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A BUSINESS PLAN FOR STARTING A HANDYMAN BUSINESS

The Okshan Company Ownership:

The Okshan Company is a handyman service delivery company that is set to commence its business operation in February next year. This company will operate as a sole proprietorship business entity. Jackson Coal will be the sole owner of the Okshan business firm (Pride, Hughes, & Kapoor, 253). Jackson has a 10 year experience in the handyman service production field working as a production manager at Malvern Home Repair Company which is the leading handyman service provision company is the United States of America. Having worked in this company for such a very long time, Jackson has gained more experience, knowledge and skills in the field. Knowing how profitable this industry is, Jackson has decided to start his own company with the aid of his personal savings and family inheritance (Cheal, 392).

The Mission Statement for Okshan:

The mission of Okshan firm is to deliver the best quality handyman services to its customers in its market region.

The Objectives of the firm:

To have a clientele base that is the largest it can ever serve in its sustainable state. Burrow (2008), clearly provides that this act aims at ensuring that the firm acquires the largest market niche ever in the industry.

To offer excellent handyman service delivery to its customers ever in the region.

To have a pricing that would offer the greatest ever competition in the region.

To offer high quality and suburb handyman services to its customers.

The above Okshan objectives are set on the basis of the trends and prevalence of the conditions of the company’s market.

Keys to SuccessOkshan firm will have a product superiority aimed at the promoting the loyalty of the firm’s customers.

The firm will be located in a very appropriate place that would ensure the delivery and provision of handyman services in an effective and efficient manner.

The Okshan firm will constitute a highly trained staff that will offer high quality services and in return result in good customer relation.

The Business Structure of Okshan Company

174434544450General Manager

General Manager

3347085293370Security Manager

Security Manager

2080260234950Sales Manager

Sales Manager

39433526035Production Manager

Production Manager

18453104445Junior Staff

Junior Staff

The business operations in Okshan will be headed by the General Manager who in this case will be business owner. All the business operations in this firm will be overseen by the General Manager. At the second level of operation management in the firm will be the three managers; the production manager, the sales manager and the security manager. The Production Manager will be responsible for heading the production department in the firm that will be charged with the responsibility of service delivery, and carrying out any product related research. The Sales Manager will be charged with the responsibility of carrying out all internal sales and purchases (Peterson, Jaret, & Schenck, 198). The Security Manager will be in charge of handling all security issues during the Okshan business operations.

The junior staff in Okshan will be allocated duties by their departmental managers based on their specialization. Through the well designed firm management structure, there will be minimal cases of duplication of roles among the employees as well as the conflicts of interest will be minimized. The flow of information will be clear as the manager can use a specified mode of communication to ensure that the departmental heads and junior staff are informed on the tasks and strategies to be implemented so as to attain the set organizational goals (Cheal, 392).

The Okshan Marketing Goals:

The main aim of the goals of marketing of Okshan firm will be to create a clientele base that is large: The firm will achieve the marketing goals of the firm through;

Excellent advertisement within the area.

Locating the business at a place that is visible.

Production of unique and superior products.

Provision of excellent services through incorporating trained staff.

Timely delivery of products to the customers.

The basis of the marketing strategies provide that in order for a firm to develop a higher competitive power that would enable it outshine its competitors, it should develop operational strategies that will be favourable to customers. For example, it should offer services that are of higher quality compared to its competitors in the market (Pride, Hughes, & Kapoor, 253). Secondly, it should offer its services at affordable prices compared to its competitors and lastly, it should have highly trained employees that would offer their services in a more customer friendly manner. Target marketing and positioning are pivotal strategies that can be used to enhance increased sales, profitability, and attainment of competitive advantage in the long run. Irrespective of all these assertions, the goal’s firm is to use a differentiated marketing approach in which different marketing tools will be used to serve different kinds of customers depending on the pizza categories and market segments.

The SWOT Analysis of the Okshan Firm:

Strengths To become the leading innovator in handyman service delivery.

To offer handyman services on the basis of customer loyalty in combination with enlarging its market outreach.

Operate under a wide range of brand and distinct service delivery reputation.

Implement strong advertising and marketing activities.

Increasing market share.

2. Weaknesses

Small regions of service delivery.

Competition from large handyman service delivery firms.

Defect of new products that require no repair (Peterson, Jaret, & Schenck, 198).

Opportunities High demand of handyman services from old homes of American residents.

Growth of domestic furniture requirement.

Availability of highly trained personnel in the industry.

Increase in demand for a new type handyman services.

Threats Rapid change in the industrial technology leading to production of highly durable products.

Breached delivery of handyman services from local workers that are not registered.

Price pressure from the old existing firms in the industry.

Conclusion:

A handyman service provision is so far one of the most profitable business based on the fact that most United State of America’s homes were built by durable materials and after a long time they are demanding for repair and fixing (Pride, Hughes, & Kapoor, 257). The recent research in the handyman field confirmed that there has been an annual rise in the demand of handyman services by 4%. This is a great opportunity for any individual intending to start any handyman business. The business plan as seen from its component is a very essential requirement for any individual intending to start any business because it serves as a guide to all operations of preparing and starting the business firm.

Work Cited:

Pride, M. William, Hughes, James, Robert, & Kapoor, R Jack. Business. New York: Cengage Learning. 2010.

Peterson, D. Steven, Jaret, E. Peter, & Schenck, Findlay, Barbara. Business Plans Kit For Dummies, Edition 2, New York, John Wiley & Sons. 2011.

Cheal, Bob. Become A Handyman – A Quick Start Guide, Washington DC, Create Space. Com, 2008, p. 392

The possible reasons for the gender disparity in rates of eating disorders are not well understood, but there are several potential explanations. Among others, a gender disparity in rates of eating disorders may result from biological differences in the way women and men cope with stress, which becomes exacerbated by cultural or social factors such as a greater pressure on women to control their weight. Due to this high level of pressure for females to bear up physically and not be labeled as “fat,” some researchers argue that these societal pressures cross-sex the physical effects of eating disorders and contribute to their higher prevalence rate among women than men. Additionally, women’s experiences and concerns with their bodies may be more complex than men’s, resulting in differing associations with weight, body image and eating disorders. Therefore, the breadth of experience that women and men may have with eating disorders differs.

In relation to the social dilemmas faced by women in the United States, a gender disparity in rates of eating disorders is not surprising. Women are more often victims of abuse and sexual assault than male victims. Additionally, women are more likely to be poor or have low levels of education and income that contribute to issues such as poverty-induced stress. These stressors can exacerbate existing mood disorders or complicate their treatment.

Researchers have expressed concern about a gender disparity in rates of eating disorders. This concern stems from a large body of research indicating that women may be more likely than men to engage in unhealthy behaviors such as disordered eating, substance abuse and sexual promiscuity. This can result in gender differences in the treatment of eating disorders, including the type of treatment received, the length of time and resources devoted to treatment, and other aspects.

The main reason for relationship between immigration to the United States and obesity is the lack of exercise. In the United States, many immigrants are obese because they are not used to exercising in their home countries for health reasons. When people immigrate to the United States, they sometimes don’t make time for a healthy lifestyle and forget about eating healthy as well. So when these immigrants start picking up unhealthy habits, it causes them to become obese, which furthers their need for exercise. Immigration seems to have a significant effect on obesity, as most immigrants come to the United States with lifestyles that are unhealthy. Obesity leads to immigration because there is a lack of exercise, so people become obese and are less likely to exercise when they immigrate; therefore, making them more likely to get fat and become obese if they remain in America. In conclusion, immigration can cause obesity because it leads people into unhealthy lifestyles for health reasons which causes them to become obese. In conclusion, immigration leads to obesity and obesity leads to immigration.

ReferenceDurand, V. M., & Barlow, D. H. (2015). Essentials of abnormal psychology. Cengage Learning.

The Power Word-of-mouth has in Marketing, and how to Cultivate it, by Rafael Schwartz, Published by Forbes Magazine, on September 8, 2020.

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In The Power, Word-of-Mouth has in Marketing, and How to Cultivate it, published in the Forbes Magazine on September 8, 2020, Rafael Schwarz claims that online and offline word-of-mouth by a firm can influence consumers’ preference certain brands. He argues that consumers have always consulted with other consumers about the commodity they would want to purchase for the first time (Schwarz, 2020). The author suggests that the old customer’s review of the product, mostly influenced by how the firm treats the customer, affects the new customer’s decision to purchase or drop the product. Word-of-mouth plays a vital role in maintaining a customer’s lifetime value, profit maximization, and business expansion.

According to Rafael, a firm must follow six principles in the word-of-mouth promotion of their products to capture the customer’s loyalty, strengthen their trust and attract more to their brands. He advises that a firm invest in social currency, put up product triggers to the customers, connect emotionally with them, avail their product in all markets, offer practical value, and maximize captivating and memorable connections (Schwarz, 2020). These principles bring the firm closer to its brand consumers and make them feel safe, and it gives the consumers a sense of belonging, thus making them want to stick and continue working with the brand. More often than not, consumers pay attention to the treatment they receive on business premises rather than the value or price of the commodity. They believe quality customer treatment reflects on the quality of the products as well. Therefore, a firm that has mastered the principles is likely to maintain most of its old customers and attract new ones through them.

Estimation of Customer value influenced by word-of-mouth is relatively straightforward. Product firms use the purchasing patterns of their customers to study their product preferences and predict their future purchases and the channels they are likely to use (Schrage, 2017). Firms use sophisticated statistical models to project their customers’ past purchases, preferred commodities’ type, and price range, and time intervals to their future likelihood of making new purchases. However, it should be noted that this method can prove inaccurate since it is impossible to tell exactly the intentions of a consumer or their financial constraints. These factors can easily change their purchasing patterns as it tempers with their purchasing powers, especially the latter. Firms, therefore, acknowledge the fact that sometimes their predictions can be incorrect and establish measures to control such situations and expectations to avoid experiencing a drastic loss.

Firms also calculate their customer’s referral value to estimate how valuable their customers are to them in spreading their brands to other new customers in the market. This process is a bit complicated compared to calculating a customer’s lifetime value. It requires a firm to commit longer periods to conduct this analysis, usually six to twelve months, depending on the type of business in play (Schrage, 2017). This time consideration enables a firm to make accurate conclusions regarding their loyal customers’ influence on new customers by establishing variance in the referrals number. The firm accomplishes its objective by determining the average number of referrals a customer has made due to introducing an incentive on products purchased as a market campaign mechanism. Therefore, it requires the firm to study the customer’s purchase patterns but from a different angle from determining their lifetime value. Most brands prefer to count referrals influenced by the incentive market campaign within one year.

It is also important for a firm to distinguish the new consumers drawn to the products but not necessarily through their loyal customers. Some customers embrace new brands mainly because they want a change or get a new experience with a different product (Fan & Dong, 2021). They might as well have compared prices of the new brand’s commodities and found them to be affordable compared to the ones they’re used to, hence switching to the new brand. These are some of the factors that draw consumers to new brands other than being referred by their friends or people around them who identify with the brand. For a firm to identify referrals linked to their loyal customers and those not, they survey the ground and ask their new customers their trigger and motivation to purchase their brand (Kumar et al., 2007). They also question whether they would have been drawn to their product had it not been for the influence of an old customer. Answers and conclusions drawn from analysis enable a firm to understand and appreciate their customers more.

Firms pay more attention to their customers’ concerns, suggestions, and requirements. Firms understand how impactful their word-of-mouth is to their customers. Therefore, they establish strategies and policies that enable them to connect with the customers personally and create a sense of belonging (Schrage, 2017). Firms invest in employee training programs as one of the ways of enhancing customer treatment. Employees are subjected to lessons and training that help them interact with customers respectfully. They are taught to be patient and considerate because they interact with different customers daily. They are required to help them without complaining, even if the customer seems to be mistaken. According to most brands, the customer is always right, and the employees’ main aim is to ensure customer satisfaction at all times (Alavijeh et al., 2018). However, they are also taught how to stand up for themselves and handle abusive customers, which happens on rare occasions. Employees come out of training knowledgeable and ready to serve customers diligently, whether physically in the stores or online.

Firms also conduct self-evaluation over different periods to comprehend the business’s market position and what is required to maximize customer lifetime value. Firms hold meetings within their corporations to discuss consumer satisfaction and ways to attract more to their brands. It is a clear indication that they acknowledge and value their customer’s contribution to their firms, whether directly or indirectly. Firms strive to maximize the aspects that led to referrals being made in the first place, including word-of-mouth. They introduce new, quality, and advanced products that make them more competitive in the market (Alavijeh et al., 2018). Furthermore, they introduce discounts and vouchers to their loyal customers, which motivates them to shop with them some more and request their friends to join in the offers. Gifts and prizes to be won are also introduced to propel customers to purchase more commodities and spread the word to their friends and family hence attracting more new customers.

Customer Lifetime value enables a firm to calculate and determine the expected profit margin resulting from loyal customers. Since Customer Lifetime Value involves customer data scrutiny and analysis, the firm gets insights and can tell the profit to expect from their customers after a given time frame (Kumar et al., 2007). For this reason, firms lay down plans and policies concerning their costs and effective resource placement. Some of the costs incurred by firms include commodity restock, employee payments, store enhancements costs, and advertisement costs. Firms are able to work their way around these costs and on time, thus ensuring the smooth running of activities in the business, with little to no inconveniences. When the customers are happy and satisfied, everyone is happy

Customer Lifetime Value enables a firm to determine advertisement schemes that are capital intensive (Sauro, 2021). Consumer market segments allow firms to identify advertisements schemes that are likely to drain their resources, yet they do not yield a reasonable outcome. Therefore, they can change their marketing strategies depending on the resources they have at their disposal and adopt relevant and profit-yielding schemes. This way, firms prevent unnecessary costs that would otherwise result in a loss, thus insufficient funds to run their operations in the long run.

Conclusions

Consumers play a vital role in propelling and elevating a business in any market setup. They complete the cycle of goods exchange, and without them, a business would not exist. Therefore, firms should pay attention to consumer needs and address them appropriately, including their verbal exchange. Word-of-mouth has a massive effect on the consumer lifetime value, which consequently affects the performance of a business. Businesses that put their customers’ interests first and address them respectfully tend to strive and perform well in the market.

References

Alavijeh, M. R. K., Esmaeili, A., Sepahvand, A., & Davidaviciene, V. (2018). The effect of customer equity drivers on word-of-mouth behavior with mediating role of customer loyalty and purchase intention. Engineering Economics, 29(2), 236-246.

Fan, J., & Dong, L. (2021). A study on improving customer value based on the effect of word of mouth. Frontiers in Psychology, 12.

Kumar, V., Petersen, A., & Leone, R. (2007). How Valuable Is Word of Mouth? Harvard Business Review. Retrieved November 11, 2021, from https://hbr.org/2007/10/how-valuable-is-word-of-mouth.

Sauro, J. (2021). Why Your Customer Lifetime Value Is Important – dummies. Dummies. Retrieved November 11, 2021, from https://www.dummies.com/business/customers/why-your-customer-lifetime-value-is-important/.

Schrage, M. (2017). What Most Companies Miss About Customer Lifetime Value. Harvard Business Review. Retrieved November 11, 2021, from https://hbr.org/2017/04/what-most-companies-miss-about-customer-lifetime-value.

Schwarz, R. (2020). Council Post: The Power Word-Of-Mouth Has in Marketing, And How to Cultivate It. Forbes. Retrieved November 11, 2021, from https://www.forbes.com/sites/forbescommunicationscouncil/2020/09/08/the-power-word-of-mouth-has-in-marketing-and-how-to-cultivate-it/?sh=4851c8213df0.

A Book Chapter Review: Nay Et. Al (2009) Person-Centred Care

Introduction

Nay et al (2009) article discusses in great detail the person-centred care (PCC) approach but narrows their scope on the applicability of this approach to people with dementia (PWD). The authors use the Lund trial in Sweden as well as the Australian replication in discussing the importance of culture and environment in enhancing quick healing through PCC. The authors also offer a set of recommendations on how PCC can best be applied by organisations in treating PWD. Overall, the authors suggest that the most important thing is not what is done but how it is done that counts towards PCC.

PCC from Nay et al Perspective

Nay et al gives a brief but comprehensive analysis of the historical perspective of the health care. They argue that the health professional was historically an expert with immense power over the client. The organisation of the health care facilities only reflected health professionals’ convenience and older patients were generally neglected. Treatment was task-oriented too. The authors therefore want their audience to believe that PCC replaced a rigid and biased task-oriented health care system that neglected the plight of older PWD. PCC is packaged as the best method to treat PWD. Essentially, the authors believe that PCC entails the “recognition of and connection with the person, a focus on the person’s strengths and goals, an interdisciplinary approach, and recognition of the centrality of relationships” (p.109). Using an experience of a health professional that underwent a PCC at the hands of highly professional and motivated health workers, the authors want their audience to believe that the environment and the quality of care a patient gets goes a long way in helping them to not only recover from illness but to also experience the healing process.

Nay et al offers a well thought-out analysis of the scope and practice of PCC on older PWD. They achieve this by drawing on past relevant studies. For instance, while acknowledging that past studies might not be exhaustive, the authors list the following indicators as the core characteristics of an ideal PCC:

Acknowledging an individual as an experiencing person despite the disease, offering and respecting client choices, using the person’s history and biography in care, focusing on abilities rather than disabilities, supporting individual rights, values, and beliefs, providing unconditional positive regard, interpreting all behaviour as meaningful, maximising potential and providing shared decision making (pp.109-110).

They posit that PCC takes place through two core stages, the “doing” stage and the “being” stage. While the “doing” stage covers the normal tasks performed in aid of PWD such as showing or feeding the “being” stage involves the quality of relationship developed between the carer and the client, for example, a careful and loving feeding experience. Overall, both “doing” and “being” stages are determined by the surrounding environment which the authors believe is responsible for sending caring or uncaring messages.

While using the Lund trial in Sweden and the Australia trial, Nay et al show that PCC is entirely about how care services are provided among the older PWD. They show that quality of staff-client relationships is critical for the cusses of PCC simply because staff and clients lives are shared by being together and doing together. This is true since the lack of communication between the staff and the client’s exacerbates dementia condition – clients feel a ‘sense of personal accomplishment … with more positive interactions with” staff (p.112). The authors therefore recommend a “whole-of-organisation” approach whose core premises are leadership, clear and easy to understand philosophy, and a positive organisational environment. They also caution that PCC should not be a “pulled out” accreditation but a well understood method that health workers can administer easily.

Personal Response

Nay et al article seem to agree in large extent with existing literature on the subject supporting the importance of PCC, what it entails, and how health practitioners can utilise it in treating older PWD. For instance, the article agrees with Johnson et al (2011) and Victorian Department of Human Services (2003; 2006) argue that PCC enhances the contact between the carer and the student. Both articles agree that PCC strengthens the quality of relationships between the care giver and the client in both residential and hospital facilities. The articles arrive at almost similar conclusions on how PCC can be used to treat different illnesses yet they pursue completely different approaches. While Nay et al (2009) use two case studies, in their work Johnson et al (2011) use past works in building and testing a set of hypotheses.

However, Nay et al (2009) fails to offer credible evidence on how PCC can be employed in treating diseases other than dementia. Yes, the authors make a good case in convincing their audience that indeed PCC can be employed in a number of situations but I feel that the article does not give much empirical evidence supporting the applicability of PCC in other environments such as treatment of terminal diseases such as cancer among people from poor backgrounds where home care is the only option. For instance, what would happen to a person suffering from cancer in a poor rural background where transport and communication networks are poor and the ratio of health care workers to patients is so high such that giving personalised treatment to a patient is almost impossible? Since the authors posit that environment and culture are critical to the success of PCC, then what would happen to patients in neighbourhoods that are so deprived of basic amenities that they cannot even afford to regularly visit qualified health practitioners for diagnosis and treatment?

Conclusion

Nay et al make a good case of PCC and its applicability in treating older PWD in developed world where the ratio of health practitioners to patients is normally balance but they fail to show how PCC can be applied in treating similar or different cases in poor backgrounds where basic health services are lacking. I strongly agree that PCC is a good treatment method but I strongly feel its applicability is limited to areas that have proper healthcare structures. Otherwise, developing countries still employ the historical health care system where the welfare of the patient is not a factor when designing and structuring hospital and residential environments.

References

Ekman, I. et al (2011). Person-centered care: Ready for prime time. European Journal of Cardiovascular Nursing.

Nay, R., Bird, M., Edvardsson, D., Fleming, R., & Hill, K. (2009). Person-centred care in R. Nay & S. Garrat (eds.) Older people: Issues and innovations in care. Chatswood, NSW: Elsevier, 107-119.

Victorian Department of Human Services (2003). Improving care for older people: A policy for health services. Melbourne, Victorian Department of Human Services.

Victorian Department of Human Services (2006). What is person cantered health care? A Literature review. Melbourne, Victorian Department of Human Services.

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A book Summary of Good to Great: Why Some Companies Make the Leap…And Others Don’t by Jim Collins

Authored by Jim Collins and published by Harper Collins Publishers in the year 2001, the book Good to Great: Why Some Companies Make the Leap…And Others Don’t probably serves as one of the greatest pieces of writing that give the corporate world a keen look and analyze the interplay of various factors that are contributory to success as well as those that make corporate organizations fail. In 320 pages, Collins presents a precisely organized argument and clearly indicates awareness on the corporate world.

The book is organized and presented in an outline of nine chapters and an epilogue. The last four chapters that begin from chapter six, provide the run up of considerations that culminate into considerable business success. Chapter six of the book runs from page 120 to page 144 and is entitled A Culture of Discipline. This chapter draws the line of code of conduct that is expected of business practitioners. To this extent, there are practices that one must commit to and those that various individuals including managers, employees, and business relations personnel must avoid in order to attribute themselves to success.

The next chapter is dubbed Technology Accelerators and specifically deals with the organization of technological tools and the way they are used in enhancing business success. It clearly emerges that technology has a role to play in business, and the way it is adapted by some organizations determines whether they will be successful or not. At the same time, companies that ignore technology or adapt its uses without proper considerations end up failing in ventures.

The Flywheel and the Doom Loop run from page 164 to page 187. This is yet another part of the book building a strategy of what must and what must not be done in business to contribute to success and failure in business. The last chapter is the culmination of the topic of the book. The last chapter is the culmination of the topic of the book. The last chapter is the culmination of the topic of the book. From Good to Great to built to last. This is followed by the epilogue which contains commonly asked business questions that relate to business success.

In the appendices, the book offers direct comparisons of various businesses and their application of the analyzed facts in enhancing success and business growth. The first is A & P, characterized by hiring and firing of CEOs and employees alongside building theories of anticipated success which never comes to be. Addressograph’s era of ‘The Sky is Falling’ that was characterized by their claim of ‘total corporate rejuvenation’ which also comes to collapse and end in bankruptcies. Other organizations analyzed include the Bank of America, Bethlehem Steel, Eckerd, The Great Western Financial, R. J. Reynolds, Scott Paper, Silo, Upjohn, and Warner Lambert.

In successive considerations, there is an analysis of unsustained comparisons which begin with Burroughs that succeeds and fails in different fits as it changes CEO’s and policies as soon as CEO’s are changed. Other analyses in this section include great companies like Chrysler, Harris, Hasbro, Rebbermaid, and Teledyne among others.

In sum, the book Good to Great: Why Some Companies Make the Leap…And Others Don’t by Jim Collins offers an incisive analysis of the corporate world. The book gives compelling evidence to support its position and real time examples of how the principles it presents are applicable. To students, teachers, and practitioners in the corporate world, this book is a must read.

A Book Report and Case Briefings

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Chapter 7

The Fourth Amendment requires that valid warrants and probable cause be the governing principles for all searches. However, the U.S. Supreme Court has come up with special needs that do not recognize the warrants and probable cause. The special needs after striking a balance between the government’s needs and individual liberties. These special needs arise in day-to-day activities of a country. For instance, a sovereign state will allow people to come into her boarders for trade and other reasons. The state must conduct searches at the international border points to protect the citizens. The state conducts such searches without warrants or probable cause. In this case, the special need is to maintain security, which is beyond X-ray or metal detector scans.

The government is supposed to maintain discipline, safety and security among prisoners in jails or other institutions. This need for the government supersedes the prisoners’ privacy. Prisoners are also part of the Fourth Amendment, but they must undergo strip and body cavity searches. This is because it is a reasonable search with the aim of maintaining security. Organizations will search their employees and test them for drug usage despite their rights and privileges of privacy.

Students’ expectation of privacy is not beyond the school’s special need of maintaining a healthy learning environment for all students. Therefore, drug testing in any school falls under reasonable searches. A case of reasonable search on two females at the Chicago Police Department shows how the special needs supersede the expectation of individuals’ privacy (Samaha, 2012, p. 243). Therefore, prevention and control of crime is not the only justification for a search. I agree with these special needs because they are in the best interests of the state and the institutions concerned. The special needs eliminate the possibility of individuals misusing their rights of privacy.

Chapter 8

Confession of guilt among defendants is a factor of a number of issues. The setting and the environment influence the defendant’s beliefs, knowledge and thinking. These, in turn, affect their confessions. It is common for suspects to speak after going through the process of interrogation. Different states have different regulations regarding interrogation with some requiring that all interrogations be videotaped. Under common law, if was common for police officers to torture suspects until they confess, but the modern law allows a suspect to enjoy the privilege of a counsel.

Police have to issue warnings about interrogations before the actual process begins. A suspect has the right to remain silent and have a lawyer or waive the right on a voluntary basis. Involuntary confession occurs when officers use coercive authority to force the suspect in making some statements. In reference to the 5th Amendment of the Federal law, no individual can be compelled to be a witness against himself (Samaha, 2012, p. 243).

Confessions serve many purposes depending on the field involved. In law, they act as proof that justifies punishment or blame. They take a number of forms including confessions to friends and relatives who later report them to officers. Some statements that suspects make during their trial are confessions that are sometimes used against them. Police interrogations are other avenues for confessions, but they have raised issues and rules regulating them.

Case Briefings

Case 1

Citation Schneckloth v. Bustamonte (No. 71-732)

Facts Substantive: Police officers suspected the respondent’s car and requested for a search. The driver allowed the officers to search the car and after the search, the officers discovered three checks in the car. The suspects were convicted through the evidence the police obtained from the search.

Sources of Law (RULE): Statutory: A search warrant must be valid for it to be considered in a court of law.

Issues: Whether voluntary searches can be used in a court of law to make a ruling?

Holding: A suspect has the right to allow or deny a search through verbal means without coercion of authority. This refers to the case of Bumper v. North Carolina.

Rationale: The Fourteenth Amendment requires that a search or seizure be done after the consent of a suspect through verbal means and without coercion of authority. This is in line with cases such as Culombe v. Connecticut and Haynes v. Washington.

My Thoughts The voluntary search is in line with the classification of special needs and therefore valid to be used against the respondent.

Case 2

Citation: Welsh v. Wisconsin – 466 U.S. 740 (1984)

Facts: Substantive: Police officers obtained information about a reckless driver and proceeded to search the driver’s home. They found the suspect in his home and arrested him without obtaining a warrant. The officers suspended the suspect’s driving license after he refused to take a breath test. The suspect requested the court to determine whether the arrest was lawful but the court determined that it was lawful. The court of appeal however, vacated the court’s order because the arrest was warrantless.

Sources of Law (RULE): Statutory: An arrest or search must be accompanied with a warrant and probable cause.

Issues: Whether a warrantless arrest can be used to convict a suspect?

Holding: A suspect cannot be arrested for traffic offenses from his private home if there was no immediate of continuous pursuit from a crime scene. This refers to Payton v. New York

Rationale: The Fourth Amendment offers special protection for individuals in their homes. Officers cannot arrest an individual without a valid warrant from his home. This is in line with South Dakota v. Neville.

My Thoughts The court can use the idea of special needs to disregard the provisions of the fourth amendment that grant individuals the right of privacy.

Case 3

Citation: Schmerber v. California – 384 U.S. 757 (1966)

Facts: Substantive: The petitioner was arrested in the hospital’s bed after he was involved in an accident. The police officer requested the physician to take blood samples of the petitioner despite his refusal. The tests revealed that the suspect was drunk and provided evidence for his conviction.

Sources of Law (RULE): Statutory: An individual has the right to remain silent and speak when he wishes and also suffer no penalty for the silence.

Issues: Whether withdrawal of blood from suspect, without his consent is lawful?

Holding: The government and its authorities should not compel an individual in their attempts of extracting evidence that might be used against the individual. This refers to the case of Miranda v. Arizona.

Rationale: The Sixth Amendment grants suspects the right to enjoy assistance from counsel. The counsel has the right to make decisions on behalf of a sick/unconscious suspect. This is in line with the cases of Wolf v. Colorado and Weeks v. United States.

My Thoughts The test was not reasonable because the suspect’s counsel was not involved in the interrogation or the rest, which is contrary to modern law.

Case 4

Citation: New York v. Class (No. 84-1181)

Facts: Substantive: The respondent was arrested for violating traffic laws through exceeding speed limit. The driver produced the vehicle’s registration certificate but did not produce a license. The police officers had to confirm the registration by examining the inside compartment of the vehicle. They discovered a gun while searching and arrested the respondent.

Sources of Law (RULE): Statutory: The federal constitution takes precedence over the state’s statute when deciding on justification for searches.

Issues: Whether the court’s decision depended on independent and adequate statutory grounds?

Holding: Officers can search for registration materials within an automobile. The officers cannot ignore evidence on other violations of the law inside the automobile like in Delaware v. Prouse

Rationale: The fourth amendment does not grant citizens immunity when they are in their automobiles. The state has the right to intrude in any area provided it is not constitutionally protected. This borrows from Maryland v. Maco 472 U.S. 463 and Katz v. United States, 389 U.S. 347.

My Thoughts The search was reasonable because it was in the best interest of preventing crime more than it was concerned with the privacy rights of the suspect.

Case 5

Citation: Florida v. Jimeno (90-622), 500 U.S. 248 (1991)

Facts: Substantive: An officer overhead the respondent speaking through the telephone about drug trafficking. The officer followed the respondent and after searching his vehicle discovered cocaine, which was used to charge him in a court of law.

Sources of Law (RULE): Statutory: An officer has the right to use the privilege given by a suspect to conduct additional search on a patient.

Issues: Whether it is reasonable for the officer to search the container after the suspect grants him permission?

Holding: Reasonable searches or those that are within the law or those conducted with appropriate reasons. The state has the right to search a suspect or anything provided they have permission to do it as it is in the case of Illinois v. Rodriguez.

Rationale: The fourth amendment mandates searches that are reasonable especially when a suspect grants the police or any government agency the permission for a search. See Florida v. Royer and United States v. Ross.

My Thoughts The officers have the right to search the container without a warrant or a probable cause if by so doing; they are addressing the special need of maintaining safety of the public.

References

Samaha, J. (2012). Criminal procedure. Belmont, CA: Thomson Wadsworth.

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A Boy Discovers that a Visitor from Outer Space is living in his House

Coming home from summer camp, Kyle found a strange-looking lady seated in the living room with a cup in her hand seeping some tea. With a surprised look in his face and still staring in her direction, the lady was quick to introduce herself. “I am the new nanny and I have been waiting for you to arrive” the lady said in a hoarse voice. Kyle knew he was old enough to take care of himself, but bringing a nanny was his mother’s decision and he know too well that her decisions were incontrovertible. He remembered what happened to him the last time he tried to abrogate her decision. He had to be punished for three weeks by being denied all special privileges including watching television and using the computer except for educational purposes.

Kyle greeted the nanny and went straight to him room to rest after the long journey. The nanny followed him there to see if there is anything he needed and may be getting to know Kyle better. This lady looked strange in every kind of way and Kyle wondered why his mother hired her in the first place. The nanny explained that she would be responsible of taking care of him ensuring that all his needs are met when his mother is away.

One week passed and Kyle was getting along well with the nanny. There was one thing though; Kyle felt like he was subjugate in the nanny’s presence. She had the power to make one do whatever she wanted. It was a scaring thing, but at the same time confusing. Kyle knew that he had an overactive imagination so he was quick to dismiss his thoughts at first.

One day, Kyle came to the house and the nanny was nowhere to be found. He searched the kitchen and other rooms in the house, and then he finally stumbled on a note on the kitchen counter in which the nanny explained that she had gone to the store to buy groceries. On his way to his room, a thought crossed his mind; he thought about entering the nanny’s room to find out what she could be hiding. Kyle was in disbelief upon opening the door to the room. There was a screen showing strange-looking creatures and something that looked like a satellite not to mention other things that Kyle had never seen before. There was a homogenous solution that was green in colour that appeared to be in motion. Scared beyond his little heart could hold, Kyle ran out of the room and went straight to his room where he used all possible means to lock himself in. The first thought was to call him mother and impeach on the nanny, but that would put him in more trouble because his mother would not believe him. He knew that the nanny was from out of space and could probably be thinking of abducting them or may be she was using their house as a place where she could make contact with all her alien friends.

Kyle knew that if he did not take action, then there would be an epiphany of aliens roaming the earth or worse yet, there mission was to destroy the entire human race. He would not want to see their home destroyed or their neighbour’s houses since the people living there had been living in peace since antebellum. Right there and then, he knew what to do; he would take pictures and send them straight to his mother via the internet using his computer. He hurriedly went back to the room taking care not to get caught by the nanny. After taking he went back to the room and tried to connect the computer with the digital camera via a cable. The internet connection was slower than usual and as he was patiently waiting for a connection, he had a loud bang at the front door. The nanny was here and the pictures had not been successfully sent. The pictures were still being displayed on the computer screen when he noticed that he had not locked the door. As he moved towards the door, it opened suddenly and there stood the nanny who could not miss the pictures being displayed on the computer screen.

The Personality Traits that Are Important Sources of Criminality

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Institutional affiliation

Introduction

A criminal activity takes place when there is a means, motive, and opportunity. Criminal personality is the notion that criminals tend to have personality traits that are specific and predictable. Eysenck theorized that criminals tend to exhibit specific behavior patterns, have a genetic basis for the traits and that the formation of their conscience might be faulty. This essay discusses the personality traits of low self-control, psychopathy, and difficult temperament as important sources of criminality.

Low Self-Control

Research suggests that low self-control is directly associated with criminal involvement. According to empirical evidence, low self-control is linked with delinquency involvement, antisocial behavior, and violence. People that have low self-control tend to be more self-centered, irresponsible, impulsive, prone to risky behavior, and exhibit volatile temperaments. Studies have found that among institutionalized delinquents, parolees, and jail inmates. Low self-control is a classic predictor of maladaptive behavior such as theft, abuse, robbery, property offending, among others. According to research, low self-control raises the likelihood of a person engaging in criminal behavior when presented with a viable opportunity. Furthermore, more studies agree that people that have low self-control are more likely to take part in a wider range of criminal activities such as associating with gangs, computer-related crimes, and antisocial behavior (Eysenck, 2017). Such individuals tend to be less bothered with the long-term consequences of their actions and are more likely to partake in activities that grant them instant gratification, such as fraud-related activities and shoplifting.

Psychopathy

Psychopathy is another personality trait that has been linked with criminality. It is a clinical construct linked with behavioral and emotional disturbance, which are deemed significant risk factors for antisocial behavior, sexual recidivism, criminal recidivism, and instrumental violence. According to Hare’s psychopathy Checklist, people with a high psychopathy measure are more likely to be irresponsible, short-tempered, callous, egocentric, violate social harm frequently, display superficial charm, and lack the ability to show empathy (Tharshini, Ibrahim, Kamaluddin, Rathakrishnan, & Che Mohd Nasir, 2021). Additionally, people with psychopathic personality traits tend to be impulsive, manipulative, have low self-regulation, and are unable to feel guilt or remorse. Evidence points out that there are major differences between the crimes carried out by psychopathic males and females. Compared to their male counterparts, female psychopaths are less aggressive and rarely repeat their criminal behavior.

Difficult Temperament

Criminals also tend to have a difficult temperament. A person’s temperament is defined as their individual characteristic that entails a habitual emotional response to specific stimulus. A person’s temperament is a reflection of the baseline differences in the nervous system that involves components like variance in activity level, mood, and emotionality, self-regulation and withdrawal behaviors. Evidence points out that people with difficult temperaments encounter anxiety disorders, mood disorders, disruptive behavior disorders, major depression disorders, and drug abuse. Furthermore, temperamental deficits tend to contribute to violence/crime among adolescents.

Conclusion

In closing, criminal behavior has been linked with personality traits of psychopathy, self-control and difficult temperament. While there are many factors that inform criminal behavior, these three traits tend to be significant driving factors. These personality traits have a role in escalating the risk of criminal behavior involvement. Worth noting, not all people that these personality traits tend to be at high risk of becoming offenders. Moving forward, practitioners and stakeholders need to collaborate with the criminal justice system in identifying potential offenders early enough and give them treatment as a preventative measure to curb crime rates.

References

Eysenck, H. J. (2017). Personality and criminality: A dispositional analysis. Advances in criminological theory, 89-110.

Tharshini, N. K., Ibrahim, F., Kamaluddin, M. R., Rathakrishnan, B., & Che Mohd Nasir, N. (2021). The link between individual personality traits and criminality: a systematic review. International journal of environmental research and public health, 18(16), 8663.

The Personality Traits

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Institution

The Personality Traits

Traits significantly determine and shapes the personality of an individual and more significantly on the scope of life. In general, people show diverse trait personalities which made them have contrary opinions as well as a different way of doing things. Among the various personality characters that people portray according to Chamorro-Premuzic study include openness, agreeableness, extroversion, conscientiousness, and neuroticism. These traits make people who they are, what they like and enables them to undergo the inevitable process of change with regards to age and the subject environment. In this paper, the summary of the articles regarding “Ready for something new?” and “The best of a different drum” is precisely provided as well as the profound elaboration of the articles evaluation on how they fit the psychology study.

“Ready for something new?” is the title of the sensitive article by Tomas Chamorro-Premuzic based on tracing the cultural proclivities with regards to the nature of personality. The traits are divided into five which include openness, agreeableness, extroversion, conscientiousness, and neuroticism. It regards answering whether people whether people are curious showing a high level of openness, whether they are social signifying extroversion, are they driven by self-interests, emotionally active or are they agreeable showing a high degree of cooperation. Chamorro-Premuzic on their study to determine peoples’ traits researched people’s taste in painting styles. The styles were categorized into four major groups which are Cubist, Japanese, impressionist, and Renaissance. It was amusing to find that the trait with great and consistent artistic learnings was open and they were for Cubist, Japanese and Renaissance images. While the conventional individuals favored impressionist and they relatively scored low in openness but highly relished in agreeableness and conscientiousness.

Furthermore, looking at the beat of drum article particularly in consideration of the Gosling and Renfrew there an in-depth psychological understating. The researchers carried out a research on the taste of music among the students of the University of Texas. The grouped the vast scope of music into four distinct groups on which various people showed interest in different categories regarding the characters. The categories included intense, sophisticated music, regular tunes, and rhythmic beats. The rhythmic and dynamic music beats attracted the extroverts while the rebellious beats drew the attention of the people who were above average in openness. The complex music was favorite for both the politically copious and openness traits, while the favorite tunes draw the attention of the conservative listeners, agreeable as well as the conscientious.

The research study of the people’s variations in tastes and preferences in regards to the culture and the level of interest is significant in the study of psychology. It enables the learner to understand the importance of first carrying out profound research when addressing various people psychological issues as well as understanding their scope of interest. It is applicable in any fields in the real-life situation such as in commerce and medication sectors. For instance, in establishing a business, the entrepreneur needs the psychology skills of determining the people’s tastes and preferences of different commodities whether it is in cultural or technology advancement basis. It enhances the establishment of viable ventures which scope high profits and that are suitable to their demographical location.

From the above discussion, the study of psychology is essential in human life and well-being as it provides an understanding of the scope of tastes and fondness for various things. With proper application of psychological skills, people will be productive and be able produced the required products and services. Therefore, there will be an extensive development of the nation’s social-economic and political development.

A book report of Women and the American Economy: A look into the 1980s by Juanita Morris Kreps

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A book report of Women and the American Economy: A look into the 1980s by Juanita Morris Kreps

Authored by Juanita Morris Kreps and published in the year 1976 by Prentice-Hall and Englewood Cliffs, Women and the American Economy: A look into the 1980s probably remains one of the most powerful economic texts in American feministic history. In the book, main ideologies presented relate to the employment and unemployment of women, the concept and enhancement of equal job opportunities across different gender, the link between family, other societal units and the economic impacts of this interrelation, as well as reviews of occurrences and transitions in economic change. Other major themes considered include economic and monetary legislative procedures implemented by the government, Human capital, its existence and processes of legislation, the forces for labor as well as available market for labor, issues attached to sexual discrimination, other socioeconomic factors and feminism. In a broad perspective, the numerous publications falling within this edition truly offer a descriptive of Women and the American Economy.

Being a conglomeration of many papers, the dialogue of these publications is pegged on the rates to which women have developed and are able to expand their performance and economic roles. In this sense, they highlight changes in women’s socioeconomic lives and the resultant effects of changes brought about by the same. Again, they assess the impact of such activities and their transformation into the future; thus ‘A look to the 1980s. Not only does this collection cast an eye into the future, but as well, it quantifies this by a preview of the past. In this preview, the social values, work structures of women, their economic contribution and its overall economic effects are also analyzed and explored in detail.

In consideration of family setups and the relevance of awarding families time for care and development, ‘Women and the American Economy’ considers family roles as a homework that every woman must carry out. It is therefore inevitable that women invest their time in such activities, and that activities related to this must be given priority and consideration. An explorative review of the labor market reveals market segregation, and division of market labor lines. An example of large private firms’ case study indicates that there are those considered as men’s jobs while others are considered as women’s jobs. In this realistic view, there are also disparities in the payment systems offered for each individual and across these professions.

Reviewing the implication of women’s employment activities, there is an overall effect in their family lives and employment economics. Employed women are seen to experience better living conditions in their families. They support family finances and take part in family investment decision making processes. In essence, there is a realization that the more independent women are financially, the better their contribution to the American economy. In the search for this economic power and financial independence, the continuous and progressive establishment of equal opportunity laws takes place. These agitate fore equity, not only on financial and employment fronts but also on political and administration positions of women. When women achieve this distribution of political and administration position, they will stand better chances of participating more in economics and achieve increased equitability. Finally, the book talks about predictions from the 1970s into the 1980s which are indicative of the future expected positions of women in the society. In a nutshell, the whole book sums the position at the time in the topic Women and the American Economy: A look into the 1980s.

The composition of the book is eight articles written by different authors. An analysis of each of these indicates that there is quite an amount of scholarly work presented in them. These works question and critique certain issues in the economic state in relation to the women. To such questions, the articles still provide considerably an amount of answers. Yet even in this case, the articles remain analytical and specific on issues. It would be worth noticing that Kreps book is outstandingly non-sexist owing to the fact that it has six male and six female authors expounding different ideologies in relation to feminism and the economy. These authors also draw various economic projections based on the situations as in 1970s.

In review of the economic situations, projections made into the 1980s raise eyebrows and cause a number of worries. In the current state, there are skewed disparities in employment rates between men and women. In this prism, women are less privileged as they are viewed to earn money for secondary gains only. One of the authors; Nancy Barret, indicates that the society attaches a compulsive rationale to women’s employment situation and refers to their earnings as “pin money.” The prediction of more unemployment in the future then worsens the case, as this would mean less and less employment to the women. In the family set-ups, men are considered as breadwinners. This perception then works in favor of men and against women when it comes to employment and business opportunities. The perception that men are breadwinners and need employment more can be further confirmed by the contribution of Martha Griffiths which indicates more than two thirds of the total sum of women who are employed emanate from widowed, single, separated, or unmarried personalities. Thus, they are not within family set-ups. In cases where they are from married set-ups, most of them come from families where the husbands earn $7000 annually or less. In this sense, they have to work because their income is relevant as a supplementary to the husband’s salaries.

This argument is further substantiated by Griffith’s perspective that indicates that the value attached to the dollar owned by a woman is much less than that owned by a man in the market place. To this extent, analyses of various issues further bring out this inequality in a clearer way. Reviewing the provision of mortgages to men and women, comparing policies of life insurance to men and women, considering the policies on social security as well as analyzing the processes available for securing loans and all the conditions involved openly reveal that the American woman is not favored by her economy.

Unemployment is a sensitive issue that commonly attracts the attention of the society. In many states, it remains among the most common campaign tools used in asking the electorate for their votes by the politicians. Yet Griffiths notes that the American politician of this period is much less concerned with the state of unemployment. The reason for this little concern is the probably the fact that women form the backlog of the unemployed personalities. As such, it is not considered a serious issue that needs to capture much attention from politicians. On the contrary, the society remains obsessed with the idea of labeling a woman as a secondary worker and asserting for her that position more and more.

Another sensitive subject treated in Women and the American Economy: A look into the 1980s is the continuously changing role of women in the society which ultimately influences men as well as the members of the society. This contribution is made by Chafe, and he gives it a meticulous approach using specific time frames and proved documentation of facts. He singles out specific changes in economic roles as well as other social roles that women play in the society.

His first timeframe is the period preceding the 1900s. Over this period, Chafe notes that women’s labor was limited to farm and agricultural situations. In aspect, this was visibly a restriction as the only cases in which American women worked outside their homes was when they were non-native immigrant Americans or when they were racially non-whites. This in itself presents a racial structure and a traditionally set double standard of application. Notably, this standard and state was accepted by the society and entrenched into societal activities as existent. When industrialization came by, women’s participation in economic activities had to drop as men got job in the industries. Funnily, women were still not considered fit for industrial labor. On the other hand, women’s contribution to labor and economics had to drop because men would earn from industrialization as family breadwinners while women’s agricultural activities would become more passive in the absence of men.

In further considerations, the work done by men was considered as labor and had attachments of rewards. On the other hand, that of women had no economic connotation of any type. Considering that there was already a noticeable drop in economic values within family set-ups, women remained worse placed over the time. According to Chafe’s argument, women were on the overall considered to be home properties who simply belonged to the home. This stereotype made it quite difficult for women to achieve any economic or developmental milestone in America. As at the time Chafe was writing, he argued that this idea had carried itself further into the working place and had several connotations that wholesomely indicated it.

Another time-frame considered in this authorship is the duration between the 1940s and the 1960s. This period marks the possible beginning of sensible progress in the participation of women in economic and other societal matters. Although women had previously endured an undermined position in the society, the arrival of the Second World War brought with it different changes that had to be implemented. The first fact is that women came in handy in service at the war, providing the men with food, providing espionage services because of being less suspicious and subjective as well as working as service persons. Again, the departure of many men to the war created a gap that must be filled in the working environment. This gap was filled by women who gained employment positions in governmental and private organizations. It is worth noting that this position of women was societally accepted as it was considered a show of patriotism. On the other hand, women enjoyed these positions and went out of their way to prove that they were up to the task of working in employment opportunities. As Chafe puts it, it was this era that marked the institutionalization of women labor and their right to work away from their homes.

The last era is that that runs from the 1960s to the beginning of the 1980s. This span of 20 years is yet another sensitive descriptive of the transformations of women’s economic involvement in the American society. Although notable developments were seen in the preceding era, these were sometimes still considered as favors given to women. The society had not yet appreciated women fully and still held a hardline position on women’s work ability. At the same time, American women still remained considerably dependent on their husbands and societal control of numerous social factors. So in the 1960s, events were to occur that would change this position for good. These events included a more acceptable societal position and improved recognition in economic matters.

Just to note a number of changes, it is during this period that the use of control pills occurred. Again, the equal pay act which was to ensure that men and women would be paid equally was passes in 1963. This stopped the discrimination that was attached upon women in their society. Other acts passed over this period included the civil rights, and the equal rights amendment. Again, many commissions that looked into the welfare of women and various women organizations were allowed and formed by American women. Again, it was during this period that many prolific female writers began to express themselves more vividly and without withdrawn tendencies. To an extent, their assertiveness and desire to be recognized by the society had matured.

As argued by Chafe, this duration provided what would later be referred to as the liberation gap for women. In Chafe’s comparative review, this period was more successful than all other preceding periods. Again, the issues addressed successfully at this point were multiple and quite sensitive. Changes at home, in the market place and at work accorded the American woman a more comfortable point in her society. It is at this point that all the events of the past are used to cast a view into the 1980s which awaited American women. Even with noticeable difficulty, the economic activity of American women kept progress and improved each day with the American women overcoming previous barriers and becoming better contributors in the American economy.

Although the predictions made by the book are not quite encouraging to women, an assessment of the progress achieved is substantially gratifying. The contributions in this book are quite outstanding and indicate logically researched and argued positions with proof. This makes the book one of the most relevant texts in relation to feminism and women rights development, as well as laws and the history of women. To sum up, the book that drew its title from an American Assembly forum at Columbia University which was held in 1975 lived to tell the truth of the title. Even in the forum, there was appreciation that tremendous advancements had been made, yet the recognition of the fact that women and men were still far unequal. The skillful compilation addresses economic issues and the changing role of women in relation to employment, job markets, the family, and economic progress. It is a must-read for economic and feminist scholars and students.