Logistics and Supply Chain Management - Free Essay Example

Sample details Pages: 8 Words: 2320 Downloads: 5 Date added: 2017/09/15 Category Advertising Essay Did you like this example? Executive Summary In today’s rapidly changing business environment, ever-greater demands are being placed on business on every industry, such as to provide products and services quicker, with greater added value, to the correct location, with no relevant inventory position, etc. However, customers are more sophisticated by wanting more quality, design, innovation, choice, convenience and service, and they want to spend less money, effort, time and risk. Hence, every business has to deal with highly competitive situation in order to survive; Supply Chain Management (SCM) becoming the main topic for improving efficiency and satisfy customer’s need. The supply chain of a company consists of different departments, ranging from procurement of materials to customer service. Supply chain management means transforming a company’s â€Å"supply chain† into an optimally efficient, customer-satisfying process, where the effectively of the whole supply chain is more important than the effectiveness of each individual department. Don’t waste time! Our writers will create an original "Logistics and Supply Chain Management" essay for you Create order Cost involved in the Supply Chain operation and process can be significant influencing the satisfaction of customers and the whole chain efficiency. The following assignment I will be focus on the total cost concept in operating supply chains of my selected firm. Introduction Every business organization needs to delivers products to its customers. Traditionally we would have described these products as either goods or services. Then manufacturers like Sony makes electronic products or Toyota makes cars these kinds of tangible goods, while the Vodafone makes mobile or Internet service provide the intangible services. In reality, this view is rather uncertainly, some products are really a complex package that contains both goods and services. The organization that I have chosen is one of the largest computer manufacture and IT consulting company that contains both goods and services. The IBM Company. IBM is one of the world large computers and IT service provider company, it provide the computer system and almost all industry information technology service and IT related solutions for its customers. Behind their integrated management of the company, its supply chain management have involve much effort on improvement in order to be successful, the management processes start from Procurement, product lifecycle management, supply chain enterprise application, operation, planning, strategy, visibility, complex supply chain optimization, logistics business transformation to IBM asset management solutions. Logistics and Supply Chain Management Total Cost Concept Total Supply Chain Management Cost is considered to be one of the most difficult measurable costs in business management, which is defined as the fixed and operational costs associated with the source, plan, strategy and delivery within the supply chain processes. It is a cost takes into account of procurement, order management, inventory carrying, planning or finance and information technology costs. From the Supply Chain Council’s Operations Reference by Scott Stevens stated, â€Å"It is estimated that reducing the cost of your supply chain by 1 percent can be the equivalent of increasing revenues from 4 to 12 percent. It tells the cost reduce from supply chain can make a significant large profit of company. Supply chain operations provide organizations with the ability to recognize operational improvements across many areas of their value chain. IBM comprehensive supply chain management address every phase of the supply chain, from design to source to plan to build to dist ribute. It has one of the broadest portfolios of alliances with leading and emerging supply chain vendors, such as SAP, Dassault Systems and i2 Technologies. As a single source for supply chain management, IBM Supply Chain Management Services can help you address the full supply chain spectrum and help move companies from a lagging to a leading position in their industry Procurement IBM Procurement focuses on those business pressures that are driving companies to improve the effectiveness of their procurement operations to achieve better advantaged pricing, greater efficiency, tighter control of spending and improved service levels. This service area leverage IBMs strength and experience in procurement to enable IBM’s clients to better manage their enterprise spend. The IBM supply chain management services comprise a full range of procurement offerings, including: 1. ) Procurement strategy and opportunity assessment – Centralize the strategic sourcing and enable association such as spend analysis, process re-design and governance and compliance. Its deliver assignments focused on: -Procurement strategy -Opportunity assessment -Accelerated sourcing -Process reengineering -Strategic sourcing -Supplier relationship management 2. Strategic sourcing – Analysis and prioritization of key commodities for: Aggregation of spend and contract leverage to identify optimal spend strategy Implementation of governance and controls to realize the identified savings 3. ) Application implementation – For e-procurement and return on investment or benefits realization: -Package selection -Software integra tion -Content management -Supplier management It is also an integration partner for Ariba, SAP, Oracle, i2 and Perfect Commerce. 4. ) Managed solutions -Procurement business transformation outsourcing -Packaged services and technology for procurement services 5. IBM Leveraged Procurement Services – This is part of an important category of services that offers the delivery of standardized business processes, applications and infrastructure over the network via an e-business on demand environment. IBM Leveraged Procurement Services is designed to provide an affordable solution with low risk and minimal investment for managing indirect spend. This offering combines the best of Process, Hardware, Software, Integration and hosting services, Advantaged pricing from pre-established supplier relationships and Financing all into a single end package that can be adjusting scale and customize. Product lifecycle management Product Lifecycle Management (PLM) enables collaboration for innovation whether for industrial companies such as aerospace, auto or electronics or for medical devices, consumer products, and food and beverage. Product design collaboration applies to both customers and suppliers. It is also across functional boundaries with a company, such as marketing, sales, product design and after sales services. Every organization can also make cost reduction, accelerate time-to-market, and help improve new product introduction success with IBMs PLM services. PLM combines software, services and consulting to enable the integration of a companys product content across business functions and processes. The PLM solution manages the development and support of complex products and services throughout the entire lifecycle, from product design to product build to post-sale service. Product lifecycle management services that offer transformation services to assist companies in: -Market planning -Product development pipeline management -Product portfolio management -Product change management -Component/platform/asset commonality The techniques used with PLM transformation services include effective engineering and procurement integration, product development process re-engineering, and digital engineering best practices. PLM is an integral part of the depth and breadth of IBM Supply Chain Consulting and Systems Integration Services which helping clients realize significant benefits. It has more than twenty years of PLM experience with a comprehensive offering portfolio of end-to-end solutions including services, hardware and software. IBMs own research and development experience is made available to their clients. With over 3,000 researchers around the world to provide first-of-a-kind solutions delivered to clients. There is considerable added value for their customers on IBM PLM Services by the PLM Software Solution Provider and their customer work together. This includes deep PLM process and industry knowledge from IBM and PLM independent software vendors (ISVs) added to customer knowledge and experience base, accelerated deployment and solutions implementation with best practices adapted to client company and products, and reduced project risk. Supply chain enterprise applications Supply chain enterprise applications assist clients with the integration of enterprise resource planning (ERP) solutions across their supply chain to allow seamless exchange of information. ERP vendors are continuing to expand the breadth of integration through the supply chain. The main purpose of supply chain enterprise applications is to help existing ERP clients who are expanding their existing ERP solution and new clients about to integrate an ERP across their supply chain. And also these services cross all industries and include SAP, Oracle and PeopleSoft as strategic vendors. The full rage of enterprise application offerings included: Package selection – Assist clients in determining which ERP package is best achieve their requirements. Business process improvement, design and implementation – To assist customers in the implementation of their ERP solution. These services included: -Accelerators -Standard tools -Sample deliverables and solution ready for use and accessible These tools also contain templates for process and system re-engineering to accelerate the ERP delivery and expected benefits. In addition to help reduce costs and shrinkage existing systems as much as possible. Training and learning services – Educating customer’s knowledge of their ERP solution through multiple types of training techniques. Version upgrades – Bring customers up to the latest version of their ERP solution. The upgrade may include extending the capabilities of their ERP solution with new modules. Systems Synchronization – Synchronizing the multiple forms of ERP systems across the entire enterprise onto a common version of the software to optimize functionality and minimize errors caused. Supply chain operations Supply chain operations provide organizations with the ability to recognize operational improvements across many areas of their value chain. The focus areas range from customer service, product quality, cycle time, asset utilization, and operational flexibility to finance and promotions management. The full range of operations included: Operations improvement and transformation – Design and implement processes across all elements of a company’s extended supply chain, which including: -Supply/demand integration -Manufacturing -Customer fulfillment -Inventory management -Order management -Sourcing Asset management – Solutions to manage the maintenance and repair operations for an enterprise’s capital assets, including equipment, inventory and human resources associated with maintaining those assets. The aims are: -With greater equipment and facility utilization -Improved production capacity -Lower operating cost Distributed or consolidated order management – connecting customers to all areas of supply chain by focusing on solutions that enable customers to build new cross functional, cross enterprise and multi-channel processes on top of existing investments in transactional systems. The goal is to enable the visibility and efficient management of customer and product information across the new extended network. Demand management – Design and implement processes and solutions intended to enhance revenue and profitability by optimizing: -Sell through -Inventory -Product mix -Product pricing -Promotional management Supply chain event management – it build an adaptive, responsive supply chain. Sense and respond capabilities address end to end supply chain variability issues by tracking supply chain events in real-time with increased visibility. Events can be aligned against key performance indicators, as well as to identify exceptions. It also optimized operational alternatives or corrections that can apply across company’s entire supply chain. Logistics Logistics focuses on assisting clients in the management of goods through the supply chain. With the emergence of improved visibility and fulfillment tools, logistics has emerged as a key area of many companies supply chain operations. The effective implementation of new technologies in warehousing, transportation, and reverse logistics can result in significant cost reduction and customer service improvement. Logistics strategy and network optimization – Utilize analytical and requirements based methodology to develop a customized and responsive solution to address logistics network optimization opportunities Warehouse process improvement and systems implementation – Implement process and technology change to improve warehouse operations. It assisting customer with: -Distribution process envisioning -Software selection and implementation -Warehouse layout and design -Material handling equipment selection -Developing deployment strategies around the utilization of advanced technologies Transportation process improvement and systems implementation – Implement process and technology change to improve transportation operations. These assist customers with: -Transportation process envisioning -Core carrier program development -Software selection and implementation Specially focus on given to optimizing through improved delivery performance while achieving the lowest possible carrier cost. Labor management process improvement and systems implementation – Implement process and technology change to improve warehouse labor productivity. Labor tracking and management allows for: -Real time tracking of employee time -Calculation of estimated task time -Comparison of records actual vs. estimated task time -Reporting on labor performance and efficiency -Monitoring of direct vs. indirect labor -Linking of performance to compensation. Reverse logistics process improvement and systems implementation – Implement process and technology change to improve the management of returns. These included: -Returns process envisioning -Software selection and implementation Especially focus to placed on re-engineering the flow of returned goods based product disposition and value. Logistics business transformation The logistics business transformation provide business model which offer greater scope and deeper integration. The logistics transformation models include: transport, ware housing, customs brokering, third party logistics providers (3PL’s) and freight forwarders, lead logistics providers and supply chain integrators. Each type of model has different attributes with regards to customers’ relationships and pricing arrangements. IBM’s approach to logistics transformation is to deliver improved business results through continuous strategic change and the transformation or operation measured against executive business outcomes. IBM’s logistics business transformation is built on success and innovation of IBM’s own Global logistics operations. IBM’s Global Logistics Network is secure, scalable and reliable. It has delivered track record of on time performance and availability. Because IBM’s logistics infrastructure is scalable and has sufficient supplier capability, so it can easily and quickly extend solution for the customers. These are the service areas in the IBM logistics business transformation framework: Logistics strategy, network design and development -Translate business needs and priorities logistics requirements -Logistics network modeling and business case development -Logistics operations design, organization, process, IT, measurements -Best practice guidance Logistics services procurement -Sourcing strategy development industry knowledge -Supplier evaluation, selection and contract management -Supplier cost and service management Supplier relationship and performance management Logistics Operation Management -Daily logistics network management -Integrated transit visibility, event management, order status, operation metrics -Supply chain total cost and network optimization -Claims processing -Logistics supplier payment and audit -IT integration and management -Logistics operational guidance Logistics global trade management -Global trade included import / export compliance process management -Government and Customs relationship management -Duty and tax accuracy and payment minimization Supply chain security management -Global and country specific shipping procedure management Conclusion In today’s complex global network, IBM’s logistics and supply chain management is running on change oriented, the more understanding the various paths and pitfalls and landscape of change is critical for supply chain management to safely navigate through the opportunities and dangers, so their supply chain leaders around the world understand the need to drive change smartly and effectively is the ingredient of success.

The Individual Being in Hegels Philosophy Essay - 1749 Words

The only similarity between Marx and Kierkegaard – beyond disagreeing with Hegel – is they both find Hegel to be apathetic. As Kierkegaard summarized in Either/Or, and as Marx exemplifies in his many writings, either one is to resign themselves to inaction for the greater good or one commits to action regardless of the consequences. Hegel, they argue, commits himself to the former. He resigns himself to universal ethics, acting on the greater good at the expense of the individual. Here, Kierkegaard and Marx swerve away from Hegel. Kierkegaard believes the faithful must act as an individual in a relationship with God. Marx believes that the individual, acting in concert with other like-minded individuals, is key to enacting the Bloody†¦show more content†¦He suggests that Hegel resigns himself the status of a tragic hero for the greater good. Kierkegaard alss tells the analogy of the Knight of Infinite Resignation which illustrates the need to resign oneself fro m achieving a personal good in honor of the universal good. He gives the analogy of a Knight who wishes to seduce a princess, but cannot because of the greater good. Rather, he resigns himself to worship the idea of the princess and detaches himself from her physical nature. This detachment causes him to worship an abstract ideal in order to conform to the needs of the greater good. If the Knight were to have her, it would violate the ethical principals he has entrenched himself in and cause ruin upon others. He will no longer maintain the status of the tragic hero and would have acted unethically. Beyond that, the Knight of Infinite Resignation would not want the princess as her physical embodiment represents an imperfection. Kierkegaard does not like this movement. Instead, he creates the Knight of Faith, which acts on his passions. The Knight of Infinite Resignation loves the princess and idealizes her, but knows he will never have her. If he were to have her, it would ruin the i dealization of her. Her physical being would then become a roadblock towards the realization of her essence. The selfishness of the Knight of Faith becomes a form of passion. The Knight of Faith, like the Knight of Infinite Resignation, realizes the impossibility of getting theShow MoreRelatedHegel and The Phenomenology of Spirit824 Words   |  3 Pagesbasic paradigm (system) that accounts for the manner in which nature and mind or for him, subject and object, were all related. This included history, philosophy, society, art, music, and culture. It was the idea that while all things were interrelated, they were also set up to form a series of contradictions that caused conflict for humans. 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Business Plan For Clean Cleaning Services - 1120 Words

MAID TO CLEAN BUSINESS PLAN Danyell Knox Policy Strategy University Of Bridgeport EXECUTIVE SUMMARY Maid to clean cleaning services is a commercial, and residential cleaning service, which plans to target the upper, and middle-class families within the state of Connecticut. Additionally, Maid To Clean Cleaning Services will also provider-cleaning services to commercial business throughout the state of Connecticut as well. We would like to service residential customers who incomes are greater than $ 100, 000 annually, these typical customers are ages 33- 65 and live in residential homes which exceeds the value of $ 250, 000, as this particular market would be more willing to pay for our â€Å"premium services’ which will be offered as an upgrade on cleaning services already purchased. Maid to clean will also offer basic cleaning services to our commercial business, and credit business owners discounts for referrals to new business owners as well. Maid To Clean will offer a high level of services, and professionalism, which is second to none in the industry. Maid to clean will also offer convenient scheduling online for our busy clientele, who may not have time to call, and book the appointment. Maid To Clean will focus on providing superior cleaning services, which will be backed by our â€Å"second hand quality check†. The second hand quality check means for every job, a team leader do once last walk around the residential area, and checkShow MoreRelatedBusiness Analysis : A Dime A Dozen Dusters1277 Words   |  6 PagesMarket analyst Business name-A Dime A Dozen Dusters Our market in size is relatively large, any Indiana state University student that is in need of a clean home is our target market. The demographics that are in our advantage are primarily young, and anyone attending Indiana State University. Our company structure is an Oligopoly structure, because we are not the only cleaning company around. 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The Yellow Wallpaper By Charlotte Perkins Gilman - 1041 Words

The yellow wallpaper is the most obvious symbol in this story. This symbolizes the protagonist s mind named Jane during the 19th century. The yellow wallpaper symbolizes the way women were perceived. The yellow wallpaper includes models, angles and curves so that they contradict each other. we could say that these angles represents the identity of women during the 19th century. The Yellow Wallpaper by Charlotte Perkins Gilman, is about the control and attacks the role of women in society. What is expected of women of the 19th century is to have children, take care of the house and do only what the husband says. The man of this time have the privilege of having a good education, have their jobs and they make their own decisions. The†¦show more content†¦We know that janes was alone in her room. If a person has nervous problem like she has, the mind began to play with her. There will be point that will not know the difference between the real and the imaginary. The yellow wa llpaper represents society. The gates you see her in front of the background image symbolize freedom. The lights illuminating right through the window represents the power of men. The woman behind the gates seeks escape the control of men. Also, as it becomes more complex, she begins to see women behind it which shows the problem is worse and she become more mentally unstable. â€Å"Sometimes I think there are a great many women behind, and sometimes only one, and she crawls around fast, and her crawling shakes it all over ( Gilman 9).† women trailing behind the picture shows it feels confined to the walls of the room. The narrator breaks yellow wallpaper not willing to accept how bad is her mental state. I sometimes fancy that in my condition if I had less opposition and more society and stimulus—but John says the very worst thing I can do is think about my condition, and I confess it always makes me feel bad. So I will let it alone and talk about the house ( Gilm an ). This statement reveals the wishes of the narrator want to think independently. Here we can see how women of 19th century thought. women prefer not to think about their condition rather than fight his place in society. The narrator and her

Male domination in the Apparel Industry Free Essays

The apparel or clothing industry is a diverse industry which covers an extensive range of areas e.g. fashion, design and technology as well as products i. We will write a custom essay sample on Male domination in the Apparel Industry or any similar topic only for you Order Now e. synthetic and leather yarns, beddings, human clothes. As such, the clothing industry often pertains to the fashion industry, which primarily influence by color, design, and fabric. For the case at hand, the discussion on the apparel industry would entirely focus on personal clothing from underwear, pants, shirts and accessories for people. Clothing is basic necessity in life. People wear clothing different reasons but mainly for protection from the extremities in our natural environment i.e. cold and hot temperature. However, more than just a protective garment, people used clothing as social tool to be more physically attractive or pleasant to others, to express our emotions and lifestyles, to distinguish cultural heritage, socio-economic class or profession and to create the necessary ambiance and   setting in the performance of religious, political and other rituals.   Under these premises, the apparel industry plays a significant role in the socio political history of people all over the world. While the apparel industry is primarily engaged in the design and creation of garments made from fabric, its study seemed not appealing to men as evidenced by the fact that only few male students study the discipline today. In fact, many people may have a misconception that textile and fashion is a female thing especially so because fashion and shopping normally comes in each others pocket.   Unknown to many however, the textile and fashion industry is actually dominated by men since time immemorial. The proceeding essay would show that breakthroughs in the clothing industry as well as leadership in the industry are mostly made and held by men. Men in the Fashion and Textile History The textile industry has an age old rich history provided a considerable influence in the evolution of contemporary society. The etymology of ‘Textile’ is from the Latin word ‘texere’ meaning ‘to weave’. (Miller, E. 1969, p10) Weaving is one of the ancient surviving human crafts that dated back to Neolithic times.    Today, textile pertains to the material constituted by either natural or synthetic fibers that is formed in different mechanical process i.e. weaving, knotting to join them together to produce yarns. One of the earliest forms of textiles was those from the sheep’s wool.   Ancient people produce the wool yarn through a spinning and twisting process that are manually done by hands, which provided the principles for the invention of the spinning wheel that was introduced in the late 14th century. In the next centuries to come, due to the expensive and laborious process of weaving, fashion is mainly focused on the privileged elite.   The sense of fashion and design were mainly based on the history of dresses of the royalties.   Royal members even employ court dolls or fashion babies to communicate their costumes with royalties from other lands. (Hurlock, E., 1984, P130) During these era in around 1665, France commenced to establish itself as the fashion capital of the world under the kingship of the Sun King,† Louis XIV, who is passionate and unparalleled dedication for fashion that moved him to advance textile production and fashion innovation. During this time also, fashion among men become more conspicuous from dress, i.e. lace, long hairstyles which popularize the wigs, shirts and even accessories i.e. swords and capes.   (Rubin, D.L. 1992, p78) Drastic changes in the clothing industry came about during the 1700s with the mechanization of the weaving process, which allowed mass production of the yarns and textiles.   The â€Å"flying shuttle† of John Kay in England was the first spinning machine that sped up the weaving process.   This was improved by Lewis Paul and John Wyatt who invented the roller method. (Newman, G. and Brown, L. 1997, p675) A series of male inventors led to the improvement and innovation of the weaving process namely: James Hargreaves and his spinning jenny, Sir Richard Arkwright’s spinning frame; the spinning mule by Samuel Crompton and Edward Cartwright who introduced steam powered weaving machine. The introduction of machines which allowed for the mass production of goods led to the industrial revolution in the 1800’s. Incidentally in mid-18th-century England, a group of men who went beyond the regular boundaries of fashion has emerged called the Macaroni club. (Steele, V., 1998, p28)The group was marked by its fashion extravagance and was famous for looking like women. Charles James Fox was the leader of the Macaroni and was considered as the leader of fashion. Today, the term macaroni is derogatively used to describe men who are lavish in clothes and vices. How to cite Male domination in the Apparel Industry, Essays

Male domination in the Apparel Industry Free Essays

The apparel or clothing industry is a diverse industry which covers an extensive range of areas e.g. fashion, design and technology as well as products i. We will write a custom essay sample on Male domination in the Apparel Industry or any similar topic only for you Order Now e. synthetic and leather yarns, beddings, human clothes. As such, the clothing industry often pertains to the fashion industry, which primarily influence by color, design, and fabric. For the case at hand, the discussion on the apparel industry would entirely focus on personal clothing from underwear, pants, shirts and accessories for people. Clothing is basic necessity in life. People wear clothing different reasons but mainly for protection from the extremities in our natural environment i.e. cold and hot temperature. However, more than just a protective garment, people used clothing as social tool to be more physically attractive or pleasant to others, to express our emotions and lifestyles, to distinguish cultural heritage, socio-economic class or profession and to create the necessary ambiance and   setting in the performance of religious, political and other rituals.   Under these premises, the apparel industry plays a significant role in the socio political history of people all over the world. While the apparel industry is primarily engaged in the design and creation of garments made from fabric, its study seemed not appealing to men as evidenced by the fact that only few male students study the discipline today. In fact, many people may have a misconception that textile and fashion is a female thing especially so because fashion and shopping normally comes in each others pocket.   Unknown to many however, the textile and fashion industry is actually dominated by men since time immemorial. The proceeding essay would show that breakthroughs in the clothing industry as well as leadership in the industry are mostly made and held by men. Men in the Fashion and Textile History The textile industry has an age old rich history provided a considerable influence in the evolution of contemporary society. The etymology of ‘Textile’ is from the Latin word ‘texere’ meaning ‘to weave’. (Miller, E. 1969, p10) Weaving is one of the ancient surviving human crafts that dated back to Neolithic times.    Today, textile pertains to the material constituted by either natural or synthetic fibers that is formed in different mechanical process i.e. weaving, knotting to join them together to produce yarns. One of the earliest forms of textiles was those from the sheep’s wool.   Ancient people produce the wool yarn through a spinning and twisting process that are manually done by hands, which provided the principles for the invention of the spinning wheel that was introduced in the late 14th century. In the next centuries to come, due to the expensive and laborious process of weaving, fashion is mainly focused on the privileged elite.   The sense of fashion and design were mainly based on the history of dresses of the royalties.   Royal members even employ court dolls or fashion babies to communicate their costumes with royalties from other lands. (Hurlock, E., 1984, P130) During these era in around 1665, France commenced to establish itself as the fashion capital of the world under the kingship of the Sun King,† Louis XIV, who is passionate and unparalleled dedication for fashion that moved him to advance textile production and fashion innovation. During this time also, fashion among men become more conspicuous from dress, i.e. lace, long hairstyles which popularize the wigs, shirts and even accessories i.e. swords and capes.   (Rubin, D.L. 1992, p78) Drastic changes in the clothing industry came about during the 1700s with the mechanization of the weaving process, which allowed mass production of the yarns and textiles.   The â€Å"flying shuttle† of John Kay in England was the first spinning machine that sped up the weaving process.   This was improved by Lewis Paul and John Wyatt who invented the roller method. (Newman, G. and Brown, L. 1997, p675) A series of male inventors led to the improvement and innovation of the weaving process namely: James Hargreaves and his spinning jenny, Sir Richard Arkwright’s spinning frame; the spinning mule by Samuel Crompton and Edward Cartwright who introduced steam powered weaving machine. The introduction of machines which allowed for the mass production of goods led to the industrial revolution in the 1800’s. Incidentally in mid-18th-century England, a group of men who went beyond the regular boundaries of fashion has emerged called the Macaroni club. (Steele, V., 1998, p28)The group was marked by its fashion extravagance and was famous for looking like women. Charles James Fox was the leader of the Macaroni and was considered as the leader of fashion. Today, the term macaroni is derogatively used to describe men who are lavish in clothes and vices. How to cite Male domination in the Apparel Industry, Essays

Criminal Procedure

Question: Discuss about the Criminal Procedure. Answer: Introduction: It is the cardinal principle of criminal law that a person cannot be convicted unless his guilt is proved beyond reasonable doubt.[1] In the instant case, Sutton (the accused) has not committed a murder. He was indulged in a fight with the Nguyen (the deceased) but never used a knife to kill him. Therefore he is surely not the murderer. The fact he that he fought with the deceased has also been witnessed by two persons, Stretch and Jacko. The three left the place leaving Nguyen alive. After a month, Sutton was questioned by police officers regarding the murder of Nguyen. Sutton initially did not initially want to give the interview as he was drunk and tired. But the police officials threatened to issue a search warrant by virtue of which they would search Suttons mothers home. Sutton was concerned about his mothers health. His mother had suffered from severe heart attacks in the previous years. Her mother was very much scared of cops and could probably suffer from another heart attac k if she sees the cops in her place. Considering all these consequences, Sutton made an admission that he had stabbed the deceased. The admission was admitted in the criminal proceeding held by the Trial Court and the accused has been convicted of murder of the deceased. The conviction of the accused based on a coerced admission is surely an instance of miscarriage of justice. Sutton has the right to appeal against his conviction and he surely will get justice because he not the real murderer. It is another cardinal principle of criminal law that ten guilty persons be set free than one innocent person be held guilty. [2] Statutory Right to Appeal Section 18 of the Crimes (Appeal Review) Act, 2001 gives the right to a person to appeal against his conviction. The Section lays down that in an appellate proceeding the evidences which were given in the original local court proceeding would be reheard and an appeal would be decided on the basis of such evidences. If the District court is of the opinion that fresh evidence be given in the interest of justice, then fresh evidence can be given by the permission of the District Court.[3] Legal Issues Involved in the Case Whether the questioning that was done by the police officers in Hyde park against the suspect was in compliance with the provisions under Section 281 of the CRIMINAL PROCEDURE ACT 1986 or not? Whether the admissions made by the accused in the interview at the police station were coerced or not? Whether evidence of Stretch, being a fresh evidence, can be adduced in the appellate proceeding or not? Issue 1 Section 281 of the Criminal Procedure Act 1986 deals with admissions by suspects. Clause (1) of the Section is applicable to an admission which was made by an accused person who, at the time of making the confession, was suspected for commission of an offence or could reasonable have been suspected of having committed an offence by an investigating official. The admission referred to in this section must have been made in the course of official questioning and the offence referred to in this section is related to an indictable offence excluding those indictable offences which could be summarily dealt without the accused persons consent. Clause (2) lays down that the admission to which this section applies is admissible only if the admission is made available to the court and the interview taken by the investing official has been tape recorded.[4] In case, if the tape recording has not been made by the investing official, then, a tape recording of an interview with the person, who made the admission, is to be made containing a statement that such person accepts the terms of the admission or a reasonable excuse has to be given by the prosecution as to why such tape recording could not be made. An investigating official would include a police officer who does an investigation under an order given by his superior. Thus, the tape recording of admissions is essential for using them as evidence in a Court of law as per the provisions under Section 281 of the Criminal Procedure Act, 1986. If the tape recording could not be made by the police officers at the time of questioning the suspect, then a reasonable excuse has to be given by the police officers as to why the tape recording of the questioning could not be made. Case: Foster vs The Queen (Common law) (1993)[5] In this case, a charge was inflicted on the accused for setting fire to a large public school. The accused was convicted as he signed a confession while being in the custody of police. In the original court proceedings the accused said that he made the confession under threats given by the police officers. But the Court decided the case against the accused and convicted the accused for maliciously setting fire to the public school. On appeal the High Court made the common law position clear and held that if a confession is procured through a police conduct, which is unlawful, then the judge may use his discretionary power and exclude the evidence on the following grounds: That it would be unfair to the accused That it would be contrary to the public policy In this case, family of the accused was threatened, there was no recording of the interviews and the accused was not allowed to contact a lawyer which clearly indicated that unfairness was being done to the accused. Under these circumstances, the High Court felt it appropriate to quash the conviction. Thus, tape recording of evidence is an essential factor to determine the reliability of a confession. In the instant case, the questioning which the police officers did to the suspect was not electronically recorded. Thus, it has been unfair to the accused that the informal conversation between him and the police officers in the Hyde Park has been used as evidence against the accused. It was just an informal conversation and no caution has been given to the accused that the conversation was likely to be adduced as evidence in the Court of law. Issue 2 Section 85 of the Evidence Act 1995 lays down provisions as to reliability of admissions by defendants in criminal proceedings. [6]Clause (2) of Section 85 clearly lays down that only reliable admissions are allowed to be adduced as evidence in a criminal proceeding. The prosecution needs to establish that the particular admission was made in such circumstances as are unlikely to make any adverse effect on the truth. Section 85(3) lays down certain factors to be considered to determine whether such circumstances existed or not. The factors as laid down under Clause (3) of Section 85 are as follows: The relevant characteristic or condition of the person who made such confession including his health, age, education, personality and any intellectual, physical or mental disability which the person is suffering from or which the person may suffer from. If the admission was made in course of questioning then: The nature of the questions The manner in which the questions were put The nature of any inducement, thereat or promise which was made to the person. In the instant case, the accused was not ready to be interviewed by the police officers. The police officers then threatened the accused that if he did not face the interview, then the police would issue a search warrant and proceed to search the home of accused mother. The accused got tensed to hear this as his mother was not in the best of her health and she had already suffered from two heart attacks in the previous year. Moreover, his mother was scared of cops and she could possibly suffer from another heart attack if she sees the cops in her place. Thus, the accused has been threatened by the police officers and under such a metal condition he gave the interview. The accused said afterward in the criminal proceeding that he confessed before the police officer in order to get rid of the search warrant. Thus, the admissions of the accused under these circumstances clearly fall within the ambit of Section 85 and therefore should not be relied upon. Case: R vs Zhang (2000)[7] In this case, the accused was charged with two counts of murder. He was interviewed so that a witness statement could be taken from him and for the purpose of ascertaining whether he was eligible to avail the benefits of a witness protection program. During the course of such interview, the guilt of the offence was admitted by him. However, this interview was not an electronically recorded one. He was interviewed for a second time and this tome the interview was tape recorded. The police officers were accompanied by him to the place where the murders occurred and a detailed explanation was also given by him about the incidents that took place at the night when the murders took place. The Circumstances Under which he Cooperated with the Police were that he was Given two Options: Either cooperate with the police officers or Prepared to be charged with murder. At the same time he was told that if he cooperated with police then his sentence would be reduced. He was also threatened by one detective who told that he was likely to hit the accused. All these conducts induced him to confess his guilt. The Court referred to Section 84 of the Evidence Act, 1995. Section 84 lays down that if the Court is satisfied that an admission or the making of an admission was influenced by oppressive, violent, degrading or inhuman conduct, then such admission would not be admitted in a court of law. It is not necessary that such conduct was done to the concerned person who made the admission. Such conduct could be done to any other person as well. What is material is that if such conduct influences the admission or making of the admission, then such admission would be excluded and not admitted in a Court of law.[8] The Court after referring to Section 84 held that the admission of the accused has been made by the oppressive conduct of the police officers and the detective. Therefore the admission could not be qualified as a voluntary confession and as a result the Court did not admit such confession.[9] In the instant case, the admission was not made by the accused voluntarily. He was drunk and tired and he conveyed to the police officers that he was not in a position to give a formal interview. But the police officers threatened to issue a search warrant. The accused was concerned about his mothers health and he was worried that his mother could suffer from a heart attack if she sees the police in her premises. It was under all these circumstances, that the accused made admissions before the police. Had the police officers not threatened him, he would have never given the interview in the first place. The accused also said later in the court that he had made the admissions in order to avoid a possible raid by the police. Thus the confession of the accused during the interview in the prison cell cannot be said to be a voluntary admission. Issue 3 Under Section 18 of the Crimes (Appeal Review) Act, 2001, fresh evidence can be adduced in an appeal with the leave of the District Court in the interest of justice.[10] In the instant case it is a fact that the accused and the deceased were indulged in a fight. But it is also a fact that the accused had no knife in his hind and he never killed the deceased. Conviction of the accused for an offence like murder, which he did not commit, would result into huge miscarriage of justice. The evidence of the eye witness is ought to be considered so that the truth may be revealed and life of an innocent person can be saved. Biblography (2016) https://www.austlii.edu.au/au/journals/MonashULawRw/2013/27.pdf (2016) https://www.surrey.ac.uk/law/people/dennis_baker/ (2016) https://www.adelaide.edu.au/press/journals/law-review/issues/36-1/alr-36-1.pdf Australia, Modern, Jeremy Gans and University Melbourne, Modern Criminal Law Of Australia (2016) Cambridge University Press https://www.cambridge.org/au/academic/subjects/law/law-general-interest/modern-criminal-law-australia?format=PB Criminal Law Guidebook : Queensland And Western Australia / Andrew Hemming | National Library Of Australia (2016) Catalogue.nla.gov.au https://catalogue.nla.gov.au/Record/6847013. Criminal Law In Queensland And Western Australia" By Eric Colvin And John Mckechnie(2016) Epublications.bond.edu.au https://epublications.bond.edu.au/law_pubs/186/ Dundee, University, D284bcb9 D167 42Ac Bd55 D53ff57c7b41 : Law : University Of Dundee (2016) Dundee.ac.uk https://www.dundee.ac.uk/law/staff/profile/pure/pamela-ferguson/d284bcb9-d167-42ac-bd55-d53ff57c7b41 Flinders University (2016) Flinders.edu.au https://www.flinders.edu.au/people/kim.economides Parlinfo - Uniform Evidence Law / Stephen Odgers. (2016) Parlinfo.aph.gov.au https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=MajorSubjectId_Phrase%3AF0B;rec=14 Plater, David; Line, Lucy; Davies, Rhiannon --- "The Schleswig-Holstein Question Of The Criminal Law Finally Resolved? An Examination Of South AustraliaS New Approach To The Use Of Bad Character Evidence In Criminal Proceedings" [2013] Flinlawjl 3; (2013) 15(1) Flinders Law Journal 55 (2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/FlinLawJl/2013/3.html Publications By Tyrone Kirchengast (2016) UNSW Law https://www.law.unsw.edu.au/profile/tyrone-kirchengast/publications Publications By Tyrone Kirchengast (2016) UNSW Law https://www.law.unsw.edu.au/profile/tyrone-kirchengast/publications Simpkins, Justin --- "Determining Probative Value: Considerations Of Reliability And Credibility" [2013] Nswbarassocnews 42; (2013 Winter) Bar News: Journal Of The NSW Bar Association 12 (2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/NSWBarAssocNews/2013/42.html Speeches By The Hon Murray Gleeson - High Court Of Australia (2016) Hcourt.gov.au https://www.hcourt.gov.au/publications/speeches/former/speeches-by-the-hon-murray-gleeson Tarrant, Stella, "Building Bridges In Australian Criminal Law: Codification And The Common Law" (2013) 39 Monash University law review https://research-repository.uwa.edu.au/en/publications/building-bridges-in-australian-criminal-law-codification-and-the-common-law(a7f43c83-62e3-42b3-b99b-e88f7ce5f915)/export.html Uniform Evidence Law / Stephen Odgers | National Library Of Australia (2016) Catalogue.nla.gov.au https://catalogue.nla.gov.au/Record/5972040

Impact of Risks Management Process in Determining the Project Success

Question: Discuss about theImpact of Risks Management Process in Determining the Project Success. Answer: Introduction The success of the project management is analyzed based on the criteria based on completion time, budget, and quality and project performance. In this, we have provided the impact of the risk management that is based on the IT project success. Two major criteria for determining the success of the project management were introduced by the Kerzner (2001). Primarily, the success of the project would efficiently and effectively utilizes the project resources. Secondly, the project should get accepted by the client. For the professionals and executives that are involved in todays project has the main concern as the risk management. This will clearly stated that these evidences have become very much intense. In 2000, Kwak and Ibbs was developed the first article that pointed towards significance of the risk management. They pointed importance towards project management four sectors: construction engineering, information technology, manufacturing products with high technology and telecommunication. In this, we have explained the IT project for literature review. There are four steps that are used for managing the risks: Understand and recognize the risks involved in IT project Analysis of the associated risks Regulation of the risk to reduce the negative impact on the occurrence of the event Monitoring the risk associated with IT project Below diagram will show the various risks that are associated with the IT project: Research Questions for IT Project Does risk management impact the success of the IT project? In literature review, explain the above term with some academic references What are the various risks that are involved in IT project? How the evaluation done for risk management? Literature Review In 2003 as per Ward and Chap-man, they argue that the risk management that involved for whole project should focus on administering the uncertainties, because risk always connected with opportunities or threats to projects from uncertain events. For coping up with the substantial risk that is there in the project, risk management is the crucial tool. With this tool we can: alleviate risk with proper planning, control and analyze the risks so that loss can be minimized and project viability can be ascertain and assess. (Lam, 2007) Shenhar and Dvir (2010) refer risk as the one in project that comes from an uncertainty, but some other factors also contribute towards project risks. They are competencies, inadequate abilities, resources scarcity, costs, deadlines and time-frames for the project. Management of risk supports the improvement quality and enhances the estimation of the cost by mitigating and recognizing for projects the potential risks. This put various processes in place for ensuring management receive risk information in organized way. They also apply corrective actions which permit realistic estimates of costs and schedule and make sure project get successful within timeframe. (Tinnirello, 2000) Keeling (2006) have presented various articles on risk management and state that this is the series of interconnected processes that involve specific tools and techniques. Principles of risk management increase the involvement of team by giving some mechanism for reporting the potential issues and increase stake of the team in overall project success. (Hodge, 2002) In 2002, Elkington and Smallman recognized that a strong link among project success level and risk management amount undertaken in project. Management of project assumes that procedures and processes application lead automatically to the result of the good project. If project get fail, the procedures and processes of the project have to better improved or executed. (Chen, 2009) Cicmil (2006) clearly present the literature review investigation on the success of the project and the management of the risk. In this view, all events or situation risks are defined which will cause some disruption in plan, and make sure delivery of the project should be done in timely manner that was agreed on starting and within defined budgets. The project success is measured traditionally by the criteria of requirements, budget and time. This type is critics widely but still used for the publications on the success on the projects. (RAE, 2004) Two major criteria for determining the success of the project management were introduced by the Kerzner (2001). Primarily, the success of the project would efficiently and effectively utilizes the project resources. Secondly, the project should get accepted by the client. Turner (2002) states that the traditional view of success of the project is based mainly on quality, cost and time objectives as they are the perspective view point for the team of the project. As per APM (2006), all the project risks are inherited due to performance by the people, assumptions that are used, complex, constrain and unique features. As result, project management of risk must build into project management and should used throughout the life cycle of the project. Evaluation The method of the evaluation, thus, tries so that they can learn from the previous projects, by just evaluation all the risks that are associated and occurred during implementation of the project. This type of evaluation can outcome as the adjustment to the usage of the technique, or even is the methodology adjustment itself. The approach of management towards management of the risk, which are based on the process on making some of the rational decisions, that will fit well in view of the IT on the management of the project. It is gone for distinguishing the solid occasions or, on the other hand circumstances inside a particular venture which upset the plan, and creating measures to keep the venture on track. Below we have provided some of the hypothesis that can considered in this case: (H1) The risk management for the project does not authority the success of the project perception. This is the hypothesis that is intended for verifying the relationship among evaluating the outcomes and adopting practices that are used in the project risk management. (H2) Revenue of the organization does not authority the success of the project perception. In this hypothesis, it was stated that the revenue of the organization can considered as the major success factors in the defined project. This attempt is used for verifying the relationship among the various variables. (H3) The project type does not authority the success of the project perception. The literature review that is done on the management of project does mention some of the significance for establishing the typology in the project and adapting the project management as per the project type. (H4) Risk manager presence doe not authority the success of the project perceptions. In this attempt it is verified that the significance on the importance of the manager of risk. The formulation strategy for the null hypothesis is directly connected with the understanding on what always includes the evidence and equality for rejecting it will get recognized. Thus, this is based on analyzing the information for hypothesis to get capable for concluding the study that was obtained on information, cost and time and thus reject the success project opinion. This is done by considering that the indicators of quality conformance, satisfaction for the project team, satisfaction of the client and scope of the project. Here, we have used risk management as the evaluation method. The objective of this is to quantify and list all the associated risks and then find the solution or mitigation for the failure of the project. Below figure is used for presenting graphically these processes: The input for the project are the known factors of risk The project process for risk management collects data about the project failure and associated risks, which follow with the new factors of risk New factors added to the lists of the risk factors that are known and thus all together creating the inputs for the future projects. The main objective of this approach is not answer the query on what are the causes that make the project fails. This approach accepts that by understanding the dangers and their causes can and will be overseen, which is probably going to prompt a beneficial outcome on the venture results. The point is to make extend consistency in another venture by utilizing the data with respect to the risks and reasons for venture disappointment assembled in past tasks. The supporting supposition is that undertakings are practically identical as in data about dangers can be summed up and is utilized as a part of future ventures. Conclusion The applied methods have some influence on the failure and success of the IT project and it varies. The major variations are based on the project type, followed by the recognition of the success enablers group. Lastly, the greater parts of productions that relate to the risk administration to venture achievement allude to the customary requirements-budget-time meaning of venture achievement. In any case, this approach is not in accordance with the view displayed by other writing that venture achievement involves more than simply meeting time and spending imperatives and prerequisites. Extend partners may utilize different venture achievement definitions. Manager of the project do execute the higher risk management methods and uncertainty and procedures on the project they see as more intricate than on activities that they see as less perplexing. Most venture administrators, on undertakings they seem to have abnormal amounts of intricacy, actualize vulnerability and risk administration methodologies and procedures at lower then "ideal" levels of general recommended industry risk administration models. There is a positive connection amongst instability and risk administration approach and process levels executed and saw extend accomplishment by venture administrators on undertakings that they seem to be of high unpredictability. This affirms comparable exact discoveries in the writing. The literature review for the success of the project and management of the risk has been discussed. It has found that traditional view for the success of the project based on the quality, time and cost and this is not sufficient. The success of the proje ct has seen to be based relatively on the pre-agreed and pre-determined criteria for the success by all the involved stakeholders. References Ibbs and Kwak,2000: C.W. Ibbs, Y.H. KwakAssessing project management maturity.Project Management Journal, 31 (1) (2000), pp. 32-43 Shenhar, A.J., Dvir, D., Levy, O., Maltz, A.C., 2001. Project success: a multidimensional strategic concept. Long Range Planning 34, 699725 Kerzner, H (2001) Project Management: A Systems Approach to Planning, Scheduling and Controlling. 7ed. New York: John Wiley Sons. Lam, K C, WANG, D, Lee, P T K and Tsang, Y T (2007) Modelling risk allocation decision in construction contracts. International Journal of Project Management, 25(5), 485- 493 Tinnirello, P C (ed.) (2000) Best Practices Series- Project Management. USA: Auerbach Chapman CB, Ward S. Estimation and evaluation of uncertainty: a minimalist, first pass approach. International Journal of Project Management 2000;18:36983. Keil, M., Cule, P.E., Lyytinen, K., Schmidt, R.C., 2006. A framework for identifying software project risks. Communications of the ACM 41 (11), 7683 Hodge, N (2002) Power to the people. Internal Auditing and Business Risk, 18-22 Elkington, P and Smallman, C (2002). Managing project risks: a case study from the utilities sector. International Journal of Project Management, 20(1), 49-57. Chen, C.C., Law, C.C.H., Yang, S.C., 2009. Managing ERP implementation failure: a project management perspective. IEEE Transactions on Engineering Management 56 (1), 157170. Cicmil, S., Williams, T., Thomas, J., Hodgson, D., 2006. Rethinking project management: researching the actuality of projects. International Journal of Project Management 24, 675686 Royal Academy of Engineering, 2004. The Challenges of Complex IT Projects. Retrieved from https://www.raeng.org.uk/news/publications/list Turner, R (2002) Project success criteria, In: Stevens, M (ed.) Project management pathways. GB: APM. ISBN 1-903494-01-X