An Analysis of Sylvia Plaths Poem, Daddy Essay - 793 Words

An Analysis of Sylvia Plaths Poem, Daddy Sylvia Plaths famous poem Daddy seems to refer quite consistently to her deceased father (and obliquely to her then estranged husband Ted Hughes) by use of many references that can clearly be associated with the background of Otto Plath, emphasizing his German heritage. These include the Polish town where Otto was born, the atrocities of the German Nazis in the Second World War (Dachau, Auschwitz, Belsen), the Luftwaffe, and even the professorial pose of Dr. Plath at the blackboard . . . / In the picture I have of you. Yet in the midst of these references to Otto Plaths specifically German origins, lines at the beginning of stanza eight mention distinctly Austrian details:†¦show more content†¦A personal association with Austria seems far more likely for Plaths inclusion of these lines, and indeed a dose and profoundly significant one exists: Plaths mother, Aurelia Schober Plath, was of Austrian descent, both of her parents having emigrated from that country (Wagner-Martin 18). Sylvia Plaths complex, emotionally charged relationship with her mother suffuses many of her poems, of course, and repeatedly in works such as Medusa and The Disquieting Muses, and throughout her novel The Bell Jar, Plath reveals her deep antipathy toward her mother--simultaneous with writing effusive, warm, affectionate letters to her Dear Mummy. In Daddy, Plaths use of Austrian references, in this otherwise so father-oriented poem, suggests that an additional focus of her wrath in it--along with Otto Plath and Ted Hughes--was indeed Aurelia. The anger that permeates the poem is so intense and comprehensive that it seems logical to suppose that all the major figures in the poets life--those who had betrayed her or failed her in some way, father, husband, and mother--should be included in it. The otherwise puzzling, seemingly gratuitous references to Austria suggest that, perhaps unconsciously, Plath made sure that every focus of her rage was indeed present in it. Reinforcing this contention is the fact that the Austrian references occur directly between twoShow MoreRelatedEssay on A Womans Struggle 1373 Words   |  6 PagesA Woman’s struggle Analysis The plague of male dominancy and female oppression has spread throughout time and cultures like a pandemic infection, targeting women. Sylvia Plath’s â€Å"Daddy† and Janice Mirikitani’s â€Å"Suicide Note,† show the struggle and pain that oppressive forces perpetrated on women. Although, both speakers are oppressed the way they end the oppression and the cause of it are very different. Patriarchy has always existed, and it affects women all over the world. For example, bannedRead MoreEssay about Sylvia Plath1185 Words   |  5 PagesSylvia Plath This line is from Sylvia Plaths poem Lady Lazarus, one of many that helped make her an icon of modern American poetry. They have an eerie, prophetic quality, seeming to foreshadow the tragic death of this young writer. Understanding Sylvia Plaths words require a closer look at both her life and a few of her works. Though critics have described her writing as governed by negative vitalism, her distinct individuality has made her a conversation piece among those familiarRead MoreBiography of Sylvia Plath1452 Words   |  6 PagesCritical Analysis Sylvia Plath, a great American author, focuses mostly on actual experiences. Plath’s poetry displays feelings and emotions. Plath had the ability to transform everyday happenings into poems or diary entries. Plath had a passion for poetry and her work was valued. She was inspired by novelists and her own skills. Her poetry was also very important to readers and critics. Sylvia Plath’s work shows change throughout her lifetime, relates to feelings and emotions, and focuses on dayRead MoreLiterary Explication: Sylvia Plaths Daddy1201 Words   |  5 Pages Conflicting Emotions of Sylvia Plath The speaker in the poem â€Å"Daddy† is someone who both fiercely hates her father but also passionately loves him. When she was younger, she compared her father to a god-like entity—always looking up to him and constantly seeking his approval. Her fierce hate towards her father stems from the deep rooted fear of him. The speaker is torn between these two polar emotions that have been constantly tormenting her and blames them on her unresolved emotions towardRead MoreHow Sylvia Plaths Life is Reflected in the Poems Daddy, Morning Song, and Lady Lazarus2237 Words   |  9 PagesHow Sylvia Plaths Life is Reflected in the Poems Daddy, Morning Song, and Lady Lazarus Sylvia Plath has had an exciting life, if I can use this word. Her father died from an undiagnosed diabetes when she was eight. At the same time, a short couplet that she wrote was published in the Boston Sunday Herald. Later, she won scholarships to study in Smith, Harvard, and finally Cambridge. There, Plath married Ted Hughes, who was a good poet, too. What amazes me in her lifeRead MoreEssay Analysis of Daddy by Sylvia Plath572 Words   |  3 PagesAnalysis of Daddy by Sylvia Plath Sylvia Plath uses her poem, Daddy, to express deep emotions toward her father’s life and death. With passionate articulation, she verbally turns over her feelings of rage, abandonment, confusion and grief. Though this work is fraught with ambiguity, a reader can infer Plath’s basic story. Her father was apparently a Nazi soldier killed in World War II while she was young. Her statements about not knowing even remotely where he was while he was in battleRead MoreThe Fight For Women s Rights1247 Words   |  5 Pageswomen feel like they are being oppressed by the opposite gender. Sylvia Plath was one of these women who felt like she was oppressed by men and even her own father, who died early in her life. Sylvia Path turned to using imagery in her poem â€Å"Daddy† such as comparing her father and men to ghastly statues, Nazis, and even vampires; meanwhile she compares herself, and to a larger extent all women to the Jews in concentration camps. Plath’s use of imagery relays her feelings of enslavement by men expertlyRead MoreMutilating Self Into Spirit: Sylvia Plaths Poems.4131 Words   |  17 PagesSylvia Plath’s poems: Translation of the self into spirit, after an ordeal of mutilation. Introduction of the poems and the essay: * â€Å"Daddy† Sylvia Plath uses her poem, â€Å"Daddy†, to express intense emotions towards her father’s life and death and her disastrous relationship with her husband. The speaker in this poem is Sylvia Plath who has lost her father at age ten, at a time when she still adored him unconditionally. Then she gradually realizes the oppressing dominance of her father, andRead MorePsychoanalytically Analyzing the Poetry of Sylvia Plath Essay1846 Words   |  8 PagesThe poetry of Sylvia Plath can be interpreted psychoanalytically. Sigmund Freud believed that the majority of all art was a controlled expression of the unconscious. However, this does not mean that the creation of art is effortless; on the contrary it requires a high degree of sophistication. Works of art like dreams have both a manifest content (what is on the surface) and latent content (the true meaning). Both dreams and art use symbolism and metaphor and thus need to be interpreted to understandRead MoreSylvia Plath th e Colossus2027 Words   |  9 PagesColossus by Sylvia Plath as an example of ideology or feminist writing. You may begin by commenting on the different definitions available for ideology in general as well as the theory of feminism. Feminism is discussed in this course as an example of modern theories and is often associated with the issue of ideology. Your discussion should refer to the discussion of these terms as well as the major elements connected to them (e.g. gender, à ©criture feminine, patriarchy, etc.). In your analysis of the

The Stages Of Cognitive Development - 1290 Words

The brain is the powerhouse of our body, without it you wouldn’t be you. Our brain is always developing and learning new things. Jean Piaget was the first psychologist to create a study of cognitive development that researchers and scientists still use today. Piaget’s Cognitive Theory includes the four stages of cognitive development from birth to adulthood: Sensorimotor, Preoperational, Concrete operational, and Formal operational. These stages include thought, judgement, and knowledge. He made the claim that children may enter these stages at different ages, but insisted that cognitive development always follows this sequence, cannot be skipped, and that each stage is marked by new intellectual abilities. The Sensorimotor stage goes from birth to 18-24 months. In this stage, infants are only aware of what is immediately in front of them. Because they don’t know how things react, they’re constantly experimenting with activities such as throwing things, pu tting things into their mouths, and learning through trial and error. When an infant is about 7-9 months old, they can tell that an object exists even if they cannot see it. This is known as object permanence, and is a very important sign that their brain is developing. Infant’s cognitive development starts to increase rapidly when they start to become mobile, such as crawling and walking. Towards the end of the Sensorimotor stage, there is an early sign of language development, another very important milestone. InShow MoreRelatedThe Stages Of Cognitive Development1395 Words   |  6 Pageschain of four serious stages of cognitive development, according to Jean Piaget, who is a well-recognized psychologist. Through the observations he made of children, Piaget established a theory of development involving four stages: the sensorimotor stage, which is from birth to the age 2, the preoperational stage, from age 2 to about the age of 7 and the concrete operational stage, ranging from age 7 to 11. The last stage of his development was the formal operational stage, which begins in adolescenceRead MoreThe Stages Of Cognitive Development774 Words   |  4 Pages The proposed four stages of cognitive development are developed by Piaget. He supposes that, in a specific order, all of society passed through the four stages that he established, generally with precise ages. The first stage is the sensorimotor stage. This earliest stage, occurring from birth to two years of age, involves differentiation of self from objects. The child participates in action and begins to act purposely. Then, child comes to understand that objects still remain in existence evenRead MoreThe Four Stages Of Cognitive Development951 Words   |  4 Pagesmodel for the study cognitive development. This model explained how a child’s cognitive skills develop over their lifetime, which will eventually result in more of an adult way of thinking; or a more elaborate and logical way of thinking. Unlike other psychologists who were studying cognition, Piaget believed that children were not â€Å"tiny adults†, who had to eventually access a more complex way of thinking over time. Instead, he believed that a child’s cognition progresses in stages through the processRead MoreStages Of Emotional And Cognitive Development1242 Words   |  5 Pagesand cognitive develo pment in children and the role of nurture and nature. In understanding the emotional and cognitive development in children, many theorists including Bowlby and his attachment theory, Baumrind theory towards parenting styles and also Vygotsky and his theory on social development, have all worked hard over many years of research into producing theories on understanding how the development of children is important. It has been found that emotional and cognitive development are becomingRead MoreThe s Stages Of Cognitive Development1403 Words   |  6 Pagesamaroszaman Two characters that I choose for this assignment are John Bender and Brian Johnson. In reference to Piaget’s stages of cognitive development, I categorized Bender and Brian in formal operational stage because of their age. Besides, both of them also shows characteristic of adolescent egocentrism. As for Bender, we can see that he had developed the sense of invulnerability because he had taken many physical risks and do not think about the negative consequences of his actions. Brian showsRead MoreStages Of Cognitive And Moral Development810 Words   |  4 PagesStages of cognitive and moral development, Interests and learning styles, and Howard Gardner’s Theory of Multiple Intelligences To meet my students’ needs, I will begin supporting them psychologically, academically and develop classes that appeal to a wide range of different bits of intelligence. I am going to develop assorted techniques to construct my lesson activities that allow students to relate to the subject matter in ways that fit their interests, learning styles and strengths. IRead MorePiaget s Stages Of Cognitive Development1072 Words   |  5 Pagespsychology concepts including Piaget’s stages of cognitive development, psychoactive drugs, and dreams. The first concept that I can relate to is Piaget’s stages of cognitive development. Jean Piaget came up with this concept about how a child’s brain develops throughout their life. There are four stages: sensorimotor, preoperational, concrete operational, and formal operational. The two stages I can specifically relate to are the sensorimotor and preoperational stages. I have a three year old cousin whoRead MorePiaget s Stages Of Cognitive Development Essay1495 Words   |  6 PagesJean Piaget developed a cognitive approach to studying and classifying behavioral growth in stages. He believed that each child matured and learned at a different rate, so even though children mature in the same cognitive sequence, there might be separation in the achievement of each level from one child to the next (Swartwood, 2012, p. 46). Piaget’s four stages of cognitive development are Sensorimotor, Preoperational, Concrete Operational, and Formal Operational (Swartwood, 2012, p. 49). PiagetRead MoreThe Individual s Stage Of Cognitive Development999 Words   |  4 Pagesher conservation skills using one of the tasks described on pp. 148-151 in your textbook. Describe both the test(s) and the results. What does performance on the object permanence or conservation task tell you about the individual’s stage of cognitive development in Piaget’s theory? If the individual is a child, adolescent, or adult, ask the individual to draw a picture of what a human being would look like if he or she had three eyes instead of two. Ask the individual where the thirdRead MorePiaget s Stages Of Cognitive Development930 Words   |  4 PagesThe Cognitive Development theory refers to the ability to learn through thinking and reasoning. Theorist Jean Piaget developed the stages of cognitive development according to age and how individuals learn through their environment and senses. Based on Education.com: Stages of Cognitive Development (Driscoll/Nagel ,2008), these stages are from infant to teenage years with specific abilities. The first stage of Piaget’s stages of development is called Sensorimotor, which starts at birth to two years

Musical journey Essay Example For Students

Musical journey Essay Its indicate that- Fakir Allan Shahs people are addict to Marijuana/r and never acceptable to Fakir Allan Shah. Only for this reason He kicked out Bolo Shah/ est.. But all over the world people take it for different purpose Sometimes as medicine for extreme pain. -(strictly prohibited) That means you can not practice/ Marmot/virus with out some of the most criminal hypocrites? ¬, so called philosopher practitioner are circulating this thing and some of the anti-Muslim people are doing this politics, which is unseen for us. Only for this reason why bad people are gathering there in Skittish And they do- 1. Politics 2. Ann-socialism 3. Drugs Business 4. Prostitution 5. Grab Poor practitioners Fish of Kali Gang (which is poor useful practitioners allotment). And they kick out original Suffix from Allan Molar Shari Skittish. Even they dont get the Fish of Kali Gang which is allotted for the Suffix who will stay at the Allan Molar Shari But now a days stay at Allan Molar Shari Skittish is also a tough thing. If you have power, Dishonesty and a devoted supplier of teen girls, which they take from poor villagers can only survive and this happened by very close relatives. To a needy family telling this- we will make your Daughter or Sister a recognized well Allan Singer. Their family see day dreams that their child will be a great singer one day and they will not poor. But after that they take these girls and SE them for unseen prostitution. Which destroyed this girls life and these girls destroyed the others. Their family will never know what was happened with their child behind this. Some girls are destroyed and they never become a singer. A popular Proverb goes on, That is A families enemy is the, main key for Disaster/ The name Bolo Shah/G*1 is like this. Now a days NewBolo Shah/GIWIST is acting like that times original Old Bolo Shah-GU People cut this so called fraud practitioner long hair for any kind of criminal activities and he did very drastic crime that is, he sell around 600 underground song to (l dont want to mention the name) a party without any permission. Which is a Non-Mercy crime. In running of time this name will do most hated thing and people will know this name as But the good practitioner always keep a distance from it. They do practice at the other side of the world where no people will see only the transfer of word and Deep Meditation called- wireless connection with in Marmot/ Many of the good practitioner I talked, they are not going there in Skittish. UT they are still practicing and they can meet with Fakir Allan Shah in their Dreams. I am not trying to give any Bad impact for This sight. But its happen. So, we have to aware about this. Otherwise we people, who are practicing this Marmot/IVR-Zebu will be vanished/Titration:GTAG soon. Only the Skeleton of the Allan Molar Shari left. Few years after it will also demolished. According to Allan; Alibi is Allah, Mim letter is Ursula Lam has dual meanings One is in Shari Another meaning in Mart. Fakir Allan Shahs Philosophy for all, there is no boundary

The Signalman By Charles Dickens Essay Example For Students

The Signalman By Charles Dickens Essay The conditions at Dotheboys Hall school in Nicholas Nickelby were unprivileged. The school was so poor that the children had to eat cold, runny porridge and work in bitter conditions Mr. Squeers feared that if they used all the stuff they could not make a profit out of the school. They could not afford anything and that was the reason why he stole the childrens possessions. The children looked pale and haggard, lank and bony figures with deformities upon their limbs. Laurie Lee was better off, and could say he was at a greater advantage than Nicholas was. They received fresh, new books and had heating in the classrooms the tub of warmth. The school was lively wild boys and girls from miles around, we were packed into the walls with pupils. The village was poor and crowded. Sometimes there would be a beating which nobody took notice off except the pupils red faced mothers. The conditions seem to be serious as in Nicholas Nickleby. We will write a custom essay on The Signalman By Charles Dickens specifically for you for only $16.38 $13.9/page Order now The main difference is that there is a different condition, better than in Cider with Rosie than Nicholas Nickleby. This is due to the difference in time because there are better standards later than earlier and that is what applies to them too. Some conditions are the equivalent to crowded areas and the scare of beating. Money is the foremost reason for the majority of the conditions especially in Nicholas Nickleby. The character Nicholas seemed very depressed and sympathetic for the children. He did not intend to go to school and to find it to be as shocking as he did. He was more than happy to talk to Smike about his situation. Nicholas is worried about his sister because he had a terrible thought he is concerned. He hopes that his parents do not consign her to some miserable place he feels self degraded by the consciousness of his position and feels guilty, planning to do some good for the children. Laurie did not feel the same way Nicholas did. He was young and didnt want to go to school, who did? I aint going Im stopping ome! at the age of four, do you blame him? His intention of not going is so desperate that he was carried up the road, kicking and brawling. When replaced with a new teacher Mrs. Wardley, he gets on the wrong side of her. Cue to his lack of motivation she calls him fat and lazy which he was quite proud of, when he admits that, that was the name she called me! Before Charles Dickens wrote he Nicholas Nickleby travelled to Yorkshire with a friend to gather some information about schools. Even as a child, he was horrified when hearing such dreadful stories about the conditions of schools. Charles Dickens education system would have been different because it was in the early nineteenth century. At that time many things were happening like: Church of England operated primary schools in the UK, students had to pay small fees to study the Bible, catechism, reading, writing and arithmetic, in 1833 British parliament passed a law for Government funds and in 1862 UK established a school grant system called payment by results. (Also the year that Dickens died The Education Act of 1870, called the Forster Act, authorised local government boards schools operated by the Government and voluntary schools conducted by the church and other private organisations). A lot happened but at Laurie Lees time of education, more major changes happened. A Swiss psychologist Jean Piaget had a major on the educational theory in the early twentieth century. He wrote extensively on the development of thought and language patterns on children. .ue1734fca9b0d3d9a596156ea045f4b6e , .ue1734fca9b0d3d9a596156ea045f4b6e .postImageUrl , .ue1734fca9b0d3d9a596156ea045f4b6e .centered-text-area { min-height: 80px; position: relative; } .ue1734fca9b0d3d9a596156ea045f4b6e , .ue1734fca9b0d3d9a596156ea045f4b6e:hover , .ue1734fca9b0d3d9a596156ea045f4b6e:visited , .ue1734fca9b0d3d9a596156ea045f4b6e:active { border:0!important; } .ue1734fca9b0d3d9a596156ea045f4b6e .clearfix:after { content: ""; display: table; clear: both; } .ue1734fca9b0d3d9a596156ea045f4b6e { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue1734fca9b0d3d9a596156ea045f4b6e:active , .ue1734fca9b0d3d9a596156ea045f4b6e:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue1734fca9b0d3d9a596156ea045f4b6e .centered-text-area { width: 100%; position: relative ; } .ue1734fca9b0d3d9a596156ea045f4b6e .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue1734fca9b0d3d9a596156ea045f4b6e .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue1734fca9b0d3d9a596156ea045f4b6e .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue1734fca9b0d3d9a596156ea045f4b6e:hover .ctaButton { background-color: #34495E!important; } .ue1734fca9b0d3d9a596156ea045f4b6e .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue1734fca9b0d3d9a596156ea045f4b6e .ue1734fca9b0d3d9a596156ea045f4b6e-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue1734fca9b0d3d9a596156ea045f4b6e:after { content: ""; display: block; clear: both; } READ: "As You like It" by William Shakespeare EssayHe believed that children, by exploring their environment, create their own ides/thoughts, or intellectual conceptions of reality. He thought that human intelligence developed in stages, a persons understanding of the world in a new and more complex way. This switched the way children were taught, and how and why people cared about education compared to before, in the early nineteenth century. In conclusion, it goes to shows how much of a disadvantage Nicholas was at because Laurie had the chance to have an education but did not even bother. He had no working attitude or effort and frequently got into trouble. as you can see that there are a lot of similarities, differences, and facts, which I have expressed. One thing to remember is that they were written at different times and that is why there are so many comparisons. As time moves on, education (school life/systems) and language changes, develops and that is what you have to remember because it is important. I am delighted that I was not born or had to study at school in Dickenss era; I am counting myself as a very lucky person. I mean, who would not?

Masculinity in American Society and Hip-Hop free essay sample

Tomography Never cry or show any emotion, when things happen take it like man, do not get mad, get even. These along with many other rules are makeup the Guy Code believed to shape what masculinity in American society. Brows before Hoes: The Guy Code by Michael Kismet discusses a set of epigrams and analyzes American masculinity. These ideals of what is takes to be a man are often portrayed by hip-hop artists in todays mainstream music industry.Kismet attended many different workshops and high school assemblies asking unsung men in every state What does it take to be a man? and generated what he calls the Real Guys Top Ten List. The answers were predictable. Never show any emotion and remain as though everything is in control at all times, losing is not an option when youre in competition with other men, and kindness will get you nowhere. We will write a custom essay sample on Masculinity in American Society and Hip-Hop or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Real Boys a book by psychologist William Pollack covers these same ideas.To be a man they cannot be a sissy, or appear to be weak or gay. Masculinity Is measured by your wealth, power, and status. A man remains a rock and he Is dependable during crisis. Give the impression that you are daring and aggressive. In Hip-Hop, the lyrics and the rappers usually echo these Ideals. Masculinity is money, power, and respect. Most rappers give off an Image of being strong and never showing emotion. Guns and violence is the way to show other men that you are a man that you are powerful and are to be respected.Rappers boast about their jewelry, their homes, and nice cars and believe that having more money and material objects, and women, than the next man makes you a winner. These Ideas are found in the lyrics of rappers such as Ill Wayne and 50 Cent, who are the Ideal stereotypical Image of masculinity In Hip-Hop. Boys are taught to be a man from birth and many of the Ideas of masculinity are instilled in them by their fathers or other male figures In their lives. According to Kismet, homophobia Is the fear of being misperceived as being gay and Is the fear that animates American mens masculinity (614). They are taught to be tough and eave a manly front cover In everything that they do. If you ask most fathers they would not appreciate their son wearing pink and playing with dolls because Its gay and not masculine. Any sort of display of stereotypical effeminate behavior, dressing nicely, sensitivity, and being emotionally expressive, Is perceived as being gay. If a guy walks, talks, and acts In a manner that Is different from someone who Is gay he will be a man.In Hip-Hop, the worst thing one can do Is take away someones manhood or associate him with anything to do with being feminine or gay by referring to them as a fagged or pitch Amiga, not only disrespecting the homosexual community but women also. Mine often use the word fagged In his when he Is battling someone. It doesnt necessarily mean gay, Its Just taking away his opponents manhood (612) Hip-Hop artists often portray Images that are hyper contribute to being mistaken for being gay. Instead, they attempt to be thugs and gangsters.Misogyny exists not only in Hip-Hop but also in American society as a whole. Objectified female bodies are everywhere: in advertising, on magazine covers, and television and movie screens. In Hip-Hop women are exploited and viewed as objects. In raps they are often called bitched and hoes, and place them in music videos half-naked furthering the exploitation. A good example of this exploitation is Knells Tip Drill video which showcases and half-naked women parading around dancing explicitly and also features a man sliding a credit card between a womans butt cheeks.As a child, a boy is bombarded with these images and whatever his father caches him about women. How does he learn to respect woman from this? The constant reinforcement of masculinity at from a young age increases bad behavior in young men. The problem with views of masculinity in American society and Hip-Hop is that men spend more time attempting to impress other men, instead of focusing on living their lives for themselves, loving themselves, and using the l dont care mentality taught in masculinity properly. The pressure to be a man causes them to become homophobic, misogynistic Jerks.

The History of Laptop Computers

The History of Laptop Computers It is a little hard to determine which was the first portable or laptop computer since the earliest portable computers to arrive did not look anything like the book-sized folding laptops that we are familiar with today. However, they were both portable and can sit on a persons lap and did eventually lead to the development of notebook style laptops.   With that in mind, I have outlined several potential firsts below and how each might qualify for the honor. Many of the off-site links provided below include excellent photos of the computers so that you should be able to see the progression in design.   The First Laptop The Grid Compass was designed in 1979 by a Briton named William Moggridge for Grid Systems Corporation. It was one-fifth the weight of any model equivalent in performance and was used by NASA as part of the space shuttle program in the early 1980s. As far as technical specs, it featured a 340K byte bubble memory laptop computer system with a die-cast magnesium case and folding electroluminescent graphics display screen. Gavilan Computer Manny Fernandez had the idea for a well-designed laptop for executives who were just starting to use a computer. Fernandez, who started Gavilan Computer, promoted his machines as the first laptop computers in May 1983. Many historians have credited the Gavilan as the first fully functional laptop computer. The First True Laptop Computer The Osborne 1. Tomislav Medak/Flickr/Wikimedia Commons/CC BY-SA 3.0   The computer considered by most historians to be the first truly portable computer was the Osborne 1. Adam Osborne, an ex-book publisher was the founder of Osborne Computer Corp, which produced the Osborne 1 in 1981. It was a portable computer that weighed 24 pounds and cost $1795. For that, users got a five-inch screen, modem port, two 5 1/4 floppy drives, a large collection of bundled software programs and a battery pack. Unfortunately, the short-lived computer company was never successful.   And The Rest is History Also released in 1981 was the Epson HX-20, a battery powered portable computer with a 20-character by 4 line LCD display and a built-in printer.In January of 1982, Microsofts Kazuhiko Nishi and Bill Gates begin discussions on designing a portable computer that featured a new liquid crystal display or LCD screen. Kazuhiko Nishi later showed the prototype to Radio Shack and the retailer agreed to manufacture the computer.In 1983, Radio Shack released the TRS-80 Model 100, a 4-pound battery-operated portable computer with a design that was flat and looked more like modern laptops of today.In 1984, IBM announced the IBM 5155 Portable Personal Computer.In 1986, Radio Shack released the new, improved and smaller TRS Model 200.In 1988, Compaq Computer introduced its first laptop PC with VGA graphics, the Compaq SLT/286.In 1989, the release of the NEC UltraLite was considered by some to be the first notebook style computer. It was a laptop size computer that weighed under 5-pounds.In Septemb er of 1989, Apple Computer released the first Macintosh Portable that later evolved into the Powerbook.   In 1989, Zenith Data Systems released the Zenith MinisPort, a 6-pound laptop computer.  In October of 1989, Compaq Computer released its first notebook PC, the Compaq LTE.In March of 1991, Microsoft released the Microsoft BallPoint Mouse, which used both mouse and trackball technology in a pointing device designed for laptop computers.In October of 1991, Apple Computers released the Macintosh PowerBook 100, 140 and 170 - all notebook style laptops.In October of 1992, IBM released its ThinkPad 700 laptop computer.In 1992, Intel and Microsoft release APM or the Advanced Power Management specification for laptop computers.In 1993, the first PDAs or Personal Digital Assistants were released. PDAs are pen-based hand-held computers.

Industrial Relations Essay Example | Topics and Well Written Essays - 500 words

Industrial Relations - Essay Example The collective bargaining of the union has greatly facilitated the welfare of the workforce and has promoted their interest amongst the management. According to Claude Bernard, ‘Art is I; Science is We’ (Bernard). Indeed, the strategic leadership of the management and the union significantly promote better relationship to maintain smooth operation. Like science, the union leaders are much more informed and constantly make efforts to improve and improvise relationship between the employee and employer and ensure that workforce is not exploited. They strike hard bargain with the management in the interest of the working class. Then again, one can broadly define art as a creative expression of oneself. It is individualistic and normally confined to the interest of one person, even though it might have significance for others. The science, on the other hand, is not exclusive and the outcome of scientific experiments has direct impact on people at large and applies universally. Indeed, in science, what affects one person, has the same concern for others also. This works best for labor unions because if the union fights for the injustice of one employee in an organization, the result of that negotiation applies for others also. This has specially become significant in the contemporary times of recession when businesses are going in for large lay off of the workforce. The repercussion of loss of job for one person is as traumatic as for others. So the unions across the regions and nations are working hard towards coming come up with creative forms of negotiations to wards of employees lay off. A case in point is the role of unions in Virginia where ‘unions have played a major role in local races, including making a $50,000 contribution to Fairfax County Supervisor Sharon Bulovas campaign for board chairman. And they are preparing to dedicate significant resources to this years hotly contested campaign for governor’

How Knowledge-Management Repositories are Used within Organizations Essay

How Knowledge-Management Repositories are Used within Organizations - Essay Example Apart from that the essay will also highlight on the various types of storage systems. Finally the report will shed light on the advantages of the mentioned storage systems Table of Contents Introduction 4 Data Warehousing 5 Types of Storage system 6 References 8 Introduction Knowledge management can be defined as the set of methods that are responsible for arrangement, distribution, and deployment of knowledge. Knowledge management has a long history; however the form of knowledge management was different from time to time. Knowledge management is a broader topic and plays a significant role in today’s age of information technology. It hugely impacts the action we perform and the decision we make, as both are influenced by some form of knowledge. According to Thomas Bertels knowledge management can be defined as the management or supervision of the organization in the context of continuous regeneration of knowledge. Incorporating information technology within the organization , circulation of knowledge and developing the structure of organization are the examples of knowledge management (The knowledge management forum, n.d.). Thus knowledge management can be portrayed as the capability to manage knowledge. These days organizations have also started to view ‘knowledge’ as a type of resource. ... Such activities are principally carried out to preserve knowledge assets of the organization and also to facilitate group working. The next half of the report will present a brief description about data warehousing. Data Warehousing Data warehousing is the process by which an organization stores its historical data in a structured form, so that it can be used further. Data warehousing can be defined as the set of techniques, methods and tools that are employed to offer support to the knowledge workers such as managers, directors, and analysts. The primary function of a data warehousing is to facilitate availability of information which further helps in the process of decision making and also for enhancing informational resources. William H. Inmon defined data warehouse as an integrated, non volatile, issue oriented collection of data which helps in the decision making process of the management (Inmon, 2005, p. 32). Data warehouse is the base storage location, which contains data from a number of sources and then transforms it into a multi dimensional and informational model that can be used for the process of querying and investigation. A data ware house also holds the capability to carry out many activities. For example a training manager from an organization may ask ‘what are the best possible orientations for a newly recruited employee?’ Apart from that personnel from administration department may ask ‘which particular strategy is more likely to get success in the market place’. Each of the aforementioned questions needs information pertaining to the area of research and this information instigates from the data warehouse. In general, on regular basis information the operational systems are imported and extracted in the data

How do economic recession affect people's behavior Essay

How do economic recession affect people's behavior - Essay Example However, as the theory points out, the knowledge is never complete and this imperfection leads to economic growth. This may not always be so. In times of economic recession, the more the awareness of bad news, the greater is its impact on human behavior and the economic crisis. According to Charles Hodge, if a human being is assumed to behave out of necessity, he loses his identity as a rational person capable of deciding based on his thoughts and analysis (Hodge as cited in Cleveland, 2000). He becomes a mechanical person and can not be held responsible for the consequences of his behavior. Similarly if he is assumed to base his actions on the contingencies, he is imbibed with irrational and autocratic power of determination, acting even against his own will. Hodge rejects both these patterns of behavior that emerge from the utilitarianism theory. In the third behavior pattern viz., certainty, the individual behavior is explained by the individual’s own rational analysis of a situation and determination of what is best in his own interest, and is embraced by Hodge as the more appropriate explanation of human behavior. The subprime crisis in the USA led to large scale defaults in the mortgage industry and its contagion effect soon engulfed a host of other sectors like the financial institutions, banks and manufacturing industries. Bank failures dried up the credit available for the business and industry and this has in turn led to significant loss of jobs and consumer confidence. All the major economies of the world are facing a downturn due to globalization. Mass communications media ensures that individual behavior is influenced and aggravated by the frenzy of collective disaster. Loss of consumer confidence and credit squeeze are the major factors impacting human behavior in these circumstances. US economy which is characterized by a high degree of consumer spending, is witnessing consumer

The Miller And Modigliani Capital Structure Irrelevance Theorem Finance Essay

The Miller And Modigliani Capital Structure Irrelevance Theorem Finance Essay Contrary to Modigliani and Miller (1958, MM hereafter), Capital Structure is not irrelevant when we consider a firm with a dividend payout policy. This article extends the MM capital structure theorem by relaxing the full payout assumption and introducing retention policy. The theoretical contribution shows that it is possible to verify the theorem when we suppose an investor who exchanges his initial holding for another portfolio composed of consumption and investment. The empirical analysis of this new approach is based on a data set of the USA Electric Utilities and Oil companies for the period 1990-1998. The results show that the relationships between leverage and firm value are significantly affected by the firms payout ratio. 1. Introduction Miller and Modiglianis (1958) irrelevance theorem is one of the important and puzzling issues in modern corporate finance theory [1], which has challenged the traditional view[2], that an optimum leverage exists. The main source of the puzzle stems from the fact that financial research dont seem to explain the firm financing behaviour as we attempt to reconcile the MM theory with the evidence(Myers 1984, Gordon1994, Rajan and Zingales1995). The MM theorem(proposition I) has shown that under a perfect market hypothesis the market value of any firm is independent of its capital structure (Stulz2006). This fundamental proposition explicitly indicates that the aptitude of investors to engage in personal or homemade leverage is sufficient to ensure that corporate leverage in itself cannot modify the total market value of the firm [3]. In other words, the theorem provides conditions under which arbitrage by individuals keeps the value of the firm depend only on cash flow generated by the i nvestment policy. Literature about the validity of the MM-proposition is discussed about whether investors can really accomplish the required conditions of the arbitrage method without changing the overall value of the company. In this context, many authors have shown the inadequacy of the theorem when variables that deal with the real world are introduced. Following the seminal paper of MM (1958), most theories have been put forward in corporate finance to reconcile the shortcomings of the irrelevance theorem with variables that explain the firms choice of capital structure. According to the previous debate, criticism against this theorem can be grouped in two types of arguments: on the one hand, there are papers which deal with the limitations of the arbitrage conditions; on the other hand, there are studies which analyze the effect of market imperfections on the firms choice of capital structure. Despite the importance of these interventions, we note that all of the limitations deal with the explicit assumptions used by MM, but none deals with the critiques of the MMs implicit assumptions. More recently, DeAngelo and DeAngelo (2006, DD hereafter) have challenged MMs irrelevance dividend policy. Dealing with this alternative of earnings as fully distributed, these authors have showed the irrelevance of the MM dividend irrelevance theo rem when MMs assumptions are relaxed to allow retention. As DeAngelo and DeAngelo(2006, page 294) wrote When MMs assumptions are modified to allow retention with the NPV of Investment policy fixed, a firm can reduce its value by paying out less than the full present value of FCF, and so Payout policy matters and Investment policy is not the sole determinant of value . According to DD(2006), the MMs irrelevance theorem forces firms to choose only among dividend policies that distribute the full present value of free cash flow(FCF) to shareholders. Distributions below the totality of earnings are ruled out by the implicit hypothesis. Dealing with this alternative of fully-distributed earnings, MM(1958) used the same hypothesis in the development of the irrelevance of capital structure.. As pointed by the authors à ¢Ã¢â€š ¬Ã‚ ¦.as will become clear later, as long as management is presumed to be acting in the best interests of the stockholders, retained earnings can be regarded as equivalent to a fully subscribed, pre-emptive issue of common stock. Hence, for present purposes, the division of the stream between cash dividends and retained earnings in any period is a mere detail. MM, 1958 p266. However, MM(1958) failed to recognize that proposition I implies that firms distribute all their cash flow to shareholders without paying any attention to their retention policy. This paper constitutes a new extended proof of the MM theorem by not considering the hypothesis of earnings as fully distributed. We will show that it is possible to verify the theorem when we suppose an investor who exchanges his initial holding fo r a mix of consumption and investment. The rest of the paper is organized as follows: in the next section, we demonstrate the irrelevance of the MMs capital structure irrelevance when earnings are not fully distributed. We propose the possibility of extending of the MM theorem. Furthermore, we show that the two firms are not forced to distribute their full earnings; and the irrelevance is hold in the presence of the mix of investment and consumption. Section III describes the data set, introduces the methodology, examines the hypothesis of the variables and investigates whether the empirical Modigliani-Miller capital structure irrelevance is influenced by dividend payout ratio. Section IV provides some concluding remarks. 2. How do we reconcile MMs capital structure irrelevant theorem with the firms payout choice? 2.1 The failure of the MM theorem when earnings are not fully distributed. As indicated by Rubinstein (2003), the law of the conservation of investment value of MM(1958) was anticipated by many studies (Fisher (1930), Williams[5] (1938), Durand (1952); Morton (1954) for examples) but none of these authors have used arbitrage mechanism to prove the invariance of the cost of capital under changes in leverage. The MMs theorem demonstrates that under certain hypothesis of market conditions, the value of the firm is independent of its debt-equity ratio and is given by capitalizing the expected return generated by its assets. This model can be expressed as: for any firm j in class k (1) Where V stands for the market value of the firm, S for the market value of its common shares, D for the market value of its debts, X for its expected earnings before interest on its assets, for the capitalization rate appropriate to its class. The analysis of the MMs arbitrage steps shows the implicit hypothesis of full payout ratio which plays a crucial role in the model. The MMs capital structure irrelevance theorem constrains firms to distribute all of their earnings. In particular, we note that the validity of the proof developed by MM is based on this implicit assumption. MM(1958) consider (see MM(1958) pages 269-270 ) the return of the investor Y as a fraction of the net income available (X-rD for levered firm and X for unlevered firm) for the stockholders. (2) Where: is the return of the investor before arbitrage process, L is levered firm and U is Unlevred firm and is fraction of the total outstanding shares owned by the investor. Obviously, MM(1958) confuse artificially return of the investor(dividend return) and net income which should be distributed between dividend and retention. MM(1958 page 266) assert that the division of the stream between cash dividends and retained earnings in any period is a mere detail. When we derive the MM capital structure theorem for firms that are not distributing all their earnings as dividends, it follows a non-adequacy of the arbitrage operations, a non-proof of the irrelevance model. Table I shows the two cases used by MM(1958) when we introduce a level of payout different from 100%. Therefore, when we use the same arbitrage as MM(1958), we must then admit that the two firms distribute all the available income to verify the leverage irrelevance proposition. As will be shown later, this assumption can modify the validity of the MM theorem. To justify this thesis, we suppose the same steps of the MM first proposition but with a slight difference: here we suppose that firms are not constrained to distribute all of their earnings. This means that we introduce in the arbitrage reasoning the payout ratio (PR) as a new variable. Table I below shows that MM theorem is not verified. The difference between returns (before and after arbitrage operations) is not the sa me as showed by MM (1958). Table I. The irrelevance of the MM capital structure irrelevance when payout ratio is different from 100% First possibility  : VL > VU Second possibility  : VU > VL First stage  : the initial return of the investor YL Second Stage: Arbitrage process Sold his initial worth of the firm L Borrows an additional amount dL with the same interest rate r Acquired new shares of the firm u sold his initial worth of the firm U Acquired new shares of the firm L Acquired new bonds b of the firm L Third stage: the return of the investor YU Final stage: Difference of earnings à ¢Ã‹â€ Ã¢â‚¬  Y= YU -YL Interpretations It is not possible to verify the MM results when we introduce the hypothesis of payout ratio different from 100%, the difference of returns will depend on the all components of the equation. When we pose PRL=PRU=1, it is easy to obtain the same difference of returns as MM(1958): or Notes: Using the MM formulation, we consider two firms L and U, for which the expected return is the same XL = XU = X. Company U is financed entirely by stock SU and company L by stock SL and debt D. The market value of each firm is then VU = SU and VL = SL + D, We denote PRL and PRU the payout ratios of the levered and unlevered firms (MM 1958 suppose PRL = PRU = 100% all expected return is distributed).sL =SL, sU =SU denote the value of shares owned respectively by an investor in the levered and unlevered firm with a fraction 2.2 The possibility of extension;The two firms are not obliged to distribute all their income: the mix of investment and consumption solution. The object of this section is to show that it is possible to demonstrate MMs proposition I without the hypothesis of earnings are fully distributed. In other words, we present an extension of the MM capital structure theorem for the case in which firms are allowed to have a payout policy. To prove this new proposition, we suppose the same hypothesis used by MM (1958), except that earnings are not fully distributed. Using the MM formulation, we consider two firms U, L for which the expected return is the same XL = XU = X. Company U is financed entirely by stock SU and company L by stock SL and debt D. The market value of each firm is then VU = SU and VL = SL + D. * Case 1: we suppose the value of the levered firm VL , to be greater than that of the Unlevered firm VU ( ). We denote respectively, PRL and PRU the payout ratios of the levered and unlevered firms (MM 1958 page 269) suppose PRL = PRU = 100% all expected return is distributed). First stage (initial return): consider an investor who owns sL dollars worth of the stock in the company L representing a fraction of the total outstanding shares SL, where sL= SL. His return YL can be written as: (3) The return from this portfolio, denoted by YL, will be a fraction of the income distributed for the stockholders of company L, which equals the multiplication of the payout ratio PRL by the difference between to total return X and the interest charge r DL. Where, r is the interest rate which the firm pays on its debt D. Second Stage (Arbitrage process): now suppose that an individual investor who adjusts his own personal leverage in order to increase his profits. He makes the following operations: (a ) Sold his worth sL of the company L and he divided it as follows: (i) he partially invested an amount IU = PRL.sL (which equals: IU=PRLSL) in acquiring shares (ii) he consumes the remainder CL= (1-PRL)SL. where sL= IU + CL . (b) Borrowed an additional amount . (c) Acquired an amount of the shares of the company U. He could so by using the amount IU from the sales of his initial holding and the amount d from borrowing. Third Stage (the new return): the income of the investor ((i) who holds sU dollars worth of the shares of the company U (ii) and who must pay interest of personal debt d would be: (4) Last Stage: Arbitrage profit: Comparing (4) with (3) we obtain: (5) Thus, under this approach we can distinguish two situations: First situation: If PRU= PRL = 1 then we find the same result as obtained by MM (1958 page 270). (6) Second situation: We can also verify the same result of MM(1958 page 270) without the hypothesis of PRU = PRL = 1, we can simply assume PRU = 1, while the payout ratio of the levered firm PRL is likely to vary between 0% and 100%, we get then: (7) From equation (7), we conclude that as long we must verify, so that it pays shareholders of corporation L to sell their investments, by this means decreasing SL and hence VL, and replace them with a mix of consumption and portfolio investment, which contains shares of the unlevered firm and personal debt, thereby growing SU and thus VU. This arbitrage process will be finished when equilibrium restores the stated equalities between the values of the two firms. * Case 2: we suppose the value of the unlevered firm VU , to be larger than that of the Levered one VL ( ). First stage: The return of the investor who holds sU dollars of shares of company U representing a fractionof the total outstanding stock SU . Where (8) The return from this portfolio denoted by YU will be a fraction of the income distributed to shareholders of the unlevered firm U. Second stage: suppose that the investor exchanges his initial holding in U by another portfolio in the levered firm L. The arbitrage process with consumption behaviour will take the following form: the investor sold his worth of company U: and divided it as follows: (i) He invested partially of the shares of the company L (ii) He invested also of bonds of the company L (iii) The remainder will be consumed. From IL and IB , we can write respectively: Third stage: The return of the investor (i) who holds IL dollars worth of the shares of the company L (ii) and who holds IB dollars worth of bonds of the company L. (9) Last stage: Arbitrage profit: comparing YL (from 9) with YU (from 8) we obtain: (10) In order to get a profitable arbitrage opportunity for the investor, we must consider a positive difference of returns. Analysing equation (10), we can easily formulate two possibility of payout ratio: In the first, if we suppose a full earning model for the two firms (PRL = PRU = 1), therefore we will obtain the same results as showed by MM(1958) (page 270). According to this situation, equation (10) can be written as: (11) In the second, the MMs results can also be obtained if we just assume a full earnings for levered firm PRL= 1 while the payout ratio of the unlevered firm PRU is likely to vary between 0% and 100% implying that the firm can use a payout policy, which is not restricted to full earnings. Such a representation is written as: (12) In this context, it is also important to show that as we must obtain , hence it pays the shareholders of company U to sell their holdings and substitute them with a mix of consumption and portfolio investment, which contains shares and bonds. If, all investors in firm U will accomplish the three stages below, decrease the value of the unlevered firm U and increase the price of the levered firm L. This switching process will be over when equilibrium restores the stated equalities between the values of the two firms. From these demonstrations (case 1 and case 2) we can conclude that we are not compelled to suppose that the two firms distribute all of their returns. In other words we can make arbitrage process merely by considering that the overpriced firm (levered firm L in the first case and unlevered firm U in the second case) has a payout ratio PR which is not restricted to be 100% of the earnings. The table below summarizes the theoretical findings. Table II: the MMs arbitrage and the payout hypothesis Conditions Conclusions MMs arbitrage conditions without dividend payout MMs(1958) irrelevance theorem MMs arbitrage conditions with a payout ratio Failure of the MMs proof MMs arbitrage conditions with a payout ratio and consumption hypothesis Proof of the MMs irrelevance theorem(Extension) 3. The Empirical Analysis The previous part of this paper provides a new extension of the relationship between firm value and capital structure when the firm has a payout policy. In this section, we attempt some possible empirical tests. The central issue is, whether or not the leverage ratio affects firm value when earnings are not fully distributed?. Modigliani and Miller (1958) have taken two samples of 43 electric utilities during 1947-1948 and 42 oil companies during 1953. The data are provided respectively by two studies conducted by Allen (1954) and Smith (1955); and they estimated the weighted average cost of capital (wacc) according to the financial leverage of the firm. The regression form of the model was: (13) Where wacc is the weight cost of capital approximated by X /V , here X is the expected return net of taxes, V is the market value of all securities and the financial leverage of the firm measured by the ratio D/V, where D is the market value of Bonds and preferred stock. The results of the tests (as shown MM(1958page 282) are favourable to Modigliani and Miller (1958)s hypothesis. The values of the correlations coefficients are small and not statistically significant. Weston (1963) criticizes Modigliani-Miller empirical result. In particular, he assumes that the lack of effect of capital structure on the overall value of the firm is due to deficiency of the approach to take account of other factors that may be influencing the firms cost of capital. Contrary to MM, the author shows in the empirical tests that leverage is correlated negatively with firm value in the presence of the hypothesis of earnings growth. 3.1 Data and Methodology In order to conduct an empirical analysis similar to MMs, we have collected data on the same sectors from the same country as done by Modigliani and Miller 1958. The data we use are annual standardized financial information of US firms observed in the period 1990-1998. Our sample is formed by two sub samples: from the Electric sector we use 256 companies, and from the oil sector we take 223 companies. These data were obtained from the Worldscope Database (SIC Code 13 and 49). Contrary to Weston(1963), we consider the hypothesis of risk-class can be verified in the oil industry and the electric sector (as supposed by MM 1958). According to MM(1958), a linear model was constructed to explain the relationship between leverage and the firm value. The variables used in our regressions are constructed (see table III) as the same way as presented by these authors. The corresponding models used by MM(1958) are: For Model 1 :see MM(1958) page284 (note 38), for model 2,see MM(1958) page282; For Model 3,see MM(1958) page284 (note 39); For. With regard to the basic capital structure irrelevance theorem to be estimated; we propose three regression models as follows: Model 1: (14) Model 2: (15) Model 3: (16) Where wacc is the weighted average cost of capital; Leverage 1: first measure of leverage; ML1: modified leverage 1; Value: the ratio of the firm value; , ER: earnings ratio; DR debt ratio. The purpose of model 1 is to test the effect of leverage (as measured by Debt ratio DR) on firm value, while the Model 2 and model 3 test the effect of leverage (measured by Leverage1) on the cost of capital (measured by WACC). The variable ML1(modified leverage 1) is included in model3 to test the U-shaped hypothesis that the coefficient e of this variable should be significant and positive to confirm the traditional view, and not significantly different from zero to confirm the irrelevance theorem.. Note also that according to our approach the correlation between these variables should be different from zero. To test the validity of the MMs proposition when earnings are not fully distributed, we alternatively estimate all the above regressions in the absence (model MM58 and the model MM58supp) and the presence of the payout ratio. We validate this last alternative in two steps: In the first step, we test the models for all firms (model MMExt). In the second step, we test the models for subsamples: First Quartile sample (Firms Payout ratio is less than 25%), Second Quartile sample (firms payout ratio is between 25% and 50%), Third Quartile sample (firms payout ratio is between 50% and 75%), and Fourth Quartile sample (firms payout ratio is more than 75%). The tableIII below reports the different measures of variables and their predicted effects. Table III. Measures of variables and predicted signs Variables Symbol Measure MM Hypothesis Our Hypothesis Dependants variables Weighted average cost of capital WACC X/V Firm value ratio Value V/A The explanatory variables First measure of leverage Leverage 1 D/V Zero effect Significant effect Modified Leverage 1 measure ML1 D.D/V.S Zero effect Significant effect Earnings ratio ER X/A Debt ratio DR D/A Zero effect Significant effect Payout ratio Payout Div/NI Not tested Significant effect Notes: the table reports the different measures of variables where V: firm value= market value of equity S +market value of debt D, X: Earnings before interest and Taxes (EBIT), A: is the value of the total assets, NI net income. ML1 modified leverage 1 measure = (D/V) ²/(1-D/V). We measure the value of the Debt D by the amount of total liabilities. 3.2 Descriptive statistics As indicated in Table IV, the descriptive statistics shows that the average value of cost of capital is 5.92% for electric utilities and 4.48% for oil companies[6]. On average, we have a leverage ratio of 51.79%(37.85%), this measure is 62% (50.2%) when we use total assets as deflator . The average firm has a value ratio of 1,38 for electric utilities which is much weaker than those of oil companies (1,99). For these firms, earnings ratio ranges from 0% to 2.7% for electric utilities (0% to 66% for oil companies). In terms of net income, the average value of payout is more important for electric utilities (45%) ranging from 0% to 99,9%, than those of oil companies (16%). These results show that the division of the stream between cash dividend and retained earnings in any period is not a mere detail as supposed by Modigliani and Miller (1958 page 266). None of firms in the two samples and during the whole period (1990-1998) has distributed the totality of its income. For the normal di stribution of the series around the mean (see table IV), all of the distributions of the variables are not symmetric since their skewness values are different from zero. This conclusion is also verified by the values of the Kurtosis which are quite different from 3. Table IV. Descriptive Statistics of Variables (256 Electric Utilities and 223 Oil Companies) Variables Sample Mean Minimum Maximum Std. Dev Skewness Kurtosis Obs WACC Elect 0.05924 0.00000 0.29090 0.03188 0.292328 6.376099 2304 Oil 0.04481 0.00000 0.69582 0.05448 4.75993 42.0526 2007 Leverage1 Elect 0.51796 0.01573 0.99416 0.17873 -0.46925 3.36365 2304 Oil 0.37857 0.0000 0.98237 0.21714 0.20952 2.36431 2007 Value Elect 1.38155 0.09087 9.77112 0.82268 5.51989 45.7871 2304 Oil 1.99172 0.14447 138.56 5.40308 18.7716 397.615 2006 ER Elect 0.07353 0.0000 0.027612 0.04158 0.77790 7.94274 2304 Oil 0.06418 0.0000 0.664303 0.06683 2.104262 11.546 2007 DR Elect 0.62322 0.02761 0.995066 0.14891 -0.9991 4.78983 2304 Oil 0.50220 0.0000 0.9978 0.22065 -0.2593 2.4847 2006 ML1 Elect 1.34913 0.000252 169.346 6.6480 17.3645 344.950 2304 Oil 0.61298 0.0000 23.2454 1.5346 8.6309 103.96 2006 Payout Elect 0.45169 0.00000 0.99980 0.35978 -0.15569 1.40417 2304 Oil 0.16381 0.0000 0.9991 0.27721 1.50967 3.90646 2006 3.3 The effect of Leverage on the firm value (model 1) The MM(1958)s theorem is confronted with our hypothesis in order to know the crucial effect of payout ratio on the sensitivity of firm value to leverage. If our prediction is true, we should find a significant coefficient of leverage ratio, otherwise the MMs view should be confirmed. As indicated in table V, estimates result shows that coefficients of earning ratio (ER) and debt ratio (DR) are significantly different from zero, which fails to support the MMs view. Since our results, as presented below, demonstrate that the coefficient of debt ratio is significantly negative and contrary to the traditional view. We prefer to give more explanations of this relationship based on the presence of the payout policy. The latter has a negative influence on the two samples (see Model MMExt , table V) which is in the opposite direction as obtained by the cost of capital regressions (see tableVI). There are two main explanations for this result: According to Brigham and Gordon(1968), the relationship between stock price and leverage depends on the association between R (return on assets and investment) and i ( the rate of interest which the firm pays on its debt), not on the level of Leverage L. This can be written as: (16) Where E is the book value of the common equity per share, k is the rate at which dividend is discounted. It is evident, when R is less than i, the leverage effect on stock price P will be negative. Furthermore, the negative influence of the dividend ratio on the firm value confirms the leverage impact when the return on investment is less than the cost of debt. This means that firms experiencing lower rate of investment tend to use funds from internal and external resources to display higher payout ratio. The leverage measure is not the same: in Wacc regression, this variable is measured by debt on firm value (D/V), while in firm value regression (Value), the debt ratio is measured by debt on total Assets (D/A). The fact that both variables are divided by different deflators may be affected by a random disturbances of the market value of the firm. This bias correlation is not observed in the firm value regression. According to Modigliani and Miller (1958), the constant term in the previous regression should give more information on the value of the unlevered firm. As shown in table IV below, the estimated coefficient of this variable is not only significantly different from zero, but is quite positive and greatly relative to the coefficient of the debt ratio. This conclusion is confirmed for the two samples with large values for the oil companies. Table IV. Directs Pooled Least-Squares Estimates of the effects of leverage on the firm value Coefficients of Regressions Sample Constant ER DR Payout AdR ² Obs MM 58 Elect 1.893a -0.158a -0.805a 0.025 2304 Oil 2.464a -6.730a -0.668 0.048 2007 MM Ext Elect 1.963a -0.131a -0.466a -0.625a 0.095 2304 Oil 2.465a -6.703a -0.642 -0.086 0.048 2007 First Quartile Elect 1.969a -0.133b -0.412c 0.005 801 Oil 2.342a -7.490a -0.286 0.052 1440 Second Quartile Elect 1.465a 2.650a -0.554a 0.187 216 Oil 1.659a -0.197 -0.501a 0.033 279 Third Quartile Elect 1.206a 1.823a -0.249a 0.096 738 Oil 1.224a 3.229a -0.055 0.113 207 Fourth Quartile Elect 1.080a 1.809a -0.105 0.102 549 Oil 7.197a 0.983 -9.064a 0.676 72 Notes: a, b and c indicate significance at the 1%, 5%, and 10% levels respectively. 3.4 The effect of leverage on the cost of capital (model 2 and Model 3) According to Modigliani and Millers proposition I: the average cost of capital Wacc (Xt/V) should tend to have the same value independently of the degree of leverage MM (1958, page281). In other words, the leverages coefficient parameter in the Wacc regression should be insignificant and statistically equal to zero. The results of the MM model tests are shown in table V (models: MM58 and MM58supp). According to this table, the MM hypothesis is only verified in the oil sample, while leverage in the electric utilities has a negative and significant effect (coefficient is equal -0, 1162) on the cost

Effectiveness of juvenile justice Essay

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