Law Enforcement Use of Force, specifically the Ethics surrounding police discretion on Use of Force

 

Police are required to use force to compel an unwilling person to comply with orders. The amount of force to be used depends on police discretion and depends on the personal ethics of the policeman. Even though police is authorized to use force to make a suspect comply, police discretion and ethics require that minimum use of force should be used.

Even though the police can make use of force, the needs of security must be balanced with the ethics relating to the constitutional rights and safety of criminal suspects. In the context of police discretion ethical action is one where a system of moral values is generally accepted as professional standards in policing. It also means that the policeman should do the right thing based on the values society holds.

Police must act in a manner that reflects a good character, complies with the law, and does not have baneful consequences. Police ethics are violated when the actions of officers are patently wrong, erode the trust of the community, and weaken the department’s ability to work effectively. Let us take the example of police action that complies with the law. In Graham v. Connor, the US Supreme court decided that courts should evaluate circumstances and facts relating to an officer’s use of force than the officer’s intent or motivation. The US Supreme Court has held that the objectively reasonable standard based on the Fourth Amendment should be used to judge claims of excessive use of force. The police officer must apply discretion to objectively assess the level of force that is reasonable.

Legal requirements are one aspect of ethical requirements when an officer decides to use force. An important aspect of police ethics is the oath of office that is taken by officers. The oath requires the police officer to uphold the Constitution of the United States, be honest, and honorable. The oath also requires the officer to be sober, obey superior officers, and shun offensive behavior. The oath requires the officer to follow rules. When making use of force, the officer has a continuum of force that he can use but there are rules how the officer will use discretion. In Graham v. Connor, the Court has laid down three factors that an officer must use which are the immediate threat to the officer’s safety, the severity of the crime, and if the suspect is resisting arrest. When using his discretion to use force, the officer must evaluate the circumstances by using each of the three factors. From this perspective even though the police has the discretion to decide how he must use force, his freedom is restricted by the factors prescribed by the law. From the deontological ethical perspective, the police must follow the law and rules.

Apart from rules and the law, police departments have their code of ethics that requires the officer to safeguard the lives and property, avoid bias, and follow the law/rules (Schlosser, Cha-Jua, Valgoi, & Neville, 2015). When using discretion, police officers must use tests to help make decisions ethically. Some tests are provided by the law and must be adhered to. For example, in Tennessee v. Garner, the US Supreme Court has held that deadly force should be used to stop a fleeing felon only if the officer has “probable cause” that the felon causes a serious risk to the officer or others. For example, if a burglar is running away in an empty alley the officer cannot shoot the burglar because there is no serious risk to the officer nor anyone else.

The officer has discretion but discretion is allowed if it is made with lawful authority. If a decision is made for illegal reasons it is not discretion. For instance, if an officer does not use force against a suspect because the suspect is of the same color as the officer and the suspect escapes, it is an illegal act and not a legitimate use of discretion. For an officer, discretion is related to decisions that are made in a legal setting. Even if the decision does not yield the expected results, but are made in good faith such decisions are still considered discretion. For example, an officer stops a murder suspect and attempts empty hand control by immobilizing him, and the suspect hoodwinks the officer and escapes, if such a decision was made in good faith, the decision will be considered as discretion.

The ethical use of discretion by police is important for the functioning of police and its relationship with the community. In the context of the use of force, the law is evolving and officer use of force must comply with the current law. For example, in 2003 in Payne v. Pauley, the Seventh Circuit Court of Appeals held that the use of force must be both reasonable and necessary. This implies that force should not be used against an elderly person who is limping and is unarmed.

When force is used unethically, it is alleged that officers fabricate evidence, look for guilt, and make statements with bias (Moore, Robinson, Adedoyin, Brooks, Harmon, & Boamah, 2016). Experienced superiors can spot a lie when the officer handles exhibits poorly and does not show evidence. Some police departments provide training to officers that enable them to think critically and make ethical decisions. They are trained to think about the result, the impact of the use of force, and seeking alternatives to the use of force. For example, if simply commanding a suspect to move to a designated place where he can be handcuffed easily and safely is possible, it is not necessary to use a weapon against him (Newton, 2018).

There are police departments that train their officers to use tests to evaluate the morality or otherwise of their decision. The common tools are the media test in which the officer is trained to ask himself how he would feel if his decision made the front page the next day. For example, the killing of Malice Green in Detroit in 1992 would not have occurred had the police thought about how his decision would have looked on the front page the next day. Police departments also train their officers to use the gut test. This test requires the officer to use his instinct and belief before making a decision. The underlying tenet is that if a decision feels wrong, there is a strong chance that it is wrong. Whatever be the method by which an officer concludes, the officer must behave ethically especially when he uses force.

From the perspective of the police department, discretion is given to officers because their work is unsupervised. For example, when an officer is on solitary patrol, there is nobody to supervise him. A large portion of police work cannot be supervised directly in a meaningful manner (Stokes, Wilson, Jordan, & Harris, 2016). The point is that even though the officers have a high degree of autonomy, and cannot physically be seen by their supervisors, the officers are answerable to those whom they report to. For example, if an officer uses a pepper spray to overpower a theft suspect before arresting him, the incident is recorded on his body camera and the footage may be viewed by his superior and the officer will be required to explain his decision. From this point of view, the decision of the officer must not only be ethical, and lawful but also explainable to his superior.

Even though law enforcement officers know that their decisions should be ethical and lawful, excessive use of force occurs because they feel that they will be protected by qualified immunity. According to this doctrine, government officials are protected for discretionary actions done officially unless their actions violate constitutional rights. However, when a police officer uses excessive force, the officers get no protection under qualified immunity. This was held by The Ninth Circuit Court of Appeals in 2004 in the case Nelson v City of Davis.

Apart from legal rulings, even though discretion is given to law enforcement officers, the discretion must be exercised to get fair and just results. It is unethical to use discretion in a discriminatory manner or to mete out unfair treatment. If used in a fair and just manner, police can decide to use even deadly force. For example, in Plumhoff v. Rickard in 2014, the US Supreme Court ruled that if objective reasonableness was used in a situation, the use of deadly force is justified.

In every situation, the law enforcement officer must apply the system of morals that are accepted as professional standards in policing. The decisions made must be wise and ethical. For example, an officer should not use excessive force against an unarmed suspect whose hands can be seen to be empty. Such a decision would not have led to the beating of Rodney King in Los Angeles in 1991.

One of the themes that are reflected in the code of ethics of all law enforcement services is that it is the duty of the offer to protect the weak against oppression, the peaceful against violence, and to protect the Constitutional rights of all citizens. In this context, a law enforcement officer who uses excessive force acts unethically because the officer becomes the oppressor and the perpetrator of violence. When an officer uses excessive force, he violates the Constitutional rights of the suspect. From this perspective, the law enforcement officer violates the code of ethics and deserves disciplinary action. Most codes specify that the officer will not use violence or unnecessary force. If the officer uses excessive force he directly violates the code of conduct. Moreover, law enforcement service codes require officers to preserve the confidence people have in law enforcement. Using the excessive force, especially using deadly force rapidly erodes the confidence people have in the law enforcement department. For example, when Eric Garner died because of the actions of NYPD in 2014, there was a steep decline in the confidence people had on police.

Apart from the confidence of people in the police, there are standards and duties of conduct that a law enforcement officer must follow. He must avoid any abuse of authority in his relations with the public. Using greater force than what is necessary is an abuse of authority. Moreover, according to the Fourth Amendment of the US Constitution says that the right of people to be “secure” in their “persons” shall not be violated. This means that every individual has the right to bodily security and sets the “reasonableness” standard for the use of force by law enforcement. This constitutional standard applies at the time of arrest and after the arrest, the Eighth Amendment protection applies and disallows law enforcement to use excessive use of force to those in custody. If the law enforcement officers diligently follow the stipulations of the Constitution then the shooting of Michael Brown an 18-year-old by Darren Wilson of the Ferguson police department would not have occurred.

Apart from the code of police departments, there is still excessive use of force because the court rulings say in Tennessee v. Garner have set lower thresholds for use of deadly force than international standards. The ruling has allowed the use of a gun if there is a threat of serious injury or threat of death. In contrast international standard, does not allow the use of a gun unless there is a grave threat to life, and the threat is imminent. Further lowering of the threshold for use of deadly force can be seen in 2014, Use of force policy and manual of the Customs and Border Police that the use of gun is necessary when the officer has reasonable belief that the person causes a forthcoming danger of death or serious physical injury to either the officer or to anyone else. This lowering of threshold sends an unspoken message to all law enforcement officers that the gun can be used even when there is the apprehension of “serious physical injury”. Similarly, the acquittal of George Zimmerman who shot Trayvon Martin in Sanford, Florida, sent a message to all law enforcement officers that it was acceptable to use deadly force.

Apart from tasers, police departments make use of pepper sprays. When hit by pepper spray, the suspect suffers from temporary blindness, the duration of which is between 15 and 30 minutes, a fiery sensation of the skin which continues between 45 and 60 minutes, uncontrollable coughing, and upper body spasms which compel the person to sit down or even lie down on the road. The use of pepper spray makes it impossible for the person to talk for about 15 minutes making it impossible for him to ask for help. When the pepper spray is used on suspects who are having asthma or other respiratory diseases, taking medication or are physically restrained by officers, there is a high risk of death. For example, if the suspect is physically restrained by an officer after being hit by pepper spray to handcuff him, and his breathing passages are affected, there is a high risk of death. In 1995, it was reported that there were at least 61 deaths related to the use of pepper spray since 1990 in the United States. The use of pepper spray by police must be evaluated from the ethical perspective after knowing the possible effects of this intermediate weapon. The police should be trained to assess the escalation of use of force from empty-handed control or the use of baton to the use of intermediate weapons by knowing the possible consequences of these weapons. The police can make ethical decisions only if they know that the use of intermediate weapons can be as deadly as firing a bullet.

Apart from using deadly force, the use of so-called intermediate weapons has a far lower threshold (Gross, 2015). One example is that of tasers. If the taser darts hit the suspect, the taser hits him with 50,000 volts electric pulses causing extreme muscle spasms and intense pain. These pulses cause cardiac arrhythmia in healthy suspects and those who have higher heart rates because of running or drug addiction get a cardiac arrest and possible sudden death.

The harm done by the use of Taser can be more deadly than shooting a person on his legs with a gun. For example, in August 2016, Dalian Atkinson 48 died when he was hit by a taser in Telford, UK.  In 2016 itself, the Fourth Circuit Court of Appeals in Armstrong v. Village of Pinehurst decided that the taser can be used in a situation where a reasonable officer would feel that immediate danger could be mitigated by firing the taser. This judgment was not overturned by the US Supreme Court. This judgment sets a very low threshold for the use of a taser. According to deontological ethics, a law enforcement officer must follow the law. When the courts and laws lower the thresholds for the use of deadly force and taser, there will be more instances when deadly force and tasers will be used by law enforcement officers and lead to deaths of suspects. Police discretion can now be used in any situation where there is a perception of immediate danger. The officer can use a taser on a suspect, irrespective of the danger to the life of the suspect. The ethics surrounding police discretion are not circumscribed by the boundaries of the police department. The ethics apply equally to lawmakers and the courts that together form the law enforcement system. Police code of ethics has a role to play in ensuring that there is no excessive use of force by officers. However, the effectiveness of these codes will become blunted when courts and law routinely lower the thresholds for the use of weapons.

The ethics souring police discretion on the use of force is guided by the police oath of office, police code of ethics, and the US Constitution. Ethics are very important because the officer uses discretion to use force when he is unsupervised. What is disturbing is the recent court decisions and framing of laws favor lowering of the threshold for use of deadly force and deadly intermediate weapons. If this trend continues, in future there will be more incidents of use of excessive force by police and more suspects will get killed by police use of deadly force or by the use of tasers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Gross, J. P. (2015). Judge, jury, and executioner: The excessive use of deadly force by police officers. Tex. J. on CL & CR, 21, 155.

Moore, S. E., Robinson, M. A., Adedoyin, A. C., Brooks, M., Harmon, D. K., & Boamah, D. (2016). Hands up—Don’t shoot: Police shooting of young Black males: Implications for social work and human services. Journal of Human Behavior in the Social Environment, 26(3-4), 254-266.

Newton, S. (2018). The excessive use of force against blacks in the United States of America. The International Journal of Human Rights, 22(8), 1067-1086.

Schlosser, M. D., Cha-Jua, S., Valgoi, M. J., & Neville, H. A. (2015). Improving policing in a multiracial society in the United States: A new approach. International Journal of criminal justice Sciences, 10(1), 115.

Stokes, L. D., Wilson, Z. R., Jordan, K. A., & Harris, D. M. (2016). Race as an Institutional Factor in the Arrest, and the use of Excessive and Deadly Force against African American Males. Endarch: Journal of Black Political Research, 2016(1), 4.

 

 

 

 

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Capital Punishment Legislation should be consistent in all states to improve effectiveness

 

Capital punishment or the Death Penalty, as it is commonly known, is one of the most controversial topics around the world and in the United States of America, it’s no different. Apart from the military and federal government, 31 states currently have legislation which maintain capital punishment. According to MacDougall and Williams (2018), there has been a significant decline in the use of capital punishment, with executions in 2017 seven times less than they were in 1999. With the increased frequency of mass shootings around the country, it is clear that criminals are throwing caution to the wind as they know their crimes will give them 15 minutes of fame and free meals in federal institutions.  There are many opponents to the death penalty, with many citing its ineffectiveness in deterring violent crimes, however studies are inconsistent. This essay will aim to show how consistency in capital punishment legislation amongst the states and territories may improve the effectiveness of capital punishment as a way to mitigate violent crime around the country. This essay will first look at the arguments against and for the death penalty, the flaws in legislation and the recommendations of how the current legislation can be improved to ensure consistency amongst all the states and territories.

The opponents of the death penalty argue that there is no proof that the death penalty acts as a deterrent. In fact, various studies and polls involving criminologists suggest that even they do not believe that the death penalty deters or lowers the rate of violent crimes. Secondly, in some cases a death penalty case might cost the state more than housing an inmate for life. This is due to the length and complexities of the case and the stakes it involves. It requires more resources than most other cases. Adinkrah and Clemens (2018) note that many inmates facing the death penalty spend decades on death row, and this is an extra expense. The death penalty also seems to perpetuate the violence that it aims to deter. It justifies violence as a means to an end in certain situations. It says to people: killing is wrong therefore let us kill those who do. Donnelly 2018 also points out that while there is a decline in death sentences, there is a certain racial disparity in who gets the death penalty by using North Carolina as an example. 54 percent of death row inmates are black, while black people only make up 22 percent of the state’s population (p. 393). This seems to suggest that there is some racial disproportion.  The biggest concern about the death penalty is its finality. It is swift and does not offer the offender a chance to be rehabilitated and have remorse for their actions. The justice system is not immune to mistakes. In normal cases, when the accused is found to be guilty, they serve time in prison. Sometimes certain convicted individuals are later found to be innocent. At any stage, their sentences can be reversed. Death cannot be reversed. However, proponents for the death penalty would argue that anyone who commits a capital offence is justly punished when they lose their right to live.

The most notable crimes which are eligible to be classified as capital offences include violent murder, rape of a minor, treason and large-scale drug trafficking. These are egregious offences that warrant retributive justice. The jail terms which are served by those who commit capital offences seldom match the crime, hence why these crimes are still a societal scourge. Imprisonment does not ensure that the offender will stop committing those crimes and there is also the risk that they could escape and continue their crime spree. Many opponents of the death penalty state that rehabilitation is a more effective tool than retributive justice however they fail to state what qualifies an offender as rehabilitated with remorse being their biggest indicator. We see this in the case of David Edward Maust, who after being released on parole after having served approximately 10 years for manslaughter, went out to kill three more teenage boys. The verdict at his parole hearing was most likely that he was rehabilitated and showed remorse. Capital punishment ensures that society has one less criminal to deal with and it deters others from committing the same violent crimes.

To understand the flaws of current capital punishment legislation and why it has fallen out of favor with lawmakers, the process to which it is handed down needs to be amended. The current process involves attorneys making submissions to local prosecutors so they can decide whether the crime is eligible for capital punishment. The decisions made by these local prosecutors are not subject to any review process. Another flaw would be the inconsistencies in what qualifies a capital eligible offense. Since there are disparities amongst states, there needs to be a federal committee that handles and decides on cases that are eligible for capital punishment. Fortunately, there is a federal death penalty scheme that has been in place. MacDougall and Williams (2018) state that the federal death penalty scheme should address all the current disparities that plague the current capital punishment legislation in states that maintain the death penalty. The procedure of deciding on cases that are capital offences is more intensive than the one currently used by states. Cases are submitted to the Department of Justice; they are reviewed by a committee and the Attorney General makes the final decision (p. 1649). Another recommendation would be the removal of Mental instability as basis for acquittal, this is due to the fact that the methods of determining mental instability are inconclusive and unreliable and Sandys et al (2017) notes that the influence of mental instability as a mitigating factor in capital offence cases is inconsistent.

More work has to be done on the federal death penalty scheme to ensure that it redresses all the visible disparities that have led to the unreliability of the current capital punishment legislation. Further research and reforms are needed to ensure that all Americans are truly equal before the law.

 

 

 

 

 

 

 

References

Adinkrah, Mensah and William M. Clemens. “To Reinstate or Not to Reinstate? An Exploratory Study of Student Perspectives on the Death Penalty in Michigan.” International Journal of Offender Therapy and Comparative Criminology (2018): 229-252. Document.

Death Penalty Information Centre. Crimes Punishable by Death. n.d. 13 August 2019.

Donnelly, Ellen A. “Can Legislature Redress Racial Discrimination in Capital Punishment? Evaluation Racial Justice Acts in Response to McCleskey.” The Journal of Criminal Law (2018): 388-401. Document.

MacDougall, Mark J. and Karen D. Williams. “The Federal Death Penalty Scheme is not a Model for State Reform of Capital Punishment Laws.” American University Law Review (2018): 1647-1671. Document.

Sandys, Marla, Heather Pruss and Sara M. Walsh. “Capital Jurors, mental illness and the unreliability principle: Can Capital Jurors comprehend and account for evidence of mental illness?” Behavioral Sciences and the Law (2018): 470-489. Document.

 

 

 

Business Analysis and Systems Recommendation

 

 

Business Analysis and Systems Recommendation

Name

Information

 

 

 

 

 

 

 

 

 

 

Introduction

Business Analysis (BA) is a research discipline that finds out the business requirements and determines the possible solutions to the business challenges which are currently faced (Palepu, & Healy, 2013). The commonly offered solutions may include software systems development component. Also, the organizational change and process improvement can be possible solutions depending on the business problems. On the other hand systems recommendation (SR) is a subclass of data filtering system which seeks to predict the preference which a user will give to a given item (Zhao, et.al (2013). In MTC, business needs a BA&SR analysis to address the challenges which are currently affecting HR.  To find the best strategy and the way forward for MTC a thorough analysis will be done on their business strategy to find out how the strategic use of technology can be used to support the firm’s strategies and decision-making process. Furthermore, the complied reported will have an analysis of the business process, the requirement and the system recommendation on regard to the hiring process.

Strategic use of Technology

Business strategy-MTC’s business strategy is to offer excellence consulting services and references to its clients by hiring the top talent and remaining abreast of the fresh business methods and technology or come up with new concepts of their own of running the business. The manual hiring process which MTC uses has a high chance of interfering with achieving the above strategy. This is because the manual hiring process will have the challenge of attracting the best candidates, building data-driven hiring and also attracting the qualified recruits. If the hiring process is improved, the firm MTC will be able to achieve its business strategy since it have the best workforce which is highly qualified and talented and very productive. This will make it easy to achieve the MTC’s intended strategy. The system supports the strategy by helping to have definable objectives and goals. Systems, strategically improve the integration or the business strategy. For example in the MTC case, the system can assist MTC to come up with definable goals that are realistic. Also, the system can help MTC strategically plan how to get the75 needed employees.

Competitive analysis-MTC is currently operating in a very competitive environment. The firm faces competition from huge firms like Booz Allen Hamilton (BAH), Hewlett-Packard (HP), and Science Applications International Corporation (SAIC). Also, the firm faces competition from numerous small firms that have some various customers in the market. All the above firms make the operations make the market to be very competitive for MTC. The hiring system can be used to increase MTC”s competitive advantage. This is through recruiting the best top talent young workers in the market. The talented workforce will make MTC serve to be of top quality than those of competitors hence giving the firm an upper hand in the market. The information included in the MTC hiring system to improve competitive advantage is information concerning employee growth, and better workers incentive based on awarding the best performers.

Strategic objectives– The strategic goals of MTC are to win more contracts in IT consulting, come with cadre consultants and emphasize on remote research and analysis to MTC teas on-site in U.S, increase its ability to provide the best quality consultants to give contracts which serve the client best and make MTC to be very competitive in the marketplace by making its reputation go up for having the best skilled IT consultants.

The following table indicates the MTC objectives which will be achieved with the use of a new hiring system.

Strategic goal objective Explanation
Increase MTC Business

Development by winning new

contracts in the areas of IT

Consulting

Come up with a highly competitive strategy with the ability to win more than 5 contracts a month. The new hiring process will come to provide highly qualified workers who will come up with competitive strategies.

Highly potential candidates will be required

Continue to increase MTC’s

ability to quickly provide high

quality consultants to awarded

contracts to best serve the

clients’ needs

To achieve improved customer service which will be tailored to meet their specifications Hiring system look for candidates with high qualities of customer service.

Knowledgeable candidates with the IT consulting to be identified by the new hiring system

Increase MTC’s competitive

the advantage in the IT consulting

marketplace by increasing its

reputation for having IT

consultants who are highly

skilled in leading-edge

technologies and innovative

solutions for its clients

To provide quality serves in IT consulting and grow MTC to be the number one firm in offering IT consultant services. Hiring highly focused individuals.

Encouraging workers to deliver more through motivation

 

Decision making

The table below represents the decisions which are the MTC’s management level will make based on the information provided by the system

 

 

Role Level as defined in Course Content Reading Example of Possible Decision Supported by Hiring System Example of Information the Hiring System Could Provide to Support Your Example Decision
Senior/Executive Managers

(Decisions made by the CEO and the CFO at MTC supported by the hiring system.)

CEO to introduce quality team in MTC Improve quality Hiring system provides information that candidates should know the importance of quality
Middle Managers

(Decisions made by the Director of HR and the Manager of Recruiting supported by the hiring system.)

More supervision need Improve efficiency Hiring systems emphasizes on process control
Operational Managers

(Decisions made by the line managers in the organization who are hiring for their projects supported by the hiring system.)

Qualified workers needed To facilitate service delivery The hiring system provides information about why workers are needed to facilitate service delivery.

 

Stage 2: process analysis

MTC Hiring process

The below table represents  As Is process of hiring form step one to step twelve and how system can be used to improve the hiring process.

As-Is Process

Part 1

Responsible MTC position

Part 1

To be Process-How the system will support and improve the hiring process (part 2) Business Benefits of the improved process (align with MTC’s overall business strategy and needs)
1.      A recruiter receives application form job hunter via postal service mail Recruiter The system will receive an application via online submission through MTC employment website and store in the applicant database within the hiring system A more efficient submission process decreases the time needed to receive and begin processing applications. This will present a

positive image to

potential employees and

help MTC compete for

Top IT talent.

       
2.      The human resource views the job application Recruiter Applications will be viewed in real-time The recruiting process will be a bit faster.
3.      The applicant credentials are verified Recruiter The system will offer faster credential authentication Fraudulent documents will be eliminated. Only genuine certificates will be allowed
4.      The applicant is conducted Recruiter Responses to applicants will be done immediately if the credentials meet the requirements This fastens the process of preparing the candidate
5.      Acknowledgment of receiving the letter Recruiter System to facilitate real-time response to applicants Applicants will prepare for the next process and prepare themselves
6.      Oral interview conducted Recruiter System to provide a flat form to test the applicant’s communication skills This will enable find the best candidate
7.      The first interview arranged Recruiter System to provide information about what tools are expected to be brought to the interview Enables the applicant to prepare adequately
8.      The actual first interview done Recruiter System to provide information on what to look for Increase the chance of recruiting the best candidate
9.      The candidate is notified of the results Recruiter The system gives the candidate his or her score Enables the applicant know how he or she faired
10.  The second interview scheduled Recruiter System to provide information about what the interview entails Enables the interviewer to prepare adequately
11.  The actual interview takes place and a job offer is given Recruiter, Administrative Assistant The system provides information about what needs to be interviewed Enables the interviewer to ask relevant questions
      12. Administrative Assistant

prepares offer letter based on

information from recruiter and

puts in the mail to the chosen

Candidate.

Administrative Assistant The system enables AA to prepare job offer letter by storing the offer letter template and information on each candidate; allows AA to select information to go into a letter and put it into the template, which can then be reviewed and emailed to the candidate. A more efficient offer process presents a positive image to applicants and decreases the time needed to prepare an offer letter, and enables MTC to hire in advance of the competition.

 

 

Expected improvements

The below table represents the current issues in the hiring and the improvements the current an efficient system will bring in MTC hiring system

Area Current issues Improvements
Collaboration

 

The Hiring Manager states that recruiting is only one area he is responsible for and he isn’t as responsive to HR as he could be.  Therefore, he counts on the Recruiters to help manage the process and keep him informed.

The current manual system causes considerable communication breakdowns and takes additional effort and time to stay on top of the hiring process.

An efficient system with all information in one place, easily accessible via a dashboard, and updated in real-time could make his recruiting job easier; and he could devote time to effectively working collaboratively and proactively with HR on his staffing needs.
Communications: Explain how a hiring system could improve internal and external communications The hiring manager would delay communicating to the applicants arguing that he was busy

 

Communication was done on time hence facilitating on-time preparations and recruiting.
Workflow: Explain how a hiring system could improve the MTC hiring process by providing a consistent structure for each participant to perform his/her part in the hiring process In the current manual hiring, the duties were not specified and the recruiters were depending on the HR go-ahead Everybody will know his role. The hiring system be streamlined leading to the effective hiring system
Relationships: Explain how implementing an enterprise hiring system could foster stronger relationships with applicants/potential employees. There was a cold relationship between the applicants and the employer. Applicants were not free to express themselves and sometimes they were not given the chance to explain themselves fully A good system advocating for stronger relationships will make the candidates feel free to express themselves and their full potential will be discovered. Top talents will be identified.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Palepu, K. G., & Healy, P. M. (2013). Business analysis and valuation: Using financial statements, text and cases.

Zhao, L., Pan, S. J., Xiang, E. W., Zhong, E., Lu, Z., & Yang, Q. (2013, June). Active transfer learning for cross-system recommendation. In Twenty-Seventh AAAI Conference on Artificial Intelligence.

Organizational Culture and Organizational Structure

 

 

 

Organizational Culture and Organizational Structure

(Your Name)

BMGT 364 (section number)

(Instructor’s Name)

 

 

 

 

 

 

 

 

 

Introduction

Every company around the world has an organizational culture to which it subscribes. Organizational culture helps to create a system of values, behaviors, and beliefs that govern employees at the workplace. A strong and positive organizational culture goes a long way in steering the company in realizing its objectives. Also, the application of the right organizational structure will help the company in having a sense of direction since everyone knows where they are supposed to be and what is expected of them. The right combination of organizational culture and organizational structure has the potential of pushing the company toward success.

ZenDesk’s Organizational Culture

The organizational culture of ZenDesk can be described as a clan culture which is characterized by a friendly working environment. The people working at ZenDesk look happy and content with their kind of work. A clan organizational culture is one where people have a lot of similarities and seem to get along with one another (Ehrhart, Schneider, & Macey, 2014). The leaders in an organization practicing the clan organizational culture are seen as mentors and guide individuals toward realizing their full potential. This is seen by the CEO of ZenDesk in different scenarios wherein one scenario he is wearing casually and interacting with employees of the company, and another instance where he is seen in a boardroom with executives. This shows that he can blend in with people of all levels in the organization.

There also seems to be great involvement among the employees. The video shows the different teams, engineering, finance, HR, working together in their different capacities. A clan organizational culture does well in inspiring tradition and loyalty, and therefore employees can stay on the course of business operations to help it realize its set objectives and goals (Ehrhart, Schneider, & Macey, 2014). The commitment of the employees at ZenDesk is what has seen the company grow from just three members to a whole team of people, who are still giving their best to see the company grow further. This element of commitment has helped the company to maximize productivity and growth and the company has over the years increased in size.

The culture of teamwork is so powerful that the in the engineering team it is different to tell apart those who are a manager from those who are not, it does not matter for it is just a team. This is an important feature of the clan organizational culture which places individuals as team members rather than seniors and juniors (Ehrhart, Schneider, & Macey, 2014). This is a similar case when looking at the executive where it is not simple to exactly point out the CEO of the company. Removing the veil of superiority is important for it enables individuals to be comfortable and are therefore able to give their best without being intimidated.

The company has managed to use this organizational culture to create a competitive advantage of enabling its employees to work together as a team and are therefore able to come up with great ideas that build company software for customer engagement. The friendly business environment is what inspires the team to develop software that helps other companies handle their customers well and improve their business performance.

ZenDesk’s Organizational Structure

ZenDesk uses a functional organizational structure as can be seen by the representation of the different teams namely engineering, support group, IT, marketing, creative department, sales, services, documentation, finance, and the executive. These groups represent functional areas of the organization and are put in that way depending on their knowledge and skills (Singh & Khatri, 2016). Each of the functional areas carries its special operations which it reports to the top management for decision making. The engineering team is involved in product development, the IT team is involved in supporting employees in the company with matters to deal with the computer systems at the company, the marketing team is involved in the promotion of the company’s products, the documentation team is involved in keeping records at the company in an organized manner, the HR departments helps the company in recruiting the best talent to steer the company’s growth, the finance helps in keeping the management informed of the financial position of the company.

A functional organizational structure helps to put individuals with the same skills and expertise together thus improving productivity and making it of high quality. This is so because it leads to specialization which makes individuals in various departments to be familiar with what they do and excel in it. The specialization honed by functional structures helps to create in-depth skill and knowledge development among workers, leading to the realization of functional goals (Singh & Khatri, 2016). High productivity is also achieved in a functional structure since efficiencies are achieved as the different employees gain confidence in their skills. It offers a clear nature of the path that one’s career is to take and creates space or one to move up the management of the company.

Conclusion

The proper combination of the organizational culture and structure at ZenDesk has enabled the company to grow from just a small company to a big one to employ a large group. The clan organizational culture has enabled employees of the company to build a friendly environment where anyone can thrive. The culture is so strong that the CEO can relate well with members of the company, and also it is not easy to tell who is senior and who work under the other. The functional organizational structure has helped the company to group together individuals of the same skill and knowledge to create a synergy that increases productivity.

References

Ehrhart, M. G., Schneider, B., & Macey, W. H. (2014). Organizational climate and culture : an introduction to theory, research, and practice . New York: Routledge.

Singh, C., & Khatri, A. (2016). Principles and practices of management and organizational behaviour. Los Angeles: SAGE.

 

 

 

 

 

Boeing – 737 MAX Defects Plane Crashes

Boeing – 737 MAX Defects Plane Crashes

Introduction

            Boeing Aerospace Company is one of the world’s planes manufacturer of commercial planes, security systems, and defense as well as space planes. Boeing provides after-sales support for all clients from around the world. Boeing has massive influence in the US airline sector and governments in more than 150 countries. 29th October 2018 and 10th March 2019 were crucial moments due fatal crashes of two Boeing 737 MAX planes in different parts of the world (Shvindina, 2019). Lion Air flight 610 in Jakarta, Indonesia crashed 12 minutes after takeoff into the java sea ending the lives of 189 passengers and crew. In another incident, Ethiopian airlines flight 302 headed to Nairobi, Kenya crashed just six minutes after takeoff, killing the 157 passengers and crew on board. The two events led to an uproar in the global aviation circles, with calls to ground all Boeing 737 MAX in operation in different airspaces around the globe.

            Following the accidents, airline companies from around the world grounded Boeing 737 MAX, triggering investigations by the US Department of Justice and Federal Transportation Authorities (FAA). The two incidents posed both legal and ethical issues of different proportions. A legal problem concerns the compensation of victims involved in the two crashes. Airline operators from around the world are also likely to demand payment from lost revenue as they wait to install improved simulator software. On the other hand, an ethical problem emerges from details by the management team that it was aware of flaws in Boeing 737 MAX simulator software. The issue is compounded by the fact that the management did not reveal the information until the recent incidents. This essay provides that Boeing’s two events in Ethiopia and Indonesia have legal and ethical implications to the company, victims, airline operators and shareholders.

Identification and application of general legal topics

Compensation laws provide that victims of accidents should be adequately compensated for deaths and other losses. Airlines and insurance companies have tangible partnerships to ensure loss of lives and property due to plane accidents are adequately compensated. Plane crash information is effectively applied to determine if airplane parts/gadgets are defective (Johnston & Harris, 2019). Hence the investigators engage in the evaluation of incidents to assign liability on percentage grounds.  Manufactures can be at fault if it is determined that some of the devices in the planes are faulty (nypost.com/2019). Such a failure cannot be more than 70% if the management is not aware of defective equipment before a crash (Shvindina, 2019).  Victims of plane crash victims receive compensation depending on the liability of operators or manufacturers. Connecting the legal issue with crashes of two Boeing 737 MAX planes within the last one year is critical. Settlement of the victims has been compounded by the fact that Boeing Aerospace company management admitted that it was aware of the safety concern of the 737 MAX indicating a probable malfunction. However, the company did not reveal the information until after the two crashes.

Management at Boeing means that faulty Boeing 737 MAX simulator software prevents pilots from about the pitch in the plane. According to the management, the fault in the 737 MAX was discovered several months after launching the flight. Although it is not explicit if the defect informed the crashes in Ethiopia and Indonesia that accused deaths of more than 346 people, all observations indicate acts of omission and commission by the manufacturer.  File lawsuits suggest that Boeing Aerospace Company has been charged for misconduct and greed, with claims that the company failed to inform pilots about the simulator software on 737 MAX (nypost.com/2019). Families in Indonesia, Kenya, France, and Ethiopia, the US, among other countries, have filed lawsuits against the company. As a demonstration of the amounts of money expected in compensations, a French window is suing Boeing for $276 million daily lost revenue accrued by the company in 2018.

            US Federal Aviation Authority (FAA) has specific regulations and inspection procedures to ensure all planes manufactured in the country meet the stringent standards for operations. An issue of regulation is prominent in the Boeing 737MAX crash issue (Johnston & Harris, 2019). As a demonstration of the determination to regulate the aviation sector, Federal investigators and Congressional committees are seeking answers on how the FAA certified the plane. Efforts by the federal agencies will alter how the US aviation sector is controlled. Shareholders and victims’ families have mobilized their legal teams to sue the company, claiming that the multinational put revenue/profits over safety and security.

Manufacturing defective devices can be legal aspects of the problem facing Boeing. An act of knowingly manufacturing a defective device offers a constitutional dimension to the problem. Developing Boeing 737MAX simulator software failed to adhere to laid down regulations for manufacturing devices of such sensitive nature. Boeing Aerospace Company applied a shortcut to achieve the much-desired selling point for the 737 MAX planes. The new development would require a pilot to accumulate just 2.5hourd iPad training before they can fly the latest model. Questions have been raised about the competency of certifying and regulating agents.  Nature of practice to the pilots has been doubted, implying the possibility of lawsuits against the involved agencies. Issues of certifications have emerged, indicating that Federal Aviation Authority could be liable.

            Breach of business contract is a legal issue in the problem. Purchasing an aircraft is accompanied by a guarantee that the devices have been manufactured to highest level of safety standards. Boeing Aerospace Company failed to recall the faulty planes several months after launching the products into the market. Operators of the grounded planes can initiate legal proceedings due to massive losses. Boeing Aerospace Company has clients in more than 150 countries in the world (Learmount, 2019). Frustrated airlines have to cancel thousands of flights following the grounding of company’s planes with uncertainties on when the company will return to operations, further compounding the issue.

The company argues that they are ready to sue the company for huge losses. For example, European and US airlines have argued that grounding the planes constitute losses running into millions of dollars and thus are ready to sue Boeing Aerospace Company to recover the damages. Southwest Airlines, that has the biggest fleet of Boeing 737 MAX planes, has indicated that it lost more than $200 million in the first quarter due to grounding of aircraft and canceled flights (Arumugham, 2019). American airlines Inc. has estimated the losses from the grounding of the Boeing 737 MAX to about $350 million resulting from the canceled 15,000 flights.

Boeing Aerospace Company may not be compelled to compensate for the losses but repairing the lost image would be herculean. Reports from Boeing Aerospace Company management show that simulator lacks the necessary features and capacity to reproduce conditions during flights. Ethiopian and Indonesian airline crashes may have been informed by the incapability of the device. It can be argued that Boeing Aerospace Company knowingly sold the planes fitted with the defective simulator software. Therefore the company could have violated warranty agreements and thus has liability over losses due to grounding of planes. MCAs are the software attributed to the crashes in Jakarta and Addis Ababa.

The reluctance of US Federal Aviation Administration and Boeing Aerospace Company to adequately inform the pilots caused the accident (Shvindina, 2019). Therefore, the two agencies contributed to breach of warranty and could lead to critical legal implications. Implementation of such legal action could see the manufacturer lose several billions of dollars in compensation claims. Reports indicate that Boeing Aerospace Company recommends just 30-minute self-instruction course for pilots.  Professionals in the field suggest that acquisition of the skills require additional classroom instructions or useful simulator software.

How Milton Friedman’s shareholder or free-market ethics influenced the leadership of the company

Milton Friedman’s shareholder philosophy observes that corporate managers have a duty to perform business to fulfill the desires of shareholders. The economist implied that making as much profits as possible increase shareholder value in all dimensions. However, Friedman’s philosophy insists on importance to conform to basic rules of the society, legal requirements as well as ethical responsibilities. Boeing Aerospace company management insisted on launching 737 MAX planes to compete with Airbus in the lucrative markets. In doing so, the management was keen to increase shareholders’ value. The management was eager to maintain the clientele base and focus on revenue generation. Corporate managers at the company have a duty to ensure that they overcome competition in the market by employing all possible approaches.

Boeing Aerospace Company’s launching of 737 MAX planes was in response to A320neo launch by Airbus (Zhang, 2019). The latter has fuel efficiency features which lower the cost of operations. Such action is critical in promoting the interests of shareholders. Having fuel-efficient planes in the portfolio is essential to increasing sales and ensures that Boeing Aerospace Company does not lose bulk of clients to Airbus. Launching 737 MAX was strategic in overcoming the daily competition between the two multinationals. Records indicate that Boeing Aerospace Company and Airbus have been engaged in equal duopoly in a market valued at $3.5 trillion in the last 20 years (Learmount, 2019). Therefore, Boeing Aerospace Company leadership has been embroiled in efforts to protect the market share through monitoring approaches that Airbus makes. The reverse has also been true with airbus leadership keen to defend its share of the market.

Milton Friedman’s free-market ethics focus on promoting business freedom as critical political freedom. Succinctly, it is impossible to separate business and political interests. The theory provides that economic freedom is essential for protection of minorities and ensuring mitigation against all forms of discrimination. Boeing Aerospace Company leadership acknowledges its responsibilities in protecting the rights of the shareholders, including those with minimal portfolio (Johnston & Harris, 2019). Thus, in spite of the quagmire that the company faces following the two crashes, the leadership remains upbeat that it will soon recover.

            Questions have been emerging on whether Boeing Aerospace Company has lacked the necessary leadership to handle the issue. The problem has been intensified by the fact that governments from around the world have the same feeling. Countries have grounded their 737 MAX planes with clear indications they have lost confidence in the leadership of the company. Issues emerging indicate that in spite of the need to protect the interests of the shareholders. Boeing Aerospace Company leadership should have observed a sense of market ethics in making critical decisions such as launching the 737 MAX planes.

The ethical framework that the company leadership could have utilized in this situation

Boeing Aerospace Company leadership could have used the consequentialist theory. An application of the approach would have offered a moral framework and ethical course depending on the final results. Before launching 737MAX, Boeing Aerospace Company leadership should have pragmatically considered the outcomes (Shvindina, 2019). In spite of the need to protect the market share, Boeing Aerospace Company leadership should have put safety ahead of profits.  The framework implies that Boeing leadership failed to consider how their actions would affect the results.

The management should have chosen an action plan that contributes to the overall good. Boeing Aerospace Company would have avoided the difficult situation facing the company if the leaders had engaged in a better framing of the case (Knights  & O’Leary, 2006). By application of consequentialist theory, Boeing Aerospace Company leaders would have shaped and contained an adverse escalation of the problem. Implementation of the consequentialist approach would have revealed the issues and the opportunities for the company. Use of the method would have enhanced transparency at Boeing Aerospace Company so that leadership emphasized performing all necessary tests before the launch of 737 MAX planes. Thus, the results on the performance of the planes would be different.

Use of the approach would have morally beneficial so that Boeing Aerospace Company management applied procedures that aligned with ethically reflective objective. Boeing Aerospace Company management could have applied a consequentialist framework to prioritize human safety (Knights & O’Leary, 2006). Increased levels of uncertainty and risks that Boeing Aerospace Company has been experiencing could be attributed to failure by the management to adhere to the consequentialist framework. Following the first crash of Lion Air in October Boeing leadership could have employed all the necessary actions to avoid further escalations. An application of the consequentialist framework could have led to a clear path of action. Boeing Aerospace Company could have engaged the regulators to tighten Boeing 737 MAX features to increase passenger safety.

References

Arumugham, V. (2019). Vaccine safety: Learning from the Boeing 737 MAX disasters.

https://nypost.com/2019/05/19/boeing-admits-to-flaw-in-737-max-flight-simulator

Johnston, P., & Harris, R. (2019). The Boeing 737 MAX Saga: Lessons for Software Organizations. Software Quality Professional21(3), 4-12.

Knights, D., & O’Leary, M. (2006). Leadership, ethics and responsibility to the other. Journal of Business Ethics67(2), 125-137.

Learmount, D. (2019). What’s the difference?: two fatal Boeing 737 Max crashes have raised concerns that the system for extending pilot’s qualifications to new variants of an aircraft type may have been stretched too far. Flight International.

Shvindina, H. (2019). Coopetition as an Emerging Trend in Research: Perspectives for Safety & Security. Safety5(3), 61.

Zhang, H. (2019). Dynamic Word Embedding for News Analysis (Doctoral dissertation, UCLA).

Questionable Justice in Australian Courts

Several artworks that depict the Lady of Justice statue exist in different forms, including sculptures, paintings, metal status, and coats of arms. These artworks are found in courthouses almost in all parts of the world from South America and Europe to North America and the Middle East. These statuses are also found in legal, educational institutions and law offices where the Lady of Justice holds a sword, scales of justice, and perhaps blindfold. As the name suggests, the Lady of Justice is a symbol of fairness, while the blindfold represents impartiality and equality (Kuijer, 2013). However, this is not always the case because some instances of bias are witnessed in courts across the world. Australia is not an exception because there are a few instances that demonstrate partiality and unfairness in rulings or proceedings. Goddess Justitia wears a blindfold that is symbolic of equality, but the extent of its reflection in actual workings in Australian courts is questionable because of biases witnessed in some rulings and admission of emotions during practice.

Fair trial and hearing constitute equality, the right to a public hearing, and independent and impartial judgment. However, this has not been entirely the case in Australian courts because of several reasons. First, research conducted in 2016 revealed that Australian magistrates and judges admitted to experiencing strong personal emotions and feelings towards cases they preside over (Carbonell, 2016). A study conducted by Flinders University Judicial Research led by Sharyn Roach Anleu indicated that over 90% of judicial officials and magistrates ranked fairness as the most crucial element to bring to the bench. The officers use specific strategies to prevent biases in their rulings, but they still struggle with emotions. The plan at hand is mostly evidence-based, whereby judicial officials depend primarily on the evidence presented to make rulings (Carbonell, 2016). During the interviews, some magistrates conceded personal reactions to individuals in court were unavoidable. Any time emotions come to play, impartiality cannot be granted, and this is a big issue in judgments not just in Australia but also in other parts of the world.

Besides, Networked Knowledge Law Report highlights Antoun v R(2006) HCA 2 case as an example of an instance of bias in case hearing. In this case, the Antouns were charged together for demanding money with threats from MS, with the intention to steal. The case was tried in the District Court NSW before Judge Christie (Moles & Sangha, 2006). The Antouns were found guilty and sentenced to prison. Their efforts to appeal bore no fruits because they were based on the conduct of the judge. Precisely, the basis of the appeal was that the behavior of the trial judge was not impartial and that a fair-minded observer would easily have realized. The bottom line is that the judge apprehended bias, which is said to have emerged from the way in which Judge Christie dealt with the submission of ‘no case to answer’ and his approach to handling a question of bail (Moles & Sangha, 2006). This is one of the many instances where judicial officials in Australia fail to obey the element of the blindfold on the Lady of Justice. It clearly shows that as much as the blindfold represents equality, the Australian courts do not entirely demonstrate impartiality in their proceedings and rulings.

Moreover, questions of biases have been mentioned on the Federal circuit court where Judge Sandy Street has continually ruled for Immigration in over 200 cases. Precisely, a statistical analysis shows that out of 256 immigrant applications made between January and June 2015, 254 were against Judge Street’s ruling (The Guardian Official, 2016). In other words, only two cases out of 256, which represent about 1% of the cases, were ruled in favor of immigration applicants. In such an instance, a fair-minded observer would definitely conclude that the judge was biased within that period. The entire public gave negative reviews and even went to give complaints on social media where they blamed the judiciary for their misfortunes. There is no way a judge would demonstrate such high levels of biases in rulings and still be allowed to hear more cases. In fact, he should not have gone beyond 100 cases before he was excused from hearing immigration matters. The judicial leadership failed big time by allowing Street to continue hearing cases that he obviously demonstrated biases (Robinson, 2015). It means that Street’s behavior was just ‘normal’ conduct to the jury leadership. In other words, the administration saw nothing wrong with what was happening until there was a public outcry that they decided to put Street on a judicial review. This is sufficient evidence to prove that even though blindfold on the Lady of Justice represents impartiality, there is no fairness in Australian courts.

Those in defense of the jury in relation to equality argue that Australian courts follow the court process to the latter. They argue that a fair trial is where the jury recognizes the interests of both the accused and the victim – defendant and plaintiff. This is what happens in Australian courts, where the judges often recognize both parties and give them time to make their submissions (Solovay, 2008). Once they make their submissions, the judges make judgments based on the evidence provided. When one mentions instances of apprehended bias and other forms of partialities, those who defend the jury argue that they are very few instances that cannot amount to 1% of the cases heard. Such an argument is wrong because besides the example above, there are several others cited as being ‘biased.’ Examples include but not limited to Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, R v Goussis [2007] VSC 171, Johnson v Johnson (2000) 201 CLR 488, Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, and R v Branko Balic (No 2) (1994) 75 (Judicial College of Victoria, 2014). Surprisingly, some of the cases that have not been cited here date back to 1920s, which shows that the issue of biases in Australian courts is not new and that the problem has been consistent over time.

In conclusion, the Lady of Justice is a symbol of a fair trial in the whole world. Some of them have blindfolds on their faces that represent equality in rulings, but this is not always the case. In Australia, there are several instances where the courts have failed to demonstrate equality. It is unfortunate that one judge can give 99% of rulings in favor of an institution (Australia’s Migration Department) yet the judicial leadership fails to realize until there is a public outcry. It is even worse to note that the issue of biased rulings has been in existent since the 1920s and no permanent solution has been realized until today. Therefore, as much as the blindfold represents equality, there is no doubt that instances of biases in case hearings and rulings exist in Australian courts.

References

Carbonell, R. September 28, 2016). Judges admit to emotion in court but say they avoid bias in judgments. The Law Report; ABC News.

Judicial College of Victoria (2014). Judicial Bias. Judicial College of Victoria. Retrieved from http://www.judicialcollege.vic.edu.au/eManuals/VCPM/27528.htm

Kuijer, M. (2013). The blindfold of Lady Justice: Judicial independence and impartiality in light of the requirements of article 6 ECHR. Leiden: Recht University Press.

Moles, R. & Sangha, B. (2006). Networked Knowledge Law Reports Antoun v. R [2006] HCA 2; (2006) 224 ALR 51. Networked Knowledge. Retrieved from http://netk.net.au/Australia/Antoun.asp

Robinson, N. (September 9, 2015). Federal Circuit Court judge Alexander Street accused of bias after rejecting hundreds of migration cases. ABC News.

Solovay, S. (2008). Tipping the scales of justice: Fighting weight-based discrimination. Amherst, N.Y: Prometheus Books.

The Guardian. (February 29, 2016). Judge faces judicial review over ‘biased’ immigration rulings. Retrieved from https://www.theguardian.com/australia-news/2016/feb/29/judge-alexander-street-judicial-review-immigration-rulings

Literary History Analysis

The extent to which one can read and write determines their level of literacy. Reading and writing are part of individuals’ way of life in society. That is because, in one way or the other, almost every person engages in some reading and writing. What then motivates people to read and write? Some individuals may only read and write for a specific purpose, say reading and writing for the sake of a school program. However, some read and write because they love it and are passionate about it. Recently researchers are showing significant interests in the relationship between the reading and writing process, and the culture that revolves around reading and writing. That comes with the ability to be able to read and write during the early stages of growth. However, there still exists a gap in the impacts of one’s first experiences of reading and writing has in their perception about the same, later in life. This research thus, reviews some of the answers of the eight participants to Literary History Analysis (LHA) questionnaire, determining the impact their early reading and writing experience have on their interest about the same growing up.

 Reading and writing form part of individuals’ society, in one way or the other, as the participants’ answers on the LHA questionnaire presents. Every participant testified to having participated in writing as well as reading at a given point in their lifetime. Even so, a more significant percentage only had experience with reading, of course, with the help of their family members. When it comes to writing, the majority had their first experience when they joined the school. For instance, participant 7 writes, “growing up, I always loved reading science fictions before bed. I always found them interesting and loved discussing them with friends at school. I have been writing essays since middle school…” Participant 7 recalls her experience with reading and writing, and clearly, her readings begun at home while her writing experience came with essay writings from middle school. Brandt (1994) finds out from the interview that most people typically remembered their first reading experiences as pleasurable occasions organized by adults. Such means that adults are usually supportive when it comes to helping children read. However, her findings on writings are not anything far from the feedbacks in the LHA questionnaire. According to Brandt (1994), there were few memories of writing outside school, and for those that remembered, such usually occurred out of the eye of adult supervision and, often, involving feelings of loneliness, secrecy, and resistance. Such means that the majority of writing experiences were not supported at home. What roles thence, do such experiences play in the participants lives?

Every participant agreed to have read some novels at their tender age, and the majority were only able to write when they started schooling. This early experience with reading turned more into a hobby for the majority of the individuals. At the early stages, and with the help of the family members, in this case, mostly mothers, most people had experiences with fiction novels. Majority of these people continued reading such books as they grew up to become independent. They expressively indicate their love for reading stories which originated from the experiences they were introduced to by their mothers. One participant stated, “I have always loved reading…. I think that these attitudes came from me growing up in a Jewish home, where reading books about Judaism is a norm.” This particular participant loves everything to do with reading and owes this to the early experience and the background, which requires reading of Judaism books. Such shows that the first encounters that one has of reading play a significant role in their later perception.

When one is exposed to books of a particular type, which he or she tends to enjoy, the likelihood is that they would love doing that while growing up. Those who had early experience in reading religious books such as the participant mentioned above turned out to be enjoying reading books of such type later in life. Some of the participants identified with having read fictions novels at their early development stages. As time progresses, they still love such books. The pie chart in figure 1.1 below shows a representation of the feedback given to the LHA questionnaire. The higher percentage of the participants participated in reading in their early stages. Writing, on the other hand, was very minimal, with the majority starting to write at school in different stages. Later, the impact of such early exposure pattern reveals itself, as the majority followed the same. Those that had earlier exposure to reading both fiction novels and religious books maintained this to their old ages. As a result, the percentage of those still enjoying reading is high compared to those who love writing.

Figure 1.1 a pie chart showing the ratio between and later reading and writing

One can say that early experiences when it comes to reading and writing act as a significant determinant to whether one would enjoy such later in life. The idea that most families make it a norm to read stories to their children is very substantial. That is because it positively impacts on the attitude and passion of such kids. The children tend to grow enjoying such experiences with the urge to carrying on with them. That is seen when the majority of the answers in the LHS love reading with skills drawn from their childhood memories. However, the majority of families do not introduce their children to writing early enough. That tends to impact negatively on them. The feedbacks show that most of the writings are school initiated. This means that the majority write for the sake of completing a task and not out of passion. As a result, not so many people grow up to love writing, as some would compare to reading.

Moreover, even for those who tend to write, say out of passion, they do so for their benefits. That means not the majority would love to write for the public, because their parents in the early days never exposed them to writing. Participant 3 explains, “I happen to love writing when not graded.” Why when not graded? Majority of individuals lack the confidence of presenting their own writings, especially since it represents own thoughts. Parents are never used to writing in the presence of their kids to bring out such confidence. Brandt (1994) as well discusses most of the interviewees being unable to write publicly but for private reasons. That is owed to the fact that they lack such exposure from their parents during their early years. As a result, one could say that early reading and writing experiences are essential in determining the literacy level of an individual. Having supportive parents during the early years in terms of helping one learn to read and write would turn out to be a positive thing in developing their literacy growth.

In a nutshell, Reading and writing are part of individuals’ way of life in society. That is mainly because almost every person engages in some reading and writing. The reviews of some of the answers of the eight participants to Literary History Analysis (LHA) questionnaire confirms that. In addition, the reviews help identify the impacts of exposing one to reading and writing early in life. From the review, it was determined that early reading and writing experience play a significant role in one’s willingness to become a writer or read later on. Every participant testified to having participated in writing as well as reading at a given point in their lifetime. Even so, a more significant percentage only had experience with reading, of course, with the help of their family members. When it comes to writing, the majority had their first experience when they joined a school. It is therefore conclusive that early experiences when it comes to reading and writing act as a huge determinant to whether one would enjoy such later in life. The idea that most families make it a norm to read stories to their children is very significant. That is because it positively impacts on the attitude and passion of such kids. The children tend to grow enjoying such experiences with the urge to carrying on with them.

Reference

Brandt, D. (1994). Remembering writing, remembering reading. College Composition and Communication45(4), 459-479.