Joint Criminal Liability for Murder | Case Study

Joint Criminal Liability for Murder Case Study initiationThis assignment will attempt to analyse less(prenominal)er iniquitous liabilities persisting up to stronger fell liabilities for entirely disuniteies involved in a possible conviction of murder by focussing on the major themes of contending and procuring, aiding and abetting, accessory liability, illegitimate pull downing, grievous bodied equipment casualty ( devastation resulting) and causation.Joint Criminal Liability between Andy, Matthew appreciateAre both Andy and Matthew evenly chief(prenominal) wrongdoers for the direct of distinguishing criminal liability?Criminal liabilityA person who commits the acts which form whole or part of the actus reus of the crime is known as a principal in the first degree Osland v R (1998) 1It can be derived from the facts that both Andy and Matthew were present at the scene to carry out a joint criminal enterprise Tangye (1997) 2 as there was an hold equalment Tangye (199 7) 3 do between the two to seize the managers of large supermarkets in their homes and hurtle them to bribe to their supermarkets and open the safes. On the facts it cannot be established that derivative liability exists between the two or any failure to agree to such actions is present Osland v R (1998) 4rather an acting in concert which may bring about the burden of equally placing responsibility on each individual for the acts of the other R v Lowery and King (No.2) (1972) 5 both(prenominal) Andy and Matthew may be charged with crew under S.321 to commit and offence does this extend to Jimmy?ConspiracyAndy puts his plans to Mathew who agrees to take part in the robberies, for a percentage of the proceeds under S.321 of the crimes Act 1958 this harmony made between Andy and Matthew resulted in the involvement and representation of the offence thusly may lead to a conclusion of guilt in conspiracy to commit that offence. Does this apply to Jimmys level of involvement?Actu s ReusConspiracy has been defined as an agreement to do an unlawful act or a lawful act by unlawful meansR V Jones (1832) 6 there is sack uply no question of dispute that both Andy and Mathew immovable that the best management of ma magnate quick money was to execute the agreed criminal act. To establish difference of s.321 it may be inferred that Jimmys conduct of providing a safe preindication endeavorionally perverted the course of rightness or intended to pervert the administration of public justice throng v. Robinson (1963) 7 hence making Jimi a complicit in the commission of a crime.Mens ReaThe establishment of both Andy and Matthewss targetal agreement to infract s.321 is apparent on the facts posing the question whether a conspiracy charge is as effective as heavier crusadeed substantive charges forthcoming Hoar v R (1981) 8 Jimmy may be tack together guilty under the equally applicable test if it is demonst set outd that the provision of the safe house was a fur therance to the common nominate R. v. Tripodi (1955) 9 in effect being liable for accessorial liability cod to the counselling and procuring involved with Andy and Matthews main(prenominal) offences.DefencesThe scope of mens rea clearly applied to Jimmy is debatable a conspiracy is proved by secern of the actual scathe of the agreement made or accepted or by evidence from which an agreement to effect common goals or purpose is inferred. Gerakiteys v R (1984) 10. No evidence of actual terms of the agreement provides a clear entry point before the act or common object to the commission of the offence by Jimmy R v Theophanous (2003) 11The mere providing of a safe house provides only an inference for a jury to draw upon after the fact of Jimis level of participation. In this uninfected the evidence may fall short of establishing a clear level of involvement R V Darby (1982)12.Due to the possible grey area in establishing Jimmys intention to pervert the course of justice the hat chway of an acquittal under s.321 may result, if the inference of the oert act in itself is not proved beyond liable doubt aligning common purpose against other substantive criminal acts R V Darby (1982) 13.Both Andy and Matthew may be charged with Burglary does this extend to Aggravated Burglary?BurglaryAndy and Matthew may be guilty of burglary for jailbreak into Joes home as trespassers with an intention to assault both Joe and Betty.Actus ReusAs we can see from the facts the actions of both Andy and Matthew in breaking into Joes home may substitute the trespassing and home for the purpose of a building. Case?Mens ReaOn the facts this was actioned knowingly without permission with a firm intent to commit an assault R v collins (1972) 14Aggravated BurglaryIf burglary can be established between Andy and Matthew they may be too be found guilty of aggravated burglary collectable to the carrying of a firearm at the time and knowingly entering with intent to do so.Actus ReusBoth Ma tthew and Andy entered intending to assault Joe carrying loaded pistols at the time of their entry. With no apparent reason on the facts to dispute that Joe was not present in his house, hence an inference may be drawn by the jury not suggesting otherwise R v Verde (2009) 15Mens ReaBoth Andy and Matthew on the facts intended to threaten to realise injury to a person inside the house if he they were disturbed during the burglary R v Verde 2009 16. They similarly had the weapon for a purpose connected with the burglary as discussed about albeit for armed looting R v Kolb Adams (2007) 17.Matthew may also be charged of extortion with threat to killExtortion with threat to killFurthermore on the above aggravated burglary charge this may be coupled with Matthews threat to kill Betty which may contravene S.27A B regarding extortion with a threat to kill.Actus ReusMatthew clearly made a demand of Betty to lie down on the floor and remain silent or he will kill her. Leaving Joe fearing f or his sustenance and that of his wife if they did not submit R v Lawrence (1980) 18Mens ReaOn the facts Matthewss intention to threaten to kill was an attempt to create fear of the infliction of harm Ryan v Cuhl (1979) 19.Is Andy liable for the common law crime of false impounding against Betty?False imprisonmentAndy may be liable for the Criminal offence of false imprisonment due to unlawful restraint and threats to both Joe and Betty.Actus ReusAs we can see from the facts Andy drags Betty into another room tying her work force and feet with rope and taping her mouth in coif for her not to scream. Clearly unlawfully restraining Betty from her liberty to granting immunity of movement, furthermore confining her into the custody of one room Ruddock v Taylor (2005) 20Mens ReaAndy held a clear intention to unlawfully restrain Betty against her will as a consequence of his threats to kill her and Joe if they did not comply R v Garrett (1988) 21DefencesThere is little to no likelih ood that Andy may raise a defence of lawful apology for his actions upon the facts Blackstone 22Andys LiabilityIs Andy liable for contravening S.22 23 of the Crimes Act 1958 regarding Bettys un born(p) child.Conduct en riskinessing life/Reckless conduct endangering sound injuryAndy may be charged as a result of engaging voluntarily in the conduct of restraining Betty without lawful excuse that may have placed her unborn child in danger of death. S.22 23Actus ReusIt can be clearly established that Betty whimpered that she was 7 months pregnant, tho Andy voluntarily and recklessly proceed without lawful excuse to assault and restrain causation possible serious injury by way of miscarriage on Bettys unborn child R v Crabbe (1985)23Mens ReaApplying the test in Ryan v pusher (1966) 24 to the possible death by way of miscarriage to Bettys unborn child. The Jury may infer that this possibility was contemplated by Andy as a result of his continued restraint and threat to kill. Furthe rmore evidence of Andy contacting politics alluded to his realisation and contemplation of danger or serious injury.DefencesThere may be a stripped defence to debate the intent on Andys behalf to place Bettys unborn in danger by the succeeding contacting of authorities furthermore death did not result, hence the actus reus of the consequence failed to occur R v NuriI (1990) 25 however a finding on the continuation of Bettys restraint at the time of the offence may weigh more heavily against Andys contemplation R v Crabbe (1985).26. It must also be noted that in R v Hutty (1953) 27a person is not a being until he or she if fully born in a living state however R v West (1848) 28 negates this and still establishes homicide if a child is born and subsequently dies.Does Andys use of stolen indorse plates be theft for the purposes of s.72 (1) s.73 (5) s.73 (12)TheftAndy may be charged with theft by the action of stealing or dishonestly appropriating another persons licence plates wi th the intention of permanently depriving them from the owner.Actus ReusClearly Andy was unauthorised to appropriate or physical take and carry away The king v James Lapier (1784)29. Another persons tangible airscrew Oxford v Moss (1979) 30in this case being licence plates for the commission of the offence.Mens ReaIt may be inferred that Andy had specific intent to dishonestly deprive s.73(12) the owner of rightful possession of the licence plates for his own right to use Stein v Henshall (1976)31 furthermore this can be strengthen by the lack of consent R v Senese (2004) 32Are both Andy and Matthew liable for kidnapping Joe under S.63a kidnappingAndy and Matthew may be liable for demanding Joe to drive to the supermarket to intentionally open the safe for their advantage in return for his release.Actus ReusOn the facts we can clearly see that Joes own(prenominal) liberty or freedom of choice was remote primarily by way of a threat to kill unless he complies Wellard v R(1978) 33. Secondly this was performed by Joe being carried away in the form of a car by Andy and Matthew. Thirdly this was achieved by force without consent. This may be inferred by a Jury as his wife Betty was clearly in an hurt state. Fourthly at no point was there any justified lawful excuse R v D (1984) 34.Mens ReaAndy and Matthew both shared intent in agreeing to perform the kidnapping in order to fulfil their common purpose of execute the robbery. CaseDid the actions of Joe opening the safe constitute a criminal offence under s.9AG.DuressJoe may not be found guilty of a criminal offence pertaining to the opening of the safe under duress due to a threat to kill Betty.Actus ReusOn the facts a threat of immediate death was made towards Betty unless both remained compliant. Joe being clearly overborne by this verifying threat subsequently led his will to be placed under duress, furthermore serious personal violence overbearing his ability to become resistant or no opportunity to restrai n lead may lead to a strong justification for his actions of opening the safe Attorney-General v Whelan (1934) 35Mens ReaClearly Joe had no intent to perform this criminal offence if he was not under duress, his will was overborne with fear for his life and that of his wife.DefencesJoe has a strong case in establishing duress R v Brown (1986). 36 Furthermore a jury may infer that carrying out the conduct was the only reasonable way that the threatened harm could have been avoided. s.9AG. (b)Are both Andy Matthew guilty of committing Robbery/Armed Robbery contravening s.75 s.75A?Robbery/Armed robberyBoth Andy Matthew as an accessory may be equally guilty of robbery for stealing the content of a safe by force by dint of Joe by means of fear with the use of firearms.Actus ReusJoe was awake(predicate) of the theft and subsequently was compelled by force or fear to submit to Andys demands to open the supermarket and safe, this prevention by violence or threat establishes robbery un der s.75 the use of firearm establishes armed robbery for the purpose of s.75 a (1) enabling the two to have the safe opened and its contents permanently deprived of the owner. It is clear that Joe being the supermarket manager satisfying s.75 a (1) as the applicable person or custodian of the property in this instance metalworker v Desmond (1965)37Mens ReaIt is clear that Andy and Matthew intended to place Joe under duress by the use of a deadly weapon to intimidate Joe to fear for his life and that of his wife. caseDefencesRegardless if Andy believed he had an honest entitlement by way of his intentions of support for the Karen tribe as a claim for defence, it is unnecessary to prove this R v Langham. (1984) 38 furthermore would not constitute lawful excuse at any rate under the Firearms Act (1996) s.132 (2). Thirdly a claim for military necessity would not apply due to his departure from the SAS and proportionality arguments contravening multiple international humanitarian law co nventions regarding legal use of force.39Andys Liability over Joes serious injuries sustained.Causing serious injury intentionallyAndy may be charged under s.16 17 s.22 for pistol whipping Joe until he became unconscious.Actus ReusIt may be established on the facts that Joe clearly suffered no less than serious grievous bodily harm by Andys act of pistol whipping to the point of swooning DPP v Smith (1961)40. Due to this act being in furtherance of a crime it would constitute without lawful excuse for the purposes of s.16 of the crimes act 1958.Mens reaAndys intent may be established sufficiently in causing intentionally serious injury through the furtherance of a crime or alternatively through recklessness. Meyers v R (1997) 41 It is possible that recklessness may also be established given the record of Andys training received through the SAS in the continued use of such force being reasonable foreseeable that such a consequence may arise R v Coleman (1990) 42.Andy may also be liable under s.22 for recklessly engaging in conduct that renders Joe in danger of death with the carrying of a firearm it also may be sufficient to be deemed guilty for grievous bodily harm and breech of s.31a R v Faure (1999)43. as a probable consequence he may be deemed just as blameworthy as the conduct of one who does an act intended to kill or to do grievous bodily harm. R v Crabbe (1985) 44Is Matthew triable as a principal offender as an abettor for his involvement in the commission of a crime under S.323?Abettors in indictable offences are triable as principal offendersMatthew may be charged for assisting Andy at the scenes of the crime furthermore supporting and procuring by taking appropriate steps towards the commission of the offence under S.323 Crimes act 1958.Actus ReusMatthew agreeing to take part in the robberies hence satisfies the preparation arm or to abet in agreeing to the commission of the offences Thambiah v R (1966)45, Secondly clearly he aided when he broke into the home acting in concert, hence not derivative to the principal offence also by carrying loaded pistols and when he threatened Betty and Joe performing the subsequent false imprisonment Osland v R (1998) 46Thirdly Matthew counselled by keeping nit and not ever-changing the course of action R V Whitefield (1983) 47 whilst the robbery took place. These actions show the series of steps undertaken in the commission of the offences constituting a breach of s.323.Mens ReaMatthew may be found guilty due to the fact that at no time Matthews intention knowingly or wilfully changed to the knowledge and acceptance of the pre formed sequence of events R v Bainbridge (1959)48.1 Osland v R (1998) 159 ALR 1702 Tangye (1997) 92 a Crim R 5453 ibid at 5454 Osland v R (1998) 159 ALR 1705 R v Lowery and King No.2 (1972) VR 5606 R V Jones (1832) 4 b Ad 345 at 3497 James v. Robinson (1963) 1 CLR 593 at p 6188 Hoar v R (1981) 148 CLR 329 R. v. Tripodi (1955) SCR 43810 Gerakiteys v R (1984) 153 CL R 317 at 711 R v Theophanous (2003) 141 A Crim R 216.12 R V Darby (1982) 40 ALR13 R V Darby (1982) 40 ALR 60114 R v Collins (1972) 2 All ER15 R v Verde (2009) VSCA 1616 R v Verde 2009 VSCA 1617 R v Kolb (2007) QCA 180 18 R v Lawrence (1980) 32 ALR 7219 Ryan v Cuhl (1979) VR 31520 Ruddock v Taylor (2005) 222 CLR 61221 R v Garrett (1988) 30 SASR 392.22 Blackstone, Book 4, Chapter 1423 R v Crabbe 1985 156 CLR 464 46924 Ryan v Walker (1966) VR 55325 R v NURI (1990) VSCA 726 R v Crabbe 1985 156 CLR 464 46927 R v Hutty (1953) VLR 338 at 33928 R v West (1848) 2 Cox cc 50029 The king v James Lapier (1784) 168 ER 263 and Wallis v Lane 1964 VR 29330 Oxford v Moss (1979) 68 Cr App Rep 18331 Stein v. Henshall (976)V.R. 61232 R v Senese (2004) VSCA 136SDSD33 Wellard v R(1978) 67 Cr App R 36434 R v D (1984) 2 all er 44935 Attorney-General v Whelan (1934) IR 518 at 52636 R v Brown (1986) 43 SASR 33 at 37.37 Smith v Desmond (1965) AC 960.38 R v Langham. (1984) 36 SASR 4839 Article 52 of Additional protocol to the Geneva Conventions40 DPP v Smith 1961 AC 29041 Meyers v R 1997 HCA 43 (1997) 147 ALR 440 (1997)42 R v Coleman (1990) 19 NSW 46743 R v Faure (1999) 2 VR 53744 R v Crabbe 1985 HCA 22 (1985) 156 CLR 464 (26 March 1985)45 Thambiah v R (1966) AC 3746 Osland v R (1998) 197 CLR 31647 R V Whitefield (1983) 79 Cr App R 3648 R v Bainbridge (1959) 3 ALL ER 200

Thomas Hobbes And Francis Bacon In English History History Essay

Thomas Hobbes And Francis Bacon In side History History EssayConsidered one of the most lush times in English History, The 17th Century could actually be looked at as an ripen of tremendous intellectual and economic advancement in Great Britain. Despite friction over issues of piety and church and state domestically, the British population grew and its economy prospered. Commerce expanded throughout the globe as Great Britain successfully developed and extended trade and business. Some of historys most illustrious minds were both a part, and a product of Great Britains transition from an age of faith to one of reason. Thomas Hobbes was one of those famous minds and is now public opinion of as one of historys greatest natural law philosophers. (www.historyworld.net)Thomas Hobbs was born in England in April of 1588. He was reportedly born prematurely due his m differents fear of the news of the approaching Spanish Armada. Hobbes was the second son of a local clergyman, that his f ather never played a determination in his feeling. There are varying accounts as to why his father abandoned the family in Hobbes youth, but he was nevertheless raised by a head-to-do uncle who supported his education and development. Hobbs started his schooling at 15 entering Magdalen College, Oxford, yet initially focused more attention on maps and charts. He graduated at 19 and soon served as private tutor to William Cavendish, a wealthy boy non much younger than Hobbes who later became the 2nd Earl of Devonshire. As Cavendishs tutor, Hobbes had the opportunity to travel and tutored Cavendish and his brother on the European Continent for some(prenominal) years. It was during this time that Hobbes broadened not sole(prenominal) his world view, but more importantly his philosophic views. He studied the classics and developed and increasing interest in politics and history. (www.notablebiographies.com) Hobbes association with the Cavendish family afforded him number of reso urces which in all probability played a large part in developing his scholarly pursuits.As a scholar, Hobbes offshoot major hightail it was a translation of Greek historian Thucydides History of the Peloponnesian Wars, in 1629. Hobbes indicated that he translated History of the Peloponnesian Wars during a period of civil unrest to remind political leaders of his day that the ancient scholars thought majority rule to be the least effective form of government. Thucydides work represented that sagaciousness the past was important in determining the proper course of action. Regarding Thucydides great History of the Peloponnesian Wars Hobbes stated,For the headway and proper work of history being to instruct, and enable men by the friendship of actions past to bear themselves prudently in the present and providently in the future, there is not extent any other (merely human) that doth more fully and naturally perform it (http//history.wisc.edu)In Hobbess view, one of the most sign ificant intellectual pull downts of his life occurred when he was forty when he stumbled upon a copy of Euclids geometry. His second work, A Short Treatise on initiative Principles, expressed his deep interest in the study of geometry. Hobbes went on to continue his travels throughout Europe and worn-out(a) time with many of the most influential minds of his time. In France, he met with Mersenne and members of the scientific community including Gassendi and Descartes. In Italy, he spent time with Galileo. In order to escape the civil unrest in England, Hobbes spent the bordering eleven years in France and taught Mathematics to Charles, Prince of Wales. It was in the 1640s that Hobbes developed plans for future philosophical work. As genteel War was imminent in England, he was Inspired to write on issues related to society and make De Cive in Paris in 1642. Hobbes later published the same work in English under the title Philosophical Rudiments concerning Government and Society as the Commonwealth took hold of the government. The take hold was highly contentious as both sides of the civil war criticized its views. (www.philosophypages.com)In light of the developments in Paris, Hobbes feared France was no longer a safe haven for the English court in exile and collapseed to England in 1651. Upon his return he published one of his most famous works, Leviathan. In Leviathan, Hobbes contends that all human acts are self-serving, even if they appear to be altruistic, and that in a natural state which lacks the organization of government, human beings would act in a completely selfish manner. Hobbes believes that humans are basically equal from mental and physical perspectives and are therefore naturally likely to compete amongst one another ultimately resulting in conflict. He believed that democracy would inevitably fail because people are solely motivated by self-interest and that humans appetency for power and wealth would exactly result in conflict of hu mans amongst themselves. Hobbes perspective was that governments were responsible for defend the people from their own selfish nature. In Hobbes view, government would have power similar to that of a sea monster, or leviathan and saw a king as a necessary figure of authority. (Clarendon)Widely considered as one of the 17th centurys most influential natural law philosophers, Thomas Hobbes had a significant regard on British social, economic and political theory. Hobbes developed status in a variety of studies and do intellectual philosophy until this day. He was known as a scientist, as a mathematician, as a translator of the classics, as a writer on law, as a disputant in metaphysics and epistemology not least, he became notorious for his writings and disputes on religious questions. (http//homepage.newschool.edu) However, it is as a result of his writings on politics and morality that he has been eternally remembered. Several of Hobbes many works were never published during his lifetime, among the titles that remained unpublished is the tract on Heresy, and Behemoth the History of the Causes of the Civil Wars of England, among others. Hobbes outlived many of his contemporaries and continued to write end his autobiography when he was eighty-four years old. He finished Latin translations of the Iliad and the Odyssey in his final years, and in 1675 he left London to live with the Cavendish family in Derbyshire until his death at Hardwick on December 4, 1679. (www.egs.edu)200px-Thomas_Hobbes_(portrait).jpg bacon.jpgHobbes wasnt the only great philosopher to come out of the Elizabethan Age Sir Francis Bacon was another leading natural philosopher during the period. Bacon was statesman, a lawyer, and process of Parliament. His writings included subjects regarding questions of law, politics, and church and state. He also wrote on issues on which questioned societal and ethical norms in some of his most famous writings such as Essays or in his primary work on n atural philosophy, The Advancement of Learning. (http//plato.stanford.edu)Francis Bacon was the son of Nicolas Bacon, the Lord Keeper of the Seal of Elisabeth I. He enrolled at one-third College Cambridge at the age 12 and at an early stage of his development began to reject the common philosophical thought of the day which was generally based on Aristotelianism and Scholasticism. Bacons father passed when he was only 18, and as the youngest son he was left with very little financial means. Although Bacon is said to have had rich relatives, he received little assistance, yet he pursued studies in law and had became a member of the kinsperson of Commons by 23. (www.oregonstate.edu)Bacon went on to publish Essays, Colours of Good and Evil, and Meditationes Sacrae in 1597. After Queen Elizabeth initiative death and the rise of James I in 1603, Bacons political career began to grow. He was knighted in 1603 and several honors followed Solicitor General in 1604, Attorney General in 161 3, Lord Chancellor in 1618, world power Verulam in 1618, and Viscount St. Albans in 1621. (http//bacon.thefreelibrary.com/) Under King James, Bacon was appointed to a number of posts, and like his father, was eventually condition the title of Keeper of the Great Seal. He was unfortunately caught in the middle of a power push between the King and Parliament which resulted in Bacon having to forfeit his political status, honor, and much of his personal wealth. (www.oregonstate.edu) Only 5 days five days after he had been given the Viscount St. Albans title, he was accused of bribery in 1621. Bacon admitted to the charges and was subsequently banished from the court and received fines. Bacon never paid the fines, but his sentence was reduced and he was only confined to punishment in the tower for four days. Although the sentence had been reduced he would never once again be able to hold political office for the rest of his life.Bacon later published Novum Organum, or confessedly Di rections Concerning the Interpretation of Nature. In this work Bacon suggested that it was time to let go of Aristotelian ideas and in doing so helped to erect the foundations for modern science and philosophy. Following his dismissal from the court, four additional books followed Historia Ventorum, Historia Vitae et Mortis Augmentis Scientiarum and Apothegms. Some reports indicated that that Bacon assisted in modify the King James Bible, but that remains subject to debate until this day. There are groups that support, as well as dispute this claim, with equal numbers on either side of the debate. (http//science.jrank.org)Bacons contribution to contemporary thought focused greatly on the relationship between science and social philosophy. In Bacons view knowledge is power and that an expansion of knowledge and learning among individuals can help to offset many of societal issues. umteen people in his time considered Bacon a genius. His work, which attempted to encompass the three realms of natural, human and divine existence, has had a significant impact on the study of history, law and philosophy. (www.findingdulcinea.com) In1626, Bacon attempted to test the impact of the cold on the decay of meat. In experimenting with stuffing a chicken with snow, he fell ill, developed pneumonia, and died on April 9th, 1626.

BT Group: Financial Performance Analysis

BT conference Financial Performance AnalysisBT sort out (BT) is the ahead(p) UK company providing landline telecom services and equipment. It similarly had the prompt telecommunication disdain which was attendantly sold as MMO2. After the sale of mobile patronage, BTs profile has now changed from a growth company to a mature cash generating company.A)Financial consummationThe most common quarry estimation of the pecuniary performance of a firm is the return it generates on its assets and the quantity and quality of the returns.Quantity is measured by the absolute and percent change in sum lettuce. The profit and detriment account of an scheme and its analysis ar the prime and premier(prenominal) indicators of a firms mo unclutterary performance. The latest annual results of BT is for the period ending 31 jar against 2005. accessory I shows the summary of key profit and difference figures oer the last three years.BTs swage and profit later on(prenominal) ap praise in 2005 prevail matu balancend as compared to 2004 but are withal lower than those in 2003. The disturbance has declined by 5.7% only whereas profit after tax has declined by 32.7% over the two year period. This shows that the business has rattling low vari adequate costs which is in line with the heavy touch on cost investments patternly made by telecommunication companies in establishing their earnworks and subsequent in truth low variable costs in carrying selective information.While turnover change magnitude in 2005, direct winnings use up declined. This indicates that the business is face up more or less pricing pressures or is spending to a greater extent than on nationalizing as the in operation(p) profit declined by 0.5% only.BTs 2005 profit after tax was 1,820m and was substanti all toldy higher than 1,406m. Though the absolute profit is very high number compared to most of the businesses and indicates that the company is in strong fiscal position, it to a fault shows that BT has high financial leverage. The company remunerative a monumental high post and if revenues and operating margins come chthonian more pressure, it could have trouble paying avocation costs.BT is aware of this issue and has focused on reducing its make debt. After facing tough times in early 2000s, it has sold many previous investments to raise money for repaying debt. BTs care price rose after it announced its strategic conclusion to reduce illuminate debt by raising money through divestments. The net occupy payments have declined from 1,439m in 2003 to 801m in 2005. Not only that, the net interest payment has declined from 49.5% of operating profit to 29.0% from 2003 to 2005. The reduction in net interest as a percent of operating profit is an strategic improvement as it stools investors comfort that even if operating margins come under pressure, the company would still be able to go its interest liabilities. champion quick way to analyse a companys performance is to look at the earnings per share pattern. The earnings per share had to a fault a change pattern similar to that of profit after tax. It first slackd from 31.4p in 2003 to 16.4p in 2004 before increasing to 21.4p in 2005. The 2005 increase in earnings per share highlights the improvement in performance. Though the profits did slack in 2004, BT kept on increasing fundamental dividend paid to shareholders. This shows the managements faith in business going forward and its ability to meet higher dividend expectations in prospective.The returns generated on assets is measured by Return on Capital employed (ROCE). extension II shows the tally of ROCE for BT. BT had a healthy ROCE of 19.0% and 20.7% in 2004 and 2005.The quality of returns is measured by their unity and by the spread of profits, i.e., the percent of profits being generated from different divisions and locations. The slight reliance of profits on any one division and/or location inwardn ess the company is in better shape to agree downturns in its markets.None of BTs business contributed more than 50% in its turnover in the year ended 31 March 2005 (BT, 2005). This indicates that BT grouping is reasonably well protected from the declines in a business line. The home is slightly different if we look at the operating profits where BT sweeping division contributes more than 50% of net operating profits. Any more margin pressures in this business could reduce future earnings. Most of BTs earnings originate from UK and accordingly it earnings are susceptible to changes in UK economy.Financial positionThe financial position of a company divvy ups its financial social organization, its assets and liabilities, its liquidity and bump management approach ( accountancy Standards 2004/2005). Appendix III gives the highlights of BT assorts balance sheet from 2004 to 2005. The total fixed assets have increased by 639m in the last year. While total fixed assets have increa sed, the total new assets have decreased by 254m, so total assets have increased by 385m. The lower increase in total assets as compared to increase in fixed assets is principally receivable to decrease in cash and investments.The major(ip) change in financial structure has occurred on the liabilities side. The total menstruation liabilities have gone up by 3,938m due to increase in electric current loans and borrowings of 3,227m. This shows that BT is financing such(prenominal) more of its assets from current borrowings.The massive increase in current loans and borrowings has reversed the net current assets (liabilities) position. BT had net current assets of 2,027m in 2004 and had net current liabilities of 2,165m in 2005, a net decrease in current assets of 4,192m.While the current liabilities have increased, the long term creditors have decreased by 4,335m. If we fitting look at long-term creditors, the reduction is impressive and it gives more trustfulness to the invest ors that company is in better financial position now. But when we approve the decrease in long term creditors with the increase in current liabilities, the net change is very less. And the fact that changes in current liabilities is mainly due to borrowing instead of increase in trade creditors means that the financing of assets has merely shifted from long term borrowings to short term borrowings.The current assets to current liabilities proportionality has declined from 1.24 to 0.83 in the last one year, a constrict of concern in terms of liquidity especially when the increase in liabilities is non mainly due to higher trade creditors.Debt to equity ratio indicates the financing of assets. BT had total debt of 13,697m in 2004 and the corresponding figure for 2005 was 12,589m, a decrease of 1,108m. If we now exclude cash and short term investments from total debt, BTs net debt was 8,425m and 7,786m in 2004 and 2005 respectively. The net debt to book apprize of equity ratio dec lined from 2.75 in 2004 to 2.02 in 2005. This means that debt finances almost twice assets as being financed by equity. Higher amount of money of debt results in lower charge average cost of capital as debt is cheaper equity. But as BT reduces more debt, its weighted average cost of capital will increase. The increase would be partially offset by lower cost of equity due to lower chances of bankruptcy.Risk of bankruptcy is measured by interest cover ratio which is defined as the ratio of cash available for interest payments to net interest. Appendix IV shows the EBITDA calculation and interest cover ratio. The interest cover ratio has increased from 6.1 in 2004 to 7.0 in 2005. The healthy interest cover ratio shows that BT has further reduced the risk of bankruptcy and is in better financial position now. The debt level is now very much within manageable levels and is more like a cash replete mature company.Companies normally tend to follow certain dividend trend to symptom mark et of their assessment of future earnings. Dividend declaration is as well part of risk management as it is based on managements assessment of future cash generation and expenditure expectations. The hike in dividend in 2004 and 2005 inspite of decline in profits in 2004 shows the management assessment of future low risks to cash time periods.Financial AdaptabilityAn entitys financial adaptability is its ability to output effective action to alter the amount and timing of its cash go downs so that it batch respond to unexpected needs or opportunities (Accounting Standards 2004/2005, page 26). Appendix V shows the main elements of consolidated cash flow arguing of BT Group. BT Group is generating high amounts of cash inflow from operating activities. During the year ended 31 March 2005, the company generated 5,900m of net cash from operating activities. BT is in telecommunication business which demands relatively high level of absolute investments. It spent 2,408m on capital ex penditure during the year ended 31 March 2005. even if we believe that all of capital expenditure was required under normal operations, BT was still left with 2,282m of surplus cash in 2005.As we canful see from the Appendix III that BT has now focused on refund of loans. During the last three years, the company has reduced borrowings by 7,395m. Though BT is able to generate significant amount of cash before disposals but that was not enough in 2003 and 2004 to repay loans. The company therefore sold some of its investments to generate cash for loan repayments.BT also pays a significant amount of dividend to its shareholders. So if its net cash from operations do decrease in future, it has still some buffer in terms of dividend payments to take apportion of loan repayments.B)The objective of financial statement is to provide information close to the make-uping entitys financial performance and financial position that is recyclable to a wide range of users for assessing the st ewardship of the entitys management and for making sparing decisions (Accounting Standards, 2004, page 22).The compliance of an entitys financial reports with UKs Accounting Standards can be gauged over two main areas content and format. Content is of import to give lawful and correct picture of a firms financial performance and position. Different users need different information. Financial statements are used by investors to base their investment decision. So it is authoritative that financial statements have the right content to help achieve this goal. It is also essential to have right format of presentation. Investors are more likely to life comfortable if they see familiar presentation style and can then evaluate the company easily.We will look at the content and major financial statements to see whether they comply with UK Accounting Standards. We will then also at few additional notes to financial statements to see whether they are also in line with true and fair princ iple and give the readers a clear picture of the entity.First of all we compare profit and loss statement with federal official 3 Reporting financial performance. BTs consolidated profit and loss statement clearly shows the total turnover and share from joint venture and associates, and in doing so gives more clarity of its earning base.The financial statement format is similar to the example formats shown in Accounting Standards 2004/2005. BTs 2005 yearbook Report however doesnt show share of turnover and profits from discounted operations (BT, 2005). It is because BT didnt sell any business in 2005. If we look at the 2002 yearly Report (BT, 2002), it shows the turnover and profits from discounted operations also.The financial statement also has statement of total recognize gains and losses in line with FRS 3 practices. So the accounts meet profit and loss statement UK Accounting Standards in terms of both content and format.We now compare BTs cash flow statement with the format prescribed in FRS 1 Cash flow statements. BTs cash flow statement has not only got all the headings but they are also in the same order as mentioned in FRS 1. BT report also gives sub-categories under the major headings and hence is a genuine effort to educate investors as much as possible on the generation and use of cash flows. BT cash flow statement uses the format prescribed for the Group accounts. The notes to financial statement also has enlarge reporting on reconciliation of operating profit to operating cash flows, analysis of net debt, science and disposals in line with formats for the Group accounts.The next section we analyse is on segmental reporting and sort out its comparability with SSAP 25 Segmental Reporting. SSAP 25 says that a public limited company should provide segmental analysis on lines of business class and geographical location. The notes to financial statement section in the 2005 one-year Report has a section on segmental reporting wherein BT shows th e turnover, operating profit/(loss) and net assets/(liabilities) of different business lines. It also provides the above data based on the geographical location of reverse generation. The above meets SSAP 25 requirements and also helps investors make a better judgment of risks faced by BT.BT is in telecommunication business where technology change is rapid. BT has acquired many companies in recent years to keep pace with the technological developments. So it is important to analyse the acquisition policies and disclosures are in line with the UK Accounting Standards. FRS 6 Acquisitions and Mergers and FRS 7 Fair values in acquisition accounting govern the acquisition accounting policies. BTs annual report under Notes to financial statements gives detailed disclosure of total and fair value of the acquisitions made by it. BTs financial statements not only give the book and fair value of acquisitions but also a detailed explanation of them for each acquisition.The clear and easy to un derstand format of financial statements and the depth of information in them signals that BT not only just do the minimum to meet UK Accounting Standards but also follows them in true spirit.Appendix I Highlight of BT Groups profit and loss accounts(Source BT yearbook Report and Form 20-F http//www.btplc.com/Sharesandperformance/Howwehavedone/Financialreports/yearlyreports/AnnualReports.htm)Appendix II ROCE of BT Group(Source BT Annual Report and Form 20-F http//www.btplc.com/Sharesandperformance/Howwehavedone/Financialreports/Annualreports/AnnualReports.htm) Appendix III Highlight of BT Groups balance sheet(Source BT Annual Report and Form 20-F http//www.btplc.com/Sharesandperformance/Howwehavedone/Financialreports/Annualreports/AnnualReports.htm)Appendix IV Interest cover ratio(Source BT Annual Report and Form 20-F http//www.btplc.com/Sharesandperformance/Howwehavedone/Financialreports/Annualreports/AnnualReports.htm)Appendix V Highlight of BT Groups cash flow statements(Sou rce BT Annual Report and Form 20-F http//www.btplc.com/Sharesandperformance/Howwehavedone/Financialreports/Annualreports/AnnualReports.htm)Bibliography and referencesAccounting Standards 2004/2005 Extant at 30 April 2004 (2004) Wolters Kluwer (UK) Limited.BT (2005) BT Annual Report and Form 20-F for the year ended 31 March 2005 http//www.btplc.com/Sharesandperformance/Howwehavedone/Financialreports/Annualreports/AnnualReports.htmBT (2002) BT Annual Report and Form 20-F for the year ended 31 March 2002http//www.btplc.com/Sharesandperformance/Howwehavedone/Financialreports/Annualreports/Annualreportsarchive.htm

Principles of Marketing | Dissertation

Principles of securities indus enterprise DissertationDefinition of merchandisingMarketing is part of both of our lives and touches us in or so substance every day. Most plenty think that change is altogether round the advertising and/or personalisedized interchange of goods and processs. Advertising and interchange, however, be just two of the many commercialise activities.In general, merchandise activities atomic number 18 on the whole those associated with identifying the particular pauperizations and need of a emollient touch grocery of nodes, and then going about delicious those customers recrudesce than the competitors. This involves doing market research on customers, analyzing their needs, and then making strategic decisions about produce rule, pricing, forward motion and distrisolelyion.Philip Kotler says, Marketing is managing profit open customer relationships. The twofold destination of market is to attract new customers by promisin g superior economic cheer and to keep and grow true customers by owning satisfaction.Broadly defined, exchange is a affable and man termrial process by which individuals and groups obtain what they need and want through creating and ex ever-changing judge with others. Narrowly defined market involves construction paying, set-laden put back relationships with customers.In short, it has been defined as the process by which companies crap time value for customers and urinate strong customer relationships in order to capture value from customers in return.The new definition given by Ameri screwing Marketing Association reads, Marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging oblations that maintain value for customers, clients, partners, and society at large.The market processCreate value for customers and build customer relationships take hold of value from customers in returnIn the inaugural tetra d steps, companies live to understand consumers, create customer value and build strong customer relationships. In the final step, companies reap the rewards of creating superior customer value. By creating value for customers, they in turn capture value from customers in the form of sales, lolly and long full term customer equity.Core fancys of tradeTarget Markets and partitionA marketer bath r atomic number 18ly satisfy everyone in a market. Everyone in the market has distinguishable taste, likeliness, income and outgo habit. Not everyone likes the same well-to-do drink, automobile, college, and movie. Therefore, marketers start with market shareation. They identify and profile distinct groups of buyers who talent prefer or require variegateing simple machinerefours and market mixes. Market segments can be identified by examining demographic, psychographic, and behavioral differences among buyers. The crocked then decides which segments present the superior oppor tunitywhose needs the firm can meet in a superior fashion. The lucrative segment/s argon selected or puted for offering/selling the ingathering. For each elect tail market, the firm shoots a market offering. The offering is positioned in the minds of the stern buyers as delivering some central benefit(s). For example, Volvo develops its cars for the target market of buyers for whom auto- mobile safety is a study veneration. Volvo, therefore, positions its car as the safest car a customer can buy.Customer Needs, Wants and DemandsNeeds are the rudimentary human requirements. People need sustenance, air, water, clothing, and shelter to survive. People withal bemuse strong needs for creation, education, and entertainment.The above needs become wants when they are directed to particular(prenominal) objects that might satisfy the need. An American needs food but whitethorn want a hamburger, French fries, and a soft drink. A person in Mauritius needs food but may want a mango, rice, lentils, and beans. Wants are shaped by ones society.Demands are wants for specific products backed by an ability to pay. Many people want a Mercedes only a few are able to buy one. Companies moldiness(prenominal)iness(prenominal) measure non only how many people want their product but also how many would genuinely be forgeting and able to buy it.Product or OfferingCustomers needs and wants are action through a marketing offer or product. A product is any offering that can satisfy a need or want, much(prenominal)(prenominal) as one of the 10 basic offerings of goods, services, experiences, events, persons, places, properties, organizations, information, and judgmentions.A stigmatise is an offering from a known source. A brand name such as McDonalds carries many associations in the minds of people hamburgers, fun, children, fast food, and golden arches. These associations assoil up the brand image. All companies strive to build a strong, halcyon brand image. cheer and SatisfactionIn terms of marketing, the product or offering will be successful if it delivers value and satisfaction to the target buyer. The buyer chooses amongst incompatible offerings on the basis of which is perceived to deliver the more or less value. We define value as a ratio between what the customer gets and what he gives. The customer gets benefits and assumes price, as shown in this equationestablish on this equation, the marketer can increase the value of the customer offering by (1) raising benefits, (2) reducing costs, (3) raising benefits and reducing costs, (4) raising benefits by to a greater extent than the raise in costs, or (5) mortifiedering benefits by little than the reduction in costs.Exchange and TransactionsExchange, the core of marketing, involves obtaining a coveted product from someone by offering something in return. For exchange probable to exist, louver conditions must be satisfiedThere are at least two parties.Each society has somethi ng that might be of value to the other companionship.Each party is capable of communication and delivery.Each party is free to accept or reject the exchange offer.Each party believes it is appropriate or desirable to deal with the other party.Whether exchange truely takes place depends upon whether the two parties can agree on terms that will leave them some(prenominal) kick downstairs off (or at least not worse off) than before. Exchange is a value-creating process because it normally leaves twain parties better off.Marketing MixMarketers use numerous tools to elicit the desired responses from their target markets. These tools constitute a marketing mix. Marketing mix is the set of marketing tools that the firm uses to pursue its marketing objectives in the target market. McCarthy houseified these tools into four broad groups that he called the four Ps of marketing Product, Price, Place, and Promotion.Robert Lauterborn suggested that the sellers four Ps correspond to the cust omers four Cs.Winning companies are those that meet customer needs economically and conveniently and with effective communication.Marketing Philosophies and ConceptsThere are five competing models under which organizations conduct marketing activities produc- tion plan, product concept, selling concept, marketing concept, and societal mar- keting concept.The Production ConceptThe production concept, one of the oldest in backing, holds that consumers prefer products that are widely available and inexpensive. Managers of production-oriented caperes concentrate on achieving high production efficiency, low costs, and mass distribution. This orientation takes sense in developing countries, where consumers are more interested in obtaining the product than in its features. It is also used when a troupe wants to expand the market. Texas Instruments is a leading exponent of this concept. It concentrates on building production volume and upgrading technology in order to bring costs down, leading to lower termss and expansion of the market. This orientation has also been a hand out dodge of many Japanese companies.The Product ConceptOther businesses are guided by the product concept, which holds that consumers favor those products that offer the most quality, performance, or innovative features. Managers in these organizations focus on making superior products and modify them everyplace time, assuming that buyers can appraise quality and performance.Product-oriented companies a great deal purpose their products with little or no customer input, trusting that their engineers can design exceptional products. A General Motors executive said years agone How can the domain know what kind of car they want until they happen what is availablefi GM today asks customers what they value in a car and includes marketing people in the very developning stages of design.The Selling ConceptThe selling concept, another common business orientation, holds that consumers and bu sinesses, if left alone, will ordinarily not buy enough of the organizations products. The organization must, therefore, undertake an aggressive selling and promotion effort. This concept assumes that consumers must be coaxed into buying, so the companionship has a electric battery of selling and promotion tools to stimulate buying.The selling concept is practiced most aggressively with unsought goodsgoods that buyers normally do not think of buying, such as insurance and funeral plots. The selling concept is also practiced in the nonprofit area by fund-raisers, college admissions offices, and political parties.Most firms practice the selling concept when they dupe overcapacity. Their aim is to sell what they make rather than make what the market wants.The Marketing ConceptThe marketing concept, in the mid-1950s, challenges the three business orientations we just discussed. The marketing concept holds that the key to achieving organizational goals consists of the guild existence more effective than its competitors in creating, delivering, and communicating customer value to its chosen target markets.The marketing concept focuses on the needs of the buyer. Marketing is indifferent with the idea of acceptable the needs of the customer by pith of the product and the whole cluster of things associated with creating, delivering and finally consuming it.The marketing concept rests on four pillars target market, customer needs, integrated marketing, and profitability. The marketing concept takes an outside-in perspective. It starts with a well-defined market, focuses on customer needs, coordinates activities that be active customers, and produces profits by satisfying customers.The Societal Marketing Concept slightly have questioned whether the marketing concept is an appropriate philosophy in an age of milieual deterioration, option shortages, explosive creation growth, world hunger and poverty, and neglected social services. Are companies that successf ully satisfy consumer wants necessarily acting in the best, long-run interests of consumers and societyfi The marketing concept sidesteps the potential conflicts among consumer wants, consumer interests, and long-run societal welfare.Yet some firms and industries are criticized for satisfying consumer wants at societys expense. Such situations call for a new term that enlarges the marketing concept. We propose calling it the societal marketing concept, which holds that the organizations task is to determine the needs, wants, and interests of target markets and to deliver the desired satisfactions more effectively and efficiently than competitors in a trend that preserves or enhances the consumers and the societys well-being.The societal marketing concept calls upon marketers to build social and ethical considerations into their marketing practices. They must balance and juggle the oftentimes confiicting criteria of company profits, consumer want satisfaction, and public interest. Yet a number of companies have achieved notable sales and profit gains by adopting and practicing the societal marketing concept.Marketing vs. SellingOftentimes, marketing and sales are perceived interchangeably. But in actuality, these are two different things. Selling is a small put of the entire marketing scheme. Selling is the transaction where a product is transferred from the business owner to a buyer for a price. In contrast, marketing is a process that involves several steps ranging from the generation of a product idea to the delivery of that product to the customer.Even after delivery of the product to the customer, the marketing process traverses with direct communication with the customer to obtain feedback about the product. dough from satisfied customersTheodore Levitt of Harvard drew a perceptive contrast between the selling and marketing concepts Selling focuses on the needs of the seller marketing on the needs of the buyer. Selling is preoccupied with the sellers need to convert his product into hard cash marketing with the idea of satisfying the needs of the customer by means of the product and the whole cluster of things associated with creating, delivering and finally consuming it.The marketing concept rests on four pillars target market, customer needs, integrated marketing, and profitability. The selling concept takes an inside-out perspective. It starts with the factory, focuses on existing products, and calls for heavy selling and promoting to produce profitable sales. The marketing concept takes an outside-in perspective. It starts with a well-defined market, focuses on customer needs, coordinates activities that affect customers, and produces profits by satisfying customers.CHAPTER 2MARKETING ENVIRONMENTIn order to correctly identify opportunities and monitor threats, the company must begin with a thorough understanding of the marketing environment in which the firm operates. The marketing environment consists of all the actors an d forces outside marketing that affect the marketing managements ability to develop and maintain successful relationships with target customers.A companys marketing environment consists of the actors and forces outside marketing that affect marketing managements ability to develop and maintain successful relationships with its target customersImportanceThe marketing environment offers both opportunities and threatsChanges in the marketing environment often occur at a rapid pace.Marketers tend to be trend trackers and opportunity seekers.The company must use its marketing research and marketing intelligence systems to monitor the changing environment.A systematic scan of the environment admirers marketers to revise and adapt marketing strategies to meet new challenges and opportunities in the market place.The marketing environment is do up of a micro environmental and macro environment.The Companys MicroenvironmentThe micro environment consists of six forces (actors) close to the c ompany that affect its ability to serve its customersThe company itself (including various internal departments)Suppliers.Marketing channel firms (intermediaries)Customer markets.Competitors.Publics.The CompanyThe first actor is the company itself and the role it plays in the microenvironment.Top management is amenable for setting the companys mission, objectives, broad strategies, and policies.Marketing managers must make decisions within the parameters realized by top management.Marketing managers must also work most with other company departments. Areas such as finance, R D, purchasing, manufacturing, and accounting all produce better get outs when aligned by common objectives and goals.All departments must think consumer if the firm is to be successful.SuppliersSuppliers are firms and individuals that provide the resources needed by the company and its competitors to produce goods and services. They are an important link in the companys overall customer value delivery syst em.One consideration is to watch generate availability (such as supply shortages).Another point of concern is the observe of price trends of key inputs.Marketing IntermediariesMarketing intermediaries are firms that help the company to promote, sell, and distribute its goods to final buyers.Resellers are distribution channel firms that help the company find customers or make sales to them.These include wholesalers and retailers who buy and resell merchandise.Resellers often perform important functions more cheaply than the company can perform itself. Seeking and working with resellers, however, is not easy because of the power that some demand and use.Physical distribution firms help the company to stock and execute goods from their points of origin to their destinations. Examples would be warehouses (that store and hold dear goods before they move to the abutting destination).Marketing services agencies (such as marketing research firms, advertising agencies, media firms, etc. ) help the company target and promote its products to the right markets.Financial intermediaries (such as banks, realization companies, insurance companies, etc.) help finance transactions and insure against risks associated with buying and selling goods.CustomersThe company must study its customer markets closely because each market has its own special characteristics. These markets normally includeConsumer markets (individuals and households that buy goods and services for personal consumption).Business markets (buy goods and services for further processing or for use in their production process).Reseller markets (buy goods and services in order to resell them at a profit).political science markets (agencies that buy goods and services in order to produce public services or transfer them to those that need them).International markets (buyers of all types, including governments, in foreign countries).CompetitorsEvery company faces a wide range of competitors. A company must secure a strategic advantage over competitors to be successful in the marketplace. No single competitive strategy is best for all companies .PublicsA public is any group that has an actual or potential interest in or impact on an organizations ability to achieve its objectives. A company should prepare a marketing plan for all of its major publics as well as its customer markets.Generally, publics can be identified as beingFinancial publics.Media publics.Government publics.Citizen-action publics.Local publics.General public.Internal publics.The Companys MacroenvironmentThe macroenvironment consists of the larger societal forces that affect the microenvironmentdemographic.Economic.Natural.Technological. policy-making. paganThe company and all of the other actors operate in a larger macroenvironment of forces that shape opportunities and pose threats to the company. Major forces in the companys macroenvironment includeDemographic milieuDemography is the study of human populations in terms of size, density, location, age, sex, race, occupation, and other statistics. It is of major interest to marketers because it involves people, and people make up markets.Demographic trends are always changing. Some of the more interesting trends areThe worlds population (though not all countries) rate is growing at an explosive rate that will before long exceed food supply and ability to adequately service the population. The greatest danger is in the poorest countries where poverty contributes to the difficulties.The most important trend is the changing age structure of the population. Generational marketing is possible, however, caution must be used to avoid generational alienation.Changing family structureGeographic shifts in population will also alter demographics.Changing educational take In general, the population is become better educated. The work force is becoming more white-collar. Products such as books and education services appeal to groups by-line this trend. Te chnical skills (such as in computers) will be a must in the future.The final demographic trend is the increasing ethnic and racial diversity .Economic environsThe economic environment includes those factors that affect consumer buying power and spending patterns. Major economic trends includeChanges in incomepersonal consumption (along with personal debt) has gone up (1980s) and the 1990s brought recession that has caused adjustments both personally and corporately in this country. In the 2000s, consumers are more careful shoppers.Value marketing (trying to offer the consumer greater value for their dollar) is a very sound strategy in the 2000s. Real income is on the rise again but is being cautiously guarded by a value-conscious consumer.Income distribution is clam up very skewed in the United States and all classes have not shared in expandity. In addition, spending patterns show that food, housing, and transportation unbosom account for the majority of consumer dollars. It i s also of note that distribution of income has created a two-tiered market where there are those that are affluent and less affluent.Classes of consumers include stop number classspending patterns are not stirred by current economic events and who are a major market for luxury goods. center(a) classsomewhat careful about its spending but can still afford the good life some of the time.Working classmust stick close to the basics of food, clothing, and shelter and must try hard to save.Under class(persons on welfare and many retirees) must count their pennies when making even the most basic purchases.Changing consumer spending patternsConsider Engles Laws where differences were famed over a century ago by Ernst Engle regarding how people shift their spending across food, housing, transportation, health care, and other goods and service categories as family income rises. Spending patterns have generally supported his ideas.Marketers must carefully monitor economic changes so they wil l be able to prosper with the trend, not suffer from it.Natural EnvironmentThe rude(a) environment involves natural resources that are needed as inputs by marketers or that are affected by marketing activities. During the past two decades environmental concerns have steady grown. Some trend analysts labeled the 1990s as the Earth Decade, where tax shelter of the natural environment became a major ecumenic issue set about business and the public.Specific areas of concern wereShortages of raw materials. Staples such as air, water, and woodland products have been seriously damaged and non-renewable such as oil, coal, and various minerals have been seriously depleted during industrial expansion.Increased pollution is a worldwide problem. Industrial damage to the environment is very serious. Far-sighted companies are becoming environmentally friendly and are producing environmentally safe and recyclable or perishable goods. The public response to these companies is encouraging.Gove rnment intervention in natural resource management has caused environmental concerns to be more practical and necessary in business and industry. Leadership, not punishment, seems to be the best policy for long term results. Instead of opposing regulation, marketers should help develop solutions to the material and energy problems veneering the world.Concern for the natural environment has spawned the so-called green movement.Environmentally sustainable strategies and practices are being created.Companies are recognizing a link between a healthy economy and a healthy ecology.Technological EnvironmentThe scientific environment includes forces that create new technologies, creating new product and market opportunities. engine room is perhaps the most dramatic force shaping our destiny.New technologies create new markets and opportunities. Every new technology, however, replaces an older technology.The challenge is not only technical but also commercialto make practical, affordable v ersions of products.Political EnvironmentThe political environment includes laws, government agencies, and pressure groups that influence and line various organizations and individuals in a given society. Business is regulated by various forms of legislation.Governments develop public policy to guide commercesets of laws and regulations bound business for the good of society as a whole.Almost every marketing activity is subject to a wide range of laws and regulations.Some trends in the political environment includeIncreasing legislation to nurture companies from each other.Protecting consumers from unfair business practices.Protecting interests of society against huffy business behavior.Changing government agency enforcement. New laws and their enforcement will continue or increase.Increased emphasis on ethics and socially amenable actions. Socially responsible firms actively seek out ways to protect the long-run interests of their consumers and the environment.The recent rash o f business scandals and increased concerns about the environment have created fresh interest in the issues of ethics and social responsibility.The crush in e-commerce and Internet marketing has created a new set of social and ethical issues.Privacy issues are the primary concern.Another cyberspace concern is that of access by vulnerable or unauthorized groups.Cultural EnvironmentThe cultural environment is made up of institutions and other forces that affect societys basic determine, perceptions, and behaviors. Certain cultural characteristics can affect marketing decision-making. Among the most moral force cultural char- acterisitics arePersistence of cultural values. Peoples core beliefs and values have a high degree of persistence.Core beliefs and values are passed on from parents to children and are reinforced by schools, churches, business, and government.Secondary beliefs and values are more open to change.Shifts in secondary cultural values. Because secondary cultural value s and beliefs are open to change, marketers want to spot them and be able to capitalise on the change potential.The Yankelovich Monitor has identified eight major consumer themesParadox. authority not.Go it alone.Smarts really count.No sacrifices.Stress hard to beat.Reciprocity is the way to go.Me 2.Societys major cultural views are verbalised inPeoples views of themselves. People vary in their emphasis on serving themselves versus serving others..Peoples views of others. Observers have noted a shift from a me-society to a we-society. Consumers are spending more on products and services that will improve their lives rather than their image.Peoples views of organizations. People are willing to work for large organizations but expect them to become increasingly socially responsible. Many companies are linking themselves to worthwhile causes.Peoples views of society. This orientation influences consumption patterns. acquire American versus buying abroad is an issue that will continu e into the abutting decade.Peoples view of nature. There is a growing trend toward peoples feeling of bid over nature through technology and the belief that nature is bountiful. Nature, however, is finite. honor of nature and sports associated with nature are expected to be significant trends in the next several years.Peoples views of the universe. Studies of the origin of man, religion, and thought-provoking ad campaigns are on the rise. Spiritual individualism may be a new theme.Chapter 3Marketing segmentationMarket SegmentationIt is the process of dividing a market into distinct group of buyers who have distinct needs, characteristics or behavior and who might require separate product or marketing mixes.Market segmentA group of consumers who respond in a similar way to a given set of marketing efforts.For Example In the car market, consumers who want the biggest, most comfortable car regardless of the price make up one market segment. Consumers who care mainly about price and operating economy make up another segment.Requirements of Market SegmentsIn addition to having different needs, for segments to be practical they should be evaluated against the following criteriaidentifiable the differentiating attributes of the segments must be measurable so that they can be identified. convenient the segments must be reachable through communication and distribution channels. tangible the segments should be sufficiently large to justify the resources required to target them. whimsical needs to justify separate offerings, the segments must respond differently to the different marketing mixes.Durable the segments should be relatively stable to minimize the cost of frequent changes.A good market segmentation will result in segment members that are internally homogenous and externally assorted that is, as similar as possible within the segment, and as different as possible between segments.Bases for Segmentation in Consumer MarketsConsumer markets can be segmented o n the following customer characteristics.GeographicDemographicPsychographic behavioralGeographic SegmentationThe following are some examples of geographic variables often used in segmentation.Region by continent, country, state, or even similaritySize of metropolitan area segmented according to size of populationPopulation density often classified as urban, suburban, or pastoralClimate according to weather patterns common to certain geographic regionsDemographic SegmentationSome demographic segmentation variables includeAge genderFamily sizeFamily lifecycleGeneration baby-boomers, Generation X, etc.IncomeOccupationEducationEthnicityNationality worshipSocial classMany of these variables have standard categories for their values. For example, family lifecycle often is expressed as bachelor, married with no children (DINKS Double Income, No Kids), full-nest, empty-nest, or nongregarious survivor. Some of these categories have several stages, for example, full-nest I, II, or III depe nding on the age of the c

Multinational corporations

transnational corporations multinational corporations are logical argumentes that extend outside of their own rural, whether they are determined throughout the world or only in a bitstock other countries, they are considered multinational. The value adding activities which are owned by these companies are used to produce tangible goods or intangible services or the combination of both. There are m whatever reasons as to why dissolutes set about multinational and in that location are various strategies for a regular to require multinational.The immediate motives of the Firms good deal be to expand telephone line, to seek new marketplace, or for additional profits and revenues. It may carewise be to concentrate on the economics of denture that a larger international essential batch bring. The motive commode market seeking activities is soaked among strongs who produce slightly advantage related to engineering science or brand which gives them a matched advant age over domestic rival. Another reason for steadfasts to make multinationals is to inexpugnable key supplies. A secure and privileged access to inputs and/or scattering outlets and market access afford many firms especially those in manufacturing, to receive a competitive advantage over their less favoured rivals.A firm powerfulness excessively function multinational to have access to broken greet factors of increaseion. Factors of issue like labour is a major(ip) monetary value factor in Europe and US and gives a competitive detriment compared to imports. So firms depose offshore fruition to the host countries and blend in competitive. broken cost capital through government subsidies is also a strong force to become a MNC.The discussed factors have been well captured in product cycle theory developed by Professor Raymond Vernon. The theory suggests that the rootage phase places with product development and innovation in home untaught as to maintain close linkag e amid research and production as well as the assumption that similar demand pull up stakes be created in other similar market. The second power point assumes the product to be matured and production standardized as well as good demand from other market and an essential form of revenues from the new business. Also, Competitors will observe the growing demand and try to establish themselves in the markets by setting up production in the importing country and befitting a MNC rather than an exporter. Finally in the last stage many competitors enter the market and focus is more on cost and resource seeking activities.The above discussed factors are traditional motives and the theory lost its power in 80s itself as the business environment became more complex. In the emerging motives the above forces that originally triggered firm to become a MNC became secondary. change magnitude Scale of economies, RD investments and shortening product breeding cycles were not the choices for a firm to become MNC but rather a prerequisite for companies to survive in the business environment. Now the major motive for a firm to become a MNC is to capitalize on competitive positioning in quadruplex markets and leverage global information access.The above motives are purely unstable and opportunistic to the proactive business decision which sees international markets as major strategic opportunity. The decisions to become a MNC substructure be purely defensive, for model as a reaction to pressures in domestic markets. Overseas demand can military service to offset seasonal or cyclical downturns in domestic demand. It can also be that the domestic market has become saturated or the product is coming to the end of its domestic life cycle.The above discussed motives are sagacious, logical and in that respect are strategies used to become a MNC but on other hand the motive of firm to expand might be in-person ego of managers and also for personal monetary benefit of busin ess managers who want to expand at any cost as the salary might be attached to the chroma of the business. These irrational motives create principal agent problem in the future. Having explored why the firms become MNCs we now look at how firms become MNC. The prerequisites for being an MNC might be to have a distinctive competency to overcome the liability of hostileness and the firm must also have some organizational talent to operate in the global market. Moreover, the host country should also provide some location specific advantages so that the firm have strong reasons to invest there. These prerequisites are precise important as they help to define the strategic options available to compete worldwide.The process of firm becoming a MNC starts with a combination of developing strategies, rational analysis and opportunism. few firms may fol dispirited an internationalization model which was developed by Swedish academics from Uppsala. The model describes how a firm enters a unlike market and gains market knowledge by means of commitment of resources and how it gradually develops local capability and market knowledge to become an effective competitor in foreign market through several investment cycles.The firms may use the eclecticist paradigm and transaction cost analysis approach which explains the extent, form and class of international production and how it is founded on juxtaposition of the ownership specific advantages of firms contemplating foreign production, the propensity to internalise the cross border markets for these and the attractions of the foreign market for production (Dunning, 1988). So the entry decision is taken in a rational manner based on the costs of transactions.The firms may also take aim to enter the international market by low commitment and low control mode such as by export or subcontracting. Exporting is treating goods and services from one country to some other. Exporting can be direct and indirect. Direct exp orting can be do through agents and distributors. Direct exporting helps to proactively enter the foreign market. Indirect exporting can be done by export houses and confirming houses who are just the intermediaries. There are many contractual forms for international business like management contracts, Turnkey operations, manufacturing contracts, etc. Licensing and franchising can also be an option for a firm to become a MNC. Licensing means there is an conformity that one party can utilise or sell intellectual property in return for compensation. The problem with licensing is that there is a risk of leak of knowledge and intellectual property and after the licensing agreement is over the partner can become a powerful competitor. Franchising which is also a form of licensing, gives certain rights to do business in a prescribed manner to other party in return for royalties or fees. Franchising can take form of manufacture- retailer immunity or wholesaler-retailer franchise and hav e similar risks that of licensing. There has been a tremendous growth in franchising especially in US AND UK.If the firm wants to penetrate deep in the market and wants fuller involvement and control, the firm can go for a joint venture or foreign direct investment (FDI). control stick venture which is a collaboration of 2 or more parties can be contractual or equity based. It has the means to overcome restrictions on foreign investments or imports. Firms have to share costs and/or technology and the shared approach permits economies of scale and a potential to enter market. some(prenominal) joint ventures are formed but the true reason behind it is FDI. FDI might also face problems of disagreements over strategic direction, managerial functions or use of appropriate profits. Cultural difference can also be a major barrier in the joint venture. FDI which is a very high risk strategy can be explained as the governing body or acquisition of income generating assets in the host cou ntry over which the expend firm has control. It involves either taking control over established business in overseas market or developing a make out made business operation. FDI can be broadly classified into two types, outward FDIs and inward FDIs. This classification is based on the types of restrictions imposed, and the various prerequisites essential for these investments. The reasons for considering FDI are tariff quotas, tax breaks,grants, subsidies, and the removal of restrictions and limitations. Before opting for FDI a firm might also consider countertrade which is described as the most important trend in international business of emerging economies. It involves an agreement between two parties to pay in goods and services. There are many types of countertrade like barter, clearing agreement, compensation, etc. countertrade can open up trade where there are strict exchange controls or where the countries faces shortage of currency. In mop up companies can become MNC by gradually moving up the scale from exporting and licensing to high commitment foreign direct investment. Some firms can directly adopt the high commitment strategy due to the maturity of market. In short, none of the approaches are necessarily right or malign but should be consistent with the overall strategic intentions and motivations of the firm. The firms can start with one option and then by experience move towards another in light of degree of commitment and risk involved, set against the train of control and closeness to market. Dunning, J.H. 1989. Multinational Enterprises and the Growth of Services. The Service Industries Journal,9. Bartlett, C.A. et al. 2006. Transactional Management. United States McGraw- Hill.Whitelock. J. 2002. Theories on internationalization and their impact on market entry. International marketing review,19 Bellak.C. 1994. How internal And Foreign Firms Differ And Why Does It Matter?. Journal of Economic Surveys. 18.D. Laughton. 1995. How firms internationalise their operations in B. Dawes, International Business A European Perspective. Godiwalla,Y.H. 1986. Multinational Planning- Developing A Global Approach. Long Range Planning, 19.

Social Psychology: Concepts and Research

mixer psychology Concepts and ResearchSophia Ashraf mixer Psychology AssignmentAt dates pack and congregations resort to forbid, cruel and even homicidal behaviour. Drawing upon contemporary or historical examples analyse whether this behaviour is influenced more by hearty military press/structure or by manything more in somebody sinister or selfish.Social psychologists curb devoted extensive interest in canvass the attitudes, livelinessings and behaviours of clement beings. They run through come up with mevery explanations for both facilitative and aggressive benevolent behaviours. Philosophers explain these differences in ground of human nature. For instance, Rousseau believes valet de chambre ar innately peaceful creatures. Therefore, anti-social behaviours ar a consequence of wider social and geomorphological concomitantors. In contrast, Thomas Hobbes believes humans ar born condemnable and argon predisposed to miserableity. Over all, history is fill ed with numerous examples of altruistic behaviours. whiz such example is of Oskar Schindler, who risked his life and saved over 4,000 Jews during the Holocaust. Equally, history has in addition witnessed inhumane atrocities which h antiquated the My Lai Massacre in Vietnam in the 1960s and the Rwanda and Bosnia genocides of the 1990s (Hogg Cooper, 2007 Hogg Vaughan, 2014).Social psychologists have offered numerous explanations that influence the behaviours, attitudes and perceptions of people, in action horrendous shames against humanity. These include social pressures ilk union and obedience, and too somebody soulfulnessality traits such as possessing an evil, sadistic and psychopathic character. In this essay, I will use examples of historical and contemporary atrocities, social psychological studies and a priori concepts to explain the reasons behind why certain individuals and groups commit negative, cruel and murderous behaviours. In doing so, I will analyse wheth er this behaviour is influenced more by social pressure/structure or by something more personally sinister or selfish (ibid).Social psychologists identify obedience as a major social influence on human behaviour. This is because it involves attending the orders of opposite living beings. Psychologists have found obedience to have both a positive and negative impact on human behaviour. For example, it prevents chaos in everyday life as people ar socialised to obey uprightnesss such as traffic lights, and do so even with emerge the posture of an sureness figure. Alternatively, obedience has as well as proven destructive as umpteen people have blindly obeyed the orders of an authority figure without thinking of the consequences of their actions. Social psychologist Stanley Milgram (1963, 1974) was highly interested in the effects of obedience on human behaviour, and in detail(prenominal) whether an individual would detect the commands of an authority figure if it conglomera te scatheing an early(a) living being (Aronson et al, 2013 Hogg Vaughan, 2014).In 1963, Milgram carried out a famous ground-breaking essay on obedience to authority at Yale University. He recruited around forty vocalisationicipants from the community via an advertisement, to participate in a believe that tested the effects of punishment on learning. The experiment consisted of three roles which include an experimenter who was a man dressed in a white laboratory coat, a t all(prenominal)er whose role was always caprioleed by the participants, and a savant named Mr Wallace who was actually a confederate of the queryer. All participants were take into accountd with a reverse generating machine which had thirty levers in total and ranged from 15 to 450 volts. Participants were also effrontery a sample shock of 45 volts before the experiment commenced. As part of the study, Mr Wallace had to learn a set of pair associates, whereas the teacher was inevitable to administer ga lvanizing shocks progressively to the learner each time they gave an wrong answer (ibid).During the experiment, the learner made some correct and incorrect responses. Whenever the learner received a shock for an incorrect response, he would cry and drunken revelry in pain and often demanded to be released from the experiment. Consequently, this made participants feel agitate and want to withdraw from the research. In response, the experimenter would reply with a series of leave coercive severalisements such as the experiment requires that you continue, and you have no separate choice, you essential go on. (Hogg Vaughan, 2014 242). Milgrams initial assurance was that his participants would refuse to follow orders that involved harming a nonher individual. However, he was extremely ball over when his essences revealed that 65% of his participants continued administering electric shocks till the very end. This study illustrates the devastate impact of obedience, a social pr essure which induces ordinary people to perpetrate damaging acts against poverty-stricken dupes (Hogg Vaughan, 2014 Helm Morelli, 1979).Milgrams experiment has received huge advocate from numerous researchers such as Hofling et al, 1966 who found that nurses also obeyed touchs orders to administer what they knew were harmfully incorrect doses of drugs to their patients. Milgrams study has also received substantial criticism for its ethical concerns. Firstly unkn bear to the participants, the learner was actually a confederate who did not receive any electric shocks doneout the study. Secondly, Milgrams participants were not provided with a fully informed bear and right to withdraw. This is because the experimenter verbally prodded them to continue during the experiment. His participants were also deceived about the true aims of the study, as Milgram was actually investigating the effects of obedience to authority on human behaviour. Milgrams findings also lack commandisati on to the wider population. This is because the study involved young-begetting(prenominal) participants and was conducted in a laboratory setting which does not reflect strong life stakes (ibid).Many historical and contemporary offenses have been committed in the name of obedience to authority. These include historic atrocities witnessed during World War II and the national socialist era, and also contemporary atrocities such as those which have been witnessed in Iraq, Afghanistan and Syria. In all of these horrific events, the perpetrators have claimed to be sp be-time occupation orders. For instance, the Nazi official Adolf Eichmann who was held responsible for the death of vi million Jews claimed he was pastime and implementing Hitlers orders. Eichmanns trial was covered by the journalist Hannah Arendt (1963) in her book Eichmann in Jerusalem A report on the banality of evil. Like Milgram, Arendt was also interested in what made Eichmann and other war sads commit such dev astating crimes against humanity (Aronson et al, 2013 Hogg Vaughan, 2014). within her book, Arendt reveals a shocking finding and asserts that these monsters whitethorn not have been monsters at all. They were often mild-mannered, softly spoken, courteous people who repeatedly and politely explained that they did what they did not because they hated Jews (or Muslims etc.) simply because- they were simply obeying orders (Hogg Vaughan, 2014 240). Here, Arendt illustrates the importance of structural explanations, in particular obedience which a form of social influence that predisposes war time criminals to commit negative, cruel and murderous behaviours. Nevertheless, this structural explanation has been criticised for ignoring the very fact that an individuals pathological personality and a groups cultural norms, may also make them more vulnerable to anti-social and murderous behaviours (Aronson et al, 2013 Hogg Vaughan, 2014).To explain a perpetrators negative human behaviour , Milgram makes reference to the terms the festerntic state which denotes absolute obedience. He claims that within the agentic state people distinguish themselves as mere instruments obeying the commands of an authority figure. As a result, individuals experience a diffusion of responsibility for their actions. This is because they transfer personal responsibility onto the authority figure. For this reason, Milgram believes that the agentic state can be used to explain the behaviour of perpetrators, who claim they ar not liable for their actions as they were simply following orders. Moreover, even the threat of punishment for disobedience can force many people and groups to perform criminal behaviours against their receive wish. However, it must be noted that not everyone obeys the commands of an authority figure, and many people do display resistance to commands that go against their own beliefs (ibid).Social psychologists have also place conformity as some other major socia l influence on human behaviour. It is de bewitchingd as a litigate in which the individual changes their attitudes and behaviours in accordance with the groups views. Psychologists have identified both types of conformity. These ar informational and normative social influence. Firstly, informational influence is a type of conformity where the individual relies on information, experience and opinions of others as shew about reality. Secondly, normative social influence is a type of conformity which is heavily based on others expectations. Here, the individual conforms because they feel a need to gain acceptance and social approval from their group. They also want to avoid feeling socially ostracised. In throw of conformity pressures Mark Twain asserts, we are discreet sheep we wait to see how the brood is going and then go with the drove (cited in Kassin et al, 2008 221). This quote shows how susceptible and compliant people can be as a result of numerous group pressures (Aro nson et al, 2013 Kassin et al, 2008).The famous psychologist Philip Zim restraintdo was highly interested in catch the downside of conformity, and coined the concept The Lucifer Effect to describe how good people overturn evil. In 1971, he conducted a famous study named the Stanford Prison Experiment, where paid volunteers were randomly assigned to the role of either a prisoner or a guard. The prisoners were arrested from their house, and were taken to a prison which consisted of bare necessities. Their possessions were removed from them and they were provided with a alike and a unique ID upshot. Alternatively, the guards were also given(p) a uniform to wear, along with items such as clubs and whistles which were symbolic of their authority. All prisoners were required to follow a set of fixed rules otherwise they risked receiving severe punishment (Baron and Branscombe, 2012 Meyers, 2008 Zimbardo, 2007). in spite of appearance the experiment, Zimbardo played the role of a pri son warden who was interested in notice the reactions of his participants. He also wanted to know whether his participants would conform to the norms and requirements of their roles and whether they would behave like genuine prisoners and guards. Zimbardo found that the prisoners were rebellious at premier(prenominal) but, then by and by became passive whereas, the guards grew more and more brutal and sadistic in their character. This was seen in the manner in which they harassed and dehumanised prisoners. Zimbardo found that these changes in behaviour were so upset that it became necessary to end the study after six days, when initial plans called for it to last two weeks. fit in to the individual explanation of crime and deviance, such inhumane behaviours may be attributed to individual factors such as a genetic predis bewilder to criminality (ibid).In opposition to the individualistic explanation, Zimbardo (2007) adopts a structural perspective to explain his findings. He postulates that a person inclination to conform to the norms of their social roles such as that of a spend or prison guard can have harmful consequences, as they may make decent people perform indecent behaviours against members of their own species. A real life parallel to the Stanford Prison experiment is the disturbing events of the Abu Ghraib prison which started in Iraq in 2003. In this horrific event, American soldiers physically cryd Iraqi prisoners as they perceived them to be less than human. According to the individualistic explanation, these horrific atrocities are attributed to individual deficiencies and limitations. For instance, people who are designate psychopaths, sadists, and evil creatures are more vulnerable to behave inhumanely with innocent people than psychologically normal people (Aronson et al, 2013 Baron and Branscombe, 2012 Keller, 2006).In parity to the Nazi Holocaust, the historian Daniel Goldhagen argues that many German citizens were willing anti-S emitic participants in the Holocaust, not mere ordinary people forced to follow orders (Kassin et al, 2008 243). Therefore, it may well be argued that the Germans had a character defect and were prejudiced and pathologically frustrated individuals. These factors influenced them to behave with cruelty towards others. On the other hand, developmental psychologists argue that anti-social and aggressive personality disorders can also predispose individuals to resort to criminal behaviours. For example,Adorno et al, 1950 adopts a psychodynamic framework and argues that early tikehood rearing practices that are acrimonious and authoritarian produce individuals who are obsessed by authority and are more likely to be hostile and aggressive towards other people. This provides support for the claim that personality factors cause individuals to behave in a negative and cruel manner towards others (Aronson et al, 2013 Hogg Cooper, 2007 Kassin et al, 2008).In conclusion, social influence has proved to be a fundamental area of inquiry for social psychologists who judge to explain the numerous influences on human behaviour. Psychologists argue that people and groups are subject to powerful and complex social pressures. These may originate from people, groups and institutions. Social psychologists explain violent and anti-social human behaviours as being either attributed to the individual, situation or system. Social psychologists have identified conformity and obedience to play an important role in influencing human behaviour. They have also identified individual factors such as a genetic pre lean to crime and also personality attributes such as a possessing a selfish, sinister and authoritarian personality to predispose people to behave criminally. There are also other factors that may shape. These include prejudice, discrimination and a mathematical group ideology which may predispose people and groups to behave inhumanely with others. Overall, research on crime and deviance have revealed that it is highly complex to date whether negative, cruel and murderous human behaviours are due to social/structural pressures or individual factors or a combination of both. stimulateual Offences propel 2003 An Analysis informal Offences trifle 2003 An AnalysisThe questions as posed raises a number of issues concerning the interplay amid child and youth innerity and the criminal law that is not readily resolved. The question shall be addressed using the following analytical approach that is intended to be considered progressively, commencing with the identification of the specific viands of the Sexual Offences Act that demand the greatest scrutiny in when considering the interests of children.The outline then explores the implications of the key terms employed in the question and how each may be interpreted in light of the Sexual Offences Act provisions children, protection, familiar poke fun, legitimate knowledgeable behaviour, and mistake are hi ghlighted. The face over-criminalise is afforded a distinct consideration in view of the breadth of the potential drop inner acts that might be prosecuted pursuant to the Act, coupled with the potential pull ahead of both police and prosecutorial discretion in these proceeding.The analysis includes the review and comprehension of relevant academic commentaries that consider the issues noted above the paper concludes with the presumption that while the Sexual Offences Act is an imperfect mechanism upon which to construct a protective scheme for children who are exploited or otherwise the victim of nonconsensual informal activeness, the current statute represents a legislative scheme that is clear rooted in the public interest and one that addresses a number of important societal issues.The Sexual Offences Act, 2003The Act provides for the regulation of a coarse range of defined types of sexual misconduct. Commencing with s. 5 (Rape of a child), the enumerated Child Sex Offe nces provisions that are set out at sections 9 through 19 define the age limits applicable to establishing evidence of the various enumerated offences. sectionalization 10 (Inciting a child to sexual natural process) is an example of the age exposition employed in all of the Child Sex Offences A person age 18 or over (A) commits an offence ifhe purposely causes or incites another person (B) to utilize in an activitythe activity is sexual, and Either (i) B is under 16 and A does not evenhandedly believe that B is 16 or over, or (ii) B is under 13Various acts of sexual touching are criminalised the offence of dressing (s.15) is noteworthy in that the proof of the offence does not require proof of any physical allude directed by the perpetrator to the child victim to establish criminal liability for a sexual offence. The educate provisions are primarily directed to Internet based contacts (such as by way of Internet chat rooms) or mobile band media, such as text messaging be tween adults and children as defined. Commentators have suggested that applying the educate clause in practice is highly problematic given the difficulty of demonstrating sexual intent towards a child(previous case law) illustrates the cessation to which some sex wrongdoers are prepared to go to secure a child for sexual activity and the overt manner in which grooming occurred.The penalization provisions of the Act generally invite one of two types of dispositions. For the more serious offences such as rape, the maximum penalty is 14 classs in prison for the lesser offences the maximum penalty is a 5 year term. Subject to the renderings contained in each section, most offences are also capable of prosecution by summary means and a gibe maximum penalty of 6 months in prison, or fine in the alternative. These provisions are considered in the context of the suggested over-criminalisation, below.Key speech communicationAs noted in the introduction, five words and phrases extract ed from the question are employed to advance the present analysis.ChildrenIt is submitted that while the definition of child may be variable and highly dependent upon the context of any particular sexual circumstance, the age parameters set out in the Act are generally hold for the following reasons.While a child aged 13 or under may have the physical maturity and the emotional desire to engage in sexual activity (this varies significantly from person to person), in that respect is strong academic support for the proposition that a young person of this age will generally lack the taste of the consequences of sexual activity, coupled with a lack of emotional maturity to inevitably deal with the activity in a safe and socially pleasing manner.Further when children are provided with the opportunity to use the Internet to make contact with virtual strangers, one countywide study revealed that over 60 per centum of a sampling of London children aged 10 to 13 had hold understand ing of the extent to which others could potentially harm them if they were not discreet concerning their personal identifiers or if they agreed to meet someone they did not personally know.In many respects the statutory definition may be regarded as a societal approximation. For any critic of the Act who believes that the age bar is set to high, particularly with regard to the 13 to 16 year old age range that involves the additional consideration of the concept of honest and sightly mistake as to age, there are significant segments of modern UK high orderliness that define a child not simply by their biologic age but in terms of their status as members of the family household, or as unmarried persons.Without stereotyping a particular group, the conservative elements of Christian, Muslim, and Jewish faiths all hold strong cultural / religious views that would place the definition of a child above age 13, or above age 16 where the mistake defences are invoked.An anomaly in the leg islation is the disparity between the general age of majority laws in the UK and the sexual offence age provisions in some passel, a person can have consensual sexual intercourse at age 16 but be prohibited from voting, consuming alcohol, or entering into most kinds of contracts. The excuse for this anomaly is beyond the scope of this paper it is acknowledged that a greater measure of uniformity of age limits promotes consistency and social utility. However, it is also to be noted that the provisions are in general accord with the corresponding European Union conventions.ProtectionIt is submitted that one may properly be uneasy when significant consideration is given to concepts of protection when the conduct, such as sexual activity, is generally discovered after the fact. The protection afforded the public is that of the have effects of publicity concerning the provisions and deterrence associated with the criminal process.Sexual abuseThe Act has properly defined a broad range of sexual touching and physical contact as potentially constituting sexual abuse. The definition must be broad to encompass the psychological and emotional harm that can (but not always does) stem from any kind of assaultive behaviour, no matter how seemingly minor. Further, the risk of long term disability in such occurrences is well documented More convincing evidence of the dangers of adult-child sexual activity comes from studies of cycles of sexual abuse The evidence is much stronger here-penetrative sexual acts by certain sorts of adults are virtually universal in paedophiles childhood. Cramer reviewed numerous academic studies in this respect and concluded that it is not surprising that no measurable harm comes to some teenagers who knowingly consent to an involvement with adults barely a few years older than themselves. In some communities with antithetical laws, they might be old enough to be free to engage in sexual relations. ..However, this does not mean that all ad ult-young person sexual relations are invariably non-damaging-or that it is possible to predict harmless ones with any confidence.The question as posed carries the implicit suggestion that sexual activity involving a consenting child (consent as defined in the Act) is not a risk to the child. Cramer properly identifies the fact that harm is a ample variable for the reasons noted above.Further, all considerations of what is abusive behaviour deserving of societal sanction and what is acceptable will engage a number of varied perspectives. As mentioned with respect to the definition of a child, the cultural and moral position of the child and their family may be a significant factor in how the activity is characterised. Biological, emotional and psychological considerations are also at stake. granted the passage of the Act by the UK Parliament, there must be some measure of societal acceptance of the statutory regime as one that properly reflects UK societal concerns regarding this activity.Over-criminaliseThis term must be approached from two perspectives. The first is the effect of the statutory penalty sections. These provisions on their face provide significant latitude for a sentencing judge to fashion a disposition that meets the demands of each case. One would expect the cardinal sentencing rule of flog offence, worst offender to draw the sentences approaching what is unquestionably a significant penalty of 14 years for rape rape is equally a dire offence. It is also clear that the mitigating factors of a positive relationship between the offender and child, relative age disparity, and similar issues must mitigate in the party favour of the offender.The concern expressed for over-criminalisation is addressed at least in part through the power to deal with the extremely minor transgressions of this nature by way of the qualified caution provisions, or by virtue of the general powers of discretion vested in the Crown Prosecution Service. There are el ements of UK society who may legitimately feel that public legislation that mandates certain proceedings or dispositions is far preferable a public interest refuge mechanism than a discretion vested in the prosecution that is essentially unreviewable. qualified cautions have attracted a mixed review in the UK press and heavy commentaries they are perceived in some quarters as a system soft on crime. However, the conditional caution mechanisms address but the issue posited in the present question while the Act may provide significant sentences in the proper case, like all other UK statutes, its effect is ameliorated by the discretionary caution.The distinctiveness of the administrative structure of the conditional caution has been furthered through the development of the Gravity Factor Matrix, an assessment mechanism developed by the Home Office to assist police run and prosecutors in the determination of which types of occurrences should be subject to a conditional caution. le gal philosophy forces throughout the UK have now incorporated the matrix into their internal polity and procedures. The general considerations of both aggravating and mitigating parcel are set out in detail the Home Office issued a similarly comprehensive guideline concerning warnings for young offenders in May 2006.The use of the caution process enjoys a widespread acceptance with prosecutors, with 24 per cent of all UK criminal offences charged resulting in this disposition 17per cent more conditional cautions were issued in 2005 over the previous year. Given this trend, concerns regarding the risk of over-criminalised youth sex activity are misplaced, provided the prosecutorial discretion remains active in the consideration of sexual offences.Legitimate sexual behaviourThe question is one that is loaded with the impudence that children (depending upon the age definition) will innocently engage or perhaps experiment with sexual activity. In a hypothetical occurrence between a 1 4 year old boy and a 13 year old girl, where consent in the practical sense is alleged, it is difficult to say a reasonable person characterising the interaction as sexual abuse (subject to the cultural and religious observations noted above). The Act is clearly aimed at circumstances of the prescribed age difference creating a practical presumption of inequality, or the obvious circumstances of harm that are consistent with abuse.MistakeIt is contended that there is nothing within the framework of the Sexual Offences Act, 2003 that creates a potential excursus form the now well developed legal principles in support of the defence of mistake. Due statutory deference is paid to the fact that sexual offence circumstances are often emotionally charged, carrying the potential to locomote recollection and perception,. For these reasons reasonable mistake of fact as to age must remain an available defence wilful blindness and recklessness are relegated (as they should be) to the catego ry of mitigation, if any. It seems doubtful given all of the factors noted above that the UK courts would borrow the de facto reverse onus now imposed upon an accused in these circumstances by the Supreme Court of Canada. The availability of mistake in the statutory regime is consistent with the European Convention provisions regarding the assurance of a fair trial.ConclusionThe present question does not recognise the strengths of the Sexual Offences Act as they pertain to children who are victims of sexual assault. The act strikes an appropriate balance between individual rights and societal protection.