Monday, August 26, 2019
Juvenile and Adult Courts Essay Example | Topics and Well Written Essays - 1000 words
Juvenile and Adult Courts - Essay Example It was perceived, due to the influence of industrialization and modernization, that the children were corruptible innocents and that their upbringing demanded greater structure as prerequisite to adulthood than that had been previously regarded. Based on the assumptions of the social scientists who suggested that children are not responsible for their actions in the same way as adults since they are not fully developed, the idea of juvenile justice system was emphasized. According to this view, juvenile criminality is a kind of youthful illness, which can be cured by relocating the juvenile to a better family life in a rural setting. Thus, the first court designed specifically to deal with children was established in Chicago one hundred years ago which led to the growth of a separate juvenile justice system nationwide. "Juvenile courts are responsible for dealing with children who are accused of committing two types of offenses: status offenses - violations of laws with which only ch ildren can be charged (e.g., running away from home); and delinquency offenses - acts committed by a child which, if committed by an adult, could result in criminal prosecution." (Young and Gainsborough, 2000, p 2). Significantly, the premise on which the separate juvenile system rests is that children are developmentally different from adults and that more amenable to treatment and rehabilitation to juvenile criminals can be ensured by this system, unlike the adult criminal justice system. Therefore, it is essential to regard the juvenile justice system and the adult criminal justice system as two separate systems of justice founded on different philosophies, even though there are elements of close resemblance in both the systems. In a comparative analysis of the juvenile justice system and the adult criminal justice system, it becomes evident that the juvenile court system has been historically distinct from adult courts and both the systems are founded on divergent philosophies. Whereas the adult criminal justice system emphasizes the punishment of criminals, the juvenile justice system is mainly concerned with the rehabilitation and treatment, along with community protection. Rehabilitation and treatment are not primary goals in the criminal justice system and the guiding principle of this system is that criminal sanctions should be relative to the offense committed. On the contrary, "the juvenile justice process centers on the individual child and takes into account the child's problems and needs, focusing less on punishment than on helping the child to change and so minimize the likelihood of future criminal behavior." (Young and Gainsborough, 2000, p 2). Although there has been an important speculation in the recent years that the clemency within the juvenile justice system is not always the best option for all cases, it is constantly emphasized that there are several momentous differences between the juvenile and adult courts. The terminology used within the juvenile and adult courts offers one of the main differences between the two systems. "For juveniles who are brought into court, the terminology refers to the situation as an 'act of delinquency'. In the adult court the term 'crime' is used. Another difference is the way in which
Sunday, August 25, 2019
Plant and Fungus Essay Example | Topics and Well Written Essays - 500 words
Plant and Fungus - Essay Example Variably, fungi that include mushroom and yeast contribute in the preparation of beverages and are of medical value. Notably, my personal interaction with plants and fungi depicts positive results and their relevance in facilitating individual’s wellbeing. The organisms bear fruits, seeds and other products that are of high value to human life. Most people have been using the yields from the organisms as a source of food, fuel, energy and beverage. It has come into my attention that some seed plants and fungi are good medicinal products that are used in curing certain diseases that affect human development (Jabr, 2011). Secondly, the yields from the items are used in achieving nutritional balance since they provide food rich in diverse nutrients. Similarly, fungi organisms are widely depended on by most farmers as farm fertility boosters as they facilitate decomposition and recycling of organic matter (Reece, Urry, Cain, Wasserman, Minorsky, Jackson & Campbell, 2014). Farmers use them in ripening Roquefort and other products including blue cheese. From my interactions with the organisms, it is apparent that human welfare and vibrancy is dependent on the kind of food items, products one uses and the freshness of the environment. No one can thrive without consuming healthy food with superior nutritional content and breathing fresh air. It is inevitably true that I am in the business of using various types of plants and fungi, and they are affecting my life positively. In particular, I use maize, rice, wheat, mushroom and potatoes as food in most occasions. The food items constitute my favorite meals ever since, and their preference is based on the nutritional value (Reece et al, 2014). Subsequently, flowering plants such as tea, coffee and cocoa have formed key sources of my beverage. On the other hand, yeast that is a renowned type of fungi remains a vital source of my alcoholic beverage.
Saturday, August 24, 2019
Argue which three employability skills (Communication, Citical Essay
Argue which three employability skills (Communication, Citical thinking and teamwork) employers would consider to be the most im - Essay Example The feature of teamwork is a fine example to focus on in that the two afore-mentioned characteristics (communication and critical thinking) come in to play in terms of what any a position demands with regard to a clear understanding of overall goals and the expected role to be performed. An understanding and ability to perform well in a team is critical. The following essay focuses on these three elements of communication, critical thinking and the value of team work/being â€Å"a team player†, a person who is comfortable working in a team. The latter characteristic, team work, expresses what it takes to achieve employment. While the former two are indispensable, it demands the ability to work in a team to bring out one’s skills of communication and critical thinking. Communication Being a â€Å"good†communicator is essential. Within health care, it can take several different forms, it can be paternalistic or empathic and caring and involve the patient in decisi ons regarding his/her care (Brotherton et al., 2006). A nurse’s communicative skills reflect the major goal of nursing, namely being person-oriented and humanistic in one’s practices and patient care. ... Communication must be person centered. This allows us to look at ill-health as linked to human beings and embedded in the life course of individuals, a life course that is specific and continually changes, develops and is highly complex. Communication must, thus, rest on an understanding that sickness and related impairments have various social and psychological dimensions. In one’s communication and care for the patient one must realize that there are two sides to sickness, â€Å"disease†(biological malfunctions recorded as particular disease categories, e.g., cancer, neurological disorders, cardiac diseases, palsy) and the response to these by patients and their carers (family), the â€Å"illness experience†. The diagnosis of disease is based on external medical criteria. â€Å"Illness†, on the other hand, is defined as the personal reaction to â€Å"perceived disease†. Illness is, by this definition, a personal construction and refers to the wor ld of the patient, his/her coping with illness. The distinction between â€Å"disease†and â€Å"illness†provides a view of the social and psychological complexities involved, and is fundamental to a comprehension of the patient (Good 1994). Critical Thinking On the top of a potential employer’s list is often a candidate’s problem-solving skills, i.e. a person’s ability to successfully to complete a task and/or solve a problem, which may involve a great deal of creativity and/or pooling of his/her team’s resources (see on â€Å"teamwork†below).. The next characteristic to be stressed therefore, the faculty of critical thinking, shapes and is shaped by the previously-discussed fundamental communicative approach to the patient as a human being. These two attributes are clearly interlinked. It is
Friday, August 23, 2019
Nuclear Armageddon Essay Example | Topics and Well Written Essays - 500 words
Nuclear Armageddon - Essay Example As such, the preceding political and foreign ideologies were mostly controlled by this fear that had affected the entire globe. The competition between the west ideologies and communism was one of the major events that sparked fears of atomic weapons between the Soviet Union and the US. The cold war that emerged immediately after WWII was rapidly taking shape. In this case, the US and USSR were pulling sections of the South East Asia to either side, which was aggravated by China joining the Soviet Union as a strong ally against the west ideologies (Ringer, 320). The struggle over Korea fueled the cold war as the two super powers threatened to use any means possible to win the war. For instance, the coming to power of President Eisenhower in 1952 reintroduced the nuclear threats as a warning to the Soviet Union to desist from any form of aggression (Ringer, 321). Eisenhower had a new defense policy that deferred from Truman’s policies in that the new administration relied more on threatening to use nuclear weapons rather than conventional military weapons as a response to communist aggression during th e cold war (Ringer, 321). The pursuit of brinkmanship involved each side threatening to use nuclear weapons, though with no attempt to engage in any armed conflict. These threats increased fears of an imminent nuclear war across the globe. The formation of SEATO as counterpart to NATO in South East Asia fuelled the fears of nuclear weapons as the conflict took another dimension. Afterwards, the US rejected the USSR proposal to disband NATO and the Warsaw Pact (Ringer, 321). Moreover, the Society denied the possibility of having Eisenhower’s Open Skies ideology that sought to allow the reconnaissance of military empowerment on both sides. The Cuban Missile Crisis was an event pushed the fears of another nuclear confrontation to a new level as the world was on the brink of nuclear war. While the US gladly welcomed Castro’s revolution in 1959,
Thursday, August 22, 2019
Police Corruption Essay Example for Free
Police Corruption Essay Corruption is a complex problem having its roots and ramifications in society as a whole. Corruption is defined as â€Å"improper or selfish exercise of power and influence attached to a public office or to a special position one occupies in public life†Definition of corruption is sufficiently broad to include a range of such activities: â€Å"A public official is corrupt if he accepts money or money’s worth for doing something he is under a duty to do anyway, that he is under a duty not to do, or to exercise a legitimate discretion for improper reasons.†[McMullan (1961: 183-4)]  Punch (1985) broadens this definition in two ways. He defines corruption as occurring: â€Å"When an official receives or is promised significant advantage or reward (personal, group or organizational) for doing something that he is under a duty to do anyway, that he is under a duty not to do, for exercising a legitimate discretion for improper reasons, and for employing illegal means to achieve approved goals.†Punch has broaden the definition in the way that corruption is not always individual it can be in group or organizational and sometimes it also involves illegal means to achieve the goals.  Corruption in one form or other has always existed in the country. The Bofors, HDW Submarine deal, Airbus deal, ABB Loco deal, Jain Hawala Racket, Sugar scam, Security scam, Urea scam, Fodder scam, etc., are a few example of corruption in various departments. The tentacles of corruption have spread to the system of governance –from civil-political-military. Thus no institution can claim itself to be free from corruption. It has now become the part of life and is a problem that has and will continue to affect us all, whether we are civilians or law enforcement officers.  Unlike the other executive wings of the government, the police,   which have maximum visibility in the society, are a pet theme for such corruption. In police, corruption is usually viewed as the misuse of authority by a police officer while in duty to fulfil personal needs or wants. Few facts about police corruption: It is: Pervasive – corrupt practices are found in some form in a great many police agencies in all societies; A continuing problem – there is evidence of corrupt practices from all stages of police history; Not simply a problem of the lower ranks – corruption has been found at all levels of the police organization; Not simply financial: activities (including ‘process’ activities) extending beyond bribery and extortion have been found. For a corrupt act to occur, three distinct elements of police corruption must be present simultaneously:  1) Misuse of authority,  2) Misuse of official capacity  3) Misuse of personal attainment. (Dantzker, 1995: p 157) It can be said that power inevitably tends to corrupt, and it is yet to be recognized that, while there is no reason to suppose that policemen as individuals are any less fallible than other members of society, people are often shocked and outraged when policemen are exposed violating the law. General police deviance can include brutality, discrimination, sexual harassment, intimidation, and illicit use of weapons. Police corruption is a universal problem that has its regime in many countries and is a recurring issue that cannot simply be away by repressive measures. Police officers are the state made flesh and plays a role of law enforcers, problem solvers and the most direct representatives of the state. They give their visible, uniformed, 24-hour presence on the streets and their crucial involvement in social intervention and law enforcement. If they are corrupt, then the citizens will lose their confidence in them. Police corruption is not an individual aberration it can takes place from patrol to chief and can be generated by the organization itself. Corruption within police departments falls into 2 basic categories, which are external corruption and internal corruption. External corruption: It involves the relation of police with the public and can involve one or more of the following activities: Payoffs to police: By essentially non-criminal elements who fail to comply with stringent statutes or city ordinances; (for example, individuals who repeatedly violate traffic laws). By individuals who continually violate the law as a method of making money (for example, prostitutes, narcotics addicts and pushers, professional burglars). 2) Clean Graft where money or courtesy discounts or gratitude is paid to police for services. Internal corruption: It is the relationship between various officers within the police department. Police corruption comes in various shapes and sizes from the major drug trafficking and money laundering to looking the other way on minor everyday violations of the law. The typology of police corruption given by Roebuck and Barker (1974) has eight categories, to which Punch (1985) has added a ninth one (Table I). TABLE I Types and dimensions of police corruption. Types                       Dimensions 1.       Corruption of authority           2. ‘Kickbacks’                                 3. Opportunistic theft              4. ‘Shakedowns’         5. Protection of illegal activities          6. ‘The fix’          7. Direct criminal activities         8. Internal payoffs       9. ‘Flaking’ or ‘padding’                      When officers receive some form of material gain by virtue of their position without violating the law per se (e.g. free drinks, meals, services) Receipt of goods, services or money for referring business to particular individuals or companies Stealing from arrestees (‘rolling’), from traffic accident victims, crime victims and the bodies or property of dead citizens Acceptance of a bribe for not following through a criminal violation – not making an arrest, filing a complaint or impounding property Police protection of those engaged in illegal activities (prostitution, drugs, pornography) enabling the business to continue to operate Undermining of criminal investigations or proceedings, or the ‘losing’ of traffic tickets A police officer commits a crime against person or property for personal gain ‘in clear violation’ of both departmental norms and criminal law Prerogatives available to police officers (holidays, shift allocations, promotion) are bought, bartered and sold Planting of or adding to evidence (particularly but not exclusively in drugs cases; Punch 1985)  Causes of the police corruption: To find out the causes of police corruption one has to focus on the nature and the kind of police work. One of the old explanation suggests that corruption is the product of â€Å"Bad Apple†i.e. corruption is due to few number of police officers who are quite unrepresentative of the wider standards exhibited by the organization. Factors of police corruption: Constant factors Variable factors Constant factors include the following: Discretion: The exercise of discretion is argued to have both legitimate and illegitimate bases. Low managerial visibility A police officer’s actions are often low in visibility as far as line management is concerned. Low public visibility Much of what police officers do is not witnessed by members of the public. Peer group secrecy ‘Police culture’ is characterized by a high degree of internal solidarity and secrecy. Managerial secrecy Police managers have generally worked themselves up from the ‘beat’ and share many of the values held by those they manage. Status problems Police officers are sometimes said to be poorly paid relative to their powers. Association with lawbreakers: Police officers inevitably come into contact with a wide variety of people who have an interest in police not doing what they have a duty to do. Variable factors Community structure: Refers to the degree of ‘anomie’, the political ‘ethos’, and the extent of culture conflict. Organizational characteristics: Levels of bureaucracy, integrity of leadership, solidarity of work subcultures, moral career stages of police officers, and the perception of legitimate opportunities. Legal opportunities for corruption: Moral: so-called ‘victimless crimes’ (Schur, 1965) associated with the policing of ‘vice’. Regulative: the exploitation of minor or trivial regulations such as those associated with construction, traffic and licensing. Corruption controls: How the guardians are themselves ‘guarded’. Social organization of corruption: Two basic forms: ‘arrangements’ and ‘events’. ‘Moral cynicism’: Association with lawbreakers and contact with temptation is inevitable in police work, inclining officers towards moral cynicism. Corruption control and Prevention: Basically controlling corruption is the only way that we can really limit corruption, because corruption is the by-product of the individual police officer, societal views, and, police environmental factors. Therefore control must come from not only the police department, but also must require the assistance and support of the community members. Controlling corruption from the departmental level requires a strong leadership organization, because corruption can take place anywhere from the patrol officer to the chief. Various strategies can be followed to control corruption viz., : Human resource management: It includes amendment of the existing system, training and implementation of new procedures.  Anti-corruption policies: Includes policies that would codify the standards of behavior of staff and outline the general parameters of the organization’s response to the problem. Internal controls: Emphasizes on detection and punishment of the wrong doings. External environment and external controls: Involves the attempt to encourage the public to be more vigilant and more willing to report suspicions of corruption. Although the police department have to solve the problem of corruption on their own still some support and assistance from local community is required. Public should be given knowledge regarding the negative effects of corruption on their police agency. They should be taught even ‘gratitude’ i.e. the most basic and common form of police corruption acts as a catalyst for more and future corruption. Earlier we use to think that corruption is a temporary, exceptional ‘problem’ which can be removed by ‘surgical’ treatment, as if it was a malignant cancer, to restore an otherwise healthy agency (the ‘bad apple’ metaphor), but now things have shifted to see corruption as  universal and as forming a permanent concern. All measures to control corruption have to take place in presence of sound leadership, sufficient resources and a battery of measures that should all be reinforcing the same mission and message. Thus it is the healthy leadership which is important and a focus on front-line supervision over the essential primary processes at the base of the organization is required. The police organization deals with people in trouble and people who cause trouble thus its cutting-edge is formed by uniformed officers and detectives in situations of low visibility. There has to be a persistent, patient emphasis on integrity and professional standards and on pushing the message that a corrupt policeman is a criminal, that he or she lets down colleagues and the profession, and that ‘noble-cause’ corruption is self-defeating. This is because, when it is exposed, it makes it more difficult to secure convictions and makes police methods suspect (Rose 1996). Vigilance and realism must be the watchwords of the police administrator seeking to control corruption. The emphasis, then, is on pride, professionalism, standards of competence and performance, legitimacy and of gaining and retaining confidence. Conclusion: To curb the widespread social evil, called corruption the efforts will have to come from both the police and the civil society. Society members should be educated about the negative effects of corruption within the police force and its long term disadvantages. For controlling corruption the police department requires an organization lead by people of strong character and who have good leadership qualities. The departmental goal should be well defined and should be pursued earnestly. According to today’s situation there is more urgent need to address basic issues like improving the working conditions of the police persons, inhumanly long working hours, the inadequate police-population ratio, a pay structure which is not proportional to the work allocated and, the disproportionately low budget for meeting the day to day expenses. All these are some major factors which are responsible for contributing to the image of the Police Force as insensitive and a corrupt organization. As long as citizens are willing to go along with corrupt police officers, just for the reason to obtain favors, there is no way in which corruption can be curbed . Some effective steps should be taken to make the picture cleaner and corruption free for the future generation. Thus one should not perceive corruption and other forms of police misconducts as individual aberrations of an incidental character that can be effectively banished by temporary, repressive measures. Reform of the police is the part of the reform of the society. It is important to focus on corruption control and to open our eyes to other insidious forms of police misconduct and even serious police crime. References: Punch Maurice (2000), Police Corruption And Its Prevention: European Journal on Criminal Policy and Research 8: 301–324. Newburn Tim, Understanding and Preventing Police Corruption:Lessons from the Literature; Research, Development and Statistics Directorate 50 Queen Anne’s Gate London SW1H 9AT. Bracey, D. H. (1992) ‘Police corruption and community relations: Community policing’ in Police Studis Vol 15 No 4, 179-183. Sayed, T. and Bruce, D. (1998a) ‘Police corruption: Towards a working definition’ in African Security Review Vol 7 No 1, 3-14. Thomas KV (2004), Corruption in Indian Police. Holloway Brandon(2002),Police Corruption (2002, November). Police brutality, the copcrimes homepage for law enforcement and government corruption. Available: http://www.copcrimes.com/homepage.html
Wednesday, August 21, 2019
Epistemology - Cognition Essay Example for Free
Epistemology Cognition Essay â€Å"I have found that such an object has always been attended with such an effect, and I foresee, that other objects, which are, in appearance, similar, will be attended with similar effects†. This foretells that with knowledge, our society may be able to associate a certain aspect/detail with an object, but that does not necessarily mean it will always happen. Therefore, Hume, who starts out as an empiricist, has arrived at the conclusion where an individual may not have knowledge at all, of skeptic doubt. This is explored through the three epistemology questions, the process he did take, and what the reader thinks on the matter. According to Hume, with his process of thought with empiricism, thinks knowledge is possible. He believed that all information about the world comes through experience. The contents of consciousness are what he calls perceptions. [†¦] include our original experiences [impressions] [†¦] sense data [†¦] â€Å"internal†world composed of the contents of our psychological experiences [†¦] also include what he calls ideas, or the contents of our memories and imagination. With this approach to whether knowledge is possible, it is clear that he thinks knowledge is possible through experience; through real experiences, sense data, psychological experiences and ideas. It states that one does not have innate ideas with us such as our senses or emotions, that an individual must experience these actions first in order to recognize what they must be. If one does not experience such actions, they are what he calls ideas, â€Å"the copies of them [impressions]†(The Search for Knowledge 69). He also states that, â€Å"We can deny any matter of fact without falling into a logical contradiction. The fact that we feel confident about certain facts of the world is merely the result of our expectations, which are based on past experience†(The Search for Knowledge 70). This theory is called Hume’s Fork, where it is between the relation of an idea and a matter of a fact. This says that society may be sure about our surroundings, but they are not certain. Ideas do not tell us anything about the world, but only our thoughts of what they may be, and matters of facts are knowledge per say, but are not always certain as well. Basically, it shows that one cannot be certain of the world around us, as it may change. With the question of the role of reason within the possibility of knowledge, he believes that, â€Å"We can learn nothing about what lies outside the subjective contents found within our experiences. †(The Search for Knowledge 71), therefore reason cannot be established as the primary source of knowledge. He clarifies his reasoning with the principle of induction and the uniformity of nature. The principle of induction is basically assuming that, for example, since the sun has risen yesterday, it shall rise today and rise tomorrow. Society makes the connection that when an event occurs more than once; one will believe that it shall again happen. The uniformity of nature is where the belief of the laws of nature will continue to commence, therefore it should be still commencing in days to come. Another way he delivers this statement is through the theory of being constantly conjoined. He states that, â€Å"Causes and effects are distinct events†(The Search for Knowledge 73). It can be said that when do an action, there is an equal consequence that follows. If you take the example of where you light up a candle with a match, and then touch the flame, you experience a burning sensation where you have touched said flame. If one repeats this process, one comes to the conclusion that since this has happened in the past, it will most likely be the same or similar in the future. With the third epistemology question of whether reality is represented as it really is, he declares that, â€Å"The only certainty we can have concerns the relationships of our ideas. But since these judgments concern only the realm of ideas, they do not tell us about the external world†(The Search for Knowledge 78). As a result, one can determine that reality cannot be represented as it really is due to the fact that one cannot gain any knowledge from the outside world from our ideas. Ergo, in the world, a person may experience objects such as desks, but this person is uncertain if they are connected to an external world. Hume raises that, â€Å"Impressions are always data that are internal [†¦] hence; we have no data about what is external†(The Search for Knowledge 75). It clarifies his reasoning that society believes that they live in an external world, or that there may be one, but one does not have sufficient explanation as to why this is true. As well, an individual must also question the fact of the self. Hume affirms that, â€Å"If all we can know are sensory impressions or our internal psychological states, then we can never experience the self†(The Search for Knowledge 76). With this in mind, people are certain that they cannot experience a self because it is not a true experience such as a color, which can be experienced. There is no foundation for experiencing the self, as all one has are beliefs, assumptions and ideas, which are never certain. In a few words, Hume is specifying that as a person, one cannot step outside our bodies to see ourselves; that a person can only believe that there is a self. Going back to where knowledge is possible, in the beginning, Hume does believe knowledge is possible with perceptions and impressions. With his thought process, the reader can determine that he has progressed from the thought process of empiricism to skeptic doubt and skepticism, questioning if society has knowledge at all. He believes that in the start, society has knowledge through what he calls perceptions; which consists of the senses, the memory and the psychological states. Overall, society must have experiences if it has developed these sources of knowledge. This in turn concludes that an individual can have knowledge through experience. Since Hume believes that this is the only knowledge an individual can have, he comes to the realization where, â€Å"If all we know are the contents of experience, how can we know anything about what lies outside our experience? †(The Search for Knowledge 70-71). This expresses that one cannot have knowledge, since the foundation he has set is only for our internal thoughts. From this, he describes his thought process of skeptic doubt through causal relations and knowledge of the outside world and self. This clarifies that a person can believe something will always happen but is never certain (causal), and stating that they cannot step outside the world they have created to see what will happen outside of such (external world and self). The reader must have an assessment on the matter of Hume’s empiricism and his process towards skeptic doubt. Dealing with Hume’s empiricism, I believe that his thought process is very vague and has various doubts of its own. The idea of perceptions cannot be knowledge to begin with, because it is what we have and think, but does not necessarily mean other people in society think this same way as well. Therefore, he has already led himself into skepticism, because he cannot explain thoroughly why this is knowledge. What he explains as experience, which is where we obtain this knowledge, is unsatisfactory because the experience he says is mostly reasoning such as sense data and psychological states. For that reason, his thought process in the beginning can also be confused with rationalism, since most of what he verbalizes is knowledge that can only be discovered through reasoning and not experience. Looking at his progression towards skepticism, he believes that we cannot have knowledge because all that we have is our internal world to base our beliefs on. It is shown that through the principle of induction and the uniformity of nature, we will have the reoccurring thought that, â€Å"The future will be like the past†(The Search for Knowledge 71). With this basic in mind, we are automatically assuming every event that happens in our lives will happen or not happen again, because of past experiences. With this amount of information, it is not sufficient enough to say that we always be certain it will again happen. It all comes back to the fact that since we only have our world to experience, and since there is no way to step outside and look at the external world or the self, we are never certain of anything. Hence, we have no knowledge at all because knowledge is classified as true, justified belief and our ideas and thoughts are not. This is a strong case, and therefore, I believe with his knowledge towards skepticism, but I do not necessarily believe in skepticism. Beyond a shadow of a doubt, Hume has answered the three epistemological questions with very strong points; first as an empiricist, who then leads to a skeptic. Overall, the opinion of the reader is satisfied, because even though Hume has a very doubtful thought process of empiricism with the idea of perceptions and ideas, he then breaks down his theory with the fact that this so-called knowledge is the only source of knowledge an individual can possibly have, therefore it is not knowledge. Knowledge is worth nothing unless you can practice it.
Changing Role of HRM: The NHS
Changing Role of HRM: The NHS The Changing Role of Human Resource Management within the National Health Service: Feeling at Home in an Increasingly Complex Environment. Abstract In the context of a widespread programme of reform of the English National Health Service (NHS) this paper considers the changing role of Human Resources Management (HRM) within the service, and reports a study of the changing role of HRM in a large teaching hospital. Empirical research suggests that whilst the perception of the role and effectiveness of the HRM function remains varied, if managed correctly it is potentially capable of having a direct and beneficial impact upon service delivery. Introduction The reforms and changes within the National Health Service (NHS) and its management of staff and services has clearly been well documented, however research into the evaluation of these initiatives remains a neglected area. Walshe suggests that the reason behind this is that researchers do not have time to ‘painstakingly document and measure the progress and impacts of reform due to constant change caused by the initial ‘bright ideas having been poorly thought out (2002:106). Empirical research can though attempt to offer an understanding into the ‘complex relationships that exist between individuals and how they interpret policies within a wider social and cultural organisational context (Clarke 2006:202) and provide insight into the NHS managerial culture to examine how it ‘supports and facilitates the implementation of the recent wave of NHS reforms (Merali 2003:550). Through incorporating a review of the literature that surrounds the changing role of HRM w ithin the NHS and empirically based qualitative research, a comprehensive insight into the current context and position of Human Resource Management within an NHS Trust is given. Whilst such research will hopefully be of academic interest, perhaps more importantly in order for the NHS and other public services to be aware of the impact of reforms upon employees and thus on subsequent service delivery, an awareness of HRM practices and their implementation should be a necessity for practitioners (Edgar and Geare 2005). The Current Context of the NHS â€Å"†¦the NHS is unique. To name but a few of its characteristics, it is in the public sector, exceptionally large in terms of its resources, activities and numbers employed; domestic not international in its operations; its tasks are infinitely varied, complex and difficult; its goals are unclear; it is subject to an exceptionally wide range of political and economic influences; and it is an organisation uniquely and specially close to the hearts (metaphorically), minds and bodies (physically) of British people. It is run by ‘special kinds of people too: dedicated, yet often ambitious, highly qualified and skilled, often bloody-minded and usually tough-minded, yet also caring and even tender.†(Glover and Leopold 1996:256) The NHS is the largest employer in Europe, employing over a million clinical, infrastructure and support personnel (The Information Centre 2006). Whilst remaining close to the peoples heart in terms of its founding values of a universal and comprehensive health care with its service delivery freely and equally available to all in society (Rivett 1997; Talbot-Smith and Pollock 2006), it is also close to the peoples pockets, with billions of pounds having been invested into the NHS in the last ten years (Appelby 2007). In addition to providing a health service to the population, it is also claimed that ‘health and healthcare play a key role in generating social cohesion, productive workforce, employment and hence economic growth (Harrison 2005) and for this reason, as Bach notes, the means to reform health care systems effectively is an issue that confronts policy makers worldwide. (2001:1) As such, the challenges facing the NHS in terms of management, change and efficiency are i mportant to an audience far wider than the UK and those who use and work within the organisation. In consuming around  £50 billion per annum it is no wonder that successive British governments have attempted throughout the history of the NHS to dictate from the centre the ‘minutia of the NHSs activities. A key problem however is that due to the complexity of the organisation itself and the politics that surround it, the methods used are considered by many to consist merely of ‘a plethora of complicated targets and initiatives that confound those who are charged to implement them (Bradshaw 2003:90). In recognising the obvious public concern over the management, and expenditure, of the NHS both the previous Conservative and Labour governments and current New Labour invest considerable time, and tax-payers money, into attempting to improve the service. Yet it is considered increasingly apparent that in responding to health deficiencies ‘by throwing money at them to see the quick, comfortable resolution of the political conflict that these inevitably cause (Duncan -Smith 2002), continual change ‘for changes sake has become the focus at the expense of the ultimate ‘telos that created the health service (Kelly and Glover 1996:31). Changes in Management of the NHS Since its conception, it is clear that the NHS has undergone many changes, both structurally and ideologically, but it is since the reforms of the early 1980s that the focus of NHS management has attempted to move away from obvious ‘command and control techniques and towards local management with local responsibility and accountability not only to the government but to the public that ‘experience the service. It was subsequent to these reforms and as a result of the Griffiths Report and policies such as ‘Promoting Better Health, that ‘Working for Patients'(1989) was introduced which further emphasised the NHSs aims of better health care, choice, complaints procedures, patient information, and overarching quality. Currently a number of policy and management initiatives are transforming the structure and organisation of the NHS (Truss 2003). New Labour are heralding the benefits of ‘choice within the public services as a whole and many of the recent initiatives focus upon the ‘customer and the need for services to attract these customers and the money that they bring, to the extent that within the NHS ‘individual patient preference [is] determining where business will be placed (Bradshaw 2003:87). The logic behind this is claimed to be one of providing a new incentive for ‘providers to improve customer responsiveness, for if money follows patients and patients have a choice of service the power is with the people rather than in the hands of a previous monopolistic service provider (ibid). Such market incentives are driving NHS hospital trusts to perform more like businesses, with a corporate focus based upon meeting the demands of all the various stakeholders, and thus r equiring distinct business strategies which will account for all aspects of the organisation and services provided and ultimately ‘enhance their cash flow (Pollock 2004:218). With the establishment of Foundation Trusts, NHS Trusts which are perceived as high performers can gain Foundation Status, thus becoming corporate bodies, free from the controls of the strategic health authorities and accountable only to those whom they represent their own managers, staff, patients and local residents (Pollock 2004). The thinking behind this is seemingly one of moving away from what has been perceived as a ‘monolithic, inefficient bureaucracy to a system of individual services which are autonomous healthcare provider organisations that could be flexible, responsive and innovative (Walshe 2002:109). As the Department of Health states: â€Å"The Health and Social Care (Community Health and Standards) Act 2003 establishes NHS Foundation Trusts as independent public benefit corporations modelled on co-operative and mutual traditions. Public benefit corporations are a new type of organisation, specially developed to reflect the unique aims and responsibilities of NHS Foundation Trusts. NHS Foundation Trusts exist to provide and develop services for NHS patients according to NHS principles and standards and are subject to NHS systems of inspection. Transferring ownership and accountability from Whitehall to the local community means that NHS Foundation Trusts are able to tailor their services to best meet the needs of the local population and tackle health inequalities more effectively.†(DoH 2007) Walshe considers the introduction of Foundation Trusts as providing organisational stability due to them reducing the ability of ‘future Secretaries of State for Health to reorganise the NHS every two or three years and thus allowing ‘meaningful service improvements to take place (2002:109). However, it is also recognised that this in turn could potentially cause problems as there will be ‘no guarantee of good management and governance resulting in the replacement of ‘one set of dysfunctional behaviours with another (ibid). Many interpret Foundation Trusts as forcing NHS trusts into having to respond flexibly to market forces similarly to private sector organisations, due to the public and political interest in the service it must also contend with the constant barrage of audits, inspections, monitoring, league tables and an increasingly demanding and knowledgeable public (Talbot-Smith and Pollock 2006). The NHS today can therefore be seen as remaining seemingly attached to the ideologies of the business world, and current government emphasis towards ‘modernisation suggests that the premise remains dominantly that: â€Å"†¦no organisational context is immune from the uncertainties of unrelenting change and that, as a result, all organisations public, private and voluntary need to develop similar norms and techniques of conduct: if they do not do so, they will not survive. Thus all organisations need to look to current ‘best practice†¦Government services are brought forward using the best and most modern techniques, to match the best of the private sector.†(Du Gay 2003:676) These government initiatives reflect notions that by improving management and employee satisfaction, the NHS could become both an efficient and effective business, able to satisfy these consumerist needs of the customer. For example, the policy ‘Improving Working Lives aimed to encourage NHS employers to ‘develop a range of policies and practices which support personal and professional development and enable employees to achieve a healthy work-life balance (DH 2000). These management strategies have been labelled within this sector as New Public Management (NPM) and are considered to mark a clear differentiation from the previous strategies of ‘an administered service to a managed service'(Bach, 2000:928). Flynn argues that NPM clearly incorporates all of the changes that have occurred within the NHS following the reorganisations and new rhetorics of the 1980 reforms and the essential components that NPM consists of are clearly visible: â€Å"†¦more active and accountable management; explicit standards, targets and measures for performance; a stress on results, quality and outcomes; the break-up of large units into smaller decentralised agencies; more competition and a contract culture; more flexibility in the terms and conditions of employment; increased managerial control over the workforce and efficiency in resource allocation.†(1991:28) With the introduction of this managerialist emphasis in the NHS it has been suggested that there has been an investment of ‘faith in managers. This faith has been based on the supposition that the ‘language, techniques and values of managerialism were, and are, ‘the only way actually to deliver change; thus an ‘unparalleled position of ‘power and authority has been placed upon public managers (Exworthy and Halford 1999:5-6). Such managerialism, and its values and beliefs is based upon the assumption that ‘better management will prove an efficient solvent for a wide range of economic and social ills (Pollitt 1993:1), and in the case of the NHS these ‘ills are well documented in terms of a lack of capital and thus a shortage of resources yet with a need to provide an increasingly efficient and ‘quality driven service. However, the notion of managerialism must be used with caution. ‘Faith in managers can be perceived as politicians having faith in their own management in that they have failed to ever relinquish control, instead taking even more tight control through the implementation of numerous health policies and operational procedures. Such a need to keep close reigns on the management of the NHS suggests a deep mistrust in the capabilities of the public servants within it rather than a desire to allow it its freedom. Overall it is clear that the NHS is very complex for a range of reasons not least because of its complexity and variety of its duties, the range of skills it needs to draw on, the difficulty of reconciling competing priorities, the cost of healthcare, and the way the NHS has been stitched into the political fabric of England. From an organisational perspective too it is a hybrid mix of hierarchy, bureaucracy, market and network. To efficiently manage such an organisation is therefore a highly complex and unrelenting challenge. HRM in the NHS The role of HRM pre-reforms was mainly focused on administration and support with a lack of defined responsibility. Named Personnel rather than HR, the function was used to deal with general staffing issues of terms and conditions of employment, payment and holiday options, individual and local staffing issues and the well known ‘hiring and firing that it remains renowned for. From Personnel Managers came HR professionals, HR departments, and increasingly HR directors with voting rights on the Executive Boards of NHS Trusts. This has been considered a result of the changes that stemmed from the Griffiths reforms and continue today, and due to a particular focus on corporate business ideals, from which a clear, but nonetheless controversial role was carved out for a function that dealt with the management of the increasingly important resource of people. ‘†¦the effect of the reforms was to stimulate management to review custom and practice and historical staffing patterns, with a view to achieving better value for money. In this context the HR function was caught up in the continuing tension between those health care professionals who focused primarily on patient care, and those managers responsible for cost-effective use of resources but constrained by a lack of clinical knowledge'(Buchan 2000:320). The current role of HRM in the NHS, its status within the service, and its success as an effective function has become especially important at this time where ‘human resources are considered the key to not only improved staff performance but also competitive advantage (Bach 2001; Clarke 2006). Despite the managerialist rhetoric that clearly surrounds the drive for increasing the role of HR, on a more simple note it is little wonder that such an emphasis has been placed upon the HR function considering the cost of staffing in the NHS of the  £19 billion cash increase in the NHS from 2004/5 to 2007/8 the increases in staff pay ‘swallowed up around 34% (Appelby 2007). To add to this, the growing importance of the function is particularly clear in situations where individual NHS trusts are being granted greater financial and operational independence within the increasingly competitive, consumer driven market that the government is creating through such initiatives as Found ation Trust Status. Barnett et als research demonstrated that the HR function within a Trust evolved through these changes in political and organisational focus and ‘generated a new focus on labour productivity and on value for money from which ‘a new and strategic approach to the management of the workforce was required and as a result they decided to ‘embrace the principles of human resource management'(1996:31). So with the acknowledgement that service funding follows customers, customer satisfaction is linked to quality of service, and quality of service is linked to ‘the skills, motivation and commitment of service staff, within such a ‘labour intensive human service industry the role of HRM is imperative (Bach 2001:1; Pollock 2004). The Changing Role of HRM in the NHS Yet HRMs move from an administrative role to a function that potentially impacts upon corporate strategy has been my no means plain sailing. Ham succinctly locates a key basis for conflict within the NHS in his suggestion that ‘there is continuing tension between the role of doctors in deciding treatment†¦and the attempt by managers and politicians to influence priorities at a national and local level (1996:96). There is much literature on the dominance of professionals and the conflict with managers within public sector organisations and in particular the NHS (Kember 1994; Skjorshammer 2001; Atun 2006; Hoggett 2006) and it is clear that their dominance remains not only because of their unique skills and knowledge but also because of their obvious importance within the service (Kelly and Glover 1996). However, within the changing NHS, the dominance of the professionals is subject to more and more management constraints, both on their resources and their autonomy and whilst some acceptance of management expertise is recognised by the professional groups their patience reaches a limit when this becomes encroachment on their ‘professional competence, resulting inevitably in conflict (Ackroyd 1996). Managers within the NHS are marked by a poor image, often both within the organisation and by members of the public. Meralis study found that the ‘majority of the managers were convinced that the general public believed that doctors and nurses were the only professionals in the NHS who are motivated by a desire to serve/provide care to society (2003:558) and similarly within this research the public perception of management within the NHS was consistently negative: ‘Theres too many [managers] as it is, ‘The NHS should swap most of the managers for doctors and nurses, then there wouldnt be waiting lists, â€Å"If you can find out what the management do then thats an achievement in itself. Overall it seems that management, especially in a context of attempting to rationalise the NHS and incorporate business ideals of value for money and efficiency which often results in cost-cutting through redundancies and closing services, are deemed by non-managers to hold an enti rely different ideology that is a far cry from caring for people. Yet the function of ‘management is well placed within the NHS, and its conflict with the medical professionals whilst often cited can appear over-emphasised. However with HRM now shifting in its role from administration and support to management and strategy at the same time as organisational change that is producing a complex and uncertain environment for many within the NHS, the HRM function faces a hostile crowd. This symmetry between the focus upon business and private sector ideals and the rise in HR as a function in its own right, can begin to explain perhaps the antagonism that many within the NHS express towards the HR departments. Those within the NHS who hold close to their hearts the original ideals of the NHS and their role within it rather than fighting against government initiatives and the corporate business world influence instead could hold to account the one group which was ‘created out of these initiatives the HR function. Bryson et al in acknowledging both the power struggle between doctors and management and the increasing role of HRM note that, with a complex organisational strategy that seemingly has no clear direction and with few colleagues from the traditional management functions to align with, HRM are far from being seen as any part of the ‘NHS tribal club (1996:53). Through becoming part of the ‘Corporate Business Team and gaining responsibility and a potential role of ‘power within the new NHS environment the HRM function has run into conflict. Starting off on the wrong-foot, as Bach explains, HR within the NHS must struggle with the constant accusation that it is illegitimate as its role does ‘not obviously contribute to patient care'(Bach 2001:12). It would also be expected that any role within the NHS service that had the role of scrutinising staff and reviewing quality of care when they were not medically knowledgeable would come to blows with the medical professionals, especially when the latter has enjoyed far-reaching autonomy and control in the service since its beginning (Buchan 2000). However, to also find few compatriots within the rest of management due to its timely rise with organisational change which has rationalised and constrained many other departments, many HR departments have been left in a no-mans land. There are few who would debate the continued dominance of the medical profession within the NHS, nor the importance of it remaining in such a position. However, their importance within the NHS as a business is becoming more complex. Management are increasingly holding the power to dictate for example the working patterns of doctors and they have the ability to withhold or reward resources depending upon clinicians abilities to achieve targets. And, with the introduction of Foundation Status, Trusts are running a competitive business within which all are dispensable, as Pollock describes: â€Å"†¦in the past, doctors were free to speak out in fact they were under a moral obligation to do so if they felt it was in the interests of their patients. In a business culture, however, loyalty is said to be due above all to the shareholders. Where the survival of the hospitals depends on massaging the figures and performance ratings, doctors who expose the inadequacies in the system or rail against underfunding or lack of resources are seen to be criticising their own hospitals†¦Ã¢â‚¬ (2004:203) With performance targets increasingly dominant in the NHS, to the extent that funding, resources and ‘Foundation Status can be given or taken away accordingly, accountability not only for service provision but also initiatives such as ‘Improving Working Lives have meant that HRM can also take a large piece of the managerial high-ground (Givan 2005). In addition, with the record investments in staffing and government focus upon improving service delivery through effective people management, HRM has been given legitimacy within the NHS through the Governments ‘HR in the NHS Plan (DoH 2002) which represented the NHSs ‘first generic HR strategy'(Truss 2003:49) and more recently ‘NHS Foundation Trusts: A Guide to Developing HR arrangements which highlighted the importance of the HRM function within Foundation Trusts (DoH 2006). With these initiatives in place the effective functioning of HRM is a measurable target it matters not whether the medical professio nals or other managers accept or value the role of HRM. This not only provides the HRM function with a place within the NHS, it gives it the opportunity to ‘adopt a more strategic role within the ‘new public management: ‘it is no longer consigned to a reactive and administrative role, interpreting and applying national rules, and can be proactive (Corby 1996 cited in Truss 2003:49). A number of commentators have assumed that changes in the role and status of HRM in the public sector merely follow orientations developed in the private sector (Buchan 2000; Thomason 1990). Just as the NHS as an organisation can be seen to have taken on private, corporate business strategies, so too it is considered that private sector HR management techniques were established (Buchan 2000:320). Distinct similarities can indeed be seen between the developments of HRM in the private sector and what is currently expected of the HRM function within the NHS as Begley and Boyd summarise: â€Å"The declining relevance of the command-and-control approach to business has extended into the roles played by HRM. Many companies regard their employees talents as providing a significant competitive advantage. they expect their HR professionals to formulate creative, flexible programs and policies to woo, develop, and retain that talent.†(2000:12) This apparent mirroring of private sector HR techniques within the public sector environment has met with various hostile reactions, with accusations of public managers being forced to adopt private sector HRM styles with the possible ‘dangerous result that such language will cause the public domains to ‘neglect their values (Boyne, Jenkins et al. 1999:411). Yet others, and especially some senior HR professionals within the NHS, take a different view. For them, the introduction of more efficient people management is an important and necessary development, one that is sorely needed in an environment where people are not only the service providers, but also the product and customer of healthcare services. The following empirical research and analysis demonstrates that far from being left out in the cold, the HRM function is capable of rising through an NHS Trust, effectively implementing government initiatives as well as producing its own, and finally reaching the position of designing and directing corporate strategy. Whilst the perceptions of HRM by other Trust members may vary, this is not necessarily a hindrance, but perhaps an organisational necessity that must be negotiated. Methodology The paper reports a research project that has followed the changing role of the HRM function within a large teaching NHS Trust (herein called ‘The Trust) in the UK. It reports on in-depth interviews and observations of a number of meetings involving staff from across the hospital hierarchy. The Trust is facing many changes, both in its financial governance and organisational practices. Recently it was granted â€Å"Foundation Trust†status and, as a result, a competitive drive for value for money and the need to develop efficient recruitment and retention practices have become key issues. Despite only requiring access to staff, rather than patients, researching an NHS Trust proved more difficult than originally anticipated. Currently researchers wanting to interview NHS staff are required to gain NHS Ethics Committee approval to the same degree that clinical researchers must do when requesting clinical trials on patients. This can be seen as associated with the increased awareness of the importance and value of hospital staff and their working lives at all levels of the organisation, requiring the researcher to ensure that the research is valid and that staff will not be adversely affected. It could be suggested that by not distinguishing between staff and patients and the need for ethical approval in research the NHS has adopted the understanding that to ensure quality of service and patient care staff must also benefit from an improved working life.[1] The empirical research took place over a period of nine months within the one NHS Trust and included in-depth interviews with twenty-two members of The Trusts staff and observations of key meetings with staff from across The Trusts hierarchy in attendance. A Trust Executive P.A. provided a list of thirty-five potential participants for the interviews, ranging from Assistant Service Managers, Junior Doctors, Ward Managers, Nurse Specialists and Senior Staff (including members of the Trust Executive) who were contacted via email communication. Assurances were given that these participants had not been ‘cherry picked for their perceptions of HR or management initiatives (which was reflected in interview content at times). The interviews were conducted either within an office provided by The Trust or at a location convenient to the interviewee, often a staff room or their office. Each interview was recorded, with the participants consent, and transcribed in full, with all distinguishing information such as names, exact details of roles and personal information destroyed to ensure anonymity, in accordance with the Ethics Approval criteria. The Director of Workforce and Corporate Affairs was interviewed twice, before subsequent interviews took place and again once interviewing was completed. The three meetings observed (Patient and Staff Experience Meeting; Executive Governance Committee for Clinical Effectiveness; and Strategy Advisory Group) were chosen through knowledge of the different staffing groups that would be in attendance in order to attempt to gather information as to how different groups interacted. By chance observation of the RCN Clinical Leadership Programme Presentation to the Patient and Staff Experience Group was also possible. Notes were taken during the meeting regarding staff interaction, comments about policies and Trust issues, though individual names and some meeting content was not recorded due to either anonymity or irrelevance. Due to the highly qualitative nature of this research and in valuing the need to attempt to provide an accurate and indepth understanding into the perceptions of those interviewed and how these relate to the role of HRM and its effectiveness, the following presentation and discussion of the research will use direct quotations, some at length, to highlight issues. It is felt that it is important to allow these views to be expressed clearly and as distinct from over interpretation thus enabling as honest a reflection of the current context as possible. In order to ensure the anonymity of participants they will usually be identified only by their generic role within The Trust. Discussion of Empirical Research The research demonstrates that perceptions of HRM within The Trust remain varied, a stance that is not unknown to those within the role: â€Å"I think lots of different people have lots of different perceptions. I think †¦a lot of managers are starting to see the value of HR and what HR can actually offer them†¦Other managers would probably just think we are only here to make their lives difficult and not let them get on with the job but those are the people who perhaps have never really had any involvement or used HR to its capacity†(Human Resources Staff #1) This suggests that HRM within the NHS remains in a similar situation to when Currie and Procter researched the role of personnel within the NHS and highlight the differing perceptions that the personnel department, and its subsequent human resource strategies, had within a trust: â€Å"Both executive directors and middle level managers see an advisory role as appropriate†¦They differ in their views as to whether the emphasis of the personnel department should lie with operational or strategic issues in an advisory role†¦middle managers view the personnel department unfavourably because it is distant from the operational aspects of health care†¦Ã¢â‚¬ (1998:383-384) Indeed, many of the participants found it difficult to summarise the role of HRM and during the research the role was often described as ‘personnel or ‘medical staffing. This lack of clearly defined role for some within The Trust may, as suggested by the HR staff, stem from minimal contact with the HRM department, other than in specific situations such issues with recruitment and pay-role[2]. â€Å"†¦lower grade staff will still see the HR as a sort of mini police force within the organisation and if you do anything naughty you get disciplined and I guess a lot of the lower grade staff dont have a real idea of what the HR department does†¦Ã¢â‚¬ ( Human Resources Staff2) Perhaps another reason could be the constantly changing title of the head of the HR department. Initially The Trust employed a Director of HRM but as the Director developed and expanded the remit and function of the HR departments role his title developed to one of Director of Workfor
Subscribe to:
Posts (Atom)