Thursday, September 3, 2020
Heavy Metal Essay -- Art
Substantial Metal Substantial Metalââ¬â¢s prominence is and has been on the ascent because of its numerous groups and expanded guitar innovation. Since the mid 1960ââ¬â¢s, when substantial metal spread to the U.S. from England, it has developed in ubiquity. A considerable lot of the main groups that originated from Europe accompanied two goals; to spread substantial metal to different pieces of the world, and to cause it to develop in ubiquity. (Ragland 1). Substantial metal is a type of rock ââ¬Ënââ¬â¢ move music played on electric guitars and intensified to unnatural volume levels. Such impacts as criticism, bending, reverb, and Wah pedals are usually added to the music. These impacts make totally new sounds, abusing the conceivable outcomes of electric guitars. Most overwhelming metal music depends on death, Satanism, youth, and high school defiance. It is broken into three sub classes; speedcore, whip metal, and passing metal. Substantial metal is the general term for these three classes consolidated. It is regularly just called metal. Most overwhelming metal music is based around the electric guitar. (Ragland 1-2). Guitar innovation has changed a great deal since the start of the stone time. In the mid 1950ââ¬â¢s electric guitars were pricey and had not many capacities. Developments, for example, wah pedals, fluff boxes, contortion, reverb, and speakers have expanded the electric guitar's capacities of making new sounds and music. The new gadgets have likewise made awesome music progressively well known. More among the overwhelming metal populace than the numerous different parts of rock ââ¬Ënââ¬â¢ roll. (Hewens). Substantial metal music grasps a rockââ¬â¢s most simple components; youth, insubordination, sex, dream, and a decent time no matter what. It is coordinated towards the distance and injury that plagues juvenile life, especially among the lives if adolescent young men. They will in general consider their to be as constrained by guardians and educators. For some others, it is an approach to discharge dissatisfaction and outrage. For example, an overwhelming metal show to the individuals who like substantial metal, isn't only a melodic exhibition, loaded with expound ensembles and settings. It is a network of youngsters who partake in a common festival of youth. (Ragland 1-2). Overwhelming metal will in general be male-arranged, yet metal isn't selective to the male populace. Its essential crowds are overwhelm by white, male youngsters from criminal foundations. Ladies in overwhelming metal are typically objects of desire. They are envisioned as m... ...icion. Cash is the thing that makes the world turn round. Although that is only a platitude, it is fairly very evident. It brings joy and hopelessness into people groups lives. In Great Expectations, Pip demonstrates to the peruser that cash can truly have any kind of effect in an individual's life. In the start of the story Pip was not rich, he was living in neediness. His habits were not as incredible as a rich person's, he didn't possess quite a bit of anything, and he was dealt with ineffectively thus. Joe was not well off, and nor was Mrs. Joe. They rewarded Pip like they would any other individual, as an equivalent. At the point when he went to Estellaââ¬â¢s house, she rewarded him like he was a working kid. Just by taking a gander at him, she inferred that she was better than him since he looked poor, and she looked rich. That was the first run through Pip didnââ¬â¢t take a gander at everybody as an equivalent. He took a gander at Estella as being rich, and him being poor. As Pip gets more seasoned, he gets well off. He underestimated this and regarded the poor as he was once rewarded such a significant number of years back. He accepted that cash was power. Estella and Ms Havisham were influential individuals through his eyes. He needed to be progressively similar to them. As he turned into a man of honor, he turned out to be increasingly similar to them.
Saturday, August 22, 2020
Benefits of Non Verbal Communication Essay Example for Free
Advantages of Non Verbal Communication Essay Non verbal correspondence is characterized as specific ways that an individual conveys his contemplations and implications without really saying anything. These are the inconspicuous pieces of information that can enable an exploring to official reveal a fact while scrutinizing a suspect or observe or can lead him to more inquiries that will help the examining group. Projects, for example, CSI have given us how cops and wrongdoing scene examiners use repudiating, supplementing, subbing, emphasizing, or controlling verbal messages. An exploring official will profit monstrously from being acquainted with these strategies in light of the manner in which a wrongdoing scene is regularly disordered and witnesses who are being addressed are managing trepidation of being ensnared for the situation or maybe, attempting to cover their own inclusion for the situation. An example of a negating non verbal correspondence that he can pay special mind to has to do with the manner in which an observer reviews the occasions as it happened in a specific case. At the point when an observer is looking down while relating the occasions unfolded, that witness is undoubtedly making a memory. An individual reviewing a memory typically looks upward when attempting to recollect occasions, spots, and circumstances. Under such conditions, he should take notes and try to check all the occasions by meeting others who may bear witness to the legitimacy of the announcements recently made. He may likewise consider the manner of speaking of an individual being grilled. At the point when an individual is attempting to shroud a fact, there is a sure sound and anxiety in the voice that generally makes it raise in tone by a pitch or something like that. The official must try to pick up the trust and certainty of the observer or blamed preceding addressing to keep the individual inattentive so as to find the most honest solutions out of them. A probation officer then again should be profoundly perceptive and acquainted with the mental profile of his parolee that could demonstrate his conduct during specific circumstances so as to effectively perceive the signs being shown by the parolee when he comes in for his week by week reports. While meeting with the parolee, he ought to watch his supplementing and complementing conduct. Especially the first run through the individual goes into the room. Does he shake your hand? Does he look? Does he appear to be apprehensive and on the edge? These could signify a particular non verbal message that will give one an understanding into the genuine score behind what the parolee needs to depict as truth. He should then respond as needs be by alluring the individual to turn out to be progressively open and offer more data with him. If the parolee starts to show highlighting conduct, for example, hitting the table or tossing something, he should be set up to control the individual and attempt to wake up him from his state of mind. The one non verbal correspondence that both a researching and probation officer must rush to acknowledge are the managing non verbal specialized apparatuses. Such activities could be a straightforward look of inquiry, a trace of misery in the eyes, or the wringing of hands of the individual addressed. When remembered, he should be set up to catch up on the unobtrusive messages either by asking follow up inquiries or consoling the individual that the official is in control and everything is leveled out. Individuals state that there is nothing of the sort as the ideal wrongdoing. I need to concur with that announcement in light of the fact that any official who is recognizable and profoundly attentive with regards to non verbal correspondence signs will effortlessly have the option to catch up on unpretentious intimations excluded from the physical proof present at a wrongdoing scene or parole meet.
Friday, August 21, 2020
PMP application Essay Example | Topics and Well Written Essays - 1000 words
PMP application - Essay Example I spread out a powerful specialized arrangement with respect to how framework updates and server movement would occur. I filled in as the contact to inner and outer inspectors. I led the month to month fix audit meeting. In the execution stage, I coordinated the framework directors make a diary that would record all progressions being made to the work area frameworks with the goal that we could recuperate if there should arise an occurrence of a slip-up. I held gatherings on regular routine to monitor each progression. My organization needed to move to a server which had distinctive PHP arrangement strategy. I made, on the goal server, copies of every extra SSH/SFTP client, database and application that were on the first server, replicated all records to the goal server, and made DNS supersedes for the testing part. I advised my partners to make sections in the site to get to the substance of goal server. I revealed to them how to overhaul the DNS abrogates to highlight the moved ser ver. In conclusion, we trusted that these progressions will proliferate, and cleared the first server. I was liable for the initial four periods of task the board in this venture. I helped my partners with the idea improvement for the site. I characterized the reason, partners, the fundamental blueprint of the organizationââ¬â¢s predispositions, constraints and beginning necessities, and the expectations. I investigated the official prerequisites, business advantages and objectives, usage necessities, useful and money related prerequisites, framework necessities, and specialized examination and structure which incorporated an investigation of the equipment and programming apparatuses required. I, alongside different individuals, recorded the briefs, set the achievements, and doled out assignments. In the wake of preparation the customer outwardly, I set down fundamental segments of the site and plotted out how they were going to function along. Hazard assessment was one significant advance in which I adjusted the projectââ¬â¢s time and cost. I made the organizing condition and s tarted the creation manual for which I included all the
Monday, June 8, 2020
Sex and Hate on Social Media - Free Essay Example
Sex on social media is the exchange of materials that contain sexual contents between different people through social platforms especially the internet. Hate on the other hand, is the exchange of contents that promote violence which is based on the race, ethnic group, nationality, gender differences, ages, religious groups, or disabilities between various individuals especially through the internet and social platforms. Internet has made easier the scattering of information and conversation of throughout the world which has brought with it negative impacts on the sexual orientation and the quality of interactions of people with the youths in the society taking full control. This has brought a negative impact on the social norms of adolescents contributing to the risk of their behaviors resulting in life-long results that are consequential to them. The social media that make information about sex and hate include; television, music videos, videocassette recorders and the internet through social platforms such as Facebook, Instagram, Twitter, WhatsApp among others. This essay will look into how sex and hate have been used in the social media and internet including some of the effects of the spread of this vices. Sex traffickers in the world use social media to get in touch with helpless youths and teenagers and eventually sell them into sex works where these youths are misused. These traffickers may use the teenagers to benefit themselves by making money by introducing the victims into acting sex with little or no pay or raping them to satisfy their bodily desires or selling them to other sex workers to use them in their businesses. Eventually the sex traffickers contact the relatives of these teenagers through social platforms demanding a lot of money from them in exchange for their children after misusing them. The mistreatment by these sex traffickers may cause body harm to the teenagers and youths through rape, psychological suffering or even physical injuries as they try to escape the mistreatment by the traffickers. Hate has been spread through hate speeches in the social media and the internet throughout the world. Hate speech is the use of expressions that cause harm, incite people to hurt others or propagate dislike and disunity among different groups of people in the society. This expressions and comments contain racism, disregard the esteem and respect of other people, disregard the religion, gender, culture, age, and ethnicity of other people in the countries and world at large. This expressions may fuel discord among people and they may lead to bloodshed due to wars fuelled by the hate speeches (Paniagua Sapena, 2014). This wars and disagreements may be between countries, different races, different religions, and so forth. Hate speeches are used to create disunity among people or countries in different parts of the world. Hate speech has also been used by political leaders in social media and the internet to incite the citizens of a particular country against certain political parties in order to win their favor during the elections of the different leadership posts in the country. This is seen when elections approach as political leaders are trying to win more voters into their side (Paniagua Sapena, 2014). They use messages designed to degrade, dishearten or incite people to political upheaval or biased actions against other people or another group of people based on their political affiliations or language. Social media platforms such as magazines, televisions, newspapers, radios among others are used to disperse this information to all parts of the country causing uncertainties such as demonstrations and violence which results into bloodshed and political instability in the country. Sex in social media and internet has been used to promote same gender sex and marriages throughout the world. Homosexuality such as gayness and lesbianism has been promoted through social media and the internet through sale of movies, photos and videos that expose people of the same gender getting intimate through kisses, hugging, curdling or actual sex (Paniagua Sapena, 2014). This has promoted this same gender marriages and sex in the society especially among the youths as this portrays this practice as one that is accepted in the world at large causing the vulnerable youths to adopt this behaviors in their life. This is evidenced by the practice of such behaviors in institutions such as primary, secondary, universities and colleges leading to moral decadence in this institutions. Sex has also been used to campaign against the same sex marriages and sex around the world by researchers from different parts of the world (Paniagua Sapena, 2014). This has been carried out by getting the views of different people from various parts of the world through social media by posing questions to people through social media and comparing the proposers and the people on the opposing side. Video clips, photos, and movies containing homosexuals are posted and the reactions of different people taken note of and recorded and examined. The statistics are then used to ascertain the stand of the people with regard to homosexuality in the society. Hate groups have been formed in order to criticize high levels of immigration to different countries of the world. These groups molest individual people moving into other countries for permanent residence (Paniagua Sapena, 2014). These groups spread racist messages aimed at influencing the opinions or the behavior of large numbers of people against immigrants. The hate groups also come up with theories that have no basis in facts in order to incite people against high levels of immigration. This propaganda has caused fear of foreigners in different countries in the world thus leading to the reduction of people moving into other countries to live there permanently. It has also led to deporting of people back into their countries and the killing of innocent people because of the fear of strangers and feeling of insecurity around strangers in other countries. Hate has been used in the social media platforms and the internet to express hostility and bitterness towards certain religions such as the anti-Muslim hate groups (Lenhart, Purcell, Smith Zickuhr, 2010). This group hold some conspiratorial views towards the Muslim community and exhibit extreme hatred towards them. They portray Muslims as nonsensical, not accommodating and not peaceful and their faith is seen as one for homosexuals and women without values common with the way of living of other people and one for violent politics rather than a religion. They see Islam as evil and unmovable religion and therefore they are bend to eliminate it (Lenhart, Purcell, Smith Zickuhr, 2010). This has led to conflicts between this group and the Muslim community which has caused a lot of bloodshed. Hate has been used in the social media to spread false ideologies which are anchored on racist beliefs that white people are better than people from other races in many ways and that the whites should rule all the other races in the rest of the world. The white supremacists are the leaders of this hate group and they oppose the Jews and the non-Protestants as their main enemies (Lenhart, (Purcell, Smith Zickuhr, 2010). They hold their political, social, historical and institutional structures as being superior to those of the non-whites. This group also considers various specific racial and cultural groups as their primary enemies. This has led to discrimination of the non-whites in the world through the social media and the internet which has caused disunity among these groups. In conclusion, sex and hate have been used in the social media and the internet to carry out various vices and virtues as discussed above. Sex has been used to campaign against homosexuality in the world, it has also been used to promote same gender sex and marriages and it has been used by sex traffickers to get in touch with vulnerable teenagers and introduce them into se work in different parts of the world. Hate on the other hand, has been spread through the social media using hate speeches against different groups of people, it has also been used by political leaders to incite people against rival political parties, more so, it has also been spread by anti-immigration hate groups through the social media and the internet, nevertheless, hate has been used through social media by the First Draft.
Sunday, May 17, 2020
Why Teen Girls Drop Out Of School - 1171 Words
ââ¬Å"In 2013, there were 26.6 births for every 1,000 adolescent females ages 15-19, or 274,641 babies born to females in this age groupâ⬠(Hamilton, 2013, para. 1). In Guernsey county, there was a rate of 29.4 live births for every 1,000 teenagers between the ages of 15-19. This is a problem because becoming a teenage parent is a very difficult task to endure. A girl, between the ages of 15-19 still has a lot left to do in her life before she begins to think about having a family of her own. Most girls between these ages donââ¬â¢t think about the consequences or how their lives would change; while some girls think itââ¬â¢s a way to get their boyfriend to stick around, and itââ¬â¢s not. Becoming pregnant wonââ¬â¢t make a man stay; if he wants to leave, he will.â⬠¦show more contentâ⬠¦7). ââ¬Å"For many years abstinence has been viewed as a decision based upon a religious or moral belief (Salinas, 2005, para. 2). For example, Christians believe that it is a s in to have sexual intercourse with someone before marriage. You donââ¬â¢t have to be a virgin to practice abstinence (Gavin, 2013, para. 3). A person can decide to better themselves by choosing to become abstinent to prevent becoming pregnant and sexually transmitted diseases. Abstinence prevents pregnancies but it also prevents the passing and receiving of STDââ¬â¢s. Sexually transmitted diseases can spread through oral-genital sex, anal sex, or even intimate skin-to-skin contact without actual penetration, so avoiding all types of intimate genital contact is complete abstinence (Gavin, 2013, para. 5). Many teens donââ¬â¢t want to be abstinent, so getting your daughter on birth control, or convincing your son to use a condom also can help prevent these unintended pregnancies. There are many types of birth control; including the Depo Provera shot, the pill, NuvaRing, the rod, and condoms. The Depo shot is a shot that a female would get approximately every three months (or every thirteen weeks) and is more than ninety-nine percent effective.The shot contains a hormone that prevents the ovaries from releasing eggs, and it also thickens cervical mucus, which
Wednesday, May 6, 2020
The Current Health Care System Essay - 1681 Words
As it has been alluded to, the current health care system heavily depends upon each subdivision to compensate what the other program lacks. However, the current system is an example of how the ideal of shared responsibility may be abused in some instances, although the ideal is still an option if used efficiently. The term ââ¬Å"economics of responsibilityâ⬠is used to convey an opinion outside the mainstream economists that government, employers, and individuals should share health care cost, although it is made clear to state that furthermore, they have a responsibility to do so. The idea conformed from J.M. Clark in a separate article where he terms ââ¬Å"free market individualism and the notion that the public interest will be adequately served by an absence of intentional action as the economics of irresponsibilityâ⬠(Champlin Knoedler 10). Therefore, the current system is very true to the definition in being irresponsible with the wellbeing of the American people. The insurance industry is dependent upon its coordinates for its wellbeing, as are the American people for their overall wellbeing. The issue at hand requires a vivacious social awakening. A social movement that understands that responsibility is a ââ¬Å"social constructâ⬠, rather it be perceived as a shared accountability. For best intents and purposes, health care is not a commodity, rather it is a patient based service rooted in altruism. During the civil rights movement, Dr. Martin Luther King described the healthShow MoreRelatedThe Current Health Care System1632 Words à |à 7 Pagesthere are over 39 million Americans with no health insurance coverage. The current health care system mandates individuals purchase health insurance coverage from private insurance companies to access healthcare systems. Access to comprehensive health care should not be considered a commodity because health is fundamental to the well-being of individuals. 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Homeopathy (2683 words) Essay Example For Students
Homeopathy (2683 words) Essay HomeopathyRunning head: HOMEOPATHY Theory of HomeopathyAbstractA large portion of the United States population believes that alternative approaches to health care are less evasive and more effective than so-called Western medicine. This report looks at the efficacy of homeopathy. As this therapy moves into the mainstream there is a need for doctors and nurses to understand its benefits and possible adverse effects. Theory of HomeopathyHomeopathy is a type of medical treatment that is based on the theory of treating certain diseases with very small doses of drugs that, in a healthy person and in large doses, would produce symptoms like those of the disease (Webster, 1982). From the transcripts of ?Talk of the Nation? (National Public Radio), the question of,What is Homeopathy? was asked to Dr. Judith Reichenberg-Ullman. She is naturopathic physician, board certified in homeopathic medicine, president of the International Foundation for Homeopathy, and author of, ?Homeopathic Self-Care ?. Her reply was:Its an approach that treats the whole person, and it uses the law of similars, which means that we use the same substance which would cause symptoms in a person in a healthy person to treat those same symptoms in a person who has them. Homeopathy is one of the fastest growing areas of alternative medicine. Homeopathic remedies are sold in pharmacies over the counter although some homeopathic drugs can be obtained by prescription only. Since homeopathy is attracting more interest and therefore an ever-increasing number of patients, it is also appealing to a large and quickly growing number of practitioners as well. Some of these are medical doctors who are frustrated by what they view as the limitations of conventional medicine. These professionals, who are utilizing homeopathy as an alternative medical treatment to offer their clients, are seeking methods that emphasize treating the entire patient as opposed to focusing on just the illness, as conventional medicine tends to do. Homeopathy closes the distance between healer and patient. A gap that some argue mainstream medicine not only created but continues to widen with its tendency towards coldness and indifference to its patients. Homeopathic is effective for a wide range of ailments such as colds, flu, arthritis, allergies, and sprains to name just a few of the maladies for which there are homeopathic treatments for. But even homeopathys most devoted supporters can not explain why it works, only that it does work. Critics of the homeopathic methods argue that the fundamental ideas behind homeopathy defy the laws of chemistry and physics and that its theory makes no sense in the scientific world. (Langman, 1997). They also claim that homeopathic cures are due to the so-called placebo effect; that the patients and professionals of homeopathy believe so strongly in their treatment that their belief system is actually the cure, not the homeopathic method used. (Langman, 1997). Homeopathys newfound success also dismays many physicians, scientists and consumer advocates who regard the homeopathic formulas as ineffective, at best, and dangerous, at worst. Theyre especially concerned that by attempting to cure their ills with the homeopathic method, patients will not seek assistance from established treatments for very serious, perhaps life threatening ailments. Whether the treatment is mainstream or alternative medicine, as is the homeopathic method, there will always be critics as well of converts. Regardless of the criticism, as alternative medicine becomes more prevalent in western society there is a need to further educate nurses and other healthcare providers as to the advantages and possible disadvantages of homeopathy. Homeopathy is an alternative system of medicine that was founded in the early nineteenth century by a German physician, Dr. Hahnemann. It had its greatest popularity in the late nineteenth century in the United States. During that time as many as fifteen percent of the doctors in this country were homeopathic practitioners. However, with the advent of modern medicine, homeopathy began to appear out dated and primitive. Modern medicine seemed more advanced and probably more civilized as well. The popularity of homeopathy greatly diminished. (World Book Encyclopedia, 1998). Homeopathy has seen a resurgence of interest in the United States and other areas in Europe in just the last fifteen to twenty years as patients have began questioning the effectiveness of modern medicine. Homeopathic books can be found in many bookstores and homeopathic physicians in most towns and cities.(World Book Encyclopedia,1998). As the practice of homeopathy become more prevalent in these modern times, it seems apparent that patients are seeking more than the current practices of medicine have been providing; treatment that is safer, less evasive, and which treat the disease and the patient simultaneously. Classical homeopathy rests on three principles: the law of similars, the single medicine, and the minimum dose. As mentioned earlier, the law of similars states that a disease is cured by a medicine that creates symptoms similar to those the patient is experiencing in a healthy person. Therefore an important part of the prescription of a homeopathic medicine is a lengthy interview to determine all the symptoms the patient is experiencing. The homeopathic physician then determines which medicine that best matches the symptoms that the patient is experiencing and prescribes it to the patient. The principle of the single remedy states that a single medicine should cover all the symptoms the patient is experiencing mentally, emotionally, and physically. For example, a classical homeopath would not prescribe one medicine for a headache and another for an upset stomach if a patient were in his office with complaining of both. He or she would find a single medicine that covered both symptoms and prescribe it. (Encarta, 1998). The Applications Of Technology In The First Decade EssayAnother strong example of the successful integration of conventional and homeopathic treatment was demonstrated in the study on Nicaraguan children suffering from diarrhea. (Jennifer 1994). The children were given oral rehydration therapy, a special salt solution that keeps children from dying by helping them retain water, but does not cure the underlying infection of which the diarrhea is a symptom. The study showed that the administration of individually chosen homeopathic medicines sped up the underlying healing processAnother integrative approach is exemplified in the treatment of asthma. A study published in the Lancet showed that conventional allergy testing was useful in selecting a homeopathic medicine that provided benefit (Khuda-Bukhsh, 1991). Researchers used conventional allergy testing to determine what substance people with asthma were most allergic to. They then gave this substance in homeopathic doses to the su bjects, and these subjects had significantly fewer symptoms of asthma than those subjects given a placebo. The researchers called this approach homeopathic immunotherapy. An integrative approach may sometimes mean that homeopathic medicines are used first, and then, only if they were ineffective, would conventional therapies be used. The reverse approach is also possible and is presently more common; most people have already used many conventional treatments without adequate success and are now seeking homeopathic care for their conditions. As people become increasingly familiar with homeopathy, it is likely that they will use these natural and safer medicines prior to the more risky therapeutic interventions offered by conventional physicians. Part of the trick to making either homeopathic or conventional treatments work is to seek the care of well-trained professionals and to give their treatments reasonable time to act. Sometimes a person is in severe pain, and while it may be po ssible to find the correct homeopathic remedy, he or she wants a higher degree of certainty that relief will be rapid. In such instances, it makes sense to use conventional medicines at least temporarily, while homeopathic medicines are recommended after the acute crisis is diminished or over. Homeopathists utilize highly diluted forms of a substance which causes particular symptoms in healthy people, can be given to someone ill with those symptoms. Once stimulated by the substance, the body goes on to heal. There are over 2000 homeopathic remedies, made from plant, mineral and animal sources. They are prescribed on the basis of health history, body type, and physical and emotional symptoms. (World Book Encyclopedia,1998). The focus is to treat people who are unwell rather than the diseases. The first visit is likely to be an hour or so long, and involve lots of questions and answers as the homeopath gets your background. Ten people with headaches may each get a different remedy. Th ese patients tend to be skeptical of the so-called homeopathic remedies found in health shops and chemists, where one bottle containing a combination of remedies supposedly treats the same condition in everyone. The theory of homeopathy has no known scientific basis. It is true that small amounts of a substance may stimulate the body to fight against larger doses of that substance since this is how many vaccinations work. But in homeopathy, the amounts used are so diluted, the remedy may not contain even a single molecule of the original substance. Science says it therefore it cannot be effective. One response by homeopaths is to suggest that the diluting liquid must contain a memory of the original substance. Some published trials have found no support for homeopathy, but others suggest it has an effect on problems as diverse as diarrhea and mosquito bites. Medical conditions that patients most utilize homeopathic methods for:General malaise 15%Allergy 11%Gynecology/obstetrics 7%Stress/anxiety 7%Advantages most commonly quotedHarmless, no side effects Natural The disadvantage most commonly quoted regarding homeopathy is that the treatments, particularly the drugs can be expensive and the ti me for the treatments to work can sometimes be long. (Consumer Online). Although the concept of integrative medicine makes sense, one should not have a narrow viewpoint about the subject. It is not always easy, therapeutically effective or cost efficient to use homeopathic and conventional therapies concurrently or even in sequence. Sometimes a patient, with the advice of his or her physician, must decide to use one approach or the other. As is the case with all medical treatments the patient should be properly informed and educated about the illness they suffer as well alternatives in therapies. Ultimately it is the role of the clinician to inform patients of the risks and benefits of the various prospective treatments available. Unfortunately, while there may be a body of research to show that certain conventional medical treatments are effective in treating a specific disease, symptom, or laboratory reading, this does not necessarily mean that this treatment actually improves the overall health of people. The same limitation can be said about homeopathic research to date. There is presently inadequate research regarding true cures that isnt easily disputable. It is indeed difficult for clinicians to provide patients with concrete evidence and obvious data to ease the decision making process. Clinicians must therefore be humble, and they should remember the words of Hypocrites who insisted that physicians should: First, do no harm. Medicine Essays
Monday, April 20, 2020
Rise of Russian Business Elite Essay Example
Rise of Russian Business Elite Essay Communist and Post-Communist Studies 38 (2005) 293e307 www. elsevier. com/locate/postcomstud The rise of the Russian business elite Olga Kryshtanovskaya a, Stephen White b,* a Institute of Sociology, Russian Academy of Sciences, Moscow, Russia b Department of Politics, University of Glasgow, Glasgow, UK Available online 24 August 2005 Abstract The early 1990s saw the formation of a new group of Russian property owners, often derivative of the late Soviet nomenklatura. The richest and most in? uential were known as oligarchs, and they established a dominant position in the later years of the Yeltsin presidency. Only 15% of the 1993 business elite still retained their position by 2001, after the 1998 devaluation of the currency. Those who took their place were younger, less metropolitan, better educated and more likely to have a background in government, including many who had enjoyed ministerial status. The new business elite is less personally ambitious, but its political in? uence is no less considerable and its representation in decision-making bodies has more than doubled over the post-communist period. The logic of development is towards a concentration of economic power in the hands of 20e25 large conglomerates in a politically subordinate association with government, along South Korean lines. O 2005 Published by Elsevier Ltd on behalf of The Regents of the University of California. Keywords: Business; Elite; Oligarchy; Russia Introduction The Soviet system allowed di? erences of income and private accumulations of wealth. But it did not permit the private ownership of factories and farms, or even of * Corresponding author. Tel. : C44 141 330 5352; fax: C44 141 330 5071. E-mail address: s. [emailprotected] gla. ac. uk (S. White). 967-067X/$ see front matter O 2005 Published by Elsevier Ltd on behalf of The Regents of the University of California. doi:10. 1016/j. postcomstud. 2005. 06. 002 294 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 small businesses; living o? the labour of others was ââ¬Ëexploitationââ¬â¢, and a criminal o? ence . These restrictions were being relaxed even before the end of communist rule, and a central feature of the policies that were followed under Boris Yeltsin after his election as Russiaââ¬â¢s ? rst president in the summer of 1991 was the shift of productive resources from the state to private individuals. We mustââ¬â¢, Yeltsin insisted, ââ¬Ëprovide economic freedom, lift all barriers to the freedom of enterprises and of entrepreneurship and give people the opportunity to work and to receive as much as they can, casting o? all bureaucratic constraintsââ¬â¢ (Yeltsin, 1992: p. 6). In line with these policies, successive programmes of privatisation transferred state property into private hands; income di? erentials widened rapidly; and at the top, a new group of super-rich emerged, whose assets commanded respect not just within Russia itself but internationally. We will write a custom essay sample on Rise of Russian Business Elite specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Rise of Russian Business Elite specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Rise of Russian Business Elite specifically for you FOR ONLY $16.38 $13.9/page Hire Writer They became known as the ââ¬Ëoligarchsââ¬â¢, with resources that typically combined banking, sections of industry and the mass media. 1 There were 15 of these wealthy magnates, and every Russian knew their names: Rem Vyakhirev, Boris Berezovsky, Vladimir Gusinsky, Vagit Alekperov, Vladimir Potanin, Mikhail Fridman, Mikhail Khodorkovsky and others. For 3 years, from 1995 to 1998, their power and their ratings rose steadily. Within government itself they had their ââ¬Ëownââ¬â¢ ministers, o? cials and deputies. Berezovsky claimed personally to have secured the re-election of Boris Yeltsin in 1996 through the media campaign he had sponsored (Financial Times 1 November 1996: p. 17). He was known to be a member of the ââ¬ËFamilyââ¬â¢, the inner group around Yeltsinââ¬â¢s younger daughter who appeared to exercise decisive in? uence in the presidential court. Indeed it began to appear as if the state itself had been ââ¬Ëprivatisedââ¬â¢, and that all important decisions were being taken by a small group of ? nancial magnates. It was certainly true that many of the countryââ¬â¢s key positions were occupied by creatures of the major corporations, and that Duma parties were ? ling their foreign accounts by pushing through the kind of agreements the oil barons found most advantageous; some even did well out of the Chechen war. Who, asked analysts, really ruled the countrydpoliticians or businessmen? The crisis of August 1998, when Russia defaulted on its international debts and the rouble was in e? ect devalued, had profound e? ects throughout Russian public life, and no less upon its social structure. Some of the oligarchs were ruined (including Vladimir Vinogradov of Inkombank and Alexander Smolensky of SBSAgro); a few withdrew from public life, and others sought refuge abroad. Equally, There is already a considerable literature. In English, see for instance Khlebnikov (2000), Silverman and Yanowitch (2000), Rutland (2001), Ho? man (2002), and de Vries et al. (2004). In Russian, see Kukolev (1995a, b, 1996), Kryshtanovskaya (1996, 2002a, b) (on which we have drawn), Pappe (2000), and Mukhin (2001, 2004). The research that is reported in this paper was assisted by the Economic and Social Research Council under grant R000220127 in association with the Ministry of Defence under grant JGC902. Research on Russian business leaders has been conducted in the Elites Department of the Institute of Sociology of the Russian Academy of Sciences on the basis of a consistent methodology since 1993. In each case, an expert survey is used to identify a number of named members of the business elite (in 1993 there were 115 such names, and in 2001 there were 119); in a second stage, the biographies of these entrepreneurs are subjected to a more detailed analysis on the basis of interview as well as published data. 1 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 295 here were changes in the relationship between government and the business elite, particularly after the election of Vladimir Putin as president in March 2000, as the regime began to pursue a policy of ââ¬Ëequal distancingââ¬â¢ towards them. Putin, indeed, had promised that any ââ¬Ëpower-hungryââ¬â¢ oligarchs would ââ¬Ëcease to exist as a classââ¬â¢ (Segodnya 20 March 20 00: p. 1). But what did this mean? The beginning of a struggle by the state with the oligarchy as a whole, or just with individual oligarchs? And did this mean that private business was beginning to play a smaller role in Russian politics, or, on the contrary, that its power had increased? In what follows we look ? rst at the emergence of the business elite, and then at the structural changes that have followed the collapse of the currency. We argue that over the whole period there has been a renegotiation, but not a dissolution, of the interpenetration of business and government that de? nes an oligarchy. Identifying the business elite We de? ne the business elite as the top echelon of entrepreneurs, who thanks to their ? nancial and economic resources have a signi? cant in? uence on the taking of decisions of national importance. The business elite, for our purposes, are a much more restricted group than the countryââ¬â¢s major businessmen, including the largest shareholders (and sometimes top managers) of the leading enterprises and banks. The owners of some Russian corporations prefer to keep their distance from politics, although the scale of their business may be very substantial. And there are others for whom politics may be their main activity. Corporations of the ? rst kind can have considerable in? uence on the national economy; corporations of the second type have more in? uence on political decision-makers, and their role in the economy itself may not be signi? ant. In other words, the possession of substantial capital is a necessary but not su? cient criterion for membership of the business elite. 2 At a certain stage in the Russian reforms the business elite could have been regarded as a part of the ruling group of the society, a result not just of the resources they controlled and their degree of in? uence, but also of their origins. The ââ¬ËKomsomol economyââ¬â¢ in which the current business elite originated was a creation of the Soviet nomenklatura, which became the basis for the formation of a Russian property-owning class (Mawdsley and White, 2000: pp. 95e299; Martynova, 2001: ch. 4). The relative youth of individual members of the business elite in these early Our de? nition is close to that of other scholars. For the Russian Sociological Dictionary, for instance, the ââ¬Ëeconomic eliteââ¬â¢ should be understood as the ââ¬Ëpeople who control the main ? nancial-economic structures of a country independent of judicial forms of ownershipââ¬â¢; they may be divided into the directors of state enterprises, and the ââ¬Ëbusiness eliteââ¬â¢ proper (Osipov, 1998 p. 638). For Ashin and colleagues, the business elite is the ââ¬Ëtop stratum of the entrepreneurial-? ancial group of the societyââ¬â¢ (Ashin et al. , 1999: p. 294). Zaslavskaya de? nes à ¢â¬Ëoligarchsââ¬â¢ as ââ¬Ënot only owners, but also authorised executives and those who hold signi? cant numbers of shares of the major national and international corporations, holdings and industrial-? nancial groupsââ¬â¢ (Zaslavskaya, 2004: p. 370). There has been considerable controversy in Russian sociology about de? nitions of this kind: see for instance Toshchenko (1999). 2 296 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 eform years should not mislead us: the nomenklatura exchanged power for property, without necessarily engaging themselves in commercial activities. For the conduct of business of this kind they recruited younger associates, who were able to make use of government revenues to support their commercial initiatives. These younger associates were recruited from the partyââ¬â¢s ââ¬Ëreserveââ¬â¢, the Komsomol, who represented the lower level of the party-state bureaucracy in the Soviet period. Both before and after the crisis of 1998 there was a fairly substantial group of people who had a noticeable in? ence on public policy, thanks to their ? nancial resources. Their money gave them control of mass communications, the ability to fund election campaigns, assist parties and ââ¬Ëpurchaseââ¬â¢ deputies, and to lobby government directly. Russia was not unusual in these respects: in the early twentieth century Michels had already formulated his ââ¬Ëiron law of oligarchyââ¬â¢ according to which a democracy, in order to preserve itself and achieve a degree of stability, is obliged to separate out a more active minority element, or elite. For this reason, according to Michels (1959: p. 7), democracy inevitably turned into oligarchy. Writing subsequently, Miriam Beard claimed that the opportunity to achieve power was at the same time an opportunity to acquire wealth, since there were no obstacles with society that prevent the rich acquiring power for instance, through their ability to spend at election time (Beard, 1938: p. 166). Oligarchy may be de? ned as a state formation in which the major owners have not only economic power, but also enormous political in? uence. They take part in the formation of government and at the same time receive privileges from government, on which their wellbeing is dependent. An oligarchy is based on the interaction of two elite groups: the political ââ¬Ëestablishmentââ¬â¢, which is ? nanced by big business and provide it with access to the most pro? table forms of entrepreneurship, and businessmen themselves. The interpenetration of power and property is expressed in the constant bargaining that takes place between both sets of actors, including the ? ? ? lling of key positions. Businessmen bring their proteges into government, and politicians after their resignation ? nd refuge in private corporations, bringing with them as a form of capital their wide network of contacts. In an oligarchic state the distance between state power and big business is minimal: it is a narrow circle in which everyone knows everyone else (Kryshtanovskaya, 1996). A de? nition of oligarchy of this kind is close but not quite identical to the one that was most widely employed in the Russian press during the 1990s, in which 10e15 businessmen were regularly named in this capacity. Unlike journalists, for whom a situational and individual analysis is important, the social scienti? c approach is a di? erent one: the oligarchy is considered as a social group whose personal composition has no particular signi? ance other than as a basis for constructing the sample to be examined. For these purposes the oligarchy is faceless, and not dependent on the replacement of one name by anotherda Gusinsky, for instance, by an Abramovich. What is at issue is not a list of the individually important, but the social relationship between the two groups who continue to constitute the Russian elite: politicians and businessmen. Accordingly, the downfall of individual oligarchs may represent not the weakening, but the strengthening of the oligarchy as a larger entity. O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 297 The origins of the business elite Russiaââ¬â¢s developing bourgeoisie has been the object of close attention over the entire post-communist period (for the use of this term see Gill, 1998). But interest was at its highest point immediately before the August 1998 crisis when it seemed that the country was being run, not by a disorganised elite under the guidance of a decrepit president, but by a small group of nouveau-riche tycoons. These were the ââ¬Ëreal government of Russiaââ¬â¢, in the view of the Financial Times (Kââ¬â¢eza, 1997: p. 98). The sociologist Tatââ¬â¢yana Zaslavskaya (1997: p. 54) described them as a ââ¬Ërenewed oligarchyââ¬â¢ made up of the ââ¬Ëmost competent or fortunate members of the nomenklaturaââ¬â¢, with no less power and a good deal more wealth than their Soviet predecessors. Just seven of them, according to Berezovsky himself, controlled half of the entire Russian eco nomy (Financial Times 1 November 1996: p. 17). The in? uence of this small group of Moscow businessmen steadily increased at the same time as the state itself began to disintegrate, and the countryââ¬â¢s economic position deteriorated further. Russiaââ¬â¢s oligarchy received an important stimulus in 1995 when the government decided to give private business the shares of major enterprises in exchange for their ? nancial support (Freeland, 2000). The debt auctions were a Rubicon separating two stages in the formation of the business elite. Up to this point the business elite consisted of ? nanciers who had enormous in? uence in the political world, but their role in the Russian economy was not particularly signi? cant. There was not much incentive to invest in industries that needed extensive modernisation before they could start to yield a pro? . After the Russian government had approved the principle of debt auctions major ? nanciers were able to invest their money more advantageously, strengthening their position in politics and in the economy. In this way, the owners of the banks that were allowed to engage in these activities in the mid-1990s became a group with genuine, rather than virtual economic power. Now their political authority was determined not by their connections in the corridors of power, but also by their real economic weight. The process by which the role of the major businessmen in society increased was clearly re? cted in the ratings of the countryââ¬â¢s most in? uential public ? gures that appear regularly in the newspaper Nezavisimaya gazeta, based on expert surveys. The ? rst businessmen appeared in the list in 1996 (see Table 1). By 1997 they had achieved their maximum in? uence, and the leader of the groupdBoris Berezovskydwas regularly identi? ed as one of the countryââ¬â¢s half-dozen most powerful individuals. One of the oligarchs, the head of Alââ¬â¢fa Bank Mikhail Fridman, spoke in this sense in an interview in 1997, soon after President Yeltsin had received him and his colleagues in the Kremlin. Imagineââ¬â¢, as he put it, ââ¬Ëif President Gorbachev had met a businessman or two, it would have been meaningless, because their social status was so di? eren t. Just the fact that the meeting with Yeltsin took place shows how complete is the change in place and role of the business community in our social hierarchy. Now we occupy a very prestigious placeââ¬â¢ (interview, 1997). In the ? rst years of their existence the oligarchs were a fairly small and united group, who represented not so much the entrepreneurial class as a whole as their own 298 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 Table 1 Oligarchs and their in? uence, 1996e2000 1996 1. Berezovsky B. A. 2. Potanin V. O. 3. Vyakhirev R. I. 4. Gusinsky V. A. 5. Khodorkovsky M. B. 6. Alekperov V. Yu. 7. Fridman M. M. 8. Aven P. I. 9. Abramovich R. A. 10. Mamut M. A. 11. Smolensky A. P. 12. Vinogradov V. V. 13. Nevzlin L. B. 14. Yevtushenkov V. No. of oligarchs included Average rating 98 84 e e e e e e e e e e e e 2 91 1997 6 20 13 15 28 25 e e e e 26 55 e e 8 24 1998 4 19 8 15 25 23 59 e e e 31 51 90 e 10 33 1999 5 53 12 19 72 26 94 98 29 e e e e 36 10 44 2000 4 47 7 15 60 26 54 39 5 21 e e e e 10 28 Source: Adapted from data supplied by the Vox Populi agency, as published regularly in Nezavisimaya gazeta; the list shows the place of Russian businessmen within the countryââ¬â¢s 100 most in? uential individuals, in descending order of magnitude. narrowly corporate interests. Even their lobbying was directed not so much towards the adoption of laws in which Russian capital as a whole had a signi? cant stake, but towards the receipt of speci? c privileges for their own ? rms. The best known of the ? rst-wave oligarchs attempted not so much to de? ne the political direction of the country as to monitor personnel changes in the government. The idea of the allpowerful nature of the oligarchs in 1995e1996, indeed, was a myth that had been blown up by the media, and their real in? uence on politics was much more limited. The television executive Igor Malashenko, who had joined Yeltsinââ¬â¢s re-election campaign sta? in 1996, insisted later that stories about the ââ¬Ëincredible power of the oligarchsââ¬â¢ were ââ¬Ëpure nonsenseââ¬â¢, and often encouraged by the oligarchs themselves to exaggerate the in? uence they could command (Nezavisimaya gazeta 3 June 1998: p. 8; Schroder, 1999). But behind the empty newspaper phrases a real process was ? oing on, marking the advance of an entire entrepreneurial class. The oligarchs of 1995e1997 were ambitious and naive. They enriched themselves so quickly that they began to su? er from what Stalin had called the ââ¬Ëdizziness with successââ¬â¢; in particular, they engaged in open political adventures. They became deputies without any di? culty (which had the welco me advantage that it gave them immunity from prosecution). A few even stood for the presidency in 1991 (manager and banker Martin Shakkum), and again in 1996 (pharmaceuticals magnate Viktor Bryntsalov). But it soon became clear that politics was an expensive game for a business elite that had not yet established its own position, and the frontal attacks of the new Russians were succeeded by attempts to in? uence politics in a more systematic but indirect way. The business elite began to use the media for its purposes, as well as the opposition, trade unions and state o? cials. They started to O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 299 buy insider information so as to use it in their business activities, and to in? ence the taking of particular economic decisions. The ? rst multimillionaires emerged at a time of considerable instability in the countryââ¬â¢s power structures, and rose quickly to the very top. They understood all the advantages of their position as businessmen-politicians and played a dangerous game, ? nancing political organisations and the mass media. Their rise coincided with the privatisation of state property and w as accelerated by the re-election of Boris Yeltsin in 1996; afterwards, some of the most prominent oligarchs formed a part of the Kremlin ââ¬ËFamilyââ¬â¢ itself. Pappe, one of the ? rst to study this process, has argued that ââ¬ËUp to 1998 all the most powerful economic groupings increased their resources as compared with those available to the power structuresââ¬â¢. But from the end of the year and particularly after the August ? nancial crisis the whole process ââ¬Ëwent into reverseââ¬â¢, and soon there was not a single industrial group (with the possible exception of the massive gas corporation Gazprom) that was in a position to in? uence government or even deal with it on equal terms (Pappe, 2000: p. 46). The August crisis and the fall of the oligarchs The August crisis of 1998 and the sudden devaluation of the rouble that accompanied it led to an upheaval in the entire society, including the business elite. Indeed, on our evidence, only 15% of the 1993 business elite had retained their position by 2001. There are several reasons for this far-reaching turnover. In the ? rst place, there had been structural changes in the volatile Russian market. If before 1998 it had been dominated by ? nancial structures (banks, exchanges and investment corporations), after the crisis their role signi? cantly contracted. The speculative sector of the economy was almost destroyed by the August crisis, and did not recover. Goods exchanges, which at one time had ? ourished, disappeared almost entirely, and the number of banks fell sharply. But in the post-crisis period industrial enterprises emerged much more prominently, and they have continued to do so. These changes were re? ected in the composition of the business elite, which came increasingly to consist of entrepreneurs (by 2001 they accounted for as much as 64% of the total). What happened to the 85% of the 1993 business elite who had not retained their position in 2001? According to our evidence, most entrepreneurs who had been members of the 1993 business elite retained their positions in business (52%), but in many cases their scale of activity no longer allowed them to be included in the list of the countryââ¬â¢s leading businessmen. Of the remainder, 6% became professional politicians and by 2001 were working full-time in parliament or in government. Nine percent had retired on a pension; these were mostly bankers who had headed commercial, formerly state banks in the early years of economic reform. A further 10% of the 1993 business elite had moved abroad, for the most part in order to protect their personal security, and two had been killed: the head of the Russian Business Round Table Ivan Kivelidi, and the head of the ââ¬Ë21st Century Associationââ¬â¢ Otari Kvantrishvili. 300 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 There were related changes in the kinds of individuals that composed the business elite. A comparison of the data for 1993 and 2001 makes clear that it has become somewhat younger; its average age fell to 48. years as compared with 51. 8 years in 1993, shortly after the end of communist rule. As before, it is an overwhelminglydindeed exclusivelydmale group. A quarter of the business elite of 2001, fewer than before, came from Moscow or St Petersburg, rather more are from other cities (33%), and even more came from small towns or villages (42%). The reason for the greater provincialism of the business elite is the structural changes that have taken place in its composition; Moscow ? nanciers have to a large extent been replaced by regional industrialists. The occupational and educational background of the business elite has also been changing. In 1993 it was typical to enter business from science as well as industry itself, but by 2001 it was more common to migrate from the state service as well as industry (see Table 2). The entrepreneurs of 2001 were also more educated than their predecessors: just 3% had two degrees in 1993 but now 13% have a second quali? cation, often in law. The social and professional background of the new business elite leaves little doubt that it is still closely connected with the political elite of the Soviet period. Some 29% of the current business elite, for instance, belonged to the Soviet nomenklatura, a ? gure that was actually somewhat higher than it had been 8 years earlier in the immediate aftermath of communist rule. Similar processes have been identi? ed on the basis of survey evidence (Chernysh, 1994; Eyal et al. , 1998). But while the business elite of 1993 were typically of Komsomol origin, now the main source of recruitment of the business elite is government ministries (Table 3). Immediately before they entered the business elite, its members were enterprise directors (25%), state o? ials (20%), employees of private ? rms (27%), sta? from state banks (6%), and others. This was a career progression that was characteristic of the post-communist period. Formerly, the usual retirement destination of a senior public ? gure was the diplomatic service. Now, more often than not, former state o? cials after their retirement become top managers in major corporations. This tendency ? rst made itself apparent in 1992e1993, when a series of members of the government moved to work in commercial structures. They included Petr Aven, who moved from the Ministry of Foreign Economic Relations to the Table 2 Origins of the Russian business elite, 1993e2001 Sphere of activity Industry Science Culture and education Study [ ] State banks State service Other (N ) 1993 35 26 15 0 17 0 39 (115) 2001 50 14 4 13 7 16 30 (131) Source: Authorsââ¬â¢ data. The totals include all the spheres in which the respective business elite were active; ââ¬Ëstudyââ¬â¢ indicates direct entry into the business elite on completion of higher education. O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 Table 3 Nomenklatura origins of the Russian business elite, 1993e2001 (percentages) 1993 No nomenklatura background Nomenklatura background Of which: Komsomol apparatus CPSU apparatus Soviet executives Senior ministerial positions 76 24 11 4 5 10 301 2001 71 29 7 4 5 12 Source: As Table 2. Those with a nomenklatura background in 1993 exceed the total shown as many members of the business elite worked in more than one position of this kind. residency of Alââ¬â¢fa Bank; Maksim Boiko, who left the State Property Commission to become general director of the advertising group Video International; and Viktor Ilyushin, the former head of Yeltsinââ¬â¢s presidential sta? and then a ? rst deputy prime minister, who moved into the state gas monopoly Gazprom. In other movements, Andrei Kozyrev went from the Foreign Ministry to the American company ICN Pharmaceuticals; Petr Mostovoi moved from the Federal Ban kruptcy Service to become ? rst vice-president of the diamond company Alrosa; Alfred Kokh, who had been ? st deputy chairman of the State Property Commission and deputy premier, became head of the Montes Auri company; and Oleg Sysuev, who had been deputy prime minister and before that mayor of Samara, became vice-president of Alââ¬â¢fa Bank. Subsequently the process became a much more general one. Over the entire post-communist period there have been substantial changes in the way in which the countryââ¬â¢s leading entrepreneurs have entered business. In 1993e 1995 the most common way of establishing a successful commercial company was the creation by a state o? cial of a ? rm into which he could move directly. We call this process ââ¬Ëmoving chairsââ¬â¢; it was one of the ways in which the former ruling group exchanged their power for property. Instead of the ââ¬Ëdiplomatic exileââ¬â¢ of the Soviet period, a new means of retirement developeddmoving into business. Firms that were set up on this basis soon ? lled up with highly placed retirees. As we were frequently told in our interviews with former party o? cials and the senior sta? of government ministries, only ââ¬Ëour own peopleââ¬â¢ were given appointments in ? rms of this kind, which had typically evolved from ministries and government bodies of the Soviet period. The next most common means of exchanging power for property was when a state body delegated the right to conduct commercial activity to its authorised representatives. The leading positions in these companies were then ? lled with young people who were not directly related to the Soviet nomenklatura, or who held only junior positions within it. And ? nally, the third common means of establishing a successful business was the privatisation of former state enterprises. In most cases 3 We rely in this instance on the interviews conducted for our ââ¬ËTransformation of the Russian eliteââ¬â¢ project between 2000 and 2004 (450 interviews). 02 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 the enterprise that had become a joint stock company did not change its managers (or did not do so immediately) and the director remained at his post, no longer simply the manager but now the owner of the enterprise over which he presided. In 1993 the most characteristic route into business was through the creation of a ? rm of oneââ¬â¢s own by the use of o? cial position (57% of the business elite); by 2001 it was more common for members of the business elite to create their own ? ms through the privatisation of state enterprises (39%). Business and politics After the crisis, not only the business elite had changed: its in? uence upon the political process had also changed. The ââ¬Ëoldââ¬â¢ oligarchs of the Yeltsin period retired into the shadows, yielding their place to a new generation of entrepreneurs. These ââ¬Ënew Russiansââ¬â¢ were more provincial, more closely associated with domestic industry, and not so naively ambitious. The insecurity of the ? rst-wave oligarchs, who had su? ered because of their proximity to the regime, taught them to be cautious. The new oligarchs avoided public life and boasting about their wealth, but sought to establish ? rmer, less conspicuous relations with the authorities at all levels, acting more often than not through intermediaries. The destruction of the media empires of Berezovsky and Gusinsky, both of whom had been forced into exile, made it clear that the post-Yeltsin regime would not allow itself to be blackmailed, and that only groups that cooperated with government would be allowed to acquire important media holdings. The new motto was loyalty. But these changes in the political context did not mean that entrepreneurs withdrew into obscurity. Their in? uence changed in form, but all the same remained signi? cant. It was no longer individual mavericksdthe Borovois, Bryntsalovs and Berezovskysdwho stood out on the political arena, but a series of more shadowy ? gures representing the most powerful corporationsdGazprom, Lukoil, Yukos, Alââ¬â¢fa and so forth. Of the ââ¬Ëoldââ¬â¢ oligarchy, only the Alââ¬â¢fa group were still well represented on the political scene in the early years of the new century; two of its senior managers, for instance, took positions as deputy heads of the presidential administration in 1999 (Vyacheslav Surkov and Sergei Abramov). Alââ¬â¢fa people accounted at this time for an entire contingent of the presidential administration on Old Square in Moscow, where they occupied key positions as high-level consultants or department heads. However, notwithstanding the fact that the personal in? uence of the ? rst-wave oligarchs declined considerably, the role of major businessmen in society tended to increase still further. In Table 4 we set out our evidence for the Yeltsin (1993) and Putin (2001, 2003) leaderships, examining the proportion of key decision-making positions that are held by individuals from the world of big business in each of these periods. In almost every category the proportion of business representatives has increased and across all categories the representation of business more than trebled, reaching a remarkable 20% of government ministers. The minister of fuel and energy, for instance, was a representative of Yukos in 1998e1999 (Sergei Generalov), and was O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 Table 4 Business representation in elite groups (percentages) Top leadership Yeltsin cohort (1993) Putin cohort (2001) Putin cohort (2003) Source: As Table 2. 2. 3 15. 7 9. 1 Duma deputies 12. 8 17. 3 17. Government 0. 0 4. 2 20. 0 Regional elite 2. 6 8. 1 12. 5 303 Overall 4. 4 9. 3 14. 7 a representative of Lukoil in 2000 (Alexander Gavrin). Another ? gure from the Alââ¬â¢fa group, Andrei Popov, was head of the territorial department of the presidential administration, where he served side by side with his Alââ¬â¢fa colleagues Surkov and Abramov. Business in the Russian regions The oligarchy strengthened its position even more considerably in the Russian regions than in the federal centre. The crisis that followed the collapse of the currency in August 1998 a? ected Moscow oligarchs more than their provincial counterparts. The Yeltsin oligarchy collapsed, but in the regions the merger of business and politics continued. The August crisis, in fact, accelerated the process. Ruined Moscow businessmen closed their regional o? ces; in turn, they were taken over by local administrations or by the companies they controlled. There was, in e? ect, a new redistribution of property in 1998e2000. Property was removed from its former owners in exchange for the cancellation of debts, in either of two forms: the return of ownership to the state itself (nationalisation), or the replacement of one private owner by another (reprivatisation). Both of these methods were actively employed by local leaderships throughout the federation. The velvet nationalisation of the post-crisis period took place under the guidance of local authorities. The ? rst experiment of this kind was carried out by Evgenii Mikhailov, governor of Pskov region who introduced a monopoly in the production and wholesale trade of alcohol (Slider, 1999). The ? rst state unitary enterprise ââ¬ËPskovalkoââ¬â¢ was established for these purposes. The model proved extremely e? ctive, and over the following year eight more such enterprises were established, including ââ¬ËPskovobllespromââ¬â¢, ââ¬ËPskovtorfââ¬â¢, ââ¬ËPskovvtormaââ¬â¢ and others. To assist the newly established state enterprises local enterprises were deprived of their productive assets in return for the cancellation of tax arrears. Regional tax inspectors were encouraged to identify as many of these indebted enterprises as possible, and defaulters were forced into bankrup tcy so that their property could be taken over by local state enterprisesdin e? ect, by local administrations. Mikhailovââ¬â¢s actions were so much to the advantage of local elites that his approach was immediately adopted throughout the country, leading to the establishment of large numbers of local monopolies modelled on the national gas and energy monopolies. It was not only local political leaderships that forced Moscow oligarchs out of the regions. Local entrepreneurs who were friendly with or even related to local 304 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 leaderships were also involved in the process. In Kursk, for instance, overnor Alexander Rutskoi handed the regionââ¬â¢s network of chemistsââ¬â¢ shops to his elder son Dmitrii, making him the general director of ââ¬ËKurskpharmacyââ¬â¢. The governorââ¬â¢s younger son became a manager of the oil concern ââ¬ËKurskneftekhimââ¬â¢, 49% of which was owned by a Moscow ? rm whose director was the same younger son. The governorââ¬â¢s brothers were also fortunate: the eld er became head of a state-joint stock company ââ¬ËFaktorââ¬â¢, and the younger became deputy head of the regional department of public security. The governorââ¬â¢s mother became the cofounder of a local ? m, and his father in law took over responsibility for the regionââ¬â¢s cultural a? airs (these details are drawn from the National News Service at http://www. nns. ru). Reprivatisation and the strengthening of the local oligarchy have been taking place in all the Russian regions. It has acquired especially large dimensions in the national republics, where forms of authoritarian rule have become increasingly prominent. In Bashkortostan, to take another example, an entire clan of presidential relatives has come into existence. The presidentââ¬â¢s son, Ural Rakhimov, was vicepresident of the oil and gas company ââ¬ËBashneftekhimââ¬â¢ in the early years of the new century; a relative of the presidentââ¬â¢s wife, Azat Kurmanaev, was president of ââ¬ËBashkreditbankââ¬â¢; and the presidentââ¬â¢s wife, Luisa Rakhimov, held a senior position in the republicââ¬â¢s ministry of foreign relations and trade. The nationalisation of the Bashkir economy was also advancing rapidly, with the establishment of state monopolies in key spheres such as ââ¬ËBashlespromââ¬â¢ (timber), ââ¬ËBashkirskaya toplivnaya kompaniyaââ¬â¢ (fuel) and ââ¬ËBashavtotransââ¬â¢ (transportation) (http://www. ns. ru). By 2000 the power of regional oligarchs had strengthened to such an extent that they began to expand economically in neighbouring regions. Regional oligarchs began to appear, with interests that spanned several of the subjects of the federation. In this process, new ? nancial and industrial gro ups came into existence that had no connection with the ? rst-wave Moscow oligarchy. A striking example of this type was Aleksei Mordashov, general director of the ââ¬ËSeverstalââ¬â¢Ã¢â¬â¢ joint stock company (based in Cherepovets in the Vologda region), who entered the list of the countryââ¬â¢s most in? ential businessmen at the end of the 1990s. The same kind of interregional expansion was being carried out by entrepreneurs from Sverdlovsk and Samara regions, and Bashkortostan. New holding companies on a transregional scale that have emerged in recent years include the Urals mining and metallurgical company, Novolipets metallurgical combine, and the St Petersburg concern ââ¬ËNew Programmes and Conceptionsââ¬â¢. The increasing economic power of regional entrepreneurs was re? ected in their political in? uence. In local elections throughout the country it became apparent that electors preferred to vote for major businessmen, and for the directors of joint stock companies and of the regionââ¬â¢s biggest factories. In the elections that took place in the late 1990s representatives of the industrial and ? nancial elite took 80% of seats in the Permââ¬â¢ region, about 70% in Smolensk region, about 60% in Penza, Tambov and Tomsk regions, and more than half in Belgorod, Leningrad, Nizhnii Novgorod, Omsk, Rostov and Stavropolââ¬â¢ regions, and in Primorskii territory. The average, across all the regions that held their elections between 1995 and 1997, was 43% (calculated from Vybory, 1998). An increase in the political role of local oligarchs led O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 305 at the same time to a fall in the electoral role of civil society. The more oligarchs and o? cials in local legislatures, the fewer teachers, doctors and farmers. The election of representatives of the ? ancial-industrial elite to representative institutions of this kind demonstrates that the tendency for regional capital and government to merge has become increasingly powerful. The increase in the in? uence of ? nancial-industrial circles in Russian towns and cities is paralleled by the increasing in? uence of state-farm directors in the countryside. As a result, in all regional legislatures the directors of joint stock companies, and of unitary enterprises, banks and other commercial structures, have become the dom inant force. New entrepreneurs, within this general tendency, have themselves become more numerous, squeezing out longer-established factory managers throughout the regions and especially where relatively large numbers of local enterprises are in ? nancial di? culty. Owners and managers, according to local legislation, are allowed to combine their entrepreneurial activities provided their representative duties are carried out on a part-time basis. In this way, they have obtained a series of legislative and supervisory prerogatives but at the same time been relieved of the burdens of full-time legislative duties. The increasing in? uence of business on regional politics is also apparent in the formation of local administrations. With every year, for instance, the number of businessmen-governors increases. The ââ¬Ë? rst swallowââ¬â¢ was Kalmykia, where the wellknown entrepreneur Kirsan Ilyumzhinov was elected president as early as 1993. In 1996 three local oligarchs became governors: Yuri Evdokimov in Murmansk (where he had represented the interests of the Moscow mayorââ¬â¢s group ââ¬ËSistemaââ¬â¢), Leonid Gorbenko in Kaliningrad, and Vladimir Butov in the Nenets autonomous region. The elections of 2000e2001 added several more, including heads of the most important local enterprises: in Chukotka the head of Sibneftââ¬â¢ and owner of Chelsea Football Club, Roman Abramovich (in 2000); in Taimyr the head of Norilââ¬â¢sk Nickel, Alexander Khloponin (elected in 2001 and then a year later as governor of Krasnoyarsk territory); and in Evenki Boris Zolotarev, head of development at the oil giant ââ¬ËYukosââ¬â¢ (in 2001). In Krasnodar territory, the Koryak autonomous district and Primorââ¬â¢e local oligarchs had further successes: Alexander Tkachev, Vladimir Loginov (December 2000) and Sergei Darââ¬â¢kin (in 2001). In early 2002 there were two further successes of this kind, Vyacheslav Shtyrov won in Sakha (Yakutia), and Hazret Sovmen in Adygeya. As a result of these changes, 12 Russian regions (or nearly 14% of the total) are today headed by major businessmen. Conclusions Several new tendencies in the development of the Russian business elite had become apparent by the early years of the new century. 1. Powerful ? nancial-industrial groups have begun to appear that are based not in Moscow but in the Russian provinces, and which are furthering the process of inter-regional integration. At the same time the transfer of the business and 306 O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 2. 3. 4. 5. 6. 7. political activities of the business elite from the capital to the regions has been accompanied by an increase in the role of the state, which has taken steps to restore its control over political and economic life. The strengthening of the state has placed tighter limits on the business elite and restricted its freedom of activity, which has led to a reduction in its direct in? ence on the political process. This relates particularly to personnel matters, where the state has taken back the role of principal decision-maker, and to the mass media. By the early years of the new century the business elite were making fewer attempts to impose their own preferences upon government ââ¬Ëfrom outsideââ¬â¢, but were engaged in a process of interaction with all levels of government in which they could introduce their own priorities as issues were formulated and decisions were taken. From 1998 onwards there has been a further exclusion of Moscow capital from the regions and an increase in the concentration of power at the regional level. At the same time in a series of the republics the fusion of business and government has advanced even further, as has the formation of local oligarchies. Sometimes this process has assumed autocratic forms in which big business in a region has come under the absolute control not of the state, but of its leading o? cials, who have formed ? ancial-industrial clans enjoying an e? ective monopoly of political power. The interests of big business have changed. If before they were simply connected with privileges for their companies, now with the increase in the scale of their operation they have begun to press their views in relation to the regulation of the economy as a whole. This has led to an increase in the economic in? uence of private business, which has to some extent compensated for their loss of political in? uence. With the coming to power of Vladimir Putin in 2000 private entrepreneurs have begun to be excluded from the main electronic media. The destruction of the media holdings of Gusinsky and Berezovsky, and the arrest of Mikhail Khodorkovsky in late 2003, were intended to show ââ¬Ëwhoââ¬â¢s bossââ¬â¢. The new regime made it clear it would not be blackmailed, as Boris Yeltsin had been; and formerly oppositional media were entrusted to groups that had shown their loyalty. In the period after the August 1998 crisis big business became a refuge for many retired politicians, with a substantial out? w of senior o? cials, ministers and civil servants into the managerial ranks of the major companies. Putinââ¬â¢s declared policy of ââ¬Ëequal distancingââ¬â¢ for the oligarchs means a choice: either to support the regime in all its undertakings, or retire to the sidelines. No longer can Russiaââ¬â¢s business elite establish their own parties and engage in open criticism of the go vernment. The new regime is engaged in restoring state power, after a period in which it had been privatised by o? cials and businessmen. In this new social order there is no place for opposition, unpredictable elections, or insubordinate nouveaux riches; rather, the preferred model is analogous to the cheibols in South Koreadenormous economic conglomerates whose activity is closely regulated. The further concentration of capital in the hands of 20e25 ? nancial-industrial groups that are completely loyal to the state appears to be the economic project of the Putin regime as it moves into its second and ? nal term of o? ce. O. Kryshtanovskaya, S. White / Communist and Post-Communist Studies 38 (2005) 293e307 307 References Ashin, G. K. , Ponedelkov, A. V. , Ignatov, V. G. , Starostin, A. M. , 1999. Osnovy Politicheskoi Elitologii. Prior, Moscow. Beard, M. , 1938. A History of the Business Man. Macmillan, New York. Chernysh, M. F. , 1994. Sotsialââ¬â¢naya mobilââ¬â¢nostââ¬â¢v 1986e1993 godakh. Sotsiologicheskii Zhurnal 2, 130e133. Eyal, G. , Szelenyi, I. , Townsley, E. , 1998. Making Capitalism without Capitalists: Class Formation and Elite Struggles in Post-Communist Central Europe. Verso, London. Freeland, C. , 2000. Sale of the Century. Little, Brown, London. Gill, G. , 1998. Democratization, the bourgeoisie and Russia. Government and Opposition 33 (3), 307e329. Ho? an, D. E. , 2002. The Oligarchs: Wealth and Power in the New Russia. Public A? airs, New York. Kââ¬â¢eza, D. , 1997. Proshchai, Rossiya! Geya, Moscow. Khlebnikov, P. , 2000. Godfather of the Kremlin: Boris Berezovsky and the Looting of Russia. Harcourt, New York. Kukolev, I. V. , 1995a. Formirovanie rossiiskoi biznes-elity. Sotsiologicheskii Zhurnal 3, 159 e169. Kukolev, I. V. , 1995b. Sovremennaya biznes-elita Rossii. Vestnik Moskovskogo Universiteta, ser. 18: Sotsiologiya i Politologiya 4, 12e22. Kukolev, I. V. , 1996. Formirovanie biznes-elity. Obshchestvennye Nauki i Sovremennostââ¬â¢ 2, 12e23. Kryshtanovskaya, O. V. , 1996. Finansovaya oligarkhiya Rossii. Izvestiya 10 January, 5. Kryshtanovskaya, O. V. , 2002a. Biznes-elita i oligarkhi: itogi desyatiletiya. Mir Rossii 4, 3e60. Kryshtanovskaya, O. V. , 2002b. Transformatsiya biznes-elity Rossii: 1998e2002. Sotsiologicheskie Issledovaniya 8, 17e29. Martynova, M. Yu. , 2001. Politicheskaya elita Rossii na Rubezhe Vekov. Pomorskii Gosudarstvennyi Universitet, Archangel. Mawdsley, E. , White, S. , 2000. The Soviet Political Elite from Lenin to Gorbachev: The Central Committee and its Members, 1917e1991. Oxford University Press, Oxford. Michels, R. , 1959. Political Parties. Dover, New York. Mukhin, A. A. , 2001. Biznes-elita i Gosudarstvennaya vlastââ¬â¢. Gnom i D, Moscow. Mukhin, A. A. , 2004. ââ¬Ëââ¬ËOsobaya Papkaââ¬â¢Ã¢â¬â¢ Vladimira Putina. Itogi Pervogo Prezidentskogo Sroka i Otnosheniya s Krupnymi Sobstvennikami. Tsentr Politicheskoi Informatsii, Moscow. Osipov, G. V. (Ed. ), 1998. Rossiiskii Sotsiologicheskii Slovarââ¬â¢. Norma, Moscow. Pappe, Ya. Sh. , 2000. ââ¬ËOligarkhiââ¬â¢: Ekonomicheskaya Khronika, 1992e2000. Vysshaya Shkola Ekonomiki, Moscow. Rutland, P. (Ed. ), 2001. Business and State in Contemporary Russia. Westview, Boulder, CO. Schroder, H. -H. , 1999. Elââ¬â¢tsin and the oligarchs: the role of ? ancial groups in Russian politics between ? 1993 and July 1998. Europe-Asia Studies 51 (6), 957e988. Silverman, B. , Yanowitch, M. , 2000. New Rich, New Poor, New Russia: Winners and Losers on the Russian Road to Capitalism, expanded ed. Sharpe, Armonk NY. Slider, D. , 1999. Pskov under the LDPR: elections and dysfun ctional federalism in one region. EuropeAsia Studies 51 (5), 755e767. Toshchenko, Zh. T. , 1999. Elita? Klany? Kasty? Kliki? Kak nazvatââ¬â¢ tekh, kto pravit nami? Sotsiologicheskie Issledovaniya 11, 123e133. Vybory, 1998. Vybory v Zakonodatelââ¬â¢nye (Predstavitelââ¬â¢nye) Organy Gosudarstvennoi Vlasti Subââ¬â¢Ã¢â¬â¢ektov Rossiiskoi Federatsii. 995e1997. Vesââ¬â¢ mir, Moscow. de Vries, M. K. , Shekshnia, S. , Korotov, K. , Florent-Treacy, E. , 2004. The New Russian Business Leaders. Edward Elgar, Cheltenham. Yeltsin, B. , 1992. ââ¬ËVystuplenieââ¬â¢, (Vneocherednoi) Sââ¬â¢Ã¢â¬â¢ezd Narodnykh Deputatov RSFSR 10e17 Iyunya, 28 Oktyabrya-2 Noyabrya 1991 Goda: Stenogra? cheskii Otchet 3 vols, vol. 2. Respublika, Moscow, pp. 4e30. Zaslavskaya, T. I. , 1997. Problema demokraticheskoi pereorientatsii ekonomiki sovremennoi Rossii. Obshchestvo i Ekonomika 1e2, 51e57. Zaslavskaya, T. I. , 2004. Sovremennoe Rossiiskoe Obshchestvo: Sotsialââ¬â¢nyi Mekhanizm Transfo rmatsii. Delo, Moscow.
Sunday, March 15, 2020
Steps of Criminal Procedure in US
Steps of Criminal Procedure in US Introduction To ensure all suspects receive required justice and fair trials, it is necessary for all law-enforcing agents to follow specified criminal procedures as specified in criminal codes. Correct following of criminal procedures grant suspects their freedoms hence, minimizing complications that may arise in the whole process from arrest to sentencing.Advertising We will write a custom essay sample on Steps of Criminal Procedure in US specifically for you for only $16.05 $11/page Learn More In addition to ensuring no problems arise during the entire process, correct application of required procedures ensure there is a social desirable relationship between societies and law-enforcing agents. Hence, this will help to ensure that peace, order, and safety always prevails in societies. The law clearly defines these procedures, and their correct use helps to differentiate autocratic judicial system from democratic ones. It is necessary in all judicial system s to prove that someone is guilty before passing the sentence, whereby evidence gathered act as the main driver of cases. In this regard, the following steps are important in trying to bring perpetrators of criminal offenses into justice namely arrest, booking, discovery, pre-trial and hearings, trial, sentencing, and appealing. Depending on the verdict of the judge, courts either fine or imprison accused individuals for a specified amount of time ranging from months to life imprisonment. One main thing to note here is that, although the court finds one guilty of a certain criminal offense, there is always a chance of appealing, which can be very beneficial if the case is won by the accused. Criminal Procedure Globally all societies have specified ways of ensuing justice always prevails in its judicial systems. This involves bringing criminals to book, and ensuring the sentences they receive correspond to their criminal offenses. The U.S. criminal law specifies these steps or proced ures that are substantive, whereby it clearly sets the parameters and penalties to all criminal offenses. The U.S. constitution clearly states these penalties, although few variations occur across different states. Violation of these laws in most cases jeopardizes the quality of cases, hence hinder achievement of justice. In addition, all individuals whether guilty or not are protected by the bill of rights, whose violation impairs the quality of judgements passed by courts (Scheb, 2008, p. 6). One main thing to always remember as Scheb (2008, p.8-9) argues, in most cases the overall prosecution role is done by the government, hence the victimsââ¬â¢ participation in most cases are minimal. The main role of victims is to set off the prosecution process but as the case proceeds, they act as witnesses. The same applies to suspects if they opt to use services of attorneys, who act as their spokesperson during trial.Advertising Looking for essay on criminal law? Let's see if w e can help you! Get your first paper with 15% OFF Learn More Arrest In common cases, majority of law-enforcing agents conduct arrests near crime scenes, but sometimes the case may not be the same as in Crookââ¬â¢s case. In any arrest case, the law clearly specifies procedures, which all law-enforcing agents should follow. During arrest as Esquire (2009, Para. 1) suggests, all individuals whether guilty or not should not provide any information to the police, because in most cases the information may provide concrete evidence against them in a court of law. Although in most cases cooperation with law-enforcing agent s can be of importance when later facing judgment, on the other hand, it may complicate the case. This is because due to phobia of the police by many individuals, it is possible for one to give out unnecessary information, which the police may capitalize on, hence use it as evidence. Immediately when faced with an arrest it is important to request a cha nce to speak with an attorney, who will take over oneââ¬â¢s case. In addition, it is important for individuals to object signing of any documents law-enforcing agents present to them. This is because, in some cases depending on an individualââ¬â¢s mental state during arrest, one may sign wrong document that the prosecution may use later as evidence. Before conducting the arrest, all law enforcing agents should have arrest warrants, which will grant them a permission of arresting an individual in any situation, as provided by section 18 of the U.S. constitution and section 120 of New Yorkââ¬â¢s regulations. However, in some cases the law enforcing agents may not present such a document for example, when there is lack of enough time for obtaining it or if they are witnesses to the crime (Orfield, 2005, P. 9-10). If law-enforcing agents conducting the arrest violate any of the provisions, then the arrestees have the right to refuse all the prosecution evidences presented in co urt. This in most cases occurs when the arresting officers fail to read the Miranda warnings to the arrestee, as the constitution provides in the Miranda warning (Scheb, 2008, p.10). At all times police officers should respect positions taken by individuals as concerns using attorneys or keeping quiet. Police searches although necessary for locating evidences, the constitutions clearly spells out individualsââ¬â¢ rights as concerns searches and seizures in the map v. Ohio law. All arrestees should always note that the constitution safeguards them from unreasonable searches by law enforcing agents. All law-enforcing agents should conduct searches with permission from the suspect. In this regard, it is important for Crook to confirm procedures that the police officers who conducted the search in his house used. Considering the age of his nephew it is hard to determine, what exactly transpired before the police found the BB gun, noting the exact position Crook had hidden it.Advertis ing We will write a custom essay sample on Steps of Criminal Procedure in US specifically for you for only $16.05 $11/page Learn More If the police officers forced their way in, then crook can refuse the evidence found in his house, because he was not there when the police officers searched his house. On the other hand, the police officers may have harassed the minor, hence living him terrified, which is wrong and prosecutable according to the law (Search warrant , 2009, Para. 1 -2). After arrest, the law dictates that the arresting officers should book in the arrestee, whereby the officer should take the arrestees fingerprints and photograph. Before trial commences, as the law dictates all arrestees should have a questioning session by an agent from the pre trial department. Information provided by the defendant at this level is very crucial, because it determines which step all law-enforcing agents should follow. Arraignment Because Crook used a gun in hi s robbery, which may not be a real one, it might not be possible for him to receive bail. Depending on gathered evidence by the prosecution, as dictated by law, the law enforcing agents arraigns one in court within 24 hours. At this stage, the judge should notify the arrestee of pending charges, whereby one either accepts to be guilty or not. It is advisable for defendants to have an attorney, to present them during the entire trial time. During arraignment, it is possible for the court to grant a bail but in crookââ¬â¢s case, because of the seriousness of the offence there is a likelihood of remand if he denies the charges. As specified in the New York law, all defendants have rights to access specific evidence information provided by the prosecution. Discovery encompasses all information that links the defendant to the crime. It includes verbal information, tangible evidences taken during investigation, and other kinds of information or evidence held by the prosecution. In addi tion, discovery can include witness statements, photographs, and police information as concerns the crime (U.S. Legal, 2009, Para.1). Preliminary Hearing As stipulated in the sixth amendment, all U.S. citizens have a right to have a fair and fast judgment. Hence, immediately after filing charges the law dictates that all prosecutors should go ahead and start a trial using the gathered evidence. As dictated by the law all individuals have rights of trial without any public interferences, hence ensuring courts maintain justice. This stage is of great significance to the defense, because at this point the attorney has rights of interrogating the witnesses, and cross-examining the evidence by the prosecution.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Depending on options opted by the prosecutors, the court can handle the case secretly by a grand jury or in a common court scenario. At this level, the grand jury may use an indictment or a complaint to present charges to the accused. If the grand jury presents in court an un-signed affidavit, then one can file a case against the grand jury because of vindication (Cowling, 2009, Para.1-11). It is important for one to make a decision at this level, because any decisions made determine whether the case proceeds to trial. Owing to the severity of Crookââ¬â¢s case it is not advisable for him to take a plea because, this may cost him because of penalties associated with his case. However, due to evidence in police hands, Crook can plead guilty because the real trial has many associated challenges that include longer jail terms or more severe punishments. In addition, due to uncertainties in trial time pleading guilty can save a lot in terms of resources and time considering that Crook has accepted he committed the crime. Depending on the conditions under which the police conducted the search, Crook can file a Mapp, and has the rights to refuse the evidence collected due to breach of his constitutional rights. Trial Depending on the nature of the trail, whether by a jury or a normal judge, all individual have rights of defending themselves personally or using their attorneys. In addition, individuals have rights of selecting jurors they want to ensure the whole trial process is fair and just. All suspects should ensure they have competent attorneys to defend them in order to avoid chances of losing cases. Sentencing Depending o the severity of the crime judges can pass different charges that range from the most simple from example, probations and community service to the most severe for example life imprisonment and death penalties. The nature of the jail term that a court gives an individual depends on the evidence provided in court. If evidence presented in cou rt by the prosecution is very strong then likelihoods of long jail terms are possible. For robbery with violence suspects, the court passes sentences depending on the class of the robbery. Currently existing classes of robbery include first, second, and third class robbery. Depending on what transpired as proved by the prosecution, judges can pass different charges. Possible sentences include jail imprisonment, probation, restitution, death penalty, and community service (Cornell University Law School, 2009, P. 1. In some cases for judges to pass fair trials, some cases may a pre-sentence investigation to determine the right sentences for some specific serious criminal offences (Gerson, 2009, Para. 7 and Perskin, 2009, Para. 2-3). Conclusion In conclusion, if individuals are not content with the sentence passed then the law has provisions of appealing, which may alter the outcome of the previous judgment. The law requires the appellants to file their appeals within 30 days, dependin g whether they filed post-sentence motions or not. Reference List Cornell University Law School. Criminal procedure. Cornell University. Retrieved from http://topics.law.cornell.edu/wex/Criminal_procedure Cowling, A. N. (2009). Basic criminal procedure from arrest through trail. Retrieved from allencowling.com/false04B.htm Esquire, N. J. (2009). Aggressive criminal defense: Criminal procedure process. jn.à Retrieved from noblesdefense.com/process.html Gerson, G. E. Criminal procedure. The law office of GaryE. Gelson. Retrieved from garygerson.com/CM/Custom/Criminal-Procedures.asp Orfield, L. B. (2005). Criminal procedure. New Jersey: Law book exchange. Perskin, B. D. (2009). Robbery defense attorneys in New York. Retrieved from notguiltynotguilty.com/Areas_of_Practice/Robbery.aspx Scheb, J. M. (2008). Criminal procedure. New York: Wadsworth Publishing. Retrieved from https://books.google.com/books?id=pkb9HLOzeTcCpg=PA534lpg=PA534dq=criminal+procedure+from+arrest+to+sentencing+in+ New+yorksource=blots=chZv22S4hesig=FIvqXJMGzFvhEL3dXc6CPF1cRxkhl=enei=EQomS9CKM5XSjAeny7i7Bgsa=Xoi=book_resultct=resultresnum=9ved=0CCAQ6AEwCA#v=onepageq=f=false Search warrant. (2009). Answers.com. Retrieved from answers.com/topic/search-warrant U.S. legal. (2009). Criminal procedure discovery law and legal definition. U.S. Legal.à Retrieved from http://definitions.uslegal.com/c/criminal-procedure-discovery/
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