Poverty and Domestic Violence

The topics chosen from the given scenario are domestic violence, poverty and feminism. Women's Aid (2009) defines domestic violence as physical, sexual, psychological, or financial. This takes place within an intimate or family type relationship. All forms of domestic violence come from the abuser's desire for power and control. The perpetrator is most commonly male but can be female. For the purpose of the assignment I will use the terminology domestic violence rather than domestic abuse because although the latter is the preferred term a lot of the texts still refer to this as violence. One in four women will be a victim of domestic violence in their lifetime; many of these on a number of occasions. One incident of domestic violence is reported to the police every minute and on average two women are killed by a current or former partner every week (Women's Aid, 2009). These statistics speak volumes as to the enormous problem we as social workers face. This assignment will briefly discuss interventions employed to ease poverty in history. Social policy and laws pertaining to domestic violence will be highlighted. Feminism will be used to mention the origins and dynamics of domestic violence. The Ecological Theory and its relevance to social work practice will be demonstrated. Personal reflection will be given and finally a conclusion will draw together the aforementioned topics. History and political development Domestic abuse can be resultant of social structural factors such as bad housing, unemployment and poverty. One can not plot the history of domestic abuse because historically it was seen as a private family matter rather than a societal issue but it is possible to look at a potential causal issue: poverty. An act which was designed to alleviate poverty was the English Poor Laws introduced in 1601 this dictated that the poor and disabled were taken care of by the working able bodied and the local parishes. The work houses accommodated thousands of poor people who had no choice but to enter these foreboding establishments if they could not find work. Prior to this the poor were cared for by charity (Marshall, 2002). Enlightenment arose in the eighteenth century as a result of the French addressing their problem of poverty, this was more a way of thinking than a movement but this spread across Europe. This belief was that the government should reward efforts of those working and should not make those poorer when they are willing to work by failing to provide employment. (McStay Adams, 1991). Less known for helping the poor is the contribution of religious women, one such example being the Sisters of Mercy who for many years during the 1800's provided direct aid to the poor. The Sisters of Mercy helped establish social welfare systems and according to Luquet (2005) contributed to what became social work. In 1942 the Beveridge Report highlighted what was referred to as the ‘five giants'. These were idleness, squalor, want, disease and ignorance. As a result of this a programme of employment was introduced, new houses were built, benefit schemes were initiated, free healthcare was available to everyone and free secondary education was provided by the state (Aslangul et al, 2000). Thatcherism is the term referred to during the period between 1979 and 1991 when Margaret Thatcher was Prime Minister. During her time in office she was concerned with controlling Britain's money supply, known as monetarism. She began privatising public companies and introduced the controversial poll tax. When New Labour was elected they merely retreated further from a commitment to welfare. Basically, they moved away from their traditional roots (McAuley, 2003). Social policy and law Social work has witnessed unprecedented changes as a result of the ever changing social policies and new laws which in turn have forced social work to adapt at an alarming rate. Humphrey cited in Davies (2008) in reference to domestic violence wrote; significant barriers are apparent when working in this area but the increase in awareness has resulted in the development of legislation, policy and practice. The Women's Movement in Britain during the 1960's and 1970's was influenced by radical feminism from USA. The ideology of this was to campaign for equal pay, job opportunities, education, reproductive freedom, childcare, financial and legal independence and end violence against women (Dobash and Dobash, 1992). The acknowledgment of violence in families was over 150 years ago when The Act for Prevention and Punishment of Aggravated Assaults on Women and Children 1853 and the Offences Against the Person Act 1861 (McKie, 2005). The first legal recognition in recent history was given to domestic abuse and the women's need to escape from violence in their homes with the introduction of The Domestic Violence Act 1976 (Pascall, 1997). Interagency collaboration is essential when working in the area of domestic violence. Working Together provides comprehensive and detailed guidance for professionals (Department for Education and Skills, 2006). To protect the victim of domestic violence the Protection from Harassment Act 1997 is in place which can be used to protect someone from behaviour which causes psychological injury. The Domestic Violence, Crime and Victims Act 2004 extend this power (Brayne and Carr, 2008). The Adoption and Children Act 2002 was amended to include the definition of harm, which now states ‘impairment suffered from seeing or hearing the ill treatment of another'. Those vulnerable because of domestic violence or the threat of violence are given priority for housing according to the Homeless Act 2002 (Alcock, 2008). Chung et al (2001) reported that the government suggested to gp's to consider routinely screening women for domestic violence to try and increase rates of identification. However, it is only recently that this concept has been implemented in midwifery but has yet to become commonplace in general practice. This is disappointing because more women are seen by gp's. Also, women may see their doctor about something which may appear unrelated but as Humphreys and Thiara (2003) explain depression, post-traumatic stress disorder and self harm are so prevalent amongst abused women these are referred to as ‘symptoms of abuse' which could be picked up and acted upon by gp's. Feminism Dutton (2007) wrote that psychiatry in the early twentieth century had determined that women remain in abusive relationships because the punishment fills an unconscious need in them. Fortunately, this viewpoint was seen as victim blaming by feminists. Feminists all share the same basic philosophy of wanting fairness and equality. There are however several feminist theories such as radical feminism. It was feminists who first highlighted domestic violence and other taboo issues which were previously beyond public scrutiny because it was thought these belonged to the private sphere of the family (Hester and Pearson cited in Trevithick 2005). Research shows there is a link between domestic violence and child abuse. Women with learning disabilities have been found to be vulnerable as are physically disabled women (Humphries cited in Davies, 2008). A very powerful statement by Stacey and Price cited in Pascall (1997) wrote domestic violence is a way men assert power over women. Foucalt (1979) disputes this suggestion because he says power is not used against another and power is not seen as a property or possession. Karl Marx highlighted women's inequalities and their oppression within society but capitalism was mentioned as being the main reason for this (McAuley, 2003). According to Harris (2005) feminists criticise the media especially the film industry for the film industry for their explicit portrayal of sex and glorifying male violence against women. Similarly, reported allegations of rape are increasing while convictions in the UK decline (McKie, 2005). This knowledge does not instil much confidence in women and in my opinion damages the feminist principles that have taken so long to construct. It must be recognised that only a small number of men are interested in pro-feminist theories and ideas. Ecological theory, social work practice and reflection. The ecological theory in sociology has a direct connection to human interactions. It explores the relationship of the physical environment and human culture (Macionis and Plummer, 2005). Using this theory it attempts to link violence in the family to the broader social environment. As a social worker one must recognise women who are being subjected to domestic violence and need a network of support. These include cultural, formal, informal social family networks, the closer family setting and circumstances and family history. It is important to know the policies and laws pertaining to domestic violence. Also, it is beneficial to have knowledge of safe houses, counselling services and practical support. My personal opinion about domestic violence has not changed over the years. Although, I have recently recognised and accept the relationship between low self esteem and domestic violence. I had a fortunate upbringing and my father always instilled in me the importance of having self respect first and foremost when meeting people. I did have a friend who was subjected to domestic violence but she did not confide in me until her boyfriend had left her for another woman, which I told her was a blessing for her. The thought of someone being violent towards another human being makes me feel sick and I can not comprehend what motivates anyone to abuse another person. Conclusion This assignment has explored domestic violence, poverty, history and politics in relation to poverty. Policies and laws were mentioned which protect those subjected to domestic violence. Feminism was discussed, the ecological theory was briefly applied to domestic violence and an explanation was given to its relevance to social work. Finally, I reflected on my own thoughts and feelings in relation to domestic violence. Having completed this assignment and read widely on the subject of domestic violence I feel this is an emotive area which requires much empathy and support. I believe the most important qualities when working with this issue is to be the victims advocate and empower them on their terms.

A report about the recruitment and selection for a particular job role Essay

The assignment is to write a report about the recruitment and selection for a particular job role in the sports and leisure industry. The tasks are: to create a job advert and get my peers to act as applicants; go through the whole recruitment and selection process and at the end choosing the most suitable candidate out of those that applied; choosing the most suitable applicant and offering them the position; producing an induction and motivational programme for the chosen candidate. Sufficient research will be carried out to help the analysis of the recruitment and selection processes. There will be an evaluation judging the effectiveness of chosen approaches. The Recruitment Process Recruitment is the process of generating a pool of capable people to apply for employment to an organisation. The Recruitment Process is when a business looks for and finds a suitable person to fill a certain job position. This includes job description, job adverts, person specification, application forms, short listing, dealing with references, assessing candidates, deciding on the most suitable candidate and then informing those who did not get the job. Businesses need to avoid discrimination by sex, race, disability or age during the recruitment process so that they do not get sued. This allows them to make sure the best candidate gets the job. Firstly the business will need to draw up the Job Description. This usually includes the job title, location, information about the company, the job purpose, a detailed list of job requirements and skills, the salary and benefits, working hours, promotion prospects, who the employee will be responsible to and finally who the employee is responsible for. In order to draw up a suitable job description, the human resource manager interviews the current jobholder and the line manager so that they can do a job analysis. A job description is drawn up because it is important when carrying out appraisals, and it helps analyse jobs and training. It also helps with work force planning and pay determination. They can then use the job description to place the job advertisement. EXAMPLE OF A JOB DESCRIPTION POST TITLE Administration Assistant DIVISION/DEPARTMENT Installation & Facilities Management REPORTS TO Installation & Facilities Manager GRADE 7 AIM To provide administrative support within the Specified Group within the Technical Division. The post holder will be required to work flexibly, in a rapidly developing office environment. It may be necessary to assist, or cover for, other administrative staff from time to time. RESPONSIBILITIES The key duties of the post are as follows: * Filing of correspondence in/out * Setting up and maintenance of filing systems as and when required as works progress * Preparing document transmittal forms based on a list of drawings/documents which the Group is required to issue * Upkeep of the document/drawing register of all the Group contractors who have been sent documents/drawings and their issue * Typing – Word skills for general preparation of letters/forms that the Group will issue, along with logging into the Group records system. * User notifications for statutory/routine/unplanned for inspections/testing/repairs, etc. * Arrange meetings, book and prepare meeting rooms and provide/arrange hospitality * Once operational – helpdesk assistance Plus other duties consistent with the grade as directed. Because businesses change often the Job Description will inevitably change. An employee might need to do other jobs that are similar to their job if they are directed to do so by their management. Next they will need to draw up a Person Specification using the seven-point plan, which was an idea from Alec Rodger. The seven points are: 1. Physique, health and appearance- is the person well groomed? Are their looks suitable? Are their dress sense, voice, hearing and eyesight suitable? Is their health in order? 2. Attainments- what type of educational and vocational qualifications do they have? What is their job experience? 3. General intelligence-What is the level of the person’s general intelligence (obtained through IQ tests)? 4. Special aptitudes- what special skills does the person have? 5. Interests- what are their interests and hobbies? 6. Disposition- do they tend to influence others? Have they got leadership potential? 7. Circumstances- what is their age group? Are they single or married? Are they mobile or not? This usually requires managers to differentiate between essential and desirable qualities under each heading. For example five GCSE’s at a grade C or above might be essential for ‘Attainment’ to do a particular job, whereas two GCE A Levels might be desirable but not essential. Then the job advertisement can be placed. To create the best advertisement you have to make sure that: the advertisement gives a clear picture of what the job entails, the advertisement sets out clearly where the job is located, the advertisement is focused enough to attract people with the right sort of qualifications for the post, the sort of people most likely to apply for the job are suitable, the advertisement indicates opportunities for job development and for personal challenges over time, that an applicant knows how to apply for a job and that the advertisement in its present form will screen out unsuitable applicants. The advertisement should be placed in a suitable place so that the people with the right qualities apply. Most advertisements include the job description, a brief description of the environment of the organization, the location of the organisation and the job, the salary expectation, the contact details, the minimum entrance qualifications, the required job exp erience, the fringe benefits and the organisational identity. A job advert should provide prospective candidates with information but should also deter people who are not suitable for the job. The presentation is also important as it gives people their first impression of the organization. Many legal considerations need to be met when recruiting. The equal pay act 1970 states that there should be equal pay and conditions for people doing the same job and this would apply to the job advert. The Sex discrimination act 1975 states that employers can’t discriminate between potential employees on the fact that they are male or female. The 1986 sex discrimination act states that there must be a similar retirement date for both men and women. The race relation act 1968, 1976, 2000 states that there can be no discrimination against people of different colours, race, ethnicity or national origins. Finally the disability discrimination act 1995 and 2004 states there must be no discrimination at work, and that the employer must provide a suitable workplace for the disabled employees. Here is a flow diagram of the recruitment process: The Selection Process Selection is the process by which managers and others use specific instruments to choose from a pool of applicants a person or persons most likely to succeed in the job(s), given management goals and legal requirements. Firstly you have to draw up a shortlist of the most suitable applicants out of the large number that applied for the job. The people who draw up the shortlist use the job description, person specification and other sets of criteria to reject the people who are not right for the job. They are usually sorted into three piles of suitable candidates, possible candidates and rejects. After this you would send out letters to invite the most suitable candidates to an interview. These letters set out where and when the interview will take place and anything that the candidate will need to do before the interview. Usually, the interviewer creates forms for use during the interview including a list of questions to ask. Equal opportunities requirements state that the candidates must be asked the same questions. Sometimes the interviewer will also draw up a list of criteria for the candidates to meet. Also you will need copies of the interviewee’s application forms, CV’s, and cover letters and copies of the person specification, the job description and interview assessment schedules showing the criteria for the applicants. Interviews are generally relaxed and comfortable so that the applicant can show their best side. A good way to start could be to ask questions about the candidate’s journey to the interview. The interview is a two-way process and although it is a way for the interviewer to find the best candidate for the job, it is also a way for the interviewee to make sure this is a suitable environment for them to be working in. The question asked should relate to the person specification and job description. Most of the time the interviewers will make notes to judge if the candidate meets the requirements. Also questions are asked that need detailed answers. Some jobs involve testing to find out whether certain people have the right personalities to carry out specific types of work. A psychometric test is a way of assessing a person’s personality, drives and motivations. An aptitude test is used to find out whether a candidate is suited to carrying out a particular type of work and involve some form of stimulation of that type of work. At the end of the interview, the interviewer should ask the interviewee if there is anything they would like to ask. Then the interviewer will explain how they will inform the candidate whether or not they got the job in question. Normally candidates will be given feedback on how they performed in the interview. They should be told why they were not suitable for the post, but also tell them what they did well. This feedback should be seen as a positive process and help with the ongoing development of the interviewee. After the most suitable candidate is selected, they will be informed of the choice and they will be asked if then still want the job. This is normally done over the phone straight after the decision has been made. Then the person will accept or reject the job. Legal considerations need to be met when selecting aswell. The Sex discrimination act 1975 states that employers can’t discriminate between potential employees on the fact that they are male or female. The 1986 sex discrimination act states that there must be a similar retirement date for both men and women. The disability discrimination act 1995 and 2004 states there must be no discrimination at work, and that the employer must provide a suitable workplace for the disabled employees. The race relation act 1968, 1976, 2000 states that there can be no discrimination against people of different colours, race, ethnicity or national origins. Finally, the equal pay act 1970 states that there should be equal pay and conditions for people doing the same job. Here is a diagram of the selection process: Induction Process Induction is a formal initiation of a new employee into a new organization or new position, the job they will have to do and the people they will have to work with. After completing the recruitment and selection processes, the chosen candidate is sent all details that will be needed for the job. This will include the start date and time, place of work, who to ask for on arrival, details of social provisions and details of medical care and pension provisions. The employee could ask for a written statement of the terms and conditions of employment. Induction normally includes giving them a tour of their workplace, teaching them about the aims of the business, giving them some background information about the company, teaching them about health and safety around the company (fire exits e.t.c), how to contact the company when they are absent, ill or late, an introduction to the various people they will be working with and making sure that they know if the person needs training or not. The Induction programme must be suitable for the candidate and also the job role. An induction package would include the objectives for the induction programme, which would set put what you want the employee to get out of the induction. It would also include a timetable for the induction and an outline of the activities that they will have to carry out. Induction is carried out because it allows a new employee to get acquainted with the company and the people in it, it teaches them about company policies, their rights, and the health and safety requirements, and finally it ensures that the employee starts working effectively and productively as soon as possible. By the end of induction the new employee aims to find out as much important information about the company as possible, find out what their part will be in helping the company run efficiently, feel comfortable and optimistic about working at the company and it will help them in personal development and finally find out about their rights and responsibilities. Employees need to be conscious of what they need to do if they are going to be absent or late or if they are ill. If there are too many absences then it will begin to affect the performance of a team. Also if an employee knows they are going to be late then they need to inform management so that appropriate cover can be provided. Most organisation ask employees to get a note from the doctor to prove they have been sick, and a doctor’s certificate if they are away for more than five days. If the new employee is unfamiliar with the software used in the company then they will have to be familiarised with it. Therefore the employee will need to talk through the software with the employee and, if this doesn’t work, send them for training. In some cases on-the-job training is more effective as it undertaken in the workplace and it therefore familiarises them with the computer in the workplace. However, in other cases, off-the-job training is more effective as it is away from the workplace and people who have correct qualifications train them. Legal considerations also need to be met when inducting. The disability discrimination act 1995 and 2004 states there must be no discrimination at work, and that the employer must provide a suitable workplace for the disabled employees. The Sex discrimination act 1975 states that employers can’t discriminate between potential employees on the fact that they are male or female. The 1986 sex discrimination act states that there must be a similar retirement date for both men and women. The race relation act 1976, 2000 states that there can be no discrimination against people of different colours, race, ethnicity or national origins. Finally, the health and safety at work act 1974 which states that ‘it shall be the duty of every employer to ensure, so far as is reasonable practicable, the health, safety and welfare at work of all his or her employers’. Motivation Motivation is applying what drives a person, so that they will want to work productively for your company. Everyone is motivated differently. If a business had a motivated workforce then a businesses profitability will be boosted. Different factors of motivation will increase revenue and reduce costs. If an employee is motivated to increase their efforts then there will be higher productivity, if an employee is motivated to take pride in their work then there will be improved quality in work, if an employee is motivated to be loyal to company then there will be a reduced labour turnover and if an employee is committed to a company then it reduces absenteeism. There are many different theories about motivation. Here are two: 1. A. Maslow- Hierarchy of needs In 1954 an American psychologist Abraham Maslow had a theory about what motivated people in the workplace. He believed that all human beings had the same types of needs and this could be organised into a hierarchy of needs. This was his hierarchy: What people need What businesses can offer To achieve their full potential Self-fulfilment needs Training, challenges and opportunities to develop skills Gaining the respect of others; feeling valued; having confidence and self respect Self-esteem needs Reward for achievement promotion and status Being part of the group; giving and receiving affection and friendship Love and belonging needs Opportunities for teamwork; social facilities and positive work relations Security; absence of danger and freedom from anxiety Security needs High standards of healthy and safety; job security; absence of bullying Food, water, air, rest and activity Basic needs Decent pay to enable needs to be met; acceptable hours and conditions He said that firstly lower-level needs have to be met, but to avoid employees feeling irritated higher-level needs should also be met. If an employee feels irritated then they might be demotivated and nonchalant towards their work. 2. F. Herzberg- Two factor theory In the 1950’s the American psychologist Fredrick Herzberg conducted research that asked about motivation. He asked 200 engineers and accountants about the factors in their work that caused job satisfaction and those that caused dissatisfaction. He used the results from his research to develop his Two Factor theory of motivation. In his theory two sets of factors motivate workers, and these were motivators and hygiene factors. Motivator factors- These are factors that could potentially motivate workers by providing job satisfaction. They include a feeling that they have achieved something, praise and recognition of effort, interesting work, responsibility, opportunities for promotion and opportunities for self-improvement. Hygiene factors- All factors that cause dissatisfaction are to do with the working environment. These include company policy, relationships with supervisors and colleagues, working conditions, pay and status and security. Financial incentives There are many different financial incentives. These are: * Wages, salaries and bonuses * Profit sharing * Share options There are many different types of wages. Flat rate is when you get paid weekly or monthly and it is based on a set number of hours. Time rate is when you receive a set rate hour and then pay overtime if any is done. Piece rate is when you are paid for what is made as long as it meets quality standards. Bonuses are paid if an employee has been working hard at times like Christmas when people are likely to work less hard as the holiday season comes in. Commission is a type of salary based on the percentage of sales made by a salesperson. Profit Sharing is when employees are given bonuses based on the profit made by the organisation. This will help employees see that if the business is doing well, they will do well also. Share options are when employees buy shares in the business and then are rewarded according to how well the organisation is doing. This also means that they will get paid dividends as they are shareholders. Non Financial Incentives There are also many types of non-financial incentives. These are: * Goal Setting * Perks and status symbols * Appraisals * Meeting training needs Goal setting is when managers set goals for employees to work towards. This can make the employer feel like they’ve achieved something by reaching their set goal. A perks is when you get something extra in return for doing a particular job, and an example of a status symbol is having a sign outside you door. An appraisal is meeting between an employee and an appraiser, where targets are set, and also seen whether they manage to meet their targets from the period before that. Finally, meeting training needs is important; as it makes sure that the employee has a good knowledge of all the equipment they are working with. Barnet Burnt Oak Leisure Centre The leisure centre chosen for this project is Barnet Burnt Oak Leisure Centre, which is located on Watling Avenue in Burnt Oak. Their indoor facilities include a state-of-the-art Wellness Health and Fitness centre with 100 pieces of the latest equipment, dance studio with an extensive group exercise programme, a crà ¯Ã‚ ¿Ã‚ ½che, a 4 court badminton sports hall, basketball, trampolining, football, netball, gymnastics and an indoor facilities changing room. Their outdoor facilities include an all-weather pitch for 7-a-side football and hockey, one Junior 11-a-side and two 7-a-side grass football pitches, 2 outdoor tarmac areas for netball, basketball, football and tennis, and outdoor facility changing rooms. Customer Service Advisor I am recruiting for a Customer Service Advisor at the Barnet Burnt Oak Leisure Centre. The Customer Service Advisors main job is to get people to join the gym. They have to be able to handle all different types of customers. They are expected to keep up to date with product and company policy changes in order to answer any customer queries. They have to have good communication skills, patience and common sense. They must be polite and friendly, calm, even when under pressure, thorough and accurate and finally they have to be interested in working with people. They have to be able to work as part of a team and on their own. They have to be over 18. Recruitment Process When advertising for a position at the Barnet Burnt Oak leisure centre, they firstly write up their job description. This tells us that the job is for a Customer Service Advisor, and that it is located at the Barnet Burnt Oak Leisure Centre. It tells us some important information about the company, the job purpose, a detailed list of job requirements and skills, the salary and benefits of the job, working hours, promotion prospects, who the employee will be responsible for and finally who the employee will be responsible for. Next they draw up a person specification. They normally try to look for people who are patient and have good communication skills and common sense. Firstly they try to recruit internally. The advantages of doing this are that it requires a shorter induction period, the employer will be more aware of the candidates skills and it is quicker and cheaper than recruiting externally. However the disadvantages of this are another vacancies will be created and this will also have to be filled and external candidates may be more suitable for the job. Therefore, if their internal recruitment is unsuccessful then they recruit externally and place an advert in the local press. There is no set qualifications needed to be a Customer Service Advisor but you have to be over 18 and you have to have a minimum of one to two years experience in any job. Selection Process At the Barnet Burnt Oak Leisure Centre they hold open days where they invite people to the centre to fill in an application form, and then if they meet the criteria set out in the person specification then they are invited to stay for an interview. The interview is on a one to one basis. The candidates are asked about their relevant experience and qualifications and they are asked what they would do in a particular situation at the leisure centre. Each question asked is worth 12 points and they do not consider anyone whose answer is less than 8 points. If the person is unsuccessful then they are told straight away, otherwise they are told within 2 days over the phone. Then they do a shadow shift and they are set mini tasks over three days to help them decide whom they want to recruit. Other employees are asked what they think of the new employee and so there is a lot of teamwork involved in the decision. Induction Process When the most suitable candidate is informed that they have the job, they are invited back to the centre and they do on-the-job training. On-the-job training would be learning to use a certain database that is used at the leisure centre. Their skills and qualifications are monitored and if they need extra they are sent on off-the-job training course. Included in the induction process is health and safety, which includes showing them where fire exits are. Motivation Process There are no specific motivational tools used at the Barnet Burnt Oak Leisure Centre, just to be cheerful, and don’t force yourself to do it. Legal Dimension The Leisure Centre follows the Sex discrimination act 1975 which states that employers can’t discriminate between potential employees on the fact that they are male or female; the 1986 sex discrimination act states that there must be a similar retirement date for both men and women; the disability discrimination act 1995 and 2004 states there must be no discrimination at work, and that the employer must provide a suitable workplace for the disabled employees; the race relation act 1968, 1976, 2000 states that there can be no discrimination against people of different colours, race, ethnicity or national origins and finally, the equal pay act 1970 states that there should be equal pay and conditions for people doing the same job. If they do discriminate they are liable to be sued. Simulated practice I decide that to understand more fully the stages within recruitment and selection, I had to take the role of an employer. Recruitment Firstly I drew up my Job Description. This included the job title, location, and information about the company, the job purpose, a list of job experience and qualifications needed, the salary, working hours, and finally the person that the employee is responsible to. Job Title * Customer Service Advisor Location * Barnet Burnt Oak Leisure Centre * Burnt Oak * Watling Avenue About the company Greenwich Leisure Limited (GLL) is an innovative staff led ‘Leisure Trust’, structured as an Industrial and Provident Society, which manages more than forty public leisure centres within the M25 area in partnership with nine London Boroughs, Epsom & Ewell Borough Council, Bellingham Community Project, Sport England and the London Development Agency. Job purpose * Get people to join the gym. * Basic customer care i.e. showing people where things are (toilets, crà ¯Ã‚ ¿Ã‚ ½che e.t.c.). Qualifications * No set qualifications needed Experience * At least 1-2 years experience in work Salary * à ¯Ã‚ ¿Ã‚ ½16,000-à ¯Ã‚ ¿Ã‚ ½17,000 per annum Working hours * 40 hours per week Reports to * Manager: George I did this job description in this way because I thought it would screen out unsuitable candidates. When I was shortlisting my candidates I realized that perhaps it could have been more specific in the qualifications and experience sections and possible could have had a minimum requirement of 5 A*-C grades in GCSE for qualifications and for experience could have said that 1-2 experience in customer service. Next, I drew up a Person Specification using Alec Rodger’s seven-point plan. Physique, health and appearance * Must be committed to a healthy lifestyle * Must be smartly dressed * Must be able to see the writing on a computer screen Attainments * Min of 5 A*-C grade at GCSE (desirable) * 1-2 years experience in work General Intelligence * Must have common sense Special Aptitudes * Patience Interests * Fitness Disposition * Good communication skills Circumstances * Must be over 18 * Marital status: Single (Desirable) * Mobile (Desirable) I decided to do my person specification in this way because again I thought that it would screen out the unsuitable candidates. It was better than the job description, but it also had its own faults. I could have expanded on my special aptitudes, and included enthusiasm. I could have also expanded on the interests and added working with computers and working with people. Finally, I could have added to the disposition and added good written skills and good ICT skills. Then the job advertisement can be placed. To create my job advertisement I stated clearly in the title what job it is so that people who are looking for this sort of job will read the rest of the advert. The job description would hopefully have deterred unsuitable candidates. Again like the job description and person specification it didn’t do as good a job as I would have hoped. However, I did get a lot of potential candidates that were suitable for the job. Selection I received many different CV’s and then I sent them all letters of invitations. This letter sets out what job the interview is for, where and when the interview will take place, anything the candidate needs to bring and who to ask for arrival so that the candidate will be fully prepared for the interview. When I created my application form (See appendix) I considered all the factors that all good application forms have. The questions I decided to put on the application were designed to show me which candidates were more suitable than others. This was effective when it came to shortlisting, because it was shown that some candidates couldn’t read simple instructions like ‘Please complete this application form in black ink’. I created a list of 17 interview questions (See appendix) to ask my candidates. The interview questions were my most successful tool as they were what showed me the candidate’s personalities. It was from this that I made my final decision about the candidate I chose. I informed the most successful candidate by phone to gain immediate acceptance. I did not inform the candidates not chosen as it would have been too time consuming. Evaluation My job description and person specification were problematic, as they did not develop some of the points made. In the job description, it was when it cam to relevant qualifications and experience; and in the person specification the disposition, interest and special aptitudes. My job advert was very good in filtering unsuitable candidates but possibly not as much as I had initially wanted. My selection process was definitely more successful. The interview questions helped me get an insight into how the candidates worked and if they would be perfect for the job. I did not break any legal considerations when I was recruiting, selecting, motivating and inducting. I carefully stayed within the equal pay act 1970 which states that there should be equal pay and conditions for people doing the same job, the sex discrimination act 1975 which states that employers can’t discriminate between potential employees on the fact that they are male or female, the 1986 sex discrimination act which states that there must be a similar retirement date for both men and women, the race relation act 1968, 1976, 2000 which states that there can be no discrimination against people of different colours, race, ethnicity or national origins, and finally the disability discrimination act 1995 and 2004 states there must be no discrimination at work, and that the employer must provide a suitable workplace for the disabled employees. I also asked my potential employees the same interview questions so that there was no unfairness when it came to picking my final appl icant. I also fitted equal opportunities into my application form. If the activity were repeated I would change my job description and person specification so that it would expand on what I have already done and it would help me be more selective about whom I interviewed and chose. If a different job role had been chosen that I had more knowledge about then I possible could have produced better human resources documentation and developed more into areas I didn’t know. However this job role was a good choice and I think it was done to the best of my ability at the time. In hindsight, however, I know that I could have done better and expanded more on certain ideas I had. I am now more aware of recruitment and selection process, and it will help me to get a job in the future because I will have a better understanding of how an applicant in selected.

Bureaucracy in the Philippines - Book Review

Book Review The Bureaucracy in the Philippines Dr. Onofre D. Corpuz - Institute of Public Administration: University of the Philippines, 1957. 268 pp. This book is about the administrative history of the bureaucracy in the Philippines. It spans from the 1560’s when Spain undertook to administer the affairs of the natives of the archipelago to the 1950’s when the Filipinos assumed the responsibility of self-government.The author presented the significant phases in the evolution of our administrative apparatus to identify the important characteristics of the current form and functions of the civil service of the Philippine government. In Chapter 1, Dr. Corpuz described the native life of the inhabitants before the arrival of the Spaniards. These inhabitants were not strangers to progress and civilization. Although the pre-Spanish Filipinos were in a state of cultural maturity, it was maturity at a low level.It was a stage of cultural inadequacy based on an old and simple framework. The author briefly discussed the transition of the Philippine bureaucracy from the time that we’re still a colony of foreign nations to the time that the Philippines became an independent republic. The author reconstructed, in Chapter 2, the setting in which Spain’s colonial bureaucracy appeared around the middle of the 16th century. The author also described how the Spanish colonial government â€Å"organized† the colony in Filipinas.Also discussed was the expedition headed by Miguel Lopez de Legazpi in 21 November 1564, how his peaceful diplomacy won the allegiance of many subjects and the establishment of Manila as a city and Legazpi’s capital. Chapter 3 discussed the two concepts on how bureaucracy may be viewed: (1) as an organization or apparatus; (2) as a collection of individual bureaucrats, placing more emphasis on the 2nd concept of bureaucracy – the realities of bureaucratic behaviour. The chapter is devoted to a study of Spanish bureaucrats. The author also discussed the following: a. how bureaucrats are appointed in Filipinas and in Spain – the processes and criteria involved in obtaining the king’s favor; b. how to acquire/purchase an office where many bureaucrats obtained their positions; c. detailed conditions under which Spanish bureaucrats as a whole lived and worked; and d. ow the administrative organization was centralized in Manila for control and communications purposes. The next two chapters are dedicated in highlighting the essentials of life and service of the highest-ranking bureaucrats – the Presidente-Gobernador (Governor-General), the Oidores, Fiscales, and Reales Oficiales – who constituted the governmental bureaucracy in Manila. The author, in Chapter 4, described the governor-general of Filipinas which had the attributes of a super-bureaucrat.Also discussed, in general, was the performance of the different governor-general appointed in Filipinas and illustrated the conflict between the clergy and the governors and the instability of the governorship – which office was considered as an opportunity for private material profit. Chapter 5 is dedicated to the discussion of the Audiencia of Manila and its bureaucrats and the Royal Officials. The Audiencia performed functions of a superior judicial tribunal; the highest court of justice in the colonies.The author discussed the conditions, restrictions, the legislative and judicial functions and the organizational changes of the office. Also discussed are the functions and conditions of the â€Å"Royal Official† (Reales Oficiales) or the oficial de la real hacienda who are the administrators of the king’s personal estate or the royal hacienda. It should be remembered that the various dominions/colonies in the Indias are considered as the king’s personal property or estate. â€Å"As a monarch, he entrusted the government of his kingdoms and provinces to viceroys, governors-general, and Audiencias.As a proprietor, he entrusted the administration of his estate and revenues to the royal officials. † The structural defects and administrative weakness of the bureaucracy is brought about by the pervasion and corruption of the office of men who only saw the position as a means for private personal gain. In Chapter 6, the author then discussed the conditions, restrictions and all the functions and duties of the provincial government and the provincial officers/bureaucrats commonly known as alcade-mayor. The alcaldes are the provincial equivalent/counterpart of the governor-general of the archipelago.The author also highlighted how the alcalde-mayor was also the judge with provincial jurisdictions and since these bureaucrats have no background in the law and having arrived in the province with questionable motives, it is therefore said that the â€Å"pr incipal vice† of province administration is the absence of â€Å"true justice†. The author emphasized that provincial administration has no direction since the system of concentration of functions is in one man and this has disadvantageously rendered the bureaucrat inefficient. This inefficiency neglect or non-performance of duties – easily turned into oppression.The alcadeship evolved into an office of abuse since there were no checks to the alcalde’s excesses and frauds. He is the judge – administrator – military commandant of the province – an action against him is futile. However, reforms were undertaken to improve the administration in the provinces. But these reforms weren’t able to bear fruit for the main reason that they were enacted too late. Discussed also were the native bureaucrats and the system of local government; the principalia which was a social and political aristocracy on the village level – the details of its participation and the conditions under which it was actually exercised.The author also described the undeniable influence or relative power of the clergy in civil and political life, them being more â€Å"unified† than the group of the bureaucrats. In Chapter 7, the author summarized the weaknesses of the Spanish colonial bureaucracy, fundamental of which was the internal moral corruption of its members made worse by the fact that the Madrid government placed its political faith not in the bureaucracy but in the church. Discussed also as the futile attempts to reform the colonial bureaucracy and the general structure of the central administration and the budgetary practices of the central government in Manila. Chapter 8 is a â€Å"discussion of the principal events and factors that shaped the new era that constituted the basis upon which the new political administration was established, and that provided the context for the new bureaucracy and the new bureaucrats. † The author discussed Aguinaldo’s action and the general features of the scheme to organize the town and provincial governments.The new institutions under the Revolutionary Government were closely patterned after the preceding scheme of the Spanish a dministration due to the lack of time for innovations, but the local authorities and institutions were now more popularly based and autonomous. Discussed also was the principal features of the Malolos Constitution of 1899 which was an admirable work of constitutionalism, considering the difficult conditions of the times and the inexperience of its authors. Ideal as it may seem, the first attempt to self-government was aborted as the Philippines was once again under a colonial regime – now in the hands of the Americans. According to the author, the American occupation of the Philippines is generally pointed out as a major phase in the evolution of modern colonial policy and colonial administration. During this time, there were increased economic activities – in agriculture, manufacturing and commerce – such that the colony enjoyed vastly improved standards of living and for the first time, the masses have a chance to escape from poverty. The author also studied the formative period, from 1900 to 1913, of the new bureaucracy.The author identified the salient features of this advanced civil service system which is in great magnitude different from that of the old Spanish system. In Chapter 9, the author focussed on the period from 1913 to 1935 in which the civil service continued to evolve and which was respected by both American authorities and Filipino officials and politicians. But the evolutionary development was unremarkable. It was a steady but rather dreary process, unmarked by ba sic structural alteration or dramatic innovation in the service itself. During this period, both houses of the lawmaking bodies were under Filipino control.This period also marked the beginning of Filipinization of the civil service. In Chapter 10, the author discussed how the Philippine Civil Service, from 1935 to 1955, passed through brief but basic evolutionary governments. First discussed was the establishment of the Philippine Commonwealth Government (November 15, 1935) which completed the gradual transfer of government functions to Filipinos. The Philippine Government was a 10-year transitional government – republican in form, Filipino in personnel and has autonomy in domestic affairs – to be superseded by the Republic of the Philippines on July 4, 1946.Further discussed were the constitutional changes and phases of which the civil service is also undergoing namely: First, the phase of consolidation and further expansion, lasting until the Japanese invasion; Second, the phase of dislocation and demoralization covering the war and ear ly postwar years; and Third, the phase of reconstruction and modernization. The author, in the last chapter, summarized the important phases in the bureaucracy in the Philippines from the pre-Spanish period to the year 1955 which was discussed in detail in the preceding chapters. Also discussed briefly were the weaknesses and characteristics of the bureaucracy.This work of Dr. Onofre Corpuz is a vital contribution to the study of Public Administration. I have but good words for this work. The topics were well-organized and clearly written. He was able to piece together different historical data and I was impressed by the historical information presented in this book and his sources which dates from early 1600’s. Because of this book, the reader will have a better background and clearer understanding of the current conditions of the bureaucracy. I hope there could be further study on the conditions of the bureaucracy, if significant change has been attained after 1955.

A Veteran's Account Of A War Essay Example | Topics and Well Written Essays - 1250 words

A Veteran's Account Of A War - Essay Example Here, that would be the personal re-telling of Colby Buzzell, who in his book My War: Killing Time in Iraq, details for the reader the events surrounding his service in the military during the current military operation in the nation of Iraq. Giving a firsthand account of what he saw, what he did, as well as how he felt during his time of service. A collection of words, that serve to give value, as well as to provide an effective perspective, on the issues that arise with being an enlisted member of the armed forces. "I was in my room reading a book (Thin Red Line) when the mortars started coming down. Usually when we get mortared it'll only be one, maybe two mortars. But this mortar attack went on for almost 20 minutes. Each one impacting the FOB every couple of minutes. Something was up," (Buzzell, p.248). For a document to be beneficial for such means as furthering the readers connection to what it is they are reading, the usage of personal experiences can greatly benefit the overall cause of better understanding the personal side of those who take part in military life and are faced with the ramifications of such a career choice. While news reports by journalists are chalk full of time lines having to do with what would have occurred, good or bad, the personal accounts of those closest involved provide a far greater service, than simply providing a listing of mass produced details. Giving a stronger image of what would have been the environment surrounding Buzzell at that moment, he writes that, "Sgt. Horrocks ripped open the door and yelled, "Grab your guys! And go to the motor pool! The whole BATTALION is rolling out!" Holy shit! The whole battalion! This must be big. So I closed my book and ran over to my guys' rooms and ripped open their doors and yelled, "Get your fucking shit on and head down to the motor pool! Time: Now!" I ran back to my room and grabbed my shirt and started running as fast as I could to the motor pool, hearing small arms fire off in the background. By now every swinging dick was running to the motor pool. Some putting their clothes on while they were running," (Buzzell, p.248). The image of soldiers running frantically to their places, aids the narrative's purpose of providing the most personal, yet factual, account of the events that would have been occurring around Buzzell and the fellow members of his unit. Readers value that which they identify with and as such, are able to understand in some minute way. Human beings inherently understand fear and stress through experiencing it themselves and are drawn to those stories that show other people experiencing great fear and stress for themselves, even if it's due to circumstances that they would have not known themselves. "While we were waiting for word to roll back out, we sat around and exchanged war stories over plates of food from the chow hall. I sat down on an ammo crate while Sgt. Vance sat down on a water cooler, and he told me all about 3rd Squad's heroics on the ground that day, about their vehicle that got shot by at least three RPGs the first time through Route Tampa. Each one that hit the vehicle knocked him down from the air-guard hatch. One of the RPGs took out the engine to their vehicle, and Spc Callahan, while it was still rolling, grabbed a fire extinguisher and tried to put out the fire. When they got to Bridge 5, Vance and Callahan were vomiting out of

Critically assess the role of the UN in the protection of human rights Essay

Critically assess the role of the UN in the protection of human rights with regards to the AIDS epidemic in subsaharan Africa - Essay Example The CHR's request was based on the Secretary General's statement during the 51st session of the UN in which he stated: of the complex relationship between the public health rationale and the human rights rationale of HIV/AIDS. In particular, Governments could benefit from guidelines that outline clearly how human rights standards apply in the area of HIV/AIDS and indicate concrete and specific measures, both in terms of legislation and practice, that should be undertaken (Para. 135) In order to meet this objective the Second Annual International Consultation on HIV/AIDS and Human Rights under the leadership of United Nations General Assembly Special Session on HIV/AIDS along with their cosponsors (hereafter, UNAIDS)2 was held in Geneva from 23 to 25 September of 1996 to finalise guidelines on HIV/AIDS and Human Rights. Secondly, the members upon acceptance of the final form of the guidelines set out recommendations to ensure the guidelines are disseminated and implemented by all UN intergovernmental bodies, nations and non-government agencies. The basic human rights guiding principles as established by the UN with regard to HIV/AID are contained in Appendix A on page 26. Several of the principles are of specific interest with regard to the current research topic. One of these guiding principles is the 'Right to enjoy the benefits of scientific progress and its applications.' In this principle the UN recognises that every person regardless of where they live is entitled to quality health care, current treatment methods, preventative supplies, counselling and testing. They further acknowledged that third world and emerging nations do not necessarily have the means, resources and funding necessary to accomplish this. To that end, they spell out the need to supply within countries and between nations the fundamental supplies and resources for this to occur. This is further emphasised in principle 14 which more expressly states that "International support, from both the public and private sectors, for developing countries for

331 Classic Managment, See Below Essay Example | Topics and Well Written Essays - 250 words

331 Classic Managment, See Below - Essay Example anizational theory applies well in the formation of timetables in learning institutions like universities or the formation of tentative course outline by lecturers on the covering of their courses within assigned semester sessions. For universities, or other learning institutions, the students have a lesson that has to be attended by only one lecturer. The same lecturer should not have a lesson with other students at the that time since this means that only one class will be attended. The university time table has also to ensure that all available venues are in use by distinct classes at a time to avoid incidents of students forfeiting their venues for others. For course lecturers, the concept to be covered within each semester have to be distributed within the given sessions to ensure that all content is covered and students assessed at the end. From the departmental level, all lecturers have to submit their tentative course schedules for attendance monitoring. When utilizing the pr oductivity of lecturers and optimum learning of students, classical management is remains the best solution (Griffin and Moorhead 536). Classical organization theory and scientific management theory are relevant today in the organization and management of labor intensive industries like services and manufacturing sectors (Griffin and Moorhead 536). The basic principles of management on time and motion provide a crucial management tool that is used to avoid promotion of dehumanized working conditions but as Griffin and Moorhead put it, promote identification of new ways of improving and enhancing worker’s productivity

Film Assignment Essay Example | Topics and Well Written Essays - 1250 words

Film Assignment - Essay Example The digesis of the film narrative â€Å"Run Lola Run† does not follow the general continuous time space continuum. While the objective of the protagonist, Lola in the film is to secure 100,000 DM within the short space of twenty minutes; the film presents three scenarios to achieve this, as opposed to a single, continuous storyline that starts at the beginning of the film and proceeds through to its end. The same sequence plays three times but each time with slight differences that produce different outcomes; the first two are disastrous while the final scenario is the one that achieves a happy ending. The film thus presents three, distinct, alternative realities within the unified structure of the film (Leong, 1999), demonstrating how events can unfold in a completely different fashion based on slightly different choices. The unifying feature is a woman with a flame colored head running through the streets, creating a sense of fast paced, pulse pounding, relentless motion tha t keeps the viewer’s attention engaged. The same dilemma is presented at the beginning of each of the three segments, i.e, Lola needing to get together the sum of 100,000 DM, which her boyfriend owes to the crime boss, because his failure to do so could lead to him being killed. If Lola does not have the money to her boyfriend in a time span of twenty minutes, he plans to engage in a criminal activity and hold up a store. The same characters are presented in each of the three sequences, which are repeated again and again with slight variations. The film thus utilizes a cyclical time format, moving through the same events again and again rather than following the linear narrative format employed in most films, where the story proceeds through a series of sequences in a continuous time frame of action. Early film theorists such as Eisenstein (1947) have pointed out that visual information as presented in a film in the form of sequences, can be juxtaposed to give an

Managing The Artist Assignment Essay Example | Topics and Well Written Essays - 1500 words

Managing The Artist Assignment - Essay Example However, dissatisfaction by artistes led to filing of suits, which later formed precedent by altering the laws governing music practices. Artist management has to be effective for all the stakeholders in music to benefit. Therefore, there has to be an artist manager who takes the responsibilities to ensure business takes place mutually (Allen, 2011). The person will take charge in planning and other managerial responsibilities. This paper looks at how the report cases influenced the music artist management in the United Kingdom. The cases in this study have caused a shift from the traditional practices in music management for over the last twenty-five years. The judgments of those cases have lead to the establishment of laws guiding relations in the music industry, specifically artist management. All the cases emphasized on the need to shift away from split management, which was common in the UK in the past. In the case of Mills Company as an example, Sullivan received 50% for the co pyright, which later became a precedent in the customs and practices of artist management. Legal authorities nowadays have influence on artist management activities compared to the past (Allen, 2011). In the case above the judge ordered an inquiry into profits made by Mills Company. There are compensations to artists as opposed to the past, from the above case mills is fighting for his empire, which is suffering because of engaging in malpractice. The judgment and laws in place forces him to adhere to requirements when managing artists. According to the case reports music has become a source of livelihood to many individuals in United Kingdom. Allen (2011) states that the music industry has experienced growth over the past years commercially thus promoting professionalism in artist management. The present day artists understand their basic patent rights regarding music and the relations with their managers (Marcone, 2003, p.145). Awareness has made the artists challenge status quo f rom the traditional style of artist management. In the case reports, financial agreements takes place in accordance to the acts stipulated thus alteration to custom and practices, which took place in the past. The case reports clearly highlight management roles in ensuring success to the music industry. All the cases prove that some management duties are more critical like marketing and selling artistry works. The report cases have influenced the present practices by managers whereby signing contracts have become a basic legal requirement before managing an artist (Allen, 2011, p.2). This ensures justice and fairness to all the parties who engage in music in case where a dispute arises. In the report cases, copyright is a sensitive element considered as the major contributor of disputes in music. Financial disagreements are subjective to patent rights when solving cases affecting artist managers (Beeching, 2005). The artists and other individuals in the music industry have the manda tory obligation of recognizing copyright laws as stipulated in the United Kingdom. The copyright law has provision that allows for fair utilization of literature material by all citizens, whereby they have a right to conduct personal research on a piece of music works. The law gives artists managers the right use music from other artists but reciprocate with payment (Allen, 2011, p.186). The United Kingdom lined their copyright law with the international

Critically discuss recent judicial decisions regarding the attitude of Essay

Critically discuss recent judicial decisions regarding the attitude of the courts to the settlement of disputes by ADR. Under w - Essay Example While this is the case, the alternative means of settling disputes can be classified into the most commonly used techniques and these tend to be highly reflective of the role of the independent third party. The said third party, in contrast to a judge in a court case, is often involved in the settling of disputes so that they can provide direction to the parties involved so that they are able to find suitable and satisfactory solutions to their disputes. When using alternative means of dispute resolution, the parties involved have much superior control over what they would like to gain from the resolution of the dispute and this control tends to depend on the procedure used in the arbitration. The settlement of disputes through the mediation that takes place between parties is has been found to be the best way to deal with many issues and it is only when intercessions do not work that some other means of reaching a settlement can be considered. It has been found that negotiations are often the best starting point for any form of dispute resolution and while the use of alternative dispute resolution is among the most reasonable means of settling court disputes, it can be said that it is not a requirement for the parties involved to be forced onto the negotiation table.1 An example of this is The Halsey Case of 2004 where a claim was brought by one Lillian Halsey, after her spouse died at Milton Keynes General Hospital as a result of an accident where as he was being fed through a nasal drip, the liquid food accidentally entered his lungs, causing his instant death. The disagreement that arose in this case was based on whether or not the inattention of the caregivers at the hospital was what caused the death of Bert Halsey, and when a post-mortem was conducted, its results were not conclusive since there was a disagreement between the practitioners who conducted the post-mortem over what caused the patient’s death. The lawyers representing Mrs Halsey wante d bereavement damages for their client, and wished to resolve the matter through mediation but this request was refused, since the accused party did not accept any liability, and therefore mediation would be out of place. In mediation, the parties select an independent third party, who will assist the parties to reach an acceptable solution and it is a requirement that the mediator should be an imaginative problem solver and be very much involved in the process of reaching a solution. The mediator will discuss the problem with the parties both together and separately in sessions that are known as `caucuses' and since these discussions are held in private, they should be frank and open, and the mediator will work towards persuading the parties to focus on their underlying interests and priorities.2 The role of the mediator should not be to be there to make judgments but to guide the parties to an acceptable solution and this requires that the mediator take on the role of an honest br oker not that of a judge.3 There are times, however, when mediations may end up failing and the mediator, as a neutral party in the negotiations, may be called upon be the court to give evidence. The Farm Assist case of 2009 is a case in point of such a situation since the court involved denied the application by the arbitrator to reject a summons that required her to provide verification concerning the attempt at conciliation that she had undertaken between the aggrieved parties. The court made the declaration that discretion in all matters of

Theories Of Delinquency Essay Example for Free

Theories Of Delinquency Essay Deviant behavior is behavior that is a recognized violation of social norms. Formal and informal social controls attempt to prevent and minimize deviance. One such control is through the medicalization of deviance. Acting upon certain discriminatory facts or problems. It is not the act itself, but the reactions to the act, that make something deviant. Crime, the violation of formally enacted law, is formal deviance while an informal social violation such as picking ones nose is an example of informal deviance. It also means not doing what the majority does or alternatively doing what the majority does not do. For instance, behaviors caused by cultural difference can be seen as deviance. It does not necessarily mean criminal behavior. An example of a group considered deviant in the modern United States is the Ku Klux Klan. Milder examples include punks and goths. I have chosen two sociological theories namely differential association and conflict theory.   On the other hand I also chose psychoanalytic theory and learning theory under psychological theories. Sociological Theories Differential association Also known as Social Learning Theory, it explains deviance as a learned behavior. The most important variables in this theory are the age of the learner of deviance, the quality of contact between the learner and the deviant role model, and the relationship between the learner and the deviant model. It does a great job of explaining how children grow up to become law-breakers or juvenile offenders, but it suffers from a paradox. If all deviance is learned from a teacher, and the teacher learned from their teacher, how did the first teachers learn to be deviant? In criminology, Differential Association is a theory developed by Edwin Sutherland proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior. The Differential Association Theory is the most talked about of the Interactionist theory of deviance. This theory focuses on how individuals learn how to become criminals, but does not concern itself with why they become criminals. They learn how to commit criminal acts; they learn motives, drives, rationalizations, and attitudes. It grows socially easier for the individuals to commit a crime. Their inspiration is the processes of cultural transmission and construction. Sutherland had developed the idea of the self as a social construct, like when a persons self-image is continuously being reconstructed especially when interacting with other people. This theory stated that an individual commits deviant acts because of his motives, interests, drives and even attitudes.   Now let me apply this theory to the three deviant acts. Breaking and entering a home is an example of this. The individual will do such act if there is motive, for example getting valuable things in order to get his goal. His goal is maybe revenge or just plain theft. Another deviant behavior is carjacking, if the individual’s goal is to use that particular act in unlawful acts. An individual will do such act for self satisfaction. If an individual grew up in a community wherein deviant behavior can be seen all over he might commit the same deviant acts such as shoplifting. For example, if only this ct will supply all the needs of the individual. Conflict theory Conflict theorists generally see deviance as a result of conflict between individuals and groups. The theoretical orientation contributes to labeling theory in that it explains that those with power create norms and label deviants. Deviant behavior is actions that do not go along with the socially prescribed worldview of the powerful, and is often a result of the present social structure preventing the minority group access to scarce resources. Since it explains deviance as a reaction due to conflict between groups and individuals due to scarce resources, it does a great job of explaining deviance by poor citizens, etc. However, it does not do such an excellent job in explaining white-collar crime. This theory also states that the powerful define crime. This begs the question, whom is this theory functional to? In this theory, laws are instruments of oppression. In other words, tough on the powerless and less tough on the powerful. In sociology, conflict theory states that the society or organization functions so that each individual participant and its groups struggle to maximize their benefits, which inevitably contributes to social change such as changes in politics and revolutions. The theory is mostly applied to explain conflict between social classes, proletarian versus bourgeoisie; and in ideologies such as capitalism versus socialism. The theory attempts to refute functionalism, which considers that societies and organization function so that each individual and group plays a specific role, like organs in the body. There are radical basic assumptions (society is eternally in conflict, which might explain social change), or moderate ones (custom and conflict are always mixed). The moderate version allows for functionalism to operate as an equally acceptable theory since it would accept that even negative social institutions play a part in societys self-perpetuation. In understanding conflict theory, social class competition plays a key part. The following are four primary assumptions of modern conflict theory: Competition. Competition over scarce resources (money, leisure, sexual partners, and so on) is at the heart of all social relationships. Competition rather than consensus is characteristic of human relationships. Structural inequality. Inequalities in power and reward are built into all social structures. Individuals and groups that benefit from any particular structure strive to see it maintained. Revolution. Change occurs as a result of conflict between social class competing interests rather than through adaptation. It is often abrupt and revolutionary rather than evolutionary. War. Even war is a unifier of the societies involved, as well as war may set an end to whole societies. Conflict theory is mostly applied to explain conflict between social classes, proletarian versus bourgeoisie; and in ideologies such as capitalism versus socialism.   Let me take the four primary assumptions of modern conflict theory in applying this theory to the three deviant acts. Competition The individual might indulge in shoplifting if the resources are not well distributed to the society, or if there is scarcity. Breaking and entering a home also occurs because of the existence of conflict between social classes. The lower class may do this act for him to get things that he cannot buy. Structural inequality Carjacking may exist because of this. Inequalities in power and wealth are one reason why people do such act.   Before a car is just leisure but times goes by, it becomes a need to people.   Cars nowadays have become a status symbol.   Some people indulge into this act in order to supplement other deviant act like kidnapping and others. Psychological Theories Psychological theories of crime begin with the view that individual differences in behavior may make some people more predisposed to committing criminal acts. These differences may arise from personality characteristics, biological factors, or social interactions. Psychoanalytic Theory According to Sigmund Freud (1856-1939), who is credited with the development of psychoanalytic theory, all humans have natural drives and urges repressed in the unconscious. Furthermore, all humans have criminal tendencies. Through the process of socialization, however, these tendencies are curbed by the development of inner controls that are learned through childhood experience. Freud hypothesized that the most common element that contributed to criminal behavior was faulty identification by a child with her or his parents. The improperly socialized child may develop a personality disturbance that causes her or him to direct antisocial impulses inward or outward. The child who directs them outward becomes a criminal, and the child that directs them inward becomes a neurotic. Let us now take a look at sociological theories.   The first one is psychoanalytic theory, Sigmund Freud contented that all humans have criminal tendencies.   These tendencies may become reality because of different instances. Let me now apply this theory to the three deviant acts. Breaking and entering a home may depend on the family orientation. If the child is aware that it is the job of his father, sooner or later the child may also do the same act. It is mentioned that Freud saw all human behavior as motivated by the drives or instincts, which in turn are the neurological representations of physical needs. At first, he referred to them as the life instincts. These instincts perpetuate the life of the individual, by motivating him or her to seek food and water. If the individual is jobless and doesn’t have the money to buy food, the individual may shoplift in order to overcome hunger. He also mentioned that the unconscious is the source of our motivations. An individual may get involve into carjacking because of his friends but unconsciously, he has the inner desire to drive new and expensive cars. Learning Theory Learning theory is based upon the principles of behavioral psychology. Behavioral psychology posits that a persons behavior is learned and maintained by its consequences, or reward value. These consequences may be external reinforcement that occurs as a direct result of their behavior (e.g. money, social status, and goods), vicarious reinforcement that occurs by observing the behavior of others (e.g. observing others who are being reinforced as a result of their behavior), and self-regulatory mechanisms (e.g. people responding to their behavior). According to learning theorists, deviant behavior can be eliminated or modified by taking away the reward value of the behavior. Hans J. Eysenck, a psychologist that related principles of behavioral psychology to biology, postulated that by way of classical conditioning, operant conditioning, and modeling people learn moral preferences. Classical conditioning refers to the learning process that occurs as a result of pairing a reliable stimulus with a response. Eysenck believes, for example, that over time a child who is consistently punished for inappropriate behavior will develop an unpleasant physiological and emotional response whenever they consider committing the inappropriate behavior. The anxiety and guilt that arise from this conditioning process result in the development of a conscience. He hypothesizes, however, that there is wide variability among people in their physiological processes, which either increase or decrease their susceptibility to conditioning and adequate socialization. The second one is the learning theory. Let us apply this theory to the following deviant acts. A shoplifter do such acts because in the end he is being rewarded, he may eat the food he shoplifted or even sell materials he got from the store. By means of this he is also earning money. Another deviant act is breaking and entering a home because the individual has observed the same acts from his peers. Behaviorists say that learning has to be represented by a permanent change in behavior; in contrast social learning theorists say that because people can learn through observation alone, their learning may not necessarily be shown in their performance. Learning may or may not result in a behavior change. A good example of this carjacking, the individual may learn how these acts do by merely observing and eventually he may do it and be rewarded by this act. References:   Ã‚  Ã‚  Ã‚   Deviant Behavior. Wikipedia the free Encyclopedia. (2006). Retrieved November 17,   Ã‚  Ã‚  Ã‚   2006 from Wikipedia.com:   http://en.wikipedia.org/wiki/Deviant_behavior   Ã‚  Ã‚  Ã‚   Sociology of deviance. Wikipedia the free Encyclopedia. (2006). Retrieved November   Ã‚  Ã‚  Ã‚   17, 2006 from Wikipedia.com: http://en.wikipedia.org/wiki/Sociology_of_deviance   Ã‚  Ã‚  Ã‚   Differential Association. Wikipedia the free Encyclopedia. (2006). Retrieved November   Ã‚  Ã‚   17, 2006 from Wikipedia.com:http://en.wikipedia.org/wiki/Differential_association   Ã‚  Ã‚  Ã‚   Conflict Theory. Wikipedia the free Encyclopedia. (2006). Retrieved November   Ã‚  Ã‚   17, 2006 from Wikipedia.com: http://en.wikipedia.org/wiki/Conflict_theory   Ã‚  Ã‚     Flowe, Heather. Psychological Theories of Crime. (1996). Retrieved November 17, 2006   Ã‚     Ã‚  http://psy.ucsd.edu/~hflowe/psych.htm   Ã‚  Ã‚     Boeree, C. George. Sigmund Freud (1997). Retrieved November 19, 2006.   Ã‚     Ã‚  http://www.ship.edu/~cgboeree/freud.html   Ã‚  Ã‚  Ã‚   Social Learning Theory. Retrieved November 19, 2006.   Ã‚  Ã‚  Ã‚   http://teachnet.edb.utexas.edu/~lynda_abbott/Social.html

Burglary of a Dwelling Conviction

Burglary of a Dwelling Conviction MEMORANDUM TO: Senior Partner FROM: Associate RE: George Bailey Burglary of a dwelling conviction DATE: July 11, 2016[FEC1] ISSUES PRESENTED Under Florida case law[FEC2], entering is an element of burglary. Entering qualifies as any [FEC3]body part and is not secluded to the whole body. Defendant put his arm through an open garage window to commit a burglary[FEC4]. Did Defendant meet the element of entering as it pertains to the burglary statute? Under Florida statute, dwelling is an element of burglary. For any building to be considered a dwelling, the property in which it resides must have curtilage[FEC5]. Curtilage is some form of enclosure surrounding a property. While standing on the neighbors property, Defendant burglarized[FEC6] a detached garage on a property that was enclosed on three sides, with the fourth side open. Did Defendant meet the element of dwelling as it pertains to the burglary statute?[FEC7] BRIEF ANSWERS Yes. Florida law defines entering as intrusion of any body part to commit the crime. An arm fits the definition of any body part because it is part of the body and can be used to commit the crime. Therefore, an arm qualifies as an entering body part under Florida law. No. Florida law states that a property in which a dwelling resides must [FEC8]have curtilage, and curtilage was [FEC9]defined as any form of enclosure surrounding a property. A detached garage would not be a dwelling, if its property is not surrounded by some form of an enclosure. Therefore, a detached garage on a property without curtilage would not qualify as a dwelling under Florida law[FEC10]. STATEMENT OF FACTS Mr. George Bailey has been convicted [FEC11]of burglary of a dwelling and is seeking help with his conviction. Mr. Bailey is an unemployed thirty-four year old male, who has resided at 320 Sycamore Street, Bailey Park Florida 33430 for nine years with his wife and four young children. He has been unemployed for approximately two years[FEC12]. Mr. Bailey seeks the help of counsel with his conviction of burglary of a dwelling. Specifically, the conviction of burglary as it pertains to Florida law. On May 27, 2016, Mr. Bailey was driving in the residential area of Pottersville looking for thrown out furniture to refurbish and resell. He came across a home with patio furniture sitting out on the curb for trash pickup,[FEC13] and decided to load it onto his truck. Before getting back into his truck, he glanced around for anything else to pick up. He then saw an electric sander sitting on a workbench inside an open garage window of the neighbors house, Mr. Ernie Bishop. Mr. Bailey advised, that he wanted the sander because most of his tools needed to be replaced and the small sander would allow for more refinishing of furniture than sanding by hand. The side of Mr. Bishops property[FEC14]where the garage is located, is lined with a short hedged wall[FEC15], which he thought would conceal him from being seen when taking the sander. Still standing on the property of the neighbors home, he reached over the hedge wall and into the partly open window with his arm, took the sander, and went back to his truck. Minutes later, he was stopped by police and arrested for burglary of a dwelling. Mr. Bailey was arrested on May 27, 2016[FEC16]at approximately 8:35 p.m. He was booked at approximately 9:00 p.m. on the same day, and was convicted of burglary of a dwelling with a $2,000.00 bond. He conviction is to be heard in front of a judge.[FEC17] DISCUSSIONN[FEC18] Mr. George Bailey will unlikely to be convicted [FEC19]of burglary of a dwelling, because[FEC20]although he meets the entry and intent elements[FEC21], he doe[FEC22]s not meet the element of dwelling because Mr. Ernie Bishops property does not have curtilage. In Florida, burglary is e[FEC23]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter . . . . Fla. Stat. Ann. ÂÂ § 810.02(1)(b)(1) (LexisNexis Effective July 1, 2016). To be convicted of burglary of a dwelling[FEC24]the prosecution would have to [FEC25]prove that Mr. Bailey meets the elements of entering, dwelling, and intent. The exceptions to the rule, are if the property was open to the public, if Mr. Bailey was a licensed professional performing work on the property, or if Mr. Bailey was a social guest invited onto the property.[FEC26] These exceptions were not factors in Mr. Baileys case. At the time of the burglary, Mr. Bishops property was not open to the public. It is a privately owned home located in a residential area of Pottersville. Additionally, Mr. Bailey did not personally know Mr. Bishop, nor was he hired by Mr. Bishop to perform any type of professional services. Mr. Bailey meets the intent element because he testified [FEC27]that his intention was to take the sander without being seen. Florida law states that proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense. Fla. Stat. Ann. ÂÂ § 810[FEC28].07(1) (LexisNexis 2016). In the Baker case, the Court used defendants stealthy entry [FEC29]as an evidentiary tool to establish the proof of intent to commit burglary. Baker v. State, 636 So. 2d 1342, 1344 (Fla. 1994). Therefore, by intending to steal the sander without anyone seeing him, Mr. Bailey used the coverage from the hedges to sneak his arm into the garage, which provides sufficient evidence to meet the intent element. Thus, the elements at issue here are entering and dwelling. Mr. Bailey meets the element of entering within the meaning of the burglary [FEC30]statute because he used his arm to take the sander from the window, and using any body part establishes entry. The entering element, is defined through case law. The Court states, [FEC31]the unqualified use of the word enter in a burglary statute does not confine its applicability to intrusion of the whole body but includes insertion of any part of the body or of an instrument designed to effect the contemplated crime. Polk v. State, 825 So. 2d 478, 479 (Fla. App. 2002).[FEC32]; see also Spearman v. State, 366 So. 2d 775[FEC33](Fla. Dist. Ct. App. 1978). Therefore, the issue at hand is whether Mr. Baileys arm provides sufficient evidence to establish the element of entering.[FEC34] Therefore, the entering element is satisfied when any body part enters a dwelling[FEC35]. Polk, 825 So. 2d 478[FEC36], 479. In the Polk case, the Defendant used his arm to unlatch a window in order to commit burglary. Id. The Court held that intrusion of any body part is sufficient enough to satisfy the entry of a dwelling within the meaning of the burglary statute. Id. at 480. Consequently, the element of entering is met when a person enters with any part of their [FEC37]body. Spearman, 366 So. 2d 775. In Spearman, the Defendant went to the front door and upon the door opening, struck the resident in the face. Id. The Defendant was ultimately charged with burglary and assault. Id. With respect to the burglary charge, the Court held that[FEC38]although his whole body did not enter the home, he entered when his arm and hand reached into the doorway and struck the resident. Id. at 776. The entry of any body part provided sufficient evidence for a conviction of burglary. Id. [FEC39] In this [FEC40]case, and similar to Polk and Spearman, where a part of the accuseds body entered a garage or a home, here, Mr. Bailey used a part of his body, his arm, to take the sander from an open window. As the Court held that intrusion of any body part is sufficient to establish an entry, Mr. Bailey meets the element of entering because[FEC41]as he stood in the neighbors property he entered Mr. Bishops property when he put his arm through Mr. Bishops garage window. Therefore, the entry of his arm would provide sufficient evidence to meet the entering element. Polk, 825 So. 2d 478; Spearman, 366 So. 2d 775. Thus, when Mr. Baileys arm to reach into Mr. Bishops open garage window while standing on the neighbors property, he satisfied the entering element because a part of his body entered Mr. Bishops property. [FEC42] Mr. Bailey does not meet the dwelling element within the meaning of the burglary statute because he burglarized [FEC43]a detached garage on a property that does not have curtilage. Florida law defines a dwelling [FEC44]as a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. Fla. Stat. Ann. ÂÂ § 810.011(2) (LexisNexis 2016[FEC45]). The issue in Mr. Baileys case is whether[FEC46] the detached garage is considered a dwelling. A dwelling is established, when the property in which the dwelling resides has curtilage. [FEC47]Curtilage is a dwelling element that must be met. [FEC48]Florida law states that some form of an enclosure . . . must be present surrounding a residence to be considered part of the curtilage. . . . State v. Hamilton, 660 So. 2d 1038, 1045 (Fla. 1995). Additionally with regards to unattached structures, case law states that not having a form of barrier around extended residence of the curtilage, falls short of bringing unattached structures within the curtilage of the home. Martinez v. State, 700 So. 2d 142, 144 (Fla. Dist. Ct. App. 1997). Accordingly, when there is no form of enclosure[FEC49], a property does not have curtilage. Hamilton, 660 So. 2d 1038, 1045. In Hamilton, the Defendant attempted to burglarize outboard motors from a boat located on an unfenced backyard. Id. at 1039.The backyard was not enclosed by a fence, shrubs, or any form of a barrier. Id. Although there were a few spaced out trees around the property, the Court held that the property did not have curtilage and therefore[FEC50] the evidence did not support a conviction of burglary of a dwelling. Id. at 1046. Moreover, curtilage does not exist when the enclosure of a property does not surround all sides. Martinez, 700 So. 2d 142, 144. In Martinez, Defendant burglarized a sander from a detached garage, which had a driveway connecting the garage to the street. [FEC51]Id. at 143. The detached garage was located between the main house and the neighbors house. Id[FEC52]. Additionally, there was a fence bordering only two sides of the property[FEC53]. Id. The Court held that [FEC54]actual barriers are needed around the residence and unattached structures, to make it part of a curtilage of a home. Id. at 144. Therefore, the detached garage was not a dwelling because it was located on a property that did not have curtilage. Id. As such, the Defendant could not be convicted of burglary of a dwelling. Id. Specifically, a property has curtilage when an enclosure surrounds a property regardless [FEC55]of an opening for a driveway. Dubose v. State, 75 So. 3d 383, 385 (Fla. Dist. Ct. App. 2011). In Dubose, Defendants entered a property surround by a chain-linked fenced to commit burglary and fired bullets into the house. Id. at384, 385. The property was fenced in on all sides, with an opening for the driveway in the front. Id. at385. The Court held that an enclosure did not have to be completely closed to allow an opening for the driveway, and the open driveway did not prevent the property from having curtilage. Id. As such, the property satisfied the enclosure requirement for curtilage. [FEC56]Id. Furthermore, a property surrounded with enclosures has curtilage even with an opening at the driveway. Jacobs v. State, 41 So. 3d 1004, 1006 (Fla. App. 2010). Defendant burglarized [FEC57]aluminum siding from a vacant home surrounded by a fence. Id. at 1005. The property contained a fenced in yard on three sides, and a low-wall stoop at the front yard with an opening for the driveway. Id. at 1006. The Court held that the property had sufficient enclosure of some form to establish curtilage because all sides of the property were enclosed and an open driveway need not be part of the enclosure[FEC58]. Id. Now, [FEC59]in the instant case, a property does not have curtilage when there is no form of an enclosure surrounding the property. Mr. Bishops property has a chain-link fence in the backyard, a short hedge wall on one side, a short stone wall at the front of the property, and no barrier at all on the other side of the property.[FEC60]The Court in Hamilton, did not find the several unevenly spaced trees as sufficient enough evidence to support curtilage. Hamilton, 660 So. 2d 1038, 1047. Therefore, if having separated trees as an enclosure is not enough evidence for curtilage then, here, in the instant case not having a barrier at all is no evidence for curtilage. Similar to Hamilton, where the property lacked sufficient enclosure on part of the property, here, Mr. Bishops property lacks an enclosure on one side of the property, which lacks curtilage. Therefore, like in Hamilton, a court would find Mr. Bishops partly open property to lack curtilage. Analogously, a property lacks curtilage when it is not enclosed on all sides. Mr. Bishops property consists of a chain-link fence along the backyard, a line of three-foot hedges along the side of the property where the detached garage is located, and a short stone wall along the front yard with the driveway open. There is no boarder on the fourth side of Mr. Bishops property, that side is completely open. [FEC61]In Martinez, the Court held that not having a barrier surrounding the property, including the detached structures of a property, fall[s] short of bringing unattached structures within the curtilage of the home. Martinez, 700 So. 2d 142, 145. Almost similar to [FEC62]Martinez, where the property was enclosed on only two sides, here, Mr. Bishops property was enclosed on only three sides. Consequently, the lack of a boarder surrounding that fourth side of Mr. Bishops property, would deem the entire property, including the detached garage, as not having curtilage. Therefore, in t he instant case, the detached garage would not be considered a dwelling because its property is not enclosed on one side, which lacks curtilage. Nevertheless, a property has curtilage even when there is an opening for the driveway. In the instant case, among other types of enclosures around Mr. Bishops property, there is a short-stone wall at the front of the property with an opening for the driveway. In Dubose, the Court held that an enclosure need not be continuous . . . and that an unenclosed opening for ingress and egress does not preclude a determination that the yard is included in the curtilage of a house. Dubose, 75 So. 3d 385. Although, Dubose and Mr. Bishops properties are similar in that both have a low-walled stoop [FEC63]at the front of the property with an opening for the driveway, there is a difference as to the remaining sides of the properties to the cases respectively. In contrast to Dubose, where the remaining sides of the property were enclosed by a chain-link fence, here, in the instant case one of the remaining sides of Mr. Bishops property lacks some form of enclosure. [FEC64]Therefore, the unenclosed s ide of Mr. Bishops property, would lack evidence to satisfy curtilage to a dwelling. As such, the property where the detached garage is located would not have curtilage, and therefore the garage would not be considered a dwelling. Additionally, curtilage exist when an enclosed property has an open driveway. In the [FEC65]instant case, Mr. Bishops front yard has a short, stone wall with no gate in the driveway. In Jacobs, the Court held that the yard was delineated by some form of enclosure, and this enclosure included the opened driveway. Jacobs, 41 So 3d 1006. Although similar to Jacobs, where the property contained a low-walled stoop' with an open driveway, [FEC66]here, in the instant case Mr. Bishop also has a low stone wall with open driveway, however the main difference is the remaining sides of the properties. Id. In contrast, the property in Jacobs was fenced in on the remaining three sides, while in the instant case, Mr. Bishops property had enclosures on only two of the three remaining sides. Therefore, although Mr. Bishops front yard with the open driveway would still establish curtilage (on a fully enclosed property), having one side of the property without some form of enclosure does not provide cu rtilage. As such, Mr. Bishops property does not have curtilage. Since, Mr. Bailey burglarized [FEC67]a detached garage on a property that was not enclosed on all sides, it does not have curtilage, and therefore does not meet the dwelling element. CONCLUSION To be convicted of burglary of a dwelling, intent, entry, and dwelling are elements that must be met. Mr. Bailey satisfies the intent element because he had the intention of stealing the sander by hiding and reaching over the hedges. Mr. Bailey also satisfies the entry element because while standing at the neighbors property, his arm went into Mr. Bishops property through the open garage window. [FEC68]Mr. Bailey does not satisfy the dwelling element because the detached garage was located on a property that was not enclosed on all sides, which lacks curtilage. All elements of burglary of a dwelling must be met in order to be convicted. Although, Mr. Bailey meets the entry and intent elements, he does not meet the dwelling element [FEC69]due to the lack of curtilage on the property, and therefore would not be convicted of burglary of a dwelling. Grade grid below Section Possible Points Points Earned Comments Style/Format 4 3 Dont end page with headers Citations 5 2.5 Major problem with short cites. Also had improper jurisdictional references. Quotations 2 2 Writing 14 9 At times, writing clear and other times awkward and wordy. Be careful with word selection. Commas are a problem. ISSUES PRESENTED 4 2 Not precise enough as indicated. Rule is really rule of burglary: burglary occurs when a defendant enters a dwelling with intent to commit a crime. Then go to facts on entry. Same rule then goes in sub issue B. BRIEF ANSWERS 4 2 Incorrect legal standard and inadequate explanation of answer STATEMENT OF FACTS 5 2.5 In addition to comments, curtilage requires review of fencing or walls, so need those facts. Should also have fact that Bishop identified sander in truck. DISCUSSION SECTION Main C and Rule 7 5.5 See comments. A. Entry Total 15 12 Organization/CREAC Structure 2 2 Rule 3 2.5 Issue needs to be clearer (when his body not on bishops property) E