Thursday, October 31, 2019

Role of Women in Shi'a Islam Research Paper Example | Topics and Well Written Essays - 1250 words

Role of Women in Shi'a Islam - Research Paper Example There were two new major Islamic societies that emerged after Muhammad died, the Shi’a and Sunni. These societies are also Islamic in nature. It is difficult to identify a Shi’ite from a Sunni because they are almost the same in practice. More of their differences lie on the interpretation of some passages in the Quran that’s why there are some slight differences in their Islamic traditions (â€Å"The Legitimacy†¦Ã¢â‚¬ ). Quran is the holy book of Islam religion. The Islamic societies strictly follow what is written in the book. Their way of living, principles in life, worship to God and allocation of roles are guided by the book (â€Å"The Legitimacy†¦Ã¢â‚¬ ).Some passages in the book are not literal in nature that’s why there is difficulty in interpretation. This difficulty in interpretation resulted in differences of interpretation between Sunni and Shi’a. One of the differences is the interpretation of the role of women in the soci ety. The role of women in society mostly circles in the marriage. There is a tradition called Mut’a wherein a woman is married to a man for pleasure in a certain agreed time. Also the man pays the woman according to the agreed payment (â€Å"The Legitimacy†¦Ã¢â‚¬ ). This tradition was from one of the passages of Quran. Perceiving this tradition from a 21st century perspective, Islamic women are treated like prostitutes except that there was an actual marriage that happened between the woman and man. Analyzing the tradition of Mut’a, women can be married several times because the marriage is only under a contract. A marriage under contract may or may not be because of love. The main reason of this marriage is said to be for pleasure of the men. Another tradition in Shi’a Islam is the business of marrying a family member’s wife and taking over of the financial responsibilities. Women may be passed down within the family as long as they are not relate d in blood. Most of the time, the dowry plays a big role in marriage (â€Å"The Legitimacy†¦Ã¢â‚¬ ). This kind of tradition shows that women are treated like possessions and not as free people. It is also observable in Islam tradition the marrying of women in an early age. Women are being married right after reaching their puberty. This may range as early as below 10 years old as long as the girl started having puberty. It is being done to maximize the child-bearing capabilities of women for the men. Looking closer to this situation, women in Islamic societies are also treated like goods being taken care of for marriage. Women’s role, as can be viewed from their tradition, primarily concerns the pleasure of their husbands and child-bearing. However, women might not receive the exclusivity of their husbands because men in Islamic societies are polygamous. Also the sons and daughters in the family are primarily owned by the father (Offenhauer 57). The culture of Islam al so indicates the role of women in their society. Women are expected to wear long veils. This is a sign of protecting the purity of women. The men are expected to protect their wives and they are given the rights to limit the actions of their wives especially in public. One example of these is the establishment of partition between men and women (Offenhauer57). This practice shows the domination of men over women. The men being the protector of women imply that women are weaker. This limits the opportunity of women in the society. Another consequence form the early marriage of women in Islam society is

Tuesday, October 29, 2019

Letter of Complaint Assignment Example | Topics and Well Written Essays - 500 words

Letter of Complaint - Assignment Example I was put on hold for more than ten minutes. I waited patiently listening to boring adverts while the attendant at the airport looked on. When a Ms. Ann picked the phone eventually, she sounded disinterested and kept shouting at me to repeat myself. We did not have any constructive communication and I heard her curse rudely as she banged the receiver. I had to make other arrangements in order to book the flight. I have been a customer of the bank for the past seven years and I have never witnessed such inefficiencies. Money is important and any delays such as the one I experienced results in the loss of business. Kindly act on my concern in order to prevent similar occurrences in future. I could be voicing the concerns of several other customers who may not have the time and resources to communicate with you. Among the features of your customer service that I want you to address include the fact that you call system is clumsy making customers wait for as long as twenty minutes or more. Kindly note that money and related transactions are important issues that influence the lives of your customers directly. Five minutes or less is adequate for someone to lose his money to swindlers. It therefore surprised me when I had to wait for close to fifteen minutes just for someone to pick the phone. The other issue is the attitude of your customer relation officers especially those working on the call centers. This was a portrayal of poor attitude and disregard to work ethics because I do not believe that a call center agent can ever behave as she did.

Sunday, October 27, 2019

Mergers and Acquisitions: Indian Banking Consolidation

Mergers and Acquisitions: Indian Banking Consolidation Globally it has been found that the mergers and acquisition have become one of the major ways to corporate restructuring which has also struck the financial services industry which has experienced merger waves leading to the emergence of huge banks and financial institutions. The main reason for mergers is intense competition among the companies in the same industry which put focus on economies of scale, efficiency in cost and profitability. Some other factors leading to the mergers is the too big to fail principle followed by the authorities. In few countries like Germany, weak banks were forcefully merged to avoid the problem financial distress arising out of bad loans and erosion of capital funds. Several academic studies have analyzed merger related gains in banking and these studies have adopted two approaches. The first approach deals with evaluating the long term performance of the merger by analyzing the accounting information such as return on assets, operating costs and eff iciency ratios. A mergers is considered to have led to improved performance if the the change in the accounting based performance is superior to the changes in the performance of the comparable banks that were not involved in the merger activity during that period. Another approach is to analyze the gains in stock price of the bidder and the target company around the announcement of the merger. In this approach the merger is assumed to create value if the combined value of the bidder and target banks increase on the announcement of the merger and the consequent and the stock prices reflect the potential value of the acquiring banks. The objective of this paper is to present a panoramic view of merger trends in India and to ascertain two important perceptions of stake-holders, shareholders and managers and to discuss dilemmas and other issues of this topic of Indian banking. Review of Literature for impact of mergers The two important issues which are examined by various academic studies relating to bank mergers are: impact of mergers on the operating performance and efficiency of the banks Impact of mergers on the market value of the equity of both bidder and the target banks. Cornett and Tehranian (1992) and Spindit and Tarhan (1992) provided evidence for increase in post-merger operating performance. However the studies of Berger and Humphrey (1992), Piloff (1996) and Berger (1997) did not find any evidence in increase in post-merger operating performance. Berger and Humphrey (1994) also reported that most of the studies that examined pre-merger and post-merger financial ratios found no impact on operating cost and profit ratios. The reasons for mixed evidence are: lag between completion of merger process and the realization of benefits of mergers, sample selection and the methods adopted in the financing of mergers. Further, the financial ratios may be misleading indicators of performance because they do not take into account for product mix or input prices. On the other hand researches may also could have confused scale and scope efficiency gains with what is known as X-efficiency gains. Recent studies have explicitly employed frontier X-efficiency met hods to identify the X-efficiency benefits of bank mergers. Few studies have also analyzed the potential benefits and scale economies of mergers. Landerman (2000) explored diversification benefits to be had from banks merging with non banking financial service firms. Simulated mergers of US banks and non-bank financial service firms demonstrated that diversification of banks into insurance business and securities brokerage is optimal for reducing the probability of bankruptcy for bank holding companies. Wheelock and Wilson (2004) found that expected merger activity in US banking industry is positively related to management rating, size of the bank, competitive position and geographical location of banks and is negatively related to market concentration. The second issue determined was the analysis of merger gains in terms of the gains in stock price performance of the bidder and the target banks on announcement of merger. In this case a merger is expected to create value only if the combined value of the bidder and target companies increases after the declaration of the merger. However a lot of studies have failed to find any direct relationship between the merger and the gains in performance or in shareholder wealth. But there are reasons for mixed evidence as a merger announcement also takes in to account the way the deal is financed .If equity offerings are used it may be interpreted as overvaluation by the issuer. Therefore the negative announcements returns to the firms that are bidding can be attributed to the negative signalling which is completely unrelated to the value which is created by the merger. Returns to the bidders companies shareholders is greater when the merger is totally financed with cash than in mergers in whi ch financing is done through equity offering. There is one more problem with this event study analysis as if there is a consolidation wave going on; mergers are anticipated by stockholders and analyst. Potential candidates for the mergers are highlighted and made popular by the financial press and the stock market analysts. In these cases the event study analysis may fail. Therefore an analysis of mergers across the world and a literature review does not provide strong evidence on the benefits gained by banks in the mergers in the banking industry. Also the findings of the literature also contrast with the findings of the consultants who find a considerable cost savings and operational efficiency achieved through mergers. The reasons why academic study do not find cost benefits and the consultants highlight this fact are Consulates may study a potential cost savings which may not materialize They tend to highlight potential cost saving activities and the economist study all the activities. They tend to be biased towards successful cases and ignore the unsuccessful ones. They tend blow up the benefits achieved while the benefits may be miniscule if accounted on a relative terms. The academic studies provide motivation for the examination and evaluation of two important issues pertaining to the mergers and acquisition to the Indian banking. Do mergers help in improving the operational performance and result in cost savings However in India most of the mergers are forced by the central bank in order to protect the interest of the depositors and avoid financial distress therefore the above mentioned reason is rarely found in the mergers activities. Do merger provide abnormal gains and returns to the acquirer and the target banks upon the declaration Consolidation Trends Observed in India Improving the operational performance and cost efficiency has always been a priority in Indian banking sector and has been a major issue of discussions in the policy formulation by the government of India in the consultation and with the central bank (Reserve Bank of India). Several committees have also been formed in order to suggest structural changes to achieve this objective. Some of the major committees formed are Banking Commission, 1972 Chairman R.G Saraiya, 1976 chairman : Manubhai Shah Committee for the functioning of public sector banks, 1978 chairman : James S Raj These committees have suggested the restructuring of the Indian banking system with an objective to improve the process of credit delivery and also suggested the idea of having around 3 to 4 large banks which have a pan India presence and the rest of the bank should be present at the regional level. The major thrust on consolidation started with the Narasimham committee in 1991. It emphasised and embarked upon consolidation and merger in order to make the Indian banks huge in size and also comparable to the global banks. A second Narasimham committe was also formed in 1998 which suggested mergers and consolidation among the strong banks in public as well as private sector and also with other financial institutions, NBFC (Non Banking Financial Companies). Now we will have a look at some of the recent trends in consolidation in Indian banking. Restructuring of weak Indian Banks Amongst other routes government of India has adopted mergers as a means to achieve restructuring of the Indian banking system. Many banks which are small in size and are weak are merged with other banks which are stronger and are larger to protect the interest of the depositors and also to avoid financial distress. These types of mergers can be termed as forced mergers. Hence when a banks shows symptoms of sickness like increasing size of NPAs, reduction in the net worth and substantial decline in capital adequacy ratio, RBI forces moratorium under the section 45(1) of the Banking Regulation act 1949 for a specified period on the activities and the operations of the working of the sick bank. In this period a strong bank is identified and asked to prepare and present a scheme of merger with the weak bank. In this case the acquirer banks takes hold of all the assets of the weak bank and ensures the depositors of their money in case they want to withdraw. The mergers which took place in the pre-reform period fall into this category. In the post reform period 21 mergers have taken place out of which 13 are forced mergers where RBI has intervened. The main reason for these mergers was the protection of the depositors interest and avoids the financial distress. Mergers which took place voluntarily Apart from forced mergers there have been few mergers in which expansion, diversification and growth were the major motives and in which RBI did not intervene or force. The first merger of this kind took place in 1993 when the Times Bank was acquired by HDFC bank which was followed by acquisition of Bank of Madura by the ICICI Bank. The latest of these is merger of Lord Krishnan Bank with Centurion Bank of Punjab. Although in all these deals the target bank suffered with low profitability, Increase in NPA and lack of alternate revenues in order to provide cushion for capital adequacy but these mergers were not forced. There was no regulatory intervention in these mergers however the motives behind these mergers may not necessarily be scale of economies and achieving market power. For instance ICICI bank acquired bank of Russia with a motive of entry in to Russia although it just had one branch. SBI acquired 51% stake in Mauritian Bank through Indian Ocean International Bank which wil l be integrated with the State Bank of Indias International business as a subsidiary. Integration of Financial Services and Achieving Universal Banking Model Several developmental financial institutions have been formed over a period of time in India in order to improve the efficiency of allocation of resources to different segments of the economy. However because of the flexibility given by the RBI to the banks in the credit delivery process the banks have increased and diversified their loan portfolio to various areas such as project finance, long-term loans, and other specialised sector lending. This is the reason why DFIs have become redundant. A working capital group (1998) was appointed by RBI which has recommended the universal model of banking by exploring the possibility of mergers between various sets of financial entities based on economical considerations. Similarly in the private sector ICICI merger with its subsidiary bank and IDBI (industrial Development Bank of India) was incorporates as a public sector bank which acquired private sector bank IDBI bank in 2004. In order to provide integrated financial services and achieve operation efficiencies many public sector banks have acquired their subsidiaries, for instance Andhra Bank acquired its housing finance subsidiary Andhra Bank Housing Finance LTD, Bank of India acquired BOI finance Ltd and BOI Asset Management Company Ltd. Acquisition of similar types took place in the private sector as well. Alignment of Operations of Foreign Banks with Global Trends As the Parent banks went under reconstruction process their parts operating in India also started restructuring. For example, Standard Charted Grindlay bank was formed due to acquisition of ANZ Grindlay by the Standard Charted Bank. Similarly due to acquisition of two Japanese banks like Sakura Bank and Sumitomo Bank Ltd the Indian operations of Sakura Bank were merged with Sumitomo Bank in 2001.Forign banks were permitted to enter into merger and acquisition transaction with any of the private sector bank in India with a condition that the overall investment limit limit will be 74 per cent after the second phase of WTO commitments which commenced in April 2009. This may lead to further consolidation in the Indian banking sector. Merger and Consolidation of Cooperatives, RRBs and UCBs Small banks present in India apart from other banks are co-operative banks, Regional Rural Banks (RRBs) and Urban Co-operative Banks (UCBs). These are formed for fulfilling the credit requirements of agriculture, small traders and SSI and other rural economic activities. All of these institutions are suffering from bad loans, operational inefficiencies, and Poor recovery of loans. This proved to be a barrier for further lending and financial intermediation. A committee formed under Jugdish Capoor suggested voluntary amalgamations or merger of these co-operatives based on various criterias like economies of scale, especially in areas where the operations of these banks have become unviable and there are no more in a position to supply credit to agriculture sector. 28 RRBs were consolidated into 9 new RRBs in September 2005.A high powered committee on Urban Co-operative Banks (1999) recommended that UCBs which are sick should be liquidated in a time bound manner as the operation of lar ge number of financially sick banks is devastating for UCBs and also for the interest of depositors. Due to this more mergers are expected in the future and RBI also has taken a lot of new initiatives for restructuring of banks including the issuance of guidelines in May 2005. Shareholders Perception of Merger As stated above the Indian banking sector has experienced two types of mergers – focussed and voluntary mergers. Forced mergers were initiated by RBI and their main objective was to protect the interest of the depositors and prevent financial distress of the banks. Whenever a bank showed symptoms of sickness like huge NPA levels, erosion of net worth etc, RBI intervened and merged the weak bank with a stronger one by force. Thus we can form a hypothesis that in case of forced mergers the target banks shareholders will gain abnormally with the declaration. The second type of merger is voluntary type where the motivation behind the merger is to achieve cost reduction, increase in size, diversification, strategic entry into a market. In these cases the acquired banks reaped the benefit of branch network and customer clientele of the banks acquired. In these cases both the acquirer bank and the target bank must have had benefit out of the merger. In this paper the mergers between 1993 to 2006 are considered. There were 21 mergers out of which only five were voluntary. These are mainly mergers of private sector banks with other private sector banks. Two cases are conversion of financial institution to commercial bank where the objective was to form a universal bank model which offers a wide range of financial services. Ina study conducted which is presented in this paper six cases of forced mergers were selected for the purpose of analysis as in other cases the target banks were not listed and the size of the banks were much lower than the acquirer banks therefore these cases are of less merit for further analysis. In this study the wealth effects of almost all the banking mergers during the period 1999-2006 is analyzed. The event study analysis used in this analysis is very straight forward and conventional. The merger period consist of four days prior and four days after the event. The reason for taking such window is to analyze the change in wealth of the shareholder around the day of the declaration on the merger. Daily adjusted closing prices of stocks and the market index is taken for the analysis. The abnormal returns are calculated as follows. ARit= Rit – [a + BRm] Here Rit: daily return on firm ‘i on day ‘t Rmt is the return on the bench mark index a and B are the regression parameters. The abnormal return is calculated for both the acquirer and the target firm and the significance of these values are tested by finding standard error and the t-value : Analysis of Research Results In forced mergers case the stockholders of target banks have not achieved any significant returns on the declaration of the merger. However in the case of Nedungadi Bank, the stockholder did gain significant on the 2nd day of the announcement but after that no abnormal returns were found. In the case of GTB the stockholders had deeply discounted the merger. As it was a case of serious case of bank failure the merger did give a confidence to the depositors but the merger declaration did not provide any abnormal returns. United bank did gain marginally on the announcement but it was not significant statistically. Thus the hypothesis that target banks shareholders welcome merger announcement as a safety net can be rejected. The shareholders of the acquirer bank lost their market value of equity. In case of ICICI bank, it was signalled as an emergence of a large private sector bank and hence due to which the banks shareholders expectations go up with significant increase in the returns. In other cases of acquisition the acquirer bank lost on merging with the weak banks. Hence in all the forced mergers neither the acquirer bank nor the target bank gained on declaration of the merger and the stockholders of the acquirer bank lost wealth as the announcement of the merger was taken as a negative signal. It is argued that merger of weak banks with strong ones is essential for restructuring of banking system and also a step in the consolidation of the banking sector. But in almost all the mergers it was found that the target banks for the merger were determined at the time when they were at the verge of getting collapse. The acquirer bank which was forced by RBI was left with no option but to accept the proposed merger. It is recommended that RBI should pursue Prompt corrective action system and should determine the weak banks on the basis of some defined criterias so that the acquirer bank can choose the target banks on the strategic issues which benefit all the parties . Abnormal Returns of Target Banks Abnormal returns of Bidder banks In case of voluntary mergers it can be seen that the target banks have obtained higher returns that the acquirer banks. Both the acquirer and the target banks stockholders benefitted on declaration of the merger. Therefore the stock market welcomed the merger which will lead to growth and efficiency aspects of the merged entity and benefitted the shareholders of both the banks. For instance in the case of acquisition of times banks by HDFC bank it was viewed as a positive signal by the shareholders of both the bank. At the time of the merger the Times Bank was crippled with increasing NPAs and low profitability, the acquisition by the HDFC bank gave relief to the depositors of the Times Bank. On the other hand HDFC bank emerged as the largest private sector bank by gaining from the retail portfolio of the Times Bank. In case of BOM acquisition by the ICIC bank the BOM gained the advantage of being able to provide services like Treasury management, cash management services to its cust omers and ICICI bank increased its size by acquiring BOM and reached the position of large private sector banks in 1999. At the announcement of the merger there was a steep rise in the gains which was reaped by the BOM shareholders however the stockholders of ICIC bank did not get any significant returns. In all the even study analysis revealed that neither the acquirer bank nor the target bank stock holders have perceived any potential gain on the declaration of the mergers. Hence the share holders who are important stakeholders of the banking companies did not consider the mergers as a signal of improving health, economies of scale and the market power of banks. Managers take on the Mergers Managers provide highest priority to the merger of the two public sector banks which provides a signals the banking sectors view on the need for consolidation of public sector banks. Managers do not prefer the merger of bank and NBFCs or financial services entities There are some issues which are needed to be taken care of while proposing a merger of banks according to the managers Valuation of the Loan portfolio of the target bank This is one of the main factor which is needed to be considered at the time of the merger. As in the management of the credit portfolio the accounting and the exposure norms suggested by the RBI are the same which helps in figuring out the book value of loans easily. However Indian banks have adopted divergent practices in rating the borrowers, loan pricing and maintenance of collateral securities therefore a detailed audit of the loan portfolio, cash flow generation and collaterals is very essential in order to get an opinion on the value of the loan portfolio of the target bank. Valuation of Intangible assets The valuation of the assets of the banks is a very critical factor for the success of any merger or consolidation. The tangible assets of the bank are loans, investment part apart from other fixed assets like buildings, ATMs and the IT infrastructure the bank owns. A commercial bank also holds a lot of intangible assets like clientele based on core deposits, safety value contracts, computer softwares, human resources, brands and goodwill. Determining the inherent strength of the bank based on the valuation of the intangible assets is also very important. Determination of the value of equity Determining the value of the target banks assets, liabilities and valuation of its equity value is the major aspect of a merger process. Various approaches can be used like dividend discount model, cash flow to equity model and excess return model. However banks have totally different operations than a normal manufacturing firm as they are highly leveraged because they have more than 90% of the resources as borrowed or as debt and banks are highly regulated institutions and regulatory instruction have vast implication in asset and income recognition. Interest rates volatility, regulatory capital adequacy ratios and restriction on dividend pay put ratios also have influence on the earnings of the banks. Human Resource Issues It is the most complicated issue in the merger process.HR issues like the service condition, strategy for rewarding people, employee relation, benefit plans and compensation, provision of pension, law suits and the trade union actions are very critical for the viability of the merger and the deal to go through. Cultural Issues This is also a critical issue in the pre-merger and post merger period. It is central to an organizational environment and recognizing cultural friction is very difficult as it results in various problems such as poor productivity, riff in the top management, increase in the turnover rates, delays in the integration process and failures in realizing the projected synergies. Information Technology platform integration In todays banking banks are highly dependent on the information technology. It has become a key strategic issue due to the impact it has on the operation of the bank. A significant portion of the synergy depends on the information technology integration. Divergent IT platforms and software systems have proven to be major constraints in the consolidation. Customer Retention Customers also major stakeholders of banks and are needed to be communicated properly about the merger and the customers of the target bank should be attended with utmost care. Various studies have shown that firms borrowing from target banks are very likely to lose their relationship with the bank on its merger.

Friday, October 25, 2019

Cereal:The Manufacturing Industry :: essays research papers fc

Cereal: The Manufacturing Industry   Ã‚  Ã‚  Ã‚  Ã‚  Everyday, more than eighty million Americans have some type of cereal for breakfast. Cereal is one of the most popular breakfast foods and some brand is found in almost every home in America (Topher). This vast industry stems from the late 1800s when John Harvey Kellogg and C. W. Post began cereal production in Battle Creek, Michigan (Topher). Today, numerous types and varieties of cereal line the grocery store shelves. However, only a few select companies make every one of those different kinds of cereal.   Ã‚  Ã‚  Ã‚  Ã‚  There are four different categories into which economists classify industries. These categories are perfect competition, monopolistic competition, oligopoly, and monopoly. Each of these four categories has its own unique characteristics. Perfect competition has an unlimited number of firms, while a monopoly has one single firm, and an oligopoly consists of a small number of interdependent firms. The demand curve of an oligopoly depends on how firms choose to deal with their interdependence with the other firms in the industry. A firm within an oligopoly market can choose to cooperate with other firms in the industry, which is illegal, or the firm can choose to compete against the other firms. An oligopoly produces either differentiated products or homogenous products. In an oligopolistic market, entry barriers, which prohibit new firms from entering the industry, are present. Examples of entry barriers include patents, brand loyalty and trademarks. Long-run econom ic profits are possible for an oligopoly, and non-price competition is a significant way to compete with other firms in the same market. Most of the non-price competition in an oligopoly comes from product differentiation. The cereal manufacturing industry is an oligopolistic market because it exhibits many of these traits.   Ã‚  Ã‚  Ã‚  Ã‚  An oligopoly consists of a small number of interdependent firms. The cereal manufacturing industry consists of four different firms that control almost all of the market. These companies are Quaker Oats, Kellogg, Kraft Foods, and General Mills (Lazich 68). In 2001, General Mills and Kellogg led the industry with a market share of 32.2 and 30.7 percent, respectively (68). Kraft Foods had a market share of 16.3 percent and Quaker Oats had a market share of 19.0 percent (68). The remaining 11.8 percent of the market share was held by other firms (68). In 2002, Kellogg took the lead with 32.7 percent followed by General Mills with a 31.8 percent market share (Reyes).   Ã‚  Ã‚  Ã‚  Ã‚  An oligopoly consists of either differentiated or homogenous products.

Thursday, October 24, 2019

Death Penalty Research Paper Essay

I. Introduction The death penalty in the United States is a constant source of controversy. Efforts to abolish capital punishment in America date back to over 100 years and continue to expand in present-day. In addition, all 50 states vary in their retention and application of the death penalty. Currently, the death penalty is legal in 32 states, the distribution of the actual executions however, is quite wide. The five states with the highest number of executions performed account for approximately 65% of the total executions in the country since the US Supreme Court re-affirmed and reinstated the death penalty in 1976. The state of Texas alone is responsible for almost 37% of the country’s executions. In contrast, 14 states have executed five or fewer prisoners since 1976. II. History Since the earliest societies, capital punishment has been used as a method of crime deterrence. Historical archives show that the even the most primitives tribes utilized methods of punishing culprits that often included taking their lives in order to pay for the crimes they committed. Murder most often warranted this ultimate form of punishment. As tribal societies formed social classes and man-kind developed its own self-governed republics, capital punishment became a usual response to a variety of crimes, such as sexual assault, military offenses and treason. Written rules were created to alert the people of the penalties that could face them should they participate in any wrongdoing. One of the earliest written documents observed that supported the death penalty was the Code of Hammurabi, written on stone tablets around 1760 BC. The code contained approximately 282 laws that were proposed by the Babylonian King Hammurabi and included the theory of an â€Å"eye for an eye.† Several other ancient documents were also supportive of the death penalty; these included the Christian Old Testament, the Jewish Torah, and the writing of Athenian legislator Draco, who was a proponent of capital punishment for a large number of offenses in Ancient Greece. The earliest forms of the death penalty were intended to be painful, slow and torturous. Some ancient cultures employed methods of crucifixion, stoning, and being burned at the stake among others. Later civilizations found these methods to be cruel, unusual forms of punishment and thus opted for more humane practices. During the 18th and 19th centuries, legislators found less painful and faster  approaches to execution, which included beheading by the guillotine and hanging. These practices were typically large public spectacles and were not any less bloody or violent but death was almost always instantaneous, so they were perceived as being more compassionate. III. In the United States Capital Punishment in the United States dates back to the founding of the original colonies, and was used for a variety of crimes such as burglary, treason, counterfeiting and murder. During the American Revolution, legislators in the United States began to examine and revise policies behind the death penalty. In 1971, the constitution was amended to prohibit any form of punishment deemed â€Å"cruel and unusual.† Although the amendment did not intend to ban capital punishment, it did start a movement towards performing more human executions. Currently, 32 states in the US allow the death penalty, although the greatest number of death row inmates and actual executions occur in only a few of those. California is the state with the largest death row population of 625 inmates, but they do not perform executions frequently. In fact, in the last three years, only two people have been put to death. In contrast is Texas, while also having a large number of offenders on death row (453 ), Texas follows through with executions, executing more people each year than any other state. Their executions constitute 46% of all executions performed in the year 2002. IV. Eligibility Eligibility for the death penalty and determining what criteria qualifies a crime for the death penalty varies by jurisdictions. No† automatic† sentence exists for any crime. The death penalty is assigned to crimes that contain aggravating factors, and are â€Å"monstrous or horrific† in nature. Examples of aggravating factors include intentional, premeditated murder, and murder that results from the commission of certain violent felonies such as robbery, rape, kidnapping, burglary and arson, even if the death results as an accident. These vary by state and in some the list of aggravating factors is lengthy and not well defined which can mean a lot of crimes can potentially be classified as â€Å"capital.† Prosecutors of the jurisdiction in which the crime has occurred make the decision of whether to seek the death penalty in each case. Critics allege that prosecutors are influenced to  consider factors when seeking the death penalty that should not be rel evant, such as the race of the victim and offender, for example. Community and public outrage as well as media attention can also impact the process of seeking the death penalty. (Marcus, 2007) V. Trials Trials for death penalty cases differ from other trials in that they are more intensive, expensive and much more complicated, after all, the outcome could end or spare someone’s life. They attract wide-spread and sometimes sensational media attention that can become distracting and unfavorable for the defendant as well as the other parties involved in the case. Political and public pressure is placed on the judge and prosecutors to secure a conviction and death sentence. Defense lawyers too face a great deal of pressure to save their client’s lives. Another aspect of capital case trials that sets them apart from regular cases is the selection of the jury. Potential jurors in capital cases must undergo a somewhat extensive process before being qualified to participate. The most important criteria they must meet however revolve around the individuals personal views on the death penalty. Qualified jurors must be in support of capital punishment and willing to impose it, th ose that cannot abide by that requirement are excused from jury service. Capital trials are separated into two sections, in the first only evidence and defenses are heard, this is referred to as the guilt phase. At the close of the guilt phase while the jury does not yet deliberate about a sentence, they do however decide to convict or acquit the defendant. Should the defendant be convicted, the penalty phase of the trial begins, during this phase the jury hears arguments and evidence concerning sentencing options. At this time, prosecutors will argue for a death sentence and must present aggravating factors associated with the crime. They will also attempt to stir the jury away from feelings of sympathy for the defendant, by stating past criminal charges or lack of remorse about the crime. In contrast, defense lawyers will argue against the death penalty, trying to persuade the jury to sentence their clients to life imprisonment instead. To do this, defense attorneys introduce mitigating factors such as the defendant’s age, absence of a criminal record, relationships with family members, and  character. In some cases, they may use evidence that could facilitate understanding of why the defendant committed the crime, some examples being mental illness, abuse or neglect as a child, etc. Sometimes family and friends of the defendant can testify for them, this is also permitted for families of the victim, which often take this time to speak about their loss and state their preference for a life or death sentence. After all evidence has been presented and following any testimonies, the jury is excused to deliberate once more, this time deciding on a sentence. VI. Appeals The idea of â€Å"swift justice† is thought to be lost in capital punishment cases. Usually, it takes several years from the time a person is convicted of a crime to the actual execution. One of the aspects of death penalty cases that make them so extensive is the appeals process. Generally, following conviction, a defendant has the right to an automatic or â€Å"direct† appeal to the state appellate court. Courts are required by law to look at these cases. Evidence presented in a direct appeal is very limited, typically dealing with whether objections were sustained or overruled correctly. Within a year of the direct appeal, death row inmates must file again in order to secure their rights, failure to do so would mean the defendant has chosen to waive their appeals. Incompetency on the part of an attorney or lack of one has resulted in many death row defendants missing appeal deadlines, while some may not even be aware of this procedural right. There is no second oppor tunity to file for an appeal once the deadline has been missed, regardless of the circumstances. The next step in the appeals process is referred to as state post-conviction. The defendant will use this appeal to present any state constitutional claims and any evidence to challenge their conviction. Some of the more prevalent claims made in post-conviction appeals include improper and unprofessional conduct on behalf of the police or prosecution, race discrimination, mishandling or inconsideration of pertinent evidence and inadequate representation on behalf of the defense attorney. Evidence that has been newly discovered or was not available at the time of trial is admissible during this phase of the appeals process. Post-conviction relief is not easy to obtain, an in-depth investigation of the case and all  evidence from the trial must be conducted by the defense lawyers. This can be expensive, time consuming and for the many inexperienced and poorly-resourced lawyers that represent these types of inmates, it becomes a challenging task. The inability of the defense counsel to provide sufficient mitigating factors and thoroughly investigate a case is the most prevailing failure observed in capital punishment cases. While it is true that many defendants receive inadequate representation, it is very difficult to obtain relief based on ineffective legal assistance. If the court determines that the defendant would have been convicted and sentenced to death regardless of poor legal representation, then there is no entitlement to relief. Should a death row inmate be denied relief in post-state conviction, he can proceed with a final appeal which is now handled by Federal courts, this is referred to as federal habeas. When a defendant has exhausted all appeals, the last option is to ask for clemency from the governor or President, depending on if it is a state or federal death penalty case. Clemency has been known to only be granted in extraordinary cases and is becoming more and more uncommon. (capitalpunishmentincontext.o rg) VII. Methods 1. Lethal Injection Today, all of the states that have the death penalty employ the lethal-injection. Oklahoma became the first state to adopt this method of execution in 1977, with the first person being executed by lethal injection being Charles Brooks 5 years later in 1977. (deathpenaltyinfo.org) In preparation, the inmate to be executed is permitted a shower, a change of clothing and a final meal of their choice. At the time of the execution, the prisoner is taken to the execution room and where two IV tubes are inserted into his arms, following, a harmless saline solution is started immediately. Then, when the prison warden gives signal, a curtain is raised exposing the inmate to witnesses in an adjoining room. At this time the prison is allowed his final statement. At the conclusion of the inmate’s last words, the execution begins with the drugs being administered as follows: Sodium thiopental: This drug, also known as Pentathol is a barbiturate used as a surgical anesthetic. In surgery, a dose of up to 150mg is used. In execution, up to 5,000 mg are used. This is a lethal dose. From this point on if the prisoner is still alive, he should feel nothing. Pancuronium bromide: Also known as Pavulon, this is a muscle relaxant given in a strong  enough dose to paralyse the diaphragm and lungs. This drug takes effect in 1-3 minutes. A normal medical dose is 40 – 100mcg per kilogram; the dose delivered in an execution is up to 100mg. Potassium chloride: This is a toxic agent which induces cardiac arrest. Not all states use this as the first two drugs are sufficient to bring about death. Saline solution is used to flush the IV between each dose. A minute or two after the final dose is administered, a doctor declares the prisoner dead. The body is then sent to the coroner for verification, an autopsy is sometimes performed. Finally, the body is released to family for burial. 2. Electric Chair The electric chair was an invention by Harold P. Brown who was an employee of Thomas Edison, the sole purpose was to investigate the uses of electricity in executions. The chair was first adopted in 1889 and the first execution took place in 1890 in New York. In execution by electric chair, the prisoner is strapped to the chair with metal straps and a wet sponge is placed in his head to aid conductivity. Electrodes are placed on the head and legs to create a closed circuit. Depending on the physical state of the prisoner, two currents of varying level and duration are applied. This is generally 2,000 volts for 15 seconds for the first current to cause unconsciousness and to stop the heart. The second current is usually lowered to 8 amps. The current will normally cause severe damage to internal organs and the body can heat up to 138  °F While unconsciousness should occur within the first second or two, there have been occasions where it has taken much longer, leading people to highly oppose this method of execution. Clean up post-execution is unpleasant, skin has been found melted on the electrodes and the person can lose control of bodily functions, burning of the skin occurs often. 3. Firing Squad Many consider the firing squad to be the most honorable method of execution. The carrying out of firing squad executions can vary, but generally the inmate is blindfolded and restrained. A group of men then fire a single  bullet into the heart of the condemned. In some cases, one of the shooters is given a blank in order to feel less guilt afterwards. However, none of the shooters know who holds the blank, or if any of them do. Currently in the US, only two states are permitted performing of executions using this method: Idaho and Oklahoma. 4. Gas Chamber The gas chamber as a method of execution has been used in a considerable number of cases. It was first made popular from its use in German prison camps during World War II where it was used to execute millions in one of the worst genocide cases of the 20th century. Although five states in the US still allow its use, death row inmates in all of those states are given the option to choose the lethal injection instead. In gas chamber executions, the executioner prepares the chamber by placing potassium cyanide pellets into a small compartment beneath the execution chair. The prisoner is then brought in and secured to the chair. The chamber is sealed and the executioner pours a quantity of concentrated sulfuric acid (H2SO4) through a tube which leads to a holding compartment in the chair. The curtains are drawn back for witnesses to see the execution and the prisoner is asked to make his last statement. After the last statement, a level is thrown by the executioner and the acid mixes with the cyanide pellets generating lethal hydrogen cyanide (HCN) gas. The prisoners will generally have been told to take deep breaths in order to speed up unconsciousness, but in most cases they hold their breath. Death from hydrogen cyanide is painful and unpleasant. (aclu.org); (clarkprosecutor.org) VIII. Deterrence In American society, deterrence has always served as a justification for support of the death penalty. Numerous studies conducted have failed to indicate a conclusive deterrence effect. For ex, if the death penalty was truly a crime deterrent, then the states that do not have the death penalty would be expected to have higher murder rates. However, it is just the opposite, states that do not employ the death penalty show consistently lower murder rates. In addition, the United States significantly higher murder rates than European countries who do not allow the death penalty. (Fagan) IX. Conclusion Overpowering evidence leads to the conclusion that the death penalty system in the United States is broken and undeniably flawed. Incompetency in representation, racial prejudice, inadequate funding and human mistake all contribute to a dark reality of the death penalty that is wrongful convictions and inequity. In a system teeming with error, the risk of executing the innocent is authentic. Reform in our death penalty process and procedures is necessary and urgent. It is our provocation to work towards a systematic change that will guarantee fairness and equal access to justice, due process for all persons facing the death penalty. References 1. http://www.deathpenaltyinfo.org/ 2. https://www.aclu.org/capital-punishment/execution-methods 3. Paul Marcus, 2007. William & Mary Law School. Capital Punishment in the United States, and Beyond. http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1068&context=facpubs 4. http://www.capitalpunishmentincontext.org/resources/dpappealsprocess 5. Jeffrey A. Fagan. Columbia Law School. Capital Punishment: Deterrence Effects and Capital Costs. http://www.law.columbia.edu/law_school/communications/reports/summer06/capitalpunish

Wednesday, October 23, 2019

How a Virus Finds a Host Essay

Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   AIDS and the bird flu have raised concerns about virus attacks in the public eye. Infectious transfer of virus also very often causes the common cold. We are able to tolerate or overcome the vast majority of viruses, but some of them succeed in causing us to fall ill, even to the point of death. Not everyone responds to a virus epidemic in the same way: some overpower the pathogen, while others succumb. A fundamental understanding of the nature of a virus can solve these apparent paradoxes; its mechanism of taking shelter in living tissue is also relevant. It is worth noting at the outset that viruses search for all forms of plants and animals as hosts. Each type of virus has a particular preference of host. A virus is versatile and can change form with ease. Basic genetic structures and systems   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A virus is a kind of bridge between a form of life and an inanimate object. All living things are made from permutations and combinations of four nucleic acids, adenine, cytosine, thymine, and guanine. Sequences of nucleic acids form genes. Genes are in turn banded together, to form chromosomes. The nucleic acids are joined together by ribose sugars. The latter has one molecule of sugar absent. The structure is entwined in the form of double helix coils inside the nucleus of each living cells. The latter are grouped together in higher forms of life to form tissues and organs. The nucleic acid structure inside each nucleus is called Deoxyribonucleic acid or DNA.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   DNA is used by life forms to produce Ribonucleic acids or RNA. RNA has ribose sugar with the oxygen molecule missing in DNA. RNA has just one strand of nucleic acids, as opposed to two in DNA. RNA has uracil instead of thymine. RNA moves out from the nucleus to the cytoplasm of living cells. RNA is used to produce proteins, which act as the materials of life forms. DNA and RNA physiology is at the heart of all life. It is a common system from unicellular life forms to human beings. Protein production by RNA and RNA production by DNA is the chemical basis of life. This is a process, which continues without ceasing from conception to death. Insidious nature   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   We are now ready to look at the nature and structure of a virus. A virus has a structure similar to RNA (Lewin, 744). However, the host DNA does not produce it. It also differs from RNA in that it may have a protective membrane made of protein. A virus is a kind of imposter. It finds a way inside a cell and abuses the host’s DNA to produce proteins of its own. Since a virus has no DNA, it does not qualify as a life form in the strict sense. However, as it able to use host DNA to produce protein, and since it has the ability to replicate, it shares an essential property of living things.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The fine distinction between a virus and a living cell with a nucleus could remain in the academic domain, were it not for the deleterious ability of a virus to threaten well-being and indeed life itself. A mitigating factor is that a virus cannot survive on its own: it must take shelter within the nucleus of a living cell, and is entirely dependant on the host DNA. Cat and mouse   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Higher forms of life, such as human beings, do not surrender to virus attack without a fight, and they most often win. A virus enters a host through the medium of foreign living tissue. Bodily discharges such as sputum, blood, semen, and mucus are the most common agents of viral transfer between one living body and another. Transmission is routine if two members of a species are involved. A virus may occasionally adapt from one genus, even an order, or a phylum to another. Thus, an avian virus can infect a mammal, even a human. It can jump from one bird to another almost inevitably. Viruses know that they cannot always hope to find a host of the same species in which they currently reside (Watson et all, 1016). A virus is always on the search of a new host for its use of the present host’s DNA can be fatal for that host. The virus will have no use for a dead host, and must hence find a new life to infect. It has developed a great adaptive capability, and can adjust to the DNA of a new host, which may be an entirely different form of life in which it has existed before. A bird flu virus in a chicken would like a healthy chicken in which it can spread. Should other chickens be scarce, it will try to infect some other bird it can find. It will settle for a human if it can find no bird or other animal. It is worth repeating that the bird flu virus can move from one bird to another bird or from one bird to a human, only through oral or nasal of anal discharge from the infected and original host. Should the latter be isolated, then the virus is doomed to extinction with the death of its host. Infection is essential for viral transfer.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Animal bodies, especially human beings have powerful and sophisticated systems to combat invading viruses. Should a human being touch and ingest some discharge from an infected host, the virus will gain physical entry, but the body, which it has entered, will not take things lying down. Defense systems in humans and other animals are equipped to detect that a rogue pretending to be RNA has entered the body and is trying to cheat the DNA to produce proteins for its own use.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A virus tries to read the nucleic acid sequence in the DNA of any host that it finds. It then attempts to produce proteins of its own need and choice from the DNA it encounters (Heritage, Evans and Killington, 122). We should bear in mind that a virus is essentially an imposter in the garb of RNA. It tries to adjust its RNA sequence in a manner such that the host DNA cannot see through the disguise.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Higher forms of animal life have defense cells in blood. Soldier cells try to capture foreign virus-loaded tissue as soon as it enters the host. These cells are called macrophages and they contain most invasions by literally swallowing the foreign bodies. This mechanism is not necessarily comprehensive, and some particles of the foreign bodies may escape the macrophage confrontation. The sub-microscopic size of a virus means that a few members of an infectious source may escape the host body’s attention. Virus is then free to enter living cells of the host and start interaction with the DNA. The virus can tell instantly that it now has a different DNA structure. It starts studying the new nucleic acid sequence and sees it can replicate in the changed circumstances.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It is now time for the lymphocytes in the host blood to take charge (Despopoulos and Silbernagl, 68)   Lymphocytes are of two kinds, B and T. The latter specialize in fighting viruses. They recognize the production of unusual proteins, and detect the viral infection of cells. T lymphocytes kill cells infected by a virus, in a bid to contain the infection. T lymphocytes are produced in the thymus. Healthy individuals have immense capacity for defense and can ward off a majority of virus attacks. A compromise often prevails with the T lymphocytes winning the fight against a virus, though it is unable to destroy all traces of the virus in the host. Such a host then functions as a carrier, living with a low intensity of virus attack without external symptoms of any medical condition. A carrier can infect another individual who may succumb to the virus if its T lymphocyte system does not function well. Cancers of the lymphatic system and malnutrition are the primary reason for a host’s T lymphocytes to fail in protecting a host from virus attack.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   We must bear in mind, for the question that has prompted this document, that a virus does not have the luxury of choosing a host. It will take any available living cell and try to adjust to the DNA sequence it finds. Nature favors the host: the virus will generally fail to break the code, or will perish with the host cell whose code it has broken. Immunity   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Though anti-retroviral therapy has now entered the realm of reality, nature provides hosts with the capability to recognize a virus and the will to destroy cells infected by viruses. Nature balances such powers by making viruses highly adaptable. They can quickly change their own sequences of acids in bids to escape detection and to survive. Viruses will also settle for sub-clinical situations in which they are able to survive without killing the host on which it depends.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It follows that immunity is a key to fighting viruses. Higher forms of life are equipped with innate capabilities to fight viruses to the extent that the species can thrive, though some proportion of every population falls prey. Hygiene and balanced nutrition are the only things that most life forms need to defeat thieving viruses. Works Cited Despopoulos, A and Silbernagl, S, Color Atlas of Physiology, Georg Thieme Verlag Stuttgart, 1991 Heritage, J. G. V. Evans, and R. A. Killington, Introductory Microbiology, Cambridge University Press, 1996 Lewin, B, Genes, Oxford University Press, 1997 Watson, J. D. Nancy H. Hopkins, Jeffrey W. Roberts. Joan A. Steitz and Alan M. Weiner, Molecular Biology of the Gene, The Benjamin/Cummings Publishing Company, Inc. (1998) Â