Wednesday, July 31, 2019

Analysis of Major Characters Hannah Jarvis

In the struggle between emotion and reason in Arcadia, Hannah Jarvis acts as the voice of reason. Hannah is the academic, feminist researcher who prides herself on thorough and well-thought research and sacrifices human contact for it. Hannah, like Thomasina's description of Queen Elizabeth, is able to separate sex from intellectual power and, in her case, push sex from view. Hannah resists carnal knowledge with effort: she doesn't like the idea of having her picture taken or submitting to a kiss, she refuses Valentine's idea of calling her his fiancee, and she scorns Gus's flirtation. Most of all, Hannah rejects Bernard's proposal that Lord Byron would have been silly enough to kill someone out of love. It seems that Hannah did, at one point, know love but has decided to pursue better things (â€Å"I don't know a worse bargain. Available sex against not being allowed to fart in bed†). Hannah's rejection of love or knowledge of love has left her unaware of her own self. It appears as though she has deluded herself into academic sterility. Bernard tells Hannah that, if she understood herself a little better, she wouldn't have written her first book about Caroline Lamb, a romantic â€Å"waffle. When Hannah storms into Bernard's lecture and interrupts his speech about Lord Byron killing someone for love, Chloe turns psychologist for Hannah and politely asks her if she has been deeply wounded in the past. Hannah cannot, however, reject the love of the shy Gus. The mute boy and mystery of the modern Croom household is able to crack Hannah, he is able to get her to dance with her. Gus's genius qualities, much like Thomasina before him, make him not only mentally like the subject of Hannah's studies, but give him an intuitive sense of history. Read also Analysis of Characters in Flannery O’Connor’s â€Å"The Life You Save May Be Your Own† As a silent messenger and connection to the past of Sidley Park, Gus gives Hannah the apple Septimus will eat and whose leaf Thomasina will describe. Gus also dresses Augustus in Regency wear, finds the foundation for the destroyed outbuilding, reveals the identity of the Sidley Park Hermit and asks Hannah for a much needed dance and embrace. Hannah accepts Gus's invitation for unknown reasons, but possibly his relevance and help with her own research play into the mix and certainly a real need for carnal embrace. ThomasinaThomasina is the girl genius of epic proportions. Thomasina intuitively knows the second law of thermodynamics and can refute determinism based on her ideas. Thomasina is a typical thirteen and then sixteen-year-old girl, except for the fact that she is unusually privileged and is given unusual educational opportunities. Although Lady Croom tells Thomasina that she must wed before she is overeducated, Lady Croom seems unconcerned at the intensity of her child's work until Thomasina nears the age of seventeen. Thomasina is clearly driven not only by academic zeal but also by a desire for sexual knowledge. In the first scene, during her lesson with Septimus, Thomasina asks Septimus to tell her what a â€Å"carnal embrace† is. From the first pages of the book, Stoppard makes clear a duel purpose within Thomasina's character—to discover the rules of life and love while also working out the rules of mathematics. Thomasina's approach, including both carnal and academic knowledge, leads her to great success because she understands the principles of heat. Heat, which becomes equated with sexual knowledge, is the key to Thomasina's theory. Specifically articulated by Chloe, Thomasina's modern day counterpart, Thomasina's theory holds that sex messes up the Newtonian Universe because it is completely random. Thomasina is ironically engulfed in the flame that she once seemed to understand better than anyone. Her tragic death, at the eve of her womanhood, drives Septimus to spend his lifetime tragically attempting to prove Thomasina's hypothesis. The final waltz that Thomasina and Septimus share at the end of play reveals a necessary urgency for sexual knowledge between all people. While the two talk about the end of the Earth, it seems Thomasina knows her end will be near. There is an understanding between tutor and student in the conclusion of the play; Thomasina and Septimus both understand the limits of and the ultimately unfulfilling nature of academic knowledge. Septimus and Thomasina dance and embrace to revel in the mystery they will never solve. Bernard NightingaleBernard, the modern and foppish academic, reveals the danger of allowing present motivations to leap ahead of historic truths. Bernard's theory, that Lord Byron killed Mr. Chater in a lover's duel, is the product of his lust for fame and recognition. The evidence that Bernard puts together seems sketchy at best and the result of his theory and publication of his results is clear from the outset. Bernard never brings the platonic, third letter on stage, and it remains unclear how Byron got a hold of Septimus's book. Nevertheless, Bernard can't restrain himself. Undoubtedly reflecting Stoppard' s own commentary on academic eagerness, Bernard ignores Hannah's objections to his theory in favor of quick fame. Bernard has little interest in the Croom family besides an opportunity to bring him recognition. But Bernard, despite his mistakes, is essential to Hannah finding the identity of the hermit. While seducing Chloe in the library stacks, Bernard notices â€Å"something between her legs,† a contemporary account of the hermit's identity that describes the hermit's turtle, Plautus. This is Bernard at his best, his sole constructive contribution into the Croom mystery. Bernard is one character who is not aided by his sexual knowledge, despite his discovery while supposedly having sex (the modern day account of the hermit). Bernard's forthright proposal to Hannah and seduction of Chloe do no more than win him a loyal teenage fan. Bernard does, however, seem to know a bit more than Hannah because of his supposed knowledge. Bernard tells Hannah that she wouldn't have written a book about Caroline Lamb if she had known herself better. Yet, it remains unclear why Bernard didn't know himself better than to publish his results about Lord Byron before having more concrete proof of the theory. It is evident that neither academic nor canal knowledge alone will do. Themes, Motifs, and SymbolsThemesEmotion versus IntellectThere are two sorts of knowledge in Arcadia: the knowledge of love and academic knowledge. These two types of knowledge are in constant conflict throughout the text. It is only the proposition of marriage, the intellectual justification for sex, which allows a resolution between the two forces. The theme of love vs. intellect is touched upon in the first pages of the play. Thomasina interrupts her lesson with Septimus by asking what carnal knowledge is. Sexual knowledge always acts in conflict with intellectual knowledge, and here it gets in the way of the lesson. Thomasina also remarks on the conflict between emotion and intellect in her history lesson. Her question is prompted by Septimus himself who was found having sex with Mrs. Chater in the gazebo the day before. Thomasina describes Cleopatra as making â€Å"noodles of our sex† because Cleopatra was weakened by love. Thomasina heralds Queen Elizabeth who would not have been tempted by love to give away land or power. The great Hannah Jarvis is, like Thomasina's Queen Elizabeth, unswayed by romantic passions. She believes, as does Thomasina, that romantic inclinations would destroy or distract her from her work. Hannah refuses warmth or emotion: she refuses a kiss, denies Bernard's propositions, laughs at Valentine's proposal, and brushes off Gus's flirtation. Nonetheless, Hannah, like Thomasina, Septimus, and Gus all waltz at the conclusion of the play. Hannah cannot refuse emotion or the bashful Gus by the end of the play and is drawn into an uncomfortable and uneasy dance. The conflict between emotion and intellect is resolved because Hannah suddenly understands that the two are inseparable. Hannah is unlike Thomasina, who unconsciously understands this, driven forcefully by the mystery of both. The Mystery of SexSex remains the final mystery of Arcadia. Septimus, in the conclusion of the play, reveals the final sadness and emptiness of an academic life: â€Å"When we have found all the mysteries and lost all the meaning, we will be alone, on an empty shore. † Septimus implies that the mysteries of mathematics will someday be solved. As if knowing his own fate, Septimus embraces and kisses Thomasina in earnest, finally indulging in the mystery of his attraction and love. Septimus will not go to Thomasina's room, although she asks him, but he is restrained for a reason that remains unknown. Septimus realizes the ultimately unfulfilling nature of academic progress but will only tragically experience the fulfilling nature of love for a brief moment in a waltz and kiss with Thomasina. In the same manner, Hannah Jarvis submits to a dance with Gus. She, like Septimus, has solved her mystery and now looks to Gus for fulfillment and new mysteries. The Path of KnowledgeSeptimus describes to Thomasina the path of knowledge, a humanity that drops knowledge and learning as it picks up new ideas and developments. Septimus tells Thomasina she should not be upset at the loss of the library of Alexandria because such discoveries will be had again, in another time and possibly in another language. This story is ironic to the fate of Thomasina's own discoveries that aren't unearthed until 1993 by Valentine. Thomasina's discoveries are made again: chaos theory and thermodynamics are formal concepts by the time her primer is found and analyzed. Arcadia works as a description of humanity's own progression of knowledge. While Thomasina and Septimus make new discoveries, Hannah and Valentine work to find their discoveries. The work of Thomasina and Septimus is lost but later found again. MotifsFireFire takes on multiple meanings in the play, but it most strongly symbolizes death and the eventual and inevitable end of the human species. Like Thomasina's diagram of heat exchange, as exemplified by Mr. Noakes's steam engine, all will eventually end. As the law of thermodynamics prescribes, we will all eventually burn up. Fire is destruction and death happening over and over again. Septimus burns Lord Byron's letter, unread, a rare and valuable piece of historical literature. Fire is also sexual, the burn that keeps bodies in motion. Septimus observes that Mrs. Chater is in a state of â€Å"tropical humidity as would grown orchids in her drawers in January†. Thomasina and Valentine wish to describe and analyze the universal laws of heat and destruction. The final scene is the greatest culmination of the fire motif. While Valentine and Hannah discuss the meaning of Thomasina's heat-exchange diagram, Thomasina holds the flame that will eventually cause her own destruction. As Thomasina and Septimus waltz, the audience is aware of Thomasina's fate. We can see the workings and progress of the heat diagram before our eyes. SexSex persists as the anti-academic driving force in Arcadia. Academic knowledge is never separated far from carnal knowledge—academic knowledge somehow equating sexual prowess. For example, when Bernard makes his great discovery he immediately propositions Hannah, indicating how academic knowledge gives Bernard sexual confidence. Sex is also equated with heat, making it the eventual objective and need of all humans. The relationship between Thomasina's theory of heat exchange and sex is clearly articulated by Chloe who tells Valentine that Newton forgot to account for sex in his deterministic universe. Heat, like sex, is unchangeable, persistent, and random. MathematicsMathematics and â€Å"Simple English Algebra† is the foundation ofArcadia. The mysteries of math reveal greater truths about humanity and the family as a whole. Mathematics is also a source of pride within the play. Valentine, as a chaos mathematician himself, is reluctant to share Thomasina's theory and fractal with Hannah. Thomasina's algebra and geometry lessons culminate into her genius understanding of the laws of thermodynamics and chaos theory. The laws of thermodynamics dictate the fate of all the characters on stage, and the realization of such fate eventually conclude the play (most tragically, Thomasina's own ironic death by fire). Septimus and Thomasina, along with Gus and Hannah, succumb to the law of thermodynamics by coming together in a waltz. The couples know their mathematical, unstoppable fate and embrace each other in spite of it. SymbolsGardenThe Gardens of Sidley Park symbolize the transformation and transition between romanticism and classicism. Mr. Noakes wishes to alter the gardens into the picturesque and thoroughly romantic style and means to tear out the gazebo in favor of a hermitage and drain the lake with a newly improved steam engine. Lady Croom accuses Mr. Noakes of reading too many novels by Radcliff, such as The Castle of Otranto (actually written by Horace Walpole, as Mr. Chater points out), and The Mysteries of Udolpho. Mr. Noakes means to transform the green, lush perfect Englishman's garden into an â€Å"eruption of gloomy forest and towering crag,† Lady Croom describes it as a haunt of â€Å"hobgoblins. As Hannah describes it, the garden is a classical painting imposed on landscape or â€Å"untamed nature in the style of Salvatore Rosa †¦ everything but vampires†. The garden represents romanticism, (for Hannah) a decline from thinking to emotion, and the need for â€Å"false emotion† and â€Å"cheap thrills. † Regency ClothesThe modern day characters wear the Regency Clothes or clothes that would be worn to a fancy dress ball in Thomasina's time. Regency Clothes symbolize high society and privilege. The dress not only links the two generations and time periods, but it reve als the hay day of the English aristocratic family. Chloe, Gus, and Valentine wear the outfits to have their pictures taken and dress for the annual dance. The dress reestablishes their power as a family and role in the community, seemingly diminished in modern times. PrimerThe Primer is the symbol of learning and academia. Thomasina is the first to use the primer, which once belonged to Septimas; however, at the conclusion of the play, Septimus has taken back his primer. Septimus's use of his the primer once again symbolizes his return to being a student; this time he is a student of Thomasina, who has surpassed his knowledge and teachings Scene OneSummarySeptimas Hodge and Thomasina Coverly sit in the front room of an old estate in Derbyshire, England. The house is surrounded by beautiful, traditional park-like landscape, which is lush and green. Thomasina, a curious and rather impetuous girl of thirteen, is the student of Septimas, who is twenty-two. Each is working on separate problems when Thomasina asks Septimas what â€Å"carnal embrace† might be. Thomasina overheard Jellaby, a servant at the estate, telling the cook that Mrs. Chater, wife of the poet Ezra Chater, had been found in carnal embrace in the gazebo. Jellaby had heard the story from Mr. Noakes, gardener of the estate, who had actually witnessed the event. Septimas tells Thomasina that the act of â€Å"carnal embrace† is throwing ones arms around a side of beef. Thomasina, quite perceptive, tells Septimas that a gazebo is not a â€Å"meat larder† and asks if carnal embrace is kissing. Thomasina demands that Septimas tells her the tr uth, and so Septimas gives her the true scientific meaning: the insertion of the male genital into the female. Uncomfortable with this disclosure, Septimas quickly returns to work. Thomasina pesters Septimas to tell her more about sexual intercourse. Jellaby, the butler, interrupts the conversation. Jellaby brings a letter to Septimas from Mr. Chater. Septimas reads the letter and tells Jellaby to tell Mr. Chater that he will have to wait until the lesson is finished. After Jellaby leaves, Thomasina asks Septimas if he thinks it is odd that when one stirs jam in his or her rice pudding into swirls in one direction, the jam will not come together again if they swirl the pudding in the opposite direction. In other words, she asks why one cannot stir things apart. Thomasina's question leads to a discussion about Newton's Law of Motion. Thomasina believes that if one could stop every atom in motion, a person could write a formula for the future. Mr. Chater suddenly swings the door to the room open. Septimas bids Thomasina to leave the room. Chater accuses Septimas of â€Å"insulting† his wife in the gazebo. Septimas tells Chater that he is wrong and that he made love to Mrs. Chater in the gazebo the day before at Mrs. Chater's request. Chater challenges Septimas to a duel, but Septimas declines. Septimas tells Chater that he cannot shoot him because there are only two or three first rank poets living, Chater apparently one of them. Septimas distracts Mr. Chater by complementing him on his new poem, â€Å"The Couch of Eros,† and tells Chater he will write a good review of the work. Chater, flattered, forgives Septimas for his indiscretion and even offers to sign Septimas's copy of â€Å"The Couch of Eros. † Septimas only means to distract Chater. Noakes enters the room, soon followed by Lady Croom, mistress of the estate, and Captain Edward Brice. Lady Croom is very upset by Noakes's plans for the landscaping of Sidley Park. Lady Croom thinks that Noakes's plans are too modern, Sidley park is beautiful and an â€Å"Arcadia† as it is. The sound of hunting fire outside the window precedes Lady Croom's exit. Lady Croom, in the style of a grand general, orders Noakes, Brice, and Chater to follow her. As Mr. Chater leaves, he shakes Septimas's hand in friendship. Thomasina and Septimas are again alone. Thomasina remarks that she has grown up with the sound of hunting guns and that her father's life is recorded in the game book by the game he has shot. Thomasina delivers a secret note to Septimas from Mrs. Chater. AnalysisIt has been suggested that one of Tom Stoppard's favorite ideas is â€Å"all men desire to know. † This seems particularly evident in Arcadia, a play obsessed with knowledge of many kinds. The characters in Arcadia seek three different sorts of knowledge: mathematical knowledge, historical knowledge and sexual knowledge. The play opens with the problem (quite literally) of mathematical knowledge. Septimus has given Thomasina the challenge of finding a proof for Fermat's Last Theorem (more to keep her occupied than in hopes of her solving it). At the time the play was written Fermat's Last Theorem was, indeed, a great mathematical task. Thomasina proposes her own original solution to the theorem: Fermat's marginal note was an eternally tormenting joke to drive posterity mad. It is ironic that in real life, shortly after the play opened, Andrew Wiles announced a proof of Fermat's theorem that has, after subsequent amendments, been accepted as correct. But the quest for mathematical knowledge persists within the play. Thomasina is the genius girl who can miraculously understand the foundations of thermodynamics and chaos theory a century before their formal definition. Thomasina's algebra lesson is interrupted by her own search for another type of knowledge. Thomasina asks Septimus what â€Å"carnal embrace† is. Septimus's characteristically witty reply, that it is the act of throwing one's arms around a side of beef, does not deter Thomasina from her desire to know about sex. Chloe, Thomasina's modern counterpart, has less desire for formal, mathematical, or book knowledge but craves sexual knowledge. For Thomasina, the desire for sexual knowledge is a juvenile curiosity;emdash more a means to marriage and a first waltz. On the other hand, for the modern hormonal Chloe, sex is real sex; Chloe persuades Bernard to go up into the library stacks with her for what may be real sex. Until Thomasina is sixteen, she only desires the waltz and kiss. While Thomasina asks Septimus to come to her room after they waltz in the conclusion of the book, he refuses, and she is content. Thomasina studies history with disdain and boredom. As she tells Septimus, she is bored with and hates Cleopatra. Thomasina abhors Cleopatra's weakness for men and sex, as she complains Cleopatra makes â€Å"noodles of our sex. † Thomasina has seemingly distinguished between sex that is exciting and sex that weakens women and destroys knowledge and progress. Thomasina, herself, seeks sexual knowledge and mathematical knowledge but does not sacrifice one for the other. Historical knowledge is also sought after more urgently in the present. In scenes depicting modern-day Sidley Park, historical knowledge is rewarded by great fame and possibly sexual prowess. The modern characters value historical knowledge foremost. Bernard, of course, lusts after historical knowledge most of all, intent on receiving any and all fame it may bring. Hannah, with more reserve, also looks among the books of Sidley Park for a glimpse into the past and writes bestsellers on her findings. The intertwining past and present of Sidley Park provides commentary on the progression of knowledge or quest for knowledge in modern times. The modern day characters are concerned with the workings and findings of the past, while Thomasina and Septimus work to make new discoveries. The quest of all of the scholars thus forms a sort of loop; what is undervalued in one generation is greatly revered in the next. The state of inquiry revolves and evolves from an interest in the future to that of the past. And, like Septimus's apt description of humanity's quest for knowledge, the modern day continues to pick up what has been lost in the past, while simultaneously finding new ideas and formulas.

Collection of Revenue

CHAPTER ONE Introduction 1. 1 Background of the study Local authority revenue is the money collected from provision of service and donation from individual and other organization. Every local authority globally has its type of revenue that it collects depending upon the environments surrounding it and the type of service it offers to its resident or citizens. The availability control and use of finances are the core of any organization existence and not least local authorities, in them public services role,(Cola, 2002).Infrastructure, social and community services there is the part of and democratic system According to Wood et al (1988), revenue means the sales value of goods and service that have been supplied or sold to the customers. According to Mclaney, (1998) revenue is an increase in wealth rising from trading in goods and services. Nigel et al (1988) noted that the better the service the operations can provide, the better will the potential to attract customer and therefore g enerate revenue.The balance between capacities also affects revenue and demand of goods and service therefore time ensures that all demand is satisfied and no revenue is lost in any organization. The government also assists local authorities by giving grants such as road levy funds; local authorities transfer fund and contribution in lieu of rates due to the growing demand on local authorities. As the argument for new and improved services increases for essential services like closet to the citizens.According to Wakhisi (1994), it was stated that the council should seal all loopholes to enable them become financially stable by intensifying their revenue collection to effectively provide the services required to both the workers and citizens at large. The availability, control and use of finance are at the core of any organization existence, and least local authorities, in their public service delivery role.There are growing demands on local authority funding, as the requirements for now and improved services increase local authorities current or day-to-day expenditure are financed from a range of revenues, payments for the provision of services (charges, rent on property, planning permission fees etc. ), commercial rates and central government grants. On the particular benefit is the comprehensive way in which it identifies the â€Å"funding gap† between the expenditure an authority should incur in delivering its services and the income it should derive from local sources Donughue. 2003). 1. 2Statement of the problem Performance of LAs varies widely. Some clearly are managing to improve service delivery and undertake new projects identified as priorities by citizens like road repairs, bridges, water supplies, drainage, market improvements, street lighting. Others are struggling with past debts, reducing their efforts to collect local revenues because of the easier money from LATF, employing ever more staff, increasing councilor allowances, and opting fo r projects with little or no benefit to citizens.Revenues collected by county and municipal councils include site value, land rent, area development fund, house rent, markets fees, bus parks fees and business licenses. In almost all LAs, there is a huge gap between the formally approved budget and what actually happens. The forecasted revenues cannot be collected, so most LA’s run short of money. For example the County council of Makueni annual budget report, 1998/1999, 2002/2003, and 2008/2009 financial year indicated that there was a problem in revenue collection.The county treasurer expressed her concern on the cash flow problems the council is facing due to non-payment by debtors making it unable to service the escalating debts it owes its creditors. in the department of engineering and urban planning expected income was kshs. 2,733,086 and actual income was kshs. 1,036,726, the department of health and environment expected income was kshs. 1,036,729, the department of fi nance clerk the expected income was kshs. 9,297,777 and the actual income was kshs 1,252,000 and the department of social service the expected income was kshs. 60,834 and the actual income was kshs. 670,000 respectively source: (C. C. M Annual Position for the Financial Year 1998/1999, 2002/2003 and 2008/2009). This research tries to identify the factors that affect revenue collection management by local authorities in Kenya and commend on what to be done to be able to manage the aspect of revenue collection by local authorities in Kenya. 1. 3Objectives of the study 1. 3. 1Main objective The main objective of this study is to investigate the factors affecting the collection of revenue by local authorities in Kenya. . 3. 2Specific objectives (i)To investigate the effects of revenue collectors on `the management of revenue collection. (ii)To investigate tax default as a factor affecting revenue collection management in local authorities. iii)To investigate how leadership affects the m anagement of revenue collection in local authorities. iv)To investigate the effects of political influence on the management of revenue collection in local authorities. 1. 4Research Questions i. How do revenue collectors affect the management of revenue collection in local authorities? ii.How does tax default affect the revenue collection management? iii. How does leadership affect the revenue collection management? iv. What effects does political influence have on the revenue collection management? 1. 5Significance of the study This study will equip the researcher with the knowledge and skills because during the course of the study the researcher will be exposed to so many challenges, which he will be curious of getting solutions about, and also it will widen the scope of his learning then at the end he will have fulfilled an academic requirement.Also it will benefit Makueni county management who understands the meaning behind revenue collection by local authorities and carefully e xamine its purpose and how to devote a great deal of attention to selecting strategies to manage the aspect of revenue collection which will help to satisfy the society’s needs and other stakeholders. Finally Kenya Methodist University will get reference study materials, which will be of great use to the students and the lecturers.And also after fulfilling an academic requirement the researcher will get a certificate, which will boost credibility of Kenya Methodist University to the public and world at large. The study will benefit the following groups of stakeholders; 1. 5. 1 Employees The study will assist revenue collectors to know the importance of collecting all revenues with a high sense of duty, discipline and honesty pertaining to the services rendered. It will develop team work and collective responsibilities between the management, employees and the residents to develop Makueni district. . 5. 2 Management This work will assist the policy maker to adopt other strateg ies of enhancing revenue collection so as to reduce accumulation of debts outstanding. It will assist the management to avoid having poor budgetary control system where service department make commitment beyond the approved budget levels. It will assist the management to utilize properly all the revenue collected by giving the required services to the residents so as to motivate payments promptly. 1. 5. 3 The PublicThe study will create awareness among residents on the services provided, those to be provided by the management and the importance of paying for the services rather than evading payment. 1. 6Scope of the study The study will focus on investigating the management of revenue collection in Kenya. The target will be county council of Makueni. The respondent will include revenue collectors and the manager’s team who are revenue users and they will be met at their work station and their respective offices. The study will be carried out from March to June 2013.Questionna ire and interviews will be used to gather information. 1. 7Limitation of the study The main limitations of the study will be; 1. 7. 1 Top management Most of top management may not cooperate very much and there might be inadequate information from the staff. 1. 7. 2 Documentation There may be no enough documentation availed for scrutiny, the unveiled ones, may be confidential. 1. 7. 3 Security Most of the top offices in the city council are usually a no-go zone as they are mostly manned by the NCC security personnel. 1. 8Delimitation This research will be conducted within the following parameters: i.Only collection of revenue factors identified as relevant to this research will be considered for inclusion in the study. ii. Only Makueni County will be included in this research. Other counties in Kenya are excluded. iii. Results of this research will depend upon responses of the revenue collectors, manager’s team who are revenue users and inferential statistics data analysis out come. 1. 9 Definitions of terms 1. 9. 1 Revenue Collectors The revenue collectors are the employees of the LA’s responsible for collecting the different fees and charges of the authority.They should be competent professionals of integrity and sound ethical morals for good management of revenue collection. 1. 9. 2 Tax Default Tax default by the relevant institutions and business people leads to uncollected revenue and making the administration of the revenues hard. 1. 9. 3 Leadership The way any LA is led by its officials is an essential factor on how the revenue is managed. Corrupt leadership has led to the mismanagement of authorities hence leading to the collapse of many and failure to deliver services. 1. 9. 4 Political InfluenceThis is the influences that satisfy comes mostly from councilor and other government officials to satisfy their own selfish gains through unofficial ways. CHAPTER TWO 2. 0LITERATURE REVIEW 2. 1Introduction This sectionhighlights literature so as to find out what other researchers have contributed, and the extent of their research regarding this field of management of revenue collection in local authorities. The main factors of consideration in this study are also reviewed to bring out a clear understanding of their effects in revenue collection management. 2. Theoretical review 2. 2. 1 Continuous change theory Shone L and Brown (1978) the advocates of the theory of change argued that, a theory of change is simple, step by step model describing the program inputs and the expected outcomes of your effort. Theory of change should be a useful tool – a lens that gives the management a sharp focus on the steps it needs to take, or a strong well placed lever that can help move just the right mountain. This theory will force Makueni County to clarify their assumption about how change will happen in collection of revenue.A general statement of intention will not do this for it, because theories of change are not mission stateme nt or broad visions. They are exact and somewhat exhaustive plan that show every step, however large or small. Theories of change should be specific, detailing advocacy actions Makueni County will take and the intended results. A detailed theory of change will give a credible, well drawn blueprint for advocacy work and a clear basis for evaluation of Makueni County much simpler. 2. 2. 2 Theory of planned behavior Theory of planned behavior of Adzen (1988) helps us to understand how we can change the behavior of people.It’s a theory that predicts behavior, because behavior can be planned. This theory is a successor of the similar â€Å"Theory of reasoned action† (1975) by the same author. Adzen argues that behavior appears to be 100% voluntary and under control. It argues that behavior of others greatly affect how people behave towards a product or company. This theory will help the people concerned with collection of revenue determine the behavior of the clientele and come up with ways of how to change their behavior, if its negative , and how to encourage a positive behavior.For instance with effective collection of revenue are likely to change the behavior of the way the local authorities manage the aspect of revenue collection. 2. 2. 3 System approach theory of management According to British researchers from the institute of human relations, Katz et al (1996) came up with the theory and viewed on organization as an open system. In this theory they had the following suggestions; first, that the main functions of an organization is to receive inputs or energy from the environments where inputs include material, people, information and finances.In this case local authorities receive revenue from the service users or the residents and other donors. Secondly the inputs received are then converted to outputs i. e. the revenues collected enables the provision of services required by these residents as shown here below. Environment inputConversion ou tputEnvironment Source: Cole (1999) Thirdly, that open systems discharge their output into their environments whereby services that are generated are then taken to the required environment to be used and then generate more revenues and profits, which are fed back into the organization to provide further inputs and the cycle continues.Lastly, one of the key features of open system is its independence on the environment. County council of Makueni as a system is interdependent with its environment for its existence and stability. Just like a human body the central nervous system and cardio-vascular system are the major sub-systems and the same applies to county council of Makueni that is divided into sub-system, i. e. the five departments, which are independent of one another and to the environment surrounding them. 2. 3 Empirical review 2. 3. 1 Effects of revenue collectorsAccording to World Bank (2000) the local government revenue collection systems are often characterized by a huge number of revenue instruments. However, the main sources of ‘own revenues’ are usually property rates in urban councils, business licenses, market fees and various uses charges, often in the form of surcharges for services provided by or on behalf of the local government authority. Nevertheless, experiences from a number of African countries show that these revenue instruments have serious shortfalls.For instance, property taxes can be very costly to administer (Brosio 2000; McCluskey and Franzsen 2005), and the enforcement of user fees has resulted in widespread resistance to pay from the poorer segments of the urban population in some countries (Fjeldstad 2004; Fjeldstad et al 2005). Moreover, complex business licensing systems have proved to be major impediments for the start-up and expansion of especially micro and small enterprises (Devas and Kelly 2001; Sander 2003; Pimhidzai and Fox 2011).However, experience shows that when well administered, these revenue instru ments can provide substantial and reliable Revenues for urban municipalities. 2. 3. 2Property tax Empirical studies by Serwanga, (1992) on revenue assignments between various levels of government generally argue that few fiscally significant taxes are more appropriate to local administration than property tax. This is due to the fact that real property is visible, immobile, and a clear indicator of one form of wealth.Hence, in principle, property tax is difficult to avoid and, if well administered, it can represent a non-distortional and highly efficient fiscal tool. Property tax as an annual tax on real property is levied in all countries in Africa (McCluskey and Franzsen 2005). Commonly it is a local government tax, levied mainly in urban areas . Rural properties are often not taxed, although property taxation is being extended to rural properties in some countries such as South Africa under the terms of the Local Government: Municipal Property Rates Act 6 of 2004 (Franzsen 2007). Where differential rates apply, the tax rates for residential properties tend to be significantly lower than the rates for commercial, industrial, and government properties, where these are taxable. 2. 3. 3 Business licenses In Africa, the standard mechanisms for mobilizing revenues from businesses have been through licensing. Although the original intent was regulatory, local business licensing has increasingly become simply a revenue source in most places (Lubega, 2000). Typically, business licenses generate between 5% and 30% of local government own revenues in urban councils.In many countries, however, the system has been quite unsatisfactory, often quite inequitable, and has imposed huge costs on business, while generating relatively little money. According to Chitembo, (2009) the regulatory aspects of the license system have been largely abandoned. In addition, poor policy design and weak administration mean that license coverage; assessment, collection, and enforcement rates are low, leading to poor revenue generation. Thus, many existing business license systems across Africa contain serious defects.These include (Devas and Kelly 2001: 385): High compliance costs to businesses, due to multiple licensing and complex procedures; Tariff structures that are complicated and do not reflect ability to pay; A process loaded with ineffective regulatory requirements, which provide opportunities for rent seeking; Poor administration and evasion, which reduce the tax base and generate inequities; and a revenue source that generates relatively little income for local governments. 2. 3. 4 User fees – linking payment and service deliveryBrun, Chambas and Fjeldstad, (2012) argue that taxes are not the best mechanism for matching demand and supply of public services. Better links can be achieved through cost-recovery charging systems, which tie the amount paid directly to the amount consumed. By providing a more direct link between citizens’ contributions and service delivery, such mechanisms may become effective means to recover the costs of service provision, and to promote efficiency in the consumption of the service. Hence, most observers argue that user fees should play a prominent role in local government finance (Bahl et al. 003: 76; Bird 2001). The main economic rationale for user charges is not to produce revenue, but to encourage the efficient use of resources within the public sector. When properly designed, user charges provide information to public sector suppliers on how much clients are willing to pay for particular services and by ensuring that the public sector supplies are valued by citizens. Free or subsidized services may result in over-consumption of such services. Moreover, it may prove difficult to target the beneficiaries of free services (Rondinelli et al. 000) Local government authorities commonly experience difficulties in collecting taxes, fees and charges (Bird. 1989). Thus, there are many experiments be ing carried out to find solutions to make tax collection more revenue productive (Allingham, and Sandmo, (1972). Practices for collection of local taxes range from cases where local government authorities collect the taxes themselves to cases where tax collection is outsourced to private agents, semi-private partners and the central government.Market cooperatives and private companies collecting tax on behalf of the local government are examples. Revenue collection is outsourced to a range of different types of agents within and across councils. A major challenge facing privatized revenue collection in local government authorities is to assess the revenue potential for various tax bases (Serwanga, (1992). Commonly, revenue assessment is conducted on an ad hoc basis, often based on the previous year’s reported collection.Substantial underestimation of the revenue potential may imply that actual collection by the agent is substantially higher than what is reflected in the contr act. Consequently, there is a risk of ending up in a situation where the agent keeps the substantial portion of the revenues collected, which already seems to be the case in some council (Lubega, 2000). 2. 3. 5 Effect of tax default According to Bahl, & Bird, (2008) taxes are widely perceived to be unfair. The citizens see few tangible benefits in return for the taxes they pay.This situation heightens taxpayers’ perceptions of exploitation from an unequal contract with government, and may promote tax resistance. Although most taxpayers are unable to assess the exact value of what they receive from the government in return for taxes paid, it can be argued that they have general impressions concerning their terms of trade with the government. In this context, it can be assumed that taxpayers’ behavior is influenced by their satisfaction or dissatisfaction with the terms of trade with government.Thus, if the system of taxes is perceived to be unjust, tax default may be co nsidered as an attempt by the taxpayers to adjust their terms of trade with the government. Chon and Reinikka (1999) argue that people engage in tax evasion when the expected benefits(low taxes) are equal to the expected costs(bribes and punishments)This tends to agree with Alongham and Sandmo(1992) who also suggested that a rational individual’s choice to evade will be based on the expected gains or losses associated with the decision.To further the argument, Bird (1989) asserts that defaulters in most developing countries can realistically assign expected value of zero to the likelihood of being detected and penalized; that the more severe the penalty, the less likely it is to be applied which showed a weakness in administration.Contrary to that view, Wentworth et al (1985) asserted that causes of tax defaulting are the exchange, social class and chances available for evasion . Evaders in that study reported that they were not getting value for their money, tax rates were t oo high and that government did not spend payer’s money wisely, that the burden of taxes fell on low income and salary earners. 2. 3. 6 Forms of tax evasionAccording to Mwenda (2009), tax evasion can take any of the following forms: Failure to report incomes profits or gains otherwise legally chargeable to tax; Reporting only part of the income gains or profits; Maintaining false books of accounts with intent to reduce taxes; Making false claims of expenses or allowances or deductions; Under declaration of goods for duty purposes and Outright smuggling to avoid payment of duties 2. 3. 7 LeadershipOne of the major issues in governance is demonstrated in the fact that citizens continue to demand the devolution of power and resources to local units (Chitembo, 2009). A close scrutiny of the management and performance of existing local authorities shows that most local authorities in Kenya are not only poorly managed, but are also close to financial insolvency. Whilethe central go vernment in Kenya manages plans and develops policies in regard to the whole nation’s affairs, local authorities tend to have jurisdiction limited to the city, municipal, county or town councils (Economic Survey 2005).Naturally therefore, their level of action is quite limited as compared to the central government. In spite of the limits of their action, most local authorities act as the avenues for implementing decisions formed by central government at the local level; however, a review of press reports and accurate surveys undertaken within Kenya hasrevealed that there is disillusionment with the performance, management and competence of local authorities in providing the services that they are mandated to provide (Odhiambo, Mitullah&Kichamu, 2005).It is clear that local authorities are not only failing to provide a satisfactory level of services but are also poorly managed and have departments that are among the most corrupt within the public sector in Kenya. A further ind ication of the growing dissatisfaction with the services provided by the existing local authorities is seen in the rise of residents associations which are prepared to resort either to court action or to campaigns aimed at withholding of the rates due to councils as a mechanism for compelling local authorities in Kenya to provide services on a regular basis (Odhiambo, Mitullah&Kichamu, 2005).Against this background, it is important to make an assessment on the reasons for this all round poor performance of local authorities before appropriate proposals for reformsreforms and improvement are made. 2. 3. 8 Political Influence Performance of the local authorities in Kenya is not only affected by the lack of autonomy from the Ministry for Local Government. The prescribed manner of enlisting councilors and personnel is prone to abuse.Since the Local Government Act (Cap 265) allows for the appointment of councilors by the president, oftentimes such councilors are reluctant to submit to th e authority of the managers in the local authorities. In situations where the councilors are elected, experiences of political party influence also arise. This difficulty is often reflected in councils in which the political divisions are so sharp that councilors are permanently preoccupied with gaining immediate political advantage over their opponents.In some cases, personnel are hired without the consideration of their ability to perform the tasks at hand. Councilors and executive committees of the local governments were initially engaged in power struggles, rather than focusing on their core functions in their first five years in office. This competition has prevented a focus on institutionalization and development. However, it is worth mentioning that, for the last several years, the â€Å"fever of competition† subsided mainly due to the increasing understanding of the councilors.Councilors should demonstrate a greater degree of responsibility and concurrently work towar ds a delivery of services, such as the improvement and construction of roads, often in partnership with local communities and some UN agencies (Economic Survey 2005). 2. 4 Research gap From the empirical literature review, it is clear that taxation by local governments is important for raising the required revenue for the local authorities. Management of revenue collection in most local authorities in Kenya has not been effective.Very little attempt has been made to improve on revenue collection. Planning the same has not been impressive either. In most cases the Audit department which acts as a watchdog of all financial management, specifically revenue collection in various collection centers suffer significantly from shortfall such as proper approach to audit work, lack of experience and planning techniques, lack of professional etiquette, reliance on manual systems and lack of training leading to poor revenue collection Audit which leaves some leakage for misappropriation.Interfe rence from political leaders seriously hampers operations in revenue collection in their wards. There is need to assess the factors that affect the collection of revenue by local authorities in Kenya. Revenue collectors need to use all the pieces of law at its disposal against all tax defaulters and ensure recovery even if it means use of courts of law. This is important given the fact that a lot of revenue is being lost through tax evasion and avoidance. Local governments have the mandate to raise their own revenues to finance their activities.However much as the government is said to have sovereign right to collect taxes, nobody likes paying taxes and yet everybody appreciates that taxes need to be paid. This drives some persons into the act of tax evasion. Tax defaulting has sound effects on the revenue collection by local authorities. At the same time, there is need to study the specific effects of tax collectors on the management of revenue collection by local governments. Very little research has been done to investigate the effects of leadership on the management collection in local authorities.There is also need to investigate the political influence effect on the management of revenue collection by local governments Revenues for the local authorities have persistently fallen short of targeted due to various challenges in revenue collection, tax evasion, poor leadership and political influence in the management of local authorities. Not much literature exists in this field. It is this reason that has prompted this research to try finding out the factors that affect the collection of revenues by local authorities hence filling the literature gap in factors affecting revenue collection by local governments in Kenya. . 5 Conceptual framework Figure 2. 1 Conceptual framework Independent variable Dependent variable Source: Author 2013 2. 5. 1 Revenue Collectors The revenue collectors are the employees of the LA’s responsible for collecting the differ ent fees and charges of the authority. They should be competent professionals of integrity and sound ethical morals for good management of revenue collection. 2. 5. 2 Tax Default Tax default by the relevant institutions and business people leads to uncollected revenue and making the administration of the revenues hard. 2. 5. 3 LeadershipThe way any LA is led by its officials is an essential factor on how the revenue is managed. Corrupt leadership has led to the mismanagement of authorities hence leading to the collapse of many and failure to deliver services. 2. 5. 4 Political Influence This is the influence that satisfies comes mostly from councilor and other government officials to satisfy their own selfish gains through unofficial ways. 2. 6Operationalization In this section the use of indicators that influence the successful outcome of revenue collection process will be identified and used to measure the variable against the parameters.The variables will be measured against the parameters and statistics. For local authorities to achieve its goals, collective goals setting between the manager and subordinate should be done. This research will establish whether performance management goals are achieved ensuring employee flexibility and acceptance of the goal set. It will further determine the level of employee empowerment and control against and control against the performance standards and targets as a parameter. The performance evaluation would be measured taking into consideration the time frame and feedback received.The reward system parameter would be analyzed top measure its impact on employee motivation and commitment. 2. 6. 1 Operational framework Figure 2. 2 Operational framework Dependent Independent Measurements SOURCE: AUTHOR 2013 CHAPTER THREE 3. 0 RESEARCH METHODOLOGY 3. 1 Introduction This chapter discusses the research design, methods and procedures used by the researcher to carry out the study. The research design, target population, sample, design, data collection instruments and data analysis methods are explained in this chapter too. . 2 Research design This research will apply descriptive design. Descriptive design involves field survey where the researcher goes to the population of interest to ask certain issues about the problem under the study, Kothari (2000). The design is used to obtain information concerning the current status of the phenomena to describe what exists, with respect to variables or condition in a situation. The inference design uses the existing information available to gather data for analysis.Research design aims to gather data without any manipulation of the research context, where the researcher has got no control over the variable, Mugenda and Mugenda (1999). 3. 3 Target population The target population of the study in the county of makueni will comprise top managers, middle level managers, lower level managers, operational staffs and treasurers. The categories are represented in the table 3. 1 below. Table 3. 1 Table showing study population categoryTarget populationpercentage Top managers 105% Middle level managers2010% Lower level managers 3015% Operational staffs10050% Treasurers5025%Source; Author (2013) 3. 4 Sample design, procedure and size The researcher will use stratified random sampling design. The target population will be divided into subgroups and respondents picked randomly from the target population. A sample size of 200 respondents will be selected from the five population categories using a ratio of 0. 5 where a total of 100 respondents will be selected to achieve at least 50% of the target population. The sample of respondents from the target population will be as; 10 top managers, 20 middle level managers, 30 lower level managers, 100 operational staffs and 50 treasurers.This will make all the respondents in the target population to have equal chance of participating in the study. The participating respondents will then be picked randomly from eac h sub group and issued with questionnaires. The sample sizes are as shown in the table 3. 2 below. Table 3. 2 Table showing sample size CategoryTarget populationSample ratioSample size Top managers100. 55 Middle level managers200. 510 Lower level managers300. 515 Operational staffs1000. 550 Treasurers500. 525 Total2000. 5100 Source: Author (2013) 3. 5 Data collection instrumentsThe researcher will use questionnaires with open and closed ended questions to collect the required data. This is because the questionnaires are easy to administer and gives qick, accurate statistics where a large number of respondents is used. 3. 6 Data analysis The researcher will use descriptive and quantitative data analysis to enable to describe the distribution of data. Frequency and percentage tables will be used to interpret the data and a presentation of the same will be made by use of pie charts and graphs. REFERENCES 1. Allingham, M. G. nd Sandmo, A (1972) Income Tax Evasion: A Theoretical analysis , Journal of Tax and Public Economics. Vol. 1 No. 3/4pp. 41-57. 2. Bahl, R. & Bird, R. (2008) Subnational Taxes in Developing Countries: The Way Forward. Public Budgeting & Finance, Vol. 28(4), pp. 1-25. 3. Baskin, M. (2010) Constituency Development Funds (CDFs) as a Tool of Decentralized Development. Overview paper presented the 56th Commonwealth Parliamentary Conference, 10-19 September, Nairobi. 4. Bird, R. M (1989) the Administrative Dimension Of Tax Reforms In Developing Countries. In 5.Brun, J. -F. , Chambas, G. and Fjeldstad, O. -H. (2012) Local government taxation in Africa. Paper prepared for ICTD (draft). (Brighton: International Centre for Tax and Development). Chapter 2 (pp. 23-63) in Local government finance: the challenges of the 21st century. Second Global Report on Decentralization and Local Democracy. Barcelona: United Cities and Local Governments. 6. Chitembo, A. (2009) Fiscal Decentralisation: A ComparativePerspective. Civil Society Representatives Sitting on the Zambian National Constitutional Conference (NCC). Lusaka. . Dillinger, W. (1991) Urban Property Tax Reform: Guidelines and Recommendations. Urban Management Programme Tool (Washington D. C. : The World Bank). 8. Etzioni, (1986) Tax Evasion and Perceptions of Tax Fairness: A Research Note Journal of Applied Behavior Scient Vol. 2 No. 2 pp. 177-185. 9. Lubega, (2000),Income Tax Evasion In Uganda’s Informal Sectors , A Dissertation Submitted by M. A. At Makerere University, Kampala 10. Of Uganda’s Experience, 1970-1992: Thesis for M. A EPP: Faculty of Economics and Management, Makerere University, Kampala. 1. Serwanga, J. (1992). Government Tax Revenue Decline and Recovery: An empirical Analysis 12. Tax Reform In Developing Countries. Duke University Press, Durham and London pp. 315-330. 13. World Bank (2000) Entering the 21st Century. World Development Report 1999/2000 (New York: Oxford University Press for the World Bank). Yatta, F. and Vaillancourt, F. 2010. ‘Afr ica’. 14. Modern Local Government in Kenya,Nick G. Wanjohi, Konrad Adenauer Stiftung (KAS) and Agency for Development Education &Communication, Nairobi, 2003

Tuesday, July 30, 2019

Compare the advertising campaigns for Benetton and Barnardos Essay

â€Å"Advertising is a form of communication that typically attempts to persuade potential customers to purchase or to consume more of a particular brand of product or service.† 1 Advertising is used to either attract an audience’s attention, an audience to a product or cause or to persuade the audience the merit or desirability of the product or cause. Advertisers do this by defining the qualities of a product, highlighting the difference to other products or by using emotional appeal, stressing peer pressure, using aspiration, fear or stressing the benefits to the consumer’s lifestyle. The main focus of this essay is to compare advertising methods and campaigns employed by Benetton and Bernardos, one for selling clothes and the other trying to help children in need. Bernardos’ campaign is trying to achieve an awareness of child abuse, giving an image of a child in the place of an adult in situations ranging from standing on top of a large building to being about to use heroin or some other form of drug. By using these emotional images of children in an adult situation it emotionally blackmails us into donating to their cause because adults are accountable for their mistakes, which children are basked in innocence, to have this ripped from under them is like defiling the greatest gift and because Bernardo’s uses children instead of adults in these situations makes us even more emotional even though they are the fake pictures, while they can be considered more shocking than images used by Benetton. Text used with each image is also emotionally moving and makes the audience want to help. The image of â€Å"Martin Ward age 29† shows a young boy standing atop a handrail on a large building looking down against a background of dull, grey and large buildings. The background is almost colourless except the very top right corner, with the Bernardos advert on top of the only sky in the image, which is a grey-blue. This represents a bleak life for the persona in the image, except one small part which seems to be being almost guarded by the Bernardos logo. Also the use of colourful clothing on the child shows us that though he is put into an adult situation and his life is bleak, childishness remains and isn’t completely destroyed. The use of yellow on the clothing can seem to represent hope due to yellow being the perceived colour of light. â€Å"Made to feel worthless as a child, it was hardly surprising that Martin could see no other way out† by using this text they highlight on how the bleak landscape may be that of his own mind and what he believes, and though a child is being used to stand on the handrail it could infact either be the last of Martin’s childhood and innocence or that Martin, aged 29 had jumped off a rooftop to his death because of his childhood and so, the child in him is the one who committed suicide. By using and giving a name to the image, it creates a link to reality. An ordinary picture could be fake, it isn’t alive and can’t affect most people yet you give that persona in the picture a name and all of a sudden it’s like it’s alive and people either shy away and ignore it, or get up and believe in a cause and by doing so, this adds even more power to the extremely power of the image and text. Benetton’s campaign is trying to sell a product by using racial stereotypes to highlight our own stereotypes and stereotypical views in their first campaign, then going on to use real extreme or violent images to ask us why we accept how violent the world in whole is and why we do nothing to stop such atrocities. Benetton’s â€Å"Rice in hand† ad is black to cause the audience to be alerted to the advertisement, while making the audience think about the poorest people in the eastern world and how little they have. The open palm can be interpreted as a hand asking for help because of so little they have. The â€Å"Rice in hand† ad is focusing on our essential needs, thus the use of a plain background, only an open palm which can symbolize friendship or peace, and the bare essential food we need, cutting out the luxuries that the west can afford. However the white background could also present the idea that white people in history have been seen as a â€Å"superior† race and so have encroached on black people’s lands and taken it from them until they are left with their own bare minimums. Both of these make people want to break the stereotype of the hoarding white man and the poor black man. Where as the â€Å"Handcuffs† ad is showing a white man and black man connected at the wrist by hand cuffs, they also appear to be wearing blue prison overalls. The handcuff around the black man’s wrist appears to be tighter because of the veins being more visible but this may be coincidence. This ad draws the audience to think about cultural stereotypes of black males as trouble makers where as white people are seen as average; normal and yet the handcuffs may be seen as a link between races, that we are both on the Earth together yet we are separated, thus the only link is the handcuffs which are forcefully put there. The purpose of this advert is to show the links between the races and how we racially or culturally stereotype each other and though we may not want to be with the other race, we have to. The target audience is everyone who is able to consider these ideas as sooner or later lots of people are subjected to racism, be it causing it or fighting it. Both these adverts are trying to raise awareness of the way different races come into contact with each other and have racial or cultural stereotypes. Benetton have exploited this to sell their products. They have no intention of giving their profits to starving people in Africa with less than the minimum needed, or to make bridges between white and black communities, instead they use these images to make the potential customer think about the advert and this causes it to become stuck in their head which is known to increase chances of buying the product. The slogan of â€Å"United colors by Benetton† also factors into this because it almost tricks the buyer into thinking that their money is going to a good cause. The images used are from real situations are intended to shock by means of style, layout, central focus or colour. They also raise awareness of issues while selling a product and I believe it is right to use real images of human suffering in this way because it brings the troubles of the world into the fuzzy pink clouds that are our norm and by interrupting that normality people complain, to which you can reply â€Å"Then why aren’t you doing anything?† If it takes a clothing company to exploit these images to make people believe in helping and becoming a self-fulfilling prophecy then images of real human suffering should definitely be used. The general style for the second campaign is much more extreme and violent than the first which originally prayed on stereotypes; the second campaign used shock to instill care into people. â€Å"We need to have images that will make people think and discuss. Ad agencies are obsolete, they’re out of touch with the times; they’re far too comfortable. When the client is happy, they stop trying. They don’t want to know what’s going on in the world. They create a false reality and want people to believe in it. We show reality and we’re criticized for it.†2 The second campaigns images forced people to examine their reactions to violent images outside of the TV where they were accepted as normal, and not realized how truly horrific they were until now. The â€Å"Death of AIDS Victim† or â€Å"La Pietà  Ã¢â‚¬  ad is extremely moving because the settings, the people in the image are like that of Jesus and yet this is an AIDS victim being compared to the son of God and yet the grief is the same, loved ones and a priest. The image of the wasted corpse, ravaged by disease is enough to burn into someone’s memory without the loved ones crying and it also gives it a sense of reality and despair and it is because of this reality that people block it because they aren’t strong enough to have their safe world penetrated by the reality of the world and it’s violent nature. â€Å"Michelangelo’s Pietà   during the Renaissance might be fake, Jesus Christ may never have existed. That was real promotion. But we know this death has happened. This is the thing. And the more real the thing is, the less people want to see it.†2 Bernardo’s uses fake images of children in the place of adults in extreme adult situations to make us more emotional and likely to donate to their cause, yet this is seen as acceptable while people should be angry they are effectively being blackmailed emotionally and yet Benetton uses real life images and is criticized. â€Å"Shocking violence in the news is normal, but when you take the same photo out of the news and put a Benetton logo on it, people pause and reflect on their position on the problem. When they can’t come to terms with it, they get mad at us.†2 and yet it is these images that we should be happier about compared to the fakes supplied by Bernardo’s. â€Å"It seems that an advertisement which misleads the consumer with deception and lies is considered more correct†2 and this is true with life, because people don’t want reality, they want their perfect worlds where bad things happen to other people far, far away with no consequences on them, yet when the bad things happen to other people far, far away and are brought to them they are outraged. â€Å"people don’t want news, they want olds†3 â€Å"It has always intrigued me how fakes have been accepted and reality is rejected.†2 After analysis, the Bernardo’s campaign seems better equipped to achieve its purpose because it uses image which though still troubling, is deemed less so than that of Benetton’s. Also because it uses fake images instead of real ones, context is added and so people are able to keep their bubbles of saneness that the world’s violence desperately wants to burst. Although Barnardos seeks to get its audience to give for a good cause, it does it through deceit, lies and emotional blackmail though the end justifies the means and it is seen as acceptable while Benetton’s campaign images gives real life at its core it does so for what is seen as the wrong reasons and so is shunned and criticized. Bibliography: 1 – http://en.wikipedia.org/wiki/Advertising 2 – Oliviero Toscani 3 – â€Å"The Truth: A Novel of Discworld† http://www.amazon.com/review/R3LV503LWFE65Z

Monday, July 29, 2019

Lewis and Clark from the Native Americans perspective Research Paper

Lewis and Clark from the Native Americans perspective - Research Paper Example The Native Americans were poorly interpreted and failure to see their unique, cultural and historical existence. This came about because the trail they traversed had distinct cultures, dialects and tribal associations (National Geographic, 2013). The Native Americans formed part of the success of the expedition. Drouillard and Sacagawea were hired by Lewis to provide extensive support at different points of the trip. Drouillard was a hunter and a specialist in Indian sign semantics and local dialects while Sacagawea was a transcriber. Both helped save the mission as they helped in the provision of crucial necessities such as horses from the Shoshone tribe, canoes, medicines and valuable goods. The travelers' safety was not guaranteed during their expedition and Sacagawea played the role of ensuring their full safety, as was the case when the group came into contact with the Indian tribes. The Rocky Mountains were exhausting and formidable especially during the 11 day crossing in the snow led by Old Toby. The Mandan villages provided shelter and fortitude during the winter of 1804-1805 when they allowed the travelling team to build a fort amidst them. the villagers were friendly and provided food for the team. It is during this period that Lewis and Clark's life was saved from the Nez tribe that wanted to kill them. The two were saved through the intervention of an old woman who lived in the Mandan village. The chiefs from different tribes who provided friendly connections with other tribes further enhanced the success of their expedition. Without this, the voyage would have probably ended before it would have started (National Geographic, 2013) As is evident, Lewis & Clark met different tribes during their journey, and who provided help at each and every stage of the journey. Their first encounter was with the Oto Indian tribe, whose six chiefs who they honored with clothes and a flag. In return, the chiefs acknowledged their conquest and granted them access to pass through their lands. The Mandans and Hidatsas tribes from the North Dakota Territory insisted on the significance of using horses. These, according to this tribe, would be helpful in the transportation of cargo and speed up the journey as compared to travelling on foot. The neighboring tribes were generous enough to trade food stuffs and arrange for guides who gave information on the way ahead. The good relations with the tribes of the Colombia and Snake rivers proved to be useful as they provided food and quick passages through their lands. Along the journey, Lewis & Clark also met the North West, Plain and Plateau Indians with whom they shared an analogous cultural lifestyle and heritage. The Sioux, Crow and Mandans tribes were nomadic while few resided in villages. Those who lived in the country of the Colombian river were hunters, fishermen of salmon and subsistence agriculturalists. Despite the various friendly tribes, the travelers also met up with hostile tribes on thei r way to the Pacific Ocean. Such a tribe was the Blackfeet Indians, who were notorious for being hostile to intruders. The members of this tribe were equipped with rifles and sought to get more from the expeditionists. In the heat of the moment, Lewis and Reuben slew a Blackfeet warrior sparking a war between the tribe and envoys of the federal government. They also had an unfortunate encounter with the Yankton Sioux and Omaha tribes (National Geograp

Sunday, July 28, 2019

Industrial Structure of Banking Essay Example | Topics and Well Written Essays - 1750 words

Industrial Structure of Banking - Essay Example Fourth, the relationships between the banks and the financial markets have also proven important determinants of the financial stability of the economy. Financial markets refer to the entity where stocks and other securities are traded(Anon., 2010). Banks are custodians of the investors’ funds. The financial markets generate prices whenever securities are bought and/or sold. When these banks want to make loans to the investors, they value these financial assets whereby the valuation and pricing of these financial assets are the main determinants of the financial stability of the economy. When prices are high, the banks are willing to lend more in the economy and this leads to the financial crisis in the economy since there is more money chasing few assets in the economy. On the other hand, when the prices are determined to be low in the financial markets, there will be a little amount borrowed hence high financial stability in the economy. Therefore, this links the relationshi p between the banks and the behavior of securities in the financial markets and how the relationship affects the financial stability. The other market structure is a cross-border listing, which refers to the process where banks stocks are listed in the securities market of other countries where it was not incorporated. These banks which are listed in other countries enhance the capital inflow to the economy. Too much inflow of these funds into the economy can lead to financial instability if not well monitored.

Saturday, July 27, 2019

Analysis of The Declaration of Independence Essay

Analysis of The Declaration of Independence - Essay Example While the Declaration of Independence demonstrates considerable historical importance, a large part of its lasting appealing is because of the power rhetorical tools the text implements. Within this context of understanding, perhaps the most powerful rhetorical tool is Jefferson’s implementation of pathos to engage the emotional appeal of the readers. From the very opening of the document, Jefferson implements slightly melodramatic language as a means of creating this emotional response within the reader. Consider Jefferson when he writes, When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation (Jefferson). While these textual elements function to establish the purpose of the document, they are also written in a lyrical way that draws the attention of the reader to the importance and viability of this declaration. Evident here, as well as later in the text, is also a carefully crafted rhetorical structure. In these regards, one notes that Jefferson’s sentences are not simply constructed as one might construct a legal document, but are highly considered for things such as alliteration and parallel structure. This is highly evident in the quote above, as well as in statements such as the seminal, â€Å"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness† (Jefferson). Ultimately, this lyrical quality functions within Jefferson’s emotional pathos technique of engaging the reader. In addition to these stylistic eleme nts of rhetoric, the text also implements strong appeals based on logos. Indeed, in considering the Declaration of Independence in terms of logos, one of the most powerful articulations is the role of government. In these regards, the overarching understanding is that it protects citizens’ rights. In these regards, Jefferson makes the seminal statement, â€Å"they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness† (Jefferson). While this is a broad and rhetorical statement, its primary argument holds true. While the Declaration of Independence in large part illustrates the functions of government that England failed to accomplish, in considering some of these points, one demonstrate some of the important roles of government. Regarding England, Jefferson indicates that he has â€Å"refused to pass other laws for the accommodation of large districts of people, unless those people would relinquis h the right of representation in the legislature† (Jefferson). Here, Jefferson is indicating that the British government failed to provide adequate representation to individuals. Ultimately, when one views the slanted and dysfunctional nature of dictatorships, the importance of this function is made abundantly clear. As the text progresses Jefferson abandons the earlier lyrical quality for the more legal-like structure wherein a series of grievances are listed. This technique has powerful logos appeal as the culmination of these grievances builds such

Friday, July 26, 2019

Reformed Epistemology Insulates Religious Faith from Scientific Essay - 1

Reformed Epistemology Insulates Religious Faith from Scientific Scrutiny - Essay Example Religion also attempts to answer life’s existential questions in comforting, understandable ways. But does this all mean that religion is so mysterious in its nature that it must never be questioned, and that its doctrines take precedence over the laws by which we choose to be governed? This is the territory Leiter explores in his paper - at least, he explores it to the extent that religion brushes up against secular laws. It is an interesting point of view. We all know people whose religious affiliations have exempted them, from time to time, from duties or obligations that, had they not claimed a particular religious affiliation, they would have been expected to fulfill. And we, for the most part, in the name of freedom of religion, tolerate these exemptions. But why? Why are religious individuals accorded this toleration? And if we cannot answer this question, should we continue, in fact, to tolerate their exemptions, even in the face of no reasonable evidence? Any person who has taken an American history class or studied for his or her citizenship exam is well-acquainted with the Amendment concerning freedom of religion – but perhaps it is now time to re-evaluate the concept. Leiter would have us believe that the re-evaluation is long overdue. He even go es so far as to delineate a difference between toleration and respect. This paper will explore his logic, analyze some of his examples and draw a conclusion as to whether or not he has successfully made his case with regard to tolerating religion.

Should there be a death penalty Essay Example | Topics and Well Written Essays - 250 words

Should there be a death penalty - Essay Example He goes to work as Sam’s lawyer so he can be with him through his final appeals. Sam is a very bad man. He has killed several people. He is a terrible racist and was a member of the KKK. Despite all of this, the book does a wonderful job showing us his humanity. Even though he has killed, the irony of the story is the fact that he didn’t kill the girl they are executing him for. This book caused me to view inmates on death row as humans, not just criminals. The scary thing about the book is that even though I feel Sam was a horrible person, I question the rights of the state to take his life. If it really is about protecting society, then let him stay in jail forever. The book also helped me see how there might bee mistakes made along the way that would send an innocent person to the death chamber. It is true that Sam was guilty of many crimes, but not guilty of the crime for which he was executed. I found myself wondering how often this happened in America and other places where criminals are executed. I came away from the book feeling that no one should be executed because the likelihood of making a mistake was too

Thursday, July 25, 2019

Poltical science - political philosophy Essay Example | Topics and Well Written Essays - 3000 words

Poltical science - political philosophy - Essay Example This distinction would suggest that he held philosophy in high regard and felt it was even necessary for the proper function of a society. This seeming inconsistency between the rigid restriction of philosophy among the people and the importance of philosophy to the proper governing of that society prompts the question; did Plato believe the philosopher posed a danger to the state or a benefit? To answer this question, it is necessary to delve into Plato’s description of the perfect leader which includes an investigation into the concepts of morality and ethics as well as an understanding of the restrictions and opportunities he envisioned for his ideal society’s exposure to philosophy. As seen in the writings of Plato regarding Socrates, which some will argue is a blending of the two philosophers’ ideas, one of the requirements for a leader is that he be a moral and ethical man. To be a moral and ethical man, it is necessary that this man must first know â€Å"his spiritual self as it really is, including all its shortcomings, strengths and potentialities† (Sahakian, Sahakian, 1966, p. 32). As Plato was a disciple of Socrates and the source of much of the information we have regarding much of what this man had to say, Socrates’ concept of ethics is relevant to an understanding of Plato’s views. According to Socrates, it is the man who does not know himself who cannot accurately judge his own capabilities and his own unique path to the greatest good based on accurate use of his strengths and knowledge of his weaknesses. Socrates takes this another step by suggesting that knowledge of oneself will instruct from within regarding those thin gs which are good (moral and ethical) and those things which are not. He suggests this by claiming that things that are good will make us feel happy inside while things that are bad will be immediately

Wednesday, July 24, 2019

Case Study problems (4) Chapter 15 Example | Topics and Well Written Essays - 250 words

Problems (4) Chapter 15 - Case Study Example Additionally, through Dutch auction IPO, there is no audited financial report requirement thus the external auditors fees are avoided. Based on the low costs of holding the IPO using Dutch auction as compared to traditional IPO, S&S Air should go public through Dutch auction IPO. In calculating the optimal size of IPO, the company should compare its financial and operational performance with that of few public-owned firms within the Air industry. The firm in collaboration with the underwriter should base their prices after analyzing the market price ratios, making the appropriate adjustments based on the companies-specific differences (Benninga and Sarig 411). In this way, they determine the maximum and minimum share price. This is followed by gathering recent IPO market information and lastly setting a final offer price. The major advantage of increasing the size of S&S Air IPO to $80 is that the company will raise more funds that are needed to support its current growth and future expansion. However, the major disadvantage is that it is costly for a firm leading to low profitability. S&S Air underwriter fees amount to $4,200,000 calculated as (.07*60,000,000). Adding the to all the other IPO direct costs, the total costs amounts to $6,358,500. As a percentage of the funds received, the IPO will cost the company $6,358,500/60,000,000*100=10.60% (Benninga and Sarig 411). During the initial public offering, the company through the corroboration with its investment bank has the duty of setting the price of its shares. In this regard, the employees should render their shares to be sold during the IPO since in the secondary offering, the shares prices will significantly be determined by the market forces. Additionally, the demand for shares in the secondary market will be low since most of the external investors will be watching

Tuesday, July 23, 2019

The Negative Causes, effects and sides of Onechild law in China Research Paper

The Negative Causes, effects and sides of Onechild law in China - Research Paper Example cts Negative Population Implications Negative Economic Effects ‘Little emperor syndrome’ – kids spoilt, lack social skills Increased pressure on kids to get good qualifications, well paid jobs, provide for parents in old age Human rights issues and abuses – shouldn’t everyone have the right to have as many kids as they want? Also looking at abuses, e.g. forced sterilisation, abortions, Imbalanced gender ratio = 119.2 boys for every 100 girls – due to abortions of girl pregnancies, abandoning girl babies. Also created ‘bride shortage’ with 10% more men in population than women Current fertility decline now stands at 1.47, below replacement fertility level of 2.1 kids Rapid aging population; Currently 10.5% of population over 65 (was 7.6% 2 decades ago) Set to grow to 15% in 2015, 20% by 2025 and 35% by 2050 4-2-1 problem of supporting elderly relatives – financial problems 1.34 billion Yuan in 1990 spent on government alloca tion for birth control programmes, grew to 4.82billion Yuan by 1998, still increasing now Rural consequences of only having 1 kid - loss of income on farm, labour needed to work on farm/ in agriculture Process Style Outline Negative Effects of China’s One Child Policy Social Effects ‘little emperor syndrome’ Over reliance on children from one child families Human rights violations Effects on China’s Population Structure Gender imbalance ratio – fewer girls – boys valued more, baby girl infant mortality Fertility levels fallen below replacement levels Rapidly aging population Economic Effects Family cost/consequence of only having one child State financial and political costs of administering policy Rural populations – need more kids to help out on farm, agriculture, etc Key Underline Thesis Statement Three decades after its implementation, there is a growing concern amongst researchers and citizens that China’s One Child Policy is having negative effects on Chinese society, its economy and future population trends. It is the aim of this report to discuss the consequences of such an unprecedented policy. ‘China’s One Child Policy was introduced in 1979 by the People’s Republic of China’ (Rosenberg, 2011). It was initially designed as a temporary measure to slow population growth at the start of the Chinese economic reforms (Feng, 2005). This was because China’s population had almost doubled from 563 million in 1950, to one billion by 1980 (Rosenberg, 2010). The policy has resulted in 90% of urban and 60% of rural children having no siblings (Chen, 2000) and China now has one of the lowest fertility rates (1.47 children per couple) in the world (Feng, 2005). According to Li et al (2005), ‘China’s One Child Policy is the largest and most extreme social experiment in population growth control via government intervention in human reproduction history’. Howev er, three decades after its implementation, there is a growing concern amongst researchers and citizens as to the negative effects such a policy has had on Chinese society, its economy and future population structure. It is the aim of this report to discuss the consequences of such an unprecedented policy. There are many negative consequences of China’s One Child Policy relating to the social structure of Chinese society. Chen (2000) believes that ‘

Monday, July 22, 2019

Advantages and Disadvantages of Social Networking Essay Example for Free

Advantages and Disadvantages of Social Networking Essay  « Vocabulary and Grammar – An Elementary lesson for CELTA trainees at CELT Athens What steps are part of the process of designing a syllabus? What knowledge skills do teachers need?  » The Advantages and Disadvantages of Social Networks for Language Teachers Does this look familiar To –ing or not to –ing†¦Ã¢â‚¬ ¦that is today’s question! One of my students asked me last month why we use the –ing form for blogging, networking, computing†¦..Good question! My answer? Because technology is constantly changing and plus usually these actions are constant, happen often, plus they are amusing but can be annoying – so we use the present continuous form†¦. On Wednesday 18 January, #ELTchatters wished each other a Happy New Year and got their teeth into a very stimulating chat. As language teachers, do we find these social networking platforms and services amusing or annoying Our students are already using a wide-range of social network sites and teachers are beginning to familiarize themselves with such sites, to keep up with technology but more importantly, to discuss and exchange ideas and develop as teachers. We read and write blogs, visit forums, develop Nings and Wikis, all of which are constantly changing and being updated. The #ELTchat itself is proof of this†¦.it’s fast, furious, fun and educational! We have joined ther World of Technology, for good or for bad? By the way, did you know that if Facebook was a country, it would be the third largest country in the world!!! So in the ELT world, here are the main themes from the discussion. Advantages: * There will be more pro chatters tonight as most members are keen SN users. * #ELTCHAT is one of the major advantages of SNs for teachers. * SNs have radically changed teachers’ lives. We will never feel alone again. * Facebook has become a professionally developing site rather than just a social network. * SN has revolutionized the way we think and opened wider perspectives. * SNs are global and 24/7. * SNs should be harnessed by 21 century teachers with enthusiasm. * Use Facebook for personal contacts and Google+ for PD. * SNs are an extension of staffroom chats with links, banter and discussions. ‘Virtual staffroom†. * #ELTchat is great as it is an ‘outer of class collaboration’ discussion, as few teachers in the workplace know how to collaborate. * SNs create friends which lead to face to face meetings. * Share worksheets/mind maps for students, time-saving. * Twitter tags can inform parents’ of students’ progress. * Non-native teachers are also exposed to real language in the modern world. * SNs, like Twitter and #ELTchat are energizing! Plus, through #ElTchat, you find more people to follow! So, start following!!! Disadvantages: * All SNs are time-consuming. * Some teachers find SNs too daunting to tackle. * SNs can become addictive. They can take over your life, leaving little time for family and friends. Knowing when to stop is crucial – try to switch off! * Replication of themes from one SN to another is annoying. * Students become obsessed in finding their teachers on FB and intrude in teachers’private lives. * Privacy issues with FB AND Twitter – do not accept people you don’t know or protected accounts on Twitter. * Tweetdeck often has technical problems. Mentioned sites, platforms and services worth checking out: * http://www.edmod Secure Social Networking for Teachers * http://moodle.org/Moodle is a Course Management System (CMS), also known as a Learning Management System (LMS) or a Virtual Learning Environment (VLE). It is a Free web application that educators can use to create effective online learning sites * http://www.blackboard.com/ Blackboard helps clients enrich all aspects of the education experience by engaging and assessing learners, making their daily lives more convenient and †¦ * http://www.collaborizeclassroom.com/ is a free online collaborative education platform that allows students and teachers to transcend the boundaries of their physical classroom to engage in an online collaborative  learning environment. * http://bloggerindraft.blogspot.com/2011/08/introducing-google-scribe-in-blogger.html-an aid to write your blog! * http://aplanet-project.org/ Autonomous Personal Learning Networks For Teachers * http://www.scoop.it/t/interactive-teaching-and-learningExploration of engaging learning spaces and technologies that suppo rt them. * http://www.evernote.com/ Remember everything! * http://www.diigo.com/ To collect, highlight and remember those bookmarks! The chat went on to discuss the issue of coping with lack of time and organizing information and links shared. This lead to a variety of suggestions for bookmarking and who prefers Twitter, FB, Google+. Everyone had their own opinion! A blog challenge was proposed: @esolcourses: Best method for organizing #ELTchat bookmarks! Choose one and demo! As ever, there were some great links shared: * http://t.cohttp://evasimkesyan.edublogs.org/2012/01/18/evo-digitalstorytelling4kids-and-the-tool-of-the-week//JBbayIuc * http://learningfundamentals.com.au/wp-content/uploads/Focus.jpg How to focus in times of distraction. Excellent mind map presentation! * http://cybraryman.com/facebook.html All you need to know about SN s and your students. * http://www.telegraph.co.uk/education/educationnews/8142721/Social-networking-teachers-blame-Facebook-and-Twitter-for-pupils-poor-grades.html * http://educationland.wordpress.com/my-worksheets/http://educationland.wordpress.com/worksheets/http:/www.facebook.com/pages/Education-Land/221436857914023http:/t.co/gzX8zGIR Share worksheet and ideas! That’s the summary folks! I would like to add that I didn’t mention specific names on the summary as so many people commented on this chat, so there is something from everyone!! Thanks for another energy-boosting, informative chat! Happy Social Networking!!!

Sunday, July 21, 2019

The Abused Childhood Of Christopher Simmons English Literature Essay

The Abused Childhood Of Christopher Simmons English Literature Essay Christopher Simmons was a disturbed and abused child who committed an awful crime at the age of seventeen. He murdered a woman. His case has major significance to the juvenile justice system. He eliminated the possibility of a juvenile to be sentenced to death. He was sentenced to death row and after multiple appeals and a writ of habeas corpus; his charge was reduced to life in prison without possibility of parole. However, based on the mitigating circumstances of his prior history, the violation of his rights and the ineffective assistance of counsel, his sentence of life in prison does not seem justifiable. Christopher Simmons had a plan. His plan was to commit a burglary, primarily. After he and his friends committed the burglary, he would tie the person up and throw them off a bridge. He was sure he would not get caught due to his age; however things did not turn out as planned. Chris intended on burglarizing a voo-doo man because he was thought to have a lot of money. However their victim turned out to be Shirley Crook. It was September 8, 1993 at two in the morning. Chris Simmons, Brian Moomey, and his friend Benjamin went to Shirleys house. They entered through the back door which was easily opened due to a window being open. As Christopher went throughout the house he went to the bedroom of Shirley Crook. She awoke from bed and Chris recognized her quickly on the account that had gotten into a car accident with prior. Next, Chris went to get duct tape while Benjamin watched over her. Chris then taped Crooks eyes and mouth. She had also been tied with electric cable, leather straps and duct tape. The boys placed her into a mini-van and drive her to a railroad trestle in Castlewood Park located in St. Louis County. There, Simmons bound her hands and feet together, hog-tie fashion, with the electrical cable and covered Mrs. Crooks face completely with duct tape. Simmons then pushed her off the railroad trestle into the river below. Her body was found the next day and Christopher Simmons was arrested . Her cause of death was known to be drowning. Christopher Simmons was picked up by the cops and questioned, but not properly according to the U.S. Constitution. His rights were violated. He was interrogated without advice of counsel or a guardian. Chris confessed, but not all too willingly. Though, he did cooperate, he was forced to confess. He felt as though he had no choice. He was told he must confess or else he would be facing life in prison or the death penalty otherwise. Little did he know that by confessing he would have to face both those sentences. The District Attorney offered Chris a pea bargain to life in prison. Chris declined and the case went to trial. There they had shown a video tape reenactment, of the night Crook was murdered, that Chris performed at the crime scene. A witness testimony that came from his friend stating that it was planned and thus proving there was premeditation which makes any crime a first degree. Simmons moved for the trial court to set aside conviction and sentencing for he had ineffective assistance of counsel however the court denied him. The trial went on and in the end the jury came back with the decision that Simmons was guilty of the charges. The evidence presented was so minimal that at least one member of the jury, that James V. Biundo, a professor at Southeast Missouri State University, was left wondering how it was possible that Simmons, a loving brother and good neighbor, could have participated in such a crime. The jury recommended that Chris Simmons be sentenced to death row. Chris a ppealed and filed for a writ of habeas corpus. His defense attorney never brought up his life at home, only that he was a loving person Chris was a product of abuse and a very broken family. His mother and father divorced and re-married. His living situation was with his mother, Cheryl Hayes, and stepfather, Bob Hayes. He did however keep in contact with his father. His parents divorced when he was just a young kid. When his mother got re-married, she married a man that would abuse Chris to the point of insanity. Bob Hayes had two children of his own, both of which were not treated anywhere as badly as Chris had suffered. He was looked at like a slave. During the evaluation by a psychologist during his sentence, Bob Hayes admitted to tying Chris up to tree while he went fishing, intentionally, so he did not have to watch him or worry of him wandering. There was also witness to Chris getting hit in the ear, by his stepfather, so hard that it drew blood and damaged his ear drum. The same witness, Christie Brooks, also confessed that she saw Chris sob due to the torturous treatment of his stepfather (IJP). Chris was dis ciplined with whoopings and Bob later began to torture Chris about his acne. He would regularly hold him down squeezing all of his pimples until they bled. As for his mother, she felt like a helpless victim as well. She was too afraid to intervene with Bob and Chris and stop the abuse (American Bar Association). Chris also faced drug and alcohol problems. According to a psychologist, given his environment in which Simmons was raised and his familys prior generational history of psychiatric illnesses and substance abuse, which is reported by his family, Christopher Simmons was predisposed to developing a psychiatric illness. When Chris was a teen he drank and smoked weed every day. He also did LSD and shrooms. He turned to drugs and alcohol not only because of bad genes but also because of the lack of support from his family and his need for escape. It was a way to reduce his anxiety. The psychological effects on Christopher of growing up in this alcoholic and abusive environment provide mitigating factors which a jury should have had available when asked to consider why a seventeen year old, with no prior history of violence and no criminal record, would commit a murder such as this. All the evidence of substance abuse and physical and mental abuse was never presented by the defense attorney . If it was, Chris may not have had to face such a harsh sentence. Simmons consistently appealed his case only to have the death penalty upheld. Chris decided to file for a new petition for post conviction relief. The Missouri Supreme Court said a national consensus has developed against the execution of juvenile offenders and therefore was sentenced to life in prison without parole. The state of Missouri appealed the decision to the Supreme Court. When the case was heard in the Supreme Court in 2004, they held that the death penalty to anyone under the age of eighteen would be considered cruel and unusual punishment and thus violates the Eighth Amendment. Chris has changed since he has been in prison. He is known to be model prisoner and he has become part of a religious group in prison. He has also taken part in prevention programs for teens in order to keep them from crimes. In Chriss own words he says: I am definitely sorry for all of the suffering Ive caused people especially the victims, I just wish there was a way to make things right. I wish I could let people know how genuinely Ive had to deal with it for the eight years Ive been in prison and had to look in the mirror everydayI want to continue to help troubled teens, as I once was, and I presently get the opportunity to in a Youth Enlightenment Program that we have here at this prison. I came to death row a messed up, drug addicted, 17-year-old runaway that grew up here in the worst of prison realities. Ive had to wake up every day facing the pain and suffering Ive caused others. In conclusion, the case of Christopher Simmons has many different turns. It seems to be an unfair story starting with his arrest. His due process rights were violated and so he incriminated himself. That led to a court case that wasnt handled correctly by the defense. A defense lawyer led to Chriss sentence on death row. Thankfully, his sentence was overturned and he was sentenced to life in prison due to Supreme Court Case, Roper v. Simmons, where the sentence of a juvenile to death was considered unconstitutional. However Christopher Simmons case should of been appealed, re-tried with a better lawyer and gotten a more lenient sentence to begin with. Because of his abuse and background, he could have gotten help from psychologists and hopefully released from prison to be a functional member of society instead of a functional member of prison.