Thursday, September 26, 2019

Strategy Development In The Global Automotive Industry Essay

Strategy Development In The Global Automotive Industry - Essay Example Modern technology has made it easier to manage and expand businesses, without even moving out of your office. As the world is getting smaller, markets are getting bigger! Every industry is witnessing mergers, acquisitions, a foray into new and emerging markets and a boost in sales and profits. The customer has never had it so good! Competition on a global basis has resulted in reduced costs, better quality, improved responsiveness and excellent customer service for any product. The automobile industry is a classic example to demonstrate this phenomenon. Let us take the examples of two automobile companies: Daimler Chrysler and Honda and examine how globalization has affected the operations of these two companies. In 1998, US-based Chrysler Corp. merged with German automaker Daimler-Benz (1926-1998) of Stuttgart, Germany in a deal that was expected to reshape the auto industry. The deal created a new entity, DaimlerChrysler, which was the highest revenue earner in Germany. The best of technology, safety and comfort in automobiles came together to create the world's best known car company. With the merger, it was thought that Chrysler would have a better access to the European market, while Mercedes parent Daimler-Benz would gain a bigger foothold in the American market. This also gave a chance to both companies to reduce costs. Against globalization According to the article "The DaimlerChrysler Merger" submitted at Tuck School of Business, Dartmouth, http://mba.tuck.dartmouth.edu/pdf/2002-1-0071.pdf , accessed 5th May,2008, "In 2001, three years after a "merger of equals" with Daimler-Benz, the outlook is much bleaker. The financial data is sobering: Chrysler Group is on track to hemorrhage $3 billion this year, its U.S. market share has sunk to 14%, earnings have slid by 20%, and the once independent company has been fully subordinated to Stuttgart4. Its key revenue generators - the minivan, the Jeep SUV, and the supercharged pickup truck - have all come under heavy competition from Toyota, Honda, General Motors and Ford. Chrysler continues to make few passenger cars of note, save the Neon and limited-release Viper and Prowler." Competition from Toyota According to Premium Brand Analysis http://www.pwc.com/extweb/industry.nsf/docid/ccd6ae64aad8ea31802570d90035614e/$file/wylie_stbildagen07.pdf,accessed on 5th May,2008, "In the EU, European Premium brands have attained - and maintained - a position of dominance in the Premium market space. European Premium leads the way, in the USA, but others maybe catching up fast. In the USA, European Premium brands have also grown, but have also faced competition from Asian brands. US Premium segment is also targeted by Japanese Premium brands (Lexus, Infinti and Acura), which collectively held 3.8% of the market in 2005" Competition from Asian bigwigs like Toyota is definitely eating into Daimler Chrysler's profit margins across the globe. People today have a choice between a pricier, classy Mercedes and an equally efficient, dependable, but much more economical Toyota! Company : Honda For Globalization Through globalization, even small and mid-sized

Wednesday, September 25, 2019

Personal Views regarding Socializing with Superiors and with Essay

Personal Views regarding Socializing with Superiors and with Subordinates - Essay Example This will translate to less efficiency by the superiors in running of the organization. This is evident where a subordinate to whom there is a close relationship with a superior cannot be terminated from employment, given a pay cut or reduced responsibilities for whatever reason, as this will negatively affect the social relationship (Rue et al, 2013). The other disadvantage of subordinate-superior social relationship is that it results in a loss of respect for the manager, as they will treat each other as friends affecting the ability for quality job performance. Socializing will not allow for constructive judgment and performance appraisal that is required of each employee by the superiors leading to unfairness and injustice in job performance (Rue et al, 2013). However, there is a need for some social interaction between subordinates and superiors and between subordinates their selves. These include taking drinks together and parties but there has to be professionalism where the superior leaves first and the conversations based on non-work issues. Subordinates can have social relationships at the work place as they have the same characteristics including having the same experience, same level of skills and education, and the performance of duties at the same level. These social relations aid in the development of teamwork, development of trust between employees, and the creation of a bond between the

Tuesday, September 24, 2019

Egypt's culture Effects on the facade of theAbu Simbel Temple in 12th Research Paper

Egypt's culture Effects on the facade of theAbu Simbel Temple in 12th Century to 15th Century - Research Paper Example The main aim of erecting this temple was basically for impressing the southern neighbors in the southern part of Egypt and also maintaining and reinforcing the religion of the Egyptians. The Egyptian culture was a main influence to this temple. This can be seen from the fact that all the architectural structure that came out Abu Simbel was linked to the cultural context of the Egyptians. This paper will therefore, describe the architectural structure of this temple and how the culture of the Egyptians affected its facade between the 12th to the 15th century through a description of the sculptures and their meanings (Bulliet et al 59). The architectural structure of the temple The architecture of this temple was mainly built with the commemoration of the reigning king of Egypt during this period. It is made up of the pharaoh’s statue that is twenty meters in length containing a double and Atef crown of both the lower and the Upper Egypt. The temple is thirty five meters wide an d at the top, it contains those who worship the sun at the entrance and twenty two baboons. The statues that are colossal in nature were sculptured from the rock directly, a place where the temple existed before it being moved (Langmead et al 23). The statues have been curved to portray the power of the Ramesses II who sits on the throne and is wearing crown that is double in nature hence, the impact that he is the ruler of both the lower and the Upper Egypt. Next to the statue depicting pharaoh, there are the statues that have been made not to go higher than the pharaoh’s knees. These are the statues that were used to depict the wife of pharaoh, the mother queen and the first two sons of pharaoh and his six daughters (Langmead et al 23). At the entrance of the temple, there exists bas relief that is meant to represent two images that portray the king worshipping Ra Harakhti, falcon headed. Ra Harakhti statue is presented in a large niche. The statue of the god holds a feathe r found in the right hand and the goddess who is believed to be the in charge of justice and truth. This facade has at its top twenty two baboons in a row having their arms raised up in the air. This is a sign of these baboons worshipping the sun rising up. In addition, there is a notable feature of the stele facade which indicates the marriage of Ramesses in relationship to the king’s daughters. This is a sign of sealing of peace amongst the Hittites and the Egyptians (Langmead et al 23). At the inside of the temple, there exists a triangular layout that up to date; most of the temples in Egypt have followed. The structure of the rooms has been made to decrease in size as one enters the entrance into the sanctuary. The temple has many chambers at its sides hence, the complexity. The hypostyle hall is eighteen meters lengthwise and has a width of sixteen meters. It is supported by Osiris pillars that are eight in number and these pillars depict the Ramses relationship with th e god of underworld. This has been used to demonstrate that, the pharaoh has an everlasting nature (Lazzari et al 385). At the left hand of the wall, there exists a statue with a white crown, which is depicting the upper part of Egypt, while the statues at the opposite side have double crown which have been used to demonstrate the double crown that the Lower Egypt has. The bas reliefs found to be located on the walls have

Monday, September 23, 2019

Music and religion in South East Asia ( Philippines Christianity Essay

Music and religion in South East Asia ( Philippines Christianity Pasyon and Lant music- Culture, music, religion, and history) - Essay Example Moreover, the relation of Payson to Southeast Asian music and culture entails in this paper. The Payson entails seven major Filipino languages. The languages influence the culture, religion, and music of the Philippines Christianity in diverse and varied forms (Paul, 2002, p. 5). The languages tend to explain the cultures and religion of the natives in Southeast Asia in explaining Payson verses and it is influence to the music and culture of the Philippines. Besides, the languages consist of three thousand rhymed stanzas that comprise of five lines each. It narrates the history of salvation from the creation times to the second coming of Jesus Christ. It includes apocryphal stories, which consists of detailed account and prayerful moments of Christ. The passion and meditation of Christ also includes in the Payson. Majority of the Philippines sing Payson after meals to retain a sacral undertone according to the culture and religion of the Asians. Therefore, the introduction of Payson verses in the Roman Catholic Church has contributed greatly to the development of and influence of Philippines culture, music, religion and history. The verses consist of major teachings and ideas concerning the culture and religion of the Philippines’ in their daily lives. Therefore, Southeast Asian communities concentrate on the developments of Payson verses and ideas to enable them mature in their religion and music in the daily lives (Paul, 2002, p 8). Natives born in a protestant family have the memory of Payson in their daily lives. This is because the developments of Payson started from dramatic actions of reliving the trial, suffering, death and resurrection of Jesus Christ. The main participants of the dramas came from Protestant families since it was a norm for them to introduce any new member of the Payson verses. It encouraged and developed a majority of individuals,

Sunday, September 22, 2019

Effective Discipline Without Physical Punishment Essay Example for Free

Effective Discipline Without Physical Punishment Essay Contrary to what generations of parents have experienced in their own childhood, physical punishment is not an effective method to use when rearing children. Parents should become educated in other strategies that are non-physical and more effective in curbing misbehavior in children. Positive effective methods would include using timeouts, reasoning, logical consequences and reparation. In its most general sense, discipline refers to systematic instruction given to a disciple. To discipline means to instruct a person to follow a particular code of conduct, while the purpose of discipline is to develop and entrench desirable social habits in children. These habits are what will enable children to become productive members of society in adulthood. For children discipline is a set of rules, rewards and punishments to teach self-control. Punishments should never do physical, mental or emotional harm when dispensed. Kohn (2005) teaches us that when a major infraction occurs, parents should apply a consequence that has enough symbolic value that it convinces the child not to repeat the offense. Discipline is one of the most important elements in rearing children. The ultimate goal is to foster sound judgment and morals so the child will develop and maintain self-discipline throughout the rest of their life. Through proper discipline, children learn how to function in a family and society that is full of boundaries, rules, and laws by which we all must abide. Effective punishment can enable children to learn self-control and responsibility of their own behavior. Many experts, including The American Academy of Pediatrics [AAP] (1998) believe that effective punishment consists of both punitive and non-punitive methods, but does not involve any forms of physical punishment. The punishment set forth by the parents should be effective enough that it reduces the need for more punishment, and decrease the repeat of the offense. An imperative key we learn from Ross (1993) is that the focus be on the misbehavior and not on the punishment. The punishment set forth by the parent or guardian should change the misbehavior in the child, thereby decreasing the chance of any repeats of he misbehavior. A second key from Ross (1993) informs us that parents should keep in mind that part of reprimanding for misbehaving is also reminding children of what is behaving correctly. For the child to learn right from wrong, they need to be informed of what is right. This follow through is as important as the punishment. Building a Foundation To build and maintain a foundation for discipline to become effective, parents will need an assortment of components. The AAP (1998) informs us that there are four key components needed that are essential. First needed is a loving and supportive relationship between the child and parent. Second is a positive proactive system to support desirable behaviors. Third, is a non-combative approach for dealing with the misbehavior. Last, is consistency, parents will need to be consistent in using disciplinary techniques on a regular basis. Should parents fail to discipline a misbehavior or fail to support a desirable behavior upon each occurrence, then the child can receive a mixed message on what is right or wrong. Each of these components relies on one another to become successful as a whole (AAP, 1998). Effective Discipline Methods  Respectful communication between the child and parent is another component. However, this behavior will need to be taught to children as explained by the AAP (1998). Parents can accomplish this by modeling respectful communication themselves. From a young age, the child will begin imitating those that are surrounding them. Thereby the parents modeling the behaviors they seek to have in their children, can accomplish two components in a single effort. In addition, when communicating parents should be specific with their child, rather it is praising for a desirable behavior or correcting a misbehavior. Essentially, parents need to give correction without direction. They should also avoid using abstract language; and state in age appropriate terms that the child will understand. This will avoid confusion on the child’s part on what behavior was incorrect and why it was. According to the Eunice Kennedy Shriver National Institute of Child Health Human Development [NICHD] (2001), for correction through discipline to have a lasting effect, it must have reforming value. Parents will need to be prepared to deal with each misbehavior in advance by having clear defined strategies of effective discipline to use. For success, it is imperative that each punishment given fit the misbehavior. Some of the most effective punishments are also the most time consuming for a parent. Keep in mind though the rewards are by far greater when seeing the child moving through each developmental stage with ease, largely due to the parents continued use of effective discipline. The most commonly used discipline method is isolation or more informally referred to as a time-out for toddler discipline. This consists of temporarily separating a child from an environment where the inappropriate behavior has occurred. The Nemours Foundation (2008a) explains that the theory behind a time-out is that children are frightened by their own lack of control thus leading to a tantrum. Moreover, when given the chance to regain self-control on their own in a quiet place free of distractions, learn to develop internal self-control. Again, follow through is needed, where the parent will explain what the misbehavior was to the child to increase the chances of fewer occurrences in the future. An infrequent punishment to be applied for a misbehavior would be depravation. To deprive or refuse a child a privilege has to equal the severity of the misbehavior. Moreover, children should learn that privileges come with responsibility and be earned. A privilege that is of value to the child, such as watching television or playing with friends, would be a privilege to remove. An example of a mismatch would be a depriving a toddler their favorite television program for a month for forgetting to pick up their toys. The infraction does not equal the punishment; the length of time is too long for the age of the child. An important point for parents to remember when using this method of discipline with very young children is that toddlers generally have very short memories as recommended by Ross (1993). So when a privilege is taken away from a child for two or three days the child may forget about the punishment the second day. Grounding is a form of punishment usually for older children and teenagers that restricts their movement inside and outside of the home. However, bear in mind that extended periods can backfire, causing the child to feel persecuted or picked on and starting a negative retaliation cycle. Many experts including author Kohn (2005) suggest compounding grounding with other alternatives that would allow them to earn a reduction in the grounding period. Likewise, depending upon the nfraction that occurred parents could also increase the severity of grounding by restricting the child from certain privileges in the home as well as outside of the home, like no television or phone calls. Another effective discipline tactic is reparation. Reparation is an active punishment, meaning the child will need to work off the infraction before allowed to do anything else. While working off the infraction the child will have time to reflect over the incident and the subsequent consequence. An example would be an extra chore not normally done by the child, like washing the windows versus picking up their room. Reparation also takes supervision from the parents, where deprivation does not. The Nemours Foundation (2008b) however believes that, of the two, reparation is the more effective of the two punishments. Another effective discipline for older children and teenagers would be the use of logical consequences. This provides opportunities that allow children to make decisions on their own, and incidentally learning to weigh the consequences of their actions. This discipline practice offers both a discipline for the misbehavior and a great building block for children, teaching them to think ahead of instant gratification. Using logical consequences does require some creativity, time and energy on the part of the parents. The net gain is worthwhile because it effectively teaches children lessons in behaving in socially acceptable ways and in becoming a mature, responsible adult. An example would be allowing the child to work off an infraction and because they have done such a good job without complaining, you have given them five dollars. Next, allow the child to make the decision either to use the money to pay off a previous debt to the next-door neighbor for having broken their window or to use it for ice cream later with their friends. When the child chooses to pay off the debt, the parent would give high praise and possibly an additional reward for making such a mature decision. Logical reasoning and positive reinforcement work very well together in producing the desirable results wanted in teenagers. NICHD (2001) points out that a child can learn, that mistakes are an inevitable part of life and that it is not so important that they made a mistake but that they take responsibility to correct the mistake (Nemours Foundation, 2008b; NICHD, 2001). Praise and intangible rewards are a great practice to use when rewarding desirable behavior. Positive reinforcement through praise is something children will receive not just from their parents but also from their teachers, friends and eventually their employer and co-workers. The NICHD (2001) emphasizes that children are more responsive to positive statements; however make sure your compliments are truthful. Children, like adults, will see through false flattery. Reinforcement should also be age-appropriate. Expecting a teenager to change their behavior by rewarding them with stickers is likely to be ineffective. The flip to positive reinforcement is satiation. Satiation is the term used to describe a situation of a reinforcement losing its effectiveness. For example, if a child is receiving sweets as reinforcement, it is likely that after an extended period of time they will tire of the candy thus losing effectiveness. Satiation can also occur if too much reinforcement is being used, as pointed out by the Nemours Foundation (2008b). An example would be, earning up to ten minutes of playtime a day might serve as reinforcement for a longer period of time, versus being given the opportunity to earn an hour of play time. Examples of positive reinforcement for younger children would be hugs, special time, unique privileges, etc. , for encouraging good behavior (Nemours Foundation, 2008b; NICHD, 2001). Corporal Punishment and the Negative Effects The most disconcerting form of punishment is physical punishment. Physical punishment has negative effects, both mentally and emotionally on every living being in this world. Moreover, when physical punishment is applied to children for a misbehavior it severs no reforming valve. A child’s mind will not understand the context to what is right or wrong. They will only know pain, fear, and the fear will grow and overshadow logical reasoning. When a parent strikes a child, they are communicating to the child that they are bigger, stronger and entitled to be violent. When the child grows up, they will feel that they are entitled to act the same way. Parents who use physical punishment as a method of correcting a misbehavior are instilling fear in the child vs. sense of right and wrong. Sanders, Cann and Markie-Dadds (2003) inform us that parents who are at risk of abusing their children are more likely to have unrealistic expectations of children’s capabilities. Physical punishment sends a mixed message to children and reinforces aggressive behavior. According to Vittrup and Holden (2006), when parents model aggressive behaviors by spanking, they reinforce the idea that physical aggression is the way to get what you want. Parents can break away from using physical punishment as a discipline method. It is possible for well-intentioned loving parents to get angry enough with their children to use physical punishment like spanking or slapping. However, this is a slippery slope for parents. Parents see the instant result when the child is three from a spank on the butt and will be quicker to use this method again to achieve the same results, as they grow older. Parents may only mean for the spanking to be a punishment, however many experts state that it is more accurately used as a means of releasing the parents own anger and frustration. Although these parents are well aware that the purpose of discipline is to teach, the danger of using physical punishment repeatedly and abusing the child becomes greater. The AAP (1998) maintains apart from suffering physical pain, the child will also feel as though there is something wrong with them (instead of something wrong with their behavior). This can create resentment, rejection and humiliated. All of which can lead to body and self-image issues in the child later in life. Any form of physical punishment is traumatic and parents should take heed before striking a child. According to the Severe (1996) as well as many other child development experts, physical punishment can provoke violent thoughts in a childs mind and possibly teach them that violence is an acceptable behavior in a relationship. Author Vittrup and Holden (2006) tells us that repetition of physical punishment can make the child immune against it and then it will not even work as a temporary correction method. The AAP (1998) points out that, discipline should be based on expectations that are appropriate for the age of the child, and it should be used to set reasonable, consistent limits while permitting choices among acceptable alternatives. Discipline teaches children moral and social standards. The APP (1998) contends discipline should also protect children from harm by teaching what is safe while guiding them to respect the rights and property of others. Although verbal explanations may help older children understand their punishment, reasoning is ineffective if children are incapable of understanding the explanation. According to Nemours Foundation (2009c), children younger than 18 months are typically unable to apply the context of the reasons for punishment, therefore their overwhelming desire to explore heir environment makes punishment less effective. In the moment of an incident and those immediately following, parents can feel a mix of emotions and they will need to separate their anger before they impose a punishment. The best advice from the Nemours Foundation ( 2009c) to a parent in the heat of the moment during an incident of misbehavior is for the parent to take time to cool down. Telling the child to go to their room will thereby give the parent time to calm down and rationally think over the incident before dispensing with a punishment. The parent can then avoid lashing out in anger or fear. When the parent is clam enough, they can then engage the child and talk over the incident, explaining the why of the misbehavior and what the child’s punishment will be. According to the Vittrup and Holden (2006) yelling, threatening, scolding, and spanking are not considered effective punishments. As these reactions release the parent’s anger, however they have little long-term effect on correcting the misbehavior, and are primarily a release valve for the parent’s frustration. Physical punishment is also a leading cause in the destruction of the trust bonds between parents and children. Some researchers, including authors Kohn (2005) and Severe (1996), have maintained that corporal punishment actually works against its objective (obedience); since children will not voluntarily obey an adult, they do not trust. Children subjected to physical punishment will grow resentful, shy, insecure and or violent. Once the bonds of trust are in question by the child, the entire foundation parents built to form effective discipline in children will be destroyed. Since the core of the foundation is a loving caring environment with trust, the child will feel incapable of trusting the parent in the future. Conclusion Parenting professionals and organizations including the NICHD (2001) are participating in an ongoing effort to change traditional parental use of physical punishment for a means of discipline to more effective non-physical methods. While a major purpose of discipline is to develop desirable social habits in children, the ultimate goal is to foster sound judgment and morals so children will develop and maintain self-discipline throughout the rest of their lives. Children raised in a way that stresses positive non-physical discipline will understand their own behavior better, show independence, and respect themselves and others. These children will then carry forward the non-violent methods of effective punishment onto their children and the cycle will keep repeating for future generations. In many cultures, parents have historically had the right to use physical punishment when appropriate in discipline. However, legislation in some countries has changed in recent years, particularly in continental Europe. Domestic corporal punishment has now, been outlawed in 25 countries around the world, beginning with Sweden in 1979. The United States is not one of these countries; however, through means of education we can evolve and join their ranks. To borrow from Ralph Waldo Emerson, an American Human Rights Activist, character is higher than intellect. It is the choices we make in the moment of the incident and those immediately following that determine our character and set an example for our children to follow.

Saturday, September 21, 2019

Public Office And Private Lives Social Policy Essay

Public Office And Private Lives Social Policy Essay The development of the media and high speed information exchange brings private lives of public officials to public discussion. Transgress moral boundaries may damage public officials career, especially elected ones, severely. The growing attention to private lives among the population makes the topic more important for the social sciences. On one hand politicians use certain aspects of their ideal private lives in their election campaigns in order to gain popularity, on the other hand they require the right for privacy in the things that will affect their lives negatively. Interestingly, the level of public interest in private life varies in modern democracies. While USA citizens are interested in every aspects of public officials (mostly elected ones), and try to find relationship between officials job performance with his private life, Greek people seems to be less caring about private lives and prefer to focus on officials job performance only. The purpose of this paper is to exp lain level of public interest for private lives of politicians, its reasons, affect on politics the Greece and the USA comparatively. In the first section I will focus on the USA case, in the second on the Greece, in the third section I will give comparison of these two countries. The final section Privacy in USA In past three decades borders between private and public life of public figures in USA became more invisible; their private lives are brought to public discussion more often. Privacy in general considered as freedom from unauthorized intrusion: state of being let alone and able to keep certain esp. personal matters to oneself.( Merriam-Websters). Freedom from unauthorized intrusion may include media, police, and government and so on. Although to define hat is public is not that easy. According to Frederick Schauer in public issue individual preferences is not indulged, including a preference that information not to be disclosed(Frederick Schauer 2000, 294 ). In this case electors right to whether decision making public official is suitable for the job, and how his/her policies affect their lives. Having normal childhood, family, and friends seems indicator of good personality as well. Through the history there are several cases showing that public leaders having abused childhood, lea ders who treated their families in abusive ways used alike policies in their job. For example Hitlers abused childhood caused disaster for the world as Alise Millen said Hitler did not invent fascism; he found it, like so many of his contemporaries, prefigured in the totalitarian regime of his family (The Natural Child Project). Or another dictator, Joseph Stalin, also had abusive childhood, problems with his family. Stalins wife Nadejda Alilulayeva wife committed suicide in 1982 after he spoke her mind about Communist Party purges and the famine and was met by a flood of vulgar abuse from Stalin (Nyu York Times, April 14, 1988) and another member of his family, his son Joseph committed suicide in 1943. Today family images of politicians play very important in their career path and their successful marriages brings moral and softer image to them. Perhaps its not coincidence that British Prime Minister Gordon Browns workaholic, lonely man changed before becoming prime minister. He is not mentioned as lonely man but family man who loves his family. In USA situation is not that much different than most of the world, even politicians private lives are more exposed than other countries. While most of the politicians complain about insufficiency of privacy in their private lives, they use their private lives as a means of advertisement. Since USA presidential election of 1992 politicians started to publicize their private lives more and more. Public interest for private life increasing, people prefer more entertaining programs, the American electorate are regarded as fed up with Washington politicians, voter want people who arent political ( Newman, in Schauer 2003, 301,). Candidates private life scandals seemed very interesting topic for news programs. Perhaps Bill Clintons extramarital relationship with Monica Lewinsky was one of the biggest scandals in USA history which was on headlines of newspapers for years. Although Clinton was elected for office for the second time after the scandal, some of higher ranked officials, had to resign after scandals, Randall L. Tobias, Deputy Secretary of State, resigned a day after confirming his usage of Washington escort services. Although April 27, 2007 dated press release of the state department said that he was leaving for personal reasons. New York governor Eliot Spitzer who also accused having extramarital affair with prostitute resigned from his post after scandal. Before his resignation he made a brief public appearance during which he apologized for his behavior, and described it as a private matter. (New York Times, March 10, 2008). There might be several reasons for this increase, but probably the most important two reasons which is decrease of interest to real politics as mentioned above peoples being fed up with Washington politicians (Schauer 2003, 301) and media which always tries to meet popular demand. In the last elections in USA candidate Barack Obamas race, family, religion was discussed and much as his election platform. Today media is considered as one of most profit bringing areas in the world. In the competitive market companies are working to maximize their profits at any price. American media is called as freest and most commercial media in the world by Heather Savigny (2004, 225). Privacy in Greece Discussions about privacy and public life are not something new for Greece. In ancient Greece private lives and public were separated from each others, private life was called oikos and public life was called as dimos. In Platos Republic Plato and Socrates discuss privacy issue. After reviewing Greek newspapers headlines in last 25 years one might thing that Greeks might seem not to be interested in oikos of politicians after over than 2000 years from Socrates times or Greeks are not interested in politics at all or having politicians who has very ideal life without any scandals, so that there are only two well known publicized high ranked public officials scandals. Both of these scandals have very similar feature. In the first case Andreas Papandreou, while receiving hospital treatment in London, was accompanied by a former air hostess, Ms. Dimitra Liani rather than with his wife, even friendly press gave the fact widespread publicity. Later, he was constantly seen with Ms. Liani, most notable on his return to Greece from London, In Autumn 1988 and at the EC Summit in Rhodes in December of that year. (Georgia Chondreleou 2004,5,) However this case was not revealed by journalists or someone else but Prime Minister Andreas Papandreou himself let rumors to be spread. Greek prime ministers confident action also indicates that he is not that much concerned about critiques and media pressure. Indeed this case was not discussed in the media that much, so that his health and later on corruption scandals overshadowed this case. In the Second case: Christos Zachopoulos, the former secretary general of the Greek Culture Ministry and chairman of the Central Archaeological Council, jumped off the balcony of his fourth-floor home here [December 20, 2007]after allegations that he was being blackmailed by his former office assistant, with whom he had had an affair. Mr. Zachopoulos, 54, survived the fall. (New York Times December 20, 2007) This scandals also mentioned as The juiciest sex scandal in modern Greek memory (Times Online January 9, 2008) Comparatively with the first case in the second case General Secretary of the Greek culture get more attention from the media. Perhaps, the thing that forced General Secretary to resign and attempt for the suicide was not only related publication of his love affair in the media, but also his being accused for corruption. An Athens prosecutor [was] also examining at least 10 of an estimated 200 cases in which Mr. Zachopoulos, in his capacity as the head of the Central Archaeological Council, decreed that places could be removed from the list of protected archaeological sites. (New York Times, January 19, 2008). Having only two politician private life scandal in Greece also doesnt means that Greek people are not interested in politics. Politics is still one of the most famous topics in Greek Coffee Shops. But its also known that population get information what media gives. Although there was freedom of speech in media, since the beginning of the 1980s ruling parties always had impact on TVs, so that most the TVs and big newspapers either belonged to the government or survived with the subsidies from the government. Even today from time to time Greek governments subsidize media. Perhaps it is not coincidence that there is not that much critique in media against government and high ranked officials except the cases which officials exposed them or the cases which is already related with some ethical issues. Comparison Even if this two countries seems very similar in some points there differences in public attention to their life. However political scandals take place only in liberal democracies because only there is the separation of public from private spheres fundamental to the political system (Markovitsa nd Silverstei in Betty a. Dobratz and Whitfield, Stephanie 1992, 168). Perhaps the level of the liberalization and Greeks being under dictatorship was also one of the factors that affect level of scandals. Platos Republic abolishes the foundation of any private life for the guardians who the ideal state-eliminating the family and private property in order to create unity in the state. Socrates considers the objection that guardians will not be happy if they have to give up pleasures of the private life. Such happiness he replies is senseless and childish; the guardians, after all, will enjoy a better and more honorable life than other citizens. Anyhow, the aim should be to make whole society good, not to make one section of it happy, he also argues that even if guardians will have to give up their private lives, they will still enjoy a better honorable life.'(Platos Republic in Thompson 1987, 124). If we compare USA and Greece with Plato and Socrates philosophy, Platos model private and public life is very suitable USA approach of privacy so that politicians seems to be ok giving up their privacy in order to enjoy a better honorable life. However Greece politicians still can manage to keep their private lives from public. The main difference in the cases of two countries is that USA population will get more However media also played significant role in publicizing the cases. Free and commercialized USA media seems is more likely to meet entertain popular demand of population that the media and press which is subsidized by government. Conclusion Its obvious that there are still will be a lot of debates about public and private lives. As much country will get liberalized, achieve free media, References: Frederics Schauer 2000, Can Public Figures have private lives? Social Philosophy and Policy, 17:299-306 Dennis F. Tomphson 1987, Political Etics and Public Office. Cabridge Mass.: Harvard University Press Georgia Chondroleou 2004, Public Images and Private Lives: the Greek Experience Parliamentary Affairs Vol. 57 No. 1, 53-66 Heather Savigny 2004, The Media and the Personal Lives of Politicians in the Unites States, Parliamentary Affairs Vol. 57 No. 1, 223-235 Betty A. Dobratz and Whitfield, Stephanie Sep., 1992, Does Scandal Influence Voters Party Preference? The Case of Greece during the Papandreou Era European Sociological Review, Vol. 8, No. 2, 167-180 privacy. Dictionary.com. Merriam-Websters Dictionary of Law. Merriam-Webster, Inc. http://dictionary.reference.com/browse/privacy (accessed: December 11, 2009). http://dictionary.reference.com/browse/privacy (accessed: December 05, 2009) http://www.naturalchild.org/alice_miller/adolf_hitler.html, last accessed December 10, 2009 http://www.nytimes.com/ http://timesonline.co.uk (accessed December 10, 2009)

Friday, September 20, 2019

Unanimous Versus Non Unanimous Jury Verdicts Law Essay

Unanimous Versus Non Unanimous Jury Verdicts Law Essay In the United States, 48 states require unanimous criminal jury verdicts. A unanimous jury verdict indicates that all jurors came to a common decision in the criminal proceedings. Louisiana and Oregon are the only two states that allow non-unanimity jury verdicts. Louisiana statue allows juries to convict felony suspects by votes of 10 to 2 and allows such non-unanimous verdicts in felony cases where the punishment is imprisonment with hard labor. The only punishment that requires a unanimous 12 juror vote verdict is the death penalty. The Oregon State Constitution allows for non-unanimous guilty verdicts to be returned when 10 of 12 jurors agree on guilt, except in cases of first degree murder, where unanimity is required. Within the last year, two major cases; Miller v. Louisiana (2005) and Bowen v. Oregon (2007) have been decided in controversy. This has re-established the question of Louisiana and Oregons constitutionality and fairness in respect to the defendants Sixth Amendment rights. In May 2009 Corey C-Murder Miller was convicted of 2nd degree murder by a 10 to 2 jury decision and in August sentenced to a mandatory life imprisonment with no possibility of parole in Baton Rouge, Louisiana. In Millers case, initially three jurors believed he was not guilty but one changed her vote (C.J. Lin, 2009). Ms. Jacob was the deciding vote and stated in a newspaper interview that, she does not feel that the prosecutors proved their case beyond a reasonable doubt. But she said she voted once to convict Miller just to end deliberations because of the brutal pressure applied by some jurors on another juror who thought the rapper was innocent (C.J. Lin, 2009). Louisiana declined to rehear the case on the groun ds brought by the NAACP President. In October 2009, the United State Supreme Court announced they would not hear the case of an Oregon man Scott Davis Bowen sentenced to 17 years, who was convicted of sexual abuse, sodomy and rape of his 15-year old stepdaughter by a split jury, which put an end to the issue of non-unanimity to the higher state court until another case is brought forward (Green, 2009). History of Jury Trials The Supreme Court originally held that the Sixth Amendment right to a jury trial indicated a right to trial that was based on Englands common law when the Constitution was adopted in 1787. Therefore, juries had to be composed of twelve persons and that the verdict had to be unanimous. When the Fourteenth Amendment was established the Supreme Court extended the right to trial by jury to defendants in state courts. The number of jurors was re-examined and it was held that twelve came to be the number of jurors by historical accident, and that six jurors would be sufficient but anything less than six would deprive the defendant the right of a fair and impartial jury. On the basis of history and precedent the Sixth Amendment mandates unanimity in federal jury trials, however, but the Supreme Court has ruled that the Fourteenth Amendments Due Process Clause requires states to provide jury trials for serious crimes but the Fourteenth Amendment does not incorporate all the elements of a jur y trial within the meaning of the Sixth Amendment in which jury unanimity is not required. Statement of Problem This research paper will examine the constitutionality and impartiality of Oregon and Louisianas statues on Non-Unanimous Jury Verdicts. Criminal convictions based on non-unanimous verdicts are at risk of increasing and providing harsher punishment that is given without reconsideration. The thoroughness of jury deliberation is questionable because of the lack of interest in being a juror to a time consuming case, as well as the decrease in hung juries in the states court system which eliminates the chances of retrials to introduce newly found evidence or to re-examine original evidence. Unanimity ensures the value of each individual juror and preserves the jurys independence from the courts influences as well as affirms the reasonable doubt standard. Research Questions Are unanimous jury verdicts a violation of criminal defendants Sixth Amendment rights? What are the effects of Louisiana and Oregons statues on the conviction rate of violent crimes (Murder, Forcible Rape and Armed Robbery)? What impact do Louisiana and Oregon statues have on clearance rate compared to the surrounding states? For the purpose of this research, the following terms have been defined for a clearer understanding of the authors points and suggestions. Key Terms Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (Constitution, 1791). Fourteenth Amendment: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protections of laws (Constitution, 1868). Unanimous: of one mind; in complete agreement; agreed (Unanimous, 2010). Non-Unanimous: unable to reach an agreement with majority and minority groups. Murder: the unlawful killing and intentional killing of a human being; in some instances the killing of another while in the commission or attempted commission of another crime (Falcone, 2005). Forcible Rape: The aggravated form of rape, where sexual intercourse with a female is gained by the use of force or threatened use of force, generally with a weapon of some sort (Falcone, 2005). Armed Robbery: the direct taking of property (including money) from a person (victim) through force, threat or intimidation, Armed robbery involves the use of a gun or other weapon which can do bodily harm (Falcone, 2005). Clearance: Any instance where a known Uniform Crime Report violation is cleared to the satisfaction of the police or other law enforcement agency (Falcone, 2005). Literature Review Supreme Court Decisions Williams v. Florida 1970 Question: Did a trial by jury of less than 12 persons violate the Sixth Amendment? The Court held that the 12-man jury requirement cannot be regarded as an indispensable component of the Sixth Amendment (Williams v. Florida, 1970). The Court found that the purpose of the jury trial was to prevent oppression by the Government (Williams v. Florida, 1970), and that the performance of this role was not dependent on the particular number of people on the jury. The Court concluded that the fact that the jury at common law was composed of precisely 12 is a historical accident, unnecessary to affect the purposes of the jury system and wholly without significance except to mystics (Williams v. Florida, 1970). Decision: 6 votes for Florida, 2 votes against Apodaca v. Oregon 1972 Question: Is a defendants right to trial by jury in a criminal case in a state court (as protected by the Sixth and Fourteenth Amendments) violated if the accused is convicted by a less-than-unanimous jury? The Court held that the most important function of the jury is to provide commonsense judgment (Apodaca v. Oregon, 1972) in evaluating the respective arguments of accused and accuser. Requiring unanimity would not necessarily contribute to this function (Apodaca v. Oregon, 1972). Decision: 5 votes for Oregon, 4 votes against Johnson v. Louisiana 1972 Question: Do less-than-unanimous jury verdicts in certain cases violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment? The Court held that less-than-unanimous convictions did not violate the reasonable doubt standard embodied in the Fourteenth Amendments Due Process Clause. Justice White argued, that a minority opposing conviction does not prevent the other jurors from reaching their decisions beyond a reasonable doubt (Johnson v. Louisiana, 1972). Furthermore, the presence of dissenting jurors does not indicate that the state failed to uphold this standard. Finally, allowing less-than-unanimous decisions in certain cases serves a rational state purpose, not offensive to the Constitution (Johnson v. Louisiana, 1972). Decision: 5 votes for Louisiana, 4 votes against In Favor of Unanimity Oregons Measure 72 to Bring Balance to the Jury Process in Murder Cases Measure 72 does not give new right to victims rather it allows Oregonians to give up their right to be convicted by unanimous juries. Measure 72 is dangerous to the minority communities in Oregon, where innocent defendants would otherwise be saved from conviction by a twelfth juror. This measure is expensive to the state of Oregon and may lead to the early release of criminals. The overcrowded jails will continue to increase with criminals because of the elimination of bail and restricting options like work release and home detention (Oregon, 1999). Bowen v. Oregon Petition for Writ of Certiorari to the Oregon Court of Appeals In the case of Scott David Bowen v. State of Oregon (2007), those in favor of the Petitioner Bowen, believes unanimity promotes robust jury deliberations. When unanimity is required, juries are opted to utilize their time more efficiently before coming to a verdict. When unanimity is not required jurors tend to end their deliberations soon after the required majority was reached. Robust deliberations provide an opportunity for those in the minority to persuade their fellow jurors to change their opinions. It allows nonconformist to point out the fine distinction that leads to a consensus that the defendant is not guilty, or that a lesser included charge is more appropriate, after a thorough consideration of the evidence (Scott David Bowen v. State of Oregon: On Petition for Writ of Certiorari to the Oregon Court of Appeals, 2009). The National State Courts provided questionnaires from approximately 3,500 jurors of information on the jurys first ballots and final verdicts. Over 10 percent of the cases, jurors who favored a minority position at the same time of the first ballot were able to convince the majority jurors to adopt the minoritys favored verdict. The felony juries in those cases in which only one or two jurors were the minority on the first ballot, only 2.9% ended with a hung jury. In the 83%, if the cases in which hung juries did occur, the minority position was initially supported by at least three jurors (Scott David Bowen v. State of Oregon: On Petition for Writ of Certiorari to the Oregon Court of Appeals, 2009). Preserving the Value of Unanimous Criminal Jury Verdicts in Anti-Deadlock Instructions Hung juries are a very important element to the jury system especially in states such as Louisiana and Oregon who do not require an unanimous verdict. A hung jury is a social and monetary cost to the court system, to the affected parties and, on a larger scale, to the community. The partiality for unanimous jury exists in need of avoiding coercing jurors to comply with a verdict with which they do not agree. If there is no unity the trial will end without a verdict. If the judge pushes the jurors too hard to come to an agreement, any resulting verdict must be reversed. The unanimity requirement is an important part of the jury process: 1. It empowers each jurors vote with individual meaning. Each juror has a voice, the discussions are often more vigorous and in-depth, and the results usually represents the voice of each person in the room (BoveIII, 2008). 2. Requiring unanimity reinforces the symbolic legitimacy that attaches to a jury of the defendants peers (BoveIII, 2008). Justice, Democracy and the Jury The trial process is perceived as being consistent with democratic ideals and expressions of the communitys voice. These general perceptions of the process are improved by the unanimity requirements impact on deliberations. Beyond the pursuit of justice, juries provide individuals with an opportunity to engage in participatory democracy to a greater extent than in other areas of civic life (Gobert, 1998). When Democracy is Not Self-Government: Toward a Defense of the Unanimity Rule for Criminal Juries Jury service requires people from all walks of life to gather together and decide the fate of another member of their own community. Unlike the decentralized legislative process or national electoral campaigns, jurors sit on the front line of their decision and debate with each other directly (Primus, 1997). Jury in Spector Murder case tells Judge it is Deadlocked Phil Spector was accused of killing actress Lana Clarkson in 2003. After deliberating for seven days, the jury indicated that it was deadlocked; noting that the split was 7 votes to 5 without revealing which side had the majority. The jury indicated the disagreement was on the meaning of reasonable doubt and confusion on how to weigh evidence and interpret the instructions for second-degree murder. In the end, the judge simply re-read most of the instructions, and removed the language he said misstated the law, and added additional instructions on what constitute reasonable doubt. After another week of deliberation, the judge declared a mistrial due to the deadlock. Jury indicated two holdouts prevented the convictions. The major problems with how the decision came about were: The jury is likely to put great emphasis on everything that the judge says or asks (Archibold, 2007). Altering the jury instructions which suggested to the jury that the court preferred some type of conviction in the case even if its on a different charge rather than a mistrial (Archibold, 2007). Not in Favor of Unanimity Oregons Measure 72 to Bring Balance to the Jury Process in Murder Cases The Oregonians concurred that the ability of the jury to acquit or convict a person for any crime except Murder or Aggravated Murder by a vote of 10 to 2 has worked well with their court system. Since the 1930s Oregonians have understood that one juror, who has discriminatory or pre-determined ideas, would never convict or acquit anyone regardless of the statue or evidence provided should not be allowed to determine justice. In relevance to this measure is the case of Andrew Whitaker, a 16 year old boy who admitted purposely murdering a 12 year old girl was luckily given the sentence of Second-Degree Manslaughter in order to avoid the case resulting in a hung jury. Whitaker served a 28 month sentence because one of the jurors refused to vote for murder because her son had been involved in a traffic accident involving a child (Oregon, 1999). Letting the Supermajority Rule: Non- unanimous jury verdicts in criminal trials The jury represents the people standing between a possibly oppressive government and the lonely, accused individual (Glasser, 1997). Statistics show that hung juries can lead to a mistrial in 5 to 12 percent of the more than 200,000 felony criminal jury trials that occur in the United States each year (Glasser, 1997). Reducing the frequency of hung juries without sacrificing justice should be a priority to increase the efficiency of the criminal justice system. Majority-rule juries render a verdict more quickly and tend to adopt a verdict-driven deliberation style, which jurors vote early and conduct discussion in an adversarial manner, rather evidence-driven style, in which jurors first discuss the evidence as one group and vote later. The majority-rule juries generally vote sooner than unanimity rules juries (Glasser, 1997). Why non-unanimous jury verdicts are Constitutional in criminal cases Schwartz state that unanimity in criminal jury verdicts are not worth preserving and would rather have majority verdicts given by jurors who are strongly encouraged to stick to their principles. The elimination of the unanimity rule would also eliminate the use of peremptory challenges. Both eliminations would create more fully deliberative juries because the jury would better represent a fair cross section of the community and more voices will be heard (Schwartz, 2009). Case Study Are Hung Juries a Problem Hannaford-Agor, Hans, Mott and Munsterman (2002) did a four year study under a grant from the National Institute of Justice, the National Center for State Courts (NCSC) on juror deadlock. Methodology Broad-based survey of federal and state courts to document hung jury rates The project team selected four courts for an in-depth jurisdictional study on nearly 400 felony trials. Using surveys of judges, attorneys, and jurors, the NCSC examined case characteristics, interpersonal dynamics during jury deliberations, and juror demographics and attitudes and compared these traits in cases in which the jury reached a verdict to cases in which the jury deadlocked on one or more charges. A case study of 46 deadlocked cases from the in-depth jurisdictional study to develop classification of reasons for jury deadlock Data Collection Surveyors Responses Judges 90% Lawyers 88% Jurors 80% From approximately 100 non-capital felony jury trials in each of the sites between June 2000 and August 2001. The final dataset consisted of a total 382 cases, with which 13 percent of the cases hung on one or more charges. Findings The average hung jury rate was 6.2% only slightly higher than the 5.5% reported by Kalven and Zeisel in 1966, but with a great deal of variation ranging from 0.1% in Pierce County, Washington to 14.8% in Los Angeles County, California in which both states are immediately surrounding Oregon: a non-unanimous state. The proposal was to eliminate the requirement of all jurors to decide unanimously on a verdict reduces hung jury rates, but the limitation was the author ignored addressing why one or two individuals refused to comply with the majority. Twenty percent of jurors admitted that they did not begin to form an opinion about the evidence until they collaborated with the other jurors and one-quarter changed their minds about their first decision preferences because of deliberation. Conclusion The findings was juries that hung reported more trouble remembering the evidence and law, less thorough discussions of the evidence during deliberations, more conflict among the jurors and more domination by one or two jurors and a larger presence of unreasonable people on the jury. Hung jurors were also considerably less satisfied with the deliberation process than verdict jurors (Hannaford-Agor, Hans, Mott, Munsterman, 2002). Case Study- On the Frequency of Non-Unanimous Felony Verdicts in Oregon The Oregon Public Defense Services (OPDS) embark on the task to collect and analyze quantifiable data relating to the regularity of non-unanimous verdicts. Methodology Data was collected from the Oregon Judicial Information Network (OJIN) Calendar Year Felony jury trials that reached the verdict stage 2007 833 2008 588 Total 1421 Calendar Year Indigent Appeal Request 2007 320 2008 342 Total 662 (out of 1421) The 662 appeals represented 46.5% of all felony jury trials, which was divided into three groups and was classified by jury verdict form, the judgment and transcript recordation of the polling of the jury. Unanimous jury verdict Non-Unanimous jury verdict Unclear from records Findings 65.5% of all cases included a non-unanimous verdict on at least one count. 27 out of 833 felony jury trials in Oregon for 2007 resulted in a hung jury, yielding a hung jury rate of 3.2%. 15 out of the 588 felony jury trials Oregon for 2008 resulted in a hung jury, yielding a hung jury rate of 2.5%. Conclusion The data indicated that non-unanimous juries occur with great frequency in felony trials throughout the state. If we were to assume that all in the unknown cases, where polling was not conducted, and unanimity was the result, non-unanimity would still be present in over 40% of all felony jury verdicts. Oregon juries are frequently utilizing the non-unanimous option (Office of Public Defense Services, Apellate Divison, 2009). Too frequently, however, juries acquit deliberately guilty defendants, convict obviously guilty defendants of much lesser offenses, fail to deliberate sufficiently, or fail to reach a verdict in cases with overwhelming evidence. Methodology The data for this research were obtained through policy analysis such as precedent cases and constitutional laws from legal briefs. Quantitative data was constructed into charts to show arrest rates for murder, forcible rape and armed robbery in the year of 2007 and 2008. The charts also represent the clearance rate of those particular offenses and the percent change from 2007 to 2008. Additional states were included into the charts with Louisiana and Oregon to see if there is a difference in arrest rates and clearance rate in the immediately surrounding states. All quantitative data was collected from the Federal Bureau of Investigations Uniform Crime Report. Various case studies and professional opinions were collected through scholarly Criminal Justice and Law journal articles. The data begins from 1997 to 2009 because election time was approaching and this issue has been repeatedly trying to be amended to reverse the non-unanimity rule in Louisiana and Oregon. Data The following charts represent the arrest rates for violent crimes (Murder, Forcible Rape and Armed Robbery) in Louisiana and Oregon; non-unanimous states and the immediate four surrounding state that require unanimity. Each given number was computed to show the percentages. Federal Bureau of Investigations Uniform Crime Report Arrest Rates 2007 MURDER FORCIBLE RAPE ARMED ROBBERY TOTAL VIOLENT CRIMES Louisiana Non-Unanimous 242 (3.0%) 324 (4.0%) 1,119 (14.0%) 8,014 Mississippi Unanimous 83 (4.6%) 135 (7.5%) 545 (30.5%) 1,789 Arkansas Unanimous 60 (2.0%) 143 (4.9%) 416 (14.2%) 2,937 Texas Unanimous 759 (2.3%) 1,947 (5.8%) 7,593 (23.0%) 33,309 Oklahoma Unanimous 183 (3.2%) 319 (5.6%) 793 (14.0%) 5,665 Oregon Non-Unanimous 82 (1.67%) 294 (6.0%) 1,173 (23.8%) 4,938 Washington Unanimous 115 (1.5%) 770 (10.1%) 1,915 (25.1%) 7,616 Nevada Unanimous 151 (2.7%) 186 (3.3%) 1,739 (31.1%) 5,595 Idaho Unanimous 33 (2.3%) 114 (7.8%) 74 (5.1%) 1,457 California Unanimous 2,022 (1.6%) 2,141 (1.7%) 21,064 (17.0%) 124,293 *Includes arrest rates for all ages (18 and younger and 19 and older) *Percentages are rounded up to the next factor *Violent crimes are offenses of murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault. Source: Adapted by United States Department of Justice Federal Bureau of Investigations, September 2009. Federal Bureau of Investigations Uniform Crime Report Arrest Rates 2008 MURDER FORCIBLE RAPE ARMED ROBBERY TOTAL VIOLENT CRIMES Louisiana Non-Unanimous 183 (2.0%) 238 (2.6%) 1,035 (11.2%) 9,236 Mississippi Unanimous 135 (6.9%) 165 (8.5%) 572 (29.4%) 1,946 Arkansas Unanimous 118 (2.5%) 194 (4.1%) 623 (13.1%) 4,749 Texas Unanimous 863 (2.5%) 2,034 (5.9%) 8,199 (23.9%) 34,235 Oklahoma Unanimous 160 (2.7%) 316 (5.3%) 831 (14.0%) 5,956 Oregon Non-Unanimous 95 (2.0%) 276 (5.7%) 1,187 (24.5%) 4,844 Washington Unanimous 104 (1.5%) 675 (9.7%) 1,637 (23.6%) 6,943 Nevada Unanimous 11 (.17%) 31 (.48%) 369 (56.2%) 6,516 Idaho Unanimous 14 (.98%) 102 (7.2%) 97 (6.8%) 1,425 California Unanimous 1,850(1.48%) 2,088 (1.67%) 22,391(17.9%) 125,235 *Includes arrest rates for all ages (18 and younger and 19 and older) *Percentages are rounded up to the next factor *Violent crimes are offenses of murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault. Source: Adapted by United States Department of Justice Federal Bureau of Investigations, September 2009. The following charts represent the clearance rates for violent crimes (Murder, Forcible Rape and Armed Robbery) in Louisiana and Oregon; non-unanimous states and the immediate four surrounding state that require unanimity. Federal Bureau of Investigations Uniform Crime Report Clearance Rate 2007 MURDER FORCIBLE RAPE ARMED ROBBERY Louisiana Non-Unanimous 14.2 32.4 141.7 Mississippi Unanimous 7.1 35.6 98.2 Arkansas Unanimous 6.7 44.7 106.7 Texas Unanimous 5.9 35.3 162.2 Oklahoma Unanimous 6.1 43.1 93.2 Oregon Non-Unanimous 1.9 33.5 76.4 Washington Unanimous 2.7 40.6 93.6 Nevada Unanimous 7.5 42.7 270.2 Idaho Unanimous 3.3 38.5 15.5 California Unanimous 5.8 24.2 188.8 *Per 100,000 persons *Populations are U.S. Census Bureau provisional estimates as of July 1, 2008 and July 1, 2007 Source: Adapted by United States Department of Justice Federal Bureau of Investigations, September 2009. Federal Bureau of Investigations Uniform Crime Report Clearance Rate 2008 MURDER FORCIBLE RAPE ARMED ROBBERY Oregon Non-Unanimous 2.2 30.5 69.7 Washington Unanimous 2.9 40.1 96.9 Nevada Unanimous 6.3 42.4 248.9 Idaho Unanimous 1.5 36.2 15.8 California Unanimous 5.8 24.2 188.8 Louisiana Non-Unanimous 11.9 27.9 135.9 Mississippi Unanimous 8.1 30.3 102.6 Arkansas Unanimous 5.7 44.8 95.8 Texas Unanimous 5.6 32.9 155.2 Oklahoma Unanimous 5.8 40.2 101.1 *Per 100,000 persons *Populations are U.S. Census Bureau provisional estimates as of July 1, 2008 and July 1, 2007 Source: Adapted by United States Department of Justice Federal Bureau of Investigations, September 2009. Federal Bureau of Investigations Uniform Crime Report Percent Change from 2007 to 2008 Clearance Rate MURDER FORCIBLE RAPE ARMED ROBBERY Louisiana Non-Unanimous -15.6 -13.9 -4.1 Mississippi Unanimous +13.2 -15.0 +4.5 Arkansas Unanimous -15.8 +9.2 -10.2 Texas Unanimous -4.9 -6.7 -4.3 Oklahoma Unanimous -5.2 -6.6 +8.4 Oregon Non-Unanimous +11.1 -8.9 -8.8 Washington Unanimous +9.6 -1.3 +3.6 Nevada Unanimous -16.2 -.08 -7.9 Idaho Unanimous -53.8 -6.2 +1.8 California Unanimous -5.7 -1.8 -2.2 *Per 100,000 persons *Populations are U.S. Census Bureau provisional estimates as of July 1, 2008 and July 1, 2007 Source: Adapted by United States Department of Justice Federal Bureau of Investigations, September 2009. Findings The following charts represent the averages of the data collected in percentages. Comparison of 2007 and 2008 Arrest and Clearance Rates **All averages were rounded to the nearest tenths. Arrest and Clearance in 2007 and 2008 were fairly even within each state with the exception of Idaho. Idaho is the only state that shows a true decrease in arrest from 2007 to 2008 with a trending increase in clearance. The Percent Change in Clearance Rate between 2007 and 2008 Idaho had a major decrease in clearance rate which is a unanimous state and Oregon a non-unanimous state had the least decrease in clearance rate Comparison of 2007 and 2008 Arrest and Clearance Rates **All averages were rounded to the nearest tenths. Louisiana and Arkansas has a small decrease in arrest rates from 2007 and 2008 but also has a decrease in clearance rate from 2007 to 2008. Overall there are no major differences from 2007 to 2008 in Arrest and Clearance. The Percent Change in Clearance Rate between 2007 and 2008 Majority of the states had a decrease in clearance from the year of 2007 to 2008 meaning more defendants were being convicted of criminal charges. Mississippi had a minor increase in defendants not being convicted from 2007 to 2008. Overall, Louisiana had the highest decrease, which shows approximately 20% difference versus the non-unanimity states. Conclusion In conclusion, the relationship between the Sixth and Fourteenth Amendme