Advertising and Sales Promotions Management - 2750 Words

Advertising and Sales Promotions Management (Term Paper Sample) Content: Executive SummaryThe report details a proposed marketing campaign for CCT hair products based on integrated marketing communication. The overall objective of the campaign is to influence the purchase behavior of the target audience positively and establishing long-lasting relationships between CCT and its consumers. The strategic decisions in question include targeting, creating the message, selecting media, and establishing momentum. The target audience includes informed beauty professionals who value product quality, safety, and reliability alongside the use of natural ingredients. As a result, the proposed message highlights the appealing quality, safety, reliability, and natural ingredients used in CCT products. The media mix to communicate this message entails traditional media that are brand-oriented and emerging media that are behavior-oriented. The brand building media will involve broadcasting and print while the behavior-oriented media will involve the inter net platform. Further, sales promotion will be used to augment the behavior orientation of the online platform. All elements of the promotional mix will contain a consistent message that is customer focussed and aligned to the objectives of the integrated marketing communication campaign. Contents TOC \o "1-3" \h \z \u  HYPERLINK \l "_Toc357091268"
Introduction  PAGEREF _Toc357091268 \h
3 HYPERLINK \l "_Toc357091269"
Objectives and Strategic Decisions  PAGEREF _Toc357091269 \h
3 HYPERLINK \l "_Toc357091270"
Target Audience  PAGEREF _Toc357091270 \h
4 HYPERLINK \l "_Toc357091271"
Promotional Mix  PAGEREF _Toc357091271 \h
4 HYPERLINK \l "_Toc357091272"
Message  PAGEREF _Toc357091272 \h
4 HYPERLINK \l "_Toc357091273"
Message Appeal  PAGEREF _Toc357091273 \h
4 HYPERLINK \l "_Toc357091274"
Media Mix  PAGEREF _Toc357091274 \h
5 HYPERLINK \l "_Toc357091275"
Coverage  PAGEREF _Toc357091275 \h
5 HYPERLINK \l "_Toc357091276"
Broadcast Media  PAGEREF _Toc357091276 \h
6 HYPERLINK \l "_Toc357091277"
Print Media  PAGEREF _Toc357091277 \h
6 HYPERLINK \l "_Toc357091278"
Support Media: Internet-based  PAGEREF _Toc357091278 \h
6 HYPERLINK \l "_Toc357091279"
Sales Promotion  PAGEREF _Toc357091279 \h
7 HYPERLINK \l "_Toc357091280"
Techniques to be Used  PAGEREF _Toc357091280 \h
7 HYPERLINK \l "_Toc357091281"
Conclusion  PAGEREF _Toc357091281 \h
7 HYPERLINK \l "_Toc357091282"
References  PAGEREF _Toc357091282 \h
8 IntroductionMarketing in the 21st century not only entails traditional strategies and media, but must also take account of emerging media and changes in paradigm from a product focus to a consumer focus. Firms require well laid out plans combining the strengths of available advertising and promotional avenues and offsetting weaknesses to target a given market, leading to the rise of integrated marketing communication. Kitchen and Burgmann (2010, p. 2 ) defines integrated marketing communication as an approach that values comprehensive planning, focussing on the strategic role of various communication disciplines to provide message clarity, consistency, and maximum impact of communication. In integrated marketing communication, the process is audience-focussed, channel-centered, and results-driven. This approach to marketing communication will be useful in enabling CCT establish presence with its beauty products in the market. The current discussion explores various aspects of integrated marketing communication for CCTs hair products. The study presents the objectives of CCTs marketing campaign and identifies the target audience. A discussion of the promotional mix to support the proposed advertising strategy the follows, analyzing the message, message appeal, media mix, coverage, broadcast media, print media, support media, sales promotion, and techniques to be used.Objectives and Strategic DecisionsThe proposed marketing campai gn will have an overall aim of positively influencing the behavior of the target audience, driving the audience to purchase CCTs hair products, and establishing longevity in the relationship between CCT and its consumers. In this case, the target audience entails professionals in the beauty market and third party professionals. This aligns with the focus of integrated marketing communication on target audiences to action, rather than merely building brand awareness and enhancing consumer attitudes as happens in traditional marketing communication (Keller 2010, pp. 819-820). The objectives supporting the achievement of the overall aim are as follows.To design a message that will appeal to and drive the target audience toward a purchase decision.To establish an appropriate and effective promotional mix consisting of broadcast, print, and support media alongside sales promotion.To propose the techniques for executing the proposed marketing strategy.To ensure that the marketing campaign achieves a long-term relationship between the firm and the target consumers.The proposed marketing campaign will entail a number of strategic decisions on the part of the manager in charge of the campaign. In this case, the main strategic decisions concern aspects such as product positioning, targeting, creating the message, selecting media, and establishing momentum (Christensen, Firat, Torp 2008, pp. 423-425). According to Kalafatis, Tsogas, Blankson (2000, p. 416), positioning represents the key feature or image that the product has in the target audiences collective mind. Closely related and interdependent, targeting allows the campaign to deliver the message precisely, preventing wastage of coverage to non-targeted audiences. In this case, the positioning of the CCT hair products will focus on their high quality and safety for beauty professionals. The campaign will be targeted at professional beauticians in urban and suburban settings that are inclined to the digital world a nd still use traditional media. The steps of establishing the target audience and marketing message, selecting media, and establishing momentum constitute the next sections of the discussion.Target AudienceThe market for hair products entails purchasers for use at home and professional beauticians whose business relies on cosmetic products. Given that beauty professionals play a crucial role in influencing the purchase behavior of their clients (at-home users), CCTs target audience primarily consists of such beauty professionals. Integrated marketing communication entails a shift from product focus to consumer focus, where marketing concentrates on an outside-in approach in all aspects of communication (Kitchen Burgmann 2010, p. 4). As a result, an analysis of the target audience goes beyond basic demographic and geographic considerations, but also analyzes behavioral and psychographic considerations (Christensen, Torp, Firat 2005, pp. 157-158). In this case, the target audience o f beauty professionals consists of postmodern consumers who practice informed consumerism. They are well aware of what they need in products, which entails high quality and safety standards alongside product reliability for beauty professionals (Kumar, Massie, Dumonceaux, 2006, p. 285). Such beauty professionals are in the driving seat of the natural ingredients revolution in products in the hair, face, and body product categories (Dimitrova, Kaneva, Gallucci 2009, pp. 1155-1158). Further, postmodern consumers not only seek knowledge on the product, but also expect the producer to portray the same standards in quality, safety, and reliability.Promotional MixMessageAccording to Kitchen, Schultz, Kim, Han, and Li (2004), the message of an integrated marketing campaign should be dictated by the brands positioning strategy and aligned with the communication objectives for the designated target audience. In this case, the message should arise from the previous stages of establishing th e marketing campaign, namely objectives, positioning, and targeting. Failure to align with the three strategic decisions results in a message that does not communicate the purpose of the campaign, leaves the brands position ambiguous, and does not target the desirable audience precisely. Further, the aspect of integration means that the message has to be unified in all avenues selected in the media mix. This means that the message has to be the same throughout the promotional mix.The message for the proposed marketing campaign will be that CCTs hair products contain natural ingredients and provide the safety, quality, and reliability that every professional beautician needs. This message aligns with the overall objective of positively influencing consumer behavior, as discussed in the next section of message appeal. Further, the aspects of safety, quality, reliability, and natural ingredients fulfill the positioning and targeting requirements discussed earlier. The image of safety, quality, reliability, and type of ingredients encapsulate the meaning and distinctiveness from competitive brands, which defines CCTs position. The narrow focus on beauticians helps in targeting the message.Message AppealProctor and Kitchen (2002, p. 151-152) describe the concept of a postmodern consumer, which has led to the paradigm change from traditional marketing that is product-focussed and through mass media to integrated marketing that is consumer-focussed and involves emerging media. The postmodern market target exhibits behavior that is informed consumerism, requiring information on what the firm behind the product stands for, what values the product personifies, and what the product does (Christensen, Torp Firat 2005, p. 157). The message in a marketing campaign should align with these... Advertising and Sales Promotions Management - 2750 Words Advertising and Sales Promotions Management (Term Paper Sample) Content: Executive SummaryThe report details a proposed marketing campaign for CCT hair products based on integrated marketing communication. The overall objective of the campaign is to influence the purchase behavior of the target audience positively and establishing long-lasting relationships between CCT and its consumers. The strategic decisions in question include targeting, creating the message, selecting media, and establishing momentum. The target audience includes informed beauty professionals who value product quality, safety, and reliability alongside the use of natural ingredients. As a result, the proposed message highlights the appealing quality, safety, reliability, and natural ingredients used in CCT products. The media mix to communicate this message entails traditional media that are brand-oriented and emerging media that are behavior-oriented. The brand building media will involve broadcasting and print while the behavior-oriented media will involve the inter net platform. Further, sales promotion will be used to augment the behavior orientation of the online platform. All elements of the promotional mix will contain a consistent message that is customer focussed and aligned to the objectives of the integrated marketing communication campaign. Contents TOC \o "1-3" \h \z \u  HYPERLINK \l "_Toc357091268"
Introduction  PAGEREF _Toc357091268 \h
3 HYPERLINK \l "_Toc357091269"
Objectives and Strategic Decisions  PAGEREF _Toc357091269 \h
3 HYPERLINK \l "_Toc357091270"
Target Audience  PAGEREF _Toc357091270 \h
4 HYPERLINK \l "_Toc357091271"
Promotional Mix  PAGEREF _Toc357091271 \h
4 HYPERLINK \l "_Toc357091272"
Message  PAGEREF _Toc357091272 \h
4 HYPERLINK \l "_Toc357091273"
Message Appeal  PAGEREF _Toc357091273 \h
4 HYPERLINK \l "_Toc357091274"
Media Mix  PAGEREF _Toc357091274 \h
5 HYPERLINK \l "_Toc357091275"
Coverage  PAGEREF _Toc357091275 \h
5 HYPERLINK \l "_Toc357091276"
Broadcast Media  PAGEREF _Toc357091276 \h
6 HYPERLINK \l "_Toc357091277"
Print Media  PAGEREF _Toc357091277 \h
6 HYPERLINK \l "_Toc357091278"
Support Media: Internet-based  PAGEREF _Toc357091278 \h
6 HYPERLINK \l "_Toc357091279"
Sales Promotion  PAGEREF _Toc357091279 \h
7 HYPERLINK \l "_Toc357091280"
Techniques to be Used  PAGEREF _Toc357091280 \h
7 HYPERLINK \l "_Toc357091281"
Conclusion  PAGEREF _Toc357091281 \h
7 HYPERLINK \l "_Toc357091282"
References  PAGEREF _Toc357091282 \h
8 IntroductionMarketing in the 21st century not only entails traditional strategies and media, but must also take account of emerging media and changes in paradigm from a product focus to a consumer focus. Firms require well laid out plans combining the strengths of available advertising and promotional avenues and offsetting weaknesses to target a given market, leading to the rise of integrated marketing communication. Kitchen and Burgmann (2010, p. 2 ) defines integrated marketing communication as an approach that values comprehensive planning, focussing on the strategic role of various communication disciplines to provide message clarity, consistency, and maximum impact of communication. In integrated marketing communication, the process is audience-focussed, channel-centered, and results-driven. This approach to marketing communication will be useful in enabling CCT establish presence with its beauty products in the market. The current discussion explores various aspects of integrated marketing communication for CCTs hair products. The study presents the objectives of CCTs marketing campaign and identifies the target audience. A discussion of the promotional mix to support the proposed advertising strategy the follows, analyzing the message, message appeal, media mix, coverage, broadcast media, print media, support media, sales promotion, and techniques to be used.Objectives and Strategic DecisionsThe proposed marketing campai gn will have an overall aim of positively influencing the behavior of the target audience, driving the audience to purchase CCTs hair products, and establishing longevity in the relationship between CCT and its consumers. In this case, the target audience entails professionals in the beauty market and third party professionals. This aligns with the focus of integrated marketing communication on target audiences to action, rather than merely building brand awareness and enhancing consumer attitudes as happens in traditional marketing communication (Keller 2010, pp. 819-820). The objectives supporting the achievement of the overall aim are as follows.To design a message that will appeal to and drive the target audience toward a purchase decision.To establish an appropriate and effective promotional mix consisting of broadcast, print, and support media alongside sales promotion.To propose the techniques for executing the proposed marketing strategy.To ensure that the marketing campaign achieves a long-term relationship between the firm and the target consumers.The proposed marketing campaign will entail a number of strategic decisions on the part of the manager in charge of the campaign. In this case, the main strategic decisions concern aspects such as product positioning, targeting, creating the message, selecting media, and establishing momentum (Christensen, Firat, Torp 2008, pp. 423-425). According to Kalafatis, Tsogas, Blankson (2000, p. 416), positioning represents the key feature or image that the product has in the target audiences collective mind. Closely related and interdependent, targeting allows the campaign to deliver the message precisely, preventing wastage of coverage to non-targeted audiences. In this case, the positioning of the CCT hair products will focus on their high quality and safety for beauty professionals. The campaign will be targeted at professional beauticians in urban and suburban settings that are inclined to the digital world a nd still use traditional media. The steps of establishing the target audience and marketing message, selecting media, and establishing momentum constitute the next sections of the discussion.Target AudienceThe market for hair products entails purchasers for use at home and professional beauticians whose business relies on cosmetic products. Given that beauty professionals play a crucial role in influencing the purchase behavior of their clients (at-home users), CCTs target audience primarily consists of such beauty professionals. Integrated marketing communication entails a shift from product focus to consumer focus, where marketing concentrates on an outside-in approach in all aspects of communication (Kitchen Burgmann 2010, p. 4). As a result, an analysis of the target audience goes beyond basic demographic and geographic considerations, but also analyzes behavioral and psychographic considerations (Christensen, Torp, Firat 2005, pp. 157-158). In this case, the target audience o f beauty professionals consists of postmodern consumers who practice informed consumerism. They are well aware of what they need in products, which entails high quality and safety standards alongside product reliability for beauty professionals (Kumar, Massie, Dumonceaux, 2006, p. 285). Such beauty professionals are in the driving seat of the natural ingredients revolution in products in the hair, face, and body product categories (Dimitrova, Kaneva, Gallucci 2009, pp. 1155-1158). Further, postmodern consumers not only seek knowledge on the product, but also expect the producer to portray the same standards in quality, safety, and reliability.Promotional MixMessageAccording to Kitchen, Schultz, Kim, Han, and Li (2004), the message of an integrated marketing campaign should be dictated by the brands positioning strategy and aligned with the communication objectives for the designated target audience. In this case, the message should arise from the previous stages of establishing th e marketing campaign, namely objectives, positioning, and targeting. Failure to align with the three strategic decisions results in a message that does not communicate the purpose of the campaign, leaves the brands position ambiguous, and does not target the desirable audience precisely. Further, the aspect of integration means that the message has to be unified in all avenues selected in the media mix. This means that the message has to be the same throughout the promotional mix.The message for the proposed marketing campaign will be that CCTs hair products contain natural ingredients and provide the safety, quality, and reliability that every professional beautician needs. This message aligns with the overall objective of positively influencing consumer behavior, as discussed in the next section of message appeal. Further, the aspects of safety, quality, reliability, and natural ingredients fulfill the positioning and targeting requirements discussed earlier. The image of safety, quality, reliability, and type of ingredients encapsulate the meaning and distinctiveness from competitive brands, which defines CCTs position. The narrow focus on beauticians helps in targeting the message.Message AppealProctor and Kitchen (2002, p. 151-152) describe the concept of a postmodern consumer, which has led to the paradigm change from traditional marketing that is product-focussed and through mass media to integrated marketing that is consumer-focussed and involves emerging media. The postmodern market target exhibits behavior that is informed consumerism, requiring information on what the firm behind the product stands for, what values the product personifies, and what the product does (Christensen, Torp Firat 2005, p. 157). The message in a marketing campaign should align with these...

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.

Americas Next Top Model Eating Disorder - 2069 Words

Long slender legs, slim figure and size zero hips , that stunning runway model on America’s Next Top Model is the motivation for staying in shape. Appallingly, this motivation is the primary cause of life threatening eating disorders in our young women today. According to a research, 95 % of those suffering from eating disorders are between the ages of 12 and 25, the primary audience of Fashion modeling television shows. 70% of girls from grades 5 to 12 say magazine images of fashion models influence their ideals of perfect body. Fashion Modeling Industry has been the most influential source in our young women’s lives. Young girls and young women are seen eating as little as they can, even starving themselves at times to stay fit. Susan†¦show more content†¦The two leading eating disorders are Anorexia and Bulimia. Pro-Ana, Pro-Mia, and Pro-ED are websites that invigorate our young girls to stay as thin as possible. One popular example would be â€Å"Thinsp iration†, girls put up pictures of their thin bodies to inspire others to stay thin like them. These websites are a direct influence of the exposure to unhealthy, skinny models the fashion modeling industry is showing them. The modeling industry is supporting the idea of Pro-Ana and Pro-Mia by hiring underaged models who are unhealthily skinny. Two of Marc Jacob’s models who walked in his show were under the age of sixteen. The Council of Fashion Designers of America (CFDA) released its new guidelines for models to prevent the development of eating disorders and shows concerns about young teenagers under the age of sixteen who walk down th runway. One of the horrifying results of the misleading fashion modeling industry would be the touching stories of the young models themselves who had become anorexic to perpetuate a body that is attractive to the modeling world. Bethany Wallace, a teenage cover girl model who appeared to have the world at her feet, died recently of a norexia and bulimia which she developed at the age of 16. Even the models that are already appreciated in the fashion modeling worldShow MoreRelatedAmerica’s Next Top Model1026 Words   |  5 Pagesis what most of the girls love! America’s Next Top Model is one of the reality shows that is shown every Wednesday at 8:00 pm PST. It seeks to find the next golden girl of the modeling industry. Contestants from different states go for auditions, and the judges pick 13 finalists who fit with the requirements which include an age that is between 18 to 27 years, height of at least 5 feet and 7 inches, a US citizen, and must not have previous experience as a model in a national campaign within theRead MoreGlobalization of Eating Disorders1382 Words   |  6 PagesThe Globalization of Eating Disorders Eating disorders are a huge problem across the nation. 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Whether they meanRead MoreEssay on Eating Disorders1038 Words   |  5 Pagesplastered ubiquitously? one may ask. Banning this perception of women, unhealthily thin, will save the women of this great nation from eating disorders. Our women will be more confident in their own skin and not feel as pressured to live up to this image. We, as people of this land, see this problem but choose not to do anything. The medical care for people with eating disorders is inadequit, and too expensive, as it is. With girls and women trying so hard today, to l ook like what the media portrays, itRead MoreResponsibility of the Fashion Model Industry1505 Words   |  7 Pages A tall, glamorous runway model is every girl’s dream. Long beautiful legs, lean body, and beautiful shiny hair is what an average young woman views as an ideal image for a female. If you don’t resemble the images of those stunning Victoria Secret models and Fashion Week models, you suddenly become ashamed of your own body. 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The Social Learning Theory is important in understanding how womenRead MoreTelevision And Its Lasting Effects3402 Words   |  14 PagesI will prove how various television programs can be crippling to human health in both physically and mentally by looking at specific television programs such as, The Dr. Oz Show, Jersey Shore, The Annual Victoria Secret Fashion Show, and America’s Next Top Model. The Dr. Oz Show, is a day-time television show that features Mehmet Oz, a cardiothoracic surgeon and professor at Columbia University. The Dr. Oz show premiered in September 2009 and has been on the air for five seasons. The shows mainRead MoreThe Impact Of Media On Self Esteem1732 Words   |  7 Pagesis what their bodies should look like. Older children see celebrities constantly flaunting their sculpted figures, which they magically attained effortlessly. The media broadcasts the thin ideal in almost every way possible. As a result, eating disorders have become more prominent throughout communities because of the unrealistic expectations we hold for our appearances. Body dissatisfaction, or one not feeling content with one’s physical appearance, has been a strong contributing factor toRead MoreEating Disorder Case Study Essay887 Words   |  4 PagesEating Disorder Case Study Mother is concerned that daughter is not eating enough, restricting food intake for 8 months because she feels fat, feels she needs to lose ten pounds, feels that her thighs and stomach are to large, reporting 35 lb weight loss over last 8 months, denies any eating problems, began menarche at age 16 periods normally regular, stop three months ago, exercises daily 20 min. to 2 hours, experiences low energy, chronic constipation and lightheadednessRead MoreThe Positive and Negative Effects of Reality TV1031 Words   |  4 Pagescameras. To many people this was the start of reality television that soon after lead to the show The Real World on MTV. The show would take seven unlike people from all over and put them into an apartment with hidden cameras, filming what would happen next. Quickly after, shows like Survivor and American Idol became popular, and reality television made portions of money for the networks as well as the reality stars themselves (Kopp). This was the time when more people started becoming familiar with

School Uniforms Have the Potential to Resolve Student Stress

Throughout California, high school students are faced with the daily challenge of figuring out what they will wear to school the following day. As simple as this may sound, it does produce a lot of anxiety and stress among teenagers. Some students stress over the fact that they have a limited wardrobe, while others worry about being judged by their peers for their fashion choices. The problem of students having too much stress has the potential of becoming a serious health problem among high school students. It is understood that students should have some level of stress as it is a natural part of life. However, too much stress is bad for one’s health and can impact a student’s ability to focus on learning. School districts have studied the stress levels of students and have attempted to make changes to reduce student stress levels. One solution to address this problem has been to require students to wear uniforms. School uniforms eliminate students stress because every one wears the same outfit and there is no differentiation among students. Uniforms allow students to focus on their school work. In 2011, a survey showed that 44% of guardians saw that their child was more focused on school after the implementation of school uniforms (Lalwani, â€Å"Facts About School Uniforms†). I. Uniforms Make Schools a Safer Learning Environment Uniforms make school a safer learning environment because they help reduce bullying. Uniforms reduce the amount of bullying because uniforms createShow MoreRelatedThe School Addresses At Risk Students1651 Words   |  7 Pageswas ranked an â€Å"A† school according to the FLDOE by 2015-16, the school had dropped to a â€Å"B† ranked school. The school has a significant amount of at-risk students whose basic needs, in particularly, food, are not being met. Food-insecurities breeds other negative issues for students such as: anxiety, stress, low self-esteem. 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Effective District Level Leader Promotes The Success Of...

ELCC Standard 1.0 The effective district-level leader promotes the success of learning for all students through a shared collaboration, articulation, and implementation with stakeholders on the vision and mission of the school district. The use of data is collected and assessed as a continual toward school improvement. ELCC 1.1. Standard Element ELCC 1.1 addresses specific professional leadership skills and knowledge for an effective leader to be able to communicate the vision and mission of the school district to internal and external stakeholders: stewardship, implementing and developing methods that ensure collaboration among the stakeholders. ELCC 1.1 is a culmination of assigned readings, coursework, and†¦show more content†¦ELCC 1.2. Standard Element ELCC 1.2 addresses collecting and analyzing data to improve and achieve academic goals outlined by the district. ELCC 1.2 is a culmination of assigned readings and internship activities. The internship activities were Organizational Effectiveness, Field Project-Issue Impacting Learning, Effective Schools Project, School Board Activity, Field Experience Project, and Diversity Plan Outline. These activities refined my critical and analytical thinking skills, which enabled me to understand in-depth the analysis of major issues in schools: 1) data design; 2) collection of data; 3) understanding assessment of data; 4) organizational effectiveness and how it effects student achievement. The Organizational Effectiveness internship activity took place in Abu Dhabi, UAE, with a local school in the Abu Dhabi Educational Council school district. To understand the organizational effectiveness of the Abu Dhabi Educational Council school district, attendance data was collected, attendance policy reviewed, and staff surveyed influenced by the district’s policy. The policy analysis was developed from the data collected and analyzed, comparing Abu Dhabi Education Council’s district policies fo r teachers with other districts of the United States of America of various sizes in student population and staff. In comparing

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. 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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. 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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.