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variables considered before sentencing an offender

Variables Considered before Sentencing an Offender

Student’s Name

Institution

Variables Considered before Sentencing an Offender

The judiciary is a branch of the government mandated with the responsibility of ensuring that all citizens or non-citizens within the state’s boundary who break the law are brought to book. The laws are written in a constitution and it is this book that helps bring peace, order and tranquility to the land. The judiciary ensures that justice is served no matter the social class of those who engage in illegal activities. There are various variables that help guide the judiciary so that it imposes an appropriate punishment or treatment on offenders. Some of these vital variables are as explained below.

To begin with, the judicial authorities must always consider the seriousness of the offence committed by the offender. It would make no sense if a citizen who trespasses into another citizen’s property and steals food is accorded the same treatment as someone who robs a bank and murders some of the individuals he took hostage. Basically there are three types of crimes namely felonies, misdemeanors and infractions. The crimes are classified according to the seriousness of the offence the most serious offence being felonies. Those who commit felonies face the risk of being sentenced to serve at least a year in jail and in extreme cases might face execution. Misdemeanors are those crimes whose seriousness is slightly below that of felonies. Infractions are considered to be petty crimes and don’t deserve jail terms most of them being local laws.

Secondly, the judicial authorities must always consider the prior records of the offender while sentencing. By considering the prior records of the offender the court would formulate facts such as that the offender is not rehabilitated or has not learnt from past mistakes or if he is a first time offender it might be concluded that it is an isolated case and thus the offender entitled to lenient charges. In case the offender has prior records of which he was not sentenced due to various reasons, the punishment issued by the judge should include punishment against such offences. The offender should however agree to have committed such crimes lest the Attorney General’s be summoned to investigate and confirm that the offender did commit the crimes.

In addition, the judicial authorities must consider the state of mind of the offender being sentenced. Competency to stand a trial is usually a question of the offender’s current state of mind. The mental state of mind of the offender at the time the actual crime was committed should also be considered. The court should consider whether at the moment of occurrence of crime the offender was able to recognize the danger or alternatively ought to have recognized the risk. If a report from a medical practitioner states that the offender’s state of mind is not sane, then the right course of action would be to ensure that the offender doesn’t mingle with the public till the mental state is restored back to normal. Otherwise it would be unjust to sentence an insane person as he or she is not cognitive.

The public opinion is another factor that needs to be considered by the judicial authorities when imposing an appropriate course of action. The court should ensure that as it passes judgment on the offenders, public confidence in the administration of justice is upheld. The last thing the state needs is the citizens resolving to other means of offering ‘justice’ because they don’t believe in the effectiveness of the system. These means include mob justice. In mob justice, not all parties are given adequate time to argue out their cases hence innocent civilians may be wrongly punished. In most cases punishment is offered through beatings and this goes against the traditions of human rights.

Last but most, the judicial authorities should offer fair judgment on cases of multiple offences. The aggregate or overall sentence should at all times be just and appropriate to the totality of the offending behavior. This is referred to as the totality principle. The court should consider the outcome of all offences committed by the offender so as to ensure that the punishment is neither too harsh nor too lenient. It should not seem like what the court is offering the offender is indeed some kind of discount for multiple actions.

In my opinion, the most important variable to be considered by the court is the seriousness of the offense. Felonies should attract more severe punishments whereas infractions should attract less severe punishments since sentencing someone to life imprisonment would for walking around naked would be unjust while severely sentencing a serial killer would discourage the acts of murder. On the other hand, the least important variable would be public opinion. This is because the public is not always right thus what they think does not always matter. The field of law should be left to the legal practitioners and a peasant farmer from a remote village in an unnamed island should not affect the operations of the court.

When issuing fines, the court should not consider the income of the offender. This is a variable that should not be used. That an offender has a high income does not warrant the court to issue a higher fine for an offence which an offender having a relatively lower income would have been fined less. Someone should not be offered treatment based on their social class but rather treatment should be offered based on equality and fairness. Suffering more financial loss should not be entertained at all costs.

References

Nowacki, J. S. (2013). Race, Ethnicity, and Judicial Discretion: The Influence of the United States v. Booker Decision. Crime & Delinquency, 0011128712470990.Hyatt, J., Chanenson, S. L., & Bergstrom, M. H. (2011). Reform in Motion: The Promise and Perils of Incorporating Risk Assessments and Cost-Benefit Analysis into Pennsylvania Sentencing.

Variable Costing

Variable Costing

Executive summaryThis report undertakes a review of marginal costing as used in the managerial accounting. It identifies various terminologies in the concept marginal costing. Logical definition of variable costs, fixed costs, CVP and breakeven analysis are key concepts covered by this report. it tries to prove the rational of marginal costing as used in short term decision making. As a costing technique it explicit and implicit various assumptions which includes, division of cost element into fixed costs and variable costs, variable costs are directly proportional to volume of production, fixed costs remains constant at all levels of production, fixed cost is shared according to production volume per unit, volume output is the only factor which influence cost and that selling price remain unchanged at all levels. This analysis gives logical evidence on the usage of this technique in three industries, manufacturing, hospitality and airline. It has been appraised and evaluated as the basis for product and service costing and identification of its strengths and weakness is critical. In this report, a comparison of marginal costing with alternative methods has thus led to its recommendation to be used in the three industries for short term. To cater for both long term and short term reconciliation of absorption and marginal costing has been recommended. In conclusion it is logical that every firm should use a costing method which is relevant to decision of the firm.

TABLE OF CONTENTS

TOC o “1-3” h z u Executive summary PAGEREF _Toc374733097 h 2Introduction PAGEREF _Toc374733098 h 3Assumptions of marginal costing PAGEREF _Toc374733099 h 3Uses of marginal costing in short term decision making PAGEREF _Toc374733100 h 4Types of costing methods PAGEREF _Toc374733101 h 4Marginal costing vs. absorption method PAGEREF _Toc374733102 h 5Advantages of marginal costing over absorption costing PAGEREF _Toc374733103 h 6Recommendation PAGEREF _Toc374733104 h 7Conclusion PAGEREF _Toc374733105 h 7References PAGEREF _Toc374733107 h 8

IntroductionVariable costing is a managerial accounting cost concept. According to Managerial accounting, by Ray. H. Garrison, Eric W. Noreen, Peter C. Brewer, variable costing is a method that has only variable cost in the unit product cost. Variable costs are costs that vary with an increase in production and decrease with a decrease in production. Therefore variable costs are directly proportional to volume of production. This technique is mainly not used for outside purpose but rather for short term decision making. Other methods do include wholly the manufacturing cost without differentiation as to whether fixed cost or variable cost. Manufacturing costs includes, direct materials, direct labor and variable manufacturing overhead. Under this managerial accounting concept there exist a logical relationship between the cost of goods (raw materials) and the manufacturing expenses which lead to the end product, result or deliverable to be placed in the market for sale. The inventory in this technique does not absorb all the firms cost fully. In this method cost of goods sold is made solely as a variable cost because it excludes fixed manufacturing overheads from cost of inventory. Fixed inventory is always expensed in the current period hence is treated as a (periodic cost) period cost while capitalizing cost as part of inventory cost is often referred to as a product cost.

Variable costing may also be called marginal costing which is the cost of goods which includes only variable costs in its unit product cost (inventory). According to the CIMA this is an accounting system where variable costs are charged to cost of units and fixed cost of the period are written off in full against the aggregate contribution. The difference between total sales and marginal cost is known as contribution. Contribution minus fixed cost you get profit. We can therefore say that contribution contributes to fixed costs. At some point the fixed cost is equal to contribution which is known as breakeven point.

Assumptions of marginal costing

It assumes that all elements of costs can be divided into fixed & variable costs, variable costs/ marginal costs are directly proportional to volume of production, Fixed cost remain constant at all levels of production. Fixed cost is shared according to production volume per unit output. To share fixed cost per unit output varies according to the volume of production, the selling price of every unit does not change at all levels of activities, the volume of output is the only factor which influence the cost

Uses of marginal costing in short term decision makingBreak even analysis is one of the short term analysis used to make decision. Break even analysis is used to determine when the firm is not making any profit or loss. This is needed in the short term rather than in long term. Break even analysis is contribution minus fixed costs which should be zero that is fixed cost is equals to contribution. Apart from break even analysis the firm can also use it in the following ways.

Pricing, to check the effect of reducing current price on profits,choose of Good Product Mix, calculation of Margin of Safety,it helps the managers introduce discounts without affecting the firm profits.

Marginal costing is used in a number of industries like, hospitality industry where prices are derived from the cost of sales mainly using the bottom up approach to pricing. It is also due to competition of the segment hence cost competitiveness has to be adopted for a firm to remain competitive in the market. The airline industry also uses the same principle as the hospitality sector hence these method can be used. It is also used in the manufacturing industry for inventory control and control of prices of every commodity and determines its selling price after calculating the breakeven point. There are various types of costing approaches used by various firms in the world.

Types of costing methodsUniform Costing. This is a type of costing which involve an agreement of two or many firms to use the same technique

Marginal Costing. This a type of costing approach where, variable cost and fixed costs are treated differently. Variable costs are included in the unit product cost whereas fixed costs are contributed for by the contribution.

Standard Costing and variance analysis. In this method is used in the manufacturing industry where there is standardization of good produced. The standard costs are estimated and then compared with the actual costs recorded thus important for cost ascertainment and cost control.

Historical Costing. This method is rarely used because it does not focus to future but costs are ascertained after they have been incurred.

Direct Costing. Direct costing method is a technique which charges all the direct costs in the product cost while the fixed costs (indirect costs) are written off from profits.

Absorption Costing. It is the practice of charging all costs, both variable and fixed to operations, processes or products. This differs from marginal costing where fixed costs are excluded.

The main methods of costing where one can have a distinct comparison of advantages and disadvantages are marginal costing and variable costing where the other typologies can fit.

Marginal costing vs. absorption methodMarginal costing always treats fixed costs in the current period which in real sense they are current periodic costs Whereas absorption costing may differ fixed overhead costs to the next period when inventories increase and

The ending inventory in the variable or marginal costing includes the variable costs while Absorption method include both the variable costs and fixed manufacturing overheads in the ending inventory

Marginal costing net operating income is not affected by increase in production volume While increase in production volume under absorption net operating income will increase with increase in output level thus increase inventories

They are used for short term decision making for price control and inventory control while Absorption method is used f0r the external purpose of the firm and mainly long term decision making

Advantages of marginal costing over absorption costingIt is easier to identify fixed costs. This method treats fixed ost in the current period which it really is unlike absorption which may carry forward fixed cost and include it in the next period. Income is not affected by changes in production volume. The volume of production affects the net operating income in absorption since fixed costs are distributed among the units of production.

Avoids misunderstandings concerning unit product costs. Under absorption method one can actually mistake product cost as Variable cost which would thus not be the case in marginal costing which include only variable cost in the unit cost.

Cost control is possible. This is because under this method one can fully ascertain costs and ensure control.

Its more easier to understand than other techniques. Managers should find it easier to understand variable costing reports because data are organized by behavior and because variable costing is much closer to cash flow.

Used in the CVP analysis. Variable costing statements is useful in the CVP analysis, it gives the relationship between the three elements which are important to every manager to make decision in the short run.

Limitation of Marginal Costing

1) it is difficult to distinctly separate variable cost and fixed cost as it is by this method. 2) The assumption of these costing techniques is often not very realistic. 3) Rather than contribution alone there are other factors that should be taken into account during pricing. For example, where fixed cost is very high, selling price should not be fixed on the basis of contribution alone without considering other key factors such as capital employed. 4) Due to its treatment separately or its direct deduction from sales, simple confusion of it as sales may lead to major problems. 5) The tax authority will not accept this method because the inventory valuation under this method will understate profits.RecommendationFrom the critical analysis of marginal costing and other alternative methods, there exists a rational for every firm in the mentioned industries (hospitality airline and manufacturing) to adopt marginal costing. This technique allows for easier cost volume analysis (CVP) which is used by managers for short term decision making on the appropriate adjustments to make to sales, production or even variable cost to achieve the desire profit. In marginal costing technique a firm is able to adjust the sales to the required level and reduce the marginal cost so as the contribution is able to meet the fixed costs and thus achieving the desired profit. For proper pricing per item variable costs or marginal costs have to be determined separately and included in the unit product cost and ending inventory. Generally it is important to use the two methods concurrently for both short term and long term decisions. Reconciliation should be made between the two methods so as counter the disadvantage of using one method which on the other hand is an advantage of the other

ConclusionCosting is one of the managerial accounting functions which needs a careful selection and evaluation of the effectiveness of every technique used by a firm. Despite the various methods of pricing a firm based on its industry should select the most effective method to the firm. Costing is the main function in every firm, the rational being every firm exists in its industry with the main aim as profit making. ReferencesCost and Management Accounting. Intermediate. ICA. p. 15. 

Performance management, Paper f5. Kapalan publishing UK. Pg 17

Maher, Lanen and Rahan, Fundamentals of Cost Accounting, 1st Edition (McGraw-Hill 2005).

Performance management, Paper f5. Kaplan publishing UK. Pg 6

Mocciaro Li Destri A., Picone P. M. & Minà A. (2012), Bringing Strategy Back into Financial Systems of Performance Measurement: Integrating EVA and PBC, Business System Review, Vol 1., Issue 1. pp.85-102.

Maskell & Baggaley (December 19, 2003). “Practical Lean Accounting”. Productivity Press, New York, NY. 

Horngren, Datar and Foster, Cost Accounting – A Managerial Emphasis, 11th edition (Prentice Hall 2003).

Consortium for Advanced Manufacturing-International

Kaplan, Robert S. and Bruns, W. Accounting and Management: A Field Study Perspective (Harvard Business School Press, 1987) ISBN 0-87584-186-4Sapp, Richard, David Crawford and Steven Rebishcke “Article title?” Journal of Bank Cost and Management Accounting (Volume 3, Number 2), 1990.

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Edward J. Vanderbeck , Principles of Cost Accounting – – Google Books. Books.google.co.uk.Retrieved 2013-03-01. 

Drucker, Peter F.. Management Challenges of the 21st Century. New York:Harper Business, 1999.

The design and implementation of Activity Based Costing (ABC): a South African surveyVelmurugan, Manivannan Senthil. “The Success And Failure of Activity-Based Costing Systems.” Journal of Performance Management 23.2 (2010): 3-33. Business Source Complete.

Just how endangered is the vaquita (Phocoena sinus)

Vaquita (Phocoena sinus)

Part 1: Threats

Just how endangered is the vaquita (Phocoena sinus)? Vaquitas are said to be short porpoises with a little slender body frames living in the Gulf of California. The specific is endemic to the Sea of Cortez in the northern area of the Gulf of California. They can be found close toshores in the shallow waters. The vaquitas have the most limited distribution compared to any other cetacean (Gerrodette & Rojas‐Bracho, 2011). They generally travel alone and sometimes in small groups not exceeding three individuals. When hunting, they have been known to swim in larger groups (Rodríguez‐Pérez et al., 2018). They have many teeth and a blunt snout adapted to survival their environments. The vaquita has distinctive dark rings in the face areas between the mouth and the eyes, and a characteristic porpoise-looking figure. It is also the smallest cetacean in the world, living in warm waters and with the ability to adapt to large temperature fluctuations. Vaquitas are predators feeding on fishes, crustaceans, and squids. The species has also been labeled as an extremely shy animal that makes it difficult for studies in their natural environment. In terms of breeding, the vaquitas mate in early summer or during spring, and a thereafter an 11-months gestation period (Jaramillo-Legorreta et al., 2019). Adult vaquitas nurse their young ones for several months before weaning occurs. Females give birth to only one calf per year.

Vaquitas are under a high threat of extinction. The vaquita is identified as one of the world’s rarest marine mammals. It is further noted that the vaquita faces extinction if measures are not taken to increase their population. The predicament of other cetaceans as an entire whole is markedly exemplified by the reduction of the vaquita in areas such as Mexico where only 10 species are said to be remaining (Jaramillo-Legorreta et al., 2019). The population is still declining despite efforts by the Mexican government to preserve their natural habitat. Unlike other endangered species in the mammal kingdom, vaquitas have not been affected by common threats such as climate change and deforestation. Although these animals are not actively and directly hunted their populations are in a stable and rapid decline due to incidental mortality caused by gillnets, a fishing tool. They are inadvertently caught and drowned following illegal fishing activities. There is a need for more research and studies on these animals in order to understand more about their predicament and how best to tackle their threatened situation.

Part II: Solutions

It is important to note that the vaquitas are not specifically targeted or hunted as an independent activity, instead they are collateral damage. Illegal gillnets are the main cause for the death, as a result of large scale fishing for maw, totoaba fish, and the dried swim bladder. There are several proven approaches that can be taken to reduce the decline of the vaquita. They include scientific and physical measures in line with environmental conservation. Scientists warn that the survival of the vaquita species is reliant on the elimination of bycatch in gillnets. According to Gerrodette & Rojas‐Bracho (2011), scientific measures relating to conservation have not been very effective in the past. This is because the primary method of vaquita’s death by the numbers is illegal fishing. It has been proven that conservation exercises are not effective in preventing the extinction of vaquitas.

Physical measures, on the other hand, have been more effective in helping to stabilize he reduction of vaquitas. Rojas-Bracho & Taylor (2017) note that there are conservation actions in place including in-place research and monitoring, water protection, and education. The Mexican shrimp sector has contributed significantly to the loss of more than 70% of the vaquita population in the last three decades (Jaramillo-Legorreta et al., 2019). The resurgence of illegal fishing industry and practices has further accelerated the race to extinction for the vaquita. Organized criminal channels have penetrated the market, seeking to gain profits from the value of fishes like the totoaba, which is also an endangered species. In response, the Mexican government has stepped up measures to curb illegal fishing, and especially using gillnets. It has begun demarcating fishing zones to push back fishing. Additionally, the Mexican shrimp industry is closely monitored for any illegal activities, paying specific attention to the illegal networks that have turned the industry into a profit mine. Consequently, the population of the vaquita has remained constant, as monitoring measures are intensified to ensure population growth. Government efforts have also largely relied on promotional campaigns from NGOs and other well wishers.

The solution lies on continued government efforts to institute physical and legal barriers to illegal fishing and the production of gillnets. The scientific community has also provided critical information to the public regarding the dangers of engaging in activities that threaten the existence of the vaquita species and other cetacean. Local stakeholders are less likely to support the solution seeing that it is critical for their livelihood. The Mexican shrimp industry employees thousands of people, both directly and indirectly. However, strict measures will have to be instituted until the population can be restored.

References

Gerrodette, T., & Rojas‐Bracho, L. (2011). Estimating the success of protected areas for the

vaquita, Phocoena sinus. Marine Mammal Science, 27(2), E101-E125.

Jaramillo-Legorreta, A. M., Cardenas-Hinojosa, G., Nieto-Garcia, E., Rojas-Bracho, L., Thomas,

L., Ver Hoef, J. M., … & Tregenza, N. (2019). Decline towards extinction of Mexico’s vaquita porpoise (Phocoena sinus). Royal Society open science, 6(7), 190598.

Rodríguez‐Pérez, M. Y., Aurioles‐Gamboa, D., Sánchez‐Velásco, L., Lavín, M. F., & Newsome,

S. D. (2018). Identifying critical habitat of the endangered vaquita (Phocoena sinus) with regional δ13C and δ15N isoscapes of the Upper Gulf of California, Mexico. Marine Mammal Science, 34(3), 790-805.Rojas-Bracho, L. & Taylor, B.L. (2017). Phocoena sinus. The IUCN Red List of Threatened

Species 2017: e.T17028A50370296. https://dx.doi.org/10.2305/IUCN.UK.2017-2.RLTS.T17028A50370296.en.