.

Wednesday, July 31, 2019

A Day That I Can Never Forget

Saturday, April 3, 1990, became a day that I could never forget. After a long night’s sleep, I started the day with a smile on my face. On that day, I planned to be going on a simple bike ride with a friend. First, after I awoke, I was to call my friend and plan the ride. My friend and I had planned the bike ride to a place in town that we had never seen. Quicker than ever he arrived at my house. Upon arrival, we took two Gatorades and headed off on our way.While riding we saw a bike ramp that we had never before seen. The ramp screamed out with color, and that feature made it unusual. The ramp had pictures of animals drawn on it. We then both challenged eachother to go off the ramp. Agreeing to go off the ramp at the same time, we headed for the ramp at full speed. As we gained speed, we noticed a large swirling mass of light on the ramp. Trying to stop, we were thrown from our bikes into the mass of light.Next, we awoke from our fall to notice that we warped into a weird dim ension that was dominated by animals and humans were the animals’ slaves and pets. We realized that if we did not turn around and leave, we would be trapped. As we turned my friend noticed the porthole of light closing. Finally, we returned through the porthole just in time before it had closed. Just as we entered the real world I heard a loud buzzing sound. Lastly, I realized it was all just a dream, but it all felt too real to forget.

Tuesday, July 30, 2019

An Investigation Into the Factors Influencing the Implementation

Chapter One Introduction 1. Introduction This chapter will cover the background of the research problem, purpose of study, hypotheses, importance of the study, and the scope of the study. The chapter introduces the major concepts of the study of strategic alliances and agent banking models. 1. 1. Background 1. 1. 1 Strategic Management Process Although most can agree that a firm’s ability to survive and prosper depends on choosing and implementing a good strategy, there is less agreement about what constitutes a good strategy (Barney, 2008).However, there seems to be an agreement as to what a strategy really means: a firm’s theory about how to gain competitive advantage. The strategic management process is a sequential set of analyses and choices that can increase the likelihood that a firm will choose a strategy that generates competitive advantage (Hesterly, 2008). The first step is mission (long term purpose) definition, followed by setting of objectives, that is, sp ecific measurable targets that a firm uses to evaluate the extent to which it is realizing its mission.The next phase are the internal and external analyses, where a critical evaluation of the strengths, weaknesses, opportunities and threats is done in regard to both the internal and external environments. Once a firm establishes a sound balance between internal capabilities and weaknesses with external opportunities and threats, the management is in an informed position to select strategies that presents the best way possible to achieve the firm’s objectives. Barney (2008) categorizes strategy choices into business level strategies and corporate level strategies.Business-level strategies are actions a firm takes to gain competitive advantage in a single market and includes cost leadership, differentiation and focus. Corporate level strategies are actions a firm takes to gain competitive advantage in multiple markets and includes vertical integration strategies, strategic all iances, mergers and acquisitions. This study draws its subject on strategic alliances as a corporate-level strategy a firm may choose to achieve its broad objectives. 1. 1. 2 Strategic AlliancesA strategic alliance exists whenever two or more independent organizations cooperate in the development, manufacture, or sale of products or services. These alliances can be groped into three broad categories: nonequity alliances, equity alliances, and joint ventures (Barney, 2008). In a nonequity alliance, the cooperative relations are managed through the use of various contracts: licensing agreements, supply agreements, and distribution agreements. For instance, in the banking industry, agent banking falls under distribution agreements since agents are contracted by banks to offer banking services on behalf of the banks (C.G. A. P, 2009). 1. 1. 3 Agent Banking In a growing number of countries, banks and other commercial financial service providers are finding new ways to make money and deli ver financial services to unbanked people (Lyman, 2009). Rather than using bank branches and their own field officers, they offer banking and payment services through third parties. For poor people, â€Å"branchless banking† through retail agents may be far more convenient and efficient than going to a bank branch (C. G. A. P, 2009).For many poor customers, it will be the first time they have access to any formal financial services—and formal services are usually significantly safer and cheaper than informal alternatives. Two models of branchless banking through retail agents are emerging: one led by banks, the other by non-bank commercial actors (Lyman, 2009). Both use information and communication technologies, such as cell phones, debit and prepaid cards, and card readers to transmit transaction details from the retail agent or customer to the bank (C. G. A. P, 2009).Branchless banking through retail agents appeals to policymakers and regulators because it has the p otential to extend financial services to unbanked and marginalized communities. But it also challenges them to ask: What are the risks of these new approaches, and are they different from those of conventional branch-based banking? How should banks respond to these risks, so as to permit branchless banking with retail agents to operate safely and expand access to finance (C. G. A. P, 2009). Agency banking can be understood by examining the experience of five ioneering countries— Brazil, India, South Africa, the Philippines, and Kenya—where agent-assisted branchless banking that targets poor customers is already a reality (Kumar, 2009). Some models of branchless banking—for example, Internet banking and automatic teller machines (ATMs)—can be seen as modest extensions of conventional branch-based banking. Other models offer a distinct alternative to conventional branch-based banking in that customers conduct financial transactions at a whole range of retai l agents instead of at bank branches or through bank employees (Staschen, 2009).Agent-assisted branchless banking is relatively new. Among the countries studied, the phenomenon ranges in age from only a few months (in the case of Kenya), to a few years (in the case of Brazil and some services in India). Outside of Brazil and the Philippines, branchless banking through retail agents reaches relatively few customers with a limited range of financial services (C. G. A. P, 2009). As compared with conventional branch-based banking, both models of agent-assisted branchless banking touch on issues that lie at the heart of traditional bank regulation and supervision.One set of issues, common to both models, arises from the outsourcing of substantially all direct customer contact to a potentially infinite array of different types of retail agents (Lyman, 2009). According to F. S. D/Kenya, key issues to be considered are: authorization of agent network managers, establishment of a register of agents, review of agent licensing requirements, competition & agent exclusivity, and need for consumer protection arrangements covering agents.Coupled with the risks associated with new operational platforms, these issues are likely to be of major concern to commercial banks and may indeed hamper the implementation of agent banking. 1. 2 Problem Statement In the year 2009, C. B. K became one of the founding members of the Alliance for Financial Inclusion (A. F. I) in September 2009. Through A. F. I, C. B. K conducted a study tour of Brazil and Colombia to gain an understanding of Agent Banking. This model introduced through the Finance Act, 2009 entail the use of third parties by banks to extend their outreach cost effectively.The National Financial Access Survey released in 2009 indicates that 32% of Kenya’s bankable population remains totally excluded from any form of financial services. The Central Bank has therefore continued to promote policy solutions geared towards en hancing financial inclusion, with the introduction of agent banking being one of the initiatives. In a growing number of countries, banks are finding new ways of delivering financial services to unbanked people. The introduction of agent banking is intended to enable institutions to provide banking services in a more cost effective way which is equally cheaper to the customers (C.G. A. P, 2009). It is further intended to enhance financial access especially for those people who are currently unbanked, while giving banks an opportunity to increase their market shares (F. S. D/Kenya, 2009). Despite the strong presence of retail outlets showing interest to work with banks as agents, the adoption of this model is rather slow. Since the coming into operations of the Guidelines on Agent Banking, only six banks have applied to the C. B. K for Agent Network approval (C. B. K, 2010).Of these, only two applications had been granted approval by end of September 2010, while the other four were s till in the early stages of review. As at 30th September 2010, CBK had approved 5,892 agents of which 4,392 of these agents are telecom related with 1,500 comprising other types of enterprises. In addition, 66% of the approved agents are in the rural areas while the rest are in urban areas. (C. B. K, 2010). This study therefore seeks to find out the factors influencing the implementation of agent-banking by commercial banks in Kenya. 1. 3 PurposeThis study aims at discovering the factors behind the sluggish pace of agent banking implementation in Kenya, with emphasis on the position taken by commercial banks in Kenya towards agent-assisted banking models. The results of the study will include comprehensive recommendations to both commercial banks and the industry regulator on possible strategies of making agent banking, as an alternative service delivery channel, a success in bringing financial services closer to the poor and currently unbanked population. 1. 4 Objectives of the stu dy 1. 4. 1 General objectiveThe general objective of the study is to determine factors influencing the implementation of agent banking in the Kenyan Financial Services Sector. 1. 4. 2 Specific objectives The study aims to achieve the following specific objectives; i. To determine how consumer protection influences the implementation of agent banking by commercial banks in Kenya ii. To determine how laws and regulations influences the implementation of agent banking by commercial banks in Kenya iii. To determine how risk appetite affects the implementation of agent banking by commercial banks in Kenya iv.To find out the effect of overall business strategy on the implementation of agent banking by commercial banks in Kenya. 1. 5 Hypotheses Table 1. 1 Hypotheses sets |Set |H0 |HA | |1 |Consumer protection requirements influence the |Consumer protection requirements have no influence on the | | |implementation of agent banking by commercial banks in |implementation of agent banking by c ommercial banks in | | |Kenya. Kenya. | |2 |Unfavorable legal and regulatory guidelines on agent |Legal and regulatory guidelines on agent networks have no | | |networks affect the implementation of agent banking by |effect on the implementation of agent banking by commercial | | |commercial banks in Kenya. |banks in Kenya. | |3 |Low risk appetite influences the operationalization of |Low risk appetite has no effect on the operationalization of| | |agent banking by commercial banks in Kenya. |agent banking by commercial banks in Kenya. |4 |Lack of an elaborate business strategy on agent banking|Business strategies have no effect on the adoption of agent | | |affects the adoption of agent banking models among |banking models among commercial banks in Kenya | | |commercial banks in Kenya | | 1. 6 Scope The study will cover duly registered commercial banks in Kenya, with information being gathered preferably from the headquarters of the institutions.Respondents will be individuals hold ing managerial position related to retail banking, channels management, risk management and marketing or strategy functions. All aspects of service delivery by third party agents will form the main subject of the study. 1. 7 Significance of the study 1. 7. 1 To regulatory authorities The study will be of major use to the CBK, Central government and other oversight bodies as it will give insights on the unique attributes of the Kenyan banking sector and identification of potential problem areas in the quest of increasing financial inclusion through alternative channels.This will go along pay in guiding policy decisions that can be exploited to make banking services conveniently available all segments of the population. 1. 7. 2 To commercial Banks The study is important to Commercial bank managers since it will help them appreciate the magnitude of potential loss of business opportunities to their competitors due to lack of flexible strategic planning. The report will also produce val uable industry data that can be used by commercial banks to develop comprehensive business strategies on agent banking as key potential problem areas in the banking model will be identified and quantified. . 7. 3 To academicians and researchers The study will be a source of reference material for future researchers on related topics; it will also help other academicians who undertake the same topic in their studies. The study will highlight important relationships that require further research; this may be in the areas of relationships between firm’s performance and delivery channels’ dynamics. 1. 8 Limitations of the study This study will be confined to the headquarters of 12 Commercial Banks in Kenya.The responses given might be inadequate to make generalizations for the whole banking sector. This problem will however be averted by stratifying the population into three categories based on asset book size and market reach, and in line with the classification provided by the industry regulator, followed by random sampling. This will ensure that the sample will indeed be a true representative of the population. 1. 9 Assumptions The study assumes that consumer protection requirements, low risk appetite, cumbersome regulations and restrictive business strategies have a negative influence on the adoption of agent banking models in Kenya.The study further assumes that middle and top level bank managers in the areas of retail banking, marketing, strategy and risk management are conversant with the subject of service delivery through third party agents. 1. 10 Definitions Strategy- a firm’s theory about how to gain competitive advantage Strategic management process – sequential set of analyses and choices that can increase the likelihood that a firm will choose a strategy that generates competitive advantage Strategic alliances – arrangements where two or more independent organizations cooperate in the development, manufacture, or sa le of products or servicesAgent banking – a banking model where commercial banks offer their core services through third party intermediaries Consumer protection – set of guidelines a firm/industry employs to cover its customers from any form of exploitation due to their vulnerable position in a business transaction Risk appetite – the amount of loss a firm is ready to absorb due to risk events Risk – uncertainty in the occurrence of loss or gain Reputation risk – risk of loss resulting from compromised external opinion towards a firm Operational risk – risk of loss resulting from inadequate or failed internal processes, people and systems, or from external eventsLiquidity risk – risk that an imbalance between cash inflows and outflows will result in insufficient cash reserves to meet all demands of the depositors. Chapter Two Literature Review 2. 0 Introduction This chapter presents the literature review and theories, and conceptual framework adopted in the study of strategic alliances and more specifically, the evolution of agent banking. In addition, an empirical work has been reviewed with the final presentation of conceptual and operational frameworks of the study. 2. 1 Theoretical Literature ReviewThe sections analyses current theories related to strategic management process, strategic choice, strategic alliance threats and opportunities, and their relevance in the agent banking models. Research gaps and theoretical weaknesses have also been identified. 2. 1. 1 Strategic Management Process Although most can agree that a firm’s ability to survive and prosper depends on choosing and implementing a good strategy, there is less agreement about what constitutes a good strategy (Barney, 2008). However, there seems to be an agreement as to what a strategy really means: a firm’s theory about how to gain competitive advantage.The strategic management process is a sequential set of analyses and choices that can increase the likelihood that a firm will choose a strategy that generates competitive advantage (Hesterly, 2008). The first step is mission (long term purpose) definition, followed by setting of objectives, that is, specific measurable targets that a firm uses to evaluate the extent to which it is realizing its mission. The next phase are the internal and external analyses, where a critical evaluation of the strengths, weaknesses, opportunities and threats is done in regard to both the internal and external environments.Once a firm establishes a sound balance between internal capabilities and weaknesses with external opportunities and threats, the management is in an informed position to select strategies that presents the best way possible to achieve the firm’s objectives. Barney (2008) categorizes strategy choices into business level strategies and corporate level strategies. Business-level strategies are actions a firm takes to gain competitive advantage in a sin gle market and includes cost leadership, differentiation and focus.Corporate level strategies are actions a firm takes to gain competitive advantage in multiple markets and includes vertical integration strategies, strategic alliances, mergers and acquisitions. This study draws its subject on strategic alliances as a corporate-level strategy a firm may choose to achieve its broad objectives. One major weakness of this framework is that it presents strategic management in a form of series while in real sense, management decisions are made within a network of closely interwoven and interrelated activities. For instance, S. W. O.T analysis is done at every stage in the strategic management process 2. 1. 2 Strategic Alliances A strategic alliance exists whenever two or more independent organizations cooperate in the development, manufacture, or sale of products or services. These alliances can be groped into three broad categories: nonequity alliances, equity alliances, and joint ventur es (Barney, 2008). In a nonequity alliance, cooperating firms agree to work together to develop, manufacture, or sell products or services, but they do not take equity positions in each other or form an independent organizational unit to manage their cooperative efforts.Rather, these cooperative relations are managed through the use of various contracts: licensing agreements, supply agreements, and distribution agreements. For instance, in the banking industry, agent banking falls under distribution agreements as agents are contracted by banks to offer banking services on behalf of the banks (C. G. A. P, 2008). The classification according to Barney (2008) is in agreement with that given by Day (1990) and gives a clear distinction between strategic alliances and mergers and acquisitions.However, other writers have questioned this classification as merger could be indeed be a form of strategic alliances involving capital. 2. 1. 3 Strategic Alliance Opportunities Strategic alliances c reate value by exploiting opportunities and neutralizing threats facing a firm. Opportunities associated with strategic alliances fall into three large categories. First, these alliances can be used to improve performance of a firm’s current operations. Second, alliances can be used to create a competitive environment favorable to superior firm performance.Finally, they can be used to facilitate a firm’s entry into or exit from new markets or industries (Hesterly, 2008). Indeed, the major reason why most firms cooperate is to increase efficiencies and open more avenues of improving firms’ performance. However, Hesterly (2008) has not clearly whether opportunities of strategic alliances attract firms or it is the business needs that compel firms to initiate alliances in the market. 2. 1. 4 Strategic Alliance Threats Just as there are incentives to cooperate in strategic alliances, there are also incentives to cheat on these cooperative agreements.Indeed, research shows that as many as one-third of all strategic alliances do not meet the expectations of at least one alliance partner (Barney, 2008). In the case of distributor agreements (nonequity alliance), the producers often evaluate the threats of the alliance using a framework of risk. The risk based approach has particularly been adopted in the financial services contracting in countries like Brazil and Mexico. (C. G. A. P, 2006) Hesterly (2008) has highlighted four issues of concern to forming strategic alliances: consumer protection, legal / regulatory implications, competitive networks, Reputational and operational risks.In addition, an organization needs to have an overall business strategy that is open to strategic linkages with other entities. Lyman (2009) has brought these threats into perspective while studying the branchless banking model in Brazil, Kenya and the Philippines. 2. 1. 4. 1 Consumer Protection And Resolution Of Grievances According to Lyman (2009), any of the foreg oing categories of risk triggers consumer protection concerns if the resulting loss falls on customers. Use of retail agents may also increase the risk that customers will be unable to understand their rights and press claims when aggrieved.Customers are protected against fraud by laws and regulations in the countries studied. But it is not always clear to customers how they will be protected against fraud when they use retail agents to conduct financial transactions. 2. 1. 4. 2 Legal / Regulatory Risks Since industry regulators have had little experience with agent banking models and are still adjusting existing rules to address them (or had yet to begin this process), some level of legal and regulatory uncertainty and ambiguity for both the banks and nonbanks (and to a lesser extent also for retail agents) has remained.Once a model becomes widely used in a country, these uncertainties and ambiguities could take on a systemic dimension if, for example, several banks with significan t operations conducted through retail agents suddenly face an unfavorable interpretation that challenges their authority to transact business through retail agents or the enforceability of related legal agreements (Lyman, 2009) 2. 1. 4. 3 Operational Risk Operational risk refers to potential losses resulting from â€Å"inadequate or failed internal processes, people and systems or from external events. For banks and nonbanks that use retail agents and rely on electronic communications to settle transactions, a variety of potential operational risks arise. For example, customers or retail agents could commit fraud, or a bank’s equipment or other property could be stolen from a retail agent’s premises. Financial loss for banks or nonbanks (and also potentially for customers) can also occur from data leaks or data loss from hacker attacks, inadequate physical or electronic security, or poor backup systems (Lyman, 2009). 2. 1. 4. 4 Reputation Risk When retail agents under perform or are robbed, banks’ public image may suffer.Many operational risks mentioned (such as the loss of customer records or the leakage of confidential customer data) also can cause reputational risk, as can liquidity shortfalls in the retail agent’s cash drawer. Moreover, reputation risk can spread from one bank or nonbank to another and take on systemic dimensions (Lyman, 2009) 2. 1. 4. 5 Liquidity Risk Retail agents, especially those that are relatively small, unsophisticated, and remote, may not have enough cash to meet customers’ requests for withdrawals and may lack experience in the more complex liquidity management required for offering financial services.To manage liquidity effectively, retail agents must balance several variables, including turnover of cash, ease of access to the retail agent’s bank account, and processing time of transactions, among others (C. G. A. P, 2008). 2. 1. 4. 6 Business Strategy Although most can agree that a firm ’s ability to survive and prosper depends on choosing and implementing a good strategy, there is less agreement about what constitutes a good strategy (Barney, 2008). According to Aaker (1998), t is usually very difficult to predict how competition in an industry will evolve, and so it is rarely possible to know for sure that a firm is choosing the right strategy and this is why a firm’s strategy is almost always a theory. However, this theory sets the tone at which competition evolution is handled in the future. For a firm to make the choice of making strategic alliances, the overall business strategy must be open to the formation of strategic linkages with other entities.This fact has been acknowledged by the Central Bank of Kenya which has directed that for any commercial bank to be allowed to offer services through third party agents, it must have an elaborate business strategy on agent banking (CBK guidelines on Agent Banking, 2010). In summary, the classification of threats in agent banking models as given by Lyman (2009) appears to be widely accepted by industry players as the framework was drawn from case studies done in the banking industry in the pioneering countries.However, the framework fails to suggest possible avenues of avoiding or at least neutralizing these threats to be used as a guideline by financial institutions which are interested in agent banking models. More research is indeed required to meet this gap if agency banking is to be the new frontier of increasing financial inclusion. 2. 2 Empirical Review The concept of agent banking has only taken momentum in the twenty first century, with Brazil being a success story of branch-less banking. Other countries where the banking approach has been implemented are South Africa, India, Mexico, Kenya and the Philippines.In Kenya, the idea of agent banking evolved from the innovations of the mobile telecommunications company, Safaricom Ltd, with its innovative and transformative mon ey transfer service, ‘M-PESA’. In 2009, the Banking Act was amended to allow commercial banks use agents in their outreach to extend the formal financial services access frontier. Three organizations have been instrumental in studying agent banking models and their contribution to the universal goal of raising financial inclusion among the poor. These organizations are F. S.D/K (Financial Sector Deepening, Kenya), C. B. K (Central Bank of Kenya) and C. G. A. P (Consultative Group to Assist the Poor). In an effort to promote financial access by the majority of Kenyans, the Central Bank and the banking sector continued with initiatives to put in place a credit information sharing mechanism which would enable individuals to use their information capital as â€Å"collateral† to access bank services. Further, the amendment of the Banking Act to permit banks to use agents in their outreach would also extend the formal financial services access frontier.In 2009, banks p ursued revenue growth strategies based on their ability to acquire new customers and cross-selling more products and services to existing customers by leveraging on technology (C. B. K, 2010). In a growing number of countries, banks and other financial service providers are finding new ways to make money and deliver financial services to unbanked people (C. G. A. P, 2009). Rather than using bank branches and their own field officers, they offer banking and payment services through third parties.For many poor customers, it would be the first time they have access to any formal financial services—and formal services were usually significantly safer and cheaper than informal alternatives. Two models of branchless banking through retail agents have emerged: one led by banks, the other by non-bank commercial actors (Lyman, 2009). Both use information and communication technologies, such as cell phones, debit and prepaid cards, and card readers to transmit transaction details from the retail agent or customer to the bank (C. G. A. P, 2009).For example, customers of Caixa Economica Federal, a Brazilian state-owned bank, could open and deposit money in a current account, make person-to-person transfers, and get loans—all using simple bankcards and card readers at over 12,000 lottery outlets, supermarkets, and even butcher shops (Lyman, 2009). In Kenya Customers could use their phone to send and receive â€Å"M-PESA,† make payments to other people and shops, and store money for future use (F. S. D/K, 2010). Branchless banking through retail agents appeals to policymakers and regulators because it has the potential to extend financial services to unbanked and marginalized communities.But it also challenges them to ask: What are the risks of these new approaches, and are they different from those of conventional branch-based banking? How should banks respond to these risks (C. G. A. P, 2009) F. S. D/Kenya and C. G. A. P have done immense research and advocacy on agent banking. Agency banking can be understood by examining the experience of five pioneering countries— Brazil, India, South Africa, the Philippines, and Kenya—where agent-assisted branchless banking that targets poor customers is already a reality (Kumar, 2009).Branchless banking represents a new distribution channel that allows financial institutions and other commercial actors to offer financial services outside traditional bank premises. Lyman (2009) has outlined two models of agent banking. One model of branchless banking—for example, Internet banking and automatic teller machines (ATMs)—can be seen as modest extensions of conventional branch-based banking. Other models offer a distinct alternative to conventional branch-based banking in that customers conduct financial transactions at a whole range of retail agents instead of at bank branches or through bank employees (C. G. A.P, 2009). This concept has introduced new risks and other regulatory issues in the industry. For regulators, the task is not to try to eliminate these risks, but to balance them appropriately with the benefits of branchless banking—including expanded outreach of financial services. Of the countries so far studied, Kenya may best reflect the situation of most developing and transition countries (F. S. D Kenya, 2010). Policymakers and regulators have greeted branchless banking with a mixture of great enthusiasm for its potential to expand access and real concern about new risks for vulnerable customers and the financial system.The case for accepting bank agents in Kenya has already been accepted by policy makers and regulators in Kenya; the question is how to regulate and supervise this (FSD Kenya. 2010). In addition, it is left to the individual banks to decide whether they will use the model to meet their strategic objectives. The Central Bank of Kenya has indeed placed a requirement for an elaborate business strategy on agent banki ng before any approval is given for agent networks. Section 2. 3. 2. f CBK guidelines on agent banking approval requires the applying institution to have a delivery channel strategy and how agents fit in the strategy, feasibility study of the global view of future operations and development of the agent business for a minimum period of three years and a business strategy for agent banking (C. B. K, 2010). According to FSD-Kenya, key issues to be considered are: review of agent licensing requirements, risk management, and need for consumer protection arrangements covering agents.These issues are likely to be of major concern to commercial banks and may indeed hamper the implementation of agent banking. The threats associated with agent banking have not gone unnoticed. Indeed most commercial banks are taking a rather conservative position regarding the implementation of agent banking model. Like F. S. D/K, C. G. A. P (2009), has identified three issues that agent banking, as a strateg ic alliance orientation, poses to both the regulator and the market players: reputational and operational risks, consumer protection, regulatory framework and business strategies at the institutional level. On its part, C. B.K has alluded that any bank wishing to operate through agents must have an elaborate business strategy on agent banking before any approval is given. 2. 3. 1 Conceptual Framework [pic] Independent Variables Dependent Variable Figure 2. 1: Conceptual framework Source: (Author, 2010) 2. 3. 2. Operational Framework: [pic] Dependent variable Independent variables Parameters Figure 2. 2: Operational framework Source: (Author, 2010) Chapter Three Research Methodology 3. 0 Introduction This chapter presents the methodology that will be used to carry out this study.Research methodology is defined as an operational framework within which the facts are placed so that their meaning may be seen more clearly. The task that follows the definition of the research problem is th e preparation of the design. The methodology of this research includes the research design, population to be studied and sampling strategy, the data collection process, the instruments to be used for gathering data, and how data will be analyzed and presented. 3. 1 Research Design In this study a survey design will be used. This research problem can best be studied through the use of a survey.This method portrays an accurate profile of persons, events, or situations. Surveys allow the collection of large amount of data from a sizable population in a highly economical way. It allows one to collect quantitative data, which can be analyzed quantitatively using descriptive and/or inferential statistics. 3. 2 Population The population of study will consist of 46 commercial banks in Kenya. Target population in statistics is the specific population about which information is desired. A population is a well defined set of people, services, elements, and events, group of things or households that are being investigated.This definition ensures that population of interest is homogeneous. Population studies, also called census are more representative because everyone has equal chance to be included in the final sample that is drawn. The target population of this study will be all the 46 commercial banks in Kenya registered under the banking act. The study will focus on the headquarters of the banks, especially risk, marketing, strategy and retail divisions since they are the most conversant with the strategic directions of the banks in regard to the subject of the study. Table 3. 1 Target Population Class |Net Assets |Population |Percentage % | | |(‘000,000’ KES) |(Frequency) | | |Large Banks |> 15,000 |19 |42 | |Medium Banks |5,000 – 14,999 |14 |32 | |Small Banks |< 5,000 |12 |26 | |Total | |45 |100 | Source: (C. B. K, 2010) 3. 3 Sample size The sample size in this study will consist of 12 commercial banks in Kenya. The researcher will involve the mar keting managers, retail banking managers, and risk/compliance managers (preferably two managers from each of the mentioned functional areas) from each bank.This means that the total respondents in this study will be 72 in number. 3. 4 Sampling technique The researcher will use stratified random sampling to select 12 commercial banks out of 46 banks. The researcher will in this case consider all the commercial banks and choose 12 of them in a manner that will make the sample a true representative of the population. The population will be stratified into three categories according to the market shares and in line with the CBK classification of financial institutions. In each class, the researcher will select a random sample so that each item in the population has the same probability of being selected as part of the sample as any other item. Table 3. 2: Sample size Classes |Respondents |Target Population (2/Bank)|Sample size (2 |percentage | | | | |respondents * 4 | | | | | |banks per class) | | |Large |Marketing/strategy Managers |38 |8 |21% | | |Retail-Banking Managers |38 |8 |21% | | |Risk/Compliance managers |38 |8 |21% | |Medium |Marketing/strategy Managers |28 |8 |28% | | |Retail-Banking Managers |28 |8 |28% | | |Risk/Compliance managers |28 |8 |28% | |Small |Marketing/strategy Managers |24 |8 |33% | | |Retail-Banking Managers |24 |8 |33% | | |Risk/Compliance managers |24 |8 |33% | Source:(Author, 2010. ) 3. 5Instruments. The researcher will use primary data (questionnaires) to carry out the study. The questionnaires will include structured (close-ended) and unstructured (open-ended) questions. The structured questions will be used in an effort to conserve time and money as well as to facilitate in easier analysis as they are in immediate usable form; while the unstructured questions will be used so as to encourage the respondent to give an in-depth and felt response without feeling held back in revealing any information.With unstructured questions, a resp ondent’s response may give an insight to his feelings, background, hidden motivation, interests and decisions and give as much information as possible without holding back. 3. 6 Validity and Reliability The questionnaires to be used are estimated to be reliable as sets of questions measuring a single concept have been groped together, resulting in a high degree of internal consistency. In addition, the instruments will be subjected to a test-retest procedure before being distributed to the main respondents. The variables have been operationalized into parameters that represent issues which are handled on a day to day basis under normal business activities in the industry being studied.Besides, the selected respondents have been drawn from personalities with knowledge, experience and influence on matters forming the subject. This will ensure that the instrument actually measures the true situation, opinions and predictions on agent banking in Kenya. A survey designed will be u sed in this study because of its strength associated with collecting data in a real life situation. In addition, the sampling technique (random stratified) and the proposition of drawing respondents from relevant divisions in the head offices of commercial banks will increase the external validity as the results could be generalized to the entire banking sector in Kenya. 3. Data Collection Data will be collected using the drop and pick method. The method is deemed appropriate as all respondents are expected to be found within a small geographical area, that is, the city of Nairobi. This is coupled by the possibility of face to face interaction with the respondents which is likely to increase the response rate. 3. 8 Data Processing and Analysis Once the completed questionnaires have been received, the raw data will be edited to ensure accuracy, completeness and consistency as well as identifying cases where a respondent may give more than one response in a question that would otherwi se generate a single answer.A codebook of questionnaire items will then be developed and used to enter responses into a computer spreadsheet which would then be imported by S. P. S. S. Data will be analyzed using a multiple regression model. This will enable the researcher to make possible predictions about the study. A multivariate regression model will be applied to determine the relative importance of each of the three variables with respect to the implementation of agent banking by commercial banks in Kenya. The regression model will be as follows: y = ? 0+ ? 1X1 + ? 2X2 + ? 3X3 + ? 4X4 + ? Where: Y = Implementation of agent banking ?0 = Constant Term ?1, ? 2, ? 3, ? 4 = Regression coefficients associated with consumer protection, risk appetite, laws & regulations and restrictive business strategy respectivelyX1= consumer protection X2= risk appetite X3= laws and regulations X4= Restrictive Business strategy. 3. 9 Presentation of Findings The findings will be presented using tab les and charts. Tables will be used to summarize responses for further analysis and facilitate comparison. This will generate quantitative reports through tabulations, percentages, and measures of central tendency. Cooper and Schindler (2003) notes that the use of percentages is important for two reasons; first they simplify data by reducing all the numbers to range between 0 and 100. Second, they translate the data into standard form with a base of 100 for relative comparisons.References Aaker, D. (1998), Strategic Market Management, Chichester, Wiley. Voll 13 pp 14 – 26 Achrol, R. S. and Kotler, P. (1999), â€Å"Marketing in a networked economy†, Journal of Marketing, (special issue). Aliouat, Boualem. (2006). â€Å"Effects of change paradigms on strategic Alliance† Montreal: pp, 26 – 84. Barney, J. B. and Hesterly, W. S. (2008), â€Å"Strategic Management and Competitive Advantage†. New Jersy, Prentice-Hall. Banking in Brazil. † World Bank Working Paper No. 85. Washington, D. C. : World Bank. http://siteresources. worldbank. org/inttopconf3/resources/363980retail0p101official0use0only1. pdf. Bengtsson, Maria & Kock, Soren. (2000). Competition in Business Networks- to cooperate and compete simultaneously†. Industrial Marketing Management Vol. 29 No. 5 pp. 411-426. Elsevier Science. Calori, R. et al. (1989). Strategic Action. Paris: Organisation Editions. Cravens, D. W. (1998), â€Å"Examining the impact of market-based strategy paradigms on marketing strategy†, Journal of Strategic Marketing. Vol. 45 No. 11 pp. 312-367. Central Bank of Kenya. (2009). Banking Supervision Annual Report, 2009: http://www. centralbank. go. ke/downloads/acts_publications/banking supervisionannualreport_2009. pdf Central Bank of Kenya. (2010). Banking Supervision Quarterly Repor, third quartert, 2010http://www. centralbank. go. e/downloads/acts_publications/banking supervisionthirdquarterreport_2010. pdf Central Bank of Kenya. (2010). Guidelines on Agent Banking, 2010 : http://www. centralbank. go. ke/downloads/acts_publications/banking agentbankingguidelines_2010. pdf Consultative Group to Assist the Poor (CGAP). (2009). Financial Access: Measuring Access to Financial Services around the World. http://www. cgap. org/financialindicators. Davis, S. M. (1984), Managing Corporate Culture, Cambridge, MA Ballinger Publishing Company. Vol. 15 No. 11. Day, G. S. (1990), Market Driven Strategy: Processes for Creating Value, The Free Press, New York, NY. The Free Press. Voll 9 No 2 Doyle, P. 1998), Marketing Management and Strategy, London Prentice-Hall Europe, Hemel Hempstead. Voll. 13 pp 42 – 48 Drew, S. A. W. (2001), â€Å"What really drives a fast company? †, Journal of Management. Vol. 65 No. 79 pp. 651-926. Elsevier Science. Financial Sector Deepening, Kenya. (2010). Regulation and Supervision of Bank Channels: Policy Options for Kenya : http://www. fsdk. com/downloads/acts_publications/ Regula tion and Supervision of Bank Channels,2010. pdf Hax, A. C. and Wilde, D. L. (2001), The Delta Project: Discovering New Sources of Profitability in a Networked Economy, Palgrave, Basingstoke. Vol. 10 No. 2, pp. 4-14. Johnson, G. and Scholes, K. (1997), Exploring Corporate Strategy,Prentice-Hall Europe, Hemel Hempstead. Vol. 7 No. 6, pp. 343-56. Lyman, Staschen, Kumar, Anjali, Ajai Nair, Adam Parsons, and Eduardo Urdapilleta. 2008. â€Å"Expanding Bank Outreach through Retail Partnerships: Correspondent Mas, Ignacio & Hannah Siedek. (2009). .Banking through networks of agents CGAP Focus Note 47. Ndungu, N. (2010). Banking Supervision Annual Report, CBK Focus Note 2009. Porter, M. (1980), Competitive Strategy: Techniques for Analyzing Industries and Competitors, The Free Press, New York, NY. Pp 26 – 31 Porter, M. (1985), Competitive Advantage: Creating and Sustaining Superior Performance, The Free Press, New York, NY. Pp 46 – 53 Slater, S. F. nd Narver, J. C. (1998), â⠂¬Å"Customer-led and market-oriented: let’s not confuse the two†, Strategic Management Journal. Vol. 59, July, pp. 63-74 ———————– Consumer protection Regulatory issues Risk appetite Business strategy Agent Banking Implementation Grievance Handling Information Confidentiality Fraud & employee theft Reputational risk Operational risk Liquidity Risk Agent Registration Agent control & monitoring Conflict resolution Channel strategy Feasibility studies Technical Expertise Consumer Protection Risk Appetite Laws & Regulations Restrictive &'e†#(2CUVCO > business strategy Agent Banking Implementation (Number of banks)

Monday, July 29, 2019

California State Prison Research Paper Example | Topics and Well Written Essays - 750 words

California State Prison - Research Paper Example Hence, all of the California’s State Prisons are equipped with the highest security and major facilities. The State Prison is designed as multi-mission institutions with high level and minimum security. They have the working facilities of soap manufacturing, laundry with other major improving conveniences relating to health care, rehabilitation and education, self-improvement, vocational and psychiatric needs (Stephan, 2004). Population California State, having the second largest Police Department makes not mistake in bringing the offenders to the prisons. During the first six years of the 21st century the population peaked till 173,000 inmates but finally started to go down and ended up around 163,000 by the year 2010. Due to the over flowing population capacity of the prison, the Supreme Court ordered to either transfer or release around 30,000 prisoners by the end of year 2013. It was a necessary step taken in order to maintain the conditions of the State Prison. Due to thi s management the small offenders are sent to small local custodies than state prison, which shows a great 12% decrease in the population, which is about 141,000 inmates by the end of February, 2012. The population around the State Prison is also aging, with only 13% prisoners under the age of 25. This is majorly due to two factors. The first being the overall age of California State population is getting older, and secondly people are sentenced to more years in the prison (Hayes, 2012). Women constitute only 5% of the State Prison population under less crime intensity. Yet the overall population of State Prison constitutes of a major population of African Americans, about 5 times as much as any other race (Hayes, 2012). Budget Four of the California’s State Prisons in Solano, LA, Sacramento, and Corcoran runs under the collective budget of 719.4 Million Dollars. This includes the budget for the facilities of education, health care, and institution. Even with this budget the C alifornia State Prison needs more rooms and a larger bed count as most of the prisons are much over their designed capacity. California having the largest population in the United States equally spends the most on its inmates as well, with an estimate of 16000$ annually spent just on health care of each inmate (census 2008-2009) which is more than thrice of Texas which spends less than 4000$ per inmate in a year (Hayes, 2012). Level of surveillance The California State Prison works under the special level of security which enables them to categorize the prisoners accordingly. Level 1: Open dormitories with no secure perimeter. Level 2: The dormitories are open but with secure perimeter and armed coverage. Level 3: It included personal cells with fences perimeters along with armed coverage throughout the area. Level 4: Along with individual cells, the perimeters are fenced or walled with high security and more staff. The guards protect the inside and the outside the prison area. Secu rity Housing Unit (SHU): This area comes under the level 4 security level, that includes inmates that are confirmed prison gang members, bosses and high tension victims are kept under surveillance at all times. Reception Center (RC): This is the short term housing facility that enables the state prison to identify on which level the prisoner should be housed. Condemned (Cond): The

Sunday, July 28, 2019

Reflective Letter Essay Example | Topics and Well Written Essays - 500 words - 3

Reflective Letter - Essay Example I think this is one of the central parts of the revision process. It is possible to write a sentence that is grammatically correct that nonetheless has multiple meanings. Upon the revision process I was able to spot much of the ambiguity and clarify these element. This way the paper flowed more and the argument was stronger. During the revision of this specific paper I also realized areas where the argument could be made stronger. These revision elements were more conceptual in nature as I recognized that things that were previously stated were not as strong as they could have been. This way I was able to add more quotes and background information to strengthen the essay. To a great part my writing in ‘Your Life is Your’ Decision’ also was revised in terms of clarity and conceptual elements. Throughout this essay I recognize there were many elements that I did not make adequately clear. Changing these elements allowed the essay to flow better. Notably with this essay I experimented more with the form of the paragraphs. I came to realize that oftentimes paragraphs can go in a variety of positions and that experimenting with positions allows one to add rhetorical flair and strength to the essay. Another essay that I made revisions to was ‘A Summer Fitness Journey’. I chose this essay to be included in my portfolio as it not only represents a literal summer fitness journey, but also metaphorically attests to my writing journey throughout the course. Many of the changes that were made to this essay were for clarification purposes. In this sense I recognize I wrote the essay with a story in mind and at times did completely understand that the audience didn’t comprehend specific elements. This way during the revision I was able to more thoroughly establish the aspects of the story that weren’t thoroughly explained enough. Another major thing in this essay was the understanding that things emerged I wasn’t

Saturday, July 27, 2019

Reflective piece Essay Example | Topics and Well Written Essays - 1250 words

Reflective piece - Essay Example With the majority of the provision placed on the desire to offer a level of language learning to match the needed standard, the grades of a student are elevated to deliver success. These have been the principles that have inspired my learning abilities as I chose to join the university. English language has been the mostly applied international language in understanding given information and completing successful course selection. I have always wanted to become a professional writer and an advanced analyst of given compositions that are based on the English language (Chan and Lutovich 28). With the Expository writing course, the advancement of these needed traits has been harbored to boost my morale and the attributes needed to deliver success. I had joined the university with the motive to advance both my English language and become successful in the course that I had needed to complete to becoming an advanced graduate. When I initially took the writing course at the commencement of the semester, I held the idea that the language learning would be an easy task, but the process proved cumbersome and difficult. However, with more exercises and tasks to be completed, I have advanced in my writing and thinking abilities to become better at the English language (Bullock, Goggin, and Weinberg 18). Although there is difficulty in mastering writing and comprehension ability, the course has proved to be the ideal tool in developing the language attributes. The expository writing course had presented the challenge to present mastery on six leading areas in language mastery. The leading attribute that I had managed to acquire was in the article comprehension and writing. With the input in the articles that I had managed to write, I learnt the importance of presenting my ideas in an organized manner. The introductory paragraph had been the most challenging with difficulty presented in the research

Friday, July 26, 2019

Fighting Violent Religious through Self-Governance and Economic Research Paper

Fighting Violent Religious through Self-Governance and Economic - Research Paper Example Both air and ground bombardments of the extremist groups and toppling of the extremist regimes like the previous Saddam Hussein government have failed in ending religious extremist violence. This paper will discuss the origins of the extremist groups and offer solutions to ending religious extremist violence (James and Mason 10). II. Background and history of religious extremism Unlike the popular beliefs, religious extremism and violence is not an element of any religion. Although Islam religion has Jihad, the religion prohibits the use of violence and terrorism. The root cause of religious extremism is false radical doctrines that cause frustration and anger among the extremists. Religious extremist groups are willing to use violence to maintain the status quo. Unfortunately, America has numerous hate groups and religious extremists that are always willing to use violence to achieve their terrorism objectives. Religious extremist groups make powerful denunciation of people with dif ferent lifestyles and dehumanize the non-believers in their religion. These groups make idealizations of past eras and devalue the events of the world since they intensely focus on life after death. These groups try to maintain the traditional roles of women and use violence to those who disagree with their beliefs. One common belief of all religions is the purpose of preservation of human life and living according to the will of God. Islam is committed to attaining peace through commitment to God’s will. Muslim Brotherhood, the most influential political organization in the Muslim world, has embraced radical ideologies by asserting that the Arab world is currently corrupted by Western influences. Modern Islamic extremist groups include Hamas, Hezbollah and Al-Qaeda. Islamic extremist has been triggered by the US occupation of Iraq, the globalization of the Western culture and the ongoing Palestinian-Israel conflicts where countries dominated by Christianity beliefs are suppo rting Israel in the occupation of the contested regions (James and Mason 40). Christian extremist groups also exist with the objective of using violence against members of other religions in order to transform the US to a biblical law government. Christian extremists groups have in the past used violence against citizens who live against the biblical teachings like gay people, pro-abortion groups and stem cell researchers. The goal of the Christian extremist groups is to impose their moral values in the US constitution and eventually create a â€Å"Christian America† that is ruled by Christianity beliefs and teachings. The aftermath of the Holocaust that claimed the lives of more than 6 million Jews led to the formation of Jewish religion extremist groups. The clash of cultures and faith between the extremist Muslims and extremist Christians has threatened the global peace since numerous terrorism attacks have been facilitated by the extremist groups. Islamic extremist groups have the objective of dismantling democratic governance and capitalist ideas and replace them with communist values. The return of the Palestinian State to Muslims and the total destruction of Israel is one of the objectives of religious extremism in the Israel-Palestinian crisis. Religious extremism is a part of the greater social problems experienced in the society. Historically, Islam religion was peaceful due to excellent living conditions and flourishing economies. Christians

Buddhism culture Essay Example | Topics and Well Written Essays - 500 words

Buddhism culture - Essay Example These basic teaching of Buddha, capitulated in the Four Noble Truths or Dhamma place a great importance in looking after our body. Siddharta Gautama had realized the significance of maintaining the health and vitality of the body by going through extreme situations. As a wandering ascetic for six years, he had subjected himself to the most intense form of fasting. However, he found out that denying the body of its vital requirements was not the key to spiritual enlightenment. In the same way, he also concluded that overindulgence is not good for the body as it always lead to ill health. He therefore proposed a "middle way" and asserted to "look on the body as if it were a wound that needed to be treated daily with appropriate medicine (Flanagan 5)." The great importance placed by the Buddhist in a healthy lifestyle is evident to their adherence to a lot of health techniques. Buddhists are very particular of their diet as they are strictly vegetarians. The first lay precept in Buddhism strongly prohibits killing. As eating meat usually implies killing animals, Buddhist sects especially Mahayana strongly denounces consumption of meat. Buddhists are also known for their utilization of different meditation techniques as a "great libe

Thursday, July 25, 2019

Renewable Energy Research Paper Example | Topics and Well Written Essays - 1000 words - 1

Renewable Energy - Research Paper Example This has led to establishment of measures to switch to renewable energy sources like wind and photovoltaic electricity. These renewable sources are clean and also maintainable considering that they do not emit gases or toxic that can pollute the environment. Some sources like wind are plentiful, easily affordable, require less maintenance and cannot get exhausted. These renewable sources can be established in rural areas and therefore this encourages establishment of industries in those areas. Wind energy convertors have a strong inbuilt framework that enable them to convert the free moving air which has kinetic energy to rotational movement whereby then it can make the generator to start working-mechanical energy (David, 2009). This is through the friction of the rotating wind and the wind turbine blades. However, before any electricity is generated there are stages that are involved. The first stage is the stage of revolution. In this stage, the blades are made with certain dimensions to help harness as much free moving air as possible. They should be able to rotate easily and should have a considerable length of about forty meters. They should also be placed in certain degrees depending on the direction of the wind. The blades are able to rotate because of the two main forces that are involved. The first one is the drag force which is horizontal to the wind direction and the lift force which is vertical to the direction of wind (David, 2009). These forces depend on the shape of the rotating blades and the angle in which the wind meets the blade. Either of these blades can be used to propel the blade. It is important to note most of the Wind Energy Converts depend mainly on the lift force. All this is illustrated in the diagrams below. The blades rotate on a rotor which is connected to the shaft. The rotor then makes the generator to convert the waves to electricity. This stage is referred to as the mechanical stage. The wind turbine should be

Wednesday, July 24, 2019

Knowledge Management Foundations of IT Systems HW Research Paper

Knowledge Management Foundations of IT Systems HW - Research Paper Example In this scenario, the basic purpose of a knowledge management system should be the assurance that the approved clients will be able to access information. Moreover, just using a straightforward information management, recovery system and document cataloging is the beginning. Since gathering business knowledge does not only engage software and technology but it also necessitates a powerful document management software and intellectual change of how data and information are produced, managed, dispersed, stored and developed into modernization (infoRouter, 1998), (TechTarget, 1998) and (Bellinger, 2004). This paper discusses some novel aspects of knowledge management (KM) discipline for organizational innovation. In this paper I will analyze some of the prime areas of KM system for our organization. I will discuss some advantages along with significant factors regarding this new technology application at different levels of our corporation. CURRENT PROBLEMS WITH ORGANIZATION With curren t business practice at the corporation we are facing some critical problems regarding corporate operational arrangement. In this scenario the major issue is due to the traditional and inflexible working structure of the business. Seeing that, currently corporation is running its operations using traditional business practices (without knowledge management system) thus, below are some possible issues: (Laudon & Laudon, 1999) and (Turban, Leidner, McLean, & Wetherbe, 2005) Long time required for processing information Difficulties in managing records using paper based approach Difficult to manage business processes A lot of time required to search for the business information Absolutely no or least data sharing More workers required to handle business information Information gathered can include dirty data Business reports are complex and not offering better contribution for the effective decision making about business KNOWLEDGE MANAGEMENT SIGNIFICANCE Knowledge management outlines th e major concerns of organizational efforts, change and ability beside fundamental and irregular environmental changes. Additionally, it represents organizational procedures that look for synergistic grouping of information and data processing capability of information technologies, and the modern and inspired competence of various individuals. Moreover, the knowledge management is related to the practical and thoughtful implementation for the reason that it does not exist in the hypothetical description however in the actual world implementation where the maximum confronts and prospects recline (Global Risk Management Network LLC,, 2011) and (Laudon & Laudon, 1999). IMPORTANCE KNOWLEDGE MANAGEMENT SYSTEM Knowledge management system is an innovative concept that is used to illustrate the creation of knowledge warehouses, knowledge availability and distribution, communication through teamwork, improving the knowledge framework and organizing knowledge as a plus point for an enterprise . Normally, knowledge management system encompasses a variety of applications and techniques those

Tuesday, July 23, 2019

Prison reform in Ghana Thesis Example | Topics and Well Written Essays - 250 words

Prison reform in Ghana - Thesis Example Prisons are housed in old colonial forts. New structures are being built, but not fast enough. Since most of the population is economically poor many end up committing a crime. The poor are at the mercy of the gang members. The prisons are filled with violence, drugs, and corruption. The Ghana Prison Service is in charge of overseeing the prisons. While changes are being made, they are woefully inadequate. The problem becomes that the Ghana people are patterning a prison system after the British. This would be fine if the Ghana government had the resources of the British government. Since the country is one of the poorest in the world, their prison system cannot achieve the same goals as one of the richest countries in the world. The Ghana Prison System needs to create a correctional program based on their resources, culture, and needs. While this seems unlikely I can only hope for a better prison system in the future. I wish that all humans can be treated fairly, even those in West Africa. Ghana deserves to have their culture preserved in every aspect of their life, including their prison

Monday, July 22, 2019

Methodology to improve organizational effectiveness Essay Example for Free

Methodology to improve organizational effectiveness Essay A non-profit organization should use both qualitative and quantitative performance measures, based on the organization’s mission goals and objectives, to show financial and programmatic accountability in a transparent environment. Qualitative and quantitative research methods can be used in marketing, financial planning, fundraising and program research and evaluation. This paper will define and discuss these models as they relate to a non-profit organization. Examples of their application and benefits will be given with respect to the Employment Skills Center, a 501 (c)3 organization. Qualitative versus quantitative analysis When making decisions in a non-profit organization, there are two general approaches to problem solving: quantitative and qualitative. The quantitative approach uses mathematical reasoning involving numerical data and involves data collection using such methods as structured surveys and interviews and review of related documents. Qualitative research involves non-numerical information, such as in-depth interviews, focus groups, open-ended surveys and observation. Both have their place in research and analysis conducted in non-profit organizations. Effective use in non-profit organizations Using both qualitative and quantitative analysis, separately and/or together, to evaluate and improve the performance of an organization is critical to its success. Data that may be used with these methods include financial and operations data, marketing, communications and fundraising data, programs and outcomes data and external data (â€Å"The State of Non-profit Data†. 2012. ). Analyzing budget revenues, expenses and variances between projected numbers and actual numbers uses a quantitative method and is helpful in creating a more accurate budget. In addition to budgeting, the Employment Skills Center uses quantitative analysis in measuring outcomes for reporting to the Pennsylvania Department of Education and funder reporting. These outcomes include participation rates, program completion, educational gains, employment and retention and client demographics. Qualitative analysis is used to evaluate client needs and satisfaction in order to improve program services. It is also used in volunteer management and retention and staff development. Mixed methodology is useful in board evaluation, job performance reviews, fund development, marketing and communications and improving program effectiveness. Impact analysis is the cornerstone of non-profit sustainability and involves both quantitative and qualitative methodology. It allows you to find out what is and is not working in your organization. It shows your current and potential funders, and the community, what your organization does and how it benefits your clients and the community. It can help raise additional funds by providing evidence of the organizations effectiveness. It can improve staff effectiveness by identifying strengths and weaknesses. By looking at certain statistical data provided by the U. S. Census Bureau and the U. S. Bureau of Labor and statistics such as population projections, educational levels, unemployment rates and economic indicators we can evaluate the current need for services and use the data in grant applications, donor solicitations and community awareness.

Through the Tunnel Essay Example for Free

Through the Tunnel Essay Doris Lessing is a British writer who has a background of upbringing in various Afro-Asian countries like Persia and Rhodesia. But she is living in Britain since 1949. She has written extensively about the racial and also has taken into account the feminist themes like male-female relationship and female identity and freedom in contemporary Western society. There an autobiographical element in â€Å"Through the Tunnel† and she describes her own experiences in it. Symbolism is an important literary element that she utilizes in a subtle way to covey her themes. Through the Tunnel symbolizes her own adolescent experience at recognizing her difference with the world where she resides and the world she belongs to and the passage through the channel of identity crisis. The two areas of coast safe beach and dangerous beach Jerry looks at when he arrives at the coastline symbolize the two different worlds. Like Lessing he resides at a place where he has no solace. He connects his mother to that crowded beach due to the fact she has no identity of her own and is lost among the crowd. Lessing reflects her own image in the form of Jerry as her own parents especially her mother lost her true identity and remained a part of the world where they resided i.e. Persia and Rhodesia. They neither became a part of that society nor their own. â€Å"Jerry’s struggle is that of an individual trying to find his place in the world† (Sobeloff, 1997) Her mother helps him in this regard although she is concerned about him but she thinks that â€Å"Of course hes old enough to be safe without me.† (Lessing)   So she decides to let him go by saying; â€Å"Are you tired of the usual beach, Jerry? Would you like to go somewhere else?†Ã¢â‚¬  (Lessing) The Safe beach is a place that Lessing belongs too. Jerry feels a sense of independence and security while playing on that safe beach. That somewhere else is the place where he craves to go for. For Lessing that place is England i.e. her maternal ancestral home. Although she resided among the native African and felt their pathos and miseries but like Jerry, she â€Å"kept his distance at a stones throw.† (Lessing) Because she was different racially, linguistically and culturally. As â€Å"all of them burned smooth dark brown, and speaking a language he did not understand.† (Lessing) Lessing and Jerry were different from them. The difference was not deep and based on hatred as â€Å"They shouted cheerful greetings at him†. (Lessing) Sobeloff says that â€Å"while there is no overt â€Å"color bar† guiding the interactions between Jerry and the older boys† (Sobeloff, 1997) but it was psychological. So Lessing felts the pains of Africans but psychologically she was an English being. The passage through the tunnel is an effort for one’s own identity and freedom. Lessing has to go through the suffering of this identity but she took it as challenge like jerry. Passage through this identity tunnel was marked with pathos and miseries but she never gave up. Whenever a child hankers after such an adventurous journey, there are friends, relative and parents who counsel and help in these issues but for Jerry there is no one to provide answer to his questions and to relieve him. Same was the case with Lessing. She struggled all alone for her identity and there was no help of any sort available to her. Hanford has beautifully summed up this challenge in her life; â€Å"Lessings life has been a challenge to her belief that people cannot resist the currents of their time, as she fought against the biological and cultural imperatives that fated her to sink without a murmur into marriage and motherhood.† (Hanford, 1995) Jerry toiled day ad night to pass that tunnel; â€Å"That day and the next, Jerry exercised his lungs as if everything, the whole of his life, all that he would become, depended upon it. And again his nose bled at night, and his mother insisted on his coming with her the next day.† (Lessing) Lessing went through the same toil and effort to remove the chasm between herself and her true identity. Because the beach where she was residing â€Å"It was not [her] beach.† (Lessing) Finally she won her fight and But unlike Jerry she â€Å"gave in at once.† (Lessing) Helleron clearly depicts the inner satisfaction of Lessing by saying that â€Å"When Jerry finally achieves his goal, there is no fanfare, no applause, just a quiet celebration within himself knowing that he succeeded.† (Helleron, 1997) References Hanford, Jan. Biography. A Readers Guide to The Golden Notebook Under My Skin, Harper Perennial, 1995. Holleran, Karen.† Through the Tunnel: The Search for Identity and Acceptance†.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Short Stories for Students, Gale Research, 1997. Lessing, Doris. The Habit of Loving. London:   MacGibbon Kee, 1957   Sobeloff, Judy. Short Stories for Students, Gale Research, 1997.

Sunday, July 21, 2019

Peter Eisenmans Memorial to the Murdered Jews of Europe

Peter Eisenmans Memorial to the Murdered Jews of Europe Throughout history, nations have sought to exhibit social memory of their past achievements whilst conversely erasing the memory of transgressions committed during their development. These nostalgic reflections of historic events have been both literally and figuratively portrayed in didactic monuments, which carefully edify the events into clear depictions of state victory and triumph. However, shifts in the discourse of twentieth-century politics have given rise to the voice of the victim within these stories. The traditional nation-state is now answerable to an international community rather than itself; a community that acknowledges the importance of human rights and upholds moral conditions. These states continue to construct an identity both in the past and present, but are expected to acknowledge their own exclusions and accept culpability for their previous victimisations. In this new climate the traditional memorial does not become obsolete, but instead evolves beyond a celebratory monument, increasingly referencing the states transgressions and role as perpetrator. This progressive switch in attitude has given birth to a new form of memorial: the anti-monument. These contemporary memorials abandon figurative forms in preference of abstraction. This medium facilitates a dialogical relationship between viewer and subject whilst also promoting ambivalence. Critically, this new typology allows the narrative of the victim and perpetrator to intertwine into a single united form, a so-called move towards political restitution. This essay analyses the tradition and characteristics of historic monuments and the post-industrial development of the anti-monument. The essay studies and questions abstraction as the chosen vehicle of the anti-monument, using Peter Eisenmans Memorial to the Murdered Jews of Europe as a case-study. I argue that despite its achievement as a piece public art, fundamentally, it fails to perform its function of commemoration through its abstracted, ambiguous form. Traditional monuments use figurative imagery to form an intuitive connection to the viewer. They use language and iconography to present the onlooker with the states idealised perception of a significant event in history. Throughout time, these monuments have often outlasted the civilizations or political regimes who constructed them and as a result their unchallenged specific narrative becomes definitive; all memory of an alternative narrative is lost with the passing of witnesses who could recall the actual events. This has the negative consequence of alleviating the present-day visitor of responsibility for the past and fails to accommodate the constantly changing and varied perspective of the viewer. In this respect, the permanence of the traditional monument presents an unchallengeable story which becomes an active presence to the visitor, who is always the receptive element. However, events of the twentieth century such as the atomic blast at Hiroshima and the atrocity of the Holocaust altered commemorate practice. Memorials were no longer militaristic and celebratory but instead acknowledged the crimes of the state against civilians. Designers were faced with the innumerable challenge of memorialising the most quintessential example of mans inhumanity to man the Holocaust. An event so catastrophic it prevented any attempt to singularly record the individual victim. The new typology that emerged would later be defined as the antimonument. The anti-monument aimed to dispel previous memorial convention by favoring a dialogical form over the traditional didactic monument. This new memorial typology avoided literal representation through figurative expression and written word in favor of abstraction. This move toward the abstract enabled the viewer to now become the active element and the monument to become the receptive element; a role-reversal that allowed the visitor to bring their own interpretation to the memorial. James E Young commented that the aim of these memorials: is not to console but to provoke; not to remain fixed but to change; not to be everlasting but to disappear; not to be ignored by passersby but to demand interaction; not to remain pristine but to invite its own violation and desanctification; not to accept graciously the burden of memory but to throw it back at the towns feet. In this way, James E Young suggests that the anti-monument acts receptively to history, time and memory. He also states: Given the inevitable variety of competing memories, we may never actually share a common memory at these sites but only the common place of memory, where each of us is invited to remember in our own way. The anti-monument facilitates the ongoing activity of memory and allows the visitor to respond to the current sufferings of today in light of a remembered past. It is this point that fundamentally determines the important and necessary dialogical character of all modern Holocaust memorials. Consequently, in 1999 the Federal Republic of Germany passed a resolution to erect a memorial to the murdered Jews of Europe. This memorial intended to honour the murdered victims and keep alive the memory of these inconceivable events in German history. An open competition selected American, Peter Eisenman as the winning architect, who proposed an expansive field of 2,711 stelae and the Ort, a supplementary information centre. The memorial is not only significant for its purposes of remembrance, but also represents the first national monument to the Holocaust to be constructed with financial and political support from the German Federal State. The location of the memorial itself is considered arbitrary by some, as the site has no previous connotation with the Holocaust or Nazism, but instead was a former no-mans land in the death strip of the Berlin Wall. Whilst the commemorative power of this location may be questioned, the significance of its placement lies within its integration into Berlins urban realm. The edge condition of the memorial presents a natural transition between the stelae and the pavement. The ground plane and first stelae sit flush to each other before gradually rising and recessing into two separate data that create a zone of uncertainty between. The memorial does not acknowledge the specificity of the site and the lack of central focus intends to reflect the ambient nature of victims and perpetrators in the city of Berlin. Within the stelae each visitor senses the memory of the victims somatically by experiencing feelings of claustrophobia, uneasiness and disorientation within the narrow walkways and scale of the monument. It was not Peter Eisenmans intention to emulate the restrictive condition of a death camp, but instead, to encourage the personal reflection of the individual in their role of carrying memory in the present. In this monument there is no goal, no end, no working ones way in or out. The duration of an individuals experience of it grants no further understanding, since understanding is impossible. The time of the monument, its duration from top surface to ground, is disjoined from the time of experience. In this context, there is no nostalgia, no memory of the past, only the living memory of the individual experience. Here, we can only know the past through its manifestation in the present. In this sense, each visitor is invited to experience the absence created by the Holocaust and in turn, each feels and fills such a void. It cannot be argued that this corporeal engagement with absence is not potent; however, in most instances the feeling becomes ephemeral. Each visitor walks precariously around the memorial, pausing for thought and anticipating the next corner. They are forced to change pace and direction unwillingly and face the constant threat of collision at every turn and intersection of the towering stelae. It is this condition, in my opinion, that instills the feeling of threat and uneasiness into most visitors as opposed to the perceived connection between themselves and the victims. The memorial does not dedicate any space for gatherings of people and hence inhibits any ceremonial use in the act of memory. The collection of stelae is reminiscent of the cemeteries of Jewish ghettos in Europe where due to space constraints; tombstones are piled high and crowded together at different angles. Some visitors treat the memorial as a cemetery, walking slowly and silently, before stopping and layering flowers or candles at the side of a stele. The presence of these somber mourners and their objects of remembrance are one of the only indicators that clearly identify the stelae field as a memorial. However, the objects discarded at the memorial are always removed by the staff, suggesting the monument be experienced in its intended form; a relationship more akin to public art rather than that of a memorial. In Eisenmans opinion, the memorial is emblematic of a seemingly rigid and understandable system of law and order that mutates into something much more profane. The visitor experiences this first-hand when feeling lost and disorientated in the environment they once perceived as rational and negotiable from the outside. The project manifests the instability inherent in what seems to be a system, here a rational grid, and its potential for dissolution in time. It suggests that when a supposedly rational and ordered system grows too large and out of proportion to its intended purpose, it in fact loses touch with human reason. It then begins to reveal the innate disturbances and potential for chaos in all systems of seeming order, the idea that all closed systems of a closed order are bound to fail. Through abstraction, the memorial attempts to acknowledge both the victims and perpetrators in a single, integrated form. The regular grid of the memorial and its deceptive portrayal of rationality acknowledge the perpetrators of the crime: the Nazi Third Reich. Whilst viewed from afar, the stelae resemble tombstones in a cemetery, granting the victims a marker for their life, a marker previously denied to them by a Nazi regime who aimed to erase all memory of their existence. Eisenmans memorial is concerned with how the past is manifested in the present. His interest lies not with the murdered Jews the memorial aims to commemorate, but instead, how the present-day visitor can relate to those victims. In this respect, the memorial permits remembrance displaced from the memory of the holocaust itself. Eisenman wrote: The memory of the Holocaust can never be one of nostalgia. The Holocaust cannot be remembered in the nostalgic mode, as its horror forever ruptured the link between nostalgia and memory. The monument attempts to present a new idea of memory as distinct from nostalgia. The field of stelae does not present a nostalgic recollection of Jewish life before the holocaust; neither does it attempt to encapsulate the events of the genocide. Instead, the memorial connects with the visitor through a corporeal engagement that facilitates an individual response to memory. The stelae have the effect of creating a ghostly ambience as the sounds of the surrounding streets and city are deadened, exaggerating the visitors discomfort. However, the ambience is disturbed by the shouting, laughter and conversation of visitors lost in the stelae looking for one another. In marked contrast, the subterranean information centre has the effect of silencing its inhabitants. The exhibition provides a literal representation of the atrocities of the holocaust, didactically displaying the clothing, letters and personal belongings of a handful of victims. Eisenman originally rejected the inclusion of a place of information so that the stelae field would become the exclusive and definitive experience. However, his competition win was conditional upon its inclusion. It is my opinion that The Ort or information centre has become the significant place of memory and commemoration despite being simultaneously downplayed by the architect and German state. The small building is located underground and accessed via a narrow staircase amongst the stelae. As with the memorial as a whole, there is no acknowledgement of its existence or function, and as a result must be discovered through wandering. It performs commemoration far more successfully than the stelae field by generating an emotional response from the visitor. In the exhibition, the distress of the visitor is apparent as they walk around solemnly, the reality of the holocaust becoming perceptible. The acoustic presence of crying and sobbing are far removed from the laughter and shouting in the stelae above. The exhibition features spaces where the biographies of victims are made audible, explaining the sequence of events that led to their deaths. In these rooms the smallest details of the victim s forgotten lives are told in a sonorous voice which immediately gives substance to the individual and collective loss. The visitors trauma is perceptible here as the inconceivable statistics are not portrayed as abstract representations, but instead are literal and personified. It is the only section of the memorial where the holocaust is explicitly present; where visitors are not removed from the horrors but instead confronted with them. At street level, the memorial has no signs or indicators to its purpose and the stelae present no carving or inscription. The abstract nature of the stelae and site as a whole have the affect of making the memorial a relaxed and convenient place to be. The monument has transcended the theory that memorials command respect by their mere existence, with the site becoming a part of everyday life for Berliners as a place of leisure. Many stumble on the memorial as an empty maze, a childrens playground where people walk across the stelae, jumping from one to another. They are faced with conflicting emotions between an instinct to show respect and a desire to satisfy a spontaneous need to play. The memorials ambition is to enable every visitor to reach their own conclusion and ascertain an individual experience, which through abstraction it achieves. However, by the same means, it facilitates a detachment between the individual and the memorials primary function of commemoration. The theor etical narrative of the stelae field is an extremely complex and powerful idea, however the ambiguous, abstracted design fails to allow the visitor to truly relate to the victims or gain an understanding of the atrocities of the holocaust. Therefore, whilst experienced in its singularity, the abstract stelae field fails to commemorate, instead being dependant on the didactic approach of the information centre to allow the visitor to relate to the holocaust and its victims. When appraising the entries for the original competition Stephen Greenblatt wrote: It has become increasingly apparent that no design for a Berlin memorial to remember the millions of Jews killed by Nazis in the Holocaust will ever prove adequate to the immense symbolic weight it must carry, as numerous designs have been considered and discarded. Perhaps the best course at this point would be to leave the site of the proposed memorial at the heart of Berlin and of Germany empty Perhaps this approach would have ultimately become more pertinent. How does one design a monument in memory of an event so inconceivable that in some way doesnt have the adverse affect of making it more palatable? Perhaps, as Archigram often insisted, the solution may not be a building. The absence of a memorial delegates the responsibility of commemoration to the individual who as bearers of memory, come to symbolise the absent monument. The Memorial to the Murdered Jews of Europe is an intriguing and unique perspective on cognitive memory that undoubtedly has advanced the development of the antimonument, setting a new precedent in memorial architecture. However, the memorials effectiveness is fundamentally undermined by the assumption that all visitors are aware, and will continue to be aware of the specific events of the holocaust. For example, how will a second or third generations interpretation differ from that of a survivor who visits the memorial today? Its abstracted, ambiguous form fails to contextualize the memorial without the accompaniment of explicit, literal representations presented separately within the Information Centre. It is for this reason that the memorial seemingly becomes a victim of its own impossibility. Bibliography: Rauterberg, Hanno. Holocaust Memorial Berlin. (Lars Muller Publishers) 2005. Young, James E. The Art of Memory: Holocaust Memorials in History. (Prestel) 1994. Heathcote, Edwin. Monument Builders: Modern Architecture and Death. (Academy Editions) 1999. Williams, Paul. Memorial Museums: The Global Rush to Commemorate Atrocities. (Berg) 2007. Young, James E. The Texture of Memory: Holocaust Memorials and Meaning. (New Haven) 1993. Boym, Svetlana. The Future of Nostalgia. (Basic Books) 2001. Sion, Brigitte. Experience and Remembrance at Berlin. (New York) 2007. Choay, Francoise. The Invention of the Historic Monument. (Cambridge University Press) 2001. Eisenman, Peter. Notations of Affect. An Architecture of memory (Pathos, Affekt, Gefà ¼hl) 2004. http://www.pbs.org/wgbh/pages/frontline/shows/germans/memorial/eisenman.html Memorial to the Murdered Jews of Europe Project Text. 2005. Photographs: Magnuson, Eric. Pathways. (http://www.flickr.com/photos/esm723/3754775324) 2009. Ndesh. Platform Games. (http://www.flickr.com/photos/ndesh/3754009233/in/photostream)2009. Ward, Matt. Flowers. (http://www.flickr.com/photos/mattward/3472587863) 2009.

Saturday, July 20, 2019

Youth Criminal Justice Act (YCJA) Essay -- essays research papers

Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic treatment of children under the JDA did not conform to Canadian human rights legislation (Mapleleaf). It remained a heated debate until the new legislation passed the Youth Criminal Justice Act. Some thought a complete overhaul was needed, others t hought minor changes would suffice, and still others felt that the Young Offenders Act was best left alone. In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating th...

Friday, July 19, 2019

Essay --

Throughout history, many different types of economic models and theories have been developed. These different philosophies of business often were an important and integral part of a government’s basic structure. For example communist countries like China and the Soviet Union practiced a type of socialism. While, democratic nations like the United States and Canada practice forms of capitalism. Also within these economic models exists different theories as well such as Keynsian economics and laissez faire economics. To understand how these types of economies work in the world today, it is important to study and define a variety of economic systems. Researching such economic systems as capitalism and socialism, and also looking at the ideas of laissez faire and the Keynsian economics, a person will start to have a better understanding of how business works in the world today. One of the most common major types of economic systems in the world today is capitalism. In its simplest terms, capitalism can be defined as an economic system in which a country’s trade and industry are run by private organizations for profit. So within capitalism major industries such as manufacturing, energy, banks, transportation, medicine and more are not run by the government. The earliest forms of capitalism can be traced to the 17th century English Puritans who possessed a strong work ethic that focused an importance on productive labor. Modern capitalism is said to have started in the mid-18th century with the birth of factories. Factory owners were able to maximize wealth by making goods that were in-demand and also by streamlining labor. For capitalism to work. supply and demand is typically unregulated by government. It is based on the f... ...omy. For example, China is considered a communist government. However for their economy to exist in the world market, some private ownership and factories have been allowed to exist with government oversight. And the United States while considered a capitalistic society has such institutions as public schools, energy, medicare, and services which all share in and benefit from equally. All economic systems also have their pros and cons. For example, Capitalism has been accused of ignoring the individual in pursuit of profit. While socialism does not reward the entrepreneur with wealth, but often punishes the rich with crushing taxes. In the end, the best way to understand how economies work in the world today is to research each ones basic history and definition. In this way a person can make an informed decision on what economic system they believe works best

The Role of Fear Depicted in Arthur Miller’s The Crucible Essay

The play â€Å"The Crucible† is an allegory for the McCarthyism hysteria that occurred in the late 1940’s to the late 1950’s. Arthur Miller’s play â€Å"the crucible† and the McCarthyism era demonstrates how fear can begin conflict. The term McCarthyism has come to mean â€Å"the practice of making accusations of disloyalty†, which is the basis of the Salem witch trials presented in Arthur Miller’s play. The fear that the trials generate leads to the internal and external conflicts that some of the characters are faced with, in the play. The town’s people fear the consequences of admitting their displeasure of the trials and the character of John Proctor faces the same external conflict, but also his own internal conflict. The trials begin due to Abigail and her friends fearing the consequences of their defiance of Salem’s puritan society. The witch hunt in the crucible is initiated when Abigail and her friends fear the consequences of their ‘dancing’ in the forest. This connects to McCarthyism as the HUAC is represented by the judges and the ‘accuses’ (the girls) are representatives of Elia Kazan and others like him. The theocratic society of Salem is what the girls fear as the forest is seen as the devils resting place and the puritan nature of the town forbid dancing as it was seen as ‘vain enjoyment’ which as Miller himself states at the beginning of the novel to not be allowed. The character of Mary Warren begs the girls to just admit they were dancing as â€Å"†¦you’ll only be whipped for dancin’†¦Ã¢â‚¬ , but as Abigail is questioned and Parris mentions the kettle and how he believed â€Å"†¦there to be some movement- in the soup†¦Ã¢â‚¬ , the devil becomes prominent in the conversation. This is due to Abigail fearing that she will be bl amed for devil worshipp... ...h, his wife, does not want to admit her husband’s deceit, proctor is accused of lying to the court. When Proctor confesses his sin of lechery he feels better and his internal guilt is freed. This is different to the end of the play where he signed the confession to witchcraft. He later rips it up as could not live with himself if he were to allow Abigail to get away with her lies, through confessing to something he did not do. In ripping up the confession he is also able to keep his good name which he says at the end is all he has left, his name, and he does not want to give it away. In conclusion, the fear generated by Abigail and the other girls, which began initially with their own fear of punishment, caused the town’s fear and lead to John proctor’s external and internal conflict. Therefore making true the statement the prime instigator of conflict is fear.

Thursday, July 18, 2019

Ethical and Legal Issues in nursing Essay

The nursing regulatory body, the Nursing and Midwifery Council requires all registered nurses to have an understanding of the ethical and legal principles which underpin all aspects of nursing practice(NMC,2010). A comprehensive understanding of current legal and ethical frameworks facilitates the delivery of appropriate skilled nursing care. The purpose of this assignment will be to critically discuss an episode of care encountered whilst on clinical placement. The episode of care involves the covert administration of medication to an elderly patient. The decision to covertly administer the medication will be critically assessed in this assignment. The Gibbs(1988) reflection model will be used to guide the discussion. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. Harris et al. (2008) found that between 40 and 60% of mental health patients fail to adhere to their medication treatment plan. This number increased to 50 and 70% for elderly patients with dementia, and between 75 to 85% among patients with schizophrenia and bi-polar disorders. In such cases, where the patient’s well being is at risk and the treatment is essential, health-care professionals may resort to disguising medications in food and drink. The medication is crushed or liquefied and mixed with foodstuff. This practice of concealment is called covert medication(NMC,2008). By covertly administering medication, the patient consumes a drug without the required informed consent. The Gibbs(1988) reflection model has been chosen for the purpose of this assignment as it allows the author to reflec t and think systematically about the episode of care. The initial stage of Gibbs’ reflective cycle is ‘Description’; in which the author is required to describe the events which occurred. In order to comply with the NMC(2010) code of conduct and guidelines on patient confidentiality, the patient will be called Mr Walker. Mr Walker, an 80-year-old service user was temporary placed at the respite care home. Mr Walker had severe dementia, and was  unable to communicate effectively. He frequently resisted all essential nursing care. Mr Walker’s medical history also included hypertension and angina. He was prescribed blood pressure medication (enapril tablets) to stabilise his blood pressure and to reduce the risk of stroke and heart attacks. He was also prescribed diuretics and medication to prevent further angina attacks. Mr Walker frequently refused to take his medication; spitting out the tablets and refusing to swallow. The nurse in charge, concerned about the deterioration of Mr Walker’s health, considered the option to covertly administer his medication. The MDT held a meeting and reached the decision to covertly administer Mr Walker’s medicat ion. The second stage of the Gibbs’ reflective cycle is ‘Feelings’, requiring the author to briefly discuss her reactions and feelings. The author felt the decision to covertly administer medication was morally correct and ethically permissible. The author refers to the deontology ethical theory to support her thoughts and feelings. The NMC code of conduct considered by Beckwith and Franklin(2011) as a model of rule deontology states that all health-care professionals should â€Å"safeguard and promote the interests and well-being of patients†. The act of covertly administering medication could therefore be deemed morally correct. The practitioners intended on acting in the best interest of Mr Walker irrespective of the consequences of their actions (breaching patient autonomy). Their actions promoted and safeguarded Mr Walker’s health and well-being. Husted (2008) argues that from a deontological point of view, violating an individual’s autonomy is sometimes necessary to promote the individual’s best interest. In this case it could therefore be ethically permissible to covertly administer medication without Mr Walker’s consent. The medication is essential and promotes Mr Walker’s long-term autonomy and safeguards his health and well-being. Similarly, the ethical princip les of beneficence and non-maleficence could be used to justify the use of covert-medication (Wheeler 2008). The principle of beneficence is an ethical principle derived from the duty to provide benefits and to consider the benefits of an action against the risk. According to Masters(2005), health-care practitioners have a professional duty and an ethical obligation to carry out positive actions with the aim of safeguarding their patient’s health and well-being. With this notion in mind, covert medication could be morally justified if it safeguards the  welfare of the patient. In this case, the discontinuation of medication would have had a detrimental effect on Mr Walker. Thus administering the medication covertly was in accordance with the principle of beneficence. In this case, one could also argue that the medication was actually acting as an autonomy restoring agent (Wong et al,2005). Mr Walker’s autonomy was restored in that he was relieved of severe pain. The medication also worked by improving his quality of life. Several studies on the chemical and physical restrain t of aggressive dementia patients also often show a preference to covert medication (Treolar et al,2001). Covert medication is often considered the least ‘restrictive’ and ‘inhumane’ way of administering medication when considering alternatives like physical and technical restraint to administer medication by force (Engedal,2005). Such alternatives to covert medication are unsafe and can have long lasting negative psychological effects on the patient (Wong et al, 2005). However, covert medication is not without its shortcomings. The team was deceiving Mr Walker, an already confused, poorly, frail, weakened and vulnerable individual. In the Dickens et al(2007) study, many patients expressed this view of covert-medication as an act of deception. They considered covert medication as an extremely coercive practice violating their personal rights. This resultantly damaged the therapeutic nurse-patient relationship and patients felt they were no longer in a safe, therapeutic environment. The nursing ethical principle of non-maleficence is similarly relevant to this discussion. It requires practitioners to safeguard their patients’ welfare by not inflicting pain or harm (Koch et al,2010). This requirement poses serious ethical dilemmas. It is difficult to uphold this ethical standard as all forms of medical intervention entail some element of harm. Koch et al,(2010) suggest that perhaps for the harm caused to be ethically permissible it should be pr oportional to the benefits of the medical treatment. The author thus feels that covert medication in Mr Walker’s case could be ethically justified under these ethical principles. The author will now focus on the ‘Analysis’ stage of Gibbs’ reflection model. Here, the author will critically analyse the events which occurred including the decision making process and the decision itself. The author will firstly discuss the issue of consent in relation to covert medication. The covert administration of medication is indeed a complex issue. It derives from the  essential principles of consent and patient autonomy which are deeply rooted in the UK statute, common law and the Human Rights Act 1998 (Lawson and Peate,2009). The UK law clearly considers bodily integrity a fundamental human right; a mentally competent adult has the right to refuse medical treatment regardless of how essential the treatment is to their health and well being (Kilpi, 2000). The freedom of choice which is reinforced by the ethical principle of respect for autonomy is an important right. The NMC(2008) further highlights in the Code that it is the nurses’ professional, legal and ethical duty to respect and uphold the decision made by the patient. If a nurse administers covert medication to a mentally competent individual, the nurse will be acting unethically (disregarding autonomy) and in breach of the law which could constitute grounds for trespass, assault or battery (NICE,2014), as shown in the cases R v SS [2005] and R v Ashworth Hospital [2003]. Thus practitioners have a professional, legal and ethical duty to respect the autonomous wishes of each patient. In Mr Walker’s case an MDT meeting was held prior to the covert administration of medication to consider Mr Walker’s lack of consent and his mental capacity to consent. The MDT consisted of: the general practitioner, psychiatrist, junior house officer, nurse-in-charge, home-manager, occupational-therapist, physio-therapist, speech and language therapist, pharmacist, dementia nurse specialist, student nurse, and two relatives. By holding an MDT meeting, the practitioners were acting in accordance with local policies and guidelines. The NICE(2014) guidelines state that health-care practitioners have a legal duty to investigate and take into account the patient’s wishes, as well as the views of their relatives, carers and other practitioners involved in the patient’s care. By consulting with the relevant parties, the decision made will be, â€Å"based on what the person would have wanted, not necessarily what is best for their physical or mental health†(Latha,2010). Latha thus argues that decisions based on the patient’s wishes show some respect for the patient’s autonomy and are much more ethical than isolated decisions to covertly administer medication. As such, a failure to consult the relevant parties may constitute a breach of legal, professional and ethical duty as shown in the Gillick v West Norfolk  Health case (Nixon,2013). However, the Dickens et al, (2007) study shows that nurses frequently administer covert medication without any prior discussion with the MDT, relatives or even the pharmacist. Such practice has led to some nurses being disciplined and charged with various offences (Wong et al,2005). Under UK law, covert medication could be legally justified and considered ethical if the patient is admitted to the hospital under the Mental Health Act (1982). It could also be justified if it is shown that the patient lacks capacity under the Mental Capacity Act(2005). The MCA(2005) introduced the 2 stage capacity test. This 2 stage-capacity-test was used by the MDT in Mr Walker’s case. The MCA test required the MDT to consider whether Mr Walker’s cognitive impairment rendered him mentally incompetent to make treatment decisions. The physician used the MacArthur Competence Assessment Tool for Treatment (MacCAT-T) and the Mini-Mental Status Examination tool (MMSE) to assess Mr Walker’s cognitive function and his capacity to consent. The MacCAT-T interview tool was used to assess Mr Walker’s ability to (1) understand his medical condition and the benefits/ risks of the medical treatment (2) his ability to appreciate this information (3) his reasoning ability and (4) his ability to communicate and express his decision. The results showed Mr Walker as mentally incompetent and lacking the capacity to consent. Mr Walker was (1) unable to understand the information given to him regarding his treatment (2) he was unable to retain or weigh up the information given to reach a decision (3) he was unable to communicate his decision effectively even when encouraged to use non-verbal communication such as blinking or squeezing a hand. The Mini-Mental Status Examination (MMSE) tool was also used by the physician to assess Mr Walker’s cognitive function. Mr Walker following the assessment scored a low score of 12 on the MMSE. The MDT provided further clinical evidence (screening tools, clinical data, memory tests , medical imaging results).There were some disadvantages associated with using the MacCAT-T assessment tool. The MacCAT-T tool itself does not give ‘cut off scores’ to clearly ascertain the boundary between capacity and incapacity. This is certainly a limitation. As shown in the Palmer et.al. (2002) study, this can lead to some patients with low scores being wrongly assessed as lacking capacity. The MacCAT-T tool also fails to recognise the emotional aspects of decision making (Stoppe, 2008). It assumes that people only rely on a  rational, analytic, rule-based thought process to make decisions. Breden and Vollman (2004) thus argue that, â€Å"the restriction to only logical rationality runs the risk of neglecting the patient’s normative orientation†. Other factors including situational anxiety, severity of the medical condition, medication could also impact on a person’s ability to articulate their decision making process. Furthermore, assessment tools like the MacCAT-T tool, largely depend on the clinician’s ability to carry out a clinical interview with the patient. It requires the physician to make an isolated evaluation and decision. Isolated judgements and evaluations can be unreliable as they can be influenced by factors such as subjective impressions, professional experience, personal values, beliefs and even ageism as shown in the Marson et.al. empirical study (Sturman,2005). In the study only 56% of physicians who participated in the capacity assessment of patients were able to agree on a capacity judgement. Many physicians found that they were unable to agree due to differences in medical experience, personal beliefs and subjective impressions. Such empirical evidence certainly questions the reliability of capacity assessment tools. Following on, effective communication skills were essential at this first stage of the capacity assessment as the team was required to consider whether Mr Walker was likely to recover capacity. Effective communication is certainly important in such MDT settings as, â€Å"effective communication, which is timely, accurate, complete, unambiguous, and understood by the recipient, reduces errors and results in improved patient safety† (Bretl,2008). Several studies have shown ineffective communication as a contributing factor in medical error cases (Rothschild, 2009). Through effective communication, each member of Mr Walker’s MD team understood the discussion at hand and was thus able to contribute new suggestions and solutions. The team implemente d communication skills such as negotiation, listening and goal setting skills.The MDT with input from Mr Walker’s relatives concluded that a best interest decision would have to be made on Mr Walker’s behalf. The general practitioner made it clear that the best interest decision would have to comply with the UK legal framework. The European Convention of Human Rights (ECHR) requires the medical treatment given to be respectful to the patient (Pritchard, 2009). In discussing Mr  Walker’s case, it was firstly established (during the medication review), that the treatment in question had both ‘therapeutic necessity’ and ‘therapeutic effects’ for the patient. The MDT when making a best interest decision also considered the risks and benefits of treatment in accordance with the ECHR requirements. The ECHR states that the medical treatment should not be given in a sadistic, inhumane or degrading manner (Human Right Review,2012). Similarly, the NICE(2014) guideline states that the harm that would be caused by not administering the medication covertly, must be greater than the harm that would be caused by administering the medication covertly. This requirement was satisfied by the practitioners in Mr Walker’s case. An in-depth risks and benefits assessment was carried out. The pharmacist’s input was essential at this stage. The pharmacist presented an evidence-based argument; discussing the essential medication with medical necessity. The pharmacist also provided guidance on the most appropriate form of administration; for example he suggested prescribing enapril in its liquid form (enaped). The pharmacist also provided guidance on the most appropriate method of administration; for example; not mixing the medication with large portions of food or liquid. Following this discussion with the pharmacist, a best interest decision was made to covertly administer Mr Walker’s medication. It was important for the MDT to consult with the pharmacist. The method of crushing, smashing tablets or opening capsules which is a commonly used when covertly administering medication is an unlicensed form of administration (NMC, 2008). It can inflict harm by altering the therapeutic properties which can cause adverse reactions and fatalities. When using this unlicensed method of administration, the practitioner is also unable to establish whether the patient has received the prescribed amount. If the patient is not receiving the correct dosage required for his treatment, the treatment is ineffective (Wong et al,2005). The pharmacist should therefore be consulted with. However, as demonstrated by the McDonald et al,(2004) study pharmacists are rarely consulted with. In the study, 60% of nurses working in UK care homes admitted to crushing tablets on each drug round to help patients with swallowing difficulties without firstly consulting with a pharmacist. Fortunately, in Mr Walker’s case, the pharmacist was able to provide guidance on the most appropriate method of administration. Following on, in such cases where the patient is  proven to lack capacity to consent to medical treatment, the Mental Capacity Act promotes the use of ‘best interest decisions’. In Mr Walker’s case, the MDT reached a ‘best interest’ decision to covertly administer his medication. However, there are some problems associated with the practice of relying on ‘best interest decisions.’ Baldwin and Hughes (2006), highlight the numerous problems associated with making best i nterest decisions. In their empirical study, Baldwin and Hughes found that practitioners and relatives often evaluate a patient’s quality of life differently. The results showed the poor performance of relatives and practitioners at predicting patients’ medical treatment preferences. Differences in cultural backgrounds, professional experiences, values and beliefs mean that decisions made may actually go against what the patient would have wanted. The failure to consider the patient’s values and believes was found to be a common occurrence in the Dickens et al,(2007) study. In this study, 18% of the nursing staff interviewed admitted that they would be willing to covertly administer medication to even those patients with capacity to consent, regardless of their values and beliefs, if the treatment was essential for their well-being. The legal framework in the UK was indeed established with the aim of safeguarding the welfare of the incapacitated person. However, with such results, it remains unclear the extent to which health-care professionals are actually adhering to the legal requirements. The Mental Health Foundation(2012) argues that the MCA, â€Å"needs revising to enable more effective ‘best interests decisions’ by health and social care staff.† In its investigation, the Mental Health foundation found that although a large number of health-care staff found the MCA to be an effective tool in ba lancing the ethical principle of autonomy and safeguarding patients lacking capacity, 63% of health-care practitioners felt the definition of mental capacity was not made clear, with many expressing the view that the legal framework does not â€Å"encompass the complexity of capacity assessments in practice† (MHF, 2012). The Griffith (2008) study and the Roy et al. (2011) further found that due to this lack of understanding, a large number of mental-health patients were wrongly assessed as lacking capacity, depriving them of their personal rights. These results suggest that health-care professionals perhaps require further training and education about the legality and practicalities of covert  medication. When used without the correct legal safeguards in place, covert medication undoubtedly becomes an extremely paternalistic unlawful and unethical practice. Following the anonymous ‘best interest’ decision to covertly administer Mr Walker’s medication. The decision making process was clearly documented; the mental capacity assessment, the best interest decision, method of administration (stating explicitly that the least restrictive method will be used) were all documented in Mr Walker’s care-plan and medication-chart. Accurate documentation and record keeping is essential as it safeguards service users’ human rights and ensures that health care professionals follow the legal framework as well as local policies and guidelines. Article 6 of the HRA, ‘right to a fair and public hearing’, also requires clinical records to be comprehensible, clear and concise so that they can be referred to if needed in a fair and public hearing. Following the MDT meeting, Mr Walker’s care plan was frequently discussed and reviewed by the MDT in monthly formal review meetings in compliance with local policies and guidelines. NICE (2013) guidelines state that it is important to frequently review covert medication decisions. Each individual is different and an individual’s mental state and capacity can change over time. By carrying out the monthly formal review meetings, the practitioners safeguard their client’s rights by ensuring that covert medication is still the most appropriate, lawful and ethical method of administration. In conclusion, the nurses of today certainly practice in a complex health care system. It is thus essential for nurses to have a good understanding of the ethical principles which underpin good nursing practice. In the nursing literature, nurses are often described as the â€Å"moral agents† of the health-care system (Sellman,2011). This means that nurses should value ethical reasoning; acting in such a way which balances good intentions against risk and the best outcome. Through good ethical reasoning nurses are able to promote patient comfort, patient’s safety, ease suffering, and promote patient welfare to enhance recovery. The covert administration of medication should therefore not be an isolated decision, it should comply with the legislation, ethical principles, local policies and guidelines. Bibliography The National Institute for Clinical Excellence, (2014). Managing medicines in care homes. [online] NICE. Available at: http://www.nice.org.uk/media/B5F/28/ManagingMedicinesInCareHomesFullGuideline.pdf [Accessed 17 Apr. 2014]. Beckwith, S. and Franklin, P. (2011). Oxford handbook of prescribing for nurses and allied health professionals. 1st ed. Oxford: Oxford University Press. Breden, T. and Vollmann, J. (2004). The cognitive based approach of capacity assessment in psychiatry: A philosophical critique of the MacCAT-T. Health Care Analysis, 12(4), pp.273–283. Bretl, A. (2008). Patient safety rounds. 1st ed. Oak Brook, Ill.: Joint Commission on Accreditation of Healthcare Organizations. Nursing and Midwifery Council, (2010). The Code. [online] NMC. Available at: http://www.nmc-uk.org/Documents/Standards/nmcTheCodeStandardsofConductPerformanceAndEthicsForNursesAnd- Midwives_LargePrintVersion.PDF [Accessed 16 Apr. 2014]. Dickens, G., Stubbs, J. and Haw, C. (2007). Administering medication to older mental health patients. Nursing times, 103(15), pp.30-31.Engedal, K. and Kirkevold, O (2005). Concealment of drugs in food and beverages in nursing homes: cross sectional study. BMJ, 330(7481), p.20.Equality Human Rights (2012). Article 3: Freedom from torture and inhumane and degrading treatment or punishment. [online] Available at: http://www.equalityhumanrights.com/uploaded_files/humanrights/hrr_article_3.pdf [Accessed 12 Apr. 2014]. Gibbs, G. (1988). Learning by doing. 1st ed. [London]: FEU. Griffith, R. and Tengnah, C. (2008). Mental Capacity Act 2005: assessing decision-making capacity 2. British journal of community nursing, 13(6), pp.284-293.Harris, N., Baker, J. and Gray, R. (2009). Medicines management in mental health care. 1st ed. Chichester, U.K.: Wiley-Blackwell. Hughes, J. and Baldwin, C. (2006). Ethical issues in dementia care. 1st ed. London: Jessica Kingsley Publishers. Husted, J. and Hust ed, G. (2008). Ethical decision making in nursing and health care. 1st ed. New York: Springer Pub. Co.Koch, S., Gloth, F. and Nay, R. (2010). Medication management in older adults. 1st ed. Totowa, N.J.: Humana. Latha, K. (2010). The noncompliant patient in psychiatry: The case for and against covert/surreptitious medication. Mens sana monographs, 8(1), p.96. Lawson, L. and Peate, I. (2009). Essential nursing care. 1st ed. Chichester, West Sussex, UK: Wiley-Blackwell. Leino-Kilpi, H. (2000). Patient’s autonomy, privacy, and informed consent. 1st ed. Amsterdam: IOS Press. Macdonald, A., Roberts, A. and Carpenter, I. (2004). De facto imprisonment and covert medication use in general nursing homes for older people in South East England. Ageing clinical and experimental research,16(4), pp.326-330. Masters, K. (2005). Role development in professional nursing practice. 1st ed. Sudbury, Mass.: Jones and Bartlett. Mental Health Foundation, MCA Code of Practice needs revising to enable more effective best interests decisions to be made. (2012). MHF News Archieve, [online] p.1. Available at: http://www.mentalhealth.org.uk/our-news/news-archive/2012/12-01-31/ [Accessed 12 May. 2014]. Nixon, V. (2013). Professional practice in paramedic, emergency and urgent care. 1st ed. Chichester, West Sussex: Wiley-Blackwell. NMC, (2008). Standards for medicines management. [online] Available at: http://www.nmc-uk.org/Documents/NMC-Publications/NMC-Standards-for-medicines-management.pdf [Accessed 16 Apr. 2014]. Palmer, B., Nayak, G., Dunn, L., Appelbaum, P. and Jeste, D. (2002). Treatment-related decision-making capacity in middle-aged and older patients with psychosis: a preliminary study using the MacCAT-T and HCAT.The American journal of geriatric psychiatry, 10(2), pp.207-211. Pritchard, J. (2009). Good practice in the law and safeguarding adults. 1st ed. London: Jessica Kingsley Publishers. Rothschild, A. (2009). Clinical manual for diagnosis and treatment of psychotic depression. 1st ed. Washington, DC: American Psychiatric Pub. Roy, A., Jain, S., Roy, A., Ward, F., Richings, C., Martin, M. and Roy, M. (2011). Improving recording of capacity to consent and explanation of medication side effects in a psychiatric service for people with learning disability: audit findings. Journal of Intellectual Disabilities, 15(2), pp.85-92.Sellman, D. (2011). What makes a good nurse. 1st ed. London: Jessica Kingsley Publishers. Stoppe, G. (2008). Competence assessment in dementia. 1st ed. Wie n: Springer. Sturman, E. (2005). The capacity to consent to treatment and research: a review of standardized assessment tools. Clinical psychology review, 25(7), pp.954-974. Treloar, A., Beats, B. and Philpot, M. (2000). A pill in the sandwich: covert medication in food and drink.Journal of the Royal Society of Medicine, 93(8), pp.408-411. Treloar, A., Beats, B. and Philpot, M. (2000). A pill in the sandwich: covert medication in food and drink.Journal of the Royal Society of Medicine, 93(8), pp.408-411. Wheeler, K. (2008). Psychotherapy for the advanced practice psychiatric nurse. 1st ed. St. Louis, Mo.: Mosby Elsevier. Wong, J., Poon, Y. and Hui, E. (2005). I can put the medicine in his soup, Doctor!. Journal of medical ethics,31(5), pp.262-265.