Wednesday, May 6, 2020

Criminal Law and the Facts

Question: 1. The Latin maxim, actus non facit reum, nisi mens sit rea, is fundamental to criminal liability. In the case of Haughton v Smith [1975] AC 476, Lord Hailsham stated that it meant that, an act does not make a man guilty of a crime, unless his mind be also guilty. Nicola Monaghan, Criminal Law Directions (3rd edn, OUP 2014) 15. Explain the meaning of the terms actus reus and mens rea in criminal law. Evaluate whether Lord Hailshams statement represents an accurate definition of all the elements which should be proved by the prosecution in order to establish liability for a criminal offence.2. Annas girlfriend Epi is a professional photographer. Anna goes into Epis studio which is located next to their home and sees an unflattering photograph of herself. Anna angrily says to Epi, I am going to smash your digital memory card to make sure that no-one sees that photograph. Epi just laughs at Anna. Anna goes to the garage, picks up a hammer and returns to Epis studio. Anna takes the digital memory card out of Epis camera and hits it several times with the hammer. The digital memory card breaks into three pieces.Epi is upset, tells Anna their relationship is over and runs out of the studio. Anna is devastated and smokes a cigarette in the studio to calm herself down. Anna throws the cigarette into the waste paper bin, hesitates for a moment, then leaves the studio and the door automatically locks behind her. The cigarette ignites the waste paper and the fire burns Epis photography equipment and studio furniture. Usually Epis assistant works in the studio but unknown to Anna had called in sick that day.After returning home, Anna notices smoke coming from the studio. Anna rushes back to the studio but does not have a key to get in. She phones the fire brigade from her mobile phone and is told they will not reach the studio for thirty minutes. Anna knows that Epi has an important exhibition of life-size photographs next week and can see through the pa tio doors that the fire has not yet reached these. Anna picks up a brick and smashes the patio doors to the studio. Anna is able to save the life-size photographs from the fire. Advise Anna as to her criminal liability for criminal damage, if any. Answer: 1. Actus Reus is known to be a Latin word, which is generally used in Criminal Act. Every crime has two parts, one is the physical act of the crime and the other part is mental intent to do the crime. [1]Both are equal in terms when any crime is performed. Physical act of the crime is known as Actus Reus and the mental intent to do the crime is known as Mens Rea.[2] When any lawyer needs to prove actus Reus against the accused party then it is important that the accused is responsible for a deed, which is prohibited by the Criminal Law. In Actus Reus there is a physical activity, which is performed by the accused to hurt the other person or to damage the property. If there were a murder or a physical assault of any person then it would definitely qualify as an act of Actus Reus. There is another form, which is considered to be actus Reus that is omission. If a person who is left with an infant were not taking proper care of the infant then it would be considered as omission. In any case where a person is providing any harm to any other person is considered as Actus Reus. But there is one exception to actus reus. Whenever criminal actions are involuntary then this would not fall under actus reus. This would include those acts where any movement is made at the time when a person is sleeping or is unconscious. Any act, which occurs as a result of convulsion and spasm, would also not cover under Actus Reus. All these cases are not covered under Actus Reus because here the acts were not intentional and the person would not even know about it until it actually occurs. More the Actus Reus, Mens Rea is considered to be more dangerous because it deals with the mind. What the accused was thing at the time when he was committing a crime, how such thought came to his mind, and he has the intention to provide harm to the other person. It simply means a guilty mind, guilty knowledge or a guilty purpose. An act alone cannot create any criminal liability unless a person is accompanied with a guilty state of mind. How much Mens Area would apply in a case would depend upon case to case. In a case of murder it obviously requires a malicious state of mind and in the case of Larceny it requires a felonious state of mind. Nowadays whenever a case is being judged then the accused is also punished based on the requirement of Mens Rea. Like Actus Reus even in this case involuntary acts are not considered to be criminal. But if a person has committed a murder then mens rea would be completely ignored since it is a serious crime and he would be considered guilty. Even if a person has no intention to murder a person he would be considered a guilty. There was a case between Haughton and Smith, which was heard in the House of Lords. The case was about committing a crime of handling stolen goods where the goods were not stolen and an offence in attempting to handle stolen goods is committed in the same circumstances. As per Lord Hailsham there would be an attempt to committing a crime if the act was completed. But if a person were going to do something, which is afterwards done, which is not a crime then it would not be considered as an attempt to commit a crime. [3]Apart from this lord Hailsham had also made a statement that any act done by a person would not make him guilty of crime unless his mind is also guilty. It is very important that a mans mind should also have the guilt. He quoted it is thus not the actus which is reus but the man and his mind respectively [4] The statement, which was given by Hailsham, was in-line with all the elements, which should be proved by the prosecution in order to establish liability of a criminal offence. He correctly quoted that unless and until a person is having a criminal mind how can he be convicted by the court of committing a crime. As we have already discussed above that crime involves both physical act and mental ability. The person will do physical act only when he is mentally prepared for it. The present case is just the case for handling stolen goods; it was not the case of a murder so the exception of Actus Reus and Mens rea would not apply in this case. In this case it was important that one should prove that Smith also had the intention to handle stolen goods. Before the goods would have come to him it was already in the custody of police so he has not at all handled the stolen goods. Goods came to him in the custody of police, so at that time these goods would not be considered as stolen. Now sin ce these goods are now not considered as stolen then intention of committing a crime does not even comes into picture. In this case court also derived three propositions, which were: There is a huge difference between attempt in committing a crime and intention in committing a crime. In the present case respondent had the intention in committing a crime as per Section 22 of the Theft Act. So in this case there is no attempt in committing a crime since the goods were already in the custody of the police. In the present case the actual handling was not at all there since goods were already in the custody of police. There was no commission of offence since when the goods were handled they were not at all termed as stolen goods. This act mainly relied on constituting an attempt must not be an act preparatory to commit the completed offence but must also bear the relationship to the completion of offence. [5] After knowing about the definition of Actus Reus and Mens rea and also analyzing the statement given by Hailsham it can be concluded that there was no crime involved in this case. Only the intention of committing a crime was there but attempt to commit a crime was not at all there. If the goods were not in the police custody and it would have reached to Smith then it would have been considered as attempt in committing a crime. But since the goods were taken into the police custody even before it reached him, it would not at all be considered as stolen goods. So there is no question that Smith should be considered guilty in this case. For any criminal act both the acts needs to be proved to make any person guilty. But here one of the acts was not at all committed so it would not be considered as a criminal offence. [6] Hence Lord Hailshm statement represents an accurate definition of all the elements, which should be proved by the prosecution in order to establish liability for a criminal offence in this case. 2. Issue: The present case is between a boyfriend and a girlfriend. Epi is a guy who is a professional photographer and he also has a studio. Once Anna Epis girlfriend went to his studio and noticed something strange which made her very angry. She had seen an unflattering picture of herself. The most disgusting thing was Epi was laughing when Anna told that she would smash his digital memory card so that no one sees her photograph.so to smash the digital memory card she went to the garage, bought an hammer and broke the memory card into three pieces. Due to this Epi got very angry and in anger he told her that he wants to end this relationship and then simply went out of the studio. After listening to this Anna got devastated and so she started smoking a cigarette. After smoking she threw the cigarette in the waste paper bin and went out of the studio. While going out of the studio she had pushed the door and itself locked the door. The keys of the door were inside the studio, so it was difficult to open the studio from inside. Unfortunately the assistant who used to work in the studio was not there that day since he was on sick leave. After sometime smoke was coming out from the studio. It was due to the cigarette, which was thrown by Anna in the waste paper bin. After reaching there she found out that photography equipment and studios furniture was on fire. Knowing that the key was inside she even tried to call the fire brigade but unfortunately they wont be able to reach there until 30 minutes. Anna knew that there is an important exhibition next week of life size photographs. But fortunately those photographs were still not in fire but it could also be on fire if the fire is not stopped soon. Trying to safe those photos she picked up a brick and then smashed the patio doors of the studio. In this way she was able to save the life-size photographs from fire. In this case we need to see that whether Anna should be convicted for ant criminal liability or not. Since fire occurred due to her irresponsible behavior chances were there that she would be proved guilty for criminal charges.[7] 4Rule: To prove any person to be criminally liable he must first be proved guilty. Any criminal act consists of two main parts, which are discussed below, in detail: Actus Reus: it consists of almost all the elements of crime except the state of mind of the defendant. Generally it consists of result, conduct, omission and state of affairs. A conduct itself would be considered as criminal. Examples of conduct crime would be theft, rape, possession of drugs and perjury.[8] There are chances that conduct may not be criminal but the result would be criminal. Examples for result crime would be assault, murder, criminal damage and battery.in state of affairs crime it mainly consists of being rather than doing. [9]Examples for such crimes would be a person who is drunk while driving or being an illegal alien. In the case of omission crime there is no liability for a failure to act. Example for this case would be a small child is getting drowned in shallow water but his parent is not doing anything to save him. Such cases would not be considered as criminal. But there are certain exceptions to it, which would be statutory duty, contractual duty and dutie s, which are imposed by law.[10] Mens Rea: it consists of the criminal mid of a person. More than a physical hurt what is more dangerous is a criminal mind. To physically injure a person first requires an intention to injure that person. Unless an intention is there in a persons mind he cannot physically injure a person. [11]That is why a criminal mind is very dangerous. Now almost all criminal systems requires an element of criminal intent for mist of the crimes m=which are committed. Just on the basis of physical injury a criminal cannot be considered guilty. There are chances that a person was injured unintential then such cases would not be considered criminal. So Mens rea is considered to be equally important with the actus reus.[12] Application: As we have seen that in the present case Anna is being seen as a guilty person. But actual position was something else. When she was smoking in Edis studio she had just thrown away the cigarette after smoking in the paper win. She didnt even know that the bin would be having papers which in-turn would catch fire. But unfortunately due to the cigarette the whole studio was caught on fire. Even when she went outside the studio she closed the door but she didnt knew that the keys were kept inside. And even when she saw that studio was on fire she even called the fire brigade and after that she tried to save the studio as well by throwing bricks. At the end she saves the life-size photographs, which were going to be used next week by his boyfriend in an exhibition.[13] This act by her clearly shows that her act was unintentional. She didnt have the intention to put the studio on fire. It was just due to her careless behavior that studio was on fire. There was Actus Reus in this case since the property was damaged due to her careless behavior. She would be considered guilty if the court gives decision only the basis of actus reus, but apart from this even mens rea is considered while taking any decision. In this case she would not be considered guilty just on the basis of mens rea. She was angry after she had seen her unflattering photographs so she even broke the memory card. But she never even thought in his mind that she wanted to destroy Edis studio. She just wanted to destroy the memory card and which she already did it.[14] So as per criminal law if one needs to be proved guilty then he should be proved guilty in both Actus Reus and mens rea. But in the present case of Anna, she is just at fault as per the Actus Reus but not as per Mens rea. She never had the intention to put Edis studio on fire. So on the basis of this she would not be criminally liable in this case. Conclusion: on the basis of criminal law and the facts of the case it is clearly observed that Anna would not be criminally liable for the fire in the studio. It was unintentional from her part, it was just due to small careless behavior that studio was on fire. If she had the intention to commit a crime then she would have been guilty but since she didnt had any intention to destroy the studio, she would not be considered guilty in this case.[15] She was angry on her boyfriend so she broke his memory card. But nowhere she had shown her intention to destroy Edis studio. So in the present case Anna is not considered as criminally liable and should not be considered guilty. References Actus Reus' (E-lawresources.co.uk, 2016) https://e-lawresources.co.uk/Actus-reus.php accessed 19 March 2016 Actus Reus Lecture Notes | Criminal Law | Law Teacher' (Lawteacher.net, 2016) https://www.lawteacher.net/lecture-notes/criminal-law/actus-reus-lecture.php accessed 19 March 2016 Age Of Criminal Responsibility - GOV.UK' (Gov.uk, 2016) https://www.gov.uk/age-of-criminal-responsibility accessed 19 March 2016 'Causation In Criminal Liability' (E-lawresources.co.uk, 2016) https://e-lawresources.co.uk/Causation-in-criminal-liability.php accessed 19 March 2016 CASELAWYER (DENIS MARINGO): HAUGHTON V. SMITH [1975] A.C 476, [1973] 3 ALL ER 1109, [1974] 3 W.L.R. 1 HAYWARD (1908)' (Caselawyer.blogspot.in, 2016) https://caselawyer.blogspot.in/2015/01/haughton-v-smith-1975-ac-476-1973-3-all.html accessed 19 March 2016 Crime Library: Actus Reus | Crime Museum' (Crimemuseum.org, 2016) https://www.crimemuseum.org/crime-library/actus-reus accessed 19 March 2016 Haughton -V- Smith, On Appeal From Regina -V- Smith (Roger); HL 21 Nov 1973' (swarb.co.uk, 2015) https://swarb.co.uk/haughton-v-smith-on-appeal-from-regina-v-smith-roger-hl-21-nov-1973-3/ accessed 19 March 2016 Haughton V Smith' (Vanuatu.usp.ac.fj, 2016) https://www.vanuatu.usp.ac.fj/courses/la205_criminal_law_and_procedure_1/Cases/Haughton_v_Smith.html accessed 19 March 2016 Haughton K, 'An Overview Of Disk Storage Systems' (1975) 63 Proceedings of the IEEE Ltd A (Allaboutlaw.co.uk, 2016) https://www.allaboutlaw.co.uk/stage/study-help/criminal-law-actus-reus-mens-rea accessed 19 March 2016 Mangiafico J, 'The Independence Of The Actus Reus' SSRN Electronic Journal Mens Rea' (TheFreeDictionary.com, 2016) https://legal-dictionary.thefreedictionary.com/mens+rea accessed 19 March 2016 Mens Rea | Law' (Encyclopedia Britannica, 2016) https://www.britannica.com/topic/mens-rea accessed 19 March 2016 Mens Rea In Criminal Cases' (1890) 4 Harvard Law Review Trends In Corporate Criminal Liability In The UK - The Latest Legal Features, Research And Legal Profiles - Who's Who Legal' (Who's Who Legal, 2016) https://whoswholegal.com/news/features/article/31747/trends-corporate-criminal-liability-uk accessed 19 March 2016 [1] 'Crime Library: Actus Reus | Crime Museum' (Crimemuseum.org, 2016) https://www.crimemuseum.org/crime-library/actus-reus accessed 19 March 2016. [2] Mens Rea' (TheFreeDictionary.com, 2016) https://legal-dictionary.thefreedictionary.com/mens+rea accessed 19 March 2016 [3] CASELAWYER (DENIS MARINGO): HAUGHTON V. SMITH [1975] A.C 476, [1973] 3 ALL ER 1109, [1974] 3 W.L.R. 1 HAYWARD (1908)' (Caselawyer.blogspot.in, 2016) https://caselawyer.blogspot.in/2015/01/haughton-v-smith-1975-ac-476-1973-3-all.html accessed 19 March 2016 [4] 'Haughton -V- Smith, On Appeal From Regina -V- Smith (Roger); HL 21 Nov 1973' (swarb.co.uk, 2015) https://swarb.co.uk/haughton-v-smith-on-appeal-from-regina-v-smith-roger-hl-21-nov-1973-3/ accessed 19 March 2016. [5] Haughton K, 'An Overview Of Disk Storage Systems' (1975) 63 Proceedings of the IEEE [6] Haughton V Smith' (Vanuatu.usp.ac.fj, 2016) https://www.vanuatu.usp.ac.fj/courses/la205_criminal_law_and_procedure_1/Cases/Haughton_v_Smith.html accessed 19 March 2016 [7] Age Of Criminal Responsibility - GOV.UK' (Gov.uk, 2016) https://www.gov.uk/age-of-criminal-responsibility accessed 19 March 2016 [8] Actus Reus' (E-lawresources.co.uk, 2016) https://e-lawresources.co.uk/Actus-reus.php accessed 19 March 2016 [9] Actus Reus Lecture Notes | Criminal Law | Law Teacher' (Lawteacher.net, 2016) https://www.lawteacher.net/lecture-notes/criminal-law/actus-reus-lecture.php accessed 19 March 2016 [10] Ltd A (Allaboutlaw.co.uk, 2016) https://www.allaboutlaw.co.uk/stage/study-help/criminal-law-actus-reus-mens-rea accessed 19 March 2016 [11] Mens Rea In Criminal Cases' (1890) 4 Harvard Law Review [12] Mens Rea | Law' (Encyclopedia Britannica, 2016) https://www.britannica.com/topic/mens-rea accessed 19 March 2016 [13] Mangiafico J, 'The Independence Of The Actus Reus' SSRN Electronic Journal [14] 'Causation In Criminal Liability' (E-lawresources.co.uk, 2016) https://e-lawresources.co.uk/Causation-in-criminal-liability.php accessed 19 March 2016 [15] Trends In Corporate Criminal Liability In The UK - The Latest Legal Features, Research And Legal Profiles - Who's Who Legal' (Who's Who Legal, 2016) https://whoswholegal.com/news/features/article/31747/trends-corporate-criminal-liability-uk accessed 19 March 2016

Tuesday, May 5, 2020

Nintendos Success free essay sample

You might laugh at a 12 year old when he claims his Pokemon game is serious business, yet you must admit that at Nintendo, games are serious business. Ever since 1975 when Nintendo made the significant key transition from a national playing card/small scale electronic toy company to an international video game company, its business has been blooming. From the earliest GameWatch in 1976 to the Gameboy in 1989, and the Nintendo DS in 2004, Nintendo generated one after another landmark product that won the hearts of millions of video game players all over the world (History of Nintendo. In 2006, the company introduced innovative Wii to the market, redefining the boundary of video games and opening a new channel for the company’s business. From a playing card company to a global video game producer that designs and manufactures the leading products in its sector, Nintendo has achieved success through strategic thinking. The combination of clear vision, solid purpose, efficient str ucture, creative leadership, and unique strategy paved the way for Nintendo to rise as one of the top three video game manufacturers. Nintendo creates values for its customers. For example, when a grade school child screams with joy upon receiving a Nintendo DS for Christmas or when the entire family sits in front of TV to play Wii baseball on a rainy Sunday, we have evidence that customers value Nintendo products. The company’s devotion to serve its customers is its strongest motivation to constantly renovate and design products that could fit better into the consumers’ life styles, hobbies, and budgets. Nintendo’s products are widely welcomed by consumers because the company knows consumers’ needs and wants and mobilizes its capital, human, and technological resource to make different dreams come true. The design of Wii perfectly exemplifies Nintendo’s consideration for its customers. The multi-part device is elegant, compact, lightweight, and energy efficient. Gamers can purchase different parts, such as the console, the remote, the nunchuk, or the balance board, according to individual needs. Wii is especially outstanding in is its design concept of family fun. This game theme contradicts the traditional parents’ view of video games, yet it is so urgently needed by the families that have little quality time to spend together nowadays. Wii brings families together to play sports, raise Pokemon, or even sing. The unique set up of the device invites multiple players and creates an atmosphere of bonding. On the other end of the market, Nintendo creates values for its business partners. The company’s extended branches of developers and transatlantic joint ventures are at the core of its value creation through partnership. The company parcels out the design and development of new product and new versions of existing products to multiple levels of developers around the globe. These developers are composed of smaller software design companies or individuals who do not have enough resource to stand strong alone in the vast industry. The partnership with Nintendo, the well-known video game producer, not only provides the developers with monetary support—crucial for the survival of small businesses—but also allows the developers opportunities to improve by accessing a wider range technology and resources. For example, iQue, Limited, is a Chinese joint venture with Nintendo. iQue manufactures and distributes official Nintendo consoles and games for the mainland Chinese market under the iQue brand. With the support of Nintendo, Wei Yen, iQue’s founder, has also able to design and produce the company’s own first product, iQue (Nintendo. 2008 Annual Report. ) Nintendo’s effectiveness in continuously creating value for its customers and business partners is based on its delicately structured business model. The company is now a multinational corporation with multiple principal offices and distribution centers in North America, Oceania, Europe, Africa, and its home Asia (Nintendo. 2008 Annual Report. While the Japanese headquarter serves as the control center of the company, monitoring sales, planning budgets, analyzing the market trend, and evaluating the overall performance, Nintendo distributes the job of product design and manufacture into many smaller that specialize in software design, computer programming, or CPU manufacturing. Instead of trying to perform every step in the production process alone, Nintendo wisely chooses to build solid and long lasting partnerships that will allow the firm to reduce the cost of building design studios or manufacturing plants but still produce the high quality products. For instance, its famous developer Monolith Soft, that also worked with Nintendo’s rival, Sony, to develop PlayStation 2, delivers top selling games for Nintendo DS and Wii (Nintendo. 2008 Annual Report. ) The keys in its successful partnership are trust, degrees of freedom, and quality control. The company strictly controls the licensing process before it works with the development studios; yet once it builds the partnership, Nintendo encourages creativity from its developers and allows much freedom for the studios to design software that reveals their own concepts and ideologies. The company follows the same rule for the manufacturers. Nintendo takes great amount of effort to research top manufacturers. IBM and ATI, two of the best from the business, produce cutting-edge CPUs of Wii (Nintendo. 2008 Annual Report. ) To ensure the integrity of the products, Nintendo not only controls the quality, but also instills its own values and regulations into the production process. As a result, the products designed and produced by different partners carry the essence and spirit of Nintendo’s corporate culture. Nevertheless, Nintendo was not always as successful as it is today. Founded in 1889 by Fusajiro Yamauchi, Nintendo started as a small Japanese playing card business based in Kyoto. The company produced and marketed a playing card game called Hanafuda. In 1956, a visit to the U. S. Playing Card Company reminded Hiroshi Yamauchi, the grandson of Fusajiro Yamauchi, about the limitation of the playing card business. The insight led to Nintendo’s disastrous venture into a taxi company and even a â€Å"love hotel† chain, a TV network and a food company. The fragmentation of its capital in new business venture along with the decrease in sale of playing cards caused the downfall of the company. Fortunately, the turning point came in the 1970s when Hiroshi Yamauchi wisely re-determined the direction of the company and successfully transformed it into an electronics/technology company (Nintendo. Company History. ) In 1970, Nintendo’s stock listing moved to the first section of the Osaka Securities Exchange. In 1980, Nintendo entered the North American market and established its first oversea subsidiary, Nintendo of America Inc. trading on pink sheets with the ticker symbol NTDOY (Nintendo Database. ) Since its enterance of the electronic era in 1975, Nintendo’s development speeded immensely as a result of the popular game console Gameboy series. As the company gathers more and more capital from its booming sales, it expands into global market with approximately 20 major offices and distribution centers in five continents. The structure of the company greatly changed from a small firm that designs, produces, and markets its own products to a complex corporation that operates on different levels and divisions with centralized power. Nintendo owns and works with more than a hundred internal and outside first, second, and third party design studios in product development. Internally, its Research and Development is composed of three branches: Nintendo Technology Development, Nintendo Integrated Research and Development, and Nintendo Technology and Engineering. The company’s Sales and Market Research Department is empowered by professional market researchers such as HFI Inc, NES Merchandising Inc, NHR Inc. , as well as its own Nintendo Research, Inc. (Nintendo. 2008 Annual Report. With such a powerful and complete engine that generates new market trends, sales, and technologies, the company is able to gather sufficient amount of information that is crucial in the decision-making process. To lead this organization that has great complexity and various areas of specialty, Nintendo’s leadership team is composed of competent leaders whose intelligence and personalities have left legacies of sound practice and good stewardships for the company. The legendary CEO, Hiroshi Yamauchi, took the position in 1949 and remained the head of the company for more than half a century. He took Nintendo through major transitions in the 70s and established the company as the top three video game producers around the globe. In 2002, the former CEO broke the historical inheritance of the company and passed the torch to Satoru Iwata, Nintendo’s first CEO outside the Yamauchi family. Two other major officials, Masaharu Matsumoto, the Managing Director in the General Manager and Finance and Information Systems Division, and Eiichi Suzuki, the Managing Director; in the General Manager and General Affairs Division serve as the left and right hands of the CEO, aiding him in human resource management and product distribution. Under this leadership team, Nintendo merged all software designers under the EAD (Entertainment Analysis Development) division and renovated internal development divisions into five groups: Nintendo EAD, Nintendo EAD Tokyo, Nintendo Integrated Research Development, Nintendo Software Production Development, and Nintendo Technology Development (Nintendo. 2008 Annual Report. Working as a software designer for Nintendo for years before taking the challenging CEO position, Iwata has the insight of venturing into new avenue in video the game industry and greatly contributed to the design concept of Wii—Nintendo’s landmark product in the present market (Nintendo Database. ) The invention of Wii is the best example of Nintendo’s business strategy. This innovative game console is a major breakthrough of this sector because it turns over the traditional assumptions about video games as sedentary and visual and seamlessly connects physical activities and inter-personal bonding in one game. While the traditional video games try to appeal to visual elements by enhancing the pixels and 3D motion quality, Wii focus on move the gamers from emotional level. Nintendo focuses on the consumer’s feeling rather than its product. Wii does not equal to video games; Wii aims at the fun consumers enjoy while they play (Kjerulf. ) Thus by setting Wii apart from the traditional consoles, Nintendo is competing on completely different terms than Sony and Microsoft. Wii doesn’t intend to be a best-of-breed videogame console: Wii is cheap, has no Hard Disk, no DVD, no Dolby 5. , weak connectivity, comparatively low processor speed, but blows minds away with its innovative motion control nunchuk. The nunchuk integrates the movements of a player directly into the video game. With this feature Nintendo opens up the game console world to a completely new public of untapped non-gamers (Kjerulf. ) Such strategy of making competition irrelevant, in Wii’s case deviating attent ion from the core group of consumers to attract non-core video game players and possibly a lot more first-timers, is referred as Blue-Ocean Strategy by W. Chan Kim and Renee Mauborgne in their book Blue Ocean Strategy (Nintendo’s Blue Ocean Strategy. ) While Microsofts Xbox and Sonys PS3 are fighting each other fiercly in a red ocean, the existing market, Nintendos Wii is calmly sailing in the blue ocean it created for itself. As for year 2008, Nintendo outcompetes its rivals Sony (PS3) and Microsoft (Xbox) Nintendos unit sales of 720,000 Wiis are followed in descending order by Nintendos DS platform with 698,000 units; Sonys PSP with 297,000 units; Microsofts Xbox 360 with 262,000; and Sonys PS3 with 257,000 (Emigh. Although Nintendo clearly understands the 80-20 rules in business, it dares to explore new possibilities of money-making by shifting the design concept and marketing strategy. While the main group of consumers, that is the 80% of revenue source and 20% of all its consumers, still consists of children, teenagers, and young adults who have always been active buyers in video game market, Nintendo challenges this rule b y designing and marketing Wii. The result is clear to all now: Nintendo not only successfully expands its revenue sources but also broadens the avenue for future development. In the years to come, the success story of Wii will continuously serves as an inspiration to Nintendo—a company that encourages creativity and innovation, welcomes changes and fresh blood, and focuses on people rather than tools or technologies. Innovation is big in Nintendo. In the next five to ten years, the company will consistently seek new angles and technologies in video game development including online gaming, while keeping expanding the existing trade marks such as Gameboy, Nintendo DS, and Wii (Gogia. With the mission to be â€Å"strongly committed to producing and marketing the best products and support services available,† Nintendo believes it is essential to provide products of the highest quality and to treat every customer with attention, consideration and respect (Nintendo. 2008 Annual Report. ) It will continuously put people first by listening closely to its customers and by constantly improving its products and services. The guiding concept of â€Å"focus on people† in the mission statement is not only revealed by its promise to all its customers to provide the best possible products and customer services, it is also revealed by its goals and visions toward its employees. As stated in their mission statement for the employees, Nintendo feels â€Å"an equal commitment toward its employees† and believes â€Å"in treating our employees with the same consideration and respect that it, as a company, shows its customers† (Nintendo. 008 Annual Report. ) The company aims to maintain an atmosphere in which talented individuals can work together as a team. Because commitment and enthusiasm are crucial to the high quality of its products, Nintendo holds high expectations for its employees to devote to the company and work with passion. Nevertheless, employees enjoy freedom of creativity and individuality, have large room for personal development, and are encouraged to propose innovative ide as. Besides the positive environment it creates for its employees, Nintendo spends efforts in building its unique corporation culture which gradually distinguishes itself from other companies in the industry. For example, outside the world of video games, Nintendo owns Seattle Mariners, an American professional baseball team based in Seattle, Washington (Nintendo. 2008 Annual Report. ) As baseball is the national sports in Japan, Nintendo’s ownership of a major U. S. baseball league shows people its love for the sport and builds up a human-like characteristic of the company that makes it closer to its consumers and employees. The company also strives to be a good corporate citizen of the community. Not only it concerns with its own profit, but also it cares about its customers and the environment. It protects the environment by designing energy-efficient game tools, such as Wii, while it helps its customers live a healthier life by introducing physical motions. The demanding yet encouraging atmosphere and the vivid and deeply implanted corporate culture become the reasons that Nintendo ranks high in its employees’ heart and in the community’s mind. As a result of continuing executing its strategy of expanding the gaming audience by offering a variety of products which satisfy both novice as well as skilled gamers over the past years, Nintendo has achieved record results in both net sales and income. Net sales were 1,672. 4 billion yen (US$16,724 million) increased by 73. 0 percent from the previous fiscal year, operating income was 487. 2 billion yen (US$4,872 million) increased by 115. 6 percent from the previous fiscal year, ordinary income was 440. 8 billion yen (US$4,408 million) increased by 52. percent from the previous fiscal year, and net income was 257. 3 billion yen (US$2,573 million) increased by 47. 7 percent from the previous fiscal year (Nintendo. Annual Financial Report. ) In FY 2008, the total revenue for FY 2008 is $1,672,423 (Nintendo Co. Ltd. Financial Times. ) An investor should definitely consider Nintendo as a profitable bet, because its clear focus and intuitive vision promise its bright future. In fact, the general market trend of video game industry is positive in the next decade. Even in a tough economy, the US market for video game hardware, software, and accessories soared 57% from March 2007, reaching a total sale of $1. 7 billion milestone in March 2008 (Emigh. ) Driven by expansion of software sales, a growing installed base of the new generation of console hardware as well as favorable handheld hardware sales over the past year, the market is projected to continuously grow. What makes the video game sector remain viable in a downward economy might be caused by â€Å"a shift in preferences for expenditures of consumer dollars as attributed by Groups David Riley. However, what makes Nintendo stand out among its competitors in today’s market is its solid concept of focusing on people, in other words, to think outside-in of what products and service consumers want and its intuitive way of thinking outside the box, as trite as it might sounds. These two factors along with its strong partnership with affiliated companies, its efficient business model, its organized structure, and its charismatic leadership and corporate culture ensure the company a promising outlook.

Saturday, April 11, 2020

Political Cartoons Essay Examples - Dont Let Time Keep You From Using Cartoons As Resources For Your Essay

Political Cartoons Essay Examples - Don't Let Time Keep You From Using Cartoons As Resources For Your EssayNowadays there are a lot of sources for political cartoons. On the other hand you also have sources for professional essays. Sometimes students really don't have time to analyze all sources in a fast way.What's worse is that it is not very comfortable to sit and read a work, while you have some other things on your mind. And the worst thing is that no one ever thought about when you need to use these resources - before you ever needed them. Below are some examples of such cases.In school, you have different kinds of things like - APs, college, theses, etc. It all depends on the topic of the term. If you happen to study technical subjects, you might need to use your own original works, while you can also ask the tutor for help if necessary.On the other hand, if you are looking for a place to get a job, you have the option of going to a formal college or an online university. In s chool, you need to prepare your own papers. But there are several resources out there that you can use - like as an essay samples.You can choose to use one of these papers. Of course, you are free to edit or add to them. If you like it, make it better, if you don't like it, make it better.At least you have the option of using these essay samples. Most likely, you cannot consider it as a resource, since it isn't - so you have to turn to the web for them. It's also a good way to learn from an expert, since you can find lots of articles about cartoons on education.So, I recommend that you at least consider including some cartoons articles in your studies, as it can help you with a lot of things. Just remember - don't hesitate to use them as a resource, when you need. Most of the time, students just don't have time to analyze all sources in a fast way.

Sunday, April 5, 2020

The Manhattan Project Essays (1139 words) - Manhattan Project

The Manhattan Project The Manhattan Project The Manhattan Project was and is still one of the most secretive projects ever created in United States history. The purpose of the Manhattan Project was simple: to build; test; and unleash its power if necessary. Robert Oppenheimer and General Leslie Groves were the two men put in charge of this mission. These two men along with the top scientists from around the country were brought together to construct the most deadliest thing known to man. The project originated in the Pentagon in 1942 when General Groves was told, by the White House, he was to lead the Manhattan Project. World War II had already been raged for three years when the Nazis, after being victorious in Europe, declared war on the United States. This was nine months after the bombing of Pearl Harbor. In September of that year, Groves, met with Leo Szilard and asked him if making the atomic bomb was possible. Leo told him how an atomic bomb would work, but also that it is impossible to build. General Groves only wanted to hear that an atomic bomb was conceivable in theory and then he knew to start the project. In October of 1942 Groves went to California to meet with Robert Oppenheimer, one of the most brilliant scientists in the country. Groves informed Oppenheimer that he had been selected to lead the expedition on trying to invent the atomic bomb. Oppenheimer immediately started preparing by telling Groves that they needed an isolated area with one ringmaster(Oppenheimer). General Groves was in charge of the military or security part of the project, while Oppenheimer was in charge of the organization of the scientists and ideas. At times, Oppenhiemer and Grooves had some nasty arguments over policies. Even though Groves was the one who reported to Washington, Oppenheimer had more power and Groves was aware of this. If they had a disagreement, Oppenheimer would threaten to leave the project and take his scientists with him. Groves knew if this occurred then the project would never be finished. So, Grooves most always ended up agreeing or letting Oppenheimer do what ever he wanted to do. In April of 1943, this isolated area was being build in Las Alamos, New Mexico. The borders consisted of barbed wire fence accompanied by guard dogs. Many laboratories, storage buildings, shelters, hospitals, dining halls, and other buildings were found inside these borders, also. One thing that was not found inside these borders though was women, not even wives of the scientists. No scientist was allowed to talk to anyone outside the camp about what they see, hear, taste, or even smell. Everything they knew belonged to the army now. Everything they knew from here on was highly confidential. There job was to create the atomic bomb and to do nothing else but that. They were to refer to bomb as the gadget or devise for security reasons. The scientists were given 19 months to complete their mission. Most of them complained that it could not be done, that it was not enough time. Under the leadership of Oppenheimer the work and research began. After several days, their work got them no where. They were faced with the problems such as weight, velocity, and detonation. To make such a bomb they needed materials heaving enough to weight tip the biggest cranes in the world. Late one night, while eating an orange and talking to another scientist, Seth Neddermeyer (a scientist) thought of an idea called implosion. He got the idea from the orange he was eating. This was probably the one idea that the atomic bomb is centered around. Without implosion, the atomic bomb could not be created. When he squeezed the orange, juice squirted out or an outwards explosion. If you can reverse this process, then the explosion goes in creating a even bigger force. This theory applies to Plutonium. Implosion occurs causing a chain reaction which in return causes an outwards explosion. If an inwards explosion occurred the Plutonium atoms would split apart creating the biggest explosion known to man. The problem was now creating an inward explosion. By this time, turmoil started to arise inside the camp. Many scientists began complaining about the drastic security measures that were being taken. Things such as the guard dogs and the FBI talking to the families of the scientists bothered them greatly. Also the scientists feared that Germany was ahead of them in creating the bomb. Not helping the situation, Oppenheimer had an affair with a Communist woman named Jean who he had known for quite some time. The army learned of

Sunday, March 8, 2020

CLC Bioterrorism Essays

CLC Bioterrorism Essays CLC Bioterrorism Essay CLC Bioterrorism Essay CLC Bioterrorism Name: Course: Instructor: Institution: Date: CLC Bioterrorism Part 1: You will assess the value of quarantine and isolation in controlling disease due to biological terrorism. Use a specific example to support your position. Bioterrorism is defined as the intentional discharge of biological agents with the sole intention of causing harm such as disease or death on a target population. In the event of a bioterrorism threat materializing, state authorities as well as the health authority are responsible for directing and ensuring that affected and infected individuals to get relevant and adequate treatment. Quarantine is also necessary in instances of communicable diseases, which have been brought into the country with the aim of making the population ill (National Association of County and City Health Officials, 2006). Quarantine is described as the process of compulsory isolation of individuals in part of the population with the aim of curbing the spread of dangerous diseases or epidemics. This is actualized by physical separation of individuals who latter receive treatment and further tests for the presupposed conditions. During the Severe Acute Respiratory Syndrome (SARS) epidemic, authorities around the world ensured the presence of quarantines in their respective countries with the aim of curbing the spread of the deadly disease. People were subjected to strict quarantine measures with the aim of ensuring that they were in no position to be exposed to those who had not yet contracted the disease (Riley, 2003). Despite the criticism over the restrictive approaches used, this proved to be an advantage as it prevented the spread of a deadly disease that could have infected and eventually killed many people. In addition, isolation is also paramount if individuals exhibit signs of communicable disease, which is deadly to any population, they are quarantined as treated to ensure that the disease does not recur and eventually infect other individuals. Isolation is enforced by state and federal offices with an aim curbing spread of the disease and gaining adequate information about the disease and its traits. Information about biological agents could only be attained through adequate and constant studies of the disease under restrictive conditions such as isolation. Such enables the state and federal laws to develop countermeasures of suppressing the biological agents and the spread of the same. In addition, information about the disease or biological agents is also vital for the organization as i t helps in the development of medicine for neutralizing and reducing the effects of the disease. Part 2: You will list some major factors that emergency managers and public health planners must consider when including quarantine and isolation in public health emergency response plans. The spread of any biological agents is a cause of worry for the population. Hence, governments’ agencies are usually tasked with ensuring that individuals are safe from harm or threats from such agents. Quarantine and isolation is executed with the various considerations in mind. Among such considerations are the legal issues at hand in terms of the individual rights due to involuntary holding of an individual who is considered as a health risk to the country. In addition, health agencies medical practitioners and emergency health agencies should also put into consideration the need for declaration of the spread of the biological agents as an emergency to the state. Such requires adequate legal framework to follow the required processes to ensure that the announcement of an emergency is done so with surety that the biological agent infections amount to such (American Medical Association Southern Illinois University at Carbondale, 2008). Furthermore, the means of ensuring adequate restriction should be of adequate consideration to the various legal and individual needs of the populace. Furthermore, restrictions should be in agreement with the infected individual through signatures for the eventual development of binging agreements with the infected of potentially infected individuals. The initial process to quarantine and isolation is usually defined in legal statues of health and emergency agencies. Such ensures that these agencies have a definition of what amounts to use of quarantine and isolation for the suppression of the biological agents. Moreover, considerations such as individual privacy in the event of hospital or institutional quarantine should also be considered to ensure that individuals are able to conduct their private affairs without any fear or invasion of privacy. References American Medical Association Southern Illinois University at Carbondale. (2008). Code of medical ethics of the American Medical Association: Current opinions with annotations. Chicago: AMA Press. National Association of County and City Health Officials. (January 2006). â€Å"Issues to Consider: Isolation and Quarantine.† Control of Communicable Diseases Manual, 18th Edition. Riley, S., Fraser, C., Donnelly, C. A., Ghani, A. C., Abu-Raddad, L. J., Hedley, A. J., Leung, G. M., . Anderson, R. M. (January 01, 2003). â€Å"Transmission dynamics of the etiological agent of SARS in Hong Kong: impact of public health interventions.† Science, 300, (5627).

Friday, February 21, 2020

ECE440 Week4Discussion Essay Example | Topics and Well Written Essays - 250 words

ECE440 Week4Discussion - Essay Example Working with children requires an understanding of the best methods of attaining their attention. The idea is to get the most essential attributes that will precisely provide children with a higher chance of remembering what they are taught. Essentially, the demands of these children are pegged on the ability to reach out to the structures intended to remind them of what they read, and have a view of what they are learning (Shores, & Grace, 2005). This is a great way of ensuring the students do understand what they learn, and capitalize on their ability to memorize the pictures. It also reduces the processing demands of semantic information, reducing the complexity of the information attained. It also improves the children’s ability to learn strategically, with an emphasis placed on their communication skills, reading and writing capabilities, as well as analytical creative and critical thinking skills (Atkins-Burnett, & Meisels, 2005). The constructions of such patterns in th eir minds provide a greater understanding of the thinking constructs that define the results

Wednesday, February 5, 2020

Television Research Paper Example | Topics and Well Written Essays - 500 words

Television - Research Paper Example San Francisco and its sights were incorporated very well in the show, as locations in the city were shown each episode and given the emphasis and focus on the city itself and its popular locations. Another show that was shot in San Francisco was a reality show called "The Real World: San Francisco" and featured various people from the city living together for a few months in a sealed house and being followed and monitored by cameras. The city itself was clearly not incorporated in the show, but the mentality of the city and its residents was expressed as all of the contestants were local. A show called MythBusters was also filmed in San Francisco. It was a popular science program that focused on urban legends, popular beliefs, rumors and other myths. In each episode, the cast would focus on one or more of those and go out to try and prove or disprove them. The locations the crew went to were all in San Francisco, but the city doesnt play a major role in the show. Contrary to these shows, many shows have been filmed in other locations, mainly Los Angeles or Vancouver for example, but "took place" in San Francisco. In other words, the plot was about the city of San Francisco, while the show wasnt actually shot in the city. For example, the popular show Charmed was filmed in Los Angeles but also featured opening and closing shots of San Francisco, especially the Golden Gate Bridge and skyscrapers in the city. The show was about three sisters who were witches and that fought the forces of evil, including demons, warlocks, evil witches, and dark wizards and so on. In this show, the city was always in the background. Although it wasnt shot in San Francisco, the filming locations tried to give the sensation of San Francisco. Also, there were many scenes featuring the Golden Gate Bridge and taking place in it. One other example for such a show is the show Full House, which told the story of a widower named Danny Tanner who is raising his three young daughters with