Law Essays Admissible Criminal Evidence

Law Essays Admissible Criminal Evidence Admissible Criminal Evidence It matters not how you get it; if you steal it even, it would be admissible in evidence [per Justice Crompton in R v Leatham 1861] Discuss When considering the above statement it is necessary to examine legislation with regard to the admissibility of evidence. The starting point is to look at section 78 of the Police and Criminal Evidence Act 1984 which allows the court discretion to exclude any evidence they deem to have been unfairly obtained. There have been several cases where the issue of illegally obtained material has been considered. This paper proposes to examine the cases where judges have both exercised their discretion and excluded the evidence as well as the times when such evidence has been allowed. Within this framework consideration will be given of the factors that judges have taken into account when deciding whether or not to exclude such evidence. This will involve looking at policy issues in relation to the use of illegally obtained evidence in order to reach a conclusion as to whether in general terms the courts will opt to include or exclude such evidence. In reaching a decision as to the uniformity of the application of this discretion consideration will be given to whether changes that have occurred with regard to the rights of the suspect under the Criminal Justice and Public Order Act 1994 have impacted on the admissibility of such evidence. Although there have been many changes in the law with regard to the use of evidence that has been illegally obtained many judges still use the case of R v Sang [1980] as a yardstick by which to measure whether evidence such be excluded. In this case Lord Diplock commented that (1) A trial judge in a criminal trial has always a discretion to refuse to admit evidence if in his opinion its prejudicial effect outweighs its probative value. (2) Save with regard to admissions and confessions and generally with regard to evidence obtained from the accused after commission of the offence, he has no discretion to refuse to admit relevant admissible evidence on the ground that it was obtained by improper or unfair means.(at p 437) In this case the court following the comments made by Lord Diplock concluded that the judge would have no power to exclude the evidence on the basis that it had been obtained through the use of an agent provocateur. In many ways the decision whether or not to exclude illegally obtained evidence seems to centre on fairness. Sang remains as an authority of the rules on the exclusion of evidence as was demonstrated in the case of R v Nadir [1993] where Lord Taylor CJ said that if a judge considers evidence the Crown wish to lead would have an adverse effect on the fairness of the trial, he can exclude it under s 78 of the Police and Criminal Evidence Act 1984.He also has a general discretion to exclude evidence which was preserved by s.82(3) of the 1984 Act which would allow the judge to exclude evidence he considers more prejudicial than probative. In the later case of R v Khan [1994] 4 All ER 426, Lord Taylor seemed to change his opinion of the use of Sang as an authority stating that Since, on any view, the discretion conferred on the judge by s 78 is at least as wide as that identified in R v Sang it is only necessary to consider the question of the exercise of discretion under s 78 which is what the judge did. In general terms although the judge has the discretion to be able to rule the evidence as inadmissible it is more common for the courts to allow the evidence to be adduced. Many judges are of the opinion that the effect of s78 does not make very much difference to the cases brought before the court as most judges seem to decide in favour of inclusion rather then exclusion of such evidence as was the case of R v Mason [1987] and in the subsequent case of R v Samuel [1988]. Mason was later quashed on appeal when it was discovered that the only real evidence against the defendant was the confession and that this had been obtained by telling the defendant that his fingerprints had been found in glass near the scene, which was totally untrue. This decision was reached on the basis of interpretation of s78 where it was considered that there was bad faith and impropriety on the part of the police. A similar decision was reached in the case of Matto v DPP [1987]where the officers persuaded the defendant to undergo a breath test despite the fact that they were conducting the test under circumstances in which they were not entitled to do so. The conviction was quashed with the judge stating that the bad faith of the officers in carrying out the test when they knew they were not entitled to had tainted the case as a whole. This case was distinguished from the case of Fox v Gwent [1986] as in this case the officers were not aware that they were acting outside of there powers. A further case where the court have ruled that the police were not acting in bad faith was the case of R v Alladice [1988] in which the defendant confessed and the confession was allowed to be admitted to the court despite the fact that the police had wrongly refused to allow the defendant access to a solicitor. From all of the above it would seem that the court will only regard the police as acting in bad faith if there is clear evidence that the police deliberately deceived the defendant. There are of course exceptions where the action of the officers was questionable and the courts have still deemed the evidence to be admissible as was the case in R v Christou [1992]. In this case undercover police officers set up a shop were they were supposedly selling jewellery. All transactions in the shop were secretly recorded which led to the arrest of the defendant for dealing with stolen goods and making incriminating statements. The judge held that the police had not incited the offences and there had been no unfairness in their conduct. In the case of R v Smurthwaite and Gill [1994] the officers posed as contract killers and recorded conversations with the defendants who were attempting to hire the services of a contract killer to murder their spouses. The court regarded the officers as agent provocateurs but held that the officers had not incited the defendants to kill their spouses and therefore the evidence was admissible. In this case the judge stated that the fact that the evidence has been obtained by entrapment, or by an agent provocateur, or by a trick, does not of itself require the judge to exclude it. If, however, he considers that in all the circumstances the obtaining of the evidence in that way would have the adverse effect described in the statute, then he will exclude it. In some instances evidence that has been obtained through impropriety has been excluded. Impropriety can occur were there has been a breach of criminal law or a breach of PACE. This was held to be the case in R v Khan [1994] where surveillance devices had been placed on the premises of the suspect. It was argued that the placing of the equipment on the premises amounted to trespass by the police. The court however allowed the evidence to be admitted and the defendant was convicted. In cases where impropriety is alleged most of these cases centre on the admissibility of confessions or incriminating statements. The reliability and admissibility of confessions is governed by s76 of PACE. The most common impropriety is the denial of access to legal representation. The failure to contemporaneously record interviews has also been a problem in the past. One such case where the defendant was denied access to a solicitor was R v Samuel [1988]in which the defendant was arrested for burglary and after having been charged with one offence of burglary was denied access to a solicitor during which time he was interviewed again and confessed to a robbery. At the appeal the court held that the denial of the right to consult with a solicitor was a breach of s58 of PACE and of the Code of Practice on Detention and Questioning. As the judge had failed to exclude the confession at the original hearing the conviction for robbery was ordered to be quashed. The appeal court stated that even if the confession was reliable the breach of s58 rendered the confession as unfair. Within the criminal justice system the gaining of evidence illegally is classed as one of the exclusionary rules where evidence is suppressed or defendant’s rights are violated. Bentham (1827) argued that if you ‘exclude evidence you exclude justice’ He further argued that the solution to the problem was not to deprive the jurors of the evidence but to instruct them about the dangers presented by the evidence and allow the jury to decide for themselves whether to believe the evidence presented to them. Bentham stated that it was rather a contradiction for the court to declare their confidence in the decision of the jury whilst at the same time withholding evidence from that jury for fear of them reaching the wrong conclusion. Bentham stated that If there be one business that belongs to a jury more particularly than another, it is, one should think, the judging of the probability of evidence: if they are not fit to be trusted with this, not even with the benefit of the judge’s assistance and advice, what is it they are fit to be trusted with? Better trust them with nothing at all, and do without them altogether Bentham felt that exclusionary rules are â€Å"insults offered by the author of each rule to the understanding of those whose hands are expected to be tied by it.† He stated that relevant evidence should only be excluded when there was a risk of an inaccurate verdict without the use of the evidence. He went on to advocate ‘the abolition of all formal rules and a return to a ‘natural’ system of free proof, based on everyday experience and common-sense reasoning’. In the case of R v Kearley [1992] the House of Lords held that the evidence of telephone calls and visitor’s to the defendant’s house where they were asking for drugs was irrelevant or inadmissible as hearsay evidence. The primary evidence in this case came from two witnesses who had given evidence stating that the defendants were engaged in the sale of heroin. In this case the persons that came to the house or telephoned dealt with the police who were occupying the house at the time. The evidence of those that had rang or had come to the house could only be used as hearsay evidence as there was no way of getting the persons to give direct evidence to the court. Initially the defendant was found guilty but this was overturned on appeal on the grounds that the judge should have directed the jury of the inferences that could be drawn from the evidence. The court stated that the defendants could not be found guilty on the basis of their association with the people who had rang or called at the house. As with criminal law evidence can also be excluded in civil law cases under Civil Procedure Rules 32.1, though such exclusion is rare as the burden of proof in civil cases is significantly less then for criminal trials. Choo (1989) argued that there are three possible rationales for the exclusion of evidence, these being compensation, deterrence and repute. Choo (1993) stated that judicial legitimacy was the most satisfactory basis for the exclusion of evidence. Ashworth (1977) disagreed with this stating that exclusion was on the basis of discipline, reliability and protection. Hunter (1994) agreed with this stating that discipline is similar to deterrence. One of the main reasons for excluding evidence is on the basis of reliability. Where the reliability of the evidence is in question the courts will frequently opt to exclude the evidence from the proceedings. Bentham (1827) suggests that there is no need for total exclusion and that so long as a caution is issued with the presentation of the evidence the jury should be entitled to hear that evidence. Choo (1989) believes that allowing the evidence to be disclosed to the jury when such evidence could be unreliable is an ‘infringement’ of the rights of the defendant. Choo states that such evidence should be excluded if it admission would have such an adverse affect on the fairness of the proceedings that the court ought not to admit it. From the above it can be concluded that the rules regarding the use of illegally obtained evidence are not uniformly applied. In some instances the court will exclude such evidence from the jury whilst in other cases the evidence will be admitted. It is clear from s78 that evidence that has been illegally obtained can still be submitted to the court if it can be proven to be reliable or if an unfair result would be achieved if the evidence where not presented to the court. The courts seem to place emphasis on the notion of fairness as fair play. This is applicable both in deciding whether to allow the evidence to be heard or whether the evidence should be withheld from the jury. BIBLIOGRAPHY Allen, C, Practical Guide to Evidence, 2nd Ed, 2001, Cavendish Publishing Ashworth, A (1977) ‘Excluding Evidence as Protecting Rights’ [1977] Criminal Law Review 723 Ashworth, A and Blake, M The presumption of innocence in English law [1996] Crim LR 306 E Bentham, J, Rationale of Judicial Evidence 15-16 (1827), London Choo, A Mellors, M, ‘Undercover Police Operations and What the Suspect Said (or Didn’t Say), [1995] 2 Web JCLI Choo, A (1989) ‘Improperly obtained evidence: a reconsideration’ 9 Legal Studies 261 Choo, A (1993) Abuse of Process and Judicial Stays of Proceedings (Oxford: Clarendon Press) Elliott, C, Quinn, F, Criminal Law, 3rd Ed, 2000, Pearson Education Glazebrook, P R, Statutes on Criminal Law, 2001, Blackstone’s Hunter, M (1994) ‘Judicial Discretion: Section 78 in Practice’ [1994] Criminal Law Review 558 Huxley, P, O’Connell, M, Statutes on Evidence, 5th Ed, Blackstone’s Murphy, P, Blackstone’s Criminal Practice, 2002, Oxford University Press Smith. J C, The presumption of innocence (1987) NILQ 223 B Stephen, Sir JF, A Digest of the Law of Evidence, 12th Ed, 1936, Art 147

Helmi Flick :: essays research papers

Helmi Flick lives in Bedford, Texas with her husband, Ken, a freelance writer who also does the lighting and cat wrangling for her, plus her 4 cats. Having spent 30 years of her working life in administrative office positions in computers, medicine and law, Flick came to her new career by the route most people only dream of: by turning something she loved to do into a new profession. After years of photographing her own cats and those of friends as a hobby, Helmi was encouraged by her husband Ken to try her hand as a cat show photographer. Helmi got her first assignment from the Thunderkatz Cat Club as the show photographer for their May 2000 T.I.C.A. show in Oklahoma City, Oklahoma, U.S.A. On the basis of her work at that show, the Thunderkatz club asked Helmi to be their "Official Show Photographer in Perpetuity." By March of 2001, Helmi had managed to secure the Show Photographer assignment at 12 shows. Helmi shoots with a digital camera. "Shooting digital images has been a lifesaver for me because cats are not the most cooperative subjects and there are always more throwaway shots than good ones. And because I’m not wasting film, I can afford to shoot far more images of a customer’s cat to get more keepers. Additionally, the "instant" nature of digital photography enables my customers to immediately review the shots I’ve taken and select the ones they like best to be printed. This review process is a tremendous tool for someone like me who is still learning this craft, since I’m able to discover the kinds of shots that owners of different breeds prefer. I guarantee that my customers will be satisfied with their photos and the digital approach is a great asset there, too, because if a customer does not see photos he/she likes in our post-shoot review, I can reshoot their cat on the spot." But getting good shots at the show is only the beginning of delivering great images to her customers. Because Helmi shoots digital images, she has the capability to color correct, crop, retouch and otherwise enhance every photo on her computer back home. "I can’t ignore that capability because I want every shot to be the best image it can be, so I end up spending far more time at my PC screen than behind the camera.† The ability to instantly analyze and digitally retouch her photographs does not change the skill needed to capture beautiful images of her feline subjects.

Toxic Effects of Aluminum and Their Probable Association with Dialysis

Toxic Effects of Aluminum and Their Probable Association with Dialysis Encephalopathy Reports on the neurotoxic properties of Aluminum (Al++), as well as those of many other heavy metals, date as far back as the end of the nineteenth century. In 1965, Al was found to induce the formation of neurofibrillary tangles (NFT) in animal brains. These NFT’s were similar to those found in brains of patients suffering from Alzheimer’s Disease (AD). Vast research thus, was targeted at defining the possible etiologic role of Al in AD. However, several findings, among them the fact that Al++ induced NFT’s are structurally different than those found in AD, have contributed to reducing the importance placed on Al++ as an etiologic factor of AD. The Al++ theory, however, still remains a theory, and further research needs to be done before it can be disproved. In 1970, Alfrey and collaborators described a disease called dialysis encephalopathy (DE). This degenerative disease was seen in renal failure patients who had been undergoing dialysis. Studies following this initial report have implicated Al++ intoxication as a probable cause for the development of the disease. The purpose of this paper will be to describe the possible mechanisms by which Al may in fact act as a contributory factor the in induction of neural degeneration that may lead to DE. The neurological problems associated with chronic renal failure and its consequent treatment, namely hemodialysis, can be either acute or chronic. When acute, the patient develops a set of symptoms collectively referred to as dialysis disequilibrium syndrome (DDS). This syndrome presents with a transient loss or alteration of the sense of equilibrium due to disturbances to the vestibular sy... ...on, G., Cogdill, K., Jope, R. Oral Aluminum Alters In Vitro Protein Phosphorylation and Kinase Activities in Rat Brain. Neurobiology of Aging, 11: 209-16 (1990). 5) Johnson, G., Li, X., Jope, R. Aluminum Increases Agonist Stimulated Cyclic AMP Production in Rat Cerebral Cortical Slices. Journal of Neurochemistry, 53: 258-63 (1989). 6) Kerr, D., Ward, M., Ellis, H., Simpson, W. Aluminum Intoxication in Renal Disease. CIBA-Found-Symposium, 169: 123-41 (1992). 7) Langui, D., Probst, A., Anderton, B. Aluminum Induced Tangles in Cultured Rat Neurons. Acta Neuropathol., 80: 649-55 (1990). 8) Meiri, H., Banin, E., Roll, M., Rousseau, A. Toxic Effects of Aluminum on Nerve Cells and Synaptic Transmission. Progress in Neurobiology, 40: 89-121 (1993). 9) Wisniewski, H., Wen, G. Aluminum and Alzheimer’s Disease. CIBA-Found-Symposium, 169: 142-64 (1992). Toxic Effects of Aluminum and Their Probable Association with Dialysis Toxic Effects of Aluminum and Their Probable Association with Dialysis Encephalopathy Reports on the neurotoxic properties of Aluminum (Al++), as well as those of many other heavy metals, date as far back as the end of the nineteenth century. In 1965, Al was found to induce the formation of neurofibrillary tangles (NFT) in animal brains. These NFT’s were similar to those found in brains of patients suffering from Alzheimer’s Disease (AD). Vast research thus, was targeted at defining the possible etiologic role of Al in AD. However, several findings, among them the fact that Al++ induced NFT’s are structurally different than those found in AD, have contributed to reducing the importance placed on Al++ as an etiologic factor of AD. The Al++ theory, however, still remains a theory, and further research needs to be done before it can be disproved. In 1970, Alfrey and collaborators described a disease called dialysis encephalopathy (DE). This degenerative disease was seen in renal failure patients who had been undergoing dialysis. Studies following this initial report have implicated Al++ intoxication as a probable cause for the development of the disease. The purpose of this paper will be to describe the possible mechanisms by which Al may in fact act as a contributory factor the in induction of neural degeneration that may lead to DE. The neurological problems associated with chronic renal failure and its consequent treatment, namely hemodialysis, can be either acute or chronic. When acute, the patient develops a set of symptoms collectively referred to as dialysis disequilibrium syndrome (DDS). This syndrome presents with a transient loss or alteration of the sense of equilibrium due to disturbances to the vestibular sy... ...on, G., Cogdill, K., Jope, R. Oral Aluminum Alters In Vitro Protein Phosphorylation and Kinase Activities in Rat Brain. Neurobiology of Aging, 11: 209-16 (1990). 5) Johnson, G., Li, X., Jope, R. Aluminum Increases Agonist Stimulated Cyclic AMP Production in Rat Cerebral Cortical Slices. Journal of Neurochemistry, 53: 258-63 (1989). 6) Kerr, D., Ward, M., Ellis, H., Simpson, W. Aluminum Intoxication in Renal Disease. CIBA-Found-Symposium, 169: 123-41 (1992). 7) Langui, D., Probst, A., Anderton, B. Aluminum Induced Tangles in Cultured Rat Neurons. Acta Neuropathol., 80: 649-55 (1990). 8) Meiri, H., Banin, E., Roll, M., Rousseau, A. Toxic Effects of Aluminum on Nerve Cells and Synaptic Transmission. Progress in Neurobiology, 40: 89-121 (1993). 9) Wisniewski, H., Wen, G. Aluminum and Alzheimer’s Disease. CIBA-Found-Symposium, 169: 142-64 (1992).

Insanity is Independence Essay -- Analysis, One Flew Over the Cuckoo’s

Conformity, whether good or bad for society, is never beneficial for the individual. In the late 40’s and 50’s people conformed or they were excluded. One Flew Over the Cuckoo’s Nest is a novel about non-conformists, the people who can’t be the same, and more who didn’t want to be identical. These are the insane ones. The sane ones are the authoritative figures who mentally, physically, and sexually abuse the patients, but they are also the people who decide what is right and healthy for the insane. Ken Kesey demonstrates that those in power become corrupted to argue that the fate of individuals in society should be determined by the persons themselves. Nurse Ratched is propelled by a desire to have complete control over the patients rather than the goal to save the patients and so exacerbates residents in the ward. Her need for control is exemplified by her battle with McMurphy, where her only aim is to quell the rebellion started by the â€Å"intolerable Ward Manipulator† (28). She conceals her true motives under the pretense of the goal of sanity, but her true purpose is to maintain control over all her patients. Doctor Spivy, an expert on mental health, does not receive a share of authority. Even in the group discussion the doctor’s comments are censored. For instance, when he comments on the prospect of a therapeutic carnival in the ward, Miss Ratched dismisses the possibility because it is a topic that â€Å"should be discussed in [the] staff meeting† (109). Nurse Ratched becomes inseparable with her delusion of complete control instead of with her occupational objectives. Her behavior with the pat ients on the ward indicates her feelings toward those in her care. She nods curtly in an â€Å"automatic gesture† only to preser... ...ht [herself] to be a God† (318). This sudden change of heart for both the doctor signifies self-empowerment. Self-empowerment, a rejection of conformity and fostered by McMurphy, gave the former residents of the ward a sense of purpose. Kesey argues for independence and non-conformity. The happiness for the patients came only when they could decide their own destiny. An independent man or woman does not need the advice of the Combine to know what they want in life. So often is the things that are desirable in life are only wanted by a very few. It is tragic that many different people, gays, women, blacks, Asians, have had to wait for the approval of the white men in charge for their own actions. The moral of One Flew Over the Cuckoo’s Nest is that only an individual knows what is right for him or her, so it is up to that person to decide their own fate. Insanity is Independence Essay -- Analysis, One Flew Over the Cuckoo’s Conformity, whether good or bad for society, is never beneficial for the individual. In the late 40’s and 50’s people conformed or they were excluded. One Flew Over the Cuckoo’s Nest is a novel about non-conformists, the people who can’t be the same, and more who didn’t want to be identical. These are the insane ones. The sane ones are the authoritative figures who mentally, physically, and sexually abuse the patients, but they are also the people who decide what is right and healthy for the insane. Ken Kesey demonstrates that those in power become corrupted to argue that the fate of individuals in society should be determined by the persons themselves. Nurse Ratched is propelled by a desire to have complete control over the patients rather than the goal to save the patients and so exacerbates residents in the ward. Her need for control is exemplified by her battle with McMurphy, where her only aim is to quell the rebellion started by the â€Å"intolerable Ward Manipulator† (28). She conceals her true motives under the pretense of the goal of sanity, but her true purpose is to maintain control over all her patients. Doctor Spivy, an expert on mental health, does not receive a share of authority. Even in the group discussion the doctor’s comments are censored. For instance, when he comments on the prospect of a therapeutic carnival in the ward, Miss Ratched dismisses the possibility because it is a topic that â€Å"should be discussed in [the] staff meeting† (109). Nurse Ratched becomes inseparable with her delusion of complete control instead of with her occupational objectives. Her behavior with the pat ients on the ward indicates her feelings toward those in her care. She nods curtly in an â€Å"automatic gesture† only to preser... ...ht [herself] to be a God† (318). This sudden change of heart for both the doctor signifies self-empowerment. Self-empowerment, a rejection of conformity and fostered by McMurphy, gave the former residents of the ward a sense of purpose. Kesey argues for independence and non-conformity. The happiness for the patients came only when they could decide their own destiny. An independent man or woman does not need the advice of the Combine to know what they want in life. So often is the things that are desirable in life are only wanted by a very few. It is tragic that many different people, gays, women, blacks, Asians, have had to wait for the approval of the white men in charge for their own actions. The moral of One Flew Over the Cuckoo’s Nest is that only an individual knows what is right for him or her, so it is up to that person to decide their own fate.

Importance of the On The-Job Training

On-The-Job Training entails significant benefits that could give trainees invaluable assets for achieving gainful employment. The training provides students the opportunity to accurate sufficient knowledge and skills relevant to work habits necessary to become competitive in the labor market. The training also assists individuals in developing professionalism and interpersonal skills necessary for success in the workplace. The trainee would like to express her gratitude to the people who helped her for this training to be possible.She is thankful to the Lord for giving her the strength and good health to finish this training. Next, she wants to express her sincerest gratitude to her family for supporting her financially, emotionally and spiritually. She also would like to gratefully acknowledge the staff of Mindanao State University Procurement Office for giving her some knowledge about their work. And she would like to thank the professors of the Mindanao State University for conduc ting this kind of program that help the students experienced things in the real world.Lastly, she would like to acknowledge her OJT Coordinator, Mr. Ramon V. Descallar for the support that he gave to his trainee.ACKNOWLEDGEMENTFor the successful completion of this report, the student-trainee would like to acknowledge and extend their heartfelt and sincere appreciation to all who helped and have unselfishly shared their precious time, talent, resources and support inspired them and made this endeavor come into reality. Introduction OJT or on-the Job-Training is a form of training taking place in a normal working situation.Training refers to the acquisition of knowledge, skills and competencies as a result of the teaching of vocational or practical skills and knowledge that relate to specific useful competencies, also training has specific goal of improving one’s capability, capacity and performance of a person. Internship or on the job training is one way by which students are given an opportunity to apply the theories and computations that have learned from school.It also helps students to obtain applicable knowledge and skills by performing in actual work setting. Everybody knows that OJT are part of a college curriculum that aims to train and orient students about the work and their future career. OJT is very important not only to teach students their chosen career but to show students the reality about working. of supervision also teaches them how to share what they know and be receptive to questions.

Executive Summary: Compensation and Benefits

Executive Summary: The purpose of this paper is to highlight the best practices followed by HRM and to acknowledge the importance of compensation and benefit strategies used in organizations all around the world. Compensation and Benefits are used by different organisations globally to attract, motivate and retain their employees. This paper contains a case studies, summary and analysis of academic journals and books to understand the latest trends in compensation and benefits field.The three primary components which are used in designing a strategic compensation plan are listed. During the course of the paper, it discusses how the compensation and benefit strategies can be tailor-made for the different generations joining the workforce, and how these strategies are used in the organisations. Further, this paper highlights four different case studies giving the reader insight on the different ways compensation and benefits schemes were used by organisations in different scenarios.In this present day circumstances, with employees having access to all kinds of information regarding salaries, wages and benefits of other companies it is extremely important for any organization to have a fair and an attractive compensation system in place. Introduction: Employees are the most valuable assets of any organization. The main purpose of human resource management (HRM) is to manage the development and performance of people employed in an organization.Some of the significant tasks of HRM comprise of attracting and retaining employees with the right skills and abilities, match people to the right positions within an organization and to align employee’s goals and objectives with that of the organizations. All these key tasks are directly or indirectly affected by compensation and benefits plan which the human resource management decides. Compensation and benefits redefines value and success in any workplace.An efficient compensation and benefits strategy is seen as an opportunity by organisations to differentiate themself from their competitors, who may otherwise take away talented workforce. Hence, organisations need to know the evolving needs of the working population to make sure they offer the most competitive package. This paper adopts a general approach which may be relevant to number of different organizations or industries and discusses how the new generation workforce is making an impact and forcing organizations to change their traditional compensation strategies.This paper also examines how companies located in different sectors and countries look at compensation and benefits aspect of human resource management, to attract and retain their highly qualified staff. Finally the paper summarizes and analyses few articles related to HR practices in compensation and benefits, and see if they fit into organizations seeking best practice. Compensation and benefit strategies for current generation workforce: Compensation is a major driver in t he success of any organization and it is also true that it is one of the highest expenses for an organization.Therefore, compensation is always under heavy scrutiny by the top executives of a company. Compensation is not only carefully analysed by the management, but also analysed by employees and prospective employees. If properly executed, effective compensation design can improve organizational effectiveness, support human capital requirements of the organization, and motivate the employees to achieve key corporate strategic and financial goals (Ellig, B. R. 2007). Effective compensation and benefits strategy is no easy task, especially with the large organizations and ever-changing demands of the workforce.To construct the most attractive compensation and benefits package, organizations must now tackle the fundamental landscape change in workforce requirements and demands. Employees born in the 60s and 70s (generation X) have ceded place to a new generation of workers (generatio n Y). A flexible approach to compensation and benefits is now required to satisfy the different priorities of these generations. ‘Planning for the future’ has long been the motto governing Generation X’s approach to their careers and so, traditionally, a generous pension provision compensation plan has been the key to attracting workers.But for Generation Y, priorities have changed. For instance, in a research conducted last year, just 4% of 16-24 year olds were attracted to their employer because of their pension contribution, compared to 17% of 45-54 year olds (HR magazine, March 2011). Certainly, younger workers are increasingly questioning the customs and traditions of the workplace and now those same pension plans which were previously considered as synonymous with security, are now regarded as unstable.In present day environment, employees have become much more educated on the possibilities available to them with sources like online salary calculators, indu stry chat rooms and so on (Schneider, B. , & Paul, K. B. 2011). Employees now know more about current market pay levels, new opportunities and how to successfully negotiate compensation packages. Keeping these changes in mind organizations include many other noncash components to the potential cash components to come up with a fair, competitive and an attractive compensation program (Schneider, B. & Paul, K. B. 2011). Employee benefits are indirect forms of compensation provided by the organizations to their workforce as part of an employment relationship. The competition for quality employees in today's market is tough and employers must do more than just offer a fair salary to compete for the best employees. Employees also look forward for a good benefits package; in fact employees have grown accustomed to generous benefits programs, and join an organization expecting them.Employee benefits exist in organizations all around the world and the levels and range of these benefits vary between countries. Some of the benefits companies offer can be like company accommodation, company provided vehicles, health insurance, retirement benefits, easy loans, travel benefits, workplace flexibility, work-time flexibility and so on. (SHRM, 2011) Compensation and Benefit strate gies used in organisations: As per Kevin O’Connell, there are three primary components in a strategic compensation plan. First, building a solid foundation for the plan to understand the business strategy is required.Where the company is now and where is it heading to in the future, what are its short term and long term goals. This will provide the necessary information needed to construct a solid framework for the design of a compensation plan. Second, understanding organizational capabilities and how the role of compensation plays a key role to achieve organizational goals is critical. This will provide an excellent understanding of what positions are the most critical to a company's future success and the various compensation options available to motivate employees to achieve this success.Third, aligning compensation with human capital management initiatives will help develop a plan that allows the company to successfully recruit and retain employees (O'Connell, K. 2007). We will see how different organizations have overcome significant business challenges by re-evaluating and strategically designing new compensation plans. By striking the right balance between organizational goals and employee needs, compensation plans can play a major strategic role in the success of a business. Jamba Juice case: Jamba juice was founded in 1990. It is a leader in blended-to-order fruit smoothies and fruit juices. Source: http://www. jambajuice. com/) Since its inception, it found employee retention as a major problem. It was located in San Francisco bay area and therefore the employees had more options with other employers situated there. A lot of these employers were technology bas ed and offered more generous financial benefits than the food retailer. To tackle this problem, Jamba Juice introduced a compensation plan, called ‘J. U. I. C. E plan’ which allows the general manager to receive a percentage of store’s cash flow depending on their business’s final performance. It allows manages a share in the profits over a period of three years.When the general managers increase the year-to-year sales, money accrues in a retention account, which is payable only in three year cycles. This retention account not only provides short term retention benefits, but also incentives to stay with Jamba. Also, executives at managerial positions are offered stock options. And, when assistant managers are promoted, their general managers also receive a cash award of $ 1000 for their development efforts. In a highly competitive industry Jamba was able to successfully reduce turnover. (Mello Jeffrey, 2011) The MAERSK way:MAERSK not only rewards absolute performance but also focuses significantly on performance relative to peers, says Alex Penvern, Global Head of Group Compensation, Rewards and Executive HR. This had not always been the case. Less than five years ago, rewards in the company were characterised by confidential bonuses, awarded with very little transparency. One of Penvern’s first challenges when he joined MAERSK in 2008 was to create a scalable, measurable and quantifiable compensation and benefits structure that was understandable and could, over time, be rolled out uniformly across the organisation (Source: http://www. aersk. com/Pages/default. aspx). He spoke to CEO’s of each business within the group and focused on the executive compensation structure that focussed on relative distribution. During these conversations, he discussed range of different performance criteria, happening in annual sessions which were a part of the performance management cycle. The outcome was a relative performance distribu tion of the company’s most successful and less effective performers. â€Å"The company believes that our people are motivated by this constant striving to do even better†, says Penvern. You can never rest on your laurels or spend too long patting yourself on the back, because you know how hard everyone else is running. We want people who thrive in this atmosphere†. This is brought in practice and reinforced by a carefully considered distribution of rewards to the highest performers. Since the introduction of the pay-for-performance scheme, fewer very high performers are securing a significantly larger share of the bonus on offer. The highest performers receive nearly double the bonus opportunity that they did few years back but to earn that bonus they need to keep up or stay ahead of their peers or market.While Penvern does underline the value the company creates by this performance culture, he believes that the transparency of its bonus system is just as importa nt. The lesson is clear. Company has to build employee engagement and drive performance both by having a clear and transparent compensation scheme that links pay and performance and by communicating this consistently in order to reinforce and reinstate the belief that pay and performance are linked (Bonic, Davies, Brood, etall, 2011) Design and Engineering group in Delaware:A small to medium design and engineering group in Delaware, employs engineers and designers, most of them who are in their 30’s. Most of the employees were the primary wage earners in their families and have several dependents. This company pays wages that are slightly lower than those of its competitors, but it offers a fully paid insurance program that includes health, pharmacy, dental and eye care coverage for employees and their dependents. By meeting the employees benefit needs the company enjoys very low employee turnover (McConnell, J. 2003 Pg. 235). Mississippi garment manufacturer:A garment manufa cturer in Mississippi pays on a piecework basis. Most piecework plans in garments factory in general must guarantee pay equal to at least the legal minimum wage. In this specific company, new employees receive an hourly wage until they have acquired the skills required to meet performance standards. Then the manufacturer pays them on the basis of the number of pieces they produce in an hour. The company has designed its compensation approach to retain good and productive employees i. e. those who are continuous good performers (McConnell, J. 2003 Pg. 232). Conclusion:Compensation whether i the form of salary or benefits is a key element in both attracting and retaining employees. With careful and logical thinking companies should design a program that will significantly contribute to obtaining and retaining the type of employers who perform best for that company. Compensation professionals play a critical role in enabling organizations to execute their business strategy. The example s in this paper demonstrate how organizations have overcome significant business challenges by redesigning their compensation plans as seen in Jamba and MAERSK.We also have seen how a small company like the garment manufacturer in Mississippi use compensation package to retain highly performing people and do away with low performing people. Some companies like the one in Delaware uses non monetary benefits to keep their workforce happy and content. Compensation and benefits have a negative effect on the company if not properly managed. Collapses of big companies like Enron and Global crossing are examples. These are direct results of managerial behaviour aimed at short term profit maximization.That behaviour is in turn a result of the executive pay structure that measure and reward performance based short-term financial results. Managers are under constant pressure to show the expected / desired results the management wants to see in order to continue to be rewarded generously (Stab ile, 2002). Compensation experts need to be at the focal point where strategy, organizational effectiveness and human capital management congregate. They need to have a clear understanding of the business and organizational issues as well as the future direction of the company.Strategic compensation and benefits design is not a sound bite to impress management. It's the process behind compensation plan design that links and binds strategy, organization effectiveness and human capital together. By balancing organizational, employee and business needs with a company's financial and strategic goals it is possible to develop the right compensation strategy to motivate, reward and sustain high levels of performance. By finding this balance, a company can effectively use compensation to execute and achieve desired business results. References: Bonic, Davies, Brood, etall, (2011). Mercer’s 2011 EMEA Compensation and Benefits Conference * Compensation, Retirement and Benefits Trends Report, 2012/2013. (cover story). (2013). Pension Benefits, 22(1), 1-2. * Ellig, B. R. (2007). Fashioning an Employee Benefits Philosophy Statement. Benefits ; Compensation Digest, 44(10), 44-48. * Employee Benefits in the United States–March 2012. (2012). Medical Benefits, 29(23), 4-5. * Heshizer, B. (1994). The Impact of Flexible Benefits Plans on Job Satisfaction, Organizational Commitment and Turnover Intentions.Benefits Quarterly, 10(4), 84-90. * Lazear, E. P. (1990). Pensions and deferred benefits as strategic compensation. Industrial Relations, 29(2), 263. * MELLO, J. A. (2011). COMPENSATION. STRATEGIC MANAGEMENT OF HUMAN RESOURCES  (3rd  ed. , pp. 481-515). * McConnell, J. (2003). The Tangible Rewards of Work: Pay and Benefits. Hunting Heads, 223. * O'Connell, K. (2007). The Importance of Strategically Designed Compensation Plans. Benefits & Compensation Digest, 44(9), 20-25. * Poster, C. , & Scannella, J. (2001). Total Rewards in an iDeal World. Benefits Quarterl y, 17(3), 23-28. Rhines, G. M. , & Douglass, W. (2012). Highly Compensated Executives. Journal of Accountancy, 214(4), 50-55. * Schneider, B. , & Paul, K. B. (2011). IN THE COMPANY WE TRUST. HR Magazine, 56(1), 40-43. * SHRM, (2011). 2011 EMPLOYEE BENEFITS. EXAMINING EMPLOYEE BENEFITS AMONG UNCERTAINITY. * Stabile, S. J. (2002). ENRON, GLOBAL CROSSING, AND BEYOND: IMPLICATIONS FOR WORKERS. St. John's Law Review, 76(4), 815. * Tobias, K. (1991). BENEFITS/COMPENSATION. Journal Of Accountancy, 172(4), 129-132. * Wojcik, J. (2009). Rising to the benefits challenge. Business Insurance, 43(43), 9-12.

Improve own performance in a business environment Essay

1.1 – The purpose and benefits of continuously improving performance at work is important to enhance your career, moving up the organization that you are working in or getting a new job with the new founded skills. Also means that you have great pride in your work and before more efficient. Once you have improved in one thing there will always be something else you can improve on. Having monthly or yearly reviews in your workspace allows you to note down what you are good at and what you need to work on, allowing you to set goals for you to work at. 1.2 – The purpose and benefits of encouraging and accepting feedback from others is important to improve oneself in your work. When you gain feedback from others it enables you to have an outlook on what you are doing correct and what you are doing wrong. If you just go by your own feedback you will never work to your best ability because you wont criticize yourself. Take notice of feedback in all its forms – put all feedback in a curiosity frame: ask yourself how you can use it to avoid failures, or to repeat successes. Feedback can be both formal and informal in nature. For example, formal feedback can be in a meeting and informal feedback can be between colleagues asking how you were or how you did the last assignment. Ignoring feedback means you will just continue to do the same thing in the same way without improving on the way you are doing it. 1.3 – Learning and development can improve your own work, benefit organizations and identify career options by succeeding in workplace training courses, college based courses, private training courses and on the job training, such as shadowing a colleague. These courses may ask for a fee but they are always worth doing. It allows you to learn new skills or try out skills that you have not yet used. Team building exercises are always good if you work alone because it puts you in a different environment, it tests you to see how you would cope. You will gain leadership from these experiences but will also learn how to follow someone other than yourself. This will not only improve your work life but will always show through your work. You will become independent but also know to ask for help or feedback on your work. 1.4 – Possible progression routes for your career would be either moving up in your career for example into management. Or it could be moving to another department you in your work space. This means that you will have to meet new people, use new skills and progress as you would when doing a course. Another progression route would be to change your career completely. You may be doing a job you like but there may always be something you would love to do. Searching on behalf of this dream, you can find courses to do, research how to do it, become an independent company. This will further your career and be useful for future job roles. 1.5 – Possible development opportunities are increasing the skills to do the job at hand or a future job that you are trying to get. Some of the ways to do this are shadowing a colleague, reading articles and journals. Taking notes on new things will help with this. Experience with a new skill, such as meeting new clients. This type of skill you can do at home in front of a mirror or just ask someone to help and let them be the client. The possibilities are endless but being prepared will always be the first thing to remember when you want to develop.