowly destroying male athletics, which was not what it was intended for and definitely is not the case. Title IX was created in order to provide women with equal opportunities in intercollegiate athletics, and that is exactly what it has done so far and what it will continue to do. Levey’s first problem with Title IX and its attempt to increase women’s athletic opportunities, found in paragraph four, is directed towards the proportionality rule (Levey 626). The proportionality rule is one of three options schools are given to comply with Title IX. This requires high schools, colleges, and u... ...een sitting on the bench for years, and now it’s time for men to â€Å"take one for the team.† Work Cited Bestwick, Dick. â€Å"Title IX’s proportionality rule is patently unfair to men.† Athens Banner-Herald. 2 Feb. 2003. 16 Apr. 2003. Levey, Curt. Title IX’s Dark Side: Sports Gender Quotas. Good Reasons with Contemporary Arguments. Needham Heights: Pearson, 2001.626-627. Rpt. in The Humanist. The National Coalition for Women and Girls in Education. Title IX at Thirty: Report Card of Gender Equity. June 2002. The National Coalition for Women and Girls in Education. Title IX Athletics Policies: Issues and Data for Education Decision Makers. Aug 27. 2002. The Secretary of Education’s Commission on Opportunity in Athletics. â€Å"Open to All† Title IX at Thirty. Feb 28. 2003. Equality vs. Athletics Essay -- Title IX Sports Women Essays Equality vs. Athletics In 1929, the 19th Amendment gave women the right to vote. This was a breakthrough for America and an enormous step towards equal opportunities for women everywhere. Being given the right to vote created a sense of long awaited and greatly deserved equality with men. Even though women were given the right to vote, over 70 years ago, the government still has to make a law to ensure that equal treatment is given. Title IX was instated in 1972 to provide women with the same athletic opportunities as men in universities across the United States. While Title IX has helped advance female athletics, there are arguments that it has discriminated against male athletics. Attorney Curt Levey makes a drastically bias argument against Title IX in his article, Title IX’s Dark Side: Sports Gender Quotas. The argument focuses on the pressures of upper level schools complying with Title IX’s proportionality rule, the lack of female interest in intercollegiate athletics, and the bit ter cutting of several men’s teams since Title IX was established. Levey, along with many others opposed to Title IX, seem to think the law is slowly destroying male athletics, which was not what it was intended for and definitely is not the case. Title IX was created in order to provide women with equal opportunities in intercollegiate athletics, and that is exactly what it has done so far and what it will continue to do. Levey’s first problem with Title IX and its attempt to increase women’s athletic opportunities, found in paragraph four, is directed towards the proportionality rule (Levey 626). The proportionality rule is one of three options schools are given to comply with Title IX. This requires high schools, colleges, and u... ...een sitting on the bench for years, and now it’s time for men to â€Å"take one for the team.† Work Cited Bestwick, Dick. â€Å"Title IX’s proportionality rule is patently unfair to men.† Athens Banner-Herald. 2 Feb. 2003. 16 Apr. 2003. Levey, Curt. Title IX’s Dark Side: Sports Gender Quotas. Good Reasons with Contemporary Arguments. Needham Heights: Pearson, 2001.626-627. Rpt. in The Humanist. The National Coalition for Women and Girls in Education. Title IX at Thirty: Report Card of Gender Equity. June 2002. The National Coalition for Women and Girls in Education. Title IX Athletics Policies: Issues and Data for Education Decision Makers. Aug 27. 2002. The Secretary of Education’s Commission on Opportunity in Athletics. â€Å"Open to All† Title IX at Thirty. Feb 28. 2003.

Managing Operational Activities to Achieve Business Results

London School of Science & Technology ASSESSMENT COVER SHEET – RESIT Unit Number and Title Assessment Title Course Title Assessment Code Hand Out Date Unit 15: Managing Business Activities to Achieve Results Managing Operational Activities to Achieve Business Results HND Business HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 01st March 2013 Hand In Date 11th May 2013 Lecturer(s) Anup Bista Adrian Gauci Dhaneswar Chooramun Internal Verifier Jonathan Cartmell Course Notes / Slides / Activities / Handouts. 1.Recommended Learning Textbooks: BPP (2010) Management: Communication and Achieving Results – Business essentials – supporting HNC/HND and foundation degrees, BPP Learning Media: London Slack N. , (2007) Operations Management, 5th Edition, Financial Times: Prentice Hall Watson, G. and Gallagher, K (2005) Managing For Results, London: CIPD. 2. Recommended BMW Documentaries on Business Activities: CNBC Documentary – BMW Quality Processes http://www. youtube. com/wat ch? v=OPSCh3Ys_B8 National Geographic – Megafactories Doc BMW / Mini Quality http://www. outube. com/watch? v=kk98q1N4XXI 3. Recommended Learning Weblinks: www. bsieducation. org (British Standards Institution) http://www. bmwgroup. com (BMW Education) http://www. wincanton. co. uk (Supply Chain Management) www. times100. co. uk (Times Resources) http://www. quality-foundation. co. uk(UK Quality Foundation) http://www. efqm. org/ (EU Foundation Quality Management ) Sources of information To be filled by the student Student Name Student ID Lecturer Group(e. g. ) HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 1|Page London School of Science & TechnologyAssessment Requirements †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ An electronic copy of your assessment must be fully uploaded by the deadline date and time. You must submit one single PDF or MS Office Word document. Any relevant images or screenshots must be included within the same M S Office Word or PDF document. The last version you upload will be the one that is marked. The file size must not exceed 20MB. Answer the criteria in order, clearly indicating the CRITERIA number. Ensure that all work has been proof-read and checked prior to submission.Ensure that the layout of your documents are in a professional format with font style Arial, font size 12 for the text, font 14 for sub heading and font 16 for main heading, line spacing 1. 5 and justified. Use the Harvard referencing system and provide references [e. g. (Smith, 2011)] within the text and an entry in a references list. Otherwise it will be considered as plagiarised work. Ensure that you back-up your work regularly and apply version control to your documents. Ensure that any file you upload is virus-free, not corrupted and not protected by a password otherwise they will be treated as a non-submission.You must NOT submit a paper copy or email of this assessment to any member of staff at LSST. Your work must be original with the appropriate referencing HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 2|Page London School of Science & Technology WHAT TO DO: You are required to read the following scenario and attempt all tasks given in the table below by relating your response to the context of the given organisation in the scenario. CASE STUDY Imagine you are the Operations Manager at the BMW Headquarters in Munich.You have been asked by the Board of Directors to review the below business activities to improve the operations, quality and efficiency of a BMW manufacturing plant in the UK. Your review will be used by the Board of Directors to improve the operational activities such as BMW’s business functions, processes and quality standards to achieve better results in 2014. The review should be structured to cover areas of: TASK 1 – Business processes in delivering outcomes based upon business goals and objectives. TASK 2 – Plans for own areas of responsibility for managin g business activities.TASK 3 – Monitoring appropriate systems to improve organisational performance. TASK 4 – Managing health and safety in the workplace. Due to the continuous changing nature and complexity of managing business activities within an organisation, you are required to research, gather and present the appropriate information. This will include the use of management theories and practical examples applicable to BMW company. You are to present your responses in a detailed report format to fulfill each Pass Criteria with appropriate Harvard Referencing technique for the tasks below.Additional Information/Advice: A support textbook is also available for this Unit, which you may find helpful to explore theoretical knowledge and understanding. You may also access the following links to carry out your further research to support your responses with some practical examples in the context of BMW company. YouTube – Official International BMW Channel http://w ww. youtube. com/user/BMW CNBC Documentary – BMW Quality Processes http://www. youtube. com/watch? v=OPSCh3Ys_B8 National Geographic – BMW – Megafactories Series Documentary http://www. youtube. com/watch? =kk98q1N4XXI HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 3|Page London School of Science & Technology PART A – PASS CRITERIA ONLY Pass In order to achieve Pass, students must achieve all the pass criteria below. TASK 1: Business processes in delivering outcomes based upon business goals and objectives. PASS CRITERIA 1. 1 (Approx. 150 words) Recommended interim deadline 9th March Describe briefly the importance of two core organisational functions and evaluate the interrelationship between these functions in managing business activities to achieve results in a company like BMW.Guidelines: In order to complete the above task, your answer should: †¢ Include a definition of what operations management is as a function. Identify the two most important function s for business operations at BMW. †¢ Establish the interrelationship between at least two chosen functions above and evaluate how each function operates, interacts and supports to each other in operation. †¢ Bear in mind, your response should relate to the given company BMW in the scenario. In answering this question, you will have covered the following assessment criterion: †¢ 1. Evaluate the interrelationship between the different processes and functions of the organisation. PASS CRITERIA 1. 2 (Approx. 150 words) Recommended interim deadline 15th March Explain the adopted economic system approach (i. e. input – output model) including transformation process within BMW and evaluate the effectiveness of the used forms of transformation process to achieve operational objectives. Guidelines: In order to complete the above task, your answer should: †¢ Provide evidence to demonstrate the adopted system approach such as input, output and method of transformatio n.Expand your thoughts into â€Å"the transformation process† of operations management including at least one example for each material, customer and information processing operations. †¢ Describe the effectiveness of the used forms of transformation processes to the context of the operation to map processes for achieving operational objectives. †¢ Bear in mind, your response should relate to the given company BMW in the scenario. In answering this question, you will have covered the following assessment criterion: 1. 2 Justify the methodology to be used to map processes to the organisation’s goals and objectives.PASS CRITERIA 1. 3 (Approx. 150 words) Recommended interim deadline 24th March Describe the role of quality gateways in mapping operational processes and evaluate how processes can be designed in order to achieve targeted output, using BMW as an example. Guidelines In order to complete the above task, your answer should: †¢ Include the meaning o f quality gateways and discuss its role in transformation process. †¢ Include the content of a ‘process map model’ in your response if required. HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 4|Page London School of Science & Technology †¢ Evaluate how quality gateways will help to map the operational processes in order to achieve targeted output. Relate to the given company BMW in the scenario. In answering this question, you will have covered the following assessment criterion: 1. 3 Evaluate the output of the process and the quality gateways. TASK 2: Plans for own areas of responsibility for managing business activities. PASS CRITERIA 2. 1-2 (Approx. 150 words) Recommended interim deadline 11th April Briefly explain what you understand by setting up ‘SMART Objectives'. Write two SMART objectives that BMW should embrace to improve quality.Create one operational plan with five stages for one of the above SMART objectives by applying MBO or Planning Hierarchy and Planning Process Models. Guidelines In order to complete the above task, your answer should: †¢ Include at least two SMART objectives for BMW and explain why they are SMART. †¢ Review the concept of MBO again in setting your smart objectives to align people and other resources in an efficient and effective way. †¢ Your plan should promote collective goals and objectives by applying MBO or Planning Hierarchy and Planning Process Models.In answering this question, you will have covered the following assessment criterion: 2. 1 Design plans which promote goals and objectives for own area of responsibility. 2. 2 Write objectives, which are specific, measurable, achievable, realistic and time-based to align people and other resources in an effective and efficient way. PASS CRITERIA 2. 3 (Approx. 150 words) Recommended interim deadline 20th April Identify two appropriate systems and explain how they can be implemented effectively in order to achieve the set SMART objectives by meeting organisational standard of quality.Guidelines In order to complete the above task, your answer should: †¢ Include systems such as ‘accounting/finance system’, ‘management information system’, EDI, ERP, SCM, CRM, the quality system’, ‘CPA (Critical Path Analysis) and PERT (Project Evaluation & Review Techniques) etc. †¢ Consider at least two appropriate systems given above and explain their effectiveness to achieve the set objectives in most efficient way. †¢ Relate to the given company BMW in the scenario. In answering this question, you will have covered the following assessment criterion: 2. Implement appropriate systems to achieve objectives in the most efficient way, on time, to budget and meeting organisational standards of quality. HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 5|Page London School of Science & Technology PASS CRITERIA 2. 4 (Approx. 150 words) Recommended interim deadline 23rd April Identify the Project P lanning model/tools and discuss how you utilise one of these techniques either (i) Project Evaluation & Review Techniques (PERT) or (ii) Critical Path Analysis (CPA) to monitor and control the entire project operation.Guidelines In order to complete the above task, your answer should: †¢ Include the aim of the project planning for managers and discuss the tools involved in project planning process applicable to BMW. †¢ Expand the response with brief explanation on how the planning tools such as Project Evaluation & Review Techniques (PERT) and Critical Path Analysis (CPA) can be used to monitor and control the entire project operation. †¢ Use a diagram for planning tools if necessary.In answering this question, you will have covered the following assessment criterion : 2. 4 Carry out work activities meeting the operational plan through effective monitoring and control. TASK 3: Monitoring appropriate systems to improve organisational performance. PASS CRITERIA 3. 1 (Ap prox. 150 words) Recommended interim deadline 29th April Explain what you understand by the concept of quality and analyse the implemented quality system in managing and monitoring quality standards within BMW.Guidelines In order to complete the above task, your answer should: †¢ Include a definition of quality and the role of quality concept to BMW. It is essential to recognise the various Quality Management System (QMS) such as Quality Circle, ISO 9000/EN29000 standards, Costs of Quality etc and assess the implication of these systems to the context of BMW. Pick two Quality Control systems at BMW as examples. In answering this question, you will have covered the following assessment criterion: 3. Design systems to manage and monitor quality standards specified by the organisation. PASS CRITERIA 3. 2-4 (Approx. 350 words) Recommended interim deadline 1st May Define the Total Quality Management (TQM) philosophy and explain how this philosophy can be used to increase quality and efficiency, and to reduce costs by creating a quality culture of improvement within BMW. Identify at least three required changes or improvements that you would suggest on the BMW quality system with your justification in order to create a sustainable quality culture for continuous improvement.Guidelines In order to complete the above task, your answer should: †¢ Explain the theory of TQM on how it helps to create a quality culture to ensure continuous monitoring, evaluation and development of the process within BMW. †¢ Support your view with some examples from BMW. †¢ Include reference to Business Process Re-engineering for the three required changes. In answering this question, you will have covered the following assessment criteria: HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 6|Page London School of Science & Technology 3. Demonstrate a quality culture to ensure continuous monitoring, evaluation and development of the process. 3. 3 Recommend improvements which align wit h the organisation’s objectives / goals resulting in improvements. 3. 4 Report on the wider implications of proposed changes within the organisation. TASK 4: Managing health and safety in the workplace PASS CRITERIA 4. 1-2 (Approx. 200 words) Recommended interim deadline 10th May Investigate how three different Health and Safety Acts and Regulations have been implemented within BMW and explain why BMW needs to carry out risk assessment as required by the legislation.Guidelines In order to complete this task, your answer should: †¢ Show awareness and impact of relevant legislative requirements for the BMW. †¢ Identify relevant three legislative regulations and explain the impact of these on health and safety procedures within BMW. †¢ Consider how a risk assessment could be carried out and its impact on the organisation. In answering this question, you will have covered the following assessment criteria: 4. 1 Carry out risk assessments as required by legislation, regulation and organisational requirements ensuring appropriate action is taken. 4. Demonstrate that health and safety regulations and legislation applicable in specific work situations are correctly and effectively applied. PASS CRITERIA 4. 3-4 (Approx. 200 words) Recommended interim deadline 10th May Explain a procedure to identify hazards and risks in the organisation and discuss how this should be managed. Guidelines In order to complete this task, your answer should: †¢ Include a procedure to identify and assess hazards and risks in BMW, and show how this would be managed. †¢ Demonstrate that you can distinguish between a hazard [i. e. potential of harm] and a risk [i. . likelihood of harm caused by the hazard] within BMW. †¢ Support your response by producing two examples of hazards and risks at assembly line of BMW manufacturing plant in the UK. In answering this question, you will have covered the following assessment criteria: 4. 3 Carry out a systematic rev iew of organisational health and safety policies and procedures in order to ensure they are effective and compliant. 4. 4 Carry out practical application of health and safety policies and procedures in the workplace. – THE END – HND Bus-Unit 15/ MBAAR Feb 2013 RESIT 7|Page

Problem Of Overcrowding In Prisons - Free Essay Example

Sample details Pages: 4 Words: 1282 Downloads: 9 Date added: 2019/08/02 Category Society Essay Level High school Tags: Prison Overcrowding Essay Did you like this example? Between 1983 and 1989, US prisons have markedly increased in size in order to house the 77 percent increase in prison inmate populations (Welch, 1994).   This phenomenon is occurring at a global scale with the mean daily population approaching 410,000 inmates as of 1989. This figure represents a 6 percent annual increase from the previous year, which is steadily growing (Welch, 1994). Because of the issue of overcrowding in prisons, these confinement centers are lacking the resources to feed and house the increasing rate of population. Don’t waste time! Our writers will create an original "Problem Of Overcrowding In Prisons" essay for you Create order This increase in prison population over time is an effect of societal flaw, where risk factors that may send certain demographics of people may be reduced via implementation of communications and organizations between the individuals and social systems. The individuals who are most at risk for confinement tend to be of a lower social class, have less money, younger in age, have a history of drug abuse problems, uneducated and or unemployed (Welch, 1994). Overcapacity in confinement centers creates chaos in the entire network of prison systems, including the staff numbers, which in turn   causes an increase in institutional problems. To begin to resolve the issue at hand, social problem awareness must be established especially in population dense areas of the world, accompanied by educational and employment programs for the uneducated and unemployed as well as jail system reforms (Welch, 1994). Since   jail policies and social forces are interconnected, it is easy to see that law enforcement and punishment together make up   a social system. Specifically , one case study that concerns prison   overcrowding shows how complex systems have flaws and can be improved. The analysis of this subsystem will reveal the structure of law enforcement and prisons as systems as well as what changes can be made in a separate subsystem such that population in prisons can stabilize or even decrease. Analysis Based off of Luhmanns theory of social systems, the world was born from chaos and had no inherent order. To establish a set order, individuals and groups created the society, groups and organizations we are so familiar with today. These social systems revolve around communication and tend to be autopoietic, meaning that they maintain and reproduce themselves constantly (Luhmann, 2012).   The smaller subsystems behave like small specialized territories in which   society operates. These systems being self-reproducing, Luhmann has also actually been criticized for underestimating the role of the individual, despite the fact these larger groups are made of the collective individual. One of the branches of subsystems of society being discussed here is law enforcement, which naturally lends itself to punishment in some fashion. The subsystem of law enforcement has reproduced and grown itself to produce its own prison system, as a deterrent for individuals to obey the rules of the law. In the context of   Luhmann, a social system includes all functional systems in a modern society   which are equally important and irreplaceable. Prison systems are much like society in the way that there exist differentiable subsystems having unique function, where each subsystem is equally important to the overall system function. Punishment systems seem to represent more of an organizational social system because of the marked hierarchy between the correctional officers and the inmates. Luhmann treated organizations as social systems which reproduce themselves on the basis of decisions. Based on this fact, we can say that prison systems reproduce based on the decisions of the government, which are representative of   organizational social systems.   Society as a social system is a communicative, interconnected system differentiated into various smaller and specialized functional systems such as family, law enforcement, economy, arts, and science. These systems have been structured and codified over time. Luhmann recognized social systems as organic systems capable of   self-organization. In this case, the prison system has risen from society communicating its need to reduce crime and maintain order. It is clear from Luhmann that systems generate their own systemic boundaries and internal structures for self-referencing, since each component refers to the system itself and its closed system. The components of the prison as a system are distinct and closed. Physically, the prison has guards and correctional officers as well as inmates that lie within a closed building with concrete walls and most likely a tall barbed wire fence. This example is a good example of a closed system because the design of a functional prison relies heavily   on its ability to retain prisoners.   Luhmanns concept of autopoiesis is applied to not just this system, but   all systems including non-biological systems. Luhmanns transdisciplinary concept of autopoiesis is very much applicable when the components of a system are reproduced by other components of the system. In this case, prisons are kept inmates alive by providing food and shelter, while receiving inmate work in return. This cycle is self -perpetuating , self-sustaining   and therefore autopoietic. Luhmann detailed the main elements of social systems as having communication (an asymmetrical process of transferring meaning or information from a sender to a receiver) interpretation,   and action within itself. In the context of the prison overcrowding situation, all three exist. However, they are not done at the most efficient levels possible. Improved communication would reduce the overpopulation in prisons by creating understanding and information synthesis between individuals, society and staff. Improved interpretation   would clear up any ambiguities concerning the prison system. Lastly, improvements in action within the imprisonment system could help decrease inmate population by giving incentives to pursue education and employment opportunities. This being said, action is a necessary step required for the system to reproduce itself. Communication on the other hand, is comprised   of utterance, information and understanding, which is necessary for correct action to tak e place. Although important for reproduction in the system,   action by itself cannot account for every decision made, which is a reason why Luhmann advocates against   treating communication as action, since it would mean the death of communication itself. One of   Luhmanns ideas was of   society being   the primary system that creates and recreates all communication. In order to remedy the problem of the overcrowding prison systems, this problem would first need to be recognized, communicated, interpreted correctly and follow the correct course of action.   All communication efforts are produced by the self -communication within the society,   where the borders of society are the borders of communication (Luhmann, 2012). It is the society that encompasses interaction and organization, in which communication can lead to correct action. Therefore, in order to incite change in the prison system, the society social system would need to be involved. Conclusion Overcrowding is currently the biggest problem facing confinement centers today.   Over the last two decades,   the overpopulation of Colombian prisons has risen as an unintended consequence of   policy makers producing arbitrary laws. This action inadvertently increased the number of conceivable illegal behaviors. Societal responses and information on the idea of criminal behaviors are sustained by society, which policymakers abuse when looking for societal approval.   This mode of thinking leads to greater repercussions of any illegal acts no matter how slight, resulting in extended prison sentences. Because of this systemic cycle set forth by the society, we see that the overcrowding of prisons is a result of the extended sentences and newly administered policies that could put anyone in jail. With more people going to prison for longer periods of time, its no wonder why this issue is on the top of the list for prisons. Within the system, each component plays a role which affects another component. It is clear that government policy and prison administration are vastly different subsystems. However, the two functionally different systems are interconnected under a much broader, systemic view. In order to create better policies that meet the necessities and limitations of prisons, there must exist appropriate communication, interpretation and action in the overall system.