Research Korner: Discrimination Essay Samples

Development of the Hotel Industry in Taiwan

Chapter 2 Review of Related Literature 2.1 Development of the Hotel Industry in Taiwan             The service industry has greatly contributed to the economic growth of Taiwan. Basically, Clark, H. (2001) stated that the hospitality and tourism industry is expected to continue growing within the succeeding years. Actually, the success of the industry is partly attributed to the external factors providing an environment suitable for business such as the political and economic stability of the market and tourism efforts of the government to encourage and draw visitors from other countries and partly from the management and business practices developed and maintained by the individual businesses conducive to customer satisfaction and customer loyalty.             The vibrant hospitality industry developed after passing through an industry cycle due to both external and internal factors affecting the number of tourists whose needs the industry meets. The hotel industry in Taiwan is delineated into international and domestic hotels based on business ownership and domestic hotels are also subdivided into domestic company owned hotels and family owned hotels depending on the scale of operation and ownership of the hotel (Dennis et. al, 2003). These hotels differ in a variety of ways according to the manner that they utilize their available and created resources and business strategies to actualize their business goals.             Despite the differences in the scale of operation, organizational structure and business strategies of international and domestic hotels, the common objective is to utilize and maximize their resources to achieve a high brand equity founded upon efficient and excellent quality of service that results to customer satisfaction and eventually to customer loyalty.  According to Nguyen and Leblanc, (2001), international and domestic hotels build a strong industry through their ability to cater to the diverse needs of customers in terms of price, customer relationship, accommodation arrangements, and other diverse hospitality needs of customers. Although there is competition among international hotels, international and domestic hotels, and among domestic hotels it cannot be denied that these hotels provide distinct hospitality services giving customers options for their service preferences.             As discussed, the Taiwan hospitality industry developed after experiencing a business cycle with its initial high during the implementation of the Six-Year National Development Plan applicable for the years 1991 to 1996, but becomes low with the outbreak of severe acute respiratory syndrome in 2003, and a rise again in the performance of the hospitality industry at present (Global Hospitality News Archive, 2003).             During the initial high of the hospitality industry in the mid 90s, the Tourism Bureau of Taiwan reported that building the hospitality industry requires leadership on the part of the government and the leading hotels within the industry to provide both administration and guidance to direct the industry towards growth; comprehensive and holistic facilities planning for the industry; and sufficient goal-oriented training for the employees of the hospitality industry (Chen, 1996).  The result of the Six-Year National Development Plan is the increase in the gross domestic product of the country by 1.1 percent for the period 1990 to 1994 (Bailey, 1996) and .7 percent in 1997 (Hsieh, 1998). The economic growth spurred the development of the hospitality and tourism industry in Taiwan. The 1997 Annual Report on Tourism showed that the composition of the visitors to Taiwan were mostly from other Asian countries who were also experiencing growth. Close to 76 percent of the tourists in Taiwan were Asians with the remaining percentage from North America, Europe and other regions. Apart from international tourism, the economic growth that Taiwan experienced also proved helpful to the hospitality industry by encouraging domestic tourism (Wise, 1993). In 1996, the average number of trips within Taiwan was 2.99 increasing to 3.2 in 1997 as a result of economic growth and the policy of declaring public holidays (Hsieh, 1998). Economic growth translates to income for households and the empowerment to spend not only on their needs but also for leisure activities such as travel. The five-day workweek implemented in 1998 limited the time available for international travels resulting to the consumption of domestic hospitality and tourism industry services. The Tourism Bureau is strengthening international tourism through innovative leisure resorts and tourism packages. The visitor expenditure of foreign tourists amounted to 3.4 billion in 1997 with a US $193.56 average daily spending for every visitor. The cost of hotel accommodations amounted to around 50 percent of the daily spending. (Lu, 1999) The bureau also sought to create an environment conducive to the hospitality business by releasing a promotional brochure in different languages, using the internet as a marketing strategy, and participating in organizations for international tourism cooperation such as the East Asia Travel Association, American Society of Travel Agents and the Asia Pacific Economic Cooperation. The industry expects to gain external support through government efforts to help the industry grow. In 2003, the industry experienced a rapid decrease in the occupancy rates because of the outbreak of the severe acute respiratory syndrome or SARS in the region.  In the May 2003 new report of the China Post, around 84 percent of hotels in Taiwan had a lower than 30 percent occupancy rate and 96 percent of the hotels in Taiwan incurred losses. In the survey made by Pan Asia Human Resource Corporation, 79 percent of the 2,452 hotels questioned viewed the effect of the SARS outbreak as very severe. The quarantine measure implemented in the Ho Ping Hospital resulted to the deterioration of 79.01 percent of hotels represented by 50 to 60 percent drop in occupancy rates resulting to losses. In an effort to prevent further losses, many of the hotels requested some of their employees to take unpaid leaves or take their annual leave, implemented salary cuts, and suspended the payment of salaries until business performance improves. The owners of firms have asked the government for a bailout plan. (Global Hospitality News Archive, 2003)             In just a few months, the industry development that the government and business owners sought to achieve was brought down by the SARS epidemic. Between April and May, all hotels tried to alleviate their losses by offering large discounts up to 70 percent of the original price in an effort to maintain the operations of the industry. Inter-industry collaborations were also in place such as the offer of a package that includes hotel accommodations as well as air fare for a discounted price. (Dennis et. al, 2003)             The government held an emergency meeting to develop a plan to help the hospitality and tourism industry. A plan to rescue the ailing airline transportation sector was implemented through the reduction of the fees for local airlines at the expense of government revenue. Tax cuts and exemptions were also planned for the other sub-sectors of the tourism industry. The legislature also approved the proposal preventing the local banks from not approving loans needed by the businesses within the tourism industry for short-term financing. (Dennis et. al, 2003)             In 2004, the SARS outbreak has been controlled leaving behind bankruptcies for the hotels and other businesses unable to cope up with the economic cost of the epidemic. By the end of 2004, the hospitality industry in Taiwan is still in the verge of development but fairing well because of the growth in economy with the vibrancy in the different industries after the arrest of the SARS epidemic.             At the end of 2005, the November 12 issues of Asia Times reported that the tourism industry in mainland China, Taiwan and Hong Kong continue to grow as observed through the rampancy of hotel construction in the different business and tourism centers of the country. The rate of arrival of international visitors increased by 16 percent as a result of the increase in occupancy in the hotel industry. The growing hotel industry in Vietnam is expected to grow with China hosting several international events such as the 2005 Miss World and the upcoming 2008 Olympics. With a favorable business environment, the competition is expected to heat up requiring the management of the different hotels to develop and establish management and operations strategies to draw customers and achieve customer satisfaction and loyalty.               2.2 Building Brand Image             International and domestic hotels will be able to keep up with the demands of a growing market for the industry by making the industry service-based instead of price-based. International and domestic hotels set their respective prices based on service and not on price alone. The key component to brand management is the implementation of an integrated approach where companies are able to say what they can offer relative to their competition, do what they offer and promise to customers and confirm it through consistent practice. The value of saying, doing and confirming should be internalized in the company culture. (Cai and Hobson, 2004)             Building brand image to achieve competitive advantage in the hotel industry requires management to treat the service as experience goods (Nguyen and Leblanc, 2001).  In treating hospitality service as experience goods, establishments focus on providing a pleasant experience for customers to create the image that the hotel wants to portray to the market. However, the image is only established once the hotel is able to consistently do what it says to the satisfaction of the different needs of customers. Management will then direct all efforts of the company towards the creation of a company culture that provides a satisfactory service that meets the experience requirements of customers and eventually to achieve customer loyalty. It is after the achievement of a good brand image that the hotel can justify its price. The brand image justifies price and not the other way around.             Brand image is one of the factors that hotels should consider if they plan to achieve consumer-based brand equity. Brand image affects the development of a customer base of the hotel and the consequent improvement in financial performance (Kim, Kim & An, 2003). The development of a brand image should be based on the customer’s viewpoint. This means that a hotel should initially have updated information on the current trends in market demand before the company can formulate a plan to develop its brand image through customer satisfaction. The practice of providing total customer satisfaction was developed within the industry from knowing that customers require a hotel service that integrates accessibility and delivery of material needs with service.             Brand image is dependent upon the feelings that consumers and other establishments have about the organization in relation to the evaluation of other competing brands. Marketing activities, such as advertising and promotions, falls under the general image of the organization. Once the organization has built its brand image, it should maintain this image because a negative change in the way that the brand name is regarded reflects on a decrease in customers and consequently of revenue. It takes twice as hard to rebuild a good brand image rather than initially building it. There are different management areas that the business should focus on in developing a good brand image. The people tasked to build brand image should think of two things in planning a strategy. These things are first is to sell the service of the organization as a short-term goal and second is to build image in the long run. During the process of promoting the brand name, the company should apply integrated marketing communications to ensure the efficient introduction of the quality of service that the organization stands for. Image is related to the strengths and weaknesses of the organization. The company should integrate all available resources and recognize opportunities such as combining a strong image with an external opportunity to create a strategic advantage. A comprehensive analysis of the image of the organization and its strengths and weaknesses should be integrated to solidify the connection with customers. The brand image should consider the different consumer behavior to be able to introduce a consistent message with the target market. To be able to effectively communicate the brand image to the public, it is important that within the organization the message and the brand image are clearly defined. The image should identify the values or principles of the organization and the extent that the organization has established its position. The purpose of communicating brand image is to instill a consistent and stable impression among customers. The general impression that hotels should develop is quality of service in terms of amenities, personnel and meeting the particular needs of customers for the market to develop an impression of the organization. The significant perception is that of the consumers rather than the view of the managers about the organization. Brand image is consumer-based because their perception about the organization determines their propensity to make decisions in choosing a particular hotel and in enlisting again the services of the hotel in the future. Brand image in the hotel industry has different components, which are tangible and intangible. The tangible components include the services offered by the organization; the different hotel branches in terms of location and accessibility; the marketing communications strategy of the organization; the name and logo of the organization representing the brand image; and the employees of the organization who are the forerunners of brand image. The intangible components include the operational and human resource policies of the organization; the organizational culture determining the beliefs and practices of company personnel; the external environment and location of the company such as the accepted personal and business practices of the particular country where the organization operates; and the publicity that the organization gets especially from the media. Brand image plays an important role in the perspective of the consumer. The brand image gives an assurance to the customer that the decision to obtain the services of the chosen organization in unfamiliar settings is worth it. Brand image also assures the customer of quality service when the latter has no previous experience of the organization. The image perceived of the organization also lessens the time spent looking for accommodations when the image meets the experience needs of the customer. The brand image also determines the nature and extent of connection that the customer develops with the organization based on the perceived openness of the organization.                          Brand image also plays an important role from the point of view of the organization. A good brand image ushers the acceptability of change and developments within the organization such as the introduction of new services and the putting up of new branches in different locations. The brand image determines the ability of the organization to determine the price of its services. A consistent brand image and consistently meeting the needs of customers results to the return of customers and positive endorsements through word-of-mouth. The brand image not only attracts customers but also qualified employees willing to work to maintain the brand image. A good brand image attracts favorable reviews from industry experts. 2.3 Delivering Quality Service             Competitive advantage is achieved by many organizations through their offer of superior service quality (Schmenner, 1995), which is a harder thing to do than offering product quality because there are a lot of service factors that are intangible and cannot be completely controlled such as the decisions and actions of employees and the result of the interaction between employees and different customers. Moreover, the customer judgment on the quality of service is based on the perceptions of the service recipient’s perceptions and expectations causing a difficulty in identifying and correcting service failures. (Hays and Hill, 2000).             Achieving service quality requires the organization to focus on building and transmitting the importance of service quality to the members of the organization. The efforts and contributions of management and personnel should be directed towards a clear vision of delivery of superior service quality. Employees should be motivated to provide quality service in all aspects of the operations of a service organization such as hotels. Outstanding service organizations have strong vision, initially market their offered service internally, evaluate service and publish results. (Albrecht and Zemke, 1985) There are two factors that affect perceived service quality, which are employee motivation and vision and organizational learning (Hays and Hill, 2000).             Quality is a significant predictor not only of profitability but also of the respective market share of organizations in the market (Buzzell and Gale, 1987).  The primary actors involved in ensuring quality are the personnel of the organization. The attributes of the personnel of the organization directed towards the achievement of quality plays an important role in consequently achieving customer satisfaction. The attributes emphasized in the field of service are commitment (Farber and Wycoff, 1991), organizational culture (Collier, 1994), and service delivery environment (Schneider, 1980). Employee attributes in the achievement of quality service is significant because service quality starts with people (Hostage, 1975).             The qualities of empathy, courtesy and responsiveness of employees in service delivery when combined in the interaction of personnel and customer influence the perceptions of customers on quality. Service personnel plays a significant role in service delivery that they are perceived to be an integral part of the service. Service employees not only create service but they also form part of service delivery (Czepiel et. al, 1985). This highlights the importance of motivating employees to become conscious of improving their performance and maintaining a standard quality of service based on organizational goals.           Developing a standard quality of service of the organization requires the determination of the goals of the company and the process of learning and improvement until such that the organization is able to establish a service quality that substantiates its brand image. Learning can be done in two ways, which are learning from employees and learning from customers. The organization should implement both an internal and external approach to learning (Marquardt and Reynolds, 1994). The rate that organizations learn constitutes a competitive advantage for the organization (Senge, 1990).              The organization should consider feedback from the employees in evaluating the effectiveness of a service because it is the personnel who directly observe the reaction and hear the complaints and praises of customers. Organization should also consider the views of customers by integrating a feedback system in service delivery. On the part of employees, the regular meetings and evaluations may be considered as the venue for collating employee experiences and comments on the service delivered and the system of delivery. On the part of customers, quality control is a system of getting the feedback of customers (Argyris and Schon, 1978). The hotel can establish a customer service booth or provide a form or a telephone number where their complaints can be voiced and addressed. The organization should use the records of complaints to assess and investigate the validity of claims, determine areas requiring change and device the most effective manner of making the change within a reasonable span of time.             In the delivery of quality service requires both internal and external consideration.  Internal consideration involves the creation of an organizational vision, the motivation of employees towards the realization of the visions and the establishment of a system for evaluating performance to facilitate learning. External consideration refers to information on the service expectations of customers, the integration of these expectations in the goals of the organization, and the establishment of a feedback system to solicit the participation of customers in evaluating the quality of service of the organization and enhancing organizational learning. Offering quality service to substantiate the brand image of the organization is primarily used to achieve customer satisfaction and eventually customer loyalty. 2.4 Achieving Customer Satisfaction             Customer satisfaction is what sustains the operations of the organization because an unsatisfied customer will not do business with the organization again and dissatisfaction may also dampen potential referrals to the friends and business associates of the unsatisfied customer. Even if the organization implement the newest technology in building the hotel and designing individual  rooms, offer the most expensive items for the use of customers, and train their personnel but if these do not meet the particular needs of customers, then satisfaction is not attained. The measurement of customer satisfaction is through the perception of customers and their propensity to engage the service again.             There is a direct connection between service, satisfaction, sales and profit (Gerson, 1993). However, these cannot be achieved without the imposition of measurements for performance. Measuring the customer satisfaction is important because everything that the organization measures are completed, improved and mastered. Having a measure of customer satisfaction also provides a detailed learning of the factors considered by customers as crucial to their satisfaction that will form the basis for identifying areas for improvement and the efficient change management. Every aspect of customer satisfaction should be centered on the customer.             The definition of customer satisfaction is based on the service that the customer expects to receive to become satisfied. A customer is satisfied whenever an expectation, whether real or perceived, is met or superseded (Gerson, 1993).  It is important for the organization to know the expectations of the customer and to know this the organization should ask the customer. This is the reason why in all service organizations, the personnel always ask for the preference of the customer. Starting from the reservation of hotel accommodations, the customer is asked about his or her preferences from the type of rooms, the amenities that comes with the room and other special arrangements. During the receiving and stay of the customer, there may be particular requests that the service personnel have to meet. An organization is able to provide satisfactory service by knowing the preferences of customer and anticipating the possible requests that customers may make.             For the organization to measure the value of customer satisfaction, the company must first measure the cost of delivering a poor service. There are several measures for determining the cost to the organization of poor service. First is lost customer revenue, which refers to the money that the organization will loose because of the loss of customer to a competitor because of poor service. Second is lost opportunity revenue that is the loss of money because of the decrease in the revenue that could have been achieved when the customer engages the services of the organization again and when the satisfied customer refers the service organization to friends and business associates. Third is customer replacement cost, which refers to the expenses that the organization will incur in looking for new customers. If the organization full comprehends the implications of these losses, then the company will start to recognize the role of customer satisfaction and profit.  (Gerson, 1993)             In the hospitality industry, customer satisfaction is based on the expected ultimate hotel experience of the customer (Sigala and Leslie, 2005). People no longer engage the services of hotels for board and lodging but customers seek a hotel experience that includes the amenities of the hotel, the services offered, the attitude of personnel, the completeness of service, and the manner that the organization values its customers. Although price still remains to be the consideration of customers, there are customers who are willing to pay a higher price for hotels with an excellent brand image but they also expect top service in return.              A hotel experience becomes measurable in terms of revenue when it is deemed a memorable. The organization increases the value of its services by including memorable experiences to service delivery. This is because the decisions of customers to consume and choosing a particular hotel are determined by hedonistic and psychological aspects (Gretzel and Fesenmaier, 2003). The ultimate hotel experience is that which satisfies the hedonistic expectations of customers. The experience creates a connection between the organization and its brand image and the lifestyle of the customer in the context of the intentions of both parties. There are physical and psychological considerations in achieving the ultimate hotel experience, which are the physical components of the service such as amenities and comforts and the psychological components such as the ambiance of the hotel, attitude of personnel and the drive to fulfill the emotions that people want to feel in a hotel. 2.5 Achieving Customer Loyalty             A loyal customer is a client that engages the hospitality services of a hotel every time an opportunity arises. Customer loyalty refers to the fidelity that a customer has for a particular organization as a result of a consistent experience of satisfaction from the services of the particular hotel. (Bowen and Shoemaker, 1998). Mutual trust develops based on the expectation on the part of the customer that the hotel will consistently meet the needs of the customer and on the part of the organization that the customer will patronize its services.              Achieving customer loyalty and retention involves the implementation of plans that prevent customers from changing their hotel preference. There are three considerations in preventing customers from changing their preference. First is the context of the engagement of the services of the organization. The needs and requirements of customers change depending upon the change in their circumstances and it is important that a hotel can accommodate the expectations of customers despite the changes in the context of the service engagement. The quality of service should still be consistent despite the fact that the customer previously visited the hotel on business and returns for leisure. Second is the control that the organization has on the marketing mix to efficiently maximize resources to provide a pleasurable experience to the satisfaction of customers. Price, location, promotions and services are the different aspects of hotel operations that the organization can control. Management should ensure that the operation of the hotel is synchronized in the direction of achieving customer loyalty.  Third is the consideration of the customer in terms of the background and the demographics of the customer. The background of the customer determines the service expectations of the customer, the fulfillment of which determines the propensity of the customer to return to the hotel in the future. Hotels should customize their services to accommodate cultural differences. There are cultures that require separate accommodations for men and women or the particular preparation of food. These aspects should be known and considered by the organization in providing service to international customers. (Morgan and Dev, 1994)                Service considerations include the physical and psychological aspects. The physical aspects include the accessible lay out of the rooms, elevators and stairs, bathrooms, foyers, restaurants and bars, and other significant aspects that contribute to the achievement of loyalty. The technical aspects of functionality also includes cleanliness and orderly placement of furniture in the room, the size and comfort of the bed, wall paper and decorations, quality of bathroom, facilities of the room. The functional aspects of the service include the style of service delivery, the presence of a customer service area, cleaning service and food delivery service. The psychological aspects of service delivery are the friendliness of the service personnel, speed of service, the attitude of employees towards customers, the ambiance of the hotel and the overall service reputation of the establishment. (Lewis and Pizam, 1981)             Price is a factor that contributes to customer loyalty. Pricing a hotel service is difficult because of the intangibility of the thing being valued (Dearden, 1978) Price that the organizations impose for their services primarily depends upon their official rating. A five star hotel has a higher price than a two star hotel. Generally price setting is cost-based. However, there are instances where price can be used as a competitive advantage for some sectors of the market. Whether the pricing system is cost or competition based or both, the organization should consider their target customers and decide based on the pricing that would effectively draw customers and maintain their loyalty. Price is also based on a good brand image that contributes to the motivation for customer loyalty.                          The location of the hotel is another factor that contributes to customer loyalty. Hotel location is a significant consideration depending on whether the customer is traveling for business or leisure purposes. A customer engaging the services of a hotel because of a business engagement in the area looks for a hotel that provides all his or her services especially the proximity to the venue of the business engagement. Businessmen travel with considerations for time and they would not ordinarily engage then services of a hotel that is far from the business areas. Leisure customers on the other hand consider the proximity of the hotel to the tourist locations and leisure activities that they want to experience. Location also matters to customers who are passing by the place and merely looking for transient accommodations. The smaller, more homely hotels located near major routes are usually the choice of accommodation for travelers and the small budget groups. (Hall, 1999)              Promotion is the other factor that contributes to customer satisfaction. Promotions in the hotel industry are classified into loyalty strategies, branding and relationship marketing. The common loyalty strategy is the issuance of loyalty cards that represents perks for frequent customers. This may work for some and not for others but if it works then the company expects to gain profit. Retaining 5 percent of customers will increase profit by 100 percent (Reichheld and Sasser, 1990). This is an excellent incentive for organizations to find a promotional program that efficiently retains at least 5 percent of customers for it to gain profit.

Development of the Hotel Industry in Taiwan

Chapter 2 Review of Related Literature 2.1 Development of the Hotel Industry in Taiwan The service ind...

Reflections From The Epic of Gilgamesh

Introduction             Dominance and subordination is synonymous to leader-follower scheme wherein the relationship is ideal to obtain the performance of one another’s societal functions in an effective and efficient manner.  The dominant imparts its decision-making and problem solving capabilities to uphold the welfare of people.  In return, subordinates serve the former and follow its conquest that precipitate to loyalty and respect.  The president who is widely respected by the citizenry, a husband who is loved and cared by his wife, and professors who are idolized by students are few of some dominance-subordination design in the society.             To determine such relationship is one thing, to verify the cause and extent of its existence is another.  On top of these is its purpose and implications to social order.  By analyzing the characters, their actions and their aspirations from “The Epic of Gilgamesh”, resolutions to the phenomenon can be settled and questions will be answered. Pillars of Social Order                   Because Gilgamesh has a “one-third man, two-third God” identity that resulted to super-natural strength, courage and “beauty”, he was basically known as a hero, and ultimately a king of.  For his part, he should maintain his dominance and show his capability to rule on a regular basis to retain the status quo.  This is exemplified through his stand against, challenge to demon-like and brawl against Bull of Heaven (50) that was all proclaimed victory across his name.  Every triumph was regarded a signal of competence and enduring dominance.  However, being a king who possess of powers, ill-effects of abusing it (xix) was inevitable.  But the extent of the abuse did not outweigh the extent of dominance, and so, continuing the order.  Distant from the tendencies to abuse power, Gilgamesh has a number of virtues like self-discipline (scoring marriage from Ishtar) (50) and camaraderie  which strengthened his right to rule.             The features of the main character in the epic are compatible to run a city which was regulated by deities.  The people are at peace that their kingdom will not be easily penetrated by warfare or profoundly cursed by gods.  They can rely to Gilgamesh to do the fighting to outsiders or negotiating to gods as the need arise.  They can focus more on household requirements like livelihood, raising children and develop the local economy.  With this, social order was met.  Thinking of the reverse, when people are equal in power and homogenous in status without the guide of a ruler and an established kingdom, they are highly vulnerable to threats from the outside and the gods would curse without mercy.  Civilization could be slowly attained because people are limited in their aspirations of development knowing that instability and lack of direction could annihilate their efforts in an instant.             This drive to subordination as determinant of social order, however, was partially shaken by Enkindu who hated the abusive side of Gilgamesh that ignited a collision.  Even Enkindu was lost in the confrontation, the conflict emphasized that dominance should be directed strictly to good purpose alone.  This showed that even a human from the wild is bounded to guard the acts of the ruler to assure that a certain social order does not result to ill-effects like the abusive tendencies of the dominant.  It also exemplified that the dominant-subordinate system would tend to adjust when roles of one another go beyond the rationale behind the creation of the system and deprived the other of substantial power or freedom.  Being the goddess of love, Ishtar retaliated against the refused marriage (50) she initiated partly because it is a deviation from the norm opposite her known status.  Also, the wife of Utanapishtim demonstrated this friction when she urged her husband and succeeded to reward the hardship of Gilgamesh (96) --- apart from the inherent subordination of women.                 The extent and implications of subordination was also enormous in the story.  The decision of the Council of Gods to impose a death verdict to, who had less initiative and participation to the conquest relative to Gilgamesh, illustrated that subordination can justify sacrifice on the part of a subordinate, even its life, to sustain the relative crucial role of the king in the society.  On the other hand, loyal (Utanapishtim) and valuable (Gilgamesh) subordinates in relation to its dominant ruler (Gods) would reward the former by sparing its life and renewing its glory (like Shamash intervention (40) in favor of Gilgamesh against Humbaba) or even bestow eternal life (96) (like Utanapishtim and his wife).                       Further, the subordination of women to sexual needs of men in the epic evidenced that such could be also used to achieve an end aside from the peripheral goal of obtaining the system, as in the case of the trapper’s use of harlot (2) to expel from the endowments of the wild.  In the stance of ferry-based servant, subordination meant less security in terms of tenure particularly means of living. The epic is largely immersed to the dominance of partly-god stature of Gilgamesh.  However, his crown was regulated by the full-blooded gods specifically the Council of Gods.  He had lost bargaining capacity and tamed as a subordinate when his first-ever close friend, as on the verge of death (68) and he had nothing to do to prevent it.    His dominance was eclipsed by the gods who provided guidance and protection to him to continue his reign, and ultimately, the order in the kingdom. In every chapter of the epic, the dominance of gods over men and non-pure gods seemed to be the greatest impediment for Gilgamesh to optimally celebrate the fruits of his dominance over people.  However, the revealing fact of mortality and death seemed to be an overlapping factor behind his vulnerability.  He took much pain and sacrifice to seek the key to immortality.  In the process, he submitted himself to some extent of subordination to eternal life (82, 96).  Although he utilized his status and dominance through self-proclamation to Siduri and Urshanabi , the motive was aimed to immortality and his submission to it.  Due to the blazing desire to end personal subordination of a mortal to death, he underwent the test of Utanapishtim  without doubting of possible deception.  Frustrated, the failed quest confined him back to dominating stance again.  However, this move took away the consolation prize of achieving youth rejuvenation.  The suspicion in the effectiveness of the consolation ended him going home empty-handed.  Chapter 11 of the epic implied that such was an unwise thinking coming from an experienced warrior, celebrated hero and notable king.                                                .  Conclusion              The social order in the epic was achieved through establishing levels of hierarchy in the society.  Subordination, in the likes of Enkindu and his kind including the rest of the people, resulted to ordinary people’s submission of some of their practices under the rule, decision and scrutiny of Gilgamesh because of his domineering attributes.  On the other hand, his rule is neither absolute nor universal as deities are on top of the social system.  This dominance was enforced and permitted to happen, albeit of his partly god status, primarily because of immortality demarcation.  It limits the scope of dominance not only of Gilgamesh but also all mortals when speaking of their subordination.  Dominant and subordinate individuals alike have similar bottom-line, which is death.  This provides disincentive to the ruler to abuse his power aside from good cause and remind him that such wrong doing would not last for a long time because of limitation in life.  On the other hand, people would tend to respect the ruler’s decision and abide the kingdom’s development projects to maximize their existence in the world and help improve the status of civilization keeping in mind that time ticks away from every crime or rebellion they would ensue against a fair dominant and elite.  Social order is thus seen thorough the mutual understanding and accepted vulnerability of the actors in the society giving rise to peace, and ultimately, prosperity.                    Before ending, it is fitting to quote a character in the Asian movie “Hero” which stated, “All under heaven.”  According to the story, these three words transformed the then vicious imperial army to exercise non-violent and non-fatal way of conquering lands, and eventually, meeting the kingdom’s endeavor and achieving its ends.  Finally, being dominant, subordinate and mortal keeps everyone in social order and live each lives to fullest enjoyment.  However, to install abusive and rebellious acts to power or solicited inferiority will lead to disorder and doom of a society.

Reflections From The Epic of Gilgamesh

Introduction Dominance and subordination is synonymous to leader-follower scheme wherein the relationship is...

Sample Essay Sexual Harassment Paper

To harass someone is to bother him or her. Sexual harassment is bothering someone in a sexual way. Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Although there are no known incidents of sexual assault and abuse in the workplace, sexual harassment in the form of unwanted and offensive behaviors and actions is taking place. The sexual harassment in the workplace involves both verbal and non-verbal communications that create a hostile and intimidating environment. Sexual harassment also affects and interferes with one’s performance. Verbal Harassment or Abuse <ul type="disc" style="MARGIN-TOP: 0in; MARGIN-BOTTOM: 0in"><li class="MsoNormal" style="TEXT-ALIGN: justify">Sexual insinuation</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Suggestive comments</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Insults</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Humor and jokes about sex or gender</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Sexual proposals</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Threats accompanied by implied or explicit threats concerning one’s job</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Unwanted phone calls and letters</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Unwanted pressure for dates</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Unwanted sexual teasing, remarks or questions</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Derogatory “feminine” terms for unsatisfactory “male” performance</li> <li class="MsoNormal" style="TEXT-ALIGN: justify">Sexually oriented remarks about another’s clothing, body, or sexual activities</li></ul> Non-Verbal Harassment ·         Suggestive or insulting sounds ·         Leering ·         Sexually suggestive looks, gestures, or body language ·         Material of sexual nature ·         Gestures with intentional sexual overtones §         Blowing kisses §         Licking lips §         Winking in a suggestive manner §         Blocking a passageway §         Unwelcome back and neck rubs §         Unwelcome clothing adjustments ·         Whistling ·         Obscene gestures ·         Physical harassment §         Touching §         Pinching §         Brushing the body §         Bumping §         Cornering §         Grabbing §         Patting §         Assault

Sample Essay Sexual Harassment Paper

To harass someone is to bother him or her. Sexual harassment is bothering someone in a sexual way. Sexual harassment is a form of sex discri...

Gender Discrimination

Gender discrimination Dealing with the matter of sport and ethnology, three major factors come to mind; prejudice, racism, and discrimination. These factors span across ethnic, racial, religious, gender, and cultural groups. The principal intention of this paper is to explore how discrimination and prejudice have played a part in the evolution of sport in our society, through the effects of why a high percentage of females do not play sport and to cover the cistrons that are thought to influence their decisions to relinquish from sports.   The general public, athletic women and film have always been used as a medium to express the discrimination against women athletes today. Gender inequity has been a major issue throughout Australia for countless years, and predominantly impacts on young females. This issue involves any action that grants or denies opportunities, privileges, or rewards to a person on the basis of their sex ( 2006). The justification in terms of why females don’t play sport and why they are less interested in sport opportunities than men are all based on the way we define ourselves as Australians. The lack of media coverage for women’s sport, the competitive side of sport, the importance of family, the influential role of friends and peers and the absence of role models. The foundation of all these impact and influences results in the decrease of participation and interest of females in sport.   The Australian Bureau of Statistics conducted a report in 1999-2000 on participation in Sport and Physical Activity. They concluded that the overall rate of participation in organised and non-organised activities for women (72%) is almost identical to that of men (74%). However, males (34.3%) were more likely to participate in organised ‘sporting’ activity compared to females (28.5%).   The Women's Sports Foundation Advocacy Department has developed the most recent participation and resources statistics for gender equity in High School and College athletics this year and their reports show that high school female athletes received only 41% of participation opportunities, which is 1.25 million less participation opportunities than male high school athletes, in addition they received 38% of sports operating dollars, which is $1.17 billion less than male college athletes.  These two reports, illustrate that boys and girls’ involvement in sport during primary school is almost identical. However, it is during the pivotal adolescent years then girls begin to depart and at a much faster rate than that of their male counterparts. This is evident in the report by the Women's Sports Foundation Advocacy Department.   Sport is believed to play an important role in the way we define ourselves as Australians. It is considered to be very important in the process of turning boys into men and is a significant form of male socialisation. Sport is also a way in which males can gain status among their male and female counterparts. However, if a female plays sport, her sexuality may be questioned, especially if she is good at it or does not conform to the stereotypical expectations. This is definitely the case if she has chosen to play a so-called ‘male’ sport, which could be defined as being more masculine. Girls, from an early age receive the message that boys play sport and girls watch them. This sort of message is also emphasised at the time when a girl hits puberty, where they are told that for their own safety, they can no longer play any sporting activity, but should do something for which they are better suited, more feminine. This sort of message is not positive for those girls who want to play sport for the same reason boys do.   Many people think that girls are not as interested in sport as boys. Research shows that boys and girls between the ages of 6 and 9 and their parents are equally interested in sports participation. However, by the age of 14, girls refrain from sport at a significantly greater rate than men. Girls and women simply do not receive the same positive reinforcement about their sports participation.  Little boys receive balls, gloves and sports equipment by the age of two. This reinforces the stereotyped expectations as they see their images on television as sportsmen, as they see their photos in the sports section and they know from their parents and friends that they are expected to play sports. Even though young females are not as likely to be discouraged from playing sports as they were ten years ago, they simply are not encouraged to the same extent as younger males. As a result, they enter organised sport two years later than young males and are therefore less likely to have the skills necessary for early successes. Typically, when girls play with boys, especially if they are in the minority, boys simply do not positively reinforce their participation, even-though girls develop much quicker physically than boys and often achieve better results then boys in the younger years.   In order to improve the interest of girls we must do a better job of supporting young females sports participation. A variety of methods that we can improve the interest of girls in sport would be by getting them to be aware other successful female athletes and this could be done by giving them a book about girls in sports or a book about successful sport stories of female athletes for Christmas and birthdays we must find, give gifts of sports equipment and sports lessons. We need to take our sons and daughters to see women playing sports so they grow up appreciating and respecting the sports skills of women and this could build up the confidents of a girl to see images of themselves excelling in sports because she is not going to see those images on television or in the newspapers, which brings us to our next point about Media coverage of women’s sport.   Media coverage of women’s sport is limited in Australia compared to men and this restricts individuals discovering more about women’s sporting ability and accomplishments. This lack of media coverage also denies many young women sporting role models and decreases a female athlete’s chance to gain sponsorship. The Australian Sports Commission measured the amount of media coverage given to women’s sport on an average fortnight in a 1996 study. It showed that women receive on average 10.7% of newspaper coverage, 1.4% of radio coverage and 2% of television coverage compared with 79.1% for men. Dr. Murray Phillips suggests that this was mainly due to the fact that women’s sport is not marketable enough to rate community appeal, as media executives argue that it is due to the lack of public interest and demand. This in effect leads to many women sport’s having to ‘sell their sport’ by dressing the female athletes in figure-hugging body suits to attract more coverage. However, this has raised many recurring issues.   The competitive side of sport has deterred many females who like to or want to be active. Evidently, the ABS indicates that women (45%) are more likely to be active in non-organised activities than men (40%). However, of those who played organised sport outside of school hours, boys played more often: 52% of boys played an average of once a week or more over the year ending April 2000, compared with 45% of girls. Older children played organised sport more frequently, with 57% of those 12 to 14 year olds who had participated doing so an average of once a week or more over the year compared with 36% of their 5 to 8 year old counterparts. The main answer behind this large difference is that many sports have a great emphasis on competition, but most girls play sport to have fun and make friends. Parents are a good indication of whether or not their daughter will continue participating in physical or sporting activities. Evidence shows that girls whose parents regularly exercise are much more likely to continue their involvement in sport than those whose parents are inactive. There are many girls’ however, who are encouraged to play sport from their parents, but those who have brothers are treated differently. Some examples include fathers instructing sons but not for daughters, parents making an effort to watch sons compete but not daughters and even parents making fun of their daughter’s skill level. There have also been many counts of mothers being poor role models when accepting their daughter’s body size and appearance. A mother can have quite a significant impact on her daughter, especially when it comes to food and diet. A negative attitude from a mother can be very damaging, in terms of how the daughter reacts to a comment made by the parent.   Friends and peers, much like family can have a very influential role on a girl who lacks confidence in their skill level, appearance and physical competence. Particularly, in schools, this can be seen as a way in which their peers treat them. In Western society, teenage girls are often confronted with taunts and insults mainly about their bodies. These taunts and insults largely come from their schoolmates at a time when they are particularly sensitive to such comments. Teenage girls are not just confronted with comments about their appearance, but have been harassed about their competence. There have also been cases of insensitive comments from teachers that have the same affect on a teenage girl’s confidence.   Sporting role models can range from athletes to coaches to even, physical education teachers. Role models are very important to young teenagers, especially girls who enjoy their sport. Without them, you would expect to see an even faster drop of girls participating in sport. A 1997 West Australian study by the Australian institute of sports was conducted, where teenage girls were asked to nominate their favourite sportsperson. Of the girls who underwent the study, 52% of them nominated a sportsman, 32% nominated a sportswoman and the remaining 12% did not nominate. However, the 32% who nominated a sportswoman, the majority named Cathy Freeman for her achievement in the 400M event, showing that when a sportswoman receives a high level of media exposure, it is only then she can become a role model for young women. Female role models in the form of coaches are also under represented with only 11% of women coaches coaching elite athletes (level three coaches). Fortunately, it is much better in schools, where women make up 43% of primary school physical education teachers (although only 80% of them are full-time, compared with 97% of males) and 51% of secondary physical education teachers. This provides girls with positive images of women playing sport on a daily basis.   In conclusion, this paper has stated out all the factors which are responsible for why girls don’t play sport. Quite simply, family, friends, peers, media executives, the Federal and State Governments should lead by example and encourage teenage girls to continue sport, in order to change the trend of young teenage girls departing of their sports due to the factors that have been made clear in the paper.

Gender Discrimination

Gender discrimination Dealing with the matter of sport and ethnology, three major factors come to mind; prejudice, racism, and discr...

Brief Resume of the Alpha to Omega Programme

The said programme was a one hour weekly lesson. It is said to be a multi-sensory method of teaching. It incorporates reading, writing, and spelling as an integrated programme.             At the start of stage one, children like Jo would benefit from the lessons of sequencing, short vowels hard and soft ‘c’ and ‘g’ and wall words, along with the revision of more complex patterns such as consonant blends, vowel digraphs and homophones. Over learning and repetition dealing with grammatical structures are also included in the programme. To establish rapid recognition of words of sounds, letters, and spelling patterns, dictation is used in isolation and in context. Other activities are included to backed-up the core activities, such as games, worksheets, flashcards, and others.             The need of visual discrimination exercises are addressed to solved the difficulty with regards to the b/d directionality. An example is the cut-out letters of ‘b’ and ‘d’ out of sandpaper. This will help in the improvement of the child’s skill in rapid and accurate visual discrimination, including the correct recognition of words when reading, and to recall while spelling.             Dr. Strydorn’s colour blocks are also utilized to assist in the development of visual sequential memory. This is to answer the child’s weakness in recalling words. The exercises expand to cover auditory sequential memory in the latter part of the programme.             Another aim of the said programme is to develop the child’s short-term auditory sequential memory. This will be beneficial for the child in remembering longer spellings, writing words he had just heard, and writing from dictation. One game fitted for this is the ‘list game’.             Aside from the needs addressed above, concrete application of the segmentation procedure of the sounds in a word in its correct order is needed to complete the learning process. Games can also help in achieving this such as cutting of a written word (in cards) in its syllable components.  The task is to arrange it properly and read it. And for the final task, the child is required to make a ‘funny’ new word out of it. This teaches him the essential skills needed, not only for reading but as well as spelling.             For the improvement of the fluency of his penmanship, some handwriting techniques will be included in the program. The encouragement of the child to write longer sentences instead of rows of single letters is also advised. This will aid the child’s letter formation, fine manipulative control, neatness and speed of writing. And for the problem regarding the difficulty in remembering and retrieving from memory common sequences, alphabet wooden letters are used.  Automaticity is expected to be achieved in the ability to lay them out properly and in correct order. This presents a natural progression to over learn letter sounds to aid sound blending particularly the vowel sounds.  Also incorporating the days of the week and the months of the year is also advisable to be included since it addresses one of the difficulties of the child.  Assessment of the Difficulties Encountered             From the assessments results, it was found out that Jo has difficulties in different aspects of learning. This includes reading, writing, and spelling. This simply shows that he lacks the ability to carry-out literacy-related tasks. This was due to his limited working memory, which in turn slows down and limits his performance.             In answer to the said problems, the Alpha to Omega Programme was chosen to be the foundation of his lessons. At the start of the program, basic lessons in alphabetic activities were introduced so as to cope with the learning capacity of the child. The sequence then leads to more complex letter patterns as the programme progresses.             Over learning and repetition, which deals with grammatical structures, are also included in the programme. To keep hold of the child’s limited concentration span, a variety of short activities are devised to address the said issue.             The child’s b/d directionality was also improved as the lessons progressed. The difficulty of the correct formation of the letter ‘r’, as well as the other difficulties of the child, needs to be in a continued remediation level throughout the entire programme.                   On the early part of the programme, it was also found out that Jo had fine manipulation difficulties. In response to this, different writing tools were introduced, for him to find one that is most suitable and the one that produces the best cursive script.                In addition to the said difficulties, Jo also made a complaint regarding the color of the paper he is using. According to him, the brightness of the color white causes inconvenience during reading and writing. Again, in response to this, the idea of overlaying was presented to him. To dull the effects of the white image, the overlay is being laid over the print. And as a result, he has chosen the color blue, as he feels a lot more comfortable using the said color. The Eye Science blue lined writing paper, in particular, was his personal choice for his writing purposes. Progress Achieved as Shown on the Assessment Scores             For Jo’s writing skills, there are certain improvements on it. However, considerable attention on it is still needed. This was due to the assessment that his handwriting was still regarded as illegible. Simple things such as the proper seating position during writing should also be ensured for him to find ease during writing. A variety of writing tools are also utilized for his comfort. Basics on letter formation were commenced with a mixture of activities such as clay moulding and tracing of cut-out letters from sandpaper. This was used as an aid to the improvement process of letter formation. For the writing activities, it was improved from short sentences to dictation work. In the end, free writing exercises are introduced to demonstrate how well they progressed in terms of their writing legibility.             In terms of writing speed, Jo had manifested no improvement at all. According to the R. Hedderly Writing Single Speed, for the last three years, he got a raw score of 52. In its percentage equivalent, it is in the bottom 10%, which means a lot of effort is still needed since the programme seems to be not effective to him, as there is no foreseeable progress on his record.             In terms of spelling, his scores are still inadequate for his age. As the records show it, his latest raw score in the WRAT 3 Spelling Test of 30 is still far beyond the normal score for children his age. It can be seen on his age discrepancy result of 1.7-2 yrs. Therefore, a lot of improvement is still needed for him to catch up with his batch mates.              On the other hand, the results for his reading activities are as follows: for the M. Turner One Minute Reading Test – raw score of 101 with an increase of 8 pts. as of the previous one, discrepancy of 0.7 months from the previous result of 0.11 months; for the M. Turner Non-word Reading Test – raw score of 24 from a score of 22 last year, age discrepancy of 0.9 months from a previous result of 1.1-1.3 yrs; and for the WRAT 3 Reading Ability Test – a raw score of 39 (same as of last year), and reading age discrepancy of 0.5 months + from a previous result of 1.1-2 yrs. As a conclusion, although the figures show progress on his reading ability, it is still advisable for him to finish the programme. The results proved that the programme is effective on him and must continue until he can now read side by side with normal kids his age.             In terms of Jo’s reading comprehension, the weekly reading sessions of the said programme improved his word bank of sight vocabulary. The phonic material, which is also included in the programme, enables him to engage in word families’ recognition. The paired reading activity gave way for his improvement in terms of reading speed and confidence. Future Intervention Recommendations             With relation to the said improvements, it is therefore recommended for Jo to continue the said programme. This was to further improve and build his relative strengths on certain skills which show considerable improvements. A writing programme such as Text Help on his PC is also encouraged to assist him in writing short stories without concentrating on handwriting, spelling, punctuation, and that what he says make sense. The said PC programme will eliminate some of his difficulties, in the same way as it encourages him on putting down his thoughts on paper.             A Dictaphone is also another great help for him. In here, he could use it to dictate his story first, and then type it out afterwards. This will help him focus on his story line without worrying about the spelling, writing, and keeping hold of his thoughts, all at once.             In the reading part, Jo had improved enough to make him now enjoy reading short story thriller books. It is therefore advised for him to continue his paired reading scheme to continue building up his reading skills. This will in turn improve his comprehension, automaticity, as well as his confidence and self-esteem.              For him to progress on his phonological awareness on learning further rules and patterns on spelling, he should proceed with the stage 2 of the structured lessons of the said programme. Also, the introduced RAWS strategy should be applied continually in order for him to have a strategy to use. PC games are also recommended for him to have fun while learning.

Brief Resume of the Alpha to Omega Programme

The said programme was a one hour weekly lesson. It is said to be a multi-sensory method of teaching. It inco...

Sample Essay for Arrest, Search Warrants, and Probable Cause

Individual Project 1.      Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person's garage, which is attached to the house. What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.             A warrant is the authorization or the right accorded to a party to conduct an activity such as the arrest of a person or search of premises. Due to the probability of abuse, limitations are in place to balance the right of the people to safety and security with liberties and privacy. Standards based on judicial interpretation of laws provide the limitations in issuing warrants of arrest or search warrants. However, application requires flexibility so that there are also exemptions to these limitations. (Berman-Barrett & Bergman 2006)                 Under federal law, the US Code provides under Chapter 205, Title 18 govern the rules in the issuance of federal warrants together with Federal Rules of Criminal Procedure. Each state also build upon warrant rules applicable to their jurisdiction but consistent with federal rules.             In the case of search warrants, the Fourth Amendment provides that search warrants made by law enforcement officers should find basis on probable cause. This is the existence of sufficient information to support reasonable judgment that a person or persons have committed a crime or that objectives used or involved in a crime may be found in a particular location. The standard of reasonableness then applies in the issuance of search warrants allowing the courts to decide on the issuance of a warrant based on the circumstances.          Moreover, the search warrant is only limited to the property or location describes so that another search warrant is needed to cover other areas. There are exceptions to the issuance of a warrant based on probable cause. Exigencies such as entering private premises in the course of pursuing a felon, the imminent destruction or transfer of evidence, the urgency of preventing a suspect from escaping, or the high probability of putting police officers or other people at risk.             When a search warrant has been issued, both properties found at the location and persons found at the location with connection to the property may be seized. This follows the reasoning on probable cause that a person connected to a property may be seized while an object linked to a crime found in a person may also be seized as part of the criminal investigation.             However, probable cause does not only support the issuance of warrants but also the right of law enforcement officers to search locations or properties even without a warrant (Groh v Ramirez 2004). This means that as long as there is probable cause, a law enforcement officer may stop to search a person, a vehicle or property and seize persons or objects suspected of committing the crime contemplated by the probable cause (Terry v Ohio 1968).             In the first situation, when a police officer has probable cause that a suspected felon is hiding inside the garage of a third person, a search warrant may be obtained in order to rightfully enter the third person’s private property. However, since there is probable cause, the police office may also enter the property especially when this is done in pursuit of a felon, imminent danger that evidence stored or placed in the garage may be destroyed or transferred, the felon may escape if the search is not done immediately, or delaying the search and seizure could endanger the police authorities or civilians. Although a warrant of arrest may also be obtained, the existence of probable cause also supports arrest without warrant.             If the police officer has knowledge that the defendant is injured and unarmed to immobilize the felon from escaping or posing a threat to the safety of the police officers and civilians, then this may call for a search warrant or warrant of arrest. However, even if the felon is injured and unarmed, other exigencies such as the destruction or transfer of evidence may also become imminent supporting the right of law enforcement authorities to make the search, seizure and arrest on probable cause. 2.      Formulate a set of circumstances in which there is probable cause to search but not probable cause to arrest; in which there is probable cause to arrest but not probable cause to search; in which there is probable cause to both arrest and to search.             There are instances when there is probable cause to search but there is no probable cause to arrest. The police learned of credible information to support the probable cause that a bartender was selling drugs. To act on this, the police authorities went to the bar to search the bartender and the bar he also owned. During the search, the police found heroine in the possession of the bartender.  On suspicion that the bar may be used to retail and consume illegal drugs, the people in the bar were also searched and some were arrested. Given these circumstances, there is probable cause to search the bartender and the bar but no probable cause to arrest other people apart from the bartender. This is especially so when the people at the bar did not act suspiciously to draw the police officers to think that they are hiding something illegal.             There are also instances when there is probable cause to arrest but no probable cause to search. In this instance, a passing police car saw a person wearing a closed jacket with a visible bulk on the pockets running away from a store when there seems to be commotion inside the store. On probable cause that the person may have stolen something or robbed the store, the police officers have the right to make the search. However, if they find no weapon or items that the person cannot account for, there is no probable cause to arrest and the police officers should let the person go no matter how odd the actions of that person may seem to the police officers.             In some instances, probable cause to search and arrest may arise at the same time. Police officers doing a routine patrol of the street observed a man crouched below the open alley window of a drug store already closed for the night. The position of the man looked like he just got out of the window. On probable cause of theft, the police officers accost the person. Since the man cannot explain what he was doing there at that time, the police searched the person and found reams of cigarettes in his pockets and a bundle of cash. This creates the probable cause to arrest the person. 3.      Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store two weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery. Do the police have probable cause to do any or all of the following? 1.      Arrest Mr. A 2.      Arrest Mr. B 3.      Search Mr. A's home 4.      Search Mr. B's home If you answered no to any of the above, explain why in detail. If you answered yes to any of them, draft the complaint or affidavit for a warrant or explain why a warrant is not needed.             A probable cause can be based upon hearsay but the information should come from a reliable source for this to be considered in support of probable cause to search or arrest a person (Aguilar v Texas 1964; Spinelli v United States 1969). In the given case, the reliability of Mr. A as a source of information should be investigate especially since he refuses to answer succeeding police questions on the circumstances upon which he came in possession of the stolen watches. If the police investigating the robbery determine that Mr. A does not have any participation or involvement in the robbery and that his circumstances allowed him to come into possession of the watches, then his claims may be worth pursuing. However, this should be taken together with the information on the possible involvement of Mr. B in the robbery.             Based on the claims alone of Mr. A that Mr. B stole the watches but without answering any further inquiries, the police do not have probable cause to arrest Mr. A because possession alone of the watches does not result to the probability that the person stole these especially when these were voluntarily surrendered to the police. However, the police should take custody of the watches. Based on the scant statement alone of Mr. A, there is no probable cause to arrest Mr. B because of the inability of Mr. A to provide the connection between Mr. B and the robbery. Concurrently, there is also no probable cause to search Mr. A or Mr. B without any supporting evidence.             If Mr. a makes the statement and acts in a manner that does not create suspicion on the part of the experienced police officers, then there is not probable cause to search the house of Mr. A. Without any supporting evidence connecting Mr. B to the robbery, there is also no probable cause to search the home of Mr. B. Discussion Board Debate the following statement: The United States Supreme Court recently held that if police fail to knock and announce then whatever evidence they seize will not be subject to the exclusionary rule.  Does that mean police no longer need to knock and announce before entering a dwelling?             The exclusionary rule provides that evidence gathered in a manner that violates constitutional rights cannot be admitted as evidence in criminal prosecution. This rule evolved to serve two purposes, to provide a remedy to people in instances when they are being prosecuted based on evidence collected in violation of their rights and to provide disincentive on the part of law enforcement authorities to ensure respect of constitutional rights in criminal investigation to secure conviction based on strong evidence.             In the recent decision of the US Supreme Court, that failure to knock and announce would render the evidence seized not subject to the evidence rule leads to divergent results. On one hand, this means that police officers may become complacent in practicing ‘knock and announce’ because even if they fail to do this, evidence presented would not be included under the operation of the exclusionary rule. This opens the possibility of violation of constitutional rights. On the other hand, this provides law enforcement with the flexibility they need in order for felons to be held accountable for their actions based on all the evidence collected, which could not have been achieved with the operation of the exclusionary clause.             The resolution of this issue involves striking the balance between the protection of constitutional rights and the necessary exchanges to strengthen the criminal procedures in the interest of peace and order in society. This balance should be subject to the determination of the courts in order to prevent this jurisprudence from being abused while at the same time ensuring that constitutional rights are respected in criminal prosecution. Unit 3 - Search Warrant Exceptions Individual Project             A search should comply with reasonable privacy expectations. Katz v United States (1967) provides a two-part test in determining whether a search complies with reasonable privacy expectations based on the Fourth Amendment. First test is that the action of law enforcement authorities contravenes the person’s subjective expectations of privacy. To meet this test, the individual whose person or property is subject to search should prove subjective expectations of privacy in the sense that the objects found during the search were kept in a private manner. Second test is that this subjective expectation of privacy should be reasonable with reasonableness determined by comparing subjective with general expectations. Although this test also considers the subjective expectations of the individual, this takes on an objective stand because of the consideration of reasonable expectations based on the general or common perspective. In California v Greenwood (1988), the court held that police search of a person’s garbage already thrown does not violate privacy because people intended the garbage not to be private.             Apart from compliance with reasonable privacy expectations, a search should also find basis on probable cause. In conducting a search, law enforcement officers should hold or carry the reasonable belief that conducting the search would uncover criminal activity or evidence of crimes. Carroll v United States (1925) provides that the facts known by the officers making the search is sufficient to convince a reasonable person of the merits of conducting the search. Texas v Brown (1984) adds that probable cause means having a practical and non-technical probability of the involvement of incrimination evidence. If police officers have probable cause, the search is valid.             In conducting the search, the plain view doctrine may find application. This doctrine provides that law enforcement authorities lawfully present in a scene or situation may conduct a search and seize objects in plain view. However, a requisite to this rule is that the police officers should have established probable cause to perceive the object as contraband. (Horton v California 1990)              In the case of the search of motor vehicles, additional rules developed. Carroll v United States (1925) provides for exceptions to the general rule in the case of the search of motor vehicles. Law enforcement officers may search a motor vehicle even without a search warrant provided there is probable cause has been established covering contraband kept in the vehicle. The exception is based on the consideration of a lower degree of privacy accorded to motor vehicles relative to homes because people do not usually live in their vehicles (Hendrei 2005). Moreover, the mobility of motor vehicles creates an urgency to accost the owner and search for contraband or evidence. Pennsylvania v Lebron (1996) provides that when a vehicle is in motion and there is probable cause to believe that existence of contraband in the motor vehicle, police officers may stop to search the vehicle.             The scope of the search depends upon the places covered by the probable cause or the places where the contraband is believed be placed or kept. This means that the search can cover the glove compartment, passenger and driver’s seat, trunk or the entirety of the car. Moreover, the contraband or evidence in the car need not belong to the owner of the motor vehicle. Wyoming v Houghton (1999) provides that ownership of contraband found in a motor vehicle subject to a search does not affect the validity of the search conducted by law enforcement officers. This means that the search is valid as long the contraband is found in the car, which was stopped on probable cause, even if the objects searched and seized turn out not be the property of the owner of the car. This circumstance could even support the probable cause of the commission of a crime or transport of contraband.             However, there are also cases allowing the validity of the search even if there is no imminent risk that the vehicle could be driven-off before the search warrant can be obtained. California v Carney (1985) provides that the motor vehicle exception rule also apply to motor homes provided the motor home is readily mobile and not parked in a manner that restricts ease in driving-off the vehicle. This means that the mobility of the vehicle determines the urgency of conducting a search without a warrant.             In the given case, the police officers had probable cause to accost the men for loitering because of their presence outside at night. This probable cause then provides the police officers with the right to accost the men to inform them about the law and investigate the situation. The detectives, judge and district court differently described the reaction of the men upon seeing the marked patrol car approach. However, all these parties agree that there was urgency in the movements of the men in reacting to the presence of the police car. Based on common perception, people that urgently move away due to the presence of police officers have something to hide. According to the testimony of the detectives, the men were also in an area with the buildings mostly abandoned and where frequent shootings and drug sales occur. The fact that the men quickly boarded the car to get away from the police and they were in an area known for crimes and criminal undertakings provided the police officers with probable cause to stop the car, a crime may be committed or in the process of being committed.             When the car was stopped, the police officers talked with the men to know what they were doing outside and why they quickly moved away from the patrol car. Stopping the vehicle for probable cause that a crime has been committed finds support in the fact that the men were not able to provide a corroborating explanation on their presence outside, in the area at night. Although loaded magazine clips were seen in plain view, this does not in itself support the probable cause to search the vehicle based on the judgment of the detectives. Due to these reasons, the police officers arrested the men for loitering and prowling. It was valid for the police officers to stop the car to investigate but not to search the vehicle since the probable cause that arises is for arrest for a crime not necessarily involving contraband. Discussion Board             Based on the facts alone, there seems to be no legal justification for the search of the defendant’s clothing since he was detained as a potential witness. Even if a potential witness has an outstanding warrant for parole violation, this does not support the change of perception that the person could be an important witness to a crime subject to investigation. During his detention, there was also no readily apparent evidence supporting his involvement in the crime. This means that there was no probable cause to search his clothing and conduct forensics test in relation to the murder.             The search of Mr. A’s clothing only achieves validity when this is supported by a probable cause that conducting the search could support the strong belief of the investigators regarding his involvement in the crime. The detectives handling the murder case should have uncovered evidence pointing to Mr. A as a suspect because of the circumstances of him becoming a witness together with a previous record for murder if this is the crime for which he was jailed and released on parole. Without knowledge or information to give rise to the probable cause to search Mr. A’s belongings, the search is not valid.             Apart from the lack of information to support probable cause, the concept of fairness provides that a previous criminal record cannot be used as the sole evidence for concluding that the person has again committed crime. Even a parole violation cannot be made to support actions to investigate a murder case that has nothing to do with the parole violation. Moreover, a parole violation does not usually involve search of clothing unless there is probable cause that the search would support the acquisition of evidence to support the parole violation.

Sample Essay for Arrest, Search Warrants, and Probable Cause

Individual Project 1. Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also h...