ICT Notes Case Essay Example for Free

ICT Notes Case Essay Whenever personal details or other private information is stored about people, it is regulated by the data Protection Act and organisations storing such information must register with the data protection bureau. It gives rights to data subjects (i.e. in this case the patients who have specific data about themselves stored on the health centre system). Data is subject to 8 main regulations to protect the rights and privacy of individuals. These are: 1. Personal data shall be processed fairly and lawfully. 2. Personal data shall be obtained only for one or more specified and lawful purposes. see more:annual function speech 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose for which it is used. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data shall not be kept for longer than is necessary for the specified purpose. 6. Personal data shall be processed in accordance with the rights of data subjects under the act (patients have the right to view and correct information held, except in cases of crime or certain government agencies). 7. Data holders should have appropriate measures in place to protect the data against loss, theft or corruption. 8. Personal data shall not be transferred to a country outside the EEC unless that country ensures an adequate level of protection for the rights of data subjects. Computer Misuse Act 1990 This law was introduced to cope with the problems of computer hackers and viruses. The Act was introduced to recognise these three offences: 1. Unauthorised access to computer material If a member of the health centre staff uses another staff members password to log onto their user area, this is illegal. Even if they dont change, delete or damage anything, they are still guilty of accessing materials without authorisation and this is illegal. 2. Unauthorised access with intent to commit or facilitate a crime The difference between this and the first offence is that the person gaining access to someone elses system is doing so with the sole purpose of doing something illegal e.g. fraud, blackmail etc. This might mean that they had to guess or steal the password in order to get into someones user area or their bank account. 3. Unauthorised modification of computer material This offence relates to the deletion or changes made to files with the intent to cause damage to an individual or to the health centres computer system. This offence also covers planting viruses to other peoples systems. Writing a virus technically isnt a crime; but if you knowingly transmit a virus to others, you are guilty under this section of the Computer Misuse Act. Copyright, Design and Patents Act 1989 This act was passed to make it illegal to copy files, software etc without permission. The law can be broken in three ways: 1. Using software without a proper licence. The health centre must ensure it purchases a site licence which allows everyone at the centre to use the software. 2. Using text or images from the internet and using them without the copyrights owners (the authors) permission or acknowledging where the health centre got them from. 3. A member of staff copying a computer program at the health centre and then running it on their computer at home without permission from the copyright holder. 4. Health and Safety Issues Relating to Computer Use The health centre must ensure under the Health and Safety Regulations 1992 that they provide a safe working environment for anyone using computers. The health centre must :Ensure that the computer equipment is safe. 1. Ensure workstations meet the required standards for health and safety i.e. provide proper computer chairs, foot supports, lighting etc. 2. Plan work so the staff have regular breaks which allow them to do non-computer work. 3. Pay for regular eyesight tests for staff using computers regularly. 4. Provide health and safety training and information to all staff. There are various health problems associated with the regular use of computers. Here are some of the most common problems and what can be done to reduce the risks: Health Problem Cause Solution Repetitive Strain Injury (RSI) * Repetitive finger, hand or arm movements. * Poor posture. * Badly designed workstations. * Ensure wrists are straight and elbows are close to your sides when typing. * Ensure posture is correct. * Take regular breaks. Eye strain * Staring at the VDU for long periods. * Poor lighting, glare from the screen, flickering screen. * Use a screen filter to reduce glare and keep your eyes at least 18 inches away from the screen. * Ensure appropriate lighting. * Have regular eyesight tests. * Take regular breaks. Back/Circulation problems * Poor posture. * Sitting all day in front of a computer. * Ensure posture is correct. * Take regular breaks and walk to improve circulation. The use of ICT when Paying Staff WagesStaff at the health centre are paid using a computerised system and their wages are paid straight into their bank account. The benefits to the health centre for having a computerised system: 1. It is quicker and more accurate than calculating wages manually. 2. The added security that wages are paid straight into bank accounts i.e. Electronic Funds Transfer (EFT) money is transferred from the health centres account to the individual staff members account. Employees at the health centre are paid weekly. Payroll uses a system called batch processing, this is where all data is stored up and then all processed together. In order to calculate how much each employee should be paid the following inputs, processing and outputs must take place. Inputs Processing Outputs Employee payroll number, name, address, DOB, marital status, N I number, hourly rate/annual salary, pension details, holiday entitlement, days off sick etc * Employee record will be read by the system. * Each employee will be paid by the system. * Each employee record will be updated by the system * The payslip * Money is transferred from the health centre bank account to each employees bank account. * Report for the health centre detailing updates, payment etc Methods of Maintaining Data SecurityData is invaluable to the health centre if they lose their data it is very hard to replace. Loss of data would cripple the health centre in the short term and may even jeopardise its existence as a service. Measures must therefore be in place to ensure data security. Security can be viewed in terms of physical security, access security and data security.Physical Security Equipment can be made more secure by: 1. Keeping a record of all serial numbers on each piece of equipment and mark the health centres name and postcode on all equipment so the police can identify stolen property easily. 2. The health centre could have a security alarm system and surveillance system on the building as well as ensuring that windows and doors are locked after surgery hours to prevent access. 3. The closing of blinds on windows and switching off monitors at night will make the computers less visible. 4. The use of fireproof doors and smoke alarms will help reduce the risk of fire in the building. Access Security Vast amounts of data is lost due to carelessness by employees e.g. not saving work, deleting files by accident, not saving files with sensible file names and therefore are difficult to find etc. Limiting each employees access to the system with help to ensure against the loss of data to the health centres system. 1. Password -this is still the major line of defence. Restrictions can be imposed on length of password and restrictions on the times a user can access the system. 2. Firewall this is a piece of software which sits between the health centres network and the rest of the internet. It will monitor the system for any breaches of security and protect the health centres information and computing resources by allowing only messages conforming to certain protocols (agreed set of rules) to be sent/received. 3. Anti-Virus Programs this software is used to detect viruses and to limit the damage by removing them. Data Security To prevent the loss of patients records etc the health centre needs to ensure that regular back-ups are made of the data on the system using suitable backing storage (also known as secondary storage). Types of Backing Storage Name of Device Advantages Disadvantages Hard Disks * Large storage capacity 20 gigabytes or more. * Faster to access * Any problems with the hard drive may mean all data stored on it will be lost Floppy Disks * Small and portable * Data can be transferred easily between different computers. * Disks can be made read-only which will reduce the chances of data being accidentally overwritten. * Small storage capacity 1.44 megabytes. * Accessing data is slow * Being floppy it is easily damaged Optical Disks e.g. CDs DVDs * Direct access to the data. * Faster to access * CD-Rs only allow data to be written onto them only once The above list is not exhaustive and you should explore other alternatives.Website Design and Hosting There are many reasons why businesses or individuals have a website. In the case of the health centre it has a website to provide information and services to patients e.g. providing advice on minor ailments, surgery hours etc. Some other purposes of having a website: Type of Site Reason Personal * Sharing pictures/stories with friends and family Business * Inform customers of their products/services * Company news, events etc * Recruit staff E-Commerce * Advertising their products/services for sale * Offering home shopping facilities Educational * Offer information on training * On-line encyclopaedias News and Entertainment * Latest world news * Sports information A website is made up of one or more web pages. A web page is created by writing code in a language called HTML (Hyper Text Markup Language) which was developed especially to create web pages. There are many web page designs. Most good web pages share some common elements: Web Page Element Its Purpose Banner This is the area at the top of the page and is often the same on all the other pages of the web site. It may contain a company logo, search box etc Menu System This area provides navigation around the site Content Area The main content of the web page is here. It may contain, text, images, sound etc. Footer This area will often contain copyright notices, terms and conditions etc. Navigation (method of moving around the site) is important especially if the site is made up of several web pages. There are 3 main methods to of using navigation: 1. The Hyperlink when you click your mouse on a navigation hyperlink it will take you to another page. This page could be on the same website or a different website (external link). 2. The Menu System the navigation menu gives you a choice of which page you want to view next. A menu is a set of hyperlinks grouped together. There are various menu styles such as a side menu which normally sits on the left hand side of the page. 3. Hotspot this is an area on the web page which when clicked will allow you to jump to another page. It is a way for the designer to make the hyperlink invisible or for them to allow you to click on an image in order to jump somewhere else. When you hover your mouse over a hotspot the cursor changes to a little hand There are a number of ways to create and design a web page: Design Methods Software Advantages Disadvantages Straight from a Microsoft Office application * Word * PowerPoint * Simple, just save as a web page * Can only create a basic page Text Editor * Notepad * Low cost as Notepad is free with windows * You have to know a lot about HTML code * Easy to make a mistake as all the code is written by hand Web Authoring Package * Microsoft Front Page * Macromedias Dreamweaver * It will provide ready made templates * Easy to add/remove pages without breaking the site navigation * Expensive * Takes time to learn In order for other people to see the health centres web site it must be placed on a web server. This is called hosting. A web server is made up of 2 things: * A computer * Running on the computer is a piece of software called web server software. The website is loaded on the servers hard disk, when a request is made to view a web page from the health centres site the server finds it on the hard disk and sends a copy to the computer that has made the request. The WWW is made up of millions of web servers, each connected to the internet. In order to view the health centres website, the requesting computer must be running another piece of software called the web browser. The Use of Systems Flowcharts Flow diagrams are a way to work out the best order to do something. System flowcharts show exactly how the data moves e.g. the health centre could produce a system flowchart to create a new patient record. The main symbols used to develop flowcharts are: Start/End The terminator symbol marks the starting or ending point of the process. It usually contains the word Start or End. Process A box can represent a single step (add two cups of flour), or and entire sub-process (make bread) within a larger process. Decision A decision or branching point. Lines representing different decisions emerge from different points of the diamond. Input/Output Represents material or information entering or leaving the process, such as customer order (input) or a product (output). Flow Line Lines indicate the sequence of steps and the direction of flow. Data storage Indicates a step where data gets stored. For Example Save Orders Delay Indicates a delay in the process. For example Wait 1 day There are benefits and drawbacks to using system flowcharts. Here are some of them: Advantages Disadvantages Flowcharts are good way to communicate the details of a process to all concerned e.g. programmers use them to write commands that will create the computer system. Some processes are so complex that it becomes difficult to represent them clearly in a flowchart. Flowcharts can help people analyse problems, highlight bottlenecks and is a good way to document a process. If an alteration needs to be made to the system, the flowchart usually needs to be redrawn. If it is a complicated flowchart, this can require a lot of work. Flowcharts enable an organisation to have a record of standard business processes. People need to understand what the flowchart means and what the different symbols represent. You cannot give a flowchart to a novice and expect them to understand it. The Use and Analysis of Survey Data The goal in any survey is to collect accurate and complete information. In order for a survey to be effective and provide meaningful data it should be conducted in a uniform manner i.e. all respondents must be asked the same question in the same way. Conducting a face-to-face interview and the completion of a questionnaire are 2 popular ways information is collected. Advantages/Disadvantages of Interviews Advantage Disadvantage Questions are fully completed as respondents can clarify points further with the interviewer. Interviews have to be pre-planned. A time and a place has to be convenient to both individuals. An individual may cancel. Detailed information can be gathered in a variety of formats e.g. written, voice recorded. Interviews can cause a change in behaviour and respondents may feel pressurised into giving an answer they would normally not give. The interviewer can give feedback to the respondent e.g. Thats important to know. This can be used to keep the respondent talking and therefore is likely to give more in-depth answers. Interviews are time consuming, costly and information taken by the interviewer may be too detailed, illegible etc Advantages/Disadvantages of Questionnaires Advantage Disadvantage Can reach a geographically wide spread area. Poor completion and return rate. Many people can be reached in this way quickly and cheaply Points cannot be clarified further and writing may be illegible. Easy to conduct statistical analysis on. If they are simple they have little information. If they are complex they may be difficult to understand. The health centre relies on information being up-to-date and accurate in order to plan or make decisions in the short/long term e.g. depending on the number of patients the health centre has will dictate the number of doctors it has on call. The type of information gathering techniques used will depend on the type of information required: * Quantitative information This is based on numerical facts, figures and statistics e.g. number of patients who are male, sales figures etc. * Qualitative information This provides depth and detailed information. It takes into account views, judgements and opinions etc. The type of questions asked will determine the type of responses given: * Closed ended questions These can usually be answered by a simple yes or no. They are restrictive and can be answered in a few words e.g. does this answer your question? Or can I help you? * Open-ended questions They require a more broad and lengthy answer and are used to gain more information from the respondent e.g. When you say [topic], what do you mean? Or What do you mean by [topic]? Hardware Software that could be used in a Health Centre Hardware Device Function Health Centre Applications Keyboard Input Patient detail input, database, spreadsheets. Mouse Input Most computer users prefer to use this. Scanner Input Scan hand written notes into the system (maybe from previous doctor). Digital camera Input Photo ID held on the system Temperature sensor (thermistor) Input (sensor) Environmental and safety control systems Smoke detector Input (sensor) Environmental and safety control systems Proximity detector Input (sensor) Environmental and safety control systems (doors) VDU Monitor Output Any application requiring Graphic User Interface (GUI) or information display. Receptionist: to up-date appointments Doctor: to view patients history Flat Screen VDU Output As above to save space LCD Display Output As above using laptops or in bright sunlight. Have limited viewing angle. Inkjet printer Output High quality low volume graphic publications and reports. Laser printer Output Volume printing such as welcome letters to new patients, mail shots to advise patients of changes in surgery hours etc. Dot matrix Printer Output Where multi copy output is required e.g. prescriptions. Software Programme Function Theatre Applications Database I/P Process O/P GUI Patient appointment system. Mail shot production. Spreadsheet I/P Process O/P GUI Financial analysis and reporting. Control programme I/P Process O/P GUI Environmental and safety control systems e.g. fire safety system. Word Processor I/P Process O/P GUI General office purposes. Patient letters and mail shots. Control Systems A control system is a system of hardware and software thats used to control the operation of a piece of equipment. Two types of control systems: * Dedicated: these are basic systems that carry out a pre-programmed set of instructions e.g. traffic-light system- lights change at fixed time intervals. * Computer-controlled: these use a computer to control the output device, and this computer can be connected to a sensor e.g. pressure pad sensor for automatic doors. Sensors measure physical qualities in the environment such as heat, light, pressure, sound etc. In order for a computer to control something there must be three things present: 1. A means of getting the information into the computer: An INPUT 2. Instructions for the computer to do something with the input: A PROCESS 3. It then has to be able to alter something in the outside world: An OUTPUT Most computer controlled systems use a feedback loop which is when information from a sensor is used to control the output device. The sensor sends signals back to the computer and the computer decides whether to make any changes based on this information. This happens again and again in the loop system. The flowchart below shows a loop system which represents a system for monitoring light levels outdoors and turning on a lamp when it gets dark (i.e. when the light intensity is less than 50 ona scale). Computer Controlled Systems Advantages Disadvantages Computers can respond instantly to changes. The system is expensive to purchase Systems can be running 24 hours a day, 365 days a year. Special software is needed. Computers can process data quickly and machines can operate faster than humans. If something unexpected happens, the system may not be able to think for itself. In the health centre the possible control systems are: A security alarm system which may have an infra-red sensor which sends a signal when the beam is broken. A heat sensitive sensor in the corner of a room which may detect the presence of a person. Temperature sensors which could be used to control the heating in the health centre. Analogue and Digital Signals Digital and analogue are two different types of transmission systems: * An analogue signal can be represented as a series of sine waves. The term describes any fluctuating or continually changing process. An example of an analogue signal would be the data sent along a telephone landline. An analogue sensor can take a range of values e.g. a heat sensor. * A digital signal has only two values On and Off. Data transmitted or stored with digital technology is expressed as a string of 0s and 1s. Each of these digits is referred to as a bit (and a string of bits that a computer can address individually as a group is a byte). An example of a digital signal would be the data sent into a television via a digital cable. An analogue sensor can only be On or Off e.g. pressure pad sensor. Computers cannot deal with analogue signals and therefore requires an analogue to digital converter (ADC).This is used to change the analogue data into digital data to allow the computer to process the information The ADC is connected between the sensor and the computers input/output port. Once the computer has processed the data, the output often has to be converted to an analogue signal and so a DAC (Digital to Analogue Converter) is used. Database Systems used in a Health Centre A database is an organised collection of data which is organised into fields and records. The main benefit to the health centre for having a database is that it allows them to search quickly for specific patient information. Databases can be: * Flat-File All data is stored in one large table which can be viewed by opening one data file. It can be created using a database system or a spreadsheet. It is ideal for small amounts of data that needs to be human readable or edited by hand. With this type of system there is unnecessary duplicating of data which can mean that mistakes are more likely to happen during data input. * Relational Data is split up into sensible groups and then stored in separate tables. In the case of the health centre they could have a table with customer data, a table with appointment data etc. All the data is linked together by key fields and a database management system (DBMS). This means that data does not have to be duplicated. Relational databases also have built in functions which allow retrieval, editing and sorting of data to be much quicker.

Criminal Liability and GBH Problem Question

Criminal Liability and GBH Problem Question From a brief review of the facts it seems that Aisling may be charged for criminal liability under non-fatal offences against the following; Charles, Bernadette Dan. However, Aisling must realize that the prosecution would have to prove each and every element of the beyond reasonable doubt, Woolmington v DPP[1]; which is a very high standard to achieve. S.39 of the Criminal Justice Act (CJA) 1988[2] defines common assault battery as summary offences, and consequently a person proven guilty of either is liable to a fine and/or imprisonment for not more than 6 months. The prosecution, will likely assert that Aislings words constituted an assault to Charles. For such a charge to carry any liability, the prosecution will have to prove that Aislings intentional words caused Charles to apprehend impending unlawful force. The House of Lords (HOL) made it clear in Ireland [3], that words can on their own constitute an assault; as per Lord Stern. Moreover, Aisling cannot take up the defense , that she did not intend to threat Charles, but rather just wanted Charles to leave; consequently, her act of saying the words is enough evidence for a charge of assault, Logdon v DPP [4]. However, in this case, the whole conviction rests on the fact that did the victim apprehend immediate unlawful personal violence? because if Charles did not feel threatened at any moment during his conversation with Aisling, then such a conviction may not stand against the defendant. The court cleared that in situations where an assault to person is not possible, words alone could not suffice to carry any liability; Tuberville v Savage [5]. Conversely, it is necessary to understand that for a charge of assault, it is essential to prove that the victim had an appreciation of imminent harm from the defendant; it is not enough to show that as the result of the defendants actions the victim developed fear that they might be harmed on some time later in the future. Thus, it seems unlikely that such a charge would carry any liability under s.39 CJA 1988. Lastly, the prosecution must prove that Aisling either intended or was reckless to the fact that her words could apprehend imminent unlaw ful violence to Charles; Venna (COA)[6] affirmed by HOL in Savage and Parmenter [7]. This seems quite self-evident given the fact, that she intended to use those words so that Charles would leave the birthday party. As for Aislings criminal liability towards Bernadette; she may be charged on two accounts; firstly, the injury to the foot, sustained by Bernadette; Aisling may be charged under s.20 OAPA for maliciously wounding or inflicting GBH. For such a charge the prosecution must prove that the defendants actions or omissions, wounded the victim; and as per the decision in C (a minor) v. Eisenhower[8], wounding entails à ¢Ã¢â€š ¬Ã‚ ¦ a break in the continuity of both layers of the skin. Both the dermis and epidermis must be broken. However, it is noteworthy to mention that generally, minor wounds are charged under s.47 OAPA, but considering the evidence that Bernadette lost a lot of blood and required ten stiches, it is fair to assume that this criminal charge will fall under s. 20 OAPA. As far as the Mens rea is concerned, the prosecution must establish that Aisling either intended or was reckless to the fact of causing the injury/ies. Lord Diplock in Mowatt[9] made clear the correct interp retation of maliciously; and later affirmed by the HOL in Savage Parmenter[10]; that it does not matter whether the accused foresaw that their unlawful act could not cause harm to such a gravity, i.e. serious harm. All that was essential was that the accused anticipated à ¢Ã¢â€š ¬Ã‚ ¦some physical harm to some person, albeit of a minor characterà ¢Ã¢â€š ¬Ã‚ ¦. And from the facts, it is palpable that Aisling noticed the broken glass and the danger it may cause to the guests who were about to play blindfolded, but neglected the danger which she created, anyways. Such recklessness is covered by the test laid down by Lord Diplock. And, in Caldwell[11] Lord Ackner affirmed that the prosecution must prove the defendants intention or foresight, of his actions causing harm. Aisling second charge will be for the punch, which although was meant for Dan but landed on Bernadette; s.47 OAPA Assault occasioning actual bodily harm (ABH) provides for imprisonment for a term not exceeding 5 years. The prosecution must firstly, establish that there was a common assault, both assault and battery; DPP v. Little[12]; and this assault or battery resulted in occasioning ABH to the victim. Here, Aisling tried to punch Dan, but he ducked and the punch was received by Bernadette, which is battery; the actual unlawful force towards the victim, without their consent, Fagan v MPC[13]. The prosecution must establish that there was an application of force; Collins v Wilcock[14]; Goff LJ stated à ¢Ã¢â€š ¬Ã‚ ¦ that every persons body is inviolateà ¢Ã¢â€š ¬Ã‚ ¦. Any touching of another person, however slight may amount to a battery. ABH is defined in Miller[15], as including any hurt or injury calculated to interfere with the health or comfort of the victim. The 1994 Charging Standards guidelines provides a scale to determine ABH [16]. Secondly, the persecution must establish causation; that the application of force, occasioned the bodily harmed suffered by the victim. The test to establish legal causation would require the prosecution to prove that Aislings actions; i.e. punching, was the operating substantial cause of the suffering to Bernadette; Pagett Cheshire[17]; which is evidenced by the fact of the eye bruising and discomfort which lasted for 3 days. However, it must be noted that Aislings defense cannot rely on the fact that Aisling never had the necessary mens rea of punching Bernadette, as the doctrine of transferred malice will come into play and effectively transfer the mens rea of the offence from Dan to Bernadette; Latimer[18] where the defendant was held liable for injuries to a third party bystander, when the accused tried to hit the original victim but missed had hit another third party bystander. Aisling intentionally hit Dan with a vase on the head, because of the remarks he passed on her; thereby causing head injuries which caused Dan to suffer a coma for several weeks. The prosecution will push for a conviction under s.18 OAPA GBH with intent. They will, first have to prove that Aisling inflicted or caused the injuries to Dan; Wilson[19], thus it must be proved that was the defendants actions were the operating substantial cause for the injuries sustained by the victim; Cheshire[20]. Secondly, the prosecution will have to establish that the harm suffered by Dan was really serious harm, as per the HOL in DPP v. Smith[21]. Thus, in Bollom [22], the COA held that the jury must consider the age, health and the entirety of the injuries; in deciding whether the injuries sustained were grievous or not. The 1994 Charging Standards provides guidelines to determine GBH in injuries [23]. Lastly, the prosecution must establish Aislings necessary mens rea and must prove that she inte nded to cause serious harm/ GBH to Dan. As it is factually evident that she hit the vase with full force, at Dans head, it is presumable that she must have foreseen some really serious harm coming to Dan. But for a conviction under s.18 OAPA, specific intent to cause grievous bodily harm or to resist arrest is required and recklessness or foresight is not sufficient. Similarly, in Ismail[24]; the court found the defendant liable for GBH with intent, where he threw acid on the victims face, thereby causing injuries and blinding. Ultimately, it will be up to the jury to decide the question of intention guided by these principles, finding Aislings criminal liability towards Dan. (1301 Words) Bibliography Criminal Law: Text, Cases, and Materials By Jonathan Herring, 6th Edition. [1] Woolmington v DPP [1935] AC 462 [2] Section 39 of the Criminal Justice Act (CJA) 1988 http://www.legislation.gov.uk/ukpga/1988/33/section/39 [3] R v. Burstow, R v. Ireland [1997] UKHL 34 [1997] 4 All ER 225, [1997] 3 WLR 534, [1998] 1 Cr App R 177, [1997] Crim LR 810. [4] Logdon v DPP [1976] Crim LR 121 (DC). [5] Tuberville v Savage [1669] EWHC KB J25, (1669) 1 Mod Rep 3, 86 ER 684 [6] Venna (COA) [1975] 3 All ER 788 (CA). [7] Savage and Parmenter [1992] 1 AC 699, 736, per Lord Ackner. [8] C (a minor) v. Eisenhower [1984] QB 331 [9] R v. Mowatt [1968] 1QB 421 [10] Savage and Parmenter [1992] 1 AC 699, 736, [11] R v Caldwell [1982] AC 341 [12] DPP v. Little [1992] QB 645 [13] Fagan v MPC [1969] 1 QB 439 [14] Collins v Wilcock [1984] 3 All ER 374 [15] R v Miller [1954] 2 QB 282 [16] à ¢Ã¢â€š ¬Ã‚ ¦loss or breaking of teeth, temporary loss of sensory function, extensive or multiple bruising, broken nose, minor fractures or minor cuts requiring stitches. The 1994 Charging Standards http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a03 [17] R v Pagett (1983) 76 Cr App R 279 R v Cheshire [1991] 3 ALL ER 670 [18] R v. Latimer (1886) 17 QBD 359 [19] R v. Wilson [1984] AC 242 [20] R v Cheshire [1991] 3 ALL ER 670. [21] DPP v. Smith [1961] AC 290 [22] R v. Bollom [2004] 2 Cr App R 6, [23] à ¢Ã¢â€š ¬Ã‚ ¦resulting in loss of sensory function, à ¢Ã¢â€š ¬Ã‚ ¦ injuries with substantial loss of blood, injuries requiring lengthy treatment or incapacity, severe internal injuries and those resulting in significant disablement of the victim, whether temporary or permanent. The 1994 Charging Standards http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a03 [24] R v Ismail (1991) 13 Cr App R (S) 395, CA

Contemporary Issues In The Hotel Industry Information Technology Essay

Contemporary Issues In The Hotel Industry Information Technology Essay A hotel industry also represents the service profession. In fact, the hotel is like a market where there is demand and supply. It is a place where people stay, eat and visit. However, there are many contemporary issues that happened in the hotel operations. This is the reason why this study is made to find out the problems as well as give recommendations for further improvement in the hotel industry. Contemporary Issue 1 Salary Gap Between Hotel And Other Industry In the hotel industry, some organization resisted addressing this in an attempt to lower costs. Founders have focused on the firms culture in the process of keeping the industry creative. This is a method to retain and get workers as well as increasing production. The problem which lies here is the thing doesnt always go the way it is expected. The starting pay is not very high and there are many options for potential employees to seek for elsewhere. In the hotel industry, there are many opportunities of job in different departments. As an example, the human resource department, marketing department, food and beverages department and others. There are many other related opportunities in other industry but this is not the reason for employees to leave. These things are considered to be famous benefits in organizations like Google, but the only difference is the greater salary package. This is where it follows the Maslows hierarchy of needs. Rewards in monetary is a huge motivator for people nowadays in the early stage of career and they need it to establish themselves in terms of financial before able to fit into the role in such an organization. Contemporary Issue 2 Lack of Systematic Management System For the hotel industry, this is very common but if it happens together with other issues, then it must be something that needs to be solved. A clear and understood management system is able to give a coherent objective to all the staffs in the organization. If the structures are made properly, all the initiatives and measurements for staffs can be ensured following the goals and objectives of the organization. This is pay-related issue as well because it can lead to a climate of fairness due to the employees being evaluated using the similar criteria. They participate in the evaluation and are done by their supervisors on an informal basis which can be very subjective as it doesnt help to retain employees. Contemporary Issue 3 Lack Of Promotion Opportunities There appear to be an issue with the potential for promotion within the company that limits the opportunities for new employees to progress within the company. The employees who joined in the first year the company was established appeared to have a close relationship amongst themselves and with the founders. As a result, these employees hold the key executive and management positions within the company. This limits the opportunities for new employees to progress within the company. Contemporary Issue 4 Lack or Poor Quality of Internet Connection In the hotel industry, there are many lower class hotels which dont have the internet convenience for their customers. The internet has become such an important part of our lives that many cannot imagine life without it. Every day, millions of users rely on internet to help them navigate through the trillions of websites to locate the website or information they want. Most people who utilize the internet connection in the hotel will basically need the search engine. There are many search engines, but the most popular are Google, Yahoo and MSN Search. Search engines help people locate websites to shop online, to find a destination or to check facts. Academic research has been greatly assisted by the internet for it has enabled vast quantities of information to be obtained effortlessly. A search engine can be defined as a website that helps users search for information on the World Wide Web (Battelle, 2005). Search results are normally displayed in a list of results that are termed hits. The results yield information in the form of web pages, information, images and other types of files such as Word, Excel, Powerpoint or PDF. Some search engines also mine data provided in open directories or databases. Search engines work when humans enter input which is then processed algorithmically. While each search engine has its own features and operating system, all conduct searches in the following order web crawling, indexing and searching (Vise and Malseed, 2005). Information about web pages is stored by search engines. Information is then retrieved by a web crawler or spider, which is an automated web browser that follows every link on the site (Capron, 2006). Contents of each page are then analyzed to determine how they should be indexed and an index database is created for future use in queries. A query is the input typed by the user and it can be as simple as a single word. The index is then activated to permit information to be found in the shortest time. When a user enters a query into a search engine, such as key words, the engine examines its index and provides a list that best matches the search criteria. The search engine looks for the words or phrases exactly as entered. The list contains a short summary of the documents title and perhaps parts of the text. The index created from the information stored with the data and the way in which the information is indexed. How useful a search engine is depends on the relevance of the results it provides. While some key words may yield millions of results (for instance the word Monday), the key is to provide a list that is most relevant and useful to the users needs. Generally, search engines rank results to provide the most relevant first, though they vary from search engine to search engine. This is why Google has a leading edge because users find the results to be most relevant. Recommendation Employee Remuneration The hotel industry has to develop remuneration policies that improve the staff behavior and also enable the organizations to understand their objectives. The employment of such a practice is for the hotel industry to achieve competitive advantage which can encourage the potential employee behavior for the following reasons: To promote employees identification with the organization objectives The hotel industry should keep track on the attention of their employees towards the objectives of the business by relating the achievements of objectives to rewards. Such a step will increase the employees commitments while increase the success rate of the organization. The method to do so can be creating an incentive plan which includes annual bonus and profit sharing. Such method will show the employees that they will be rewarded if they give good performance. To encourage individual team of business unit performance The hotel industry should give a different type of scheme such as sales commission and production piece-rates. The reason is to ensure employees can understand they can earn more than what they are getting in their regular salary. Reward Schuster and Zingheim (1992) emphasized that people are the principle variable in organizational success. The hotel industry should develop process and policies to reward employees based on their contribution, skills and competences. The reward and solution is to improve the employees turnover in the hotel industry. It should have an aligned strategic approach with the industry in congruent with their culture. It is also better to have the policies and processes of reward modified according to the changes in the hotel industry. Employees should be valued according to their contribution, skills and competences. Sometimes, employees must be treated as a family in the organization where they can make representations on any area of reward that affects their interest. Branching Out For the hotel industry to sustain its competitive advantage, it needs to build on its strengths. These include the companys reputation and familiarity for users. Hence, companies in the industry should leverage on its brand name. Branching out are ways in which the company diversifies through its brand name. Another major strength of the hotel industry is the customer relationship management and services provided. They need to constantly formulate new ways of improving the industry and spends billions on development. This is crucial to ensure that the company stays ahead of the pack. One constant fear is that a rival that is better will emerge. Improve The Search Engine No industry is perfect and the lack or poor quality of internet connection in the hotel industry needs to be solved. For example, the content of searches is arbitrary. The user may not get the information that he is looking for. Also, there is the risk of dead ends. For instance, the user may find the citation to the article or web page, but cannot access the full page (Stross, 2008). This may not be entirely the hotel industrys fault, but it can be frustrating to users. Furthermore, searches are done by computers and results are obtained mathematically. There is no expert search feature which would enhance the process. The list of search results is based on popularity and not quality. This puts customers at a disadvantage. Finally, Googles search engine is in English. People who cannot read English (and they number in the billions) cannot use Google and this represents a loss of market share. While Google currently has a language tool that translates text into 35 languages, it may n ot be of good quality sometimes. If Google could make multilingual versions of its search engine the way Wikipedia does for its online encyclopaedia, the company could prevent loss of users to other search engines that cater to their linguistic abilities. Cloud Computing The hotel industry should implement cloud computing. Cloud computing is a recent development and refers to computing through the internet. Currently, computing is computer based as it relies on hardware and software that are stored on a PC (New York Times, 2008). Therefore, cloud computing customers do not own the physical infrastructure and rent it from third party providers. Rental is charged in the manner of utilities or on a subscription basis with few or no upfront charges. This represents tremendous cost savings to businesses which no longer need to incur massive capital expenditure on computer infrastructure. The appeal of cloud computing is that data can be accessed anywhere with internet connection. This is in contrast to the current way in which data is stored on a computer hard drive which does not permit mobile users to access data. Conclusion As a conclusion, there are more than the issues mentioned above that happened in the hotel industry. It is an industry that problems cannot be predicted and also changing from time to time. The hotel operation is the key to success and issues that happened must be successfully solved before able to move one step ahead of others in the industry.

Restaurant Industry :: essays research papers

Discussion of the problem Sanjay Thomas, a second-year MBA student at M.I.T. Sloan School of Management has three choices after he graduates. The first one is an excellent job offer that he received from a top-flight management consulting firm. The second option is to open an upscale restaurant that will serve Indian gourmet cuisine. The third option is to open the restaurant with his aunt. Each option has positive and negative aspects, but when Sanjay compares them only the financial benefits are relevant. If Sanjay takes the job offered by the management consulting firm he would earn a salary of $80,000 a year. If he decides to open the restaurant, he would face a different scenario. To figure out Sanjay’s salary he would have to take into account three variables: number of meals sold, revenue per meal, and labor cost. If Sanjay opens the restaurant in partnership with his aunt, she would guarantee him a salary of at least $3,500 a month, and in return she would get 90% of all monthly earnings in excess of $9,000. Data Analysis Sanjay estimated the following statistics for the variables that affect the expected salary at the restaurant. First, the number of meals obeys a normal distribution with a mean of 3,000 and a standard deviation of 1,000. Second, the revenue per meals is $20.00 with a probability of 25%, $18.50 with a probability of 35%, $16.50 with a probability of 30%, and $15.00 with a probability of 10%. Third, the labor cost follows a continuous uniform distribution between $5,040 and $6,860. He also estimates that there are two fixed costs. One is the fixed cost per meal of $11 and the other one is non labor cost of $3,995. All these variables and fixed costs were used in a simulation software package to forecast the expected salary on the restaurant for the two situations: one running the restaurant by alone, and the other one, running it with his aunt. Each simulation consisted of 10,000 trials. The result of Sanjay running the restaurant alone is represented in Graph A. With a mean of $10,845 and standard deviation of $8,568 (Table 1), this option shows that the expected salary would be higher than the $6,666 monthly salary that he would earn in the consulting firm ($80,000/ 12). At the same time, the standard deviation projects a high variability on the expected salary, which means that there is the potential of earning more money than at the firm and of losing money running the business.

Driven to Distraction by Technology :: Pros and Cons of Technology

The past two decades have overwhelmed the human experience with technology, along with all its distractions. The direct relationship between the mind and the body’s ability to adjust from these distractions can be extremely difficult .Further research has shown that it has become an addiction for many. Technology has significantly improved our lives as a whole through experiences such as Global Positioning System (GPS), cell phones and social networking allowing us to communicate with different people around the world. These technologies make our daily lives easier and more efficient. However, this also discusses the effects of technology on various aspects of our everyday personal experiences both with each other and with the world around us. On the other hand technologies such as cell phones have become a problem in getting students to focus in class and distracting drivers and thus, resulting in vehicle accidents. Technology is beneficial, but can also become an inescapable distraction in our lives. It is important to view technology as having the ability to make our lives better or worse, yet also as having the ability to change our personal lives and behavioral patterns. The use of technology makes our daily tasks easier, such as a better sense of direction while driving via a GPS, safety features in our cars such as Auto Drive and Auto Park. These technologies have made driving an easier and enjoyable experience as well as reducing our chances of getting into accidents. The research presented in the following article â€Å"Driven to Distraction [in car technology]† provided surprising conclusions. Professor John D Lee from the University of Iowa states the following issue: â€Å"Technology is changing very quickly. Many of these things coming into the car were not designed to be used in it.†(Edwards 8). He proves that there are a lot of in car technologies in today’s society that can demand our full attention without us even knowing, and can lead to tremendous consequences that can become dangerous distractions on the road. Satellite navigation (GPS) makes our lives easier because it can give us the correct directions to a desir ed address. This is unlike the past where the navigationally challenged would consider it a nightmare to drive to a new location. Furthermore, there are many upsides that technology brings upon students by presenting new ways of learning where technology is being used in the classroom. Within the article â€Å"Cell phones in schools pros and cons† presented by Rujuta Borkar, the advantages of having a cellular phone device in school are through emergency contact, and having a cell phone for security purposes.

Human resource management of McDonald Essay

MCDONALD’S CORPORATION: McDonald’s Corporation is the world’s largest chain of hamburger fast food restaurants which serves approximately 68 million customers on daily around 119 different countries and haves 30,000 restaurants worldwide. McDonald’s headquarter is in Oak Brook, Illinois, USA and company was started as a barbecue restaurant in 1940 by Richard and Maurice McDonald. In 1948, owners of the company reorganized the business to a hamburger stand and thereafter in 1955 businessman Ray Kroc joined the company as the first franchise agent. Ray Kroc purchased the chain from the McDonald brother and made it grow worldwide. (McDonald Corporation) The corporation itself either operates a McDonald’s restaurant or by a franchisee. McDonald’s Corporation revenues are obtained from the rent, fees paid by the franchisees, royalties and the sales from the restaurants operated by McDonald’s Corporation. McDonald’s Corporation had annual revenues of $28.15 billion in the year 2013 whereas their profits were $5.6 billion. (Yahoo finance) McDonald’s product line includes selling hamburgers, cheeseburgers, french fries, chicken items, breakfast items, desserts, milkshakes and soft drinks. Due to changing consumer taste and to survive in this competitive and ever changing environment McDonald’s Corporation has added salads, wraps, fish, fruit and smoothies to its menu list. (McDonald Corporation) PURPOSE OF MCDONALD’S CORPORATION: The main purpose of McDonald’s Corporation is to serve fast food and to do everything that can be done to respect the  customer and to have customer trust in their brand. WHY I CHOSE MCDONALD’S CORPORATION: Following are the reasons why I choose McDonald’s Corporation 1. McDonald’s Corporation is one the world largest and leading fast food chain 2. McDonald’s Corporation employs 1.8 billion people worldwide and they have one of the best HR practices 3. McDonald sells almost 75 hamburgers every second which attracts any HRM student to study their HR practices BUSINESS MODEL OF MCDONALD’S CORPORATION: McDonald earns its revenues from investing in properties, as a franchiser of a restaurant and as an operator of restaurants. Almost 80% of the company restaurants are operated by franchisees, which are bound to pay 4% of their revenue to McDonald, as well as the rent. In most of the cases, McDonald owns both the building and land which results in a stable flow of income making the franchisees bear most part of the risks. The remaining 15% of restaurants are owned and directly operated by McDonald. Considering the business model of other fast-food chains the business model of McDonald is different. Other than franchisee fee and the marketing fees that are calculated as sales, McDonald do sometimes collect rents that are also considered as sales. Other than revenues generated from the franchise agreement, McDonald may also own or they can lease the property where McDonald’s franchises are located. According to the policy of McDonald, the business does not involve itself in making any direct sale of food or any other material to its franchisees but it organizes the food and materials required for the franchises through an approved third approved logistic operators. McDonald’s is also involved in identifying the locations, developing new products and quality. HUMAN RESOURCE MANAGEMENT: Human resource management is an approach by which company’s most valued assets (people) are managed. For any company to achieve success its human resource has to individually and collectively contribute and this can only be achieved through proper management. Proper management of company human resource not only help the company to achieve its objective, but they achieve it with greater efficiency. Human Resource Management helps the organization to achieve its desired goals and success  by the help of its people. Human Resource Management, therefore, is utilized in the creation of decision on the plans of the organization. These plans are linked with employee relationships, recruitment, training and development, performance management and rewards for employees. Therefore, human resource strategies developed are to be in line with organization business plan to help the business to be successful. MCDONALD’S HUMAN RESOURCE MANAGEMENT: McDonald’s Corporation in order to achieve success and competitive advantage developed it human resource management strategy focused on four areas A) STRATEGIC HUMAN RESOURCES MANAGEMENT: McDonald’s human resource strategies and practices were synchronized to the company business strategy and thereafter the HR department helped to realized the business plan or strategy by forming it into company HR practices in relation of personal development and hiring. B) MANAGEMENT TRANSFORMATION AND CHANGE: One of the way HR function of McDonald helped organization to achieve competitive advantage is by identifying the changes required and thereafter implementing it. This strategy served as a catalyst for company successful growth. C) EMPLOYEE MANAGEMENT: HR department tried to understand the problem which employees face daily and what are their needs and thereafter making an effort that their problems are solved and their needs were met. D) MANAGEMENT OF ORGANIZATION ADMINISTRATION: It was made sure by HR department that the process of employees hiring, training, evaluating, rewarding and promotion were designed in such a way that they were in line with the strategies of McDonald. In order to align these four focus area following things were done by McDonald 1. PERSONNEL STRUCTURE: As the business model of McDonald shows that it generates most of it revenues from franchising, therefore, there are three categories in their structure which are corporate staff, restaurant workers and franchisees. The control staff which either operates from company headquarter or regional offices is responsible for controlling and managing the franchises to make sure that standards of McDonald are maintained and the products are delivered at time. Restaurant worker constitutes the biggest part of company structure. They are controlled through supervisors who report to assistant manager. Most of this staff works on part time basis and are paid on an hourly basis. Finally, the  franchises that are managed by their owners but according to the standards set by McDonalds. 2. PERFORMANCE MANAGEMENT: In order to make sure that productivity is always high the HR department has put a process in order to know which staff is not working according to the desired expectations and what solution is to be implemented to bring that staff up to the required expectations. This is done by performance review of employee that can be done anytime or the interim performance review which is carried out after each six months. Based on these performances reviews it is decided which staff will get promoted which staff requires training so his performance can be increased. This way of management not only serves as motivation for employees, but it also creates a competitive environment among the staff which in turn helps the productivity of employees to increase. 3. MOTIVATION & REWARD: Since most of McDonald staff have low wages and are paid on an hourly basis which results in large staff turnover, therefore, company has to make sure that their staff is motivated and they keep them motivated by awarding staff with different reward schemes and other perquisites. This not only increases their motivation to work for McDonald but also helps them to increase their productivity 4. TRAINING: McDonald spends almost $10 million each year and trains approximately 55,000 employees to make sure that make sure that their employees have valuable skills that are needed. At first all new employees are given introduction about the company and thereafter staff trainers train them properly to make sure they develop all required necessary skills to work in the organization. It is made sure thereafter that these employees know how to use the latest foodservice equipment and they understand all McDonald’s operational procedures. To make training much easier McDonald has published step-by-step manuals, video tapes and quality reference guides which explain each and every detail of the job process. Employees are also taught communication, interpersonal and organizational skills. This enables their employees to do their job at the best possible way and, therefore, they serve the customer with highest standards making McDonald’s customer  service as one of the best in fast food supply companies. 5. MANAGEMENT DEVELOPMENT: McDonald has designed McDonald Development Program (MDP) to develop leadership skills within employees so they can be successful leaders. Various courses of this programme are held for employees of different level of management and for franchisees. CONCLUSION: McDonalds now a day is one the fastest growing corporation and this is due to the reason of proper management of their human resources. This clearly shows that the corporation is on the right track and they have been able to keep the motivation levels of their employees high. This has been done by proper reward schemes for the employees based of their performances. Proper training is provided to the newcomer making it much easier for new employee to pick up and to get comfortable with the job quickly. However, if McDonald’s Corporation continuously strives to further improve its HRM strategies then McDonald can continue to grow at much more faster pace. Hence it can be concluded the HRM strategies of McDonald’s Corporation is in line with their business model and growth strategies and this can be verified from their success up to this date. REFERENCES Ingmar, B., Carl, F., & Hyeon, J., (2007). Institutional theory and MNC subsidiary HRM practices: evidence from a three-country study. _Journal of International Business Studies,38,_430-436 Paula, C., (2014). Many moving parts: Factors influencing the effectiveness of HRM practices designed to improve knowledge transfer within MNCs. _Journal of International Business Studies,45,_ 63-72 Seeking Alpha (2014), McDonald’s: Business Model, Valuation And Minimum Wage Legislation, ​Retrieved March 22, 2014, from http://seekingalpha.com/article/2052223-mcdonalds-business-model-valuation-and-minimum-wage-legislation UK essays (2003), Evaluating Human Resource Strategies Implemented by McDonalds, Retrieved March 22, 2014, from http://www.ukessays.com/essays/business/evaluating-human-resource-strategies-implemented-by-mcdonalds-business-essay.php McDonalds (2014), Corporate Info, Retrieved March 22, 2014, from, http://www.mcdonalds.com/us/en/our_story/Corporate_Info.html Yahoo finance (March 2014), Income Statement​, Retrieved March 22, 2014, from, http://finance.yahoo.com/q/is?s=MCD+Income+Statement&annual

Psychosocial theory Essay

Erik H. Erikson adapted and expanded Freud’s theory of development to include the entire life span, believing that people continue to develop throughout life. He describes eight stages of development. Erikson envisions life as a sequence of levels of achievement. Each stage signals a task that must be achieved. The resolution of the task can be complete, partial, or unsuccessful. Erikson believes that the greater the task achievement, the healthier the personality of the person; failure to achieve a task influences the person’s ability to achieve the next task. These developmental tasks can be viewed as a series of crises, and successful resolution of these crises is supportive to the persons’ ego. Failure to resolve the crises is damaging to the ego. Erikson’s eight stages reflect both positive and negative aspects of the critical life periods. The resolution of the conflicts at each stage enables the person to function effectively in society. Each phase ha sits developmental task, and the individual must find a balance between, for example, trust versus mistrust or integrity versus despair. When using Erikson’s developmental framework, nurses should be aware of indicators of positive and negative resolution of each stage. It is also important to be aware that the environment is highly influential in development, according to Erikson. One can enhance an individual’s development by being aware of the person’s developmental stage and by helping the person develop coping skills relative to stressors experienced at that level. One can strengthen an individual’s positive resolution of a developmental task by providing the individual with appropriate opportunities and encouragement. For example, a 10- year- old child can be encouraged to be creative, to finish schoolwork, and to learn how to accomplish these tasks within the limitations imposed by health. Erikson emphasizes that people must change and adapt their behavior to maintain control over their lives. In his view, no stage in personality development can be bypassed, but people can become fixated at one stage or regress to a previous stage under anxious or stressful conditions. For example, a middle- aged woman who has never satisfactorily accomplished the task of resolving identity versus role confusion might regress to an earlier stage when stressed by an illness with which she cannot cope. Erikson’s eight stages of development include Infancy, central task is trust versus mistrust; Early Childhood, central task is autonomy versus shame and doubt; Late Childhood, central task is initiative versus guilt; School Age, central task is industry versus inferiority; Adolescence, central task is identity versus role confusion; Young Adulthood, central task is intimacy versus isolation; Adulthood, central task is generativity versus stagnation and Maturity, in which the central task is integrity versus despair. The indicators of positive resolution for each stages are; learning to trust others for Infancy; self control without loss of self –esteem, ability to cooperate and to express oneself for Early Childhood; learning the degree to which assertiveness and purpose influence the environment, beginning ability to evaluate one’s own behavior for Late Childhood; beginning to create, develop, and manipulate, developing sense of competence and perseverance for School age; coherent sense of self, plans to actualize one’s abilities for Adolescence; intimate relationship with another person, commitment to work and relationships for Young Adulthood; creativity, productivity, concern for others for Adulthood and; acceptance of worth and uniqueness of one’s own life, acceptance of death for Maturity or in the last stage of life of being an adult.