Similar Fact Evidence - Free Essay Example

The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of facts in issue or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Since stakes in criminal trials are generally high, prosecution would have to prove the accuseds guilt beyond a reasonable doubt. Since similar fact evidence as evinced in s  11(b), 14 and 15 of the Evidence Act(EA) can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the EA and reflect the common laws prejudicial propensity balancing test. 2. Similar Fact Evidence A. Background Similar fact evidence is not directly connected to the case but is admitted to prove the existence of facts in issue due to its general similitude.The worry that the trier of facts would convict the accused based solely on evidence of prior conduct has generally led to the inadmissibility of such evidence in the trial as this is severely prejudicial. This concern is amplified in bench trials. Studies have suggested that judges were as influenced as laypersons when exposed to inadmissible evidence, such as prior convictions, even when they held that these evidences were inadmissible.  [6]  This is despite strong confidence in the judges ability to remain neutral to the inadmissible facts.  [7] Hence, the accuseds past similar offence or behaviour is inadmissible as similar fact evidence based on pure propensity reasoning would colour the courts ability to assess the evidence [objectively].  [8] Nonetheless, the mere prejudicial effect of such evidence does not render it inadmissible. It may be highly relevant, especially when such evidence is used to determine whether the acts in question were deliberate or to rebut a defence that could have been available.  [9] B. EA Under s  5 of the EA, a fact is only relevant if it falls within one of the relevancy provisions  [10]  stated in s  6 to s  10 of the EA. These provisions govern specifically the facts in issue, i.e. determinant facts that would decide whether the accused is guilty according to the substantive law governing that offence.In addition, s  11(b) was enacted to be the residuary category for the relevancy provisions. In contrast, similar fact evidence is primarily administrated by s  14 and s  15 as it is concerned with conduct that is merely similar in nature to those facts in issue  [13]  . s  14 is applicable only when the state of mind of the accused is in issue. Similar fact evidence is admissibl e to prove mens rea or to rebut the defence of good faith.  [14] s  15 deals with similar fact evidence that forms a series of similar occurrences to prove the mens rea of the accused,  [15]  and enables the prosecution to produce evidence to rebut a potential defence otherwise open to the accused.  [16] Admission of similar fact evidence under the EA is based on a categorization approach  [17]  , where such evidence is admissible pursuant to the exceptions stated in the EA  [18]  . Hence, similar fact evidence should only be admissible to prove the mens rea of the accused under s  14 and 15.  [19] Significantly, Singapore, India, Malaysia and Sri Lanka have identical s  11, 14 and 15 provisions in their respective Evidence enactments. With the exception of the Indian Evidence Act  [20]  , the three sections have not been amended since the 19th century.  [21] C. Case Law Interpretation of Similar Fact Evidence in EA Singapo re courts have not strictly adhered to the draftmans intention in recent cases.  [22]  The court has incorporated common laws balancing test  [23]  where the judge would balance between the probative and prejudicial effect of the similar fact evidence.  [24] In Lee Kwang Peng v PP  [25]  , scope of similar fact evidence was extended to prove actus reus. Pursuant to s  11(b), the court was of the view that the section embodied  [26]  the balancing test. Hence, similar fact evidence is admissible to prove both mens reas and actus reus.  [27]  Although readily admitting that this would be contrary to the draftsmans intention, then Chief Justice Yong held that the EA should be a facilitative statute rather than a mere codification of Stephens statement of the law of evidence  [28]  . The courts, until Law Society of Singapore v Tan Guat Neo Phyllis  [29]  (Phyllis Tan), were generally of the opinion that they had the discretion to exclude evide nce substantially unfair to the accused.  [30] D. Under the Criminal Procedure Code Act (2010)  [31]  (CPC) s  266 of CPC, dealing specifically with stolen goods, allows previous convictions of the accused to be admitted to rebut his defence of good faith and/or prove mens rea. However, notice would have to be given to the accused before adducing such evidence  [32]  . E. In Comparison to Common Law Unlike the EA, admissibility of criminal evidence at common law is exclusionary. As long as the evidence is logically probative, it is admissible unless it contravenes clear public policy or other laws.  [33] In Makin v A-G for NSW  [34]  , Lord Herschell formulated the two-limbed rule governing the admissibility of similar fact evidence. Under the first limb, the prosecution is not allowed to adduce similar fact evidence for pure propensity reasoning. However, under the second limb, evidence of the accuseds past conduct is admissible if relevant to the facts in issue via the categorization approach.  [35] Boardman v PP  [36]  reformulated these rules by incorporating the balancing test. Under this test, the probative force of the similar fact evidence must outweigh the prejudicial effect. Furthermore, such evidence should be strikingly similar, such that it would offend common sense if the evidence is excluded.  [37] However, the requirement of striking similarity was deemed to be too narrow in DPP v PP  [38]  . Instead, sufficient probative force could be gleaned from other circumstances  [39]  . Nonetheless, similar fact evidence used to prove identity must be sufficiently special to portray a signature or other special feature that would reasonably point to the accused as the perpetuator of the crime.  [40]  Hence, similar fact evidence is admissible to establish actus reus  [41]  . F. Defects of EA Singapore courts have incorporated common law principles and extended the applicability of similar fact evidence to prove actus reus. This has resulted in inconsistencies between the draftsmans intention and the courts approach. Further, there are some ambiguities that require clarification. First, there are difficulties superimposing the Boardmans balancing test into s  11, 14 and 15  [42]  as the EA was drafted to suit the categorization approach. The court would have to admit evidence falling under either section even if it may not be very probative or is highly prejudicial. Hence, s  14 and s  15 address only the probative part of the balancing test and leave no room for prejudicial effect considerations.  [43]  As a result, judicial discretion to exclude very detrimental evidence was developed.  [44] Second, although allowing similar fact evidence to prove actus reus would require the judge to evoke an additional step of inference  [45]  , limiting the use of this evidence to prove mens rea would allow extremely probati ve evidence to be excluded  [46]  . Third, admissibility rules under the EA do not distinguish situations where the accused adduced similar fact evidence unintentionally. An injurious consequence would result if the prosecution is entitled to use such evidence.  [47] Fourth, under s 15, a single act, no matter how probative, is inadmissible.  [48]  However, this does not take into account the consideration that an act may be capable of supporting the argument based on the rarity of circumstances  [49]  . Fifth, the courts have admitted similar fact evidence pursuant to s  11  (b) although it may not be pertinent to the facts in issue. Hence, EA should be amended to provide safeguards against such usage of s  11(b). Lastly, in light of Phyllis Tan  [50]  , more protection against admissibility of similar fact evidence should be incorporated into the EA. 3. Possible Options A. Survey of the other Jurisdiction (1) Australia Uniform Evidence Acts  [51]  (UEA) Under UEA, propensity evidence and similar fact evidence are governed by the tendency rule in s 97 and the coincidence rule in s  98. (a) Tendency Rule Evidence pertaining to the character, reputation, conduct or a tendency that the accused possessed is inadmissible unless (a) notice is given to the accused and (b) the evidence has significant probative value. Although UEA does not state how probative the evidence has to be, probative value of the evidence is defined the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.  [52]  Operation of s  97 would be invoked when the evidence is adduced for the purpose of proving the accuseds inherent tendency to act in a particular way.  [53] (b) Coincidence Rule As a general rule, evidence of related events which must be substantially and rele vantly similar  [54]   would be inadmissible unless notice is given and the court is convinced that it possesses significant probative value  [55]  . (c) Criminal Proceedings A safeguard was inserted in relation to criminal proceedings under s  101 where the probative value of either the tendency or coincidence evidence would have to substantially outweigh any prejudicial effect. However, the degree of probativeness need not  [56]  be of such a degree that only one conclusion, i.e. culpability of the accused, could be drawn  [57]  . (No rationale explanation test) (d) Analysis UEA clearly adopts the balancing test approach, where the probative effect of the evidence must substantially outweigh the prejudicial effect on the accused. Furthermore, the introduction of the notice system would reduce the prejudicial effect as the accused not be unduly surprised. However, as pointed out by the Australian Law Reform Commission, there is much ambiguity i n what constitutes significantly probative and when the probative effect will substantially outweigh the prejudicial effect. Significantly, in Australia, the trier of fact and law are different. Heavy reliance on the judges discretions, added with the ambiguity and wide application of the balancing test, would increase the risk of prejudice in bench trials. (2) India Statutory Amendments Some amendments to s  11, 14 and 15 of The Indian Evidence Act  [58]  , upon which the EA was modeled on  [59]  , had been made pursuant to a review in 2003.  [60]  However, the changes made were very minor.  [61] (a) Section 11 An explanation, inserted after s  11(2)  [62]  , qualified the type of evidence rendered relevant under s  11 such that the degree of relevancy is dependent on the opinion of the Court  [63]  . (b) Section 14 Clarifications to illustration (h) of s  14 were made such that the similar fact evidence has to show that A either had constructive or actual knowledge of the public notice of the loss of the property.  [64] (c) Section 15 The changes merely show that the acts made, pursuant to s 15, must be done by the same person.  [65] (d) Analysis It would appear that the amendments to the Indian Evidence Act do not have any substantial impact on the law. However, the amendment of s  11 explicitly mentions that the degree of relevancy of facts is subjected to the opinions of the court, which suggests an approach more in line with the balancing test. (3) England and Wales Criminal Justice Act 2003  [66]  (CJA) The admissibility of criminal evidence is presently governed entirely  [67]  by the CJA. Part II of CJA addresses the admissibility of bad character  [68]  evidence, which is defined as a persons disposition for a particular misconduct. Evidence of the defendants bad character can be adduced if it falls under one of the seven gateways unde r s 101(1)  [69]  . Significantly, under s 101 (1) (d), bad character evidence is admissible if it is relevant to an important issue between the defendant and the prosecution  [70]  . This includes the propensity to commit a particular type of offence which the accused is charged with or the propensity to lie  [71]  . Moreover, past convictions may be admissible to prove the defendants propensity to commit the crime he was charged with.  [72] Regardless, s  101 (3) allows the court to exclude evidence, falling under s 101  (1)(d), upon the application of the defendant if the court views that admission of such evidence would infringe on the fairness of the proceedings.  [73] The scope for the admissibility of bad character evidence has widened under the CJA.  [74]  In fact, evidence of bad character has changed from one of prima facie inadmissibility to that of prima facie admissibility  [75]  . Although, under s  103, bad charact er evidence would be inadmissible if it does not heighten the culpability of the accused, suggesting that the evidence must have some probative force, it appears that the CJA has abandoned the balancing test. Hence, similar fact evidence in the form of bad character evidence would be inadmissible if it lacks probative value in the establishment of the defendants culpability. However, s  101 (1), with the exception of s  101(1)(e), merely requires the evidence to be probative, without the need to outweigh prejudicial effect. 4. Proposal The EA would require more than a mere amendment. Hence, the type of reform advocated under the Indian Evidence Act should not be adopted. However, a radical change from the categorization approach to the balancing approach, following UEA, would give the court too much discretion. This is worrying as judges may not be entirely indifferent to inadmissible facts when deciding the case. On the other hand, the approach under the C JA would be contrary to Phyllis Tan  [76]  and potentially allows highly prejudicial similar fact evidence to be admissible as long as the prosecution can show some probative value which points towards the guilt of the accused. Hence, a hybridised model should be adopted where the categorisation approach under s 14 and s 15 is kept, but admissibility of such evidence must be subjected to the balancing test. A. Amendments (1) Changes to the Headings s  5 to s 16, under the general heading of Relevancy of facts, could be further sub-divided. First, s  5 to s  11 should be placed under a sub-heading of Governing Facts in issues  [77]  . Second, s  12 to s  16 could be placed under Relevancy of other facts sub-heading. This sub-division of the relevancy provisions would clarify the functions of each section and discourage courts from admitting similar fact evidence which does not have a specific connection with the facts in issue via s 11(b). (2) Incorporating balancing test Most importantly, EA should be amended to include the balancing test with guidance drawn from the UEA, such that the probative value of the similar fact evidence should substantially outweigh the prejudicial effect. However, the definition of substantially outweigh should be left undefined and allowed to develop under the common law. The courts could draw assistance from the Australian case law. (3) Proving Identity A provision could be inserted to the EA allowing similar fact evidence to prove that the accused was responsible for the offence. In addition to the balancing test, the provision should also reflect the proposition that that such similar fact evidence must satisfy the threshold test of being strikingly similar to the offence, almost akin to a signature or special feature of the accused. However, it is submitted that the extension of similar fact evidence to prove actus reus should be limited to the situation w here the identity of the perpetuator is in doubt. B. Clarifications (1) Similar fact evidence produced by the accused mistakenly It is proposed that such evidence should subjected to a higher standard of balancing test where the probative value substantially outweighs prejudicial effect. (2) Only prior convictions are allowed Prior acquittals should not be admissible as similar fact evidence as this would be unduly prejudicial to the accused. Furthermore, this could result in the undesirable situation whereby the accused is subjected to a second round of trials with regards to the prior charges. In relation to the type of prior convictions that should be allowed, the EA should incorporate the definitions found in s 103(2)  [78]  and s  103(4)  [79]  of the CJA. (3) Clarification of s. 15 s  15 should be extended to include single act or conduct of the accused to rebut the defendants defence of accident. However, in light of a potential d anger of placing too much importance on a single episode, a qualification, such as the no rationale reason  [80]  test, should be implemented along with the extension of s  15. 5. Additional Safeguards A system of notice, as seen in UEA, should be included into the EA. This reduces the prejudicial effect as the evidence would not be a surprise. Furthermore, this approach would be in line with the CPC, which has already adopted such a procedural reform. 6. Conclusion Regarded as one of the most difficult area of the law of evidence, similar fact evidence can serve as a double-edged sword. It has the potential to convict the accused although the facts do not relate to the facts in issue and is highly prejudicial to the defendant. In light of the rapid development of the rules governing the admissibility of similar fact evidence under the common law and the recent trend of common law countries codifying the test of admissibility into statutes, the EA should be reformed to reflect these developments, instead of relying on case law which can lead to inconsistency and uncertainty. Further, as information of a persons past is easily obtained with present technological advancements, safeguards against similar fact evidence should be incorporated so as to ensure a fair trial.

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Effective District Level Leader Promotes The Success Of...

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Religion and Race in Langston Hughes Salvation - 897 Words

Religion and Race in Langston Hughes Salvation Langston Hughes is one the most renowned and respected authors of twentieth century America not simply one of the most respected African-American authors, though he is certainly this as well, but one of the most respected authors of the period overall. A large part of the respect and admiration that the man and his work have garnered is due to the richness an complexity of Hughes writing, both his poetry and his prose and even his non-fictions. In almost all of his texts, Hughes manages at once to develop and explore the many intricacies and interactions of the human condition and specifically of the experience growing up and living as a black individual in a white-dominated and explicitly anti-Black society while at the same time, while at the same time rendering his human characters and their emotions in a simple, straightforward, and immensely accessible fashion. Reading the complexity behind the surface simplicity of his works is at once enjoyable and edifying. The short story S alvation, which is part of Hughes larger biography The Big Sea, recounts the authors experience as a twelve year old boy attending a church meeting where he is called to come find Jesus. Hughes was not anti-religious but was certainly not a devout Christian and had several controversial run-ins with religious people in his own community, and thus his description and treatment of religion in this story is of special significance. As aShow MoreRelatedLangston Hughes Research Paper25309 Words   |  102 PagesIn 1919, when Langston Hughes was seventeen years old, he spent the summer with his father, Jim Hughes, in Toluca, Mexico. Langston had not seen his father since he was a small child, and he was excited about making the trip. However, during this visit, no affectionate bond would develop between Langston and Jim. Jim Hughes was a cold, difficult man, who was driven by ambition to make money and achieve respect. He had moved to Mexico to avoid segregation and racial injustice in t he United StatesRead MoreValue Of Tradition And Culture1805 Words   |  8 PagesValue of Tradition and Culture The life cycle of the people represents important values of tradition that exist in their culture. No matter the race or where the person is from, it seems to live within a specific tradition, customs, and morals. Values exist in all cultures, and are passed down from generation to generation. One’s tradition and culture are very beneficial because it offers many positive effects and by helping construct the persons’ sense of self-identity. As well as, holding a community/familyRead MoreGender And Sexuality : Perspectives On Lgbt History Essay2188 Words   |  9 Pagesaudiences to read. These writers did not only focus on gender topics but focused on other issues that surrounded their daily lives, bringing to the attention of their audiences. LGTB authors, such as Tennessee Williams, Patricia Highsmith, and Langston Hughes, write on the same types of topics, but have different ideas and representations on their specific communities in their literary writings as well as shaped American Literature with their plays, novels and poetry. The word â€Å"homosexual† did notRead MoreGender And Sexuality : Perspectives On Lgbt History Essay2179 Words   |  9 Pagesaudiences to read. These writers did not only focus on gender topics but focused on other issues that surrounded their daily lives, bringing to the attention of their audiences. LGTB authors, such as Tennessee Williams, Patricia Highsmith, and Langston Hughes, write on the same types of topics, but have different ideas and representations on their specific communities in their literary writings as well as shaped American Literature with their plays, novels and poetry. The word â€Å"homosexual† did notRead More Flight in Song of Solomon, Native Son, A Worn Path, Sad Sweet Story of Sugar Lips Shinehot, and Por5690 Words   |  23 Pagesbonds of gravity. To the minority, flight represents freedom. Freedom from the chains of slavery, freedom from the trappings of this world, freedoms from that which may cause them or their families harm. America, as a country, is made up of various races and cultures even carries as its symbol of freedom the Bald Eagle. Although there are differences in literary references to flight among African-American, Hispanic, and American-Indian writers, the common thread among them all is the powerful desireRead MoreChildrens Literature13219 Words   |  53 PagesPuritanism and John Locke: Late 1600s During the seventeenth century, two factors redefined childhood: the rise of Puritanism and John Lock’s philosophy of tabula rasa, or the mind as a blank slate. Puritanism placed an emphasis on the individual’s own salvation, which required that even children needed to read and understand the Bible. Children in particular were viewed as young souls to be saved or, more probably, to be damned. The Puritans, therefore, directed a good deal of literature at children in

Healthcare Systems Essay Research Paper IntroductionThe Fargo free essay sample

Healthcare Systems Essay, Research Paper IntroductionThe Fargo, North Dakota health care market is served by many different doctors and infirmaries. This country includes an eastern North Dakota and a part of western Minnesota. St. Luke? s Hospital and the Fargo Clinic are both major participants in this part. St. Luke? s was a community not-for-profit infirmary, and the Fargo Clinic was two separate for-profit corporations. Until late, they have been runing as separate entities. In 1986, they formed a partnership and proceeded to run individually but under the trade name of MeritCare. This was done to place both of the companies for future growing, amalgamation, or enlargement. As of January 1, 1993, the restructured non-profit-making organisation had been working as one. The official amalgamation day of the month was set for July 1, 1993. It is felt that the amalgamation will let both organisations to cut costs and increase stableness by extinguishing duplicate of installations and services, increasing overall efficiency, and supplying better economic systems of graduated table. The ultimate end of the amalgamation will be to supply an incorporate, cost-efficient system of attention that will be appealing to the market they operate within.BackgroundThe Fargo-Moorhead Metro Area that these installations serve had a 1990 population of over 150,000. The entire market country includes another 215,000 individuals. Medicare, Blue Cross/Blue Shield along with other traditional signifiers of wellness insurance, dominates the payor market. HMO? s and PPO? s make up less than five per centum of the market. The entire market country has 14.6 % of the population over 65, which is higher than the national norm. This figure should assist explicate the importance of the Medicare market. The Fargo Clinic, in 1993, had 250 doctors in 30 locations. Five of these are larger clinics, with the remainder being smaller community-based installations. They had over a million patient visits in 1992, with over half coming from Minnesota. Grosss were $ 150 million, which represented over a 50 % growing in the last five old ages. The Fargo Clinic? s doctors represented 70 % of the sum in the market. In the mid-1980? s, they embarked on a rapid enlargement by buying many country primary attention centres. This has provided them with a solid base of much needed primary attention capacity from which to turn on. St. Luke? s Hospital is equipped with 357 staffed beds and 40 nursery bassinets. They are a third attention installation and the largest infirmary in North Dakota. Over 99 % of the admittances, which are served by their 2,400 employees, already come from doctors of the Fargo Clinic. In 1992, they had over 100,000 yearss of inpatient attention. The delivering installation delivered more that 1,500 babes in 1993. Market portion has steadily increased to 60 % of inpatient visits in their service country, with 60 % of them coming from Minnesota. St. Luke? s besides operates the Roger Maris Cancer Center, which provides attention to a larger part than the ague attention infirmary. Entire grosss have increased over 60 % in the last old ages, and they have a fund balance of over $ 69 million.Strengths In 1986, Fargo Clinic and St. Luke? s Hospital merged to make their biggest strength? an integrating of installations and services ( MeritCare ) . This eliminated duplicate, which allowed them to concentrate on other wellness attention schemes every bit good as cut costs. Radiology, Information systems, Plant operations, Human resources, Planning and selling, Housekeeping, Utility direction, Maintenance of equipment, and telecommunications are several countries in which MeritCare can consolidate and cut costs. St. Luke? s strengths besides include that they are the largest infirmary and private employer in North Dakota. As of 1993, outreach activities at St. Luke? s Hospital were established. These webs included such things as oncology ( 20 locations ) , exigency bosom services ( 30 locations ) and maternal kid attention ( 18 locations ) . These outreach activities will assist them to turn and beef up their market place. The Roger Maris Cancer Center is a strength of MeritCare. It provides malignant neoplastic disease intervention to people in three provinces, drawing patients from eastern North Dakota, northern South Dakota and western Minnesota. This has been a really successful venture increasing patient visits per month by 100. The strengths of the Fargo Clinic add important strength to the MeritCare amalgamation. One of the chief strengths of the clinic is that it is one of the largest multispecialty clinics in the state with 30 locations throughout North Dakota and Minnesota. It besides presents an incorporate, cost-efficient system of attention that should be built-in in obtaining profitable managed attention contracts. By holding the infirmary and clinic operating as one entity, the quality of attention should better with a slower rise in costs. This addition in quality of attention will better communit Y wellness attention and increase their patient load.Weaknesses A failing of MeritCare is shown through the non-integration of information systems. This undertaking has non been accomplished due to many precedences that are present. Once MeritCare is to the full integrated, information systems will be a major strength. Other failings include Fargo? s primary attention physician grosss are non sufficiently covering their operating expense and compensation disbursals. The clinic besides is short doctors in OB/GYN and some other forte services. The deficiency of doctors could do MeritCare to lose important sums of patients. A concluding failing of the clinic trades with its physician compensation. Its compensation is narrow when compared to other clinics. Due to regulative restraints compensation is a really complex and hard issue that needs legal audience involved throughout the procedure. Merely 20 per centum of the specializers in the clinic are paid in the upper scope of compensation benefits.Opportunities Opportunities that were triggered during the amalgamation are: ( 1 ) Health attention reform, ( 2 ) Changes in the market place, ( 3 ) Reimbursement for both doctors and infirmary, and ( 4 ) Structuring and pull offing joint ventures more efficaciously. These chances will take MeritCare to a perpendicular integrating, which will let them to take a higher quality of attention and slower rise in costs for the community. Vertical integrating will raise the populace? s involvement and increase MeritCare? s overall patient gross. Other chances of this amalgamation is an addition in efficiency of operation, streamlining of disposal, and the advantages of economic systems of graduated table. The consolidation of sections will assist MeritCare to be more efficient in their operations. The consolidation will let them to cut costs every bit good as streamline disposal. The amalgamation created economic systems of graduated table that allows them to order big sums of supplies at a discounted ra te. With the amalgamation, there will be increased capital for both organisations. They can utilize the capital for such things as a new integrated information and bringing system. This will let Fargo and St. Luke? s to hold better entree to information and be able to portion information between one another in a simple, fast mode. Physicians every bit good as patients can profit from such a system. Finally, MeritCare may desire to look into reentering managed attention. MeritCare may desire to see seeking to set up an HMO. With the amalgamation, there will now be more entree to the necessary capital, which will let them to supply preparation for doctors to work within an HMO environment and better the current informations systems.Threats There are several menaces that MeritCare may perchance confront. First, with the amalgamation between Fargo and St. Luke? s to organize MeritCare, there may be a cultural every bit good as managerial struggle. St. Luke? s had been a non for net income, community infirmary for many old ages while the Fargo Clinic had been made up of two for net income organisations. Differences in direction manners between the organisations could so be a grave job for MeritCare in the hereafter. The Fargo Moorhead runing country has traditionally been a traditional wellness insurance coverage country. The menace in this is that the development of Health Maintenance Organizations in the nearby Minneapolis-St. Paul country could alter the full payment procedure for MeritCare. The organisation may non be able to manage this displacement. In add-on, MeritCare is besides confronting problems with the current wage system. There is worsening reimbursement for both doctors and the infirmary due to DRGs. Another menace for the organisation is that they may hold a difficult clip keeping on to specializers. The ground for this is that specialist compensation is expected to diminish while primary attention doctors? compensation is expected to increase. This may do some specializer to go forth the country in hunt of greater compensation. Another menace that MeritCare may confront because of the amalgamation is the new authorities ordinances in structuring and pull offing joint ventures. The federal authorities has been doing it more hard for these types of amalgamations. Finally, other menaces for the organisation are that they could stop up losing patients due to the amalgamation. Even though competition has non been a major job in the yesteryear, if country occupants become unhappy with the amalgamation, so this may be a cause of concern in the future.Recommendation We recommend that when sing wellness attention reform and alterations in the market place, that MeritCare take a proactive attack. Easy entree to patients, quality of attention, client satisfaction, low-cost costs, and preventive steps need to be implemented in order for them to place themselves in front of the competition and increase their patient base.

Contemporary Management free essay sample

The Classical Management approach attempted to apply logic and scientific methods to management of complex organisations, such as factories. It assumed that there was one best way to manage an enterprise. Classical Management comprises three different approaches: Scientific Management, which represents Frederick W Taylors work, developed scientific principles of management, focusing on the individual, rather than the team and aimed to improve efficiency through production-line time studies, breaking each job down into its components and designing the quickest and best methods of performing each component. He also encouraged employers to reward productivity. Employees did the physical labour, managers did the planning and organising. According to Taylor, employees were motivated by money. From Taylors research emerged time studies, work studies and industrial engineering, making an important contribution to the central procedures of many organisations. Â · Bureaucratic Management emerged from the work of Max Weber, who developed an ideal model organisation, hierarchical in structure, governed by a set of impersonal, formal rules and policies. We will write a custom essay sample on Contemporary Management or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Weber believed this was the most efficient way to organise and govern an enterprise. Â · Henri Fayols Administrative Management assumed that 14 general principles of management could be applied to any situation or circumstance: 1. division of work 2. authority 3. discipline 4. unity of command 5. unity of direction 6. subordination of individual interest to the common good 7. remuneration 8. centralisation 9. hierarchy 10. order 11. equity 12. stability of staff 13. initiative 14. espirit de corps Fayol divided managerial activities into five functions: planning, organising, commanding, coordinating and controlling. This idea set the basis for many modern management techniques stressing rational central planning. The Human Relations approach, focusing on work relationships as the key to improving workplace productivity, was inspired by the Hawthorne studies performed by Elton Mayo and Fritz Roethlisberger. They studied the effects of physical working conditions on employee productivity and fatigue. These studies suggested that leaders are able to positively influence employee motivation and productivity by showing concern for employee relationships. Mayo discovered that a work group would establish its own informal group performance norm, which represented what it considered to be a fair level of performance. The work group would convince ratebusters to slow down and slackers to work faster. Mayos conclusion that work is a group activity had a profound influence on modern individual management. Two key aspects of the human relations approach are employee motivation and leadership style. Pay can motivate only lower level needs and once those are satisfied, non-monetary factors such as praise, recognition, and job characteristics motivate human behaviour. Fayols Management approach emphasised maximum efficiency and productivity through standard operating procedures; viewed money as the one true motivator for workers; stressed the need for managerial control; and viewed organisations as machines. Taylors Scientific approach over-simplified the issues, emphasised the individual rather than the team and was hostile to trade unions and labour organisations. Whereas Fayol and Taylor both emphasised the production process and adjusted humans to this process, Mayos Human Relations approach emphasised the coordination of human and social elements in an organisation through consultation, participation, communication and leadership. However, the equation merely replaced rational economic man with emotional social man and this approach merely shifted the blame for poor performance from structural to personal attitudes and emotions. Both approaches held that there was one best way to manage all organisations. Assess the relevance of Classical Management theorists to the management of contemporary organisations. The modern assembly line pours out finished products faster than Taylor could ever have imagined. This production efficiency is just one legacy of Scientific Management. Its efficiency techniques have been applied to many tasks in non-industrial organisations, ranging from fast-food service to the training of surgeons. However, Taylors emphasis on productivity and speed placed undue pressures on employees to perform at faster and faster levels. This led to exploitation and resulted in more workers joining unions. Modern management is still viewed as a process that enables organisations to achieve their objectives by planning, organising and controlling their resources, as advocated by Fayol, but views gaining the commitment of their mployees through motivation as a key element. Hierarchical organisation (introduced by Fayol) has become the dominant, traditional mode of structure in large corporations and civil/public service departments. In some cases this mechanistic model works best, however, the emphasis is on efficiency and control, whereas a greater balance between people and performance is generally considered the more desirable approach nowada ys. Although the Classical Management (vertical/hierarchical) approach dominated organisational structure for decades, the Human Relations Movement (horizontal/inter-departmental), encouraging adaptation to external changes, seems the more relevant approach for modern management. Contemporary management builds on the Classical and Behavioural approaches and goes beyond them. The Systems approach of different strokes for different folks finally put the one best way theory to bed and has dominated modern organisational analysis since the 1980s. The Contingency approach views the organisation as an organism, segmenting as it grows, each segment specialising in knowledge and activity, all of which must cope with their external environment and integrate harmoniously. The main difference between Classical and Contemporary approaches is the modern belief that it is futile to search for one best way to manage an organisation. Instead, managers must take into account the internal and external environment to match the appropriate management practices to the surrounding circumstances for an effective outcome.