Friday, January 31, 2020
Florida Shrimp Industry Analysis Essay Example for Free
Florida Shrimp Industry Analysis Essay What if it were logical and profitable to merge two of the fastest growing shrimp industries in the United States today? That is exactly the idea behind ââ¬Å"bait shrimp productionâ⬠, the latest development in the combined evolution of the valuable live bait shrimp industry and the continual growth arena of aquaculture. Farm-raised bait shrimp is a very appropriate combination of the two businesses; both have a historical development in Florida for over forty years. Florida has been proclaimed the ââ¬Å"Fishing Capital of the Worldâ⬠with its 1,197 statute miles of coastline hosting 3. 4 million anglers annually. The statistics regarding the recreational fishing industry in Florida are astounding. The Florida Fish and Wildlife Conservation Commission (FWC) reports: â⬠¢The economic value of recreational fishing to Florida is $7.0 billion and supports 75,000 jobs. â⬠¢Recreational fishing is the second largest sports industry in Florida with over 700 world-record fish caught. Live bait shrimp is the nucleus around which evolves Floridaââ¬â¢s saltwater sport and recreational fishing. It is the preferred bait for fishing near shore species such as snook, sea trout, redfish, snapper, cobia and mackerel. The business of catching and supplying live bait shrimp began with a few individuals supplying themselves, and a few bait shops in the 1950ââ¬â¢s to becoming a multi-million dollar industry with exports throughout the Southeast United States. This growth is a testimony to the pre-eminence of shrimp as the most popular live bait among saltwater anglers in Southeast United States. The message is clear the recreational/sport fishing industry and live bait shrimp are well established in Florida. And their popularity is growing amongst the14 million people (75% living within 10 miles of the coast) and the 40 million tourists who visit each year. Commercial fishermen currently supplying 100% of the bait shrimp market experiences regulatory restrictions, seasonal declines in wild stocks, and unreliable labor causing unpredictable shortages and as such are unable to meet the increase in the market demands. The FWC and Florida Department of Agriculture and Consumer service reports: â⬠¢As the tourist and recreational fishing industry continues to increase in Florida so will the bait shrimp business. â⬠¢Fishermen love to use live bait shrimp and retailers are always running out of bait before they run out of customers. â⬠¢The retailer wants consistent deliveries of bait shrimp in numbers that will keep the customers walking through the door of their shop â⬠¢Although the fishing effort has increased 50% over the past ten years, the live bait harvesters cannot meet the market demands. This increase in demand without an increase in supplies has resulted in an extremely high dollar value of live bait. This increase in demand, low supply and high dollar value has attracted the attention of shrimp producers. Now for the other half of the combination shrimp aquaculture. As the demand for live bait shrimp has expanded without an increase in supplies, the inevitable has begun to take place culturing Floridaââ¬â¢s endemic penaeids for bait size shrimp using hatchery and production technologies developed for other economically important penaeids. Wholesale distributors cannot get adequate supply of bait shrimp certain times; retailers are forced to accept inaccurate counts and variable sizes of wild bait, which they will loose almost 30% in mortalities during the course of the day. Retailers cannot consistently provide the customer with the desired size and often sell ââ¬Å"mixesâ⬠. Fishermen are reliant on the seasonal migration, molting periods and life cycles of the natural population; as such they cannot guarantee quality or volume. Shrimp spawn in April/May releasing eggs that move with the tides and currents into estuaries, where they spend their postlarval and juvenile stages before migrating back to deeper waters. Bait size shrimp are virtually impossible to harvest in June, July, and August due to this natural life cycle; and are in short supply September through December. It is the winter months January through April that suppliers, wholesalers and retailers can experience marketable size bait shrimp. However, even during this time period, harvesting of small animals causes immediate stress and holding them in ââ¬Å"liveâ⬠haul tanks for long distance deliveries results in high mortalities. Enter the growth industry, Aquaculture, dedicated to providing consumers what they need ââ¬â healthy, quality seafood and aquatic products at market prices. The inability of the fishermen to provide year round live bait shrimp, there is a significant gap supplies. From this lack of product will grow the combination of live bait shrimp and aquacultureââ¬â Live Bait, Inc. Live Bait, Inc. will produce bait shrimp is at high densities in enclosed facilities equipped with multi-phase, recirculating systems. Bait size shrimp will be cultured to three variable sizes, (8,10, and 12 grams) to provide the retailer with desired ââ¬Å"mixesâ⬠. Bait shrimp production facilities, unlike shrimp boats, can be located through out Florida in high value areas that support a large volume of recreational fishing and tourism. Live Bait, Inc. will focus on providing existing market channels with high quality bait at market prices, in a consistent and reliable manner through out the year. The first bait shrimp production facility is said to have been an offshoot of a Texas AM project developing production systems for Gulf of Mexico endemic shrimp. The species of choice for this area are brown shrimp (F. aztecus) and it is believed that the company, although small scale, Lone Star Fishery, is experiencing continued success. There is a tremendous interest amongst fishermen and wholesale dealers in developing culture systems for bait shrimp. However, once they realize the capital investment and risk involved, they become interested in buying from Live Bait, Inc. The market for live bait shrimp is continuing to grow, especially during the summer when local residents and tourists target inshore species. This year-round demand, unreliable supplies and high dollar value ensures a continued market for this commodity. Industry Participants There are several groups of industry participants, which must come together in order for Live Bait, Inc. to function well. 1.Wholesale Dealers. Everything begins and ends with this customer. Wholesale distributors have established marketing channels and will be buying directly from the production centers. Each production center must first identify the base of the wholesaler from which the high volume, high value business will be drawn. Their attitudes, needs and abilities must be the genesis of each decision in designing the size and location of production facilities. 2.The Nuclear Breeding Center. For long-term sustainable production and the Florida Department of Aquacultureââ¬â¢s support and sanctions; it is imperative that a breeding program for F. duorarum be established from the beginning. Experience has proven the necessity of SPF stocks in minimizing the incidents of diseases and animal stress from high density, mass production. 3.. For Live Bait, Inc to produce, cost-effective, quality bait shrimp it needs outstanding seedstock. Large numbers of seedstock at affordable prices will needed, on a weekly basis in order to maintain the sequential stocking required by multi-phase systems. 4.Management/Production Team. This is the triangulation point where it all comes together. The team must identify the best locations; design the most cost effective facilities and production systems, produce shrimp using state-of-the-science technologies to provide high quality bait shrimp available for daily pickup. Who are the individuals or groups that are likely customers of farm raised live bait shrimp? Fortunately, there are some marketing surveys that have been conducted Florida state agencies, the US Department of Commerce and Mariculture, Inc. that can provide some answers even in this new concept. The target market for Live Bait, Inc. is the wholesale dealer/distributor, who currently is supplied 100% by the bait shrimp fishery. Currently, wholesale dealers either buy dockside from shrimpers and/or they use their own boats. As such they are located within close proximities of bait shrimping boats and not necessarily in the high value tourist areas. Each GLBââ¬â¢s locations will develop its facility, production numbers, sizes and services around the target audience ââ¬âwholesalers. GLB will target several distinct groups: 1.Wholesalers, which fit the basic demographic characteristics of supplying retailers from great distances. These will be wholesalers who either buy dockside from shrimpers and/or they use their own boats. As such they are located within close proximities of bait shrimping boats, which are in five major regions: Hernando (Citrus, Hernando, Pasco, Pinellas and Manatee) with 47% of total bait shrimp landings; Pine Island (Lee County) with 33% of total bait shrimp landings, Biscayne Bay (Dade and Monroe Counties) with 18% of total bait shrimp landings and Jacksonville (Fernandina Beach) with 2% total bait shrimp landings. Wholesalers will truck live bait shrimp 220 miles from Homosassa to Naples or from Miami, which is 107 miles. Wholesalers from these regions supplying the North-Central East Coast, the Keys and Panhandle will be targeted. 2.Wholesalers who supply retailers dealing in large volumes. For example marinas that sell 275,000 ââ¬â 300,000 or more bait per day during the winter months and 65,000 ââ¬â 80,000 per day during the summer months. Volume in these areas severely restricted due short supplies and distance from suppliers. Retailers claim they could sell up to 300% more, if the supply were available. Wholesalers supplying large marinas, high-end fishing piers located in metropolitan areas, and retail bait/tackle stores that promote popular sport fishing tournaments will be targeted. 3.Wholesalers who supply high dollar bait to retailers located in areas support high value recreational/sport fishing and tourism. Wholesale prices for live bait vary considerably with location. For example prices in Pine Island will run $30/1,000 shrimp while in Marco Island and Naples, which is just south of Pine Island, will have prices up to $70/1,000. Wholesalers who supply retailers who are willing to pay the higher market price will be targeted. 4. Wholesalers who are receptive of farm-raised bait and will promote the product among retailers. Currently, an overwhelming majority of retailers accept the idea of farm-raised bait. Most are willing to pay between 50-100% above current prices for farm raised bait as long as the supply is consistent and reliable. Wholesalers who are willing to promote our product, pay premium prices for premium farm raised bait shrimp will be targeted. 5.Wholesalers who are either currently exporting to neighboring states, or who would like to export to other states. Florida Bait shrimp wholesalers export live bait nine months out of the year to different neighboring states. Currently they supply 60% of the Alabama Market, 20% of the South Carolina and 50% of the Georgia market. Wholesalers exporting to other states will be targeted. 6.Bait Brokers dealing in frozen bait are currently importing small frozen shrimp that are severely damaged from outside the United States. The shrimp exotic species, which may or may not be infected with viral diseases. These brokers currently cannot meet the needs of their large contracts such as those with Wal-Mart and Publix. Process them, as most of the brokers also have processing plants. 7.Wholesalers who are supplying retailers whose customers would prefer farm raised bait over wild bait for ecological and environmental reasons. These six primary target groups provide fertile ground for GLB to become a profitable operation within the first year of production. In fact, GLB will become the top producer of farm-raised bait for Florida and the entire southeast coastal corridors. Live Bait, Inc. production centers will be established in key locations through out Florida. The marinas, retail bait shops, bait and tackle shops within a thirty-mile radius will match the demographic target profile ââ¬â high volume, high market price, pro-farm raised bait, easy assess to interstate highways and are being supplied by wholesalers from great distances. A marketing survey conducted by the Florida Department of Agriculture and Consumer Serviceââ¬â¢s, Bureau of Seafood and Aquaculture Marketing has documented annual landings (harvests), volumes of bait sold by retailers, wholesale/retail prices, peak seasonal demands and months of supply shortages. Major harvesting areas are divided Hernando Regions (Citrus, Hernando, Pasco, Pinellas and Manatee) with 47% of total bait shrimp landings; Pine Island (Lee County) with 33% of total bait shrimp landings, Biscayne Bay (Dade and Monroe Counties) with 18% of total bait shrimp landings and Jacksonville (Fernandina Beach) with 2% total bait shrimp landings. Annual Landings report to Floridaââ¬â¢s Fish and Wildlife Conservation Commission by licensed bait shrimpers in 2000 was 2.46 million pounds (246 million bait size shrimp using a 100/1b count). This is 50% above the reported landings for 1991 of 1.23 million pounds 123 million bait size shrimp using a 100/lb count). Fishery managers feel the harvest numbers are under-reported on trip tickets. And since live bait shrimp is a cash industry sales are not accurately reported. Also not all shrimp caught as live bait is sold as live bait, there are high mortality rates associated with harvesting, holding and transporting. Larger shrimp will often be culled and sold as food. It is likely that the farm production needed to supply current markets will have to be 50% above reported landings to approximately 3.69 million pounds (369 million bait size shrimp using a 100/lb count).
Wednesday, January 22, 2020
Effects of Absent Fathers on Adolescents Essay -- Social Issues, Divor
The role of the father, a male figure in a childââ¬â¢s life is a very crucial role that has been diminishing over the years. An absent father can be defined in two ways; the father is physically not present, or the father is physically present, but emotionally present. To an adolescent, a father is an idolized figure, someone they look up to (Feud, 1921), thus when such a figure is an absent one, it can and will negatively affect a childââ¬â¢s development. Many of the problems we face in society today, such as crime and delinquency, poor academic achievement, divorce, drug use, early pregnancy and sexual activity can be attributed to fathers being absent during adolescent development (Popenoe, 1996; Whitehead, 1993). The percentage of adolescents growing up fatherless has risen from 17% to 36% in just three decades between 1960 and 1990 (Popenoe, 1996). Dr. Popenoe estimates this number will increase to approximately 50% by the turn of the century (Popenoe, 1996). The US Census Bureau reported out of population of 24 million children, 1 out 3 live in a home without a father (US Census Bureau, 2009). The role of a father is more than just another parent at home (Popenoe, 1996). Having a father, the male biological parent in a childââ¬â¢s life is important because it brings a different type of parenting that cannot be replicated by anyone else (Stanton, 2010). Fathers who are present and active in a childââ¬â¢s life provide great benefits to a developing child (Popenoe, 1996). Having a father brings a different kind of love. The love of the father is more expectant and instrumental, different from the love of a mother (Stanton, as cited in Pruett, 1987). The effect of an absent father can be quite devastating to the developing ad... ...istics, 1999). McBride, Brent A., Sara K., Sullivan, and Ho-Ho (2005) reported about the achievement levels in a adolescent who grows up with a father, ââ¬Å"A study of 1330 children from the PSID showed that fathers who are involved on a personal level with their child schooling increases the likelihood of their child's achievement. When fathers assume a positive role in their child's education, students feel a positive impact.â⬠(p. 201-216). Children who do not grow up in a two parent homes, are more likely to fail and repeat a grade in school. It is also important to note that children who grow up in single parent families are less likely to have parents involved with the school, 62% of children with two parent homes have parents that are involved in school, while children from single parent homes have half of them involved in school (Nord, Winquist, West, 2001).
Tuesday, January 14, 2020
John Locke -Philosophy Essay Essay
ââ¬Å"The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedomâ⬠ââ¬â John Locke. What I feel that John Locke is attempting to express in his quote is that society believes that by having laws in place the government is taking away from the freedom they long to endure. However, by having laws in place it actually helps to enforce their rights to freedom. I chose John Locke as my topic for my final paper because I have taken an interest in the life he led, his inspirations and his role in politics. John Locke was the first of the classical British empiricists. Empiricists believed that all knowledge derives from experience. He became highly influential to the political world, inspiring government representatives such as Thomas Jefferson, Thomas Paine and James Madison. Locke expressed the radical view that government is morally obliged to serve people by protecting life, liberty and property (n. a, n. d). He explained the principle of checks and balances in order to limit the power of government. He also favored representative government and rule of law. Locke insisted that when government violates individual rights, the people have a right to rebel. His views on individual rights, life, happiness and politics led Locke to become known as the 17th century English Philosopher of the enlightenment. John Locke was born August 29, 1632, in Somerset, England. He was the oldest son of Agnes Keene and John Locke. His father was a Puritan lawyer who served as a clerk for justices of the peace (n. a. , n. d). With the assistance of his fatherââ¬â¢s connections to the English government, Locke received an exceptional education. In 1647 he enrolled at Westminster School in London, where he earned his distinct honor of being named a Kingââ¬â¢s Scholar. This was a privilege that went to only select number of boys and set the path for Locke to attend Christ Church, Oxford in 1652 (n. a. , n. d). Christ Church is considered the most prestigious school in Oxford. During this educational time period, Locke engaged in logic and metaphysics. He graduated from Christ Church in 1656 and returned two years later to pursue a Masters of the Arts. This accomplishment soon led to Locke taking on tutorial work at the college. In 1668 Locke was elected a fellow of the Royal Society. The Royal Society is a fellowship of the worldââ¬â¢s most eminent scientist and is the oldest scientific academy in continuous existence (n. a. ,n. d. ). Locke then went on to study philosophy and medicine at the University of Oxford and graduated in 1674 with a bachelorââ¬â¢s of medicine. Locke did not want to commit his life to a religious order and therefore turned down a permanent teaching position from Oxford. This opened the doors to an opportunity serving as a private physician and secretary to Anthony Ashley Cooper, the Earl of Shaftesbury (Kermerling, 2011). During the summer of 1666, Anthony Ashley Cooper visited Oxford where he met Locke who was at the time studying medicine. Cooper, who was suffering from a liver cyst which threatened to become swollen and infected, requested that Locke be his personal physician. Locke accepted and soon moved into a room at the Cooperââ¬â¢s Exeter House mansion in Westminster, London. Cooperââ¬â¢s condition worsened and Locke was in a position of opportunity to heal the Earl successfully. In 1668, Locke supervised a successfully surgery and save the life of Anthony Ashley Cooper, the Earl of Shaftesbury. This honorable act led Locke to become a valued partner of Shaftesbury. After Shaftesbury stature grew, so did Lockeââ¬â¢s responsibilities. He assisted in the Earlââ¬â¢s business and political matters and after Shaftsbury was made chancellor, Locke became his secretary of presentations. Locke was involved in just about everything that Shaftsbury did. This included the formation of the Whig party. The Whig party was a political group which consisted of politicians from America, England and Scotland who opposed King Charles I of England. Locke maintained correspondence with the party to assist with influencing Parliamentary elections. Shaftsbury was imprisoned for a year and on his release he helped pass the Habeas Corpus Act in 1679 which made it unlawful for government to detain a person without filing formal charges. The act also specified that an individual could not be put on trial for the same charge more than once (n. a. ,n. d). Shaftesbury was a strong influence to John Locke and helped pave his way for future success through experience ââ¬â Empiricist. During the reign of King Charles II it was illegal to write, read or have books in oneââ¬â¢s possession that pertained to any negative press against the government. Although it was risky, Locke continued his mission. He wrote about his experience with political actions. One treatise attached a claim that the Bible sanctioned tyrants and that parents had absolute authority over children. A second treatise presented an epic case for liberty and the right of people to rebel against tyrants. He pushed to a radical conclusion which attacked slavery and a defense of revolution (n. a. , n. d. ). Locke fled to Rotterdam on September 7, 1683 to avoid legal action (n. a. , n. d. ). The English government tried to have Locke extradited for trial and possible hanging. Lock fled to London and assumed the name ââ¬Å"Dr. van der Linden. â⬠He signed letters as ââ¬Å"Lamyâ⬠or ââ¬Å"Dr. Lynneâ⬠(n. a. ,n. d. ). Locke assumed that the government would intercept mail, so he protected friends by referring to them with numbers or false names. His excuse to friends for moving to Holland was that he enjoyed the local beer. In Holland, Locke began to work on his philosophical masterpiece, An Essay Concerning Human Understanding which urged people to base their convictions on observation and reason. His argument was that all ideas, simple or complex, are ultimately derived from experience. He challenged the traditional doctrine that learning consisted entirely of reading ancient texts and absorbing religious dogmas (n.a. , n. d. ). He maintained that understanding that the world required observation. The essay was published in December 1689, and established Locke as Englandââ¬â¢s leading philosopher. In the essay, Locke states the nature of his proposed doctrine: ââ¬Å"Let us then suppose the mind to be, as we say, white paper, void of all characters, without any ideas: ââ¬â How comes it to be furnished? Whenced comes it by that vast store which the busy and boundless fancy of man has painted on it with almost endless variety? Whence has it all the materials of reason and knowledge? To this I answer, in one word, from experience. In that all our knowledge is founded. (Valasquez, 2011)â⬠The book became one of the most widely reprinted and influential works on philosophy. It brought great fame for Locke. So much, that he spent the rest of his life responding to admirers and critics by making revisions in later editions of the book, including detailed accounts of human volition and moral freedom. Locke also published Two Treatise of Civil Government. These writings were published anonymously in order to avoid controversy. The First Treatise is a detailed rejection of the monarchist theories of Robert Filmer. Locke attacked Filmerââ¬â¢s claim that God sanctioned the absolute power of kings. During this time period, such an attack was risky since it could easily be prosecuted as an attack on the King Charles II. The Second Treatise of Government offers a systematic account of the foundations of political obligation. The views expressed within this treatise were so radical that he only released his name as publisher in his will. Lockeââ¬â¢s writings did much to inspire the libertarian ideals of the American Revolution. This, in turn, set an example which inspired people throughout Europe, Latin America and Asia. Lockeââ¬â¢s philosophy had a great effect on Americanââ¬â¢s as well. Thomas Jefferson ranked Locke as the most important thinkers on liberty. He also helped inspire Thomas Paineââ¬â¢s radical ideas about revolution. James Madison drew most of his fundamental principles of liberty and government from Lockeââ¬â¢s writings. John Lockeââ¬â¢s writings were also included in the self-education of Benjamin Franklin. John Adamââ¬â¢s believed that both girls and boys should learn about Locke. Lockeââ¬â¢s influence even traveled to France where the French philosopher Voltaire called, ââ¬Å"Locke the man of the greatest wisdom. What he has not seen clearly, I despair of ever seeingâ⬠(n. a. , n. d. ). Mathematician and physicist Isaac Newton cherished his company. Locke helped William Penn restore his good name when he was political fugitive, just as Penn had arranged a pardon for Locke when he had been a political fugitive. Locke was described by the famous English physician Dr. Thomas Sydenham as ââ¬Å"a man whom, in the acuteness of his intellect, in the steadiness of his judgment, in the simplicity, that is, in the excellence of his manners, I confidently declare to have, amongst the men of our time, few equals and no superiors.(n. a. , n. d. ). It is astonishing that Lockeââ¬â¢s work has affected so many people around the world. He was an undistinguished Oxford scholar. He had a brief experience with a failed diplomatic mission. He was a physician who lacked traditional credentials and had only one patient. His first major work was not published until the age of 57. All of this and he is still one of the leading philosophers of all time. In 1691, John Locke is invited to spend his last years with friends Francis and Damaris Masham. Damaris is also a philosopher and is believed to have been romantically involved with Locke during their study years at Oxford. When Locke left for Holland, Damaris was to visit; however it did not work out and she married Francis Masham (Uzgalis, 2012). During his stay with the Mashamââ¬â¢s Locke tutored their son Francis, here he begins to work on his treaties Thoughts Concerning Education. Lockeââ¬â¢s health gradually began to worsen. He lost most of his hearing and his legs began to swell. He could barely bring himself to rise from bed. Around 3:00 in the afternoon, Saturday, October 28, 1704 he passed away (n. a, n. d. ). He was sitting in his study with Lady Marsham. Suddenly, he brought his hands to his face, shut his eyes and died. He was 72 years old. Lockeââ¬â¢s focus has primarily been based upon the ideas of freedom and equality as a whole. He believed that citizens should naturally possess the right to life, liberty and happiness, which is portrayed in the constitution of the United States. These undisputable rights or natural rights have derived from the law of nature. The law of nature is a state that relies purely on the law of God, which is also known as moral law. This law gave people the natural right to life, liberty, and happiness without question. In addition, Locke believed that people also possess the basic right of self-defense if under attack. However, Lockeââ¬â¢s key aspect of his theories was the basic idea of equality. He said that nobody has the right to rule and that consent is critical because itââ¬â¢s based on the premises that all people are equal (Uzgalis, 2012). John Locke is still very much known as a political philosopher in todayââ¬â¢s modern society. Because much of Lockeââ¬â¢s philosophy centered on subjects such as natural rights and knowledge, he has in-turn shaped American politics in such a way that it has never been the same. Locke has challenged many theories that have to do with inalienable rights as a part of natural law; therefore he had much to do with the involvement in the evolution of the American Government. He taught that, men by nature possess certain rights. He had a tremendous influence on all future political thinking. A clear representation of his involvement is portrayed in the declaration of independence. John Locke was, and will always be remembered as a pioneer in modern thinking.
Monday, January 6, 2020
Revered Place Of The Jury Cannot Be Justified Law Essay - Free Essay Example
Sample details Pages: 10 Words: 3123 Downloads: 10 Date added: 2017/06/26 Category Law Essay Did you like this example? Todays jury within the Australian legal system strives to achieve justice by reflecting on the moral values of people in the society. The jury is claimed to represent the judgement, values, and standards of the community. It is said to project liberties between the tensions of the legal system and the people. Donââ¬â¢t waste time! Our writers will create an original "Revered Place Of The Jury Cannot Be Justified Law Essay" essay for you Create order However, criticisms have risen against the jury which proves that the prestigious place of the jury within the common law system presently still has room for improvement. Subsequently, jury issues necessitate a comparison between todays jury and the original jury that designated from England, in order to critically analyse to what extent it affects the development of the legal system and how it came to be evolved within jurisdiction. Although one can say that the jury today bears no resemblance of the traditional jury, however, it is misleading. There are notions in the current jury that have derived from the traditional jury having pros and cons in their own ways. Whether the jury system achieves to pursue justice and impartiality as the centrality of law as a means of social ordering (page 25 Parkinson) for society is still presently questionable. After analysing a contrast between the two systems of juries, the inadequacies will then be examined to identify its deficiencies within the current place of the legal system and the community. The original jury system achieved justice in certain aspects in which the current jury system does not achieve and vice versa. However, there are certain flaws in both in achieving the standard demand of integrity and uprightness within the legal system. Certain methods of the original jury system can be pinpointed in the modern system. Nevertheless, there are distinctive features which differentiate the two. After many adjustments to Australias cultural diversity, the jury system seized a prominent role proffering a more fairer and impartial outcome of cases in which society favoured. The jury engages twelve citizens of the public to sit at a trial as representatives of individual judges themselves. The random selection of jurors is what represents the community. However, the present system has become so unfavoured that many litigants have avoided the use of the jury for their cases. The revered jury system in Australia evolved from Englands legal system in the 17th Century. The jury was formed due to the difficulty in determining the facts of a case such as the need to resolve property disputes. Through King Henry II, the jury system was developed to replenish justice by improvising the need of twelve men drawn from the community to uncover the facts of a dispute themselves as witnesses to the facts rather than depending on the information presented in court. Derived from the Magna Carta, all free men were to be judged by his peers. For instance, had the barons committed a crime then they were to be judged by other barons. Thus, the jury was a group of peers who were from the same status as the accused. However, only the nobles were benefited from such proceedings. Unlike the jury today, the traditional jury were selected according to their specific knowledge of the facts in a case. The people nominated from the community for jury service were to bring their personal knowledge to the case at question and if this was absent, they were expected to go and investigate the case themselves, even permitted to approach crime scenes to obtain such information. The traditional procedure may have been a better approach since the jurors had the essential knowledge of a case before coming to court. Not only would foreknowledge of the jury be a fairer system of trial but a more active role would achieve justice in a more impartial way. The current jury system scrutinises this methodology because it is assumed to practice injustice. Todays members of the jury do not research any sources of information about or relating to the particular crime being trialled. Without such training, the jurors have no idea what they will be adjudicating beforehand and are merely faced with manipulated evidence presented to them by the lawyers to induce their argument. Most of them would be intimidated about the fact of going to court or struggle to understand the evidence regardless that the judge will assist them. Subsequently, this can result in miscarriage of justice where the verdict will be overturned by the judge. Thus, a re-trial with a new jury panel will be called upon. Not only will this be time-consuming for the litigants, their representatives, the judge, and jurors but it also results in excessive expenses. However, it is essential to note that a judge can be influenced by the decision of the jury panel, ultimately leadin g to an influenced verdict of the case upon injustice. In R v Skaf (2004) 60 NSWLR 86, two members of the jurors had visited the crime scene before the trial occurred due to frustration that arose among the jurors in delivering their verdict. The lighting of the location at night needed to be investigated in order to distinguish whether the defendants face was recognisable by the victim. However, due to their conduct, the defendant was allowed a new trial on the ground that justice was contravened by the jury by doing the certain acts. If the jury had the right to investigate the case themselves in the first place then a more precise outcome would be reached. Thus, juries should be given a more active role to participate not only within the court but also outside the court in order to attain justice on behalf of the community. With the absence of foreknowledge, it is undeniable that the jurors will base their decisions upon their sentiment and emotions, particularly in cases concerning children, rape and convicting. Every member of jury have their own past experiences or personal views of the particular issues addressed in court. For example, a jury member may have been a victim of crime (p44 law reform commission) and may be hearing a case about a defendant with a criminal history. This becomes a major problem and can severely affect the legal decisions made which may have an impartial effect on the parties to a case. Juror must take the elements of the case as it is presented and not allow past experiences to affect their judgement which is unlikely to be ignored. Many jurors can become sympathetic towards the knowledge of another persons poor misfortune or unlucky circumstances. For example, the jury panel might totally ignore the evidence against a severely disabled person and decide on a verdict that favours the disabled person. It is a very difficult factor to overcome considering that the disabled person has suffered irreversible damage and will further suffer in the permanent future. A decision primarily based on sympathy has the potential to augment any unfair rulings and poses a serious threat against any fair rulings. On the other hand, a person on drug dependency may be dishonoured and unfavourable by the jury panel (Commission). The classic jury were selected according to gender, property qualifications, and the foreknowledge. However, the current selection criteria for the determination of the jury panel is outlined as a random selection and not based on gender or property qualifications. The aim of selecting jury members who represent the community as a whole appears to be diverging from the actual selection process that occurs today. Exemption from jury duty is permitted for highly qualified individuals, for example, professionals like doctors, dentist, police officers and members of parliament. People who cannot read or write the English language are also exempt from jury duty. Thus, community representation should include all individuals who participate and serve the public society. Exclusion of the so-called high-class citizens clearly does not reflect the idea of community representation and random allocation. They are individuals who engage with members of the community as much as the other lower-cla ss citizens. Every individual has their own concept of justice and ethics, and is primarily based on ones past experiences or education. For example, medical practitioners are specialised in the topic of ethical practice as part of their tertiary program. This highlights the need for inclusion of these high-class citizens, as they may have a more advanced understanding of ethics, which will contribute to the process of a stricter legal decision and justice for the parties involved. Furthermore, the jury panel differs on the basis of intellectual ability and language comprehension. Some individuals may simply not comprehend the information presented to them at trial. Lawyers may present their evidence with jargon and terminology unfamiliar to the jury members. These individuals will base their decisions on those aspects of the presented information that seem clear to them. It is an unrealistic expectation for jurors to fully understand and comprehend such terminology. Qualified lawyers have spent many years within the realms of formal education and training to develop communication methods that are based on law jargon. The complexity of the trial process, including matters related to subsequent rehabilitation, restricts the ability of jury members to become more involved with the decision-making process. Consideration of these inadequate elements classifies the jurys decision as of limited value and thus, does not meet the requirements of random selection and co mmunity representation. Injustice arose in the classic jury during the reign of King Edward III where the rule of unanimity applied, even extending till now. In the old cases, if the jurors were not unanimous, they were constantly changed in order to conclude to a same opinion and the diversity of opinions was inconsistent to the judgement. Harsh methods were sanctioned by the law in order to achieve this unanimity rule upon the jurors. At times, they were to be humiliated if they failed to agree, forced by starvation, or by torture if a verdict was not decided. Even the jury could have decided their verdict without any evidence but for the sake of avoiding the punishments and also that the evidence presented in the courts were not binding on them. However, these so-called punishments are obviously not present today since it coincides with the rights of the jurors and thus, if they were present, people would avoid sitting in a jury panel. Subsequently, today, the concept of a unanimous jury has been replaced by a majority verdict, although the unanimous jury still exists in NSW criminal trials (footnote NSW Parliamentary Library Research Service -page 2). The majority decision or unanimity is interpreted to undermine the strictness and lawfulness of a court ruling which holds out the individual views of the minority basically on the grounds of unreasonableness, favoured beliefs or merely an enforcement of a decision. The members of the jury mainly have many different characteristics that include academic and ethnic backgrounds, knowledge of the law system and its terminologies, and past personal or social experiences. These factors are bound to produce misunderstandings and inconsistencies of the decision-making process. Majority deciding for a ruling does not imply that they have made a well-informed decision based primarily on the law and justice since the emphasis is aiming for a common decision. The opinion of th e minority of the jury panel are simply disregarded or overruled due to the concept of majority decision. It does not deter any credibility or value away from the decision of the minority, and should still hold as much value and relevance to the judge and the trial. The decision of the minority favours the convicted party and excluding them is a potential source of injustice since the purpose of the jury is to represent the community by applying their standards. The ideal jury panel consists of members with no past experience as a jury member and no knowledge of the law system. This excludes any source of bias that a particular member relates to or remembers from a previous case. Every court case is different in terms of parties involved, specific facts and circumstances of the events. One cannot freely refer to every case with a similar mindset, because this approach can effectively impact upon the judges ruling and subsequent consequences towards the parties involved. Every person has their own understanding of the law system, whether it is through personal research or past experiences. The diverse qualities of panel members should be filtered for sources of preconception when undergoing the process of justice. Moreover, Australia has fast become a multi-cultural nation with a diverse presence of different cultures. The incidence of ethnic tension in the Australian community has risen as evident from national media. It is expected that todays jury panel will consist of individuals with very diverse cultural backgrounds. There is no doubt that this will result in tension within the jury panel and has the potential to distract the focus away from the actual court case itself. Some nations, for example, India and Singapore have abolished the jury system on their own grounds. Jury members from these nations are inclined to be ignorant towards the jury system present in Australia. They may simply appear disinterested or consider the whole process a waste of their time. On the other hand, Japan and Germany allow selected individuals to sit alongside qualified judges and actively contribute to legal decisions. These members of jury possess the expectation that their say will be considered more str ongly than others in the panel. This can place unnecessary pressure to the more passive individuals from other nations or ethnic groups. Decision-making is best served when potential sources of bias are removed. The original jury were kept together till a trial ended or a decision was made and were not permitted to return home in between the trials. Such procedure achieved maintained a fair and impartial trial in which prevented the jurors from being influenced from outsiders. However, it contravened the rights of the jurors by locking them up and confining them. Eventually the process was overturned by the Magna Carta (footnote) and the juries were permitted to investigate the facts and return to court as mentioned above. The main issue of inconvenience of the jury today arises when the jury panel is instructed to return to trial after a delayed period of time. It may be a period of several weeks to several months. During the period, the jurors may be exposed to media or publicity which without a doubt will affect their decisions when returning. Another threat that delays may pose on the integrity of the jury panel is the fact that some members of the panel may not be available for return. There can be a multitude of reasons that range from overseas travel and serious illness. The validity of the jurys verdict is questioned when this occurs, and the representative nature of the jury is also lost (Commission p51-52). The risk of a new trial, whether it is due to miscarriage of justice or loss of representation of the jury panel, incurs additional expenses. All the parties involved, including the jury panel, will not see the further loss of time positively. In the recent years, there has been a great reduction of convictions in the superior courts compared to the convictions heard in the lower courts due to the jurys input. In many recent cases, there has been a result of excessive and absurd amounts of compensations and damages awarded by the jury on behalf of the victims. Consequently, the cases are likely to be appealed again. Cases that have occurred in the workplace are likely to be heard from a panel of jurors since hearing a case before a judge can impose a harsher punishment and a strict liability upon the defendant. There is a high level of expectation today regarding the need for concealment and secrecy of the jury process, just as it was required in the classic jury in which the King compelled the jurors to swear an oath not to expose anything from the case once it ended. In both systems, it is a possibility that the jurors would return to their homes and discuss the matters of trial freely. However, this presents several issues in the current jury that can affect a jurors decision during a period of hearing a case. The opinions of family members or friends have a strong value towards the jury member, and are a significant factor for bias. The opinion or feedback given by close members already outweigh and stay with the jurors mind, more so than their initial thoughts and decisions. One can also say the media has a powerful effect on any persons train of thought. The media is a powerful tool for conveying information, and any messages related to a trial can significantly sway a jurors decision . The policy of handing out appropriate penalties for the breach of secrecy appears to be ineffective. In R v Fayka (footnote), members of the jurors had searched on the internet, approached the crime scene, and had discussed the facts of the case with their family which influenced their opinions. Consequently, the trial was dismissed which had cost more than a million dollars to the public. In addition, the jurors were further to punished and instead, the defendant lawyers were rewarded a sum of money. Thus, there is no guarantee that a juror will not discuss the matters of the case outside of trial hearings. Even though the jurors can reveal their acts and penalties can be applied for breaching secrecy, however, jurors are capable of remaining secretive about their breach of secrecy to prevent such a penalty. This poses a further threat to the validity of the jurys verdict, because they are more inclined to be introverted and less inclined to express their views freely (point 7). The legal charter known as magna carta expresses the rights of a person to life; liberty and property (look up any reference about magna carta), and any deviance away from these rights must be provided reasons for doing so. The current jury system does not reveal the reasons for convicting a guilty party. No one can know whether the reasons were beyond reasonable doubt, or whether the jury simply had to apply a law as instructed by the judge (David Watt p10). This process denies the right of a person towards life and liberty, and in doing so breaches the concept of magna carta. It is considered unfair towards the convicted party and contrasts highly with the fact that judges often give detailed reasons in regards to a given decision. In conclusion, the jury in the common law system of Australia today cannot be justified. Not only do the qualities of the jury affect the legal decisions in cases but it struggles to achieve impartiality in the courts and conflicts with the notion of representing the community.
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