Category: Case study

The case of Dhaliwal [2006] illustrates a woman who took her own life after a series of verbal abuse from her husband. This case underwent a series of trials until the court eventually concluded that the defendant be declared not guilty. As a result, I will be exploring whether it is possible in law for a defendant to cause another to commit suicide and if it should be. I would agree that a Defendant can cause another individual to commit suicide. However, it can legally be proven otherwise which can explain the court’s conclusion. The question of whether it should be possible in law questions the extent and impact of morality in law. All of these I will be discussing in the subsequent essay with the case of Dhaliwal [2006].

Over the years, the law has consistently proven that with a convincing argument, what is initially thought of as guilty can be proven innocent. In law, there is an unending list of what is considered before concluding on a verdict. The question posed above is if “it is possible in law for the D to cause another to commit suicide”. This brings us to the term causation, which is ‘a causal link between D’s conduct and that result’ There are two types of causation, factual and legal causation. Using the factual causation, one could argue that it is possible in law for the D to commit suicide. Factual causation uses the ‘but-for’ test, which is where “the court asks ‘but-for’ the defendant’s conduct, would the prohibited consequence have occurred.”[footnoteRef:1] The ‘but-for’ test can be seen in the case of White, where the defendant put poison in his mother’s drink intending to kill her. She died shortly after but not as a result of the poison. Therefore, but-for the poison, she would have still died. In the case of Dhaliwal, the ‘but-for’ test would apply. But-for Dhaliwal’s verbal abuse would his wife have Killed herself? The probable result is no, she wouldn’t have. It is fair to say, we are not given proper information on the victim’s mental state when she killed herself, and if there was any other burden that could have driven her to take her own life. Nonetheless, from the information we have, where the defendant’s verbal abuse seems to be the only form of provocation, the ‘but-for’ test is answered in the negative, therefore factual causation is established. [1: Lucid Law, “Causation in Criminal Law” https://lucidlaw.co.uk/criminal-law/legal-doctrines/causation/]

With this case, it can be argued that there could have been Oblique intention and a lot of the time, there could be ‘oblique intention’ with suicide cases. This is where, [footnoteRef:2]“D intends an actus reus requirement (whether circumstance or result) ‘obliquely’ where it is: (a) virtually certain to arise; (b) she recognizes that it is virtually certain, and (c) the jury finds that this recognition amounts to an intention.’ The leading case in oblique intention is Woollin, where the defendant out of anger threw his baby against a wall causing the baby’s death. Concerning the case of Dhaliwal, we could argue that it was virtually certain that the defendant’s verbal abuse would result in his wife killing herself, in other words, a foreseeable consequence. In a situation where one repeatedly provokes another individual, could it not be reasonable to say that constant provocation could consequently cause the victim to react? With that in mind, one could argue that Dhaliwal was subconsciously aware that constantly provoking his wife could subsequently push her to the wall, leaving her with few options, questioning her value and importance in life, making suicide the last resort for her. We could also argue that oblique intention is a method used against victims to keep the hands of the defendant clean from murder in literal terms. Manipulating the victim to perform the actus reus intended by the defendant could be a convenient way to avoid taking any blame for their murder. [2: John Child and David Ormerod, “Essentials of Criminal Law”.]

Recklessness is also a term of mens rea, [footnoteRef:3]where the defendant foresees that particular consequence may occur and proceeds with the given conduct, not caring whether those consequences occur or not. In the case of Dhaliwal, the defendant could have foreseen that his wife would eventually kill herself out of frustration and depression but continued anyway. We are not given much information on the relationship the defendant had with his wife. We are not aware if he hated his wife or if he felt she was a burden to their marriage. We are not aware of the exact words he ever used against his wife. We are not aware if he knew of his wife’s insecurities and used exactly that against her, we are not aware if he knew how self-conscious she was. However, it is fair to conclude that this being a marriage, the defendant should know enough about his wife considering they have been living with each other for some years. Hence, could we conclude that the defendant did know that his wife could have been suicidal but continued to provoke her regardless? The relationship between the victim and the defendant is quite closely knit for the defendant to not recognize any suicidal signs, depression or loss of self-worth resulting from his actions and words. [3: John Child and David Ormerod, “Essentials of Criminal Law”.]

Criminal negligence is when the defendant did not foresee that the particular consequence would flow from his actions, but a reasonable person, in the same circumstance, would have foreseen the consequences. In a reasonable scenario, it would logically add up that continuous verbal abuse could potentially cause an individual to take matters into their own hands. It is a major issue today occurring in places such as schools, where one child is bullied by one or more students and forced to commit suicide. The defendant may not necessarily foresee the victim committing suicide, but does this make the actions of the defendant right? Sometimes, we don’t expect certain things playing out the way they do, but does this mean we do not take responsibility for our actions? I think the defendant should be attributed to some amount of blame for the death of the victim using this Criminal negligence. [4: John Child and David Ormerod, “Essentials of Criminal Law”.]

On the contrary, one could argue that the defendant cannot cause another suicide. The case of Dhaliwal was concluded by the court as not guilty. And indeed in law, many other routes that could help one arrive at this conclusion. Earlier, I spoke on one type of causation. To help further my point, I will use the second type of causation, legal causation. [footnoteRef:5]“Legal causation justifies the imposition of criminal liability by finding that the defendant is culpable for the consequences which occurred as a result of his/her actions. This involves showing that the chain of events linking the defendant’s conduct and the consequences remain unbroken’ Factual causation usually is a start, with simpler cases especially, but with more complicated cases such as the case of Dhaliwal, legal causation is more appropriate. By using legal causation, our previous argument with factual causation is hence dismissed concerning Dhaliwal’s case. There is a clear break of causation where the victim takes her own life, and the actions of the defendant can no longer be directly linked to the victim’s death. A popular case where legal causation is present is the R v Kennedy case. The victim was supplied with drugs, this victim was reasonable and voluntarily took the drugs which ended his life. The mere fact that the victim was reasonable and able to make valid and sensible decisions equates to the break-in causation. Hence, just as the case with Dhaliwal, the victim was believed to have been reasonable and voluntarily killed herself, hence a break in causation. This point expresses the importance and the fact that every individual possesses free will. The ability to do things voluntarily and freely and face whatever consequences may occur. Just as John Stuart Mill describes the harm principle in his book, ‘On Liberty’, [footnoteRef:6]“is the idea that each individual has the right to act as he/she wants as long as these actions do not harm others.” That is to say that the victim choosing to kill herself is completely voluntary, so to what extent can we blame the defendant for the consequence? [5: Lucid Law, “Causation in Criminal Law” https://lucidlaw.co.uk/criminal-law/legal-doctrines/causation/] [6: Alla Zaykova, “Mill’s Liberty Principle”, Midnight Media Musings, https://midnightmediamusings.wordpress.com/2014/07/08/mills-liberty-principle/]

Where this may fail to apply would be if the victim had been faced with extreme provocation, were, [footnoteRef:7]“there is any evidence that the act causing death was in response to extreme provocation the onus is on the prosecution to prove beyond reasonable doubt that the act causing death was” justifiable. The victim did not act immediately, meaning she was reasonable when she killed herself, she could have followed another path but did not. Had she acted immediately and impulsively, then one can say that she had acted under extreme provocation. Where she has been told something extremely sensitive to trigger her emotions, forcing her to lose all ability to think clearly. If this were the case, one can argue that the victim was not reasonable at that moment and did not make a voluntary decision to kill herself, hence keeping the chain of causation in place. If this were the case, the defendant could in law cause another to commit suicide. [7: “Provocation/Extreme Provocation”, https://www.judcom.nsw.gov.au/publications/benchbks/criminal/provocation.html]

I have argued both sides and concluded that in law, nothing can be Black or white. I believe the defendant can cause another to commit suicide, and I believe if argued harder, the court could have come to a different conclusion in the case of R v Dhaliwal. A lot of verdict’s in Law are dependent on certain situations. Had the victim reacted immediately after the defendant’s actions, he could have been declared guilty because there would be a direct link between his actions and her death via extreme provocation. In conclusion, I do believe that it is possible in law for a defendant to cause another to commit suicide. To answer the question of if it should be possible, I think that has a lot to do with Law and morality. Should we blame someone else for someone else’s actions against themselves? Every individual should be allowed to make decisions concerning themselves freely, so to what extent can one be blamed for another committing suicide? Nonetheless, we are aware that some people are vindictive in their ways and intentionally make the lives of others so unbearable that they are left with no other option but to end their life. I believe in suicide cases, the fight is no longer between the defendant and the victim, but the loved ones of the defendant. One may not have physically caused harm to the victim but has caused harm to the people the victim has left behind. Therefore, the defendant is responsible for whatever harm he may have put them in through the victim.

References

1. Lucid Law, “Causation in Criminal Law” https://lucidlaw.co.uk/criminal-law/legal-doctrines/causation/
2. John Child and David Ormerod, “Essentials of Criminal Law”.
3. Alla Zaykova, “Mill’s Liberty Principle”, Midnight Media Musings, https://midnightmediamusings.wordpress.com/2014/07/08/mills-liberty-principle/
4. “Provocation/Extreme Provocation”, https://www.judcom.nsw.gov.au/publications/benchbks/criminal/provocation.html
5. R v White [1910] 2 KB 124
6. R v Woollin [1999]
7. The case of Dhaliwal [2006]

Introduction

Hildegard E Peplau believes that nursing helps a person learn and grow during the time of illness by strengthening the person’s intellectual and interpersonal competencies through the process of nurse-client interactions. This assignment is going to discuss how to apply Hildegard E Peplau’s theory and how this theory could help me in reviewing and developing my own nursing practice. Also, the essay will focus on the strengths, limitations, value and relevance of Hildegard E Peplau’s Theory of interpersonal relations in my current nursing practice.

Concept of Hildegard E Peplau’s Theory

Hildegard E. Peplau’s theory of interpersonal relations mainly views on the interpersonal relationship process between nurse and patient during the implement of nursing care process. Using the professional nursing knowledge and clinical decisions, nurse can help patient find out his or her health problems. During the nursing process, nurse should establish a mutual trust relationship with patient and acquire patient’s confidence. The patient, also a complex individual, has a unique personality and is knowledgeable within his or her own frame of reference (Peplau, 1992). The nurse-patient relationship is initiated with a change in the health status of the patient, and the availability of a nurse with the ability to provide specific skills (Peplau, 1992). The nurse-patient relationship evolves through the phases of orientation, identification, exploitation, and resolution. The nurse must adapt to different roles so that the needs of the patient are met within each different phase (Forchuk, 1991; Peplau, 1997). Nursing roles include stranger, teacher, leader, surrogate, counselor, and resource person (Peplau, 1997). Thereby, nurse can able to provide the inimitable nursing care and nursing education for each patient and help each patient seek his or her health needs. Patient will follow and co-operate with the nurse to solve his or her personal health problems. This theory is effective to apply in clinical environment.

Three phases of interpersonal relationships

There were three phases of Hildegard E. Peplau’s theory, orientation phase, working phase and termination phase. Nurses and their patients gradually establish a trustful and therapeutic relationship during the nursing process. This relationship not only help the patient trust nurse’s advice and to follow the nursing care plan. But also, it should be able to help the patient build up his or her own personality and learn how to develop self-care and adapt in daily life and daily activities (Peplau, 1997). In orientation phase, patient who has physical or psychological health problems, requires and seeks professional medical or nursing assistances to help his or her solve health problem. Nurse carries out health assessment to analyze patient’s situation and health problems and makes a nursing diagnosis to recognize patient’s impatient health problems (Belcher & Fish, 2002). Moreover, it is important to make a mutual agreement and establish a trustful relationship between the nurse and the patient (Pearson, Vaughan & Fitzgerald, 2005). In working phase, nurse will set a specific nursing care plan for each patient, nurse will play different roles, such as teacher, resource person, counselor, technical expect, leader and surrogate. For example, nurse provides relative nursing care, and arranges relative medical interventions and recovery services to patient during nursing process. Nurse should respect and concern about patient. On the other hand, patient should co-operate and respond to nurse to maintain a trustful and therapeutic relationship (Belcher & Fish, 2002). Finally, patient understands and solves his or her present health problems, and he or she becomes from dependence to independence and self-sufficiency. Both nurse and patient achieve the mutual health aim (Howk, 2002). In termination phase, nurse have to evaluate the outcome of nursing care plan. If the nursing outcome is effective, nurse will plan for discharge of patient. Conversely, if the nursing outcome is ineffective, nurse should rearrange patient’s nursing care plan until the health aim is achieved (Peplau, 1997).

Case study

Betty, who was a fit and willowy 33 years old lady. She was an artist and model. Because of her job, she had to wear different types of beautiful clothes every day. One day, she met her old friend. Her friend found that her neck had mild swelling. She didn’t take it into account. 2 weeks later, she found that her neck swelling had becoming larger in size but not painful. She went to consult doctor and the doctor suggested Betty to be hospitalized in order to carry out examinations and tests. She did medical investigations, such as blood for thyroid function test and ultrasound thyroid with fine needle aspiration cytology. The investigation result showed that she had thyroid tumors. Doctor suggested her to do the operation of total thyroidectomy and took a thyroid medication for long term after operation. However, she was afraid of wound pain and the risk of operation. She also worried about the surgical scar on her neck will affect her appearance, thus her work and income.

Orientation phases, I will introduce myself and my colleagues to Betty at the first meeting with her. Then I will show my support, respect and concern to her. Giving enough time for Betty to express her worries and concerns about the disease and operation of thyroidectomy. I will be a good listener and not to interrupt her when she is talking about her problems. After collected Betty’s personal information, I will define Betty’s problems, such as being afraid of wound pain and worrying about the surgical scar and her work and make a mutual agreement with her. In this phase, a trustful therapeutic relationship will be established.

For working phase, I should clarify Betty’s misunderstanding of her disease, operation and complication. I should explain that if she does not carry out operation of thyroidectomy, her thyroid tumor may have a chance of increasing size in the future. And it is life threatening if the thyroid tumor keeps increasing in size and blocks her airway. I should also discuss the post-operation care with Betty and give support to her, let her know that she may have a scar on the neck and need to take thyroid medication for a long time after the operation. Furthermore, I should encourage Betty’s family and friends to help and support her to face the changing image and long-term medication in the future. I should make a specific nursing care plan for Betty and encourage her to actively participate in it. In addition, helping Betty to identify her strengths, recognize her ability to overcome the wound pain and recover from the worries about scar of neck and her income. After Betty finished the operation, providing related nursing care, such as post operation care and counseling. Finally, I may arrange necessary services to Betty, such as referral to psychologist for changing her exterior appearance and a social worker for financial problem.

Termination phase, I should evaluate Betty’s nursing care plan is effective or not. When Betty successfully achieved the goal of nursing, I will plan her for discharge. Before discharge, I should educate her the steps of wound care at home and give her some information about her thyroid disease, such as diet and thyroid medication side effects.

The strengths, limitations, and its value and relevance to nursing Hildegard E. Peplau’s theory should apply on every clinical nursing practice. Nurse through interpersonal relationship with patient to establish a trustful therapeutic relationship. However, this theory has its strengths and limitations in clinical situations. The strengths are providing a systematic method for nursing assessment and prepare a specific nursing care plan for each patient. Peplau’s theory provides a unique view for understanding the purposeful nurse-patient relationship and the expanded nursing roles (Belcher & Fish, 2002). It has contributed to nursing in the areas of practice and research. Peplau’s theory is most commonly applied in psychiatric nursing practice and in the delivery of patient education. The core of Peplau’s theory is a process of development of interpersonal relationship between a nurse and a patient. The relationship is initiated by the patient’s felt needs and terminated when the needs are met. According to Peplau, the use of verbal and nonverbal communication are required for establishment of the nurse-patient relationship; Therefore, her theory is limited in serving unconscious patients who are unable to communicate with nurses both verbally and nonverbally. It is difficult to apply to patients who are incapable of communication, such as comatose and senile patients, or patients in critical condition, since in these situations the nurse-patient communication is often unidirectional (Howk, 2002). The generalizability of the theory is therefore not adequate. Another limitation of Peplau’s theory is that it is lack of appreciation for human environmental interactions, as it focuses heavily on interpersonal interactions. Moreover, many contemporary theorists believe that nurses should take the lead in identifying patients’ health needs rather than waiting for patients to seek help from them (Belcher & Fish, 2002). Both the nurse and the patient grow as a result of their interaction. Outcome evaluation is a critical step in the nursing process to decide if the planned goals are achieved. Peplau’s three phases of interpersonal relationship (orientation, working, and termination) are relatively coherent to the nursing process. Peplau’s orientation phase is consistent with the assessment phase and development of nursing diagnoses once the health problems are identified. The working phase parallels the outcomes planning and implementation phases, when individualized plans are selected to resolve patient’s problems. To sum up the similarities, both focus on therapeutic interactions and application of problem-solving approach to solve the patient’s health problems. In contrast, Peplau’s phases emphasize on meeting patients’ felt needs by facilitating the work initiated by the patient, such as seeking professional help, responding selectively and drawing resources actively. However, evaluation is not well elaborated in Peplau’s framework, and it implies the readiness of the patient to proceed through the termination phase (Belcher & Fish, 2002).

Conclusion

Peplau’s theory has had much influence on both general and psychiatric nursing, particularly in settings in which nurse-patient communications and interactions are held in high regard. Peplau also helped introduce the value of nursing during patients’ progress towards recovery. Peplau delineated six nursing roles that may emerge during the interpersonal process. Nurses also change their roles as they and their patients move through three phases of interpersonal relationships. The limitations are difficult to apply on patient of incapable communication and neglect to assess environmental health factor and promote health

The key factor that helped Lincoln Electric in its success was the founding philosophy, namely, the idea about human motivation formed by James F. Lincoln. He believed in the individual and the equality of management and workers. He implemented the unusual structure of compensation and benefits which was the basis of his philosophy of ‘incentive management’. In 1951 he wrote in his company-published monograph: ‘There never will be enthusiasm for greater efficiency if the resulting profits are not properly distributed. If we continue to give it to the average stockholder, the worker will not cooperate’. His system included four components: wages based on the number of pieces produced by the worker; an annual bonus (a year-end bonus that might be equal to or exceed the regular payment); guaranteed employment; limited benefits. The company strove to erase hierarchical distinctions and tried to create a system of rational incentives to build a spirit of cooperation between management and employees. The culture that resulted from Lincoln’s incentive program and unusual management style seemed to encourage individual employees to produce and innovate. In the post-war period, productivity per worker was increasing at twice the rate of benchmark manufacturing companies. Later George Willis, Lincoln’s CEO in the late 1980s and early 1990s, summarized the success of the company in the following way: ‘We’re not a marketing company, we’re not an R&D company, and we’re not a service company. We’re a manufacturing company, and I believe that we are the best manufacturing company in the world.’

The main reason why the internationalization thrust of the late 1980s and early 1990s failed was the recession in Europe and Japan that hit the new subsidiaries’ sales in 1991. The corporate executives, focused mainly on Cleveland, paid little attention to the problem. They thought the modified versions of the incentive system would help most plants abroad achieve rapid productivity growth similar to Cleveland’s and did not adjust to the local situation. The new plants in Europe were dragging the whole corporation down. The reasons for the issues faced by the company were: the focus on the quality of the acquisition target’s manufacturing facilities, and the high cost of fragmented production. Many plants competed with each other. In addition to this, Lincoln’s corporate headquarters contained no managers with substantial international experience. As a result Willis, who became CEO after Irrgang died in 1986, retained the existing managers of most of the acquired companies to take advantage of their local knowledge but directed to implement Lincoln’s incentive and manufacturing systems. He sent out US managers who knew the system in Cleveland to help them. However, beyond this corporate headquarters largely left the new subsidiaries to manage on their own. Moreover, most of Lincoln’s acquisitions were unionized, and each relationship between management and labor historically had been less cordial than at Lincoln. Many of the European managers and workers were philosophically opposed to piecework pay and seemed to value vacation time more highly than extra income from bonuses. Regulations presented additional obstacles: in Brazil, any bonus paid for 2 consecutive years became a legal entitlement and in Germany piecework was illegal.

Tony Massaro, hired in April 1993, was a former worldwide group president at Westinghouse Electric, as a consultant. Later in August, he became the director of international operations. In cooperation with Jay Elliott Massaro quickly identified several causes of the poor financial performance on the European market such as several European companies having small market shares and weak sales organizations, high cost of fragmented production, overcapacity, and competition between plants. Massaro and Elliot had to restructure international operations to achieve profitability. Some subsidiaries had to be closed, the remaining ones had to go through the rationalization of the product lines and improvement of the sales force. In March 1996, Massaro became President and CEO of the Lincoln Electric company he looked to expand the company’s presence abroad. In 1995 Lincoln began extending its sales and distribution network in Latin America and Asia, the next step was to build manufacturing capacity in these markets. He created a new for the company’s international operations and named a president for each of five regions: North America (including the USA and Canada), Europe, Russia/Africa/Middle East, Latin America, and Asia (including Australia). Massaro was more flexible than his predecessors about the workers abroad compensation system. He realized that the incentive system was an essential part source of the success in the USA, but was not sure that it was reasonable everywhere. He gave his team of international managers a chance to employ only some of the elements of the system that they judged suitable for their countries. Thus, Tony Massaro’s leadership turned out to be more productive for the company.

Lincoln should go ahead with its planned investment in Indonesia in 1998 as its market was large. However, semiautomatic or fully automatic welding machines were used less commonly than hand-held. Thus, Mike Gillespie made the right decision to build the factory there as Indonesia’s economy was growing rapidly. Entering Indonesia’s market Mike Gillespie could consider the advisability of a joint venture as the entry strategy as it could provide access to local expertise and relationships with important people in government and business. In terms of implementing the company’s incentive management system, Gillespie had to take into account the necessity to pay the legal minimum wage of 170,000 rupiahs per month. In addition to this model, he thought to offer a merit-based bonus the maximum of which was 30% linked to the factory performance. Another option appeared during the discussion with Ray Bender, who had joined Lincoln Asia as head of manufacturing. It was the idea of paying the prescribed minimum wage and the bonus based on the piece of work. It could be the best decision for the company as it might be a great stimulus for workers to increase their productivity and at the same time, it enabled the company both to keep up with its philosophy and to obey Indonesian laws.

Question I

I. Introduction

Entitlements are central concepts throughout jurisprudence in the United States. They are the basic legal form utilized in the range areas of law such as contracts and torts. They are created by human actors who make moral decisions about who is deserving or undeserving within a chosen economic structure.

In 1935 the rise of social welfare entitlements began under the Social Security Act. The Social Security Act enacted OASDI, a retirement income supplement, Unemployment Insurance, a partial wage-replacement, and ADC, a cash assistance program for children living with their mothers. During this era a two-track welfare system emerged where a perception unfolded of those were deserving and those who were undeserving. The deserving poor were those who paid into the system and were seeking OASDI or unemployment insurance. Conversely, the undeserving were those who were seeking ADC due to necessity. Initially, ADC was supposed to be a temporary program that covered white widows [for example the widows of West Virginia coal miners], and at the time of its implementation the concept of the ‘good women’ who abides by the domestic code was enmeshed into the fabric of the act resulting in discrimination against single mothers, immigrant women, and African Americans automatically labeling them ‘bad mothers’ because there was large state discretion with ADC.

In the 1960s, ADC was renamed to Aid to Families with Dependent Child [AFDC] expanding its aid from children to families [mothers] with children. Rhetoric surrounding this change stemmed from the belief that poverty stemmed from an individual’s failures and lack of initiative as the rolls of AFDC recipients grew, the images of immoral sexual deviant inextricably became intertwined in the narrative about welfare recipients. During this era, welfare entitlements became grounded in the narrative of morality. In King v. Smith, Alabama residents were denied AFDC benefits because of the substitute father regulation which sought to narrow who was eligible for assistance. In King, the court determined that the state has the power to change financial eligibility, but not categorical. This holding created a statutory categorical entitlement to benefits that states cannot violate for all eligible individuals. Although King establishes a categorical entitlement, the court determined that the state can set the standard of need and level or benefits to be anything. In Dandrige, the court determined that states have the prerogative to compute the level of benefits. At the time Maryland capped their maximum grant on benefit levels to $250 and families with more than six children did not receive additional money for their seventh, eighth, or ninth child. Dandrige exemplifies how states tied moral issues such as family planning and illegitimacy to financial eligibility circumventing categorical eligibility to discriminate against those who were ‘entitled’. Similar to Dandrige, the court in Jefferson held the Texas cap on the total amount that can be spent for all types of welfare assistance grant was lawful, and that states can allocate funds however they see permissible as long as they are not redefining categorical eligibility and discriminating based on race. Jefferson exhibits how social welfare benefits are enmeshed with morality and race; by limiting benefits based on race the Texas cap program was giving into the stereotype of the “welfare queen,” a single, minority mother who lived on welfare her entire life and continued to produce children to increase her benefits. Dublino further unravels the entitlement of categorical eligibility established in King through the determination that states cannot define categorical eligibility, but they can add to it by imposing additional conditions of eligibility pursuant to state policies such as work requirements. Although individuals were entitled to benefits if they were deemed categorically eligible, states continuously sidestepped this to impose moral control over the lives of welfare recipients.

With the enactment of 1115/1315 waivers and OBRA in 1981 a shift in welfare entitlements emerged where welfare as a right, or entitlement, triggered procedural due process. In 1960, Flemming v. Nestor, the court rejected the argument that benefits are an accrued property right under the 5th Amendment that cannot be taken away. We begin to see a shift in social welfare entitlements when the Goldberg court ruled that AFDC recipients were entitled to a fair hearing before their benefits could be terminated, and the opportunity to be heard must be tailored to the capacities and circumstances of those who are heard. Under Goldberg to constitute a legal entitlement an individual must have a legitimate expectation to receive the benefit, which must be based upon reasonable and objective grounds. Even though, entitlement was reformulated from an emphasis on morality and the individual to procedural due process, the personal blame enmeshed in entitlements did not disappear.

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 changed welfare from a federal entitlement program to a state-run assistance program. The states were awarded control and design over welfare through a block grant. Congress stated that under 42 U.S.C 601(b) PRWORA there would no longer be any individual entitlement to welfare benefits. In 1996 AFDC was replaced by the Personal Responsibility and Work Opportunity Reconciliation Act’s (PRWORA) Temporary assistance for Needy Families (TANF) Program. The focus of PRWORA and TANF was to reduce those who receive welfare by instituting work requirements, ending welfare as an entitlement program, the establishment of mandatory time limits, and the encouragement of two-parent households. Under § 601(b) of PRWORA the act states that the statute ‘shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.” Although clear on its face, plain meaning of 42 U.S.C § 601(b) of PRWORA is ambiguous and its meaning was subject to multiple interpretations.

II. Courts Interpretation Post-PRWORA

The enactment of PRWORA caused doubt on the procedural due process rights that had been afforded to welfare recipients since Goldberg. The statute declared an end to any statutory entitlement to federal assistance. This resulted in the debate over whether welfare benefits still qualified as property interests subject to due process protection. Furthermore, PRWORA provided flexibility to states, and despite the federal statute’s ‘no entitlement’ prohibition, ambiguity exists as to whether a statutory entitlement to benefits exists.

A. Shvartsman v. Apfel, 138 F.3d 1196 (7th Cir. 1998).

Several years after the enactment of PWORA, in Shvartsman v. Apfel, plaintiffs challenged §402(a)(1) in the 7th Circuit which under PRWORA added a citizenship requirement to the food stamp program. In order to still be eligible for food stamps, legal immigrants had to become citizens within the recertification period under PRWORA (April 1, 1997 – April 22, 1997). The court rejected the plaintiff’s argument and held that food stamp recipients did not have a property interest in a recertification process allowing them to continue receiving food stamps, and without a property interest they plaintiffs did not have a due process violation.

The court differentiated Shvartsman from Youakim by stating that although the plaintiffs in both cases might be able to prove continuing eligibility given the opportunity for individualized determination, the plaintiffs in Youakim had asserted an undisputed property interest in the continued foster care benefits. Conversely, in Shvartsman the plaintiffs could not do so because the Food Stamp Program established a time-limit and not ongoing periods of eligibility, and the plaintiffs were applicants at the time, not recipients. Also, the court differentiated Logan from Shvartsman by determining that the plaintiffs in Logan did have a property interest. The court’s ruling in Shvartsman is the catalyst that begins to make welfare entitlements difficult to attain, because they court determined a property interest must be found.

The court’s ruling in Shvartsman resembles the courts reason in the pre-PRWORA cases Flemming v. Nestor and King v. Smith. In both cases the court determined that welfare is not a vested property right (Flemming v. Nestor) nor a Constitutional property right (King v. Smith). Similarly, in Shvartsman, although it was determined that the plaintiffs were applicants, not recipients, the court fell in line with the arguments of Flemming and King determining that having no property interest meant that the plaintiffs had no procedural due process claim.

Conversely, Shvartsman is inconsistent with the pre-PRWORA case of Goldberg. In Goldberg the court determined that that welfare benefits are statutory entitlements, rather than privileges, and the Court weighed welfare recipients’ need for procedural due process against the competing considerations of the possible harm they might suffer from discontinuation and the government’s interest in summary adjudication. Also, the court in Goldberg determined that state interests in conserving administrative costs are not sufficient to override public aid recipients’ interest in procedural due process. The shift from Goldberg, where plaintiffs had a due process claim because welfare benefits were statutory entitlements to Shavartsman, where plaintiffs have no due process claim or property right stems from the enactment of PRWORA.

B. Weston v. Cassata, 37 P.3d 469 (Colo. App. 2001), cert. denied, 536 U.S. 923 (2002)

In Colorado, post-PRWORA enactment, plaintiffs challenged the validity of the sanction notices alleging that they were deficient and violated due process rights. The court found the notices to violate due process because they contained information too minimal to enable the recipient to determine whether to request a hearing. The Colorado Court of Appeals held that the ‘no entitlement’ language in the PRWORA, 42 U.S.C.S. § 601 did not destroy all forms of property rights in welfare benefits. According to the court, plaintiffs had a right to receive cash assistance benefits if such benefits were available and, if plaintiffs were eligible. Therefore, plaintiffs had a right to procedural due process. The Colorado Court of Appeals reverts back to the idea that plaintiffs have a due process right to their benefits.

Although Weston occurred after the enactment of PRWORA, the holding of the court resembled that of pre-PRWORA cases. The court is Weston looks to cite to the Goldberg holding in determining the extent of due process safeguards for persons possessing property interests in disputes involving public benefits. Goldberg provided support for extending due process protections through the courts ruling that ruling that welfare was a protected property interest, and that recipients are entitled to a hearing before, not after, their benefits are terminated. This is demonstrated in Weston when the court establishes that the plaintiffs that the notices were deficient, they remain consistent with Goldberg to establish that an entitlement to welfare benefits does exist.

Post Goldberg, the court in Mathews v. Eldridge adopted a general approach for determining what process is due when the government seeks to deprive an individual of a constitutionally protected interest. According to the Mathews approach identification of due process generally requires consideration of three distinct factors; (1) the private interest that will be affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, of additional procedural safeguards; and (3) the Government’s interest, including the function involved and the financial and administrative burdens that the additional or procedural requirement would entail. Mathews set out the minimum procedural protections that should be afforded to welfare recipients by the state when depriving recipients of benefits. In Weston, the court grapples with the enactment of PRWORA and the ambiguity of the no entitlement provision and whether the right to procedural due process exists. Turning away from the minimum procedural protections set forth in Mathews, the court looked to Goldberg in order to determine that welfare benefits were a protected property interest under 601(b) of PRWORA.

C. State of West Virginia ex rel. K.M v. West Virginia Department of Health and Human Resources, 575 S.E.2d 393 (W. Va. 2002)

In State of West Virginia ex rel. K.M v. West Virginia Department of Health and Human Resources families receiving TANF checks were limited to sixty months which could be extended to a maximum of six months. The court determined that there was no Constitutional right to receive welfare, and that TANF recipients did not have a property interest. Although the court determined while the no entitlement provision means that there is no right to cash assistance, once the state has established a scheme for making such payments, the State’s scheme must provide the program participants with adequate due process protections. Also, court found that, Congress and the Legislature intended a clear break with the past practice of providing cash assistance of unlimited duration to the poor, and that the Goldberg primary authority on this issue was ill-suited, because it was written before the 1996 Act and concerned rights under the old benefit scheme.

The court in State of West Virginia ex rel. K.M v. West Virginia Department of Health and Human Resources rejects Goldberg’s rhetoric that welfare was a protected property interest, but still incorporate Goldberg into their holding. The West Virginia court determined that the state did not have to provide for an extension possibility, but they did provide one whereby recipient could get benefits beyond 60 months, and once they have chosen to set up a system beyond the sixty months it established a property right which the state cannot deprive them of without due process. Furthermore, recipients who apply for the extension do have a property right triggering procedural due process. Again, although K.M v. West Virginia occurs in the post-PRWORA era, the entitlement of procedural due process in social welfare benefits remains consistent. This relates back to the ambiguity of § 601 (b), and how its meaning is subject to multiple interpretations.

The 1996 enactment the Personal Responsibility and Work Opportunity Reconciliation Act resulted in a fundamental change to the administration and substance of public benefits. PRWORA also called into question the applicability of the procedural due process doctrine. Under PRWORA, states have significantly more authority and have the ability to determine who is entitled to welfare assistance. The delegation of powers coupled with § 601 (b)’s statutory ‘no entitlement’ disclaimer leaves welfare recipients more vulnerable than ever.

Quinnipiac University is a suburban private university located in Hamden, Connecticut. The university is well-known for its degrees in the undergraduate, graduate, and professional levels. The institution has captured national attention over its student journalism with the universities’ control over student publications and students’ speech in 2007 and 2008 along with two Title IX cases that occurred in 2010 and 2016.These case studies will focus on Title IX issues that violated several acts including specific details that lead up to the decisions made by the courts. In 2010, the members of Quinnipiac’s volleyball team sued the university when they announced the school would eliminate the sport in concern of equal roster spots.

The school wanted to replace the sport with competitive cheerleading to stay in compliance with the 1972 federal law that mandates equal opportunities for men and women in athletics. However, several issues drew some red flags when presented in court. It turns out that the university forced an appearance of compliance with Title IX by manipulated its roster sizes. It was a way the university thought of creating equal roster sizes for competitions by eliminating certain sport programs. Overview, the school was oversized in roster spots to such a degree making way for competitive cheerleading to equal out the amount. The courts ruled that competitive cheerleading wasn’t an official sport looking to meet the Title IX gender-equity requirements. They also mentioned how underdeveloped the cheerleading team was and issued to the school that it maintains its volleyball program for the 2010-2011 season.

The second Title IX issue Quinnipiac University faced occurred in 2016-2017. Claims made by an anonymous student began to surface about an individual physically being violent towards two ex-girlfriends. This claim was investigated for a potential violation of Title IX of the Education Amendments 1972. The accuser was known as John Doe, who was unfairly presented because of the university not providing him with details that was collected during the investigation. In response to the two ex-girlfriends, Doe’s girlfriend at the time reported to campus officials about the two arguing to a point where they had to end their relationship. In her report, she stated about John Doe being physically abusive. In other words, she mentioned about John Doe’s ex-girlfriend had warned her about his misbehavior. The university ended up investigating his ex-girlfriend and gathering her side of the story to find an answer to his abusive behavior. After investigators met with Doe’s witnesses, he felt like he was treated unfairly. The witnesses were giving statements before him therefore giving them time to prepare statements. He also claimed the investigators were being biased in the Title IX hearing. Doe was unsatisfied and sued asking for a restraining order. This is was around the time the courts were setting up a second hearing. Unfortunately, he was denied.

The courts gave Doe permission to be allowed back onto campus for classes. However, he wasn’t allowed to participate in any events that took place on campus. He tried appealing this decision, but the courts upheld his appeal. Doe still felt like he wasn’t getting treated fairly and he later claimed the investigators destroyed his notes that led up to an initial hearing and the other from Doe’s appeal. Despite all of these accusations, Doe tried to get the university to investigate what he said was harassment against him. Sadly, he was cleared of all accusations. He plans to sue for violations of Title IX and state statutes. Despite the university complies with Title IX and respond to the complaints in which Doe states they did not do. In response to both of these cases, they could’ve been avoided depending on how the scenario for each other played out. The 2010 Title IX was preventable if equal treatment to the men and women athletics was fair and in compliance with the federal law. Making a cheerleading team competitive amongst the other female sports was something the university knew wasn’t going to go through. Especially since it violated the Title IX of the Civil Rights Act of 1964. They were not creating equal opportunities for their whole athletics and found themselves discriminating on the basis of sex. The 2016-2017 Title IX is a toss up to a “what if” situation.

The accuser felt like he was treated unfairly by the university for claims he stated his written evidence was destroyed by investigators. However, the fact that both ex-girlfriends were warned about his behavior and abusiveness should indicate what kind of human being John Doe really is. In any Title IX case, the victims will always be the females and without a doubt, everyone will listen to the female’s side of the story. Despite how innocent the males think they are, they will always be the guilty accuser. The university should be held liable for John Doe actions and how the officials destroyed their notes during the investigation. Whether they did or not, this gives the university a bad reputation on handling situations regarding Title IX. Evidence should be presented to the courts and not destroyed for unknown reasons that gives John Doe a reason to plead his case was treated unfairly. In my opinion, Quinnipiac University needs understanding certain compliances into allowing equal opportunities for men and women athletics. Rather than cut the sport programs to reduce roster sizes and make a cheerleading squad a competitive sport. When they violated the Title IX of the Civil Rights Act of 1964, the school knew they were discriminating on the basis of sex. Cutting an entire volleyball program was unacceptable. Looking ahead in the John Doe Title IX case, he knew what he did to those two women was inexcusable. Being treated inadequately because the two women were interviewed before him, he should know the victims will always get questioned first regardless if they were already preparing statements. However, the university handled this case poorly with having all of their notes destroyed. It gives the university a bad image and questions their ability to present themselves in courts against any Title IX situations. Ultimately, both of these case studies were very interesting to spend the time and research on. Understanding how serious Title IX can impact a role for the university or to an individual. The importance of Title IX helps prevent any gender discrimination especially in any sexual acts among the educational athletic systems.

Lincoln Electric: Venturing Abroad Case Memo

Founded by John C. Lincoln in 1895 in Cleveland, Lincoln Electric Company is the largest global manufacturer of arc welding machines and a leading producer of industrial electric motors. With being a global leader comes numerous responsibilities that you experience through boundless obstacles. In addition, greater challenges arise whenever a large company but inexperienced internationally like Lincoln Electric decides to expand its operations overseas. In this paper, I will analyze the questions being raised to better understand Lincoln Electric’s success thus far and future success as it expands into the Asian market.

Before we move forward with how Lincoln Electric is still striving today, we first have to study its origin. John C. Lincoln’s founding philosophy set the company up for long-lasting success. His brilliant outlook on human motivation created the fundamentals behind the incentive compensation system. The incentive system was created in order to optimize its employee’s work efficiency through compensation and benefits structure. This vital system was implemented because he believed that “there will never be enthusiasm for greater efficiency if the profits are not properly distributed.”

Now, there are many reasons behind Lincoln Electric’s success in the United States. Most notably, the implementation of the incentive system flows without any issues in the United States. The system of incentives creates interconnectedness among its employees across all levels. The employee board, where all can freely make suggestions on the efficiency of the company is an effective strategy to use all resources in order to cut down costs. In return, this improved employee trust within the company as well as creating a competitive advantage over the market. Additionally, Lincoln Electric’s success arises from its cultural trait within the United States. The U.S. is a very individualistic society and one of the key factors embedded in the incentive system is the benefits that come with an individual output of work efficiency. Not only that but also gives the opportunity for each employee to better form their financial goals with the way they work.

Lincoln Electric was growing significantly and prospering exceptionally well until the company’s decision to embark on a confident tactic to go global. This of course brings forward how vital HRM becomes for a company as it goes international. While early venturing into international markets, Lincoln Electric didn’t seem to have many issues implementing its same tactics. In Canada, Australia, and France, Lincoln Electric essentially used the lift and drop system in those countries and the incentive system was quickly adopted. The company developed a formula that was working for them in those three international countries. However, it brought greater challenges as it finally expanded rapidly into nine more countries under George Willis

Recognizing the immediate need for an executive with international experience, Tony Massaro was hired, where he was the former worldwide group president of Westinghouse Electric. Massaro’s approach was different compared to his previous initiatives. Which is that he was Lincoln Electric’s first effort toward actually studying the international market. Quickly, Massaro identified many problems in the overseas facilities. He recognized that several causes behind the subsidiaries’ poor financial performance and that fragmented production kept costs high. However, I believe the most important discovery by Massaro was how the company tried to do things the Lincoln way everywhere, rather than fluctuating to local surroundings. This was the moment when the company realized that the lift and drop system was one of the reasons behind their international struggle. They couldn’t simply operate under the same system everywhere they went. The incentive system is strong and is the reason behind Lincoln’s success, but it doesn’t work in every market. Therefore, the decision behind Massaro giving his international managers full freedom to only employ parts of the incentive system that they believed were suitable for the host country was the correct approach.

In addition, it is clear that Tony Massaro had done an exceptional job figuring out the core issues in Lincoln’s international ventures. His previous experience helped him identify precisely what had to be done to fix these underlying problems. Massaro’s internationalization strategy consisted of two stages, the first one is to shut down the plants that they can’t save and the second one was to improve the sales force to increase the volume in the remaining plants. Tony Massaro was already in the process of uplifting the company’s international operations. The issues Massaro unfolded before and after his arrival was crucial and an important lesson for Lincoln Electric. Although Tony Massaro had done significantly more than his previous initiatives, it shouldn’t go unnoticed that George Willis was behind the rapid expansion toward internalization for Lincoln Electric. Without his initial efforts to finally take production overseas, it would be difficult to say where Lincoln Electric would stand today in terms of its international growth.

After reconstructing the international operations and achieving profitability again, Lincoln Electric was making efforts now to expand into the Asian market. Gillespie was recruited by Massaro as Lincoln’s president for Asia. Gillespie’s plan was to build manufacturing factories in Asian countries to manufacture consumables for the native markets. This is where Gillespie put Indonesia as its first target to build a factory. However, political and economic uncertainty was high in Indonesia. But Indonesia’s economy was growing nevertheless, and this attracted Gillespie. However, local companies dominated the import, export, and distribution businesses, because native customers preferred doing business with their own citizens. These were all factors that Gillespie pieced together to develop a strategy.

Once Gillespie took all this under consideration and developed a strategy, he had a variety of methods to choose from. The first one is 100% ownership of a manufacturing venture, which gives full control and rights to all profits for Lincoln Electric. Another one was doing a joint venture, which will give them local expertise and ties within the nation. As mentioned above, local companies did much better than foreign ones, so this was a serious factor to what Gillespie could lean towards. With that being said, Lincoln Electric had two partners to choose from if they were to do a joint venture. Tira Austenite and Suryiasurana Hidupjaya were Gillespie’s two possible distributors. Both were very different from one another, but that meant both were in their own way better at something and Gillespie recognized that. Therefore, partnering with both of them was also another factor that was put onto the table. Lastly, Gillespie brought forward and questioned the compensation and incentive system and if it should be introduced into the Indonesian market. It contains high importance towards Lincoln Electric’s culture and success.

Moreover, I believe it is important that Gillespie understands all the mistakes Lincoln Electric has done previously and avoid repeating them. With all the options available, I believe the best route would be to go into the Asian market through a joint venture with both Tira and SSJH. With that much uncertainty in a country, I think it would be smart to create ties with a company that has strong connections locally. Tira is essential because it’s a native firm and has already established connections that would take Lincoln Electric many years to build. On the other hand, SSJH is a foreign firm that encountered similar challenges mutual to Lincoln Electric. Through these joint ventures, Lincoln Electric lower its risk and gain local respect. Not only that but would also create invaluable relationships with the government. Moving forward, they can reevaluate this decision as they gain experience in the market. On the contrary, the incentive system is too early to be implemented in Indonesia. After Lincoln Electric gains enough knowledge and confidence it could consider applying parts of the incentive system, but in the meantime focus more on its joint ventures.

In conclusion, founder John C. Lincoln created a company that is the largest global manufacturer of arc welding machines and the leading producer of industrial electric motors today. Its success in the United States was unmatched by the implementation of the incentive system. It was Lincoln’s core philosophy and helped grow the company. However, Lincoln Electric had minimal understanding internationally as they decided to expand operations overseas. They believed that their incentive system was so strong that it would work wherever they went. They learned this was wrong with the arrival of Tony Massaro. After reconstructing and recovering from its failure internationally, Lincoln Electric made efforts to go into the Asian market. Where Gillespie took on great challenges to make strategic decisions that will place Lincoln Electric at its optimal position within Indonesia. My recommendations were to go through a joint venture to reduce risk and gain connections as well as customers through these partnerships. As Lincoln Electric grows in this market it could reevaluate these decisions and start implementing parts of the incentive system. But in the meantime, stick to growing in the Indonesian market through joint ventures.

In this paper will discuss the definition of a case study and point out the advantages and disadvantages of this method. We will also discuss the reasons that case studies are needed in research. We will also discuss how a researcher can go about gathering information and data. Also go over how to distinguish what information and data is most useful for that case study. After which you will be able to have a better understanding of the importance a case study can bring to your research.

Case Study Explained

A case study is when you observe something and record your finding. If it is people or animals that you are observing, you sometimes watch how they interact and their behaviors with others. Crowe explained, “A case study is a research approach that is used to generate an in- depth, multi-faceted understanding if a complex issue in its real-life context” (para.4). This goes back to what I explained about the observation being concluded in the natural environment.

Advantage vs Disadvantage

Because this approach is done by observations and interview you can have the opportunity to interact. So, the advantage to this is more detailed information which gives you further insight for more research. “It is the glory of God to conceal things, but the glory of kings is to search things out” (Proverbs 25:2, Eastern Standard Version). In an article written by McLeod, “The research may also continue for an extended period of time, so processed and developments can be studied as they happen” (para. 11). This statement tells us that sometimes are observations may take longer to gain as must information as possible. In this research method the more information you can get the better you can come up with your conclusion of your case study. And There are also disadvantages researchers on feelings may come into play on certain observations which would make it hard to come up with an explanation on what details are observed. Sometimes it may be time consuming because it may require you to research more than one person, or group. For example, “Freud has been criticized for producing case studies in which the information was sometimes distorted to fit the particular theories about behavior” (McLeod et al.,2019). Case studies should not be altered in any way they should be based on facts and not changed to be unclear to their researcher.

Reasons for a Case Study Approach

The information obtained could be used for other research so not only could it benefit your case study but possibly more. It also assist you in gaining knowledge not only of your topic but makes you a better researcher. It may open your eyes to understanding and change the way you feel about certain research. It is a good way to get an array of information that may help with other researches.

Acquiring Information and Data

The most used way of acquiring information and data is through naturalistic observation where you observe your subject in their natural setting. They may know that you’re there doing the observations, or it may strictly be done without them knowing. There are in fact disadvantages to this method if your subject is aware of your presence, they may alter their behaviors (Crawford,2019). And by also being careful not to let your bias get in the way of your research. Being able to observe in the natural setting it will allow you to view multiple changes in the behaviors being viewed.

References:

1. Crawford, R., Bonds-Raacke, J., Raacke, J., (2019). Introduction to Research: Less Fright
2. More Insight. (R. Crawford,Ph.D). Kendall Hunt.
3. McLeod, S.A. (2019, Aug 3). Case Study Method, Simply Psychology. https://www.simply psychology.org/case-study. Html.
4. Smith, Stephen, Publication date (Nov 18, 2019). Publisher: Open Bible.

Executive Summary

When Lincoln’s plan started its activity abroad its fundamental center in Asia was China. So, the principal challenge was to join its main western strategies with a remote local strategy. China is the center of different indigenous religions, societies, and customs. The migrant supervisors in China were confused a great deal about those strategies, they were in a dilemma in terms of operations management, and the formulation of those strategies to take place in China. The Chinese method of working, work ethics, and condition was an enormous effect on the Lincoln Management arrangements. The administration arrangements of Lincoln were an immense accomplishment in the western nations. The strategy was called “The Lincoln way” and administration was a piece-rate installment system that paid representatives for what they created and a reward arrangement of installments, where the workers were given year-end rewards depending on their performance. Numerous significant administration individuals trusted this is the fundamental factor for the considerable amount of time the organization kept booming in the commercial center. Everybody didn’t know the system that was working in the west would chip away at China or not. The test was likewise to employ a talented administrator and they didn’t have an idea about Lincoln Operations and its image.

Since all the task was done in China, there were worries about the quality of the product and the brand reputation of the organization. In order to keep up with the quality, a gigantic measure of cash was invested into the hardware, and examiners were purchased from the United States on the ordinary premise. Those reviewers would review the system and ensure that nothing had been changed and similar brand esteem remained that was there previously. Lincoln workers dependably accepted and stayed devoted to the Lincoln way and unequivocally put stock in the rationale of rewards and commission. Along these lines, even though there were no designs to present any of those motivations in China, those issues were genuinely talked about.

After officially operating the business acquiring new workers was one of the fundamental difficulties. During the time brand Lincoln was extremely new in the Chinese market and there was a cultural difference in approaching the work in the organization. In the organization, all representatives needed to experience a multi-month probation period (three months), some of them left very early and others were approached to leave. In different cases, representatives were confused about the expectations of Lincoln. So, the additional time on surveying and working with the applicants were done and both parties point of view were comprehended with this movement by enlisting an administrator. Since there was no certification of any sort in the business, it certainly was a difficult occupation and the pay levels were slightly high when contrasted with other outside organizations.

Introduction

The Lincoln Electric Company was established in 1895 by John Lincoln, an electric engine designer. His sibling James, another electric designer, ended up the general director of the organization in 1914. The organization’s top product offerings included welding gear and battery-powered batteries for electric cars (lincoln electric, n.d.).

After World War II, Lincoln Electric was the biggest maker of bend welding gear on the planet. This sort of hardware was flexible and brought about more grounded bonds. It contained asbestos to improve its flame-resistant characteristics, a reality that imperiled the organization’s laborers. Due to the organization’s welding skills, it got various ship-fix assignments from the Navy during this period. Representatives of Lincoln Electric who fixed boats confronted considerably higher dangers of presentation since Navy boats were to a great extent delivered with asbestos too.

It was during this time Lincoln Electric embraced a far-reaching ‘ensured business’ strategy. It guaranteed never to lay off any laborer who had been with the organization for at least two years. Lincoln Electric extended activities amid the 1950s and ’60s, and in 1953, its first universal division opened in France. At the point when deals altogether declined during the 1970s and ’80s, the organization remained consistent with its no-cutback strategy.

The 1990s brought another surge of offers and mechanical development to the organization, set apart by the extension of the workforce and many new acquisitions. It additionally recovered its situation as the pioneer in the welding business. Lincoln Electric is yet one of the world’s chief fashioners and producers of welding hardware. Despite the fact that it keeps up its base camp in Euclid, Ohio, it has fabricated tasks in excess of twenty nations and disperses items to increasingly hundred sixty nations.

Lincoln Electric Holdings Inc., as of now a giant in the realm of welding, has enormous designs for 2020. The welding gear maker is hoping to twofold its deals from 2010 by that point, with its sights set on $4.5 billion in income which was confirmed by CEO Christopher L. Mapes. The organization will attempt to do as such by proceeding to develop all around, by procuring increasingly related organizations, and by making new items (McCafferty, 2013).

Administrative strategies

At the point when Lincoln Electric opened another branch in Shanghai, China all the exiled personnel administrators who were sent to China to supervise the activities started to ponder whether the new administration arrangements ought to be presented or not. Lincoln is an outside organization in China and had its very own administrative strategy. The ‘Lincoln way’ was the administration strategy that had the plan that lone paid workers for what they created. And furthermore, they had a reward system that furnished the workers with year-end rewards dependent on their presentation. Since the administration arrangement of Lincoln was the fundamental contributing variable for being a predominant power in the commercial center. Likewise, Lincoln toward the finish of the assembling procedure discovered that Lincoln probably won’t almost certainly ensure its protected innovation. It changed its view so rather than an assembling accomplice, Lincoln chose uniquely to look for coordinated efforts with its wholesalers due to the unpleasantness of local organization partners (O’Toole, 2013).

Lincoln dependably put a belief in the inspiration and how individuals are constantly persuaded and regarded and furthermore chances given to utilize their abilities in their employment. Lincoln’s specialists are not paid constantly, weekly, or in senior positions rather they arrange dependent on the product they manufacture for Lincoln. The more the workers produce the more they win. This is the logic behind the organization. In light of every specialist’s yield, quality, versatility, constancy, quality work, collaboration, thoughts, participation, and dedication they get a legitimacy-based reward. Lincoln representatives at each level say the slogan ‘We are all in this together’ (Samavati, 2008).

So, at whatever point the organization is in an outside land and they will work another endeavor there the things must be appropriately concentrated and after that operate. In China, things are not quite the same as in the west. There are diverse work laws in China that have been making a course for globalization in worldwide organizations and their administration arrangements have driven momentous accomplishments to them. Work dispatch administrations are the best alternative for remote organizations to run effectively with minimal effort and an adaptable contracting process. In the present setting, whether the organization requires requesting due dates, any organization can contract a transient worker in China which makes things easier. So, it is prescribed to pursue the work dispatch benefits in China to maintain a fruitful business with minimal effort and powerful marked items. There are bunches of dispatch offices in China that permits both administration and workers some affirmation in working together. One of her greatest qualities of Lincoln ought to be affection and gratefulness for her workers. The fundamental proposal for extraordinary business for the board ought to be its client’s different preferences. The present market pattern and great quality items.

Brand value and Quality

There was an extraordinary test not to lessen the quality brand that was made by the Lincoln Brand in China. Since the organization in China was simply settled and the procuring was going on the fundamental test was to keep items unblemished. So, when the task developed well in China, the fundamental concern was the accessibility of hardware, and on the off chance that there was no more apparatus accessible, at that point what must be accomplished for it? The chiefs or top-level workers got the machine required, the statistical surveying, for example, particular sort of item individuals needed, advertise patterns, etc. The quality confirmation was done every now and again to check whether the nature of the item was flawless or not. Investigations were carried out on sort of another item that sells well in the welding business. The effect of creating numerous items and the quality measures to make the nature of the item progressively marked. There is a great deal significance of brand and nature of the item. Brand consistency implies extraordinary items which mean more clients. This prompt creates a progressively marked item and profits in the potential market.

The utilization of appropriate technique, apparatus, and great administration the nature of the item has its esteem. Lincoln Electric has actualized these variables to ensure that the nature of the item is amazing and is in line with the brand’s esteem. The credit for the effective usage of brand esteem goes to the representative’s diligent work, commitment, and devotion toward the organization.

Also, global advertising has turned into a built-up unavoidable truth for more organizations. Most little contemporary organizations have a desire to ‘go worldwide’ and this aspiration is additionally upgraded or made simpler with the development of a web-based electronic business that can productively connect firms from around the world in an immense electronic commercial center. For a worldwide organization to be fruitful, it must decide the suitable and successful channel structures and systems to viably advertise its item. A promoting channel is a lot of practices or exercises important to exchange the responsibility from where it was created to the selling point. It is the manner in which items and administrations get to the customer and are likewise alluded to as conveyance diverts in certain circles (Azuayi, 2016)

Practical administrative HRM proposals which can be drawn from the Lincoln case are accompanying. Lincoln’s HRM methodology depends on a best-fit methodology intended to accomplish an ideal vertical fit within the general corporate system with a solid arrangement towards the focused key targets of representative efficiency and item quality on the organization’s residential American market. Lincoln is massively fruitful on the U.S. showcase since it matches HR ways to deal with corporate, aggressive, and useful dimension techniques to accomplish a reasonable upper hand.

Universally, Lincoln can’t exchange the U.S. model of best fit to its auxiliaries. Natural variables like legitimate necessities and social contrasts make it difficult to utilize a framework that depends on individual execution. Lincoln is constrained in accommodating its HR way to deal with what might be best for strengthening its productivity and quality-driven upper hand (LincolnElectric, 2010).

Cultural difference and Hiring Employees

Lincoln intentionally introduced a provision period of three months for all employees. This made a portion of the worker leave the organization while numerous others were terminated from their occupations. In different cases, the new enlisted representatives needed what Lincoln had anticipated. So, when contrasted with other outside contributing organizations their representatives had generally excellent pay rates. Every one of the representatives with the exception of the chiefs was paid typical pay rates. Employing was intense and in the wake of enlisting the staff at Shanghai, many would leave because of not getting enough motivating force. Since the fundamental method to get cash was to create more items. The conventional Lincoln agenda was not as compelling as it would appear on the grounds that it required the workforce to stand up and make individual proposals. In any case, just the chiefs being in the top chain of command was making the activity as in Chinese society just top hierarchal representatives were relied upon to talk and give thoughts (Lincolnelectric, 2018).

Lincoln is applying the best-fit procedure which goes for upgrading representatives’ capacities and specialized and business information through a noteworthy interest in all-around perceived best work on preparing techniques (Saul, 2012). Precedents are an advanced program for dealing with and building learners, consistent professional training for experienced specialists, and normal work accreditation programs. These activities go for supporting and keeping up the unrivaled effectiveness goals making center abilities contrasted with industry rivals and an upper hand. Lincoln’s way to deal with preparing representatives looks like the inundation preparation directed by Toyota which additionally leads to broad interest in laborer’s capabilities to accomplish the most elevated efficiency and quality.

Conclusion and Recommendations

In today’s economy, almost all companies must consider the opportunities presented by globalization, but global operations also present significant risks. Companies must research and plan thoroughly before engaging in international operations. And they must choose a strategy that matches their capabilities and objectives. The economies of standardization and the responsiveness of customization are competing pressures companies must resolve. The appropriate strategic choice is essential for a company to make the right choices. A major concern for Lincoln in deciding on a global business strategy is the trade-off between global integration and local responsiveness. Companies sacrifice scale efficiencies for responsiveness to local conditions. Companies benefit from a multi-domestic strategy because country managers understand local laws, customs, and tastes and can decide how to best meet them. The system relies upon a sentiment of trust and system accumulated over decades as the eventual outcome of the association’s exhibited obligation to its practices through different difficulties. One favorable position has been a useful result on the systems including the Lincoln plant in Cleveland, Ohio.

The vision, mission, and qualities ought to be appropriately explained. The Critical Success Factor (CSF) ought to be recognized. One of the most important is the inclusion of a motivational structure in the normal organizational structure of the organizations. Other important economic, psychological, and cultural factors can also be incorporated to motivate and in the end, improve the performance of the employees as there is a direct correlation between motivation and performance. The improvement with respect to the advancement of the arrangement must be executed (Hastings, 1999).

References

1. Azuayi, R. (2016). International Branding Strategies of Global Companies. Retrieved from omicsonline.org: https://www.omicsonline.org/open-access/international-branding-strategies-of-global-companies-a-case-study-of-sonyericson-2223-5833-1000S2-008.php?aid=79019
2. Hastings, D. F. (1999, May). Lincoln Electric’s Harsh Lessons from International Expansion. Retrieved from hbr.org: https://hbr.org/1999/05/lincoln-electrics-harsh-lessons-from-international-expansion
3. LincolnElectric. (2010). Strong… And Growing STRONGER 2010 Annual Report. Cleveland, Ohio: Lincoln Electric.
4. Lincolnelectric. (2018). Developing Our People. Retrieved from sustainability.lincolnelectric.com/: https://sustainability.lincolnelectric.com/our-people.html
5. lincolnelectric. (n.d.). Company History. Retrieved from lincolnelectric.com: https://www.lincolnelectric.com/en-us/company/Pages/company-history.aspx
6. McCafferty, R. A. (2013, May 27). Lincoln Electric’s 2020 vision is very bright. Retrieved from crainscleveland.com: https://www.crainscleveland.com/article/20130527/SUB1/305279982/lincoln-electrics-2020-vision-is-very-bright
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The ‘Ordinary Design’ contextual analysis exhibits how a leadership team can impact solid preparation and execution activities inside their association. A few associations neglect to be bigger than what they are possible in light of the fact that their leadership team doesn’t have the right administration abilities required for their workers (Ely, Ibarra, and Kolb, 2011). Hierarchical achievement depends on solid administration aptitudes to upgrade efficiency, development, and accomplishment in their association (Bruce, 2011). This contextual investigation gives a chance to talk about the adequacy of these activities as it identifies with accomplishing hierarchical objectives.

The advisor made good strives to create learning encounters that would exhibit great initiative abilities which included preparing. The other business college in the fact the two teachers were utilized in the preparation program to support and guarantee the correct aptitudes as well as capacities remain instructed to individuals engaged with the association. Using specialists which are in their respective fields to assist with preparing for initiative improvement demonstrates their significance in the process of building up an effective run-of-the-mill plan aimed at the authority which is part of the included association (Gallos, 2006). Additionally affirmed through the assortment of methodologies that these two educators utilized in building up an effective strategy for authority strengthening inside the association.

The two business teachers that are responsible for the preparation directed a multi-day class that concentrated on positions of authority in changing the board, aptitudes expected to actualize alteration, besides inspirational applies for application (Gallos, 2006). Principal Day involved assembling study input from the taking interest representatives’ associates to check and set an establishment of current qualities and shortcomings. This was trailed by contextual investigation audit sessions in a study hall education condition that some individuals may find easier or harder individual experience remained communal, with onsite hands-on training exercises towards assistance relate the scholarly ideas (Gallos, 2006). Using a huge number of different styles and techniques aided the leadership team to copy such encounters in the associations inside a preparation domain, though concentrating continuously on the different involvement and individual authority style.

Elucidation

The people chosen by the specialist were the initial phase in guaranteeing that the normal changes from the preparation program would bring about incredible achievement. The advisor chose two teachers from a business college that were specialists in the initiative and had the fundamental aptitudes, capacities, and character required to finish the activity (Gallos, 2006). The teachers conveyed a four-day study hall preparing the authority individuals engaged with the association. Lee-Kelley and Blackman (2012) refer to preparing as an effective mediation technique for advancing authoritative development through the improvement of representatives. The expert for this situation study achieved only that by focusing on fitting individuals as it identifies with the associations’ key procedures to create a solid leadership team.

Furthermore, it’s similarly essential to encourage a learning domain that envelops an assortment of methodologies (Lee-Kelley and Blackman, 2012). Notwithstanding the study hall learning, knowledge sharing as it identifies with the individual, and handy application was likewise given to enable adequate time to ace the ideas. In addition, the students were likewise associated with many arrangements and different inputs, which assisted mutually different specialists as well as mentors towards comprehending much pertinence which individual preparation also gave direction towards arranging their powerful ideas to the great conveyance (Gallos, 2006). They additionally released additional exchanges in which particular regions remain functioning admirably, towards feature significance in what way administration techniques impact working environment practices.

Viability of Hierarchical Counseling Techniques

The specialist gave an effective strategy for preparing the included people. This included sharing individual educational encounters among their kindred learners. Through this procedure, they had the option to build up the correct dispositions toward the idea of authority aptitudes and capacities as it identifies with hierarchical achievement. The knowledge distributed between them made an exchange improves educated data in many different useful ways to be better (Gallos, 2006). This procedure incorporated the difficulties of chiefs’ involvement in the tasks of their day-by-day exercises and duties (Carver, 2011). Through the sharing procedure, the included gatherings can distinguish past errors and gain proficiency with the correct apparatuses to manage an assortment of difficulties experienced while playing out their administration obligations (Lee-Kelley and Blackman, 2012).

Aside from this, the advisor gave fitting preparation regarding the aptitudes obligatory for executing alteration. This idea and change are significant pieces of creating solid preparation activities, since the leadership team necessity to learn what alteration is required, and in what way to actualize it (Bruce, 2011). Aimed at this portion, a blend of communal encounters besides authoritative contextual investigations was looked into, to help draw administration methodologies that help change the executives’ procedure. One case has been founded in the idea dealing with promoting which remained generally utilized by senior pioneer Charlotte Lagers, from Ogilvy and Mather. This association exhibits the necessary authority abilities important to turn around a huge association through the promotion of its items, which brought about a noteworthy improvement in hierarchical achievement (Gallos, 2006). These authority ideas were all around used by the specialist and exhibited a solid interview in the administration preparing process. This preparation was imitative gives the leadership team the fundamental foundation pertinence, and expected aptitudes to improve their tasks.

Research Combination

With preparing activities being an essential segment to meeting execution goals as it identifies with hierarchical well-being, thoughtfulness regarding an assortment of preparing strategies is reasonable to improve and streamline the learning knowledge (Lee-Kelley and Blackman, 2012). Everybody adapts in an unexpected way, accordingly, it’s essential to join an assortment of strategies into the learning condition, for example, hands-on activities, study hall address, PC-based preparing, shadowing, and false situations. The ‘Normal Plan’ contextual investigation speaks to the prioritization of administration preparation as it identifies with the authoritative system, and was undermined by an assortment of ways to deal with the assistance that students use the tools that they are provided in various manners. The current upgraded preparing background sets the establishment for execution, and it is in actuality a basic component of early introductions (Bruce, 2011). Workers who have incredible learning knowledge are bound to join the data better, bringing about expanded inspiration and efficiency (Bruce, 2011). In this manner, the members of this contextual analysis will be able to make the data that was learned as well as apply it by doing so they will be able to at the very least own involvement and style to advance administration eminence and structure inside the association. Deprived of focused preparation, representative conduct will be managed by past/current experience just, regardless of hierarchical course and objectives (Lee-Kelley and Blackman, 2012).

Moral Ramifications

It isn’t remarkable to get potential moral ramifications from preparing activities, and this contextual analysis is the same. One significant moral thought towards addressing the hierarchical counseling point of view is the technique to which the associate input was gotten. The recognized issues from the input might be slanted if the criticism suppliers were worried about their namelessness and potential reprisal by voicing their feelings uninhibitedly (Ojo, 2009). It’s indistinct how the input was gotten by the contextual investigation subtleties, however, it could possibly disregard Segment 4: Security and Privacy of the American Mental Affiliations Code of Morals if the criticism was not mysterious (American Mental Affiliation, 2017). An optional concern emerges with the potential infringement of Area 4: Security and Privacy of the American Mental Affiliations Code of Morals, if the joined utilization of shared experience doesn’t stay inside the preparation condition. Commonly, the sharing of individual encounters requires an implicit (and here and there spoken) rule in maintaining privacy with the data examined (Bruce, 2011). Tragically, this contextual investigation doesn’t talk about this confinement and is subsequently a potential obligation in the absence of unanimity.

Thus, this contextual investigation additionally distinguishes a restricting moral ramification is the potential infringement of Area 7.04: Understudy Revelation of Individual Data of the American Mental Affiliations Code of Morals, because of its utilization of shared individual encounters inside the preparation program (APA, 2017). Contingent upon the sort of data shared, the expert might be infringing upon members who remained to unveil data identified with their own involvement in dealing with sexual contact. Deprived of having plainly distinguished a component of the preparation before initiation. Hazy as it may be this kind of close-to-home data was revealed, so it is just a potential infringement dependent on the data given for the situation study.

A third potential infringement is found inside this contextual analysis concerning Area 3.07: Outsider Solicitations for Administrations of the American Mental Affiliations Code of Morals, by not evaluating the circumstance with every single key partner (APA, 2017). The contextual analysis diagrams which solitary bunch of administration individuals visited, should require to incorporate the individual’s associates in light that the arrangement of a person’s improvement (Gallos, 2006). Which procedure infringement since this would not be comparative with the association overall, those who are friends to individuals that are in leadership roles that work with each other. Accordingly, it was accounted for that a large number of the leadership team that has finished the preparation discovered an absence of help, as well as comprehension in figuring out new, ways to learn and expand on the ideas to want to be better, techniques as well as styles towards individuals whom they work with.

Proposals

One proposal is to have the expert consolidate other mediation techniques that upgraded the learning background as it identifies with the authoritative system. For example, the utilization of workshops where initiative individuals as well as individuals whom they work with in addition to assembled dependent continuously taking their roles otherwise business elsewhere in which explicit preparing was given which could have made an interpretation of educated data towards a better fictional way to apply the applications needed. Resulting this suggestion would abstain from abusing Segment 3.07: Outsider Solicitations for Administrations of the American Mental Affiliations Code of Morals (APA, 2017). This is on the grounds that every single key partner would be engaged with the procedure that is social to their particular occupation capacity and job. Besides, this proposal would likewise likely dodge a potential infringement of Area 4: Protection and Classification of the American Mental Affiliations Code of Morals, giving a sheltered and solid environment to facilitate the exchange among the pioneers concerning difficulties forced through individuals going through the same problems. This is on the grounds that it remains regularly simpler to uncover individual data in a littler gathering to a bigger gathering. Workers in similar roles, as well as jobs inside the gathering, will give a sheltered stage to share their difficulties which their kindred learners will discover simpler to identify with.

An optional suggestion is around the utilization of the criticism accumulated before the beginning of the preparation program. Input is a useful apparatus that can be utilized as a beginning stage during the evaluation procedure to recognize the present condition of the association for the qualities as well as shortcomings (Gallos, 2006). The specialist scaled criticism, it’s vague on the off chance that it was unknown, along these lines the proposal is guarantee it the underlying input given is mysterious to maintain a strategic distance from the potential for worker counter (Ojo, 2009). Moreover, it is useful to get input post-preparing, from the members, and all the more critically, from the associates influenced by the use of the preparation. This depends on the real usage and achievement of the data taken in and applied from the preparation program. It’s hard to state how compelling the preparation activity really was on the grounds that there was no appraisal made to assess its result, which is a necessary segment of a fruitful mediation program (Gallos, 2006).

The case I will be talking about is the Jodi Aries case and what happens If I was the judge in the retrial, and whether or not the outcome will be the same. Jodi Arias was born in 1980 in Salinas, California to parents Bill and Sandy Arias. She has one older half-sister, plus one younger sister and two younger brothers. Arias dropped out of high school, later obtaining her GED, and moved around often as a young adult. The first-degree murder trial of Jodi Arias, who is accused of the brutal killing of her one-time boyfriend, Travis Alexander, will outline the twists and turns in the investigation into his 2008 death, as well as Arias different versions of exactly what happened during their brief relationship.

Now calling Jodi Arias to the stand. She was charged with the murder of her ex-boyfriend Travis Alexander in June 2008. After the gruesome murder was revealed, Arias testified during the 2013 trial that she had killed Alexander in self-defense which the juror didn’t really believe her. Jodi felt like she was treated like an object by Travis and she didn’t like that. She stalked him and even moved into the same neighborhood he was in to see who he was seeing when she is not around. She and Travis were together for 5 months before going their separate ways but was still in sexual relations which caused Jodi to be extremely jealous. According to Juror “Alexander got killed on June 4th, 2008 but was found dead in his shower on June 10, 2008 by friends who began to search for him after the salesman had missed two appointments. The crime scene was exceptionally gruesome. Alexander had been stabbed over 30 times, his throat had been slit, and he had been shot in the head”. Her jealousy led to her killing Travis but denied it saying they were attacked by two masked killers and she escaped but one of them killed her ex-lover.

On Oct 5 and then Oct 13, 2013 the Pre-Trial hearings in the Jodi Arias murder case are held in private after I (the judge) closed them to the public. It is extremely unusual for a hearing of this nature to be closed to the public. But I (the judge) obviously felt there were extenuating circumstances attached to the case, which I believe was true and therefore the right course of action. Jodi Arias was convicted of first-degree murder in Maricopa, Arizona in May 2013, but the jury was unable to reach an agreement when it came to the sentencing phase, regarding whether or not she should receive the death penalty. In the pre-trial, she was denying ever being involved with the murder of Travis Alexander. She was still sticking to what she said first about the two masked killers who took them, and she escaped, and Travis didn’t. Later, Jodi Arias confesses to killing her ex-lover Travis Alexander. At first, the jury was adamant about giving her life with the possibility of parole after 25 years but after what Jodi did and how she goes about doing the murder they decided to not give her the parole and wanted to include the death penalty.

Due process means fair treatment through the normal judicial system, especially as a citizen entitlement. In the United States, due process is outlined in both the Fifth and Fourteenth Amendments to the Constitution. The specific aspect of due process law in arresting and trying persons who have been accused of crimes and also to any other government action that deprives an individual of life, liberty, and property. No one can be deprived of anything without due process. After my evaluation there definitely was the due process associated with Travis Alexander murder and the charges Jodi Arias will be facing. Arias claimed she didn’t get a fair trial, but the court and I think she did. She had the opportunity to defend herself, but she wasn’t really sure what to say because she didn’t have sympathy for killing him. Jodi Arias is getting a fair trial because she killed someone, and she is going to be charged with first-degree murder and most likely will be found guilty. The court follows the fifth Amendment about the due process because Miss Arias is going to get deprived of life, liberty, and property after being convicted.

The 5th amendment of the constitution states that “any U.S citizen who has been accused of a criminal offense has the right to have his or her case tried Infront of a judge or jury”. Because you are innocent until proven guilty, the court must prove you are guilty. Jodi was saying she was innocent and that someone else killed Travis Alexander, but the jury needed the right evidence to prove she was guilty. This is where the burden of proof comes in. The burden of proof means the obligation to prove one’s assertion. Assertions mean a confident and forceful statement of fact or belief. In other words, you must be able to prove that the person is guilty of the crime they supposedly committed. Anytime a person is accused of a crime, the state becomes responsible for proving his or her guilt in court. To do this, a prosecutor must be able to submit evidence to support the state’s charge which in this case they did. The camera that was used to capture every detail of the crime was later found in the washing machine of Travis Alexander’s home. Some footage was damaged because of the water but the crime scene investigator worked hard to recover this damaging footage and there they saw Jodi Arias all on the camera leading up to the murder she committed. As a result, the responsibility of proving the case or the burden of proof lies completely on the prosecution. We never want to see somebody do bad but in everything, we do we have to follow the amendment and do the job we are here to do.

You cannot be tried for the same crime- I agree because by law no one should be tried with the same crime more than once according to the fifth amendment. The Fifth Amendment to the U.S. Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb. This protection against “double jeopardy” is intended to prevent the government from retrying the same defendant over and over until prosecutors can get a conviction” (Balko. R, 2011). Even though Jodi Arias stabbed Travis Alexander over 30 times, slit his throat and shot him in the head she can only be charged for 1 count of murder. You can charge someone with the crime and also with the conspiracy to commit the crime, but you can’t charge them with the same exact crime. Secondly, the U.S. Supreme Court has ruled that the government can charge a defendant with both crime and the conspiracy to commit that crime without violating the constitutional prohibition on double jeopardy. This gives the government two opportunities to convict Arias for essentially the same offense. But people that work for the government sees this differently. They believe that whenever they make a conviction, they are making their career and becoming better at It which can stray away completely from the case and remembering what we are all here to do.

I, however, feel like Jodi Arias should’ve gotten the death penalty since the crime happens in Arizona and we have the death penalty here. Some people think life without the possibility of parole is a good thing for her, but others think she should’ve gotten the needle. How can someone so willingly kill an individual in three different ways; stabbing him over 30 times, then proceeds to slit his throat and after all that still took a gun and shot him in this head. A crime like that was with intent and you Jodi Arias deserves to die by the needle.

In conclusion to this Jodi Arias trial shouldn’t/ and will not be happening again, she needs to do her sentenced in prison and remained there. If she is going to get a new trial, she needs to be put on the death penalty instead of life in prison without the possibility of parole. Jodi Arias got what she deserved, and she shouldn’t be thinking she didn’t get a fair trial when she actually did. Ms. Arias should be grateful she didn’t get the death penalty that Arizona has to offer, and the state of Arizona later feels like this was a mistrial because they strongly believe she should get the death penalty and I do too.

Reference

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