Recent orders
Actions to be taken in an Investigation
Actions to be taken in an Investigation
Institution:
Name of Student:
Actions to be taken in an Investigation
It is important that before any investigation is done, logic needs to be sought in determining whether or not the investigation is really necessary. Dee Barnes has received some very serious complaints regarding the kind of service an important client received. The shipment was very important to Tweedle’s Widgets as the client was new and has the prospects of developing into one of the highest purchasers of their products. This thus means that the investigation really needs to be done and with a lot of urgency.
Dee Barnes should, before opening the investigations, find out whether interim relief is necessary. Are there quick actions that need to be taken to avoid further complaints during the investigation process? John Wilson promised to call Jim Johnson before noon. Dee Barnes should ensure that Jim is called and an agreement is reach. If possible she should order that the initial shipment be returned and the right shipment with correct specifications envoys to the client’s location. This help keep the customer satisfied as he will be pleased by Tweedle’s quick response to his complaint. Customer satisfaction is key in ensuring the success of a business.
The next course of action will be to determine the team that will carry out the investigation. She will need to involve members of the staff for a quick, accurate and precise investigation to be conducted. The people selected should not be people who are in one way or the other involved in this investigation. This is important in cases where the employees are asked to carry out the investigation so as to ensure transparency in the report that will later on be made after the investigation has been done. Having more than one investigator is important as there are some activities such as interviews that are best done by two people so that one will ask the questions as the other writes them down.
Dee should then determine when and where the investigation will take place. I prefer that she conducts private interview since people feel safer disclosing information in enclosed areas and are mostly honest. She should prepare the interview questions in advance so that she gets to thoroughly covers all the issues. During the interviews, she should ensure that the employees with substantive information deliver a written statement as this will serve as evidence in the event that the employee decides to change their previous stories due to the unfolding of events. Emails and other documents, whether electronic or not, that are related to the investigation should be submitted during the investigation.
Moving forward, Dee should obtain, review then preserve all the relevant documents regarding this investigation. She is supposed to ask all the witnesses to submit the documents that could help determine where the problem really occurred. These documents should be reviewed so as to get the facts right and help avoid pointing the wrong fingers. All these documents should be preserved since they will later on act as proof in the event that Dumm Industries decides to sue the company. They can also be attached to the report that will be made at the end of the report to validate the report itself.
What follows is then the preparation of an investigation report. This report should be a summary of the findings and an analysis of the information which is not consistent. The report should then conclude with the way forward, that is, the necessary course of action. The necessary course of action needs to be tailored to this particular situation. Some of the necessary actions may include revision of existing company policies, training of the employee to serve the customers better or disciplinary actions among others.
Lastly, Dee should follow up on the appropriate actions implemented after finding out the real course of the problem. This will help her learn of the actions were effective or not. If they are ineffective, then he can devise new ways to cub the root problem. However if punishment is administered to the employees who erred, it should not be disclosed as this is regarded as private personnel information.
References:
Fisher, R. P., & Geiselman, R. E. (1992). Memory-enhancing techniques for investigative interviewing: The cognitive interview. Charles C Thomas, Publisher.
Cooper, R. G., & Kleinschmidt, E. J. (1986). An investigation into the new product process: steps, deficiencies, and impact. Journal of product innovation management, 3(2), 71-85.
Case processing in the Court System
Case processing in the Court System
Student’s Name
Institution
Case processing in the Court System
Judiciary is an essential body of a nation that includes the judicial authorities which are the key in the court system. It is through judiciary that court proceeding is heard significantly enhancing the maintenance of peace and unity by listening to related cases as well as making a judgment with regards to the stipulated laws governing the country. The criminal justice system is the body recognized by the government in taking control over delinquencies as well as imposing applicable penalties to the lawbreakers are divided into state and federal systems. State criminal justice systems deal with the delinquencies committed at the state level and within its boundaries, while on the other side the Federal justice systems are involved with lawbreaking cases touching federal properties as well as the ones involving more than one state.
The Federal Court System is categorized into three levels which include the Supreme Court, Circuit Court of Appeals and the District Court of United States. This different structure of the court system carries out various functions making the nation’s judiciary system effective in performing its mandate. The significant components of the criminal justice system include courts, law enforcement, defense attorney, prosecution and corrections (Pound, 2018). They are all vital in enhancing the efficient running of the court proceedings in the critical act of facilitating justice. While processing a case in the court system, there are legal proceedings which are supposed to adhere to following the steps stipulated by the law. In this discussion, the case processing will be discoursed into an in-depth extent putting into consideration the legal process followed and the major components involved in legal case proceedings in the court of law.
Initially, before looking at the process involved in processing case at the court system, it is essential first to understand the major components of the criminal justice system. At the law implementation stage, the law enforcement officer has the responsibility of taking reports regarding various delinquencies occurring at the specified locality. The officer must investigate the crime; well gather and look after the related information that can be used as evidence. If recommended the law enforcement officer puts the suspects in custody, carries out a further investigation if stipulated by the court of law and can contribute to providing testimony during the court proceedings.
The other important component of the criminal justice system is a prosecution, where the prosecutors represent the government all through the process of court hearings; from the initial attendance of the accused in the court until the defendant sentenced or acquitted as per the national law. The decision of whether the prosecutors determine the dropping of filling the case after scrutinizing the evidence brought forward by the law enforcement body. It is the role of the prosecutors to question the witnesses, carry out presentation of the evidence and make decisions on whether to consider plea bargain negotiations from the accused (Neubauer & Fradella, 2018). The prosecutors have freedom and mandate that allows them to decide on the direction to follow in taking legal action against the case. The defendants have the right to contact the prosecutor’s office to get prior information about the prosecutor who handles their case as well as seeking any relevant information regarding the situation and informing the prosecutor on whether the defense lawyer has communicated with the accused.
The defense attorneys are another part of the judicial system who have the role of representing the accused through the act of defending the defendant against the government’s case. They are acquired through hiring where the charged have the capability of getting one or assigned to the defendant when he or she cannot afford a lawyer. The fourth segment regards courts led by the judges who have the mandate of overseeing the happenings in the court as well as making sure that the law is followed to the point. Additionally, the judges have other functions such determining whether to release the suspect before the trial, administer trials, accepting or rejecting plea agreements and they are the ones to make final sentence against the accused. The other part of the criminal justice system is the corrections where the stipulated officer supervises the sentenced suspect in prison, jail as well as in the community on parole. The correction officers have the responsibility of ensuring safe and secure facilities and environment to the accused defendant. Also, in some cases, the correction officer can prepare a pre-sentencing report which profoundly provides information that can be used by the judge in determining the sentence sentences. These officers oversee the daily imprisonment of the offender.
In the act of case processing the court system follows a specified sequence of events from the reporting of the delinquency to the final jury act. The series of events is not observed at all the times as it can differ from one case in consideration of some factors such as jurisdiction, whether the victim is a juvenile or an adult as well as the level of the crime’s seriousness (Feeley, 2017). In the society, it is evident that some cases are not reported to the legal authorities while others do not have adequate information regarding evidence for the prosecutors to develop the case. The variations among various cases make it difficult for all the instances following all the legal steps. The sequence of events for a case processing include the entry into the system, prosecution and pretrial, adjudication and the post-trial.
The first step is the entry into the system where the report is submitted, the investigation is done, and an arrest or citation might follow. The law enforcement officer will receive the report from the involved bodies such as the witnesses, the victims and other parties who have the information. After receiving the report, the law enforcement officer will take the step of investigating the delinquency where he or she will be much focused on getting precise information and evidence that is enough for the arrest of the postulated suspect. If the officer finds enough evidence to arrest the suspect, he or she is out on custody or be given a citation on when specifically to appear in the court of law at a particular time (DeLisi & Vaughn, 2014). The law enforcement officer makes decisions as per the nature of the crime among other varied factors, and the case is left open if there is no suspect or relevant evidence regarding the crime.
Prosecution and pretrial is the other step in the line of following legal proceedings in the court system. Here the prosecutor scrutinizes the evidence gathered by the law enforcement officer and decides on whether to release the accused without prosecution or to file the written charges. After the prosecutor’s act of filing legal charges, the defendant will appear on the court of law at the first time where he or she will be precisely informed about the changes as well as the individual’s rights. Here it is the judge who decides on whether to release the accused or if there is enough evidence to hold the charges. At this point, the defendant is supposed to have an attorney, and if he or she cannot afford one, the court system will provide one to represent the accused. If there is enough evidence of the crime, the court may decide to imprison the victim or release him or her on bond, bail or own recognizance. With bail, the defendant has to hand over valuables or cash to the court as it acts as security to signify that the defendant will be committed to attending the court’s trial. In determining on whether to jail, release or release the victim inboard, the judge will put the following into consideration; employment, drug abuse family ties and residence among other aspects.
It is legal for the public to have their rights where their cases listed by a grand jury signifying that the prosecutor has to reread the report for the jury to decide whether there is enough evidence or not. If the jury finds enough evidence, he or she submits a written document containing the crime charged against the defendant (Cole, et al. 2018). Afterward the defendant at a preliminary hearing where the judge might hear the evidence and whether to release or be formally prosecuted. The next step is alignment where the accused appears in the court to be informed about the charges as well as his or her rights. The act of the defendant pleads guilty with no contest and not guilty signifies that he or she admits the penalty without accepting guilt. If the offender pleads guilty and no challenge, the accused is sentenced later. In the case of a negotiable plea, there will be no trial held in the court.
Afterward, the trial process also referred to as adjudication follows which comprises of plea agreements and the trials. Here the plea agreements are mostly used to solve issues which signify that the accused has accepted to accept pleading guilty with one or more charges. The trial is done after the judge, bench trial or jury trial has been done in consideration of seriousness among other factors. The lawyer available and the prosecutor present the evidence and ask the witnesses the relevant questions. If the judge finds the defendant guilty a date for the sentencing is given and if not guilty the victim will be released. The last phase in the process is the post-trial where there is sentencing and parole or probation. After being proven guilty, the accused are given time to enable them to prepare for the ruling (Butters, et al. 2018). The penalty will depend on the on the seriousness of the crime among other factors where trials such as probation, jail, death penalty and fines. Parole refers to the act of a judge deciding not to imprison the victim but provide an outside imprisonment whereon supervision is done in the community. People detained under this kind of jail sentence can under this condition be released under parole. The defendants who go against then probation end up being imprisoned.
As illustrated above the legal criminal justice system is structured in an efficient in dealing with all sorts of delinquencies that may be experienced in the nation. According to the law an individual is treated and regarded innocent unless proven guilty by the court of law. The court system is vital in maintaining peace and unity in the nation as well as socio-economic and political stability as people do things as per the law. Therefore, it is essential to eradicate all harmful vices such as racism and corruption which might lead to deprivation of the court system and be oriented on making positive changes which will facilitate transparency and honesty to enhance societal development.
References
Butters, R., Prince, K., Walker, A., Worwood, E. B., & Sarver, C. M. (2018). Does Reducing Case Processing Time Reduce Recidivism? A Study of the Early Case Resolution Court. Criminal Justice Policy Review, 0887403418789465.
Cole, G. F., Smith, C. E., & DeJong, C. (2018). The American system of criminal justice. Cengage Learning.
DeLisi, M., & Vaughn, M. G. (2014). Foundation for a temperament-based theory of antisocial behavior and criminal justice system involvement. Journal of Criminal Justice, 42(1), 10-25.
Feeley, M. (2017). Two models of the criminal justice system: An organizational perspective. In Crime, Law and Society (pp. 119-137). Routledge.
Neubauer, D. W., & Fradella, H. F. (2018). America’s courts and the criminal justice system. Cengage Learning.
Pound, R. (2018). Criminal justice in America. Routledge.
Actions of A company on Consumers
Actions of a Company on Consumers
Student’s Name
Institution
Actions of A company on Consumers
The major aim of marketing is to create and enhance customer value. Generally, marketing encompasses exchange between sellers and buyers or between other parties. Therefore, marketing has a significant impact on a firm, its customers, its suppliers, and other parties that are directly or indirectly affected by the choices made by the firm. Marketing mostly entails enduring relationships between sellers, buyers, and other parties. The main processes involved in marketing are creation, communication and exchange or the commodities. The main idea in marketing is for a firm or an entity to come up with an item of value to many or just a single customer, who should be willing to pay sufficient amount of money in order to make the venture worthy taking into serious cognizance opportunity cost.
Corporate crisis usually leads to negative publicity, which adversely affects the image and reputation of a company. Corporate crisis can be simply be defined as non-routine and unexpected occurrence that leads to uncertainty within a company and can eventually threaten an organization major objectives (Seeger, Sellnow and Ulmer, 1998). Corporate crisis have recently been witnessed in Arthur Andersen where there have been cases of questionable accounting ethics, Firestone that has had defects in tires it manufactures and contamination of Taco Bell products by gene-spliced corn. Irrespective of the specifics of the situation, crisis, whenever they arise, often escalate to negative publicity that undesirably affect the company’s image. Generally, publicity is widely acknowledged to be more influential and credible compared to any other company0controlled communication (Bond & Kirshebaum, 1998). There is always high credibility same as negative effects, a propensity for negative information to always be weighted more compared to positive information whenever people evaluate other people, ideas or objects (Mizersku, 1982). In addition, companies are more likely get negative news from the media since the media always has preference for disseminating bad news.
Every company is subjected to legal responsibilities and therefore, is expected to follow the set law to the latter, and this directly influences the planning process of an organization. For sound operation, a firm must be sufficiently familiar with all aspects which govern the industry in which the company functions within. For example, a legal dispute that was presented in the Hill case circled around Black’s breeching of contractual and fiduciary duties by unlawfully diverting to a rival company an important which by all aspects rightfully belonged to the corporation (Delaware, 2004). Together with his associates, black had greatly gained from their ill-gotten wealth through the non-competition payments that were linked to sales of newspaper by Hollinger International since 1998 until 2002(Doolittle and Westhead, 2007). Consequently, it was reported that for Hill Corporate assets to be transferred, Black together with his associates aborted every effort to have them disclose the necessary information that was needed to be filed with SEC, and that they actually manipulated and distorted several information in the corporate records and books. They also ensured the records do not in any way reflect the transactions as accurately as required. Also, legislations on securities require the revelation of some prescribed information that concerns the affairs of the company and other public companies. This comprises of insider trading reports, financial statement, a yearly information form, material change reports and press releases (Canadian Securities Institute, 2008)
In order to effectively govern their businesses, every organization must critically think about coming up with appropriate guidelines during the planning process. Apart from governing the business, it is also aimed at protecting the company, its shareholders and employees through setting up of ethical codes of conduct. The Caux system of ethics is a scheme of principles that are well crafted to help the organization create ground rules to foster ethical practice. The first principle is to the concern of the businesses past shareholders and aimed towards stakeholders and it clearly states that, “Every business has a crucial role to play in bettering the well-being of their employees, customers, and shareholders through sharing the wealth they have accumulated over the years with them” (Bateman & Stairs, 2006). For instance, black did not honor Hill’s ethical responsibility first principle when he sold one of the company’s important asset known as the American Trucker, to a rival corporation then transferring a lump sum amount of $ 2 million payment to another related entity, and consequently benefitting himself directly at the expense of the company and its shareholders (Boritz & Robinson, 2004).
Vehicle manufacturer Toyota also suffered a serious crisis because of unintended issues with the quality of the cars it produced and this led to significant decrease in the number of clients and decline in profits. Toyota had for a very long time been known as the peak of innovation by Japanese, manufacturing industrial pioneer and quality (The Economist, Feb 13, 2010). Its automobiles are famous throughout the world for reliability, fuel efficiency and economy. Its culture and lean manufacturing techniques of constant improvement and advancement were constantly envied worldwide by its rivals. After the crisis, 9 million cars were taken back for adjustments under the potential problems involving acceleration pedals, floor mat, and braking system, all which were in one way or the other linked to acceleration problems coming from publics.
This case involved a large scale business environment that required a corporation-wide and robust plan to tackle the unexpected crisis. Since the crisis disrupted the normal operation of the organization that knocked on the implications of the company’s assets, the normal future relations of the company were greatly affected. This mainly involved the stakeholders of the company and consequently affected the survival of the company. The company employed very professional communication strategies in order to solve the crisis as well as maintain the reputation and the image that the company has in the public domain. The company used denial strategy, evasion of responsibility, corrective strategy, mortification strategy and lastly, decreasing the offensiveness of the crisis. All this ensured the company springs back to its initial position in the market and takes over its customers.
Whenever a company that deals with customers, shareholders and clients has a crisis, it goes without say that it will in one way or the other affect the reputation of the company and ultimately its profits. When the Toyota Company experienced the crisis, it made huge losses and lost millions of potential customers worldwide. I think this was justified so that the company could adjust and ensure the products it takes to the market for consumers are in their best of quality.
References
Hassini, E., Surti, C., & Searcy, C. (2012). A literature review and a case study of sustainable supply chains with a focus on metrics. International Journal of Production Economics, 140(1), 69-82.
Ivarsson, I., & Alvstam, C. G. (2011). Upgrading in global value-chains: a case study of technology-learning among IKEA-suppliers in China and Southeast Asia. Journal of Economic Geography, 11(4), 731-752.
Bateman, S. & Snell, A. (2007). Management: Leading and collaborating in a competitive world (7th ed.). New York: McGraw-Hill.
Boritz, J. & Robinson, L. ( May, 2004). Hollinger International Inc. Center for accounting ethics: University of waterloo.
Canadian Securities Course Volume 1 (2008). The Canadian Regulatory Environment. Toronto: The Canadian Securities Institute