Concept of Criminal Intent Essay Example | Topics and Well Written Essays - 500 words

Concept of Criminal Intent - Essay Exampleugh it cannot be denied that these two concepts argon inevitably intertwined, the difference between the two lies in the fact that while a mortal may have sufficient motive to commit a crime, he or she may not be the one who actually intended to commit that particular crime (Koppenhaver, 2008). Hence, although motive, it being whatever reason whether person-to-person or business-related that may induce a person to become involved in criminal activity, is a requirement for the commission of a crime, intent is the concrete intention of a person to commit a crime, like murder or robbery (Koppenhaver, 2008). What then is criminal intent? In order to settlement this completely, it is important to first outline the various elements of a crime as it is a significant aspect of it. There are two main elements of a crime, the factual (actus reus) and mental (mens rea) that includes causation and proof of intention, respectively (Azuelos-Atias, 2007, p. 16).Actus Reus. Actus Reus or the factual element of a crime is the act of the commission of the crime itself and the events surrounding it, which includes the persons behavior, the circumstances of the commission of the crime, and causation (Azuelos-Atias, 2007, p. 16). The circumstances may exist prior to the committing of the act, simultaneously with it, and sometimes it may even come into existence afterwards it (Bein, 1995 cited in Azuelos-Atias, 2007, p. 16). Causation involves the establishment that the result, for instance brain persecute due to grievious bodily harm, is connected to the act of the crime (Azuelos-Atias, 2007, p. 16). It is not enough to establish cause-in-fact of the damage as legal cause is something that needs to take into consideration the time period between the criminal act and the result, as well as hostile intervening acts (Azuelos-Atias, 2007, p. 17). For example, if the victim died one year and one day after the crime happened, which allegedl y caused the death of the said victim, the perpetrator is not

Hillary R. Clinton for President in 2016 Essay Example | Topics and Well Written Essays - 1000 words

Hillary R. Clinton for President in 2016 - Essay ExampleIn a democratic country, the citizens in a process of free and fair elections elect the government. In every four-year cycle, the USA holds its presidential elections. The current USA President a Democrat, Barrack Obama, is successfully coming to the end of his tenure. According to the Twenty-second Amendment to the USA Constitution, a president can only serve a maximum of two terms. Therefore, President Barack Obama allow not be seeking re-election. Bearing this in mind the Democratic Party has received a number of potential candidates who are seeking to fit in for the presidency on its ticket. Hillary Rodham Clinton name is among the list of potential Democratic Party candidates who have expressed their interests (Stern).Hillary Clinton has a wealth of experience in the public life sentence and politics. Her experience in public life had begun long before she was the First Lady of the USA from 1993 to 2001. She attended Wel lesley College in 1965 where she was majoring in governmental science. In her setoff year at the College, she was elected the president of the Wellesley Young Republicans. It was her first public office among the many that she would later hold. She earned her law degree from Yale Law School. Hillary Clinton got unite in 1975during a private ceremony to Bill Clinton. Her life in Arkansas was busy as she joined Rose Law Firm and vent up its ranks to make partner (Carl). She was further thrust into the public limelight in 1978 when her husband, Bill Clinton, was elected the Governor of Arkansas. Being a first madam kept her engaged and busy for the next 12 years. She was juggling her duties as Arkansas First Lady, a mother, and serving on the boards of different corporations. She was thrust into the political light in 1993 when she became USAs First Lady.Hillary Clinton has over 12 years experience in politics serving in different capacities. For

Bullying and harassment can be a problem in healthcare workforce Essay

Bullying and worrying can be a problem in health vexation workforce culture. Create a position statement addressing the role of the - Essay ExampleDealing with such issues is primarily necessary in order to dampen a healthy work culture within the organization (Bullying and harassment at work a good practice guide for RCN negotiators and health care managers, n.d., p.1). The present study addresses the role of healthcare organizations and their team members in response to issues arising from bully and harassment, relevantly discussing on the ANMC competencies as well. Bullying and Harassment in health care Organization Bullying generally involves making wrong use of ones power to frighten or hurt the feelings of others who are less powerful. such(prenominal) behavior is usually malicious and insulting in nature, and nurses in organization are most commonly the victims of such behaviors. Harassment is essentially different from bullying in that it involves intentionally affecting the self-respect of men and women working in organizations. Bullying and harassment are either targeted to individuals or they may affect individuals in groups. Although effects of such acts might vary with individuals, but in general, they negatively affect the self-respect and esteem of individuals and make it difficult for them to effectively perform firearm they are present in the organization (Barber, 2012, pp.299-300). ... equently, the quality of care in the organization also gets affected, along with poor job satisfaction of the employees, increased turnover, and nonrecreational disconnection (Vessey, DeMarco and DiFazio, 2011, pp.134-149). Thus it is essential that measures are considered to prevent and control such incidents to achieve enhanced performance and quality of care which holds the greatest priority in a healthcare organization. ANMC Competencies It would be suitable to discuss the ANMC (Australian Nursing and Midwifery Council) competencies that focus on the r ole of healthcare organization in addressing challenges of bullying and harassment in the work culture. The standards set by this council clearly states the assessment needs of competencies of nurses and the expectations that the organizations have from them in meeting the demands of effective healthcare delivery. Thus based on national competency standards, nurses have to deliver as per the legal policies of healthcare delivery, be accountable for their activities and performance, recognize practices that are unprofessional, works ethically, integrates organizational polices and guidelines along with the standards of the organization, harbor the organizations culture, values and dignity, make effective use of available resources, integrates nursing knowledge and skills towards effective healthcare to patients, participates in improvement of healthcare quality, participates in the development of organization and profession contributing positively towards the profession of others as well, conducts assessment on nursing delivery, plans to achieve organizational goals in an integrated vogue focused on continuity of care, responds effectively to changes in nursing behaviors and standards, assists others for better

Explaining the role of Analytical Review Procedures in the audit of Essay

Explaining the role of Analytical Review Procedures in the canvas of pecuniary statements - Essay ExampleThese include the subroutine of analytic review procedures. In this paper, we will specifically focus on analytical review procedures define what they are, examine their role in the process of financial audit, highlight examples and lastly give their merits and demerits.Analytical review procedures or techniques can be generally be defined as the most important and expensive tools of trade an auditor possesses. Specifically, they can be defined as vital processes auditors use to give a precise evaluation of financial data presented to them by a business line client. They are used to offer a comprehensive review of business financial information. This is through the analysis of relationships that exist between the businesss financial and nonfinancial data (Rodgers, 201245).The primary role of analytical review procedures is to act as an early warning to the business under aud it review. This means the primary role of these procedures is to identify risks, which are inherent and specific to the business. These risks are identified throughout the audit process, but mostly in the first off stage of an audit process, referred to as the risk assessment procedure (Rodgers, 201256). The audit process normally has three stages. The other two stages involved are the material analytical procedures stage and the final analytical procedures stage (Johnstone, 201330). In all the three audit stages, analytical review procedures are used.In order for analytical review procedures to be effective in any audit process, they need to follow certain guidelines and best practices. These include being able to give a determination of the trends that are useful to the business and developing sensible relationships derived from historical operations of the business that will serve as guidelines in identifying future changes. Examples of these analytical procedures include the c omparison of business revenue for a period of ten years and the

Critically evaluate the extent to which intangible resources can be Essay

Critic entirelyy evaluate the extent to which intangible resources can be used to legitimise management authority in organisations - Essay ExampleThus, they argon the assets, which the company must recognize as its significant components, which are rather better determinants of the companys performance than the actual money it generates (Cameron, pp. 88-92, 2004).Most authors and intellectuals, today, cogitate on the need of knowledge workers in the modern industry to keep the ship sailing. They are of the opinion than in this uncertain world, where downsizing and losses in one company, may also affect the situation in another company, located way far from the host (TSG, p.1, 2009). On the other hand, increase in demand of a product or a service in one country, may also lead to increase in demand of the resembling product in some other culturally distinct country. Economic insecurity may often liquidate tangible resources with no prior flier and the global dilemma of interrelated companies, put greater expectations on the managers to control and organize the training from around the world on their fingertips. In these difficult times, homo resource, as the intangible resource of the company, is the most effective tool to cope up with changing situations (Andriessen, p.1 2004).Todays era is information era and all the stake of the companies requires handling and managing information critically. This information may include knowledge about the product or service cost, employees needs and concerns, competitors in the market, companys capital at hand etc. Managing company information carefully means that internal members of the organization take good care of the power entrusted upon them and channelized the information attained properly down the hierarchy. According to management research, much of the companys progress depends on the top managements efforts to align the companys resources. With respect to intangible resources, strategic competitiveness is muc h dependent on the way lower staff, age, workload, education standard, job performance, and empowerment

Contrast the three general approaches to setting prices Essay

Contrast the three general approaches to setting prices - Essay ExampleThe demand for the output would be lesser when the price is kept high, but the revenues could be more because of the high selling price. (Bovay, 2008)There are many instances of new convergences following the market skimming strategy including Mercedes Benz, Sony High-definition television, Nokia N series cell phones and so on. All these products corroborate one thing in common they are all high quality products. Setting a high price for a new product could be disastrous for products that do not offer premium quality. As price gives a perception of quality to the consumers, setting a price too low for a high quality product just to make it more affordable, is also not a good strategy. It says to the consumers that the product is not of the premium quality they expected, and deteriorates the brand image of the conjunction.Therefore, market skimming strategy is ideal for cases in which the product is innovative or does not have competition. Also, if the new product is of a strong brand, the company can use premium pricing because the consumers are less likely to switch to another product because of their loyalty with the brand. Apple Computers is an ideal example of such a case. Even though the company has several close competitors that offer the same products with the same specifications, its the perception of the brand that lets the company demand a higher price for its products.In contrast to the market skimming pricing, this strategy focuses on attracting a grand number of buyers through setting a low price for the product. This pricing strategy is usually adopted when there are a number of sellers in the market and the company wants to penetrate into the market quickly. When the consumers see the low priced product that offers them the same product that other companies are offering, they are attracted towards the low priced one. In this way, the company is able to attract a large

Abuse & Fraud Essay Example for Free

Abuse Fraud EssayIn the present health c ar system, hospital practiti 1r joint ventures make every(prenominal) the interested parties subject to a complex network of regulations and law and to the scrutiny by m each federal agencies including The United States Department of Health and Human service (HHS) The Office of the Inspector General (OIG) The Federal Bureau of Investigation and the General Accounting Office (GAO) The Federal Trade Commission (FTC) The department of Justice (DOJ) The cozy Revenue Service (IRS)In addition to this, m whatsoever hospital financial managers must thoroughly understand the complex laws and regulations that normally affect their relationship with the physicians or doctors. The Medicaid and Medic atomic number 18 abuse and artifice principle provides that a person who willfully and knowingly pays, offers, receives or solicits whatever remuneration in exchange of referring a person to the for the furnishing of any service or item, or recommend ing any facility paid for in whole by Medicare shall be guilty of a felony (Goldsmith, 2010). In most sides, this readying is referred to as the anti kickback statute.Compensation is defined in this statute as including bribes, rebates, kickbacks whether made indirectly or directly, covertly or overtly, in mental or in cash (McWay, 2003). The penalties for violating the anti-kickback statute are quite severe and include criminal penalties, imprisonment for up to five years and fines of up to twenty five thousand dollars (Morrison, 2009). Additionally, the office of the Inspector General, which is the investigative agent for the HHS, has the authority to enforce money penalties on any violators and to prohibit them from participating in any health check programs (Bauman, 2002).Given the extent of the abuse and fraud statute, there are many details of the law that have been stipulated in the courts that have broadly interpreted the statute (Bauman, 2002). According to the Center for Medicare Medicaid services (2005), the leading cases indicate that if one several objectives of payments is to stimulate referrals, it is a violation of the abuse and fraud statute. Furthermore, when referrals must be the main reason of a transaction in orders to amount to a breach, referrals still need to be the sole purpose. In the year 1991, HHS released the salutary confine regulations that described eleven exemptions from the abuse and fraud statute (Altshuler, Creekpaum Fang, 2008). Furthermore, the arrangements that satisfy the safe harbor provisions are normally protected from the scrutiny.The vast majority of arrangements amidst different providers, suppliers and practitioners will normally fall outside of the safe harbors because it is somewhat difficult to structure the arrangements that comply with all the conditions of the drawn provisions (Bauman, 2002). For the medial practitioners who are unfamiliar with abuse and fraud law, the practical effect of the rules may hamper the development of some innovative arrangements and practices that can be beneficial to medical programs such(prenominal) as Medicaid and Medicare enrollees.In addition to this, the infinite majority of health providers, suppliers and physicians who serve people with Medicare are committed to providing high quality care to their patients as advantageously as billing the medical program only for the payments that the physicians have earned (Bauman, 2002)Many health practitioners in the health industry are of the view that any kinds of arrangements that fall outside the safe harbor provisions are illegitimate (Altshuler, Creekpaum Fang, 2008). On the other hand, the failure to comply with these safe harbor provisions may signify thatThe arrangement is not intended at all to stimulate the referral of business reimbursable under medical programs such as Medicaid or Medicare.The arrangement infringes the statute and does not meet the criteria for safe harbor protection.The arrangement may breach the statute in a less serious way.Discussion based on the applicable statutes, the Feldstein case and other casesThe most known safe harbors mainly deal with investments by practitioners and providers. There are two safe harbors for investment interests one for investments in large businesses and one for small businesses. In the large business safe harbor, the entity possesses over fifty million dollars in undepreciated net tangible assets, which are related to certain medical programs such as Medicaid.In the Feldsteins case, there is an issue of whether physician or doctor recruitment can be immune from any legal attack because of a possible violation of abuse of laws and federal fraud. Unlike other abuse opinions and federal fraud cases, the facts of this case did not involve any kind of corruption. In addition to this, the facts of the Feldstein case are significant because they are a common occurrence in the medical field.Additionally, in this case, when the defendants acquired the control of the hospital, they had attempted to terminate the doctors contract because they were of the view that the doctors physician recruitment agreements had violated the federal fraud stipulations as well as abuse law. The doctor had refused to come to a settlement with the defendants and he then sued them for a breach of contract. In the courts ruling, the court decided to decline all the recruitment arrangements illegal and stated that some arrangements may be permissible at some point. The issue of safe harbors arises in this point.