Gravity Essays - Classical Mechanics, Theories Of Gravitation

Gravity Gravity The gravitational force at the surface of the planet is the force that binds all bodies to earth, this force is one of the four forces recognized by physicists, and this kind of force is known as ?gravity? it attracts every celestial object to earth, and though it is the most important of the forces essential for our lives, it is the least comprehended of them all Throughout ages scientists have tried to solve the mystery of gravity, and one of the first discoveries concerning gravity was made by Aristotle who concluded from his experiments that the downward movement of any body is that has weight had a proportional relationship between its quickness in motion and its size. However this theory was accepted for centuries, but after a series of experiments made by Galileo, Aristotle's theory was proved to be incorrect, as Galileo said after a series of experimenting at the Pisa tower that bodies of different sizes fall with the same speed. Later on, the idea that the force is needed so as to change the motion of the body was discovered. After that a great scientist was to improve all the previously accepted theories, this scientist was Newton who was to make decisive advances in understanding gravity. In his first law Newton said that a body in state of rest or uniform motion in a straight line will keep on moving unless acted upon by a force, w hile in his second Newton expressed his first law in a more quantitative way as he said that force acting on a body is the rate of change of it's momentum which can be put in a rule as F= ma Where (F) is the force acting on the body while (a) and (m) are the acceleration and inertial mass of the body respectively. Newton also made the law of gravitation in which he expressed the gravitational force of attraction between any two bodies acting along the line joining them as Where (m) is the mass of the two bodies and (r) is the distance between them, while (G) is the proportionality constant known as the constant of gravitation, afterwards Newton made his very important assumption in which he showed that the inertial mass of a body is identical to its gravitational mass which implied that the gravitational force exerted on or by an object is directly proportional to its inertia. After that, scientists wanted to determine the value of the gravitational constant, in which the English scientist Henry Cavendish calculated as G= 6.754 x 10 Nm /Kg For hundreds of years, Newton's laws where considered as the basis of modern physics, and one of the things that proved Newton's theories was the discovery of the planet Neptune but there were also many important issues that were not discovered by Newton such as, that there is no way to describe mass except with reference to acceleration, another issue is that no force moves without acceleration, a third one is that when we mention acceleration we have to say with respect to what? . All the previously mentioned theories, were studied by Einstein who wondered why is the inertial mass proportional to the gravitational mass and after experimenting he made his theory of equivalence in which stated that if we had two systems, the first had acceleration with no gravitational field while the second has acceleration with no gravitational mass and while the other is at rest and has a gravitational field, the results would be equivalent, and by the year 1916 Einstein had completed the mathematical theory of gravitation which was the general theory of relativity. Einstein's theories opposed those of Newton's in at least two major and measurable issues that were the curvature of light and the shifting of the wavelength of the light. In conclusion, the issue was a subject of research done by the greatest scientists ever known as Newton and Einstein, and it will always be a subject of research, as think the gravitational mystery still might not be totally unraveled and I think that many other theories will be made to emphasize the force that keeps standing at that planet.

A Study on the Effectivity of the Philippine Prison System Essay Example

A Study on the Effectivity of the Philippine Prison System Essay Example A Study on the Effectivity of the Philippine Prison System Essay A Study on the Effectivity of the Philippine Prison System Essay p. 406. 4 BECCARIA, OF C RIMES AND PUNISHMENT 96 ( 1964) . 5 PHILIPPINES ( R EPUBLIC) CONGRESS, SENATE COMMITTEE ON JUSTICE, LAUREL ON PENAL REFORM (THE STATE OF PHILIPPINE P ENAL INSTITUTIONS AND PENOLOGY), hereinafter referred to as the LAUREL REPORT. . 6 Ibid. , 11. 1977] PHILIPPINE PRISON SYSTEM 63 2. Brief History of Philippine Prison System One of the most important facets of our criminal justice system is the institution of prisons. It is found to be an indispensable means towards societal survival and deterrence from further assaults against the state. Like any other institutions, the Philippine prison system also underwent some transformations. Pre-Spanish The pre-Spanish era was marked by basic political diversity. The main political unit was the barangay which exercised jurisdiction within its small territorial limits composed mostly of about 100 to 200 families. Consequently, there was no single criminal justice system and there was no single prison system in the Philippines. As a matter of fact, imprisonment as a penalty for law-violations was unheard of. There were no prisons to house any felon since punishment was mainly retributive in character. 7 Some historical documents such as the Code of Kalantiao (1433) prescribed death, incineration, flagellation, mutilation, swimming under water for a fixed time, ant treatment and fines . Those guilty of recidivism were beaten to death or exposed to ants for 1 day. Slavery or servitude was also imposed as subsidiary penalties for fines. All these indicate that the preSpanish criminal law was purely punitive and retributive. Spanish Regime Upon the in1position of the Spanish control, the European Criminal system was introduced in the Philippines. Those penal laws consisting of royal decrees, orders, ordinances, rules and regulations for the governing of colonies which were later embodied in the Re copilacion de las Leyes de India, became the base of the Philippine Penal Laws. The compilation also was the basis for rules governing prison administration. Vicente Liwanag in his doctoral dissertation gives us some idea of the Spanish penal rules. x x there were laws which prohibited the imprisonment of poor people in lieu of fines, rules separating men and women prisoners, the segregation of persons detained apart from those already convicted by the courts and the separation of prisoners of good conduct from those incorrigible character. Maltreatment of the prisoners was prohibited and so was the extorting of money from them as well as his use of their services by employers of the prison for personal benefits. The receiving of gifts in any form by prison employers from families of the prisoners was strictly forbidden while the briI)ging of food and clothes was permitted. Rigid search 7 LAUREL REPORT, op. cit. , p. 14. 8 See NATIONAL POLICE COMMISSION, CRIME PREVENTION AND CONVICTION (FIRST NATIONAL CONFERENCE ON A STRATEGY TO CONTROL CRIME 3 (1976) . 64 PHILIPPINE LAW JOURNAL [VOL. 52 was made of these articles in order to prevent the introduction of weapons. No alcoholic drinks were permitted to be brought in. 9 By 1887 the aforecited Recopilacion was substituted by the imposition of the Spanish Penal Code of 1870. Basically the Spanish criminal justice system was punitive or retributive in character. It also sought to segregate convicted criminals from the mainstream of the society. Punishment of criminals was undertaken by the incarceration of convicts for a period depending on the nature of the crime. Initially, prisoners were confined in jails under the jurisdiction of the commandancia of the province. There was no single penal system until the Spanish government decided to erect national penitentiaries. On September 12, 1859, the Spanish government opened for public bidding the construction of a prison to be known as the Carcel y Prisidio Correccional which would house about 1,127 prisoners all over the Philippines. lO Upon awarding the contract to Sixto Ejida Obispo for P268,083. 5, construction of the building began at Azcarraga, Manila. ll Seven years later, the building was completed. The prison which was to be known as the Bilibid Prisons was described as follows: It was composed of the following buildings: one building for the offices and quarters of the prison warden and 15 buildings or Departments for prisoners which were arranged radially and formed spokes. The central tower formed the hub. Under this tower was the chapel. There were four cell-houses for the isolated prisoners and four isolated buildings located on the four corners of the walls which served as kitchen, hospital and stores. The prison was divided in the middle by a thick wall. 12 Aside from the Bilibid prisons there were three other principal penitentiaries established by the Spanish government in Cavite, Zamboanga and the Marianas Island. American Regime Upon the withdrawal of the Spanish government, all prisoners were released and the penitentiaries were abandoned until 1905 when the American Army reestablished the institutions and created the Bureau of Prisons under the Department of Commerce and Police. 3 During the period, additional insular prisons were established: I wahig Penal Colony, San Ramon Prison (reactivated), Corregidor Stockade (phased out in 1941), Bontoc Prison, Correctional Institute for Women and the Davao Penal Colony. 9 LIWANAG, COMPARATIVE EVALUATION OF OHIO AND PHILIPPINE PENAL SYSTEM 20 (1970). 10 Ibid. 11 Ibid. , p. 19. cit. , p. 25. Note: Act No. 1407 (1905), sec. 25. The Bureau was later transferred to the Department of Public Instruction and then transferred to the Departme nt of Justice. 12 LAUREL REPORT, op. 13 1977] PHILIPPINE PRISON SYSTEM 65 In 1924, Director of Prisons Ramon Victorio advocated the transfer of the Bilibid Prisons from the heart of Manila to a place outside the city because of the rapid increase of the prison population. 14 A committe~ headed by the Secretary of Justice was formed in order to study the feasibility of the proposal. In 1936, the city of Manila exchanged its 552 hectares of land located at Muntinlupa, Rizal for the Bilibid Prison which later became the Manila City Jail. 15 Thereafter, construction began and shortly before the outbreak of the war and before the complex was completed, the transfer of all insular prisoners was undertaken. During the war, the New Bilibid Prison at Muntinlupa was used by the Japanese for incarcerating suspected guerrillas and Japanese enemies. Upon the liberation of Manila, former American prisoners of war were confined at the New Bilibid Prisons for recuperation. The American period did not radically alter the penal philosophy of the Philippines. It continued to rely on the outmoded classical doctrine of free will which punished the crime rather than the criminal. The promul~ gation of the Revised Penal Code did not significantly change the philosophy~. It is also punitive in character, albeit with some redeeming features such as the mitigating and aggravating circumstances wherein the conditions or the circumstances of the criminal at the time of the commission of the crime are to be considered,16 In 1919 the Philippine Bar Association created a committee to investigate the conditions inside the national penitentiary. The committee found out that the prisoners were subjected to cruel and excessive punishment. I .? They singled out the bartolina which constitutes ot close confinement in irons with the prisoners hands chained to a post or wall at about the height of liis shoulder. A gag was also used occasionally to prevent the prisoner from making loud or disagreeable noises. This gag consisted of a piece of wood fitted to enter the mouth : of the prisoners. On the other hand, the institution of open penal farms was introduced. Prisoners with good record of behavior at the New Bilibid Prisons were transported to penal colonies at Iwahig at Davao to work as farmers in a~ atmosphere similar to a free society. Present Upon the establishment of the present Philippine republic, ideas of rehabilitation began to be advocated. In 1949, the Department of Justice 14 LlWANAG, op. cit. , p. 21. 15 Report of the Bureau of Prisons. 16 See Aquino, Crime Prevention and . Treatment of O/Jenders in the Philippines, in THREE MEMORANDA ON THE TREATMENT OF CRIMlNAL OFFENDERS AND PREVENTION CruMES IN THE PHILIPPINES 1 (1947). 17 See Raul Ingles, 50 Years with the Times: Lawyers Investigated Tortures OF of. Prisoners, Manila Times, January 14, 1969, p. 14-A. 66 PHILIPPINE LAW JOURNAL [VOL. 52 issued rules for the treatment of prisoners which aimed, among others, at the reha,bilitation of the criminal. The purpose of the prison system was not merely to punish the crime but likewise to rehabilitate or correct the criminal. However, this did not significantly alleviate the actual condition of the prisons. The New Bilibid Prisons proved to be inadequate to meet the demands of growing prison population. The overcongestion, inadequate food, accommodation and idleness of the prisoners were cited as causes of the prison riots of the 1950s and the 1960s. The Senate committee on Justice of the Fourth Session of the Sixth Congress investigated the condition of he penitentiaries in 1968-69, and findings revealed the sub-human conditions inside the prisons. In 1971, the government erected two satellite camps to alleviate the problem of congestion inside the National Bilibid Prisons proper. The Camp Sampaguita houses the medium-security prisoners, the youthful offenders and the Reception Diagnostic Center. The Camp Bukang-Liwayway on the other hand houses the minimum-security prisoners who have served at least one-fifth of their maximum sentence. . By 1976, the Philippine government had more than 1,500 correctional institutions. Of this number, 8 are insular prisons under the direct supervision of the Directors of Prisons; 72 are provincial jails administered by the provincial governors; 65 city jails and 1,437 municipal jails 18 which are administered by the local police agencies under the Integrated National Police. C. Theories and Purposes of Prison System There are three main schools of thought or approaches with regard to the treatment of criminals. These schools of thought are better known as the classical, neo-classical and the positive or Italian. The first school of thought, the classical school, lays stress on the crimes not on the criminal. Punishment is retributive and punitive. It is standardized and proportioned to the gravity and nature of the offense. This school assumes that every individual has free will and knows the penal law. It is further postulated that man is rational and calculating. Thus, he will refrain from criminal acts if threatened with punishment to cancel the hopes of possible gain or advantage. 19 Curtis Bok in his monograph, Problems in Criminal Law, published in 1955 proposes that prison management should be conducted with rigid discipline, few privileges and no nonsenses. Prison should have maximum security, with high walls, floodlights, armed guards and steel bars. 20 18 NATIONAL POLICE COMMISSION, op. 191 AQUINO, REVISED PENAL CODE 3 cit. , p. 7. (1961), quoting SEAGLE, HISTORY OF LAW 241 (1946) . 20 LAUREL REPORT, op. cit. , 46. 1977] PHILIPPINE PRISON SYSTEM 67 Among the exponents of this school of penology were Beccaria, Rousseau, Montesquieu and Voltaire. The second school of thought is the so-called Neo-classical school. This approach to penology arose at the time of the French Revolution and the period immediately following. It maintains that while the classical doctrine is correct in general it should be modified in certain details. It argues that since childrenand lunatics cannot calculate pleasures and pains they should not be regarded as criminals or be punished. Mitigating and exempting circumstances are to be taken into account. The reaction to crime is no longer purely punitive, punishment is imposed upon some lawbreakers but not on others. By this approach it is necessary for administrators of justice to consider the psychology and sociology of the crime. 21 The third school of thought is the Positivist School. It views crime as a social phenomenon and attaches much importance to the criminal or the actor. Positivist criminology is reformative and preventive and individualizes punishment. It views the criminal as a sick man who needs not to be punished but cured. The prison then should be a criminology hospital rather than a place for punishment. 22 Not all prisoners are treated the same way so that those criminals who can be reformed are to be reformed and those who cannot be reformed are to be segregated or killed. 23 The main exponents of this school of thought were Cesare Lombroso, Enrico Ferri and Rafaelle Garofalo. Theory of the Philippine Revised Penal Code The present Revised Penal Code, known also as Act No. 3815 of the Philippine Legislature approved on December 8, 1930, is a compilation of the penal laws then in force in the country, without radical changes in structure. The backbone of this code is the Penal Code of Spain of 1870, which was in force in this country up to December 31, 1931; and as such, belongs to the old or classical school. It is eminently retributive in its purpose, and considers crime only as an issue of free human will, as a judicial entity pure and simple, paying little or no attention to the person. 4 Before the Revised Penal Code, there was a proposed Correctional Code completed in 1916 by Rafael Pan, a member of the Code Committee created by Act No. 1941. This Code laid emphasis on the rehabilitative function, instead of the punitive feature of penal law. It was not adopted by the lawmaking body but some of its provisions were incorporated in the Revised Penal Cod e,25 e. g. , mitigating and exempting circumstances. 21 SUTHERLAND CRESSY, PRINCIPLES OF CRIMINOLOGY 260 22 1 AQUINO, op. cit. , note 19, pp. 3-4. 23 SUTHERLAND CRESSY, op. it. , pp. 260-261. 24 GUEVARA, PENAL ScIENCE AND PHILIPPINE CRIMINAL LAW 25 1 AQUINO, op. cit. , p. 1. (6th ed. , 1960) . 708 (1974). 68 PHILIPPINE LAW JOURNAL [VOL. 52 Present trends also recognize that the purpose of the prison system need not be strictly punitive. Thus, it was stated in a working paper prepared by the Technical Panel, anti-disciplinary Committee in Crime Prevention (National Police Commission)26 that Correction has many purposes and it is important to recognize that correctional program can differ for various types of offenders. For instance, in sentencing the convicted murderer, the punitive and deterrent purposes are served rather than the rehabilitative. The contrary is true with respect to the deprived, ill-educated, vocationally incompetent youth who is adjudged delinquent. With him, rehabilitative and reintegrative purposes predominate. The Rules of Treatment of prisoners issued in 1960 by the Department of Justice includes progressive views regarding the treatment of prisoners but still considers as the primordial end of imprisonment, the segregation from society of a person who by his acts has proven himself a danger to the free community. 27 As per theory and implementation in the present set-up, prisons are for the punishment of offenders and the correctional aspect is only subsidiary. Philippine Penal institutions are not equipped with adequate facilities and properly trained personnel to shift from the idea of retribution and punishment to one which emphasizes individualized treatment of the con vict. IV. COM P ARATIVE STATUTORY RIGHTS OF PRISONERS/ OFFENDERS The climate of concern for human rights felt throughout the world culminated in the United Nations Declaration of Human Rights which defines explicitly the rights of offenders even after conviction. The declaration includes, among others, protection from torture or cruel, inhuman or degrading punishments, a fair and public hearing in the determination of criminal charges and presumption of innocence until proven guilty. The Philippine Constitution makes mention of a basic right which should be respected when a person is accused or even convicted of crime. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. 28 Persons accused of crime are entitled to a speedy disposition of their cases before all judicial, or quasi-judicial bodies. As a sanction to this mandate, the Constitution provides that a case or matter shall be decided or resolved from the date of its submission, shall be eighteen months for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all 26 Crime Prevention and Corrections; Working Paper prepared by the Technical Panel, Inter-Disciplinary Committee in Crime Prevention, in NATJONAL POLlCE COMMISSION, CRIME PREVENTION AND CONVICTION (FIRST NATIONAL CONFERENCE IN A STRATEGY TO CONTROL CRiME, Quezon City, July 22-24, 1976). 27 Rule 1 (a). 28 CONST. , Art. IV, sec. . 1977] PHILIPPINE PRISON SYSTEM 69 inferior collegiate courts, and three months for all other inferior courtS. 29 It is of common knowledge that a person accused of having committed a crime, is arrested and immediately put to jail. It seems to run counter to another constitutional provision which provides that in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. 3o T here were many instances when a person pronounced not guilty had stayed within the four walls of a prison cell for a longer period of time than if proved guilty. It would seem that the culture and the legal and administrative structures of a country determine in large measure the manner in which such country addresses itself to issues related to the rights of prisoners. Sweden and other Scandinavian countries have included in their Constitution or laws, the creation of ombudsman, an agency to elevate citizens grievances to include prisoners. New Zealand followed the Swedish model. Different approaches have been evolved in other countries. USSR and some socialist countries have their Procurados General vested with the primary responsibility for assuring the uniform application of law. In other countries, independent boards perform comparable functions to that of the Civil Liberties Bureau of the Ministry of Justice in Japan where the Bureau is vested with the power to investigate and collect informations concerning cases involving violations of human rights. In recent years, the United States and a few countries have witnessed an unprecedented involvement of the courts in the effort to define the limits of administrative discretion relative to human rights. I n some European countries, special judges are appointed to monitor the lawful execution of sentencing, which is in fact, an order of the court. In Italy, the Penal Code provides for a surveillance judge whose responsibility is to assure the proper and legal application of the sentence. France, Poland, Portugal and Brazil have similar provisions in their Penal Codes. 3 ! The debate about the appropriate role of the correctional institution is expected to continue and one unresolved question is about the extent the correctional system should have on the responsibility or the authority to employ measures designed to change human behavior and attitudes. Conversely, to what extent has the prisoner the right to reject, without prejudice, programs designed to correct or rehabilitate him? In a number of countries the primary objective of the prison system is to reform the convict through labor or through a process of reeducation that will ensure the subordination of individual interests to those of the larger society. The recognition of the existence of human rights does not necessarily guarantee that they will be extended to persons charged or convicted of crime. It is of paramount importance that effective grievance system is provided the prisoner to seck 29 CONST. , Art. X, sec. 11. 30 CONST. , Art. IV, sec. 19. 31 Five Piilars Of the Criminal Justice System. 70 PHILIPPINE LAW JOURNAL [VOL. 52 redress for the infringement of any of their rights as recognized in the Standard Minimum Rules advocated by the United Nations. V. PRESENT SET-UP (IMPLEMENTATION) The effect of rules, concepts and ideals cannot be felt unless converted into action. An examination of the actual implementation of the rules and avowed policies of the Philippine prison system is in order. Several variables affect the implementation among which are the enforcing officers, the classification of prisoners, the treatment of officers, specially their living conditions and day to day activities. These factors if not properly handled will frustrate the lofty ideals for which the prison system is purported to be established. A. Enforcing Officers One important variable of our penal system is the quality of the officers duty bound to enforce the two avowed purposes of the penal system: to segregate and rehabilitate the prisoners. Organization The overall coordinator of the countrys penal institutions is the Bureau of Prisons, which is directly under the Secretary of Justice. The Bureau of Prisons is primarily in charge of the national penitentiaries and exercise supervisory powers over the provincial, city and municipal jails. Careful analysis of the organizational chart reveals a discrepancy between the avowed rehabilitative purpose of the penal system and the actuality. One would note immediately that there is no major department with the single purpose of taking care of the rehabilitative aspect of the prison. The only office that may be related to this purpose is that of the Inmate Guidance Supervisor which merely advises the Director concerning individual guidance counselling. Furthermore, the supervisor does not have a staff to undertake researches, implementation and coordination of the rehabilitative treatment. It may be true that the Bureau has an office of Penal Production Coordinator which coordinates the agricultural and industrial production of the correctional institutions but such activity, although it may be included in work-therapy may just be profit-oriented unless such activities are made with the ultimate design of rehabilitation. The Reception Diagnostic Center which should have been the nerve center of rehabilitation suffers from two defects: ( 1) The center merely recommends the kind of treatment that an individual prisoner should receive. It has no power to supervise the implementation of the treatment and (2) the center is directly under the New Bilibid Prisons when in fact the center classifies and recommends treatment not only for New Bilibid prisoners but also for prisoners of the Bureaus penal colonies. 1977] PHILIPPINE PRISON SYSTEM 71 The following chart shows the organizational structure of the Bureau of Prisons: Office of the ~rector :Office of the Assistant Director : ;:ienior Executive : ASsistant II :1l edical Adviser :Legal Off icer :IllIllate Guidance supervisor Office of Penal Production Coordinat or : . Accounting . Div. ; iAdminis-: =trative : : Div. Budget Finance Div. :: Gen4ral services: Div. :J1edic al: Div. SUpply Div. i~ew i l:lili-: oi d ! ri son :Correc:tional : Insti:tute for: women Iwahig : ~rison ~enal . a:: : San Ra-: :mon : penal . : Davao : :Prison a: lienal :i;arm : Sabla- s;y stem :$1- - :yan :Pri son : :a: Pel4al: : I arm Leyte Regional Prison The chart also indicates that the Bureau has only nominal supervisory power over the provincial jails and the city and municipal jails inasmuch as the jails are financially supported by their respective local governments. 2 PHILIPPINE LAW JOURNAL [VOL. 52 The Batangas Provincial Jail Organizational chart shows: Provincial WQr4en A,dministrative Support supervla1ng COnsctional QlWZcl A cursory examination of the chart indicates that there is no office or division designed to provide rehabilitation services. The chart indicates only two major divisions: administrative staff and the custodial staff. There is even no classification Boar d. 1977] PHILIPPINE PRISON SYSTEM 73 The same situation may be observed in the organizational chart of the Quezon City Jail. SsiMant City IillXd811 cl: SUpply s. cur~~y Property section s. ction l! ranaportat~on and Maint ellllc. tion Nevertheless, in a recent conference conducted by the National Police Commission, the Commission came up with a proposed standard organizational chart: Deput) Warden Adm1n1s. In the new chart, the Rehabilitative division is given significance. If the above chart is to be implemented, great stride towards penal reform may be achieved. But up to now, the Philippine penal system neglects the rehabilitative aspect of penology. 74 PHILIPPINE LAW JOURNAL VOL. 52 Personnel Qualification and Training Like other Bureaus in the government, the Director of the Bureau of Prisons is a presidential appointee and all others are appointed in accordance with Pres. Decree No. 807. On the other hand, the jails are manned by the members of the Integrated National Police. The Office of the Director today is occupied by a retired army general whose training and orientation may not be adequate to serve the rehabilitative purpose of the penitentiaries under him. In an interview with Professor Pedro Solis of the V. P. College of Law who made a comparative study on European penology, he said that modern prison systems are headed by technical men who have specialized in penology and prison administration. Furthermore, the Assistant Director of the Bureau confessed that he was an engineer by profession. In theory, appointment to the prison staff must conform with the minimum qualifications laid down by the Wage Position Classification Officer (WAPCO). All positions in the staff including that of driver, and janitor require corresponding eligibilities. For instance, a prison guard must have any combination of training and experience equivalent to graduation from second schools and one year service in military or civilian guard work. Interviews with high ranking officers of the guards showed that the WAPCO classification for the recnJitment of guards is not being followed. The actual minimum requirements observed are those of height and weight. A guard must be 55 tall and must have a weight of 120 Ibs. The vaunted Reception Diagnostic Center is also not free from some criticisms. In the first place, the RDC is under the Superintendent of the New Bilibid Prisons whose orientation is entirely different from that of the RDC. The Superintendent transferred the Centers psychiatrist to the National Bilibid Prisons hospital, thus depriving the center of the services of a psychiatrist in the personality analysis of prisoners. It was observed that the center used to have permanent guards who had been trained to observe and report behaviors of individual prisoners. The reports made by these guards were vital in the diagnosis and classification of each prisoners. These guards have also been transferred to be ordinary custodial guards of the maximum-security prison. The center is now headed by a former school teacher and not by a psychologist or sociologist. It was also noted that the center lacks sufficient technical personnel. It only has four psychologists, four sociologists, one penal psychiatrist and one penal institution teacher, when in fact there are about 8,000 inmates inside the New Bilibid Prisons. 1977] PIDLIPPINE PRISON SYSTEM 75 The guards may be considered to have an important role in rehabilitation. Amongst the prison personnel, they are the persons who are in frequent contact with the inmates. As such they ought to be trained as agents of rehabilitation. But observations and interviews showed that training of guard merely relate to the custodial aspect. The chief of the Reception Diagnostic Center might be availed of to help train the guards for rehabilitative work but so far the Bureau has not taken steps in this direction. The provincial and city jails are in the same situation. They do not have any jail personnel to implement the jails purpose of rehabilitation. The personnel and guards are recruited from the police forces who are not especially trained for jail operation. According to the city warden of Quezon City, the rehabilitation cannot be undertaken by policemen whose training and orientation is punitive in character. The fact that they are policemen may prevent a friendly guard-inmate relationship necessary for rehabilitation. Personnel-Inmate Relationship Interview of 10 inmates was undertaken in order to determine the inmates impression of the prisons personnel. The determination of their opinions may be significant indicators of personnels effectiveness in the rehabilitation aspect. As a psychological rule, it is difficult to rehabilitate a prisoner when from his point of view the rehabilitator is also in need of treatment. It must be noted that the truth of the accusations made by prisoners is immaterial for the purpose of this paper. What is important is to determine the prisoners feeling towards their teacher. The most serious complaint aired by the inmates interviewed CO:lcerns their food allowance. According to data gathered, the food allowance for each prisoner is P4. 50 per day. However, it was alleged that wh~. t is actually spent for the prisoners food is only P1. 0. They said that the rest of the allowance are withheld or pocketed by certain officials and personnel of the Bureau. Consequently, the food served to them is not fit for human consumption. As a matter of fact, they said that they deliberately make it not palatable so that there will be more left-overs for the personnels private piggeries. It is to be wondered why there are blunt weapons insi de the prisons when in fact visitors are well inspected before entering the premises. The respondents said that these weapons were brought in by the guards themselves and sold to them for exorbitant prices. The respondents were asked what they thought about the guards. They said that they are agitators. They make intrigues to induce gang warfare in side the penitentiaries. Several reasons were cited by the respondents: ( 1) It is in the best interest of the guards to keep the gangs from being 76 PHILIPPINE LAW JOURNAL [VOL. 52 united, for it would be difficult to confront about 8,000 prisoners united against them. (2) The riots and gangs were a cover-up for the guards corrupt practices inside the prison. (3) Animosity between gangs increases demands for weapons which are sold by guards. Aside from weapons, it was also stated that the guards also sell other commodities such as food, liquor, soap also at exorbitant prices. They said that a commodity which is worth P3. 00 outside is sold inside for the amount of PI5. 00. It is also significant to note that they named about four guards who are notoriously engaging in the lucrative business. Moreover, respondents thought that some guards are mentally insane. There was one guard who with the usc of a riot shot gun fired point blank against some prisoners playing cara cruz. When asked why, he said that he thought they were dragonflies. Although the guard is now under technical arrest, prisoners think that he will be acquitted and will resume his position as guard soon. There are more accusations against the personnel, and whether or not they are true, the responses show an unhealthy relationship between the personnel and the inmates. B. Prisoners 1. Classification Crime is a social disease. Like its kind which afflicts the body, crime has its causes, its history; it can lead to complications more serious, more malignant; it can be fatal. Thus, through the ages, society has devised a succession of systems and manner of dealing with the ailment, each one a reflection of the mood and temper of time. Indeed, the treatment of crime and the criminal has become one of the most unfailing tests of the civilization of any country. The prison of today is a clinic where the afflicted member is segregated, diagnosed, treated and rehabilitated with the view of returning him to the fold of the normal community, equipped with a healthier sense of values and prepared to accept the responsibilities of community life. The initial an d often the most crucial step in any treatment process is classification and the prescription of treatment procedure. a. Municipal or City Prisoners Any person detained or sentenced for violation of a municipal or city ordinance; a person detained pending trial before a municipal or city court; a person detained by order of a judge of a municipal or city court pending preliminary investigation of the crime charged until the court shall demand him to the Court of First Instance; and a person who by reason of his sentence may be deprived of liberty for not more than thirty (30) days. The imposition of subsidiary imprisonment shall not be taken into consideration in fixing the status of a prisoner 1977] PHILIPPINE PRISON SYSTEM IS 77 hereunder except when the sentence imposes a fine only. He to the municipal or city jail. 32 committed A visit made at the Quezon City Jail (taken as a sample) shows the following break-down of the classes of prisoners: . Detention Prisoners a. male b. female Detention Prisoners under P. D. 1081 a. male b. female Sentenced Prisoners a. Insular (National) b. Local c. Correctional Institution City Prisoners a. ale b. female Minors a. male b. female Total No . 336 12 24 o 1 o o 10 o o o 393 33 b. Provincial Prisoners Any person detained pending preliminary investigation before the Court of First Instance; a person who by reason of his sentence may be deprived of liberty for not more than one year or is subjected to a fine of not more than P500 or is subjected to both penalties, but if a prisoner receives two or more sentences in the agg regate exceeding the period of one year, he shall not be considered a provincial prisoner. The imposition of subsidiary imprisonment shall not be taken into consideration in fixing the status of a prisoner hereunder except when the sentence imposes a fine only. He is committed to the provincial jai1. 34 A visit made at the Batangas Provincial Jail (taken as a sample) shows the following breakdown of the classes of prisoners: Detention Prisoners a. male b. female No. 87 1 32 PHILIPPINES (REPUBLIC) DEPARTMENT OF JUSTICE, RULES FOR TIlE TREATMENT OF PRISONERS, 1960, Sec. 2(1). . -33 As per Quezon City Jail Records (September 2, 1977). 4 PHILIPPINES (REPUBLIC) DEPARTMENT OF JUSTICE, RULES FOR THE TREATMENT OF PRISONERS, 1960, Sec. 2(2). 78 PHILIPPINE LAW JOURNAL [VOL. 52 Provincial Prisoners a. male b. female Insular (National) Prisoners a. male b. female Total 14 o 5 o 107 3S c. National Prisoners Any prisoner who is neither municipal! city nor provincial prisoners shall be considered national prisoner; also a person sentenced for violation of the customs law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it. He is committed to the Bureau of Prisons. 36 A convicted person classified as an insular or national prisoner is transferred from a municipal or city or provincial jail to the New Bilibid Prison at Muntinlupa, Rizal. He has to be further classified into maximum, medium or minimum prisoner. In our penal set-up, this function is handled by the Reception and Diagnostic Center, which is a relatively new development in the field of correction. As an institution, it started functioning only on October 1, 1953. CLassification The involved process of diagnosis begins from the time the individual offender is received at the Center, which is the only institution of the Bureau of Prisons assigned such function. Hence, within the limited framework of staff and facilities, every effort is made to determine the individual inmates physical inadequacies, his character disorders, his educational, social and vocational needs, his moral weaknesses as well as his strength. All this effort is geared to the creation of multi-dimensional pictures of the inmates an individual with characteristics that are solely his own. This individuality demands treatment programs with uncontained flexibility and range to meet the diverse needs and problems of as many types of prisoners as there are prisoners. Admission-Orientation Program During the first two weeks or so, the newcomer is confined at the quarantine cell where he undergoes an orientation of prison life. He is also examined in order to see whether he is in need of medical attention or suffering from diseases which may necessitate his segregation from the rest of the prison population. 5 As per Batangas Provincial Jail Record (August 10, 1977). 36 PHILIPPINES ( R EPUBLIC) DEPARTMENT OF JUSTICE, RULES FOR THE TREATMENT OF PRISONERS, 1960, Sec. 2(3). 1977] PHILIPPINE PRISON SYSTEM 79 Diagnostic Program After the quarantine period, the newcomer undergoes extensive interviews which seek to probe into his family history, his educational background, his mental condition, his personality make-up and intellectual functioning, his social and vocational history and even with his plan upon release. Those with certain skills or appropriate academic training may be given pre-classification or exploratory assignments in any of the various sections of the center. Illiterates are enrolled in adult education classes. Religious counselling and cathecisms are conducted regularly. T reatment Planning All the data gathered in the interviews and tests together with the observations and recommendations of the staff become part of the individuals prison record and forms the basis for individualized programs of treatment. In the process of treatment planning, a multiplicity of factors are further considered, such as length of sentence, recidivistic tendencies, type of crime and degree of involvement, availability of prison equipment and staff, the inmates region of origin and many others. The Staff Interview Finally, after a period of about two months, the individual is called to a staff interview, where with his individual participation, the program directed toward his rehabilitation is laid out and set on record. This covers the following areas: 1) degrees of custody, 2) work assignment, 3) academic training, 4) medical, psychological, psychiatric and sociological recommendations. After the staff interview the inmate is then discharged from the Center and transferred to any of the following institutions to which he was recommended: New Bilibid Prison A mixed custody type of institutions for recidivists, instructable offenders and security risks, and medical and psychiatric cases. Short termers and those who have served a prescribed portion of their term in good behavior are given minimum security privileges. Maximum prisoners are those who are encarcerated within the four walls of the prison and wear orange uniforms; medium prisoners have the blue or gray uniform and for the minimum prisoners, those otherwise known as the living out prisoners sport the brown suit. Iwahig and Sablayan Penal Colonies a mllllmum security facility for first offenders with relatively long sentences, who should profit from a relatively conducive rural setting. They have extensive agricultural proj- 80 PHILIPPINE LAW JOURNAL [VOL-52 cts, livestock and fishery, hospitals, general utility and maintenances, institutional and religious services, adult educational classes. Davao Penal Colony basically the same type of prisoners as those assigned to the Iwahig and Sablayan Penal Colonies but needing closer custodial supervision. Besides having similar activities, Davao has some manufacturing activities and industrial shops. San Ramon Prison Penal Farm Maximum security prison with a . Â · satellite farm and extens ive coconut plantation. Manila Office For medium security prisoners. It provides janitorial and maintenance services for government building in the Greater Manila area. 37 The Reception and Diagnostic Center is so organized to insure the success for which it has been established. It has the following staff: ( 1) (2) (1) ( 1) ( 1) (3) (3) (2) (2) ( 1) (1) (1) ( 1) (3) ( 10) Inmate Classification Coordinator Penal Psychiatrist Penal Institution Education Supervisor Penal Institution Teacher Senior Guidance Psychologist Guidance Psychologists Sociologists I Social Workers Inmate Interviewer Vocational Placement Officer Senior Clerk Clerk Supervising Prison Guard Senior Prison Guard Prison Guard The question, however, is whether or not this framework remains only on records or is an actual reality. The Superintendent of the Center is frank enough to admit that the ideal organization remains in theory. For instance, never was there a psychiatrist in the center. The Superintendent considers his positions as a tough one. He relates that before, there were prison guards as may be seen from the chart, who were trained to observe the behavior and actuations of prisoners in the RDC. However these guards were transferred to the New Bilibid Prison. Without the knowledge of the Reception and Diagnostic Center in many instances, prisoners are already classified into maximum, medium or minimum without an indication of the basis of the classification and without participation of the RDC. This practice und~rmines the purpose for which the RDC was established. 37 As per interview, Mr. Arturo Bustria, Superintendent, RDe. 1977] PHILIPPINE PRISON SYSTEM 81 c. Treatment of Prisoners Imprisonment and other measures which result in cutting off an offender from the outside world are afflictive by the very fact of taking away from the person the right of self-determination and depriving him of his liberty. Therefore the prison system should not, except as an incident to justifiable segregation or maintenance of discipline, aggravate the suffering inherent in such a situation. The purpose and justification of a sentence of imprisonment on a similar measure deprivative of liberty is ultimately to protect society against crime. This end can only be achieved if the period of imprisonment is used to ensure, so far as possible, that upon his return to society, the offender is not only willing but able to lead a law-abiding and self-supporting life. To this end, the institution should utilize all the remedial, educational, moral, spiritual and other forces and forms of assistance which are appropriate and available, and should seek to apply them according to the individual treatment needs of the prisoners. The regime of the institution should seek to minimize any differences between prison life and life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings. These general guiding principles on the treatment of prisoners are provided for in the standard Minimum Rules for the Treatment of Prisoners. Such rules apply only to sentenced prisoners. We now consider the daily activities of prisoners at the New Bilibid prisons and see how these guiding principles are applied to them. 1. Living Conditions a. Accommodations Sections 6-10 of Article IV of the Rules for Treatment of Prisoners (1960) describe what kind of accommodations must be provided by the Institution for the use of prisoners: Sec. 6. All accommodations provided for the use of prisoners and in particular all sleeping accommodations shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation. Sec. 8. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner. Sec. 9. The bathing and shower installations shall be adequate to enable every prisoner to make full use of them according to reason. 82 PHILIPPINE LAW JOURNAL VOL. 52 Sec. 10. All parts of the institution regularly used by the prisoners shall be properly maintained and kept scrupulously clean at all times. During the visits made by the group to the New Bilibid Prison, Provincial Jail of Batangas, Quezon City Jail and the Municipal Jail of Romblon, it was noted that the above-mentioned rules, in most cases, were given only lip service. Congestion se ems to be the perennial problem of Philippine prisons. This was particularly observed in the New Bilibid Prisons which has a capacity of 3,500 prisoners but which currently houses more than 8,000 prisoners. Sleeping accommodations is a far cry from that provided for by law. Even minimum comfort on the part of the prisoners is not provided. The authorities do not supply mattresses or pillows. The cells are uncomfortably cold and damp. Sleeping accommodations are so meager that prisoners are constrained to sleep in corridors. It would not be surprising then to know that prisoners would rather get sick and enjoy the comfort of hospital beds than be healthy and stay in their cells. Bathing and shower installations for the prisoners leave much to be desired. Toilets do not work properly. They are very dirty and not fit for human use. Also, there are not enough toilet facilities. Many times prisoners have to forego their morning rituals. Water is also scarce and prisoner usually go for days without taking a bath or doing their laundry. The prison officials are aware of such accommodations but would rather attribute it to lack of funds rather than mismanagement. b. Personal hygiene, dothing and bedding Section 1, Article XII of the Rules for Treatment of Prisoners (1960) provides that a prisoner must be clean and orderly, everywhere and at all times, in his prison, clothes, bedding and dormitory. He shall be given the opportunity to b athe at least once a day. Section 1 of Article VI also describes the amount of clothing the penal institutions are supposed to provide for prisoners. The prison shall provide each prisoner with the following uniforms and equipments for which he or she shall be held accountable 3 suits or uniforms, 2 blankets, 1 pillow, 2 pillow cases As previously discussed, the facilities of the Philippine prisons, at least those we have visited, do not provide for a healthy hygienic atmosphere for the prisoners. Laundry detergents are used as soap in taking a bath. Adequate beddings contrary to the provision of the law, are not provided. Not enough clothing is given to prisoners, many have outgrown their clothes, some are even half-naked. For all the deficiencies, the prisoners families, funds of gang members usually attempt to provide and supplement. 1977] PHILIPPINE PRISON SYSTEM 83 c. Food Section 20 of the Rules for Treatment of Prisoners (1960) describes what kind of food must be provided by the institution to the prisoners. 1. Every prisoner shall be provided by the administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served. 2. Drinking water shall be available to every prisoner whenever he needs it. Even the chickens do better. This is the usual comment of inmates of the New Bilibid Prison. The budget for food per day is supposed to be P4. 50 but according to the inmates we interviewed, only f1. 50 is actually spent. It is alleged that the difference is divided among prison officials for themselves. Here is the usual menu: 1. Breakfast one pandesal which is more often than not hard, leftover. With the pandesal is either sugar or coffee but never coffee with sugar. 2. Lunch rice, beans, okra or mongo with dark liquid which is supposed to be their soup. . Supper rice, 12 pieces of dilis or 2-3 pieces of tuyo. Prisoners complain of the rice as being rotten and usually with worms. They complain about the soup which tastes a little better than mud. Most of the time they have to repair the food by adding salt, vetsin, sugar and other food seasoning. The prisoners in the provincial, city and municipal jails eat at least more decent food than Bilibid inmates. It is a wish by the Bilibid prisoners that everyday would be the birthday of their Director so that they will have a chance to taste pork, good vegetables and chicken (even if wings only). d. Medical Services Section 221. At every institution shall be available the services of at least one qualified medical officer who has some knowledge of psychiatry. 2. Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals where hospital facilities are provided, their supplies and equipment shall be proper for the medical care and treatment of sick prisoners and there shall be staff of trained officers. 84 PHILIPPINE LAW JOURNAL [VOL. 52 The medical services offered by the prisons we visited is, to say the least, very inadequate for the ever growing number of prisoners. Management of medical services is below par. Medical officers are not always available to serve the needs of prisoners. Moreover, sick prisoners are not provided with their needed medicine by the prison authorities. In Bilibid, the group found out that aspirin is the most popular and the most versatile medicine, it is prescribed to prisoners with catarrh or gastro enteritis. Doctors are inadequate, one of the two psychiatrists of the RDC or the Reception and Diagnostic Center is even utilized as a regular doctor of the prison hospital. Only when the non-medical personnel observe that the prisoner badly needs a psychiatrist is the latter is borrowed from the hospital. In the provincial, city and municipal jails, medical services is a little bit better. Prisoners are taken to nearby government hospitals if they get sick although no medical attention is usually given to prevent the inmate from being afflicted with a disease or ailment. 2. Activities Prison Labor The main activities of the prisoners at the New Bilibid Prisons are gardening, hog-raising, cottage industries and the like. In the penal colonies, however, truly agricultural labor can be seen as the prisoners in our penal colonies plant rice, corn, etc. These activities are all prison labor, which should not be understood as that prison labor designed to be hard, harsh, monotonous and unpleasant in order to emphasize its essentially retributive and deterrent factors, but it should be understood in its modern day concept of being a means of treatment, contributing to the national growth, maintaining and increasing the prisoners ability to earn an honest living after release, and vocational training for young prisoners. Prison labor does not necessarily mean, therefore, working in the open field, tilling the land and planting different kinds of vegetables and other crops. Some who are skilled in making cottage industry products may also pursue this line of interest; others who find interest in handling machines and engines may also select this field of prison labor. It was said that no single phase of life within prison walls is more important to the public and to the inmate than efficient industrial operations and the intelligent use of the labor of prisoners. Indeed, prison labor, in its present-day context, should be helping the prisoners in reforming their lives inside in preparation for their eventual release. The monotony of being segregated from society would be diminished by a well-planned prison labor, the ultimate results being that the prisoners wilt not only be rehabilitated but will also contribute to the national economic growth. 1977] PHILIPPINE PRISON SYSTEM 85 In the National Bilibi d Prison, it was noted that in most cases, only the minimum security prisoners are the ones performing the prison labor in the , fields. This is explainable by the fact that these prisoners are the least security risks among all prisoners. Field work ranges from planting different kinds of vegetables to raising hogs and other domestic animals. Proceeds from these go to the institution which in turn may be spent fo r its maintenance. The prisoners who perform the work receive very meager compensation, and only after six months of being permanently assigned to a definite work, subject to the condition that he maintains good conduct and shows interest and a definite degree of progress in the particular work assigned to him. It is however noted that this meager compensation is not directly received by the prisoner himself. Such are kept in trust for him by the institution, subject to the rules that only one half thereof may be utilized for purchases of the prisoners needs while the remainder shall be paid only upon release. Under some exceptional circumstances, however, if satisfactory reason of necessity for withdrawal is shown, then the Director of Prisons or the Superintendent may authorize the disbursement of any part of the amount retained. It is a fact that whenever one works, he expects a compensation commensurate to the work done. Interest in an endeavor is not total if there is no clear indication as to the receivable remuneration. It is however not expected that prison labor be compensated proportionately to the work done considering that the prisoners are also being housed and fed by the institution. However, a reasonable and just compensation under the present circumstances will alleviate the miseries of these prisoners, who, even though they are segregated from society for crimes done against it, should nevertheless be made to feel that they are still human beings. Education and Vocational Training Provision shall be made for further education of all prisoners capable of profiting therefrom. The education of illiterates and young prisoners shall be compulsory and special attention shall be paid to it by the institution. So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty. Above provisions are taken from the Standard Minimum Rules for the Treatment of Prisoners. It will be noted that youthful offenders and illiterate are the principal objects of this training although the inclusion of the adult prisoners is not precluded. In the National Bilibid Prisons, the eaucational training as intended by above rules is not at all a reality. Slow headway on the vocational training 86 PHILIPPINE LAW JOURNAL [VOL. 52 however is evident, the only major setback being that there is lack of funds to equip such vocational training center. Hence, the prisoners only content themselves with what are readily available although such are not really their line of interest. It can be said that the inadequate education and vocational training devices employed by our present prison system do not at all help in rehabilitating our prisoners. It cannot be expected that the meager equipment in our present vocational centers will at all times have a strong impact on training our prisoners for the outside world, but to give justice to the efforts of our government may at least get something to start with. Recreation and Leisure-time Activities It is important that these activities should be well-implemented because the more a prisoner -works without any recreation at all, the more he feels bored and whenever a prisoner feels bored, he does anything or plans everything destructive to the institution and the society in general. Hence, it is provided in the Standard Minimum Rules for the Treatment of Prisoners that recreational and cultural activities shall be provided in all institutions for the benefit of the mental and physical health of the prisoners. It is expected that every morning at least, the prisoners should be sunbathing and doing some exercises outside their cells. There is no problem with the minimum security prisoners. However for those in the maximum security cells, this is not feasible due to the danger that riots might ensure. Facilities for outdoor games are present in the prison grounds. There are basketball courts to play at but apparently no ball is available. So that the main recreational activities of the prisoners are confined mostly inside their cells. They resort to playing cards and other games of chance because facilities for indoor games are absent. It cannot be denied that recreational activities are important to the prisoners morale and are significant to effective institutional discipline. Hence, selection of such activities that will truly interest the prisoners should be done effectively. It is a fact that prisoners use their leisure to more damaging effects than non-criminals, hence to avoid this it is important that prisoners should not be given the chance to habituate himself to sloth, vices and demoralizing associations. VI. CONCLUSION AND RECOMMENDATIONS If the main and sole purpose of our prisons is to segregate an offender from the rest of the society because that man is socially dangerous, then our prison system has fulfilled its purpose and it can be considered to be effective. We follow the classical school of penology that justifies imprisonment to punish the offenders. As a consequence, treatment of our prisoners is punitive and retributive. 1977] PIDLIPPINE PRISON SYSTEM 87 There is however, a different kind of approach in dealing with such offenses that is gaining ground all over the world. Today, prisons are no longer thought of as solely established for the punishment of the offenders. Experience shows that this kind of approach only make men and women worse. The increasing number of recidivists, habitual delinquents and hardened criminals seems to suggest that the punitive approach fails in the achievement of a more lofty purpose, that is, the rehabilitation of the offender, so that he can be admitted to the mainstream of the free society again but this time a reformed and responsible man. Rehabilitation is the present trend of dealing with offenders. The individual responsibility of the offender is slowly being substituted with that of societys responsibility. It is argued that a person who does wrong should be punished but that punishment is not the ultimate goal. Punishment must not be too harsh, too inhuman to the extent of disregarding the basi

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IKEA Franchising Strategy IKEA is an international home furniture company that selling the wide ranges of well-designed and functional products which packed in form of ready-to-assemble. According to IKEA (2012), its business is founded in 1943 by 17 years old Ingvar Kamprad in Sweden. The headquarter company of IKEA is placed in Delft, Netherlands. With the time turned, furniture retailer IKEA becomes one of successful companies around the world and has ability to take advantage of globalization. Therefore, now IKEA has 325 stores in 38 countries in which 287 stores in 26 countries is wholly owned INGKA Holding (non-for-profit corporation) and the remaining 38 stores are run by franchisees which under Dutch company (for-profit corporation) (n.a, 2012). INGKA Holding is parent company of Dutch company. The largest stores around the world are placed in China, German and Sweden (IKEA, 2012). The IKEA business is developed starting with home selling and then turn to become international nowadays. Originally, IKEA only sold small home accessories and trinkets products in its home, Sweden. Until 1948, IKEA began to design its own furniture products and sold in low price with high quality (Ellis, 2010). The process of business development is from home selling the products, open a retail store in Almhult town, Sweden (1958), then develop a larger retail outlet in Norway (1963). In 2012, IKEA committees plan to develop a wholly-own subsidiary corporate in India countries after did the market investigation. Currently, majority of IKEA stores are wholly owned and managed by INGKA Holding (also known as Stichting INGKA Foundation). The wholly owned subsidiary strategy explain that majority of stores operations, management, its furniture design and manufacture are overseen by INGKA Holding. For the case, IKEA has long eyed the retail market in India, now plan to invest  Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬900 million to create a wholly own subsidiary in India (Kinetz, 2012). On the other hand, IKEA also implements the franchising strategy in some countries to manage minority stores. The franchisees who allowed using IKEAs concept and trademark to run business have to pay 3% of revenue back. Since the culture and value is different in every country, IKEA committees evaluate the countrys local market and its future expansion opportunities before go in. For the future expansion, we suggest that IKEA should take joint venture strategy as business expansion strategy in India country. Joint venture is a good strategy to assist a company enters into a different cultural market. As an example, Wal-Mart knew nothing about Asian retail market, they choose entered into Hong Kong via joint venture with Thai conglomerate (Neelima Mahajan-Bansal, 2012). Second recommendation we suggest to IKEA is using wholly owned subsidiary to enter Brazil. The reason we choose Brazil as another target market because it has stability of political economy environment which can reduce various risk of business (n.a., 2011). IKEA also can take the advantage of Brazil since there has full of high quality woods as the resource for business (n.a., 2011). 2.0 Current Expansion Strategy Wholly owned Subsidiaries IKEA use wholly owned subsidiary as their main expansion. The IKEA corporate structure is divided in to two parts which are operating and franchising. Most of the IKEAs operations practices are overseen and managed by INGKA Holding B.V. INGKA Holding B.V is wholly owned by Stichting INGKA Foundation, a non-profit registered in Leiden in the Netherlands which is controlled by the Kamprad family (IKEAFANS, 2009). In year 2011, there are IKEA stores in 38 countries operating around the world such as United States, Canada, United Kingdom, Switzerland, Netherland, France, Russia, Saudi Arabia, China, Malaysia, Australia, and etc. There are 287 stores run by the INGKA Holding B.V and the remaining 38 stores are run by franchisees (Inter IKEA Group, n.d.). IKEA can either set up new operation in the country or can acquire an established firm in the host nation and use that firm to promote its promote its product as long as IKEA own 100 percent ownership of the stock. Habitat Retail Ltd. is a household furnishings retailer in the United Kingdom, Germany, France and Spain and in the year of 1992, IKEA acquired Habitats UK and French chain with about pound 55m to expand their business (Moore. J, 1992). IKEA own all of their buildings and land, and stores are custom built and designed for efficiency and sales potential. In order to do that, IKEA do not cut back investment in retail stores. (Deniz, Marco Art, 2012) The main purpose of the IKEA use this expansion strategies is to ensure operational control, standardization, and provide a smooth entry into to a new market. The attractive way to use wholly owned subsidiaries is where IKEA can reduces the risk of losing control over their core competence and its concept. This expansion strategies give IKEA have the full control over operation practices such as marketing, logistics and decision in different countries to meet their standard. In addition, all the profits will go to IKEA due to having full control on every operation. It is necessary for them engaging in global strategic coordination. Wholly owned subsidiaries also required IKEA to realize location and experience curve economies (Hill et. al., 2011). This which means, IKEA able to achieve economic of scale by manufacture more products and reduce the average cost of products (Hill et. al., 2011). Indirectly, this also fulfill the IKEA porter generic strategies which is cost leadership. However, wholly owned subsidiary strategy is highly expensive choice for company that would lead to severe financial risk if not successful. IKEA have to bear the full costs and high risk by themselves of setting up the factories, stores and retail shops operations in other nations (Hill, et. al., 2011). Japan was the first country in Asia that IKEA considered to enter in 1970s during their expansion to the international market. Their first entry to Japan market was in 1974 (n.a, 2008). Due to the differences between culture, lifestyle and behavior lead to IKEA face the failure and they had to withdraw their store out of Japan. However, IKEA decided to re-enter the market in 2002. This time IKEA conducted a thorough study of the markets and understand their requirement (Alexandra, 2009). At present, there are five IKEA stores in Japan, last of which was opened in year 2011(Inter IKEA Group, n.d.). Besides that, there are political risks of entering in to the market wholly in the form of nationalisation threats or corruption and bribery (Back et. al., 2010).   Recently in year 2009, there have been issues about corruption in the opening of retail store in Russia (n.a., 2011). It has been held by safely officials requests for payments and IKEA is refusing to so. Thus, IKEA has ended up by would not build more stores outside the Moscow region until Russian officials stop withholding permission and freeze expansions on Russia (n.a., 2011). Franchising Strategy The IKEA concept which bring IKEA franchise worldwide is belong to the Inter IKEA System B.V in Netherlands. Inter IKEA Systems B.V is the franchisor and it is the owner of the IKEA concept and trademark (IKEAFANS, 2009). The franchisees have the right to operate IKEA store under the franchise agreements in accordance with franchisors systems and methods to use IKEA trademarks establish by Inter IKEA Systems B.V(Inter IKEA Group, n.d.). Besides, IKEA franchisees able to access to the product range of IKEA and opportunity to continuously take part in IKEA concept development in their own stores. (Inter IKEA Group, n.d.). Then, IKEA franchisee has its own responsibilities to manage, develop and run their local market business with efforts after granting the rights of IKEA concept. The main concept of IKEA want to expand its market by implement franchising is due to the objective of Inter IKEA Systems B.V.. According to the objective of Inter IKEA Systems B.V., its objective is to increase the availability of IKEA products through world-wide franchising the IEKA concept (IKEAFANS, 2009). So, this encourages the IKEA wanted to create infinity for IKEA through franchising. Besides, the decisive factors for IKEA to franchise for long-term approach are due to its ownership structure and total independence in furniture market (Inter IKEA Group, n.d.). Thus, IKEA bring out the franchising method so that it can secure an infinite life for the IKEA concept when the different companies in different countries able to build the resources needed to expand global under IKEA concept (Inter IKEA Group, n.d.). Moreover, the franchisor, Inter IKEA Systems B.V. acts role to perform some important tasks such as expand IKEA business, improve and develop IKEA concepts, transfer know-how of IKEA to its retailers, monitor IKEA concept implementation and protect IKEA concept (Inter IKEA Group, n.d.). Currently, total of 38 IKEA franchisees are located over 11 countries. The countries with IKEA franchisee included 2 stores in United Arab Emirates, one stores in Kuwait, 3 stores in Saudi Arabia, 2 stores in Australia, 7 stores in China Taiwan, one stores in Cyprus, 5 stores in Greece, 3 stores in Malaysia and Singapore, 5 stores in Turkey, one stores in Iceland, 2 stores in Israel, 1 stores in Dominican Republic and 4 stores in Spain (Inter IKEA Group, n.d.). Franchises strategy not only provide the firm with high control of brand and strategy, but it is also a low financial investment risk and enabling the company to benefit from local knowledge (Back, Andrew Sparapani, 2010). Furthermore, some benefits can be able to gain through franchising by IKEA. For instance, it can earn extra source of income in term of loyalty and franchise fees since it franchises its retail stores located over 38 countries. The franchisees who allowed to use the concept and trademarks of IKEA is necessary to pay 3% of revenue earn to Inter IKEA Systems B.V annually (IKEAFANS, 2009). So, this intentionally provides other cash inflow for the IKEA. Although by using franchising strategy, IKEA can relief of many of the cost and risk of opening a foreign market (Hill Hernà ¡ndez-Requejo, 2011). However, this could make IKEA difficult to control the standards and quality where some franchisees may not concerned about these issues. This could be happened and hard to detect due to the geographic distance between franchisees and main franchisor. This might lead to affect consumer views of IKEAs product if the standards of products are not standardize in its own country compare with the IKEA main stores. 3.0 Future Expansion Strategy Joint Venture to Enter into India Market Joint venture is suitable for IKEA to enter into India Market. It refers to the set up of a new company that is jointly owned by two or more participants (Hill Hernà ¡ndez-Requejo 2011). Each partner must have something special and important such as knowledge, skill, and capital to offer the venture and simultaneously provide a source of gain to the other participants.  The reason for enter into India market is India furniture retail market has been classified by CSIL Milano as one of the 14 largest furniture markets in the world with the worth of US$8 billion and is growing at 30% annually (n.a., 2012). The second reason is that the furniture industry in India is highly unorganized. Nearly 85% of the home furnishing industry is in the unorganized sector and remaining 15% is in the organized sector which included domestic players and also imports (n.a., 2009). The reason to use joint venture is due to the government policy in inviting foreign company to invest in India. According to past policy in India, foreign firms can only own up to 51 percent of joint venture (Sharma Hansegard, 2012). The policy has changed last year by allows some retailers to own 100% of their Indian units. After the change of policy, IKEA have applied for permission to invest into India. However, the result of permission still has not come out. IKEA should not realize on the permission of the wholly own subsidiary given by the local government. If government reject its application, is it IKEA will not enter into the one of the 14 largest furniture markets in the world? There are many successful example of joint venture or cooperative between foreign furniture companies with local company in India today. Arrital Cucine, an Italian furniture company sells its products in India through its Indian partner, Overseas Connexions while the Germany company, Wilhelm Bolt C o. has a technical agreement with Arvind furniture to produce furniture at India (Mukherjee Patel, 2005). There is no time for IKEA to waste as they should quickly enter into India market through joint venture with local company to set up its manufacturing plants and also sell its product around the India. Culture is an important aspect that multinational company should consider before take an action to enter into a specific country (Hill et. al, 2011). Indian culture and their home decoration style are different from western country. Consumers may not accept the western design furniture as they are used to purchase traditional design of furniture which suit to their culture. Thus, set up a joint venture with local firm is a better way to doing business in India and hence can reduce the risk of failure. The difference of culture can directly affect the way how a business operates in that country. The experience of IKEA in China should be take note. Although there is a rapid increase in the number of visitors and sales volume in China, IKEA had yet to make a profit in China. IKEA showed local consumers new home decoration concepts using its various products but Chinese consumers do not accept it (Li Xu, 2007). IKEA have 25 years of procurement experience in China but yet still cannot understand deeply about the Chinese culture and consumers living style, preferences and taste. Thus, before set up its own retail store in India, they should make a deeply study on the local market. Joint venture with local company can bring more valuable information and knowledge for IKEA. IKEA can build relationship with local suppliers, distributors, and media. They can get the data and information form the joint venture firm. Besides that, cooperation with local branded company can quickly promote its brand name into consumers mind. Who should IKEA select to cooperative is crucial. Durian, Furniturewala, Zuari, Renaissance, Furniture Concepts, Millenium Lifestyles, are some of the key players in Indian furniture industry. Local company who can provide marketing expertise, local knowledge, have strong relationship with government, suppliers and distributors should be consider as they can provide many benefit to IKEA for their future operating its own subsidiary in India (Hill et. al, 2011). Besides that, good reputation and image of the local company also is one of the aspects to be considered for cooperative. Company with good reputation can bring IKEA into local market and also consumers mind easily. In contrast, cooperative with company possess bad reputation will straightly harm IKEA brand name and thus being bookmark as poor image company in consumers mind. Thus, companies mentioned above are the best local company for cooperation. According to IKEA Company, the requirement of purchase at least 30% of goods from local small and medium size enterprise under the new policy will remain a challenge for the company (Sharma etc. 2012). Thus, direct investment may not be a best strategy as they are not familiar with local business and industry. Until now, they still cannot truly build the supply chain network in India, so how are they going to set up its own retail store and run the business by themselves. Thus, when should they enter into India? If they do seriously consider the joint venture strategy, they should enter into India 1 or 2 year ago. With joint venture with local firm, IKEA can quickly access to local suppliers through the network of the local company and operate its business smoothly. The growing of furniture industry in India is due to two reasons, Indias large size and Indian tastes have started changed and Indian people are looking for more western furniture style (n.a., 2010). The market attractiv eness is not a problem and it is a chance to take the advantage for establishes its own retail store in coming year. As conclusion, due to local government policy, cultural difference, and also local business network, IKEA should use joint venture as entry mode to enter into India. This action enables them to build up a strong base for future expansion. Wholly Owned Subsidiary to Enter into Brazil IKEA needs to expand the business by entering into new foreign markets in order to ensure the companys future growth. We recommend IKEA can enter into Brazil in South America by considering the wholly owned subsidiary strategy. IKEA have entered into Europe, Asia, North America, Middle East and Caribbean but have yet entered into South America (IKEA, 2012). Two of the mandatory requirements for IKEA to move into Brazil are that the host country must be a member of the World Trade Organisation and a signatory to the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (Back et.al., 2011). The reason we choose to enter into Brazilian market because of the stable political economy factors. Political factors, economic factors, demand factors are factors that will influenced the potential attractiveness of a foreign markets (Hill et al., 2011). The Brazilian economys entered into a stable growth stage after the recovery form financial crisis in 2008. Besides that, Brazil estimated to grow 4.0% in 2012 and the economy is expected will rises from the seventh worlds largest to the fifth within next few years (n.a., 2011). Comparing with other countries in South America, Brazil has the highest Market Potential Index (MPI) (n.a., 2011). As a result, Brazils economy is the best that all of other countries in South America (CIA, 2012). Since domestic savings are not sufficient to sustain long-term growth rates, Brazil is currently encourages foreign direct investment (FDI) and it is the largest recipient of foreign direct investment in South America (n.a., 2011). The entry of IK EA can increase the employment rate of Brazil and increase the revenue of government. Furthermore, IKEA may exploit the market of South America by grabbing this opportunity. Furthermore, the furniture and furnishings sales in Brazil has grown by 5% in 2009 to reach over R$18 billion (U$ 555,435,224.08) and expected continue to grow in the next few years (Ong, Ng and Wu, 2010). This indicated that the demands of consumers are increasing and providing the opportunity for business to grow. IKEA expand into the Brazil market would form early market entry because it enters first into South America markets before other foreign firms. According to Lieberman and Montgomery (1988), the advantages of first mover are the ability to pre-empt rivals, capture demand by building s strong brand name, rides the learning curve ahead of rivals and the ability to create switching costs that tied customers into their products and services. For example, Walmart entered into the China market as early mover, which gained the ability to pre-empt rivals and capture early demand and still dominating the market over the late over Tesco (Waldmeir, 2010). IKEA has experienced as an early mover into the markets in the past. The company has entry into Canada markets in 1976, USA in 1985 and China in 1998 (IKEA, 2012). Thus, IKEA have the advantages of pre-empt rivals and riding the learning curve ahead of its rivals. However, IKEA also suffered from the pioneering costs when they realised of the need for localisation of its American product range (Back et al., 2011). The reasons IKEA failed in the Japanese markets was because IKEA lack of readiness for the Japanese market and lack of readiness of Japanese consumers for IKEAs do-it-yourself concept  (Wijers-Hasegawa 2006). Consequently, IKEA need to beware that riding the learning curve can be a long ride if the market is not ready to adapt the products. We suggest IKEA use wholly owned subsidiary because there are around 16,000 furniture companies in Brazil and most are family owned companies. There are few key domestic players included Florense, Brazil Furniture Group, and others. The furniture market is keep growing and there is yet well known and large furniture company emerge in the market. (Evans, 2012). Thus, the furniture market in Brazil is still unexplored by multinational furniture company. Thus, a well known brand name is easily discover by the market and the consumer when large company entering into that industry. IKEA, a world famous furniture company, have the competency to entering into furniture industry in Brazil and create strong brand image to the entire furniture market easily. As there are many small furniture companies, it is easily for IKEA to enter and dominate the Brazils market. The worlds largest rainforest, The Amazon, is located in Brazil. Thus, Brazil has abundance of high quality woods as the raw material for IKEA produce high quality furniture to consumers. This is the main reason for IKEA to use the wholly owned subsidiary to entry into Brazil. Besides that, the labour cost in Brazil is cheap compared to Europe and America (n.a., 2011). In other words, Brazil has significant comparative advantages compared to others exporting countries because it has excellent quality of raw materials at low costs and flexible labor (n.a., 2004). Wholly owned subsidiary can enable IKEA gain full control over the businesss operations which will also lower the brand risk in the same time (Back et.al., 2011). By wholly owned subsidiary, IKEA can get 100 percent profits that generated in Brazil. Besides that, by adapting wholly owned subsidiary, IKEA can gain the ability to realize location and experience economics as the company is adopting transnational strategy (Hill et. at., 2011). Thus, IKEA can make full decisions to produce products that are customized to the local customer wants and needs. In the South America Context, Brazil is the most preferred country for investment. Entering into South America market is an imported step of the IKEAs globalization strategy. 4.0 Conclusion In conclusion, we knew that IKEA is a very successful worldwide home furniture company. But, they are also facing franchising control management problem due to geographic distance. If franchises do not operate well in the current market, this will affect IKEAs reputation. They tend to reduce this problem by using wholly owned subsidiaries for expansion. This strategy also not very well for IKEA because full control over their competence and its concepts but instead increasing the risks for entry the market due to cultural conflict. We can see that IKEA was failure to entry in Japan before due to diff culture, lifestyle and purchasing behavior. So, we recommended that joint venture is suitable for IKEA to further expand. This strategy can reduce risk for entry and for better handle the market culture and policy. The joint venture that enable IKEA cooperative with those company that fulfill marketing expertise, local knowledge and skill and the most important factor is have strong relationship with government. These benefits encourage IKEA enable to operating well in the specific country. A successful company should analyze all the variables that will lead to failure before enter into a specific market. Although this strategy has occurs some problem and risk but compare to previous strategies, this strategy is better for IKEA sustainable development. Furthermore, cooperative with well known company will also increase IKEA reputation and influence local consumer purchasing behavior. Finally, a very successful company will not stop growing their business and finding the ways that lead to further expansion. They must know well their limit and beat all the deadlines. IKEA has put a lot of efforts on developing their business that strengthen capacity for further expansion. Consequently, they should use joint venture strategy to expand in other countries. The more understanding other countries culture, lifestyle and behavior, the closer the gaps for success.

Expectations and Education :: Learning Education Essays

Expectations and Education One of the most sought-after goals in the world of marketing is a high degree of consumer satisfaction. But in the world of education, satisfaction by itself should not be the criterion for success. If both satisfaction and performance are high, we have cause for celebration. If satisfaction is high and performance is low, as is currently the case in the United States, we have cause for serious alarm. According to Stevenson and Stigler in "The Learning Gap", American parents whose children generally score below Asian children on tests of academic achievement, gave the most positive evaluations when asked about their children's schools and how their children were performing. If the children are doing well, such high levels of satisfaction would be justified. But maintaining high levels of satisfaction with poor performance creates a huge obstacle to the improvement of education. Before you can solve a problem, you have to admit that you have a problem. Why should children study hard i f their parents already express high levels of satisfaction? Why should schools pursue reform with enthusiasm and resolve when they already meet generally high levels of public approval? Americans want a good life for their children. They want their children to be happy and well adjusted. But Americans have not realized that access to the good life and happiness in the future will be blocked if we fail to prepare our children for the competition they will face in an ever more competitive world. As Americans, we have historically had a high opinion of ourselves. In only a few centuries we have opened up a continent, established an effective political and economic system, and brought the nation to prosperity. Americans have been thought of as courageous, industrious, and creative. Early in the American history, people believed they could achieve almost anything with enough effort. Nevertheless, many Americans assume that positive self-esteem is a necessary precursor of competence and place a higher priority on life adjustment and the enhancement of self-esteem than on academic learning. They forget that one of the most important sources of children's self-esteem is realizing that they have mastered a challenging task. We have gradually come to emphasize the limits of what can be accomplished imposed by innate differences among individuals. There are individual differences among human beings in whatever characteristics are measured. But this variability should not be interpret ed to mean that the general level of accomplishment cannot be raised.

Academic Performance of College Students Essay

The lack of adequate background and/or preparation, among other things, causes many students to withdraw from college or to graduate with low grades, which often makes it difficult for them to obtain suitable jobs. This paper examines the academic performance and efforts to seek assistance for academic and related problems of undergraduate students at North Carolina A&T State University. To that effect, the grade reports of business and economics majors and responses to a survey of students enrolled in business and economics courses were qualitatively analyzed. See more: Foot Binding In China essay The results of the analyses indicated that many students experienced academic deficiency and did not seek assistance when faced with problems. The results also revealed that many of the students who sought assistance rated the services they received as ineffective and indicated their preference for school-level advisement services. The development of a school-specific academic monitoring and advisement center would alleviate these problems. Such a center, with a comprehensive and extended advisement and counseling program, will be more effective than university-wide services in improving student academic performance and marketability upon graduation. ********** Teaching, research and service are usually used as a yardstick to measure faculty contributions to higher education institutions. Major universities have long stressed the importance of research activities relative to teaching. Over the last two decades, many of smaller teaching institutions, including the Historically Black Colleges and Universities (HBCUs) where research activities were recognized only to the extent that they would keep educators and the knowledge they transmit to students current, have been under pressure to acquire external funds for scholarships, faculty development, and meeting accreditation standards (Fielding 1985). As these institutions, particularly the HBCUs, placed more emphasis on faculty research productivity, they are faced with the challenge of striking a balance between teaching and research activities. Nevertheless, most colleges and universities recognize that teaching is the ultimate goal of their institutions (Wiley 1993). The main factors considered for improving teaching effectiveness among other things, include teaching approaches and techniques and faculty availability for student assistance and advisement. However, students in higher education institutions must be motivated and committed to make reasonable efforts toward handling various activities, such as reading, written assignments, class discussion, presentation and examinations, effectively. Accordingly, the students’ commitment to attain a good education, their study habits and cooperation, their motivation and efforts to seek assistance, when needed, are equally critical for learning. Thus, since the provision and consumption of education service occur simultaneously, the students’ active participation in the process is a necessary condition to transform teaching to effective learning (Norales and Addus 2003). This paper assesses the academic performance and efforts of undergraduate students to seek assistance for academic and related problems at North Carolina A&T State. The paper (1) examines the academic performance and deficiencies of the students in terms of their overall grade point averages; (2) identifies the relative magnitude of student academic and related problems from freshman to senior classifications; (3) presents student evaluation of the effectiveness of advisement and counseling services available to students; and (4) recommends the development of a school-specific academic monitoring and advisement center to improve student academic performance and marketability upon graduation. Methods and Instrumentation The 1998 grade point averages (GPAs) of undergraduate business and economics majors were used to determine the levels of student academic performance and deficiencies, with the application of chi-square statistic test to the relevant data. The student grade reports (the most recent data available) were obtained from the North Carolina A&T State University’s School of Business and Economics. In addition, data from students were collected through a student survey of 2002. The sample for the student advisement and counseling effectiveness questionnaire consisted of students enrolled in business and economics courses at North Carolina A&T State University. The questionnaire items were designed to elicit responses from students to determine the magnitude of student academic and related problems, efforts to seek assistance to solve their problems, evaluation of effectiveness assistance they received, and preference for the location of advising and monitoring services within the University. The results of this study can be used as a source of data that can provide information on the curriculum effectiveness at North Carolina A&T State and other universities. Such data can assist educators in curriculum planning and development so that they can better meet the needs of students. Student Academic Performance and Survey Results The results of this study are based on the examination of the School of Business and Economics student GPAs and the student advisement and counseling survey of students enrolled in business and economics courses at North Carolina A&T State University. The results are centered around (1) the student academic performance levels and deficiencies; (2) the magnitude of student academic and related problems; (3) the students efforts to seek assistance to solve problems; (4) the student evaluation of effectiveness assistance received; and (5) the student preference for the location of advising and monitoring services. The following are the findings of the study based on student grade point averages and student advisement and counseling services questionnaire responses. Student Academic performance. The school of Business and Economics at North Carolina A&T State University consists of accounting, business administration, business education and economics and transportation/logistics departments. The distributions of grade point average of students enrolled in the School during the 1998 fall semester are presented in Table 1. For the data in the Table, the chi-square test statistic is significant. This indicates that grade distributions by classification are statistically different. Generally, the number of students with low grade point averages decreased from freshman to senior classifications. In other words, more freshmen maintained lower grades relative to seniors, and more seniors maintained higher grade point averages than freshmen. More specifically, the data indicates that, in the School of Business and Economics, 55% of freshman, 14% of sophomore, 16% of junior, and 6% of senior students maintained below 2. 00 grade point averages. The decline in the proportion of students with lower grades from the freshman to senior levels is an indication of either grade improvements, transfer from one program to another or withdrawal and/or suspension/dismissal from the university. In their senior year, 41% of students maintained a GPA of below 2. 50, 23% below 2. 25, and 6% below 2. 00. For all classifications, 53% of students maintained a GPA of below 2. 50, 39% below 2. 25, and 26% below 2. 00. The School of Business and Economics cannot afford to ignore 23% students who may graduate with a GPA of lower than 2. 25 and 41% below 2. 50, only to find it difficult to find professional jobs of their choice in their respective fields. Apparently, students need to be monitored, encouraged and assisted to play an active role in their pursuit to achieve their education and career objectives. Student Survey Results Of some 206 students who responded to the survey, 52% were female and 48% were male students. By classification, 10% were freshmen, 30% sophomore, 37% junior and 23% senior students. In terms of general fields of study, 68% majored in business and economics and 32% in other areas, including arts and sciences, education and engineering (Table 2). These figures suggest that the survey represents a balanced coverage on gender, student classification, and various fields of study. Magnitude of Student Academic and Related Problems: Of 154 who sought assistance, 52% were female and 48% were male students. By classification, 9% were freshmen, 30% sophomore, 37% junior and 25% were senior students (Table 3). The data in the Table is indicative of the fact that the number of problems faced by students generally declined from freshman to senior year of their study. Of 52 students who did not seek assistance, 52% were female and 48% were male students. By classification, 17% were freshmen, 30% junior, 37% sophomore and 19% senior students. A total of 56% who did not seek help were junior and senior students. The reasons indicated for not seeking assistance are that 19% did not have any problems, 17% did not have time to seek assistance, 19% did not know the availability of assistance, 14% did not believe such assistance would be useful, and 15% indicated a combination of the above factors (Table 4). Student Efforts to Seek Assistance: Out of 206 students who sought assistance, 60% consulted with their academic advisors and 30% with course instructors or respective departments. Only 4% indicated to have sought assistance with the University Center for Success (Table 5). Student Evaluation of Assistance Effectiveness: Of 154 students who sought help, 72% indicated that the assistance they were offered was effective resulting in grade improvements, enhanced self-confidence, remaining in major for the better, and changing major for the better. However, 28% indicated that the assistance they received was not effective at all (Table 6). Student Preference for Advising and Monitoring Services: Of 206 survey respondents, 147 (71%) indicated their preference for student monitoring and counseling services at school/college level (as opposed to counseling at the university level); and 92% indicated that they would seek assistance more often if such services were available at school/college level (Table 7). The Case for Academic Monitoring and Advising Center The findings of this study reveal that relatively low grades and high failure rates were maintained by upper level undergraduate students with the possibility of marketability problems. The findings further show that 28% of survey respondents said the assistance services they received were not effective. Another 28% of the respondents, of which 56% were juniors and seniors, did not seek help to resolve their academic and related problems. In addition, 71% of respondents indicated their preference for a school-level assistance services, and the overwhelming majority (92%) said they would seek help more often if such services were available at the school level. It follows that a school-specific academic monitoring and advisement center (AMAC), with a comprehensive agenda for student advisement and counseling, will be effective in improving student academic performance and marketability. The need for the AMAC is underscored by other studies. The main problems affecting student academic performance include inadequate background, working long hours, lack of time to study and seek advice, lack of time management skills, bad study habits and skills, and lack of self-confidence. Many students are also faced with various impediments in their pursuit of higher education and career objectives, including financial problems, family responsibilities, and social and extracurricular activities. Some of these activities do not only take away from the time needed for sleeping, attending class and studying, but they also cause considerable stress resulting in negative effects on academic performance as measured in terms of GPA (Womble 2001). The results of a survey of 239 university students enrolled in business and economics courses at North Carolina A&T State University indicated that most students did not have sufficient time to read the textbook and study, and that their absence from class was work related. The majority (56 %) of the students stated that they could not take lecture notes while listening, and 29 % said they could not understand the lecture (Norales and Addus 2003). Kelly et al (2001) classified college students into short sleepers (individuals who slept six or fewer hours a day), average sleepers (individuals with seven or hours of sleep a day), and long sleepers (individuals sleeping nine or more hours a day). They found that the individuals who represented long sleepers reported higher GPAs than the first two groups. Many students are admitted to a university as a result of their performance in examinations that do not demand the same preparation levels required to succeed in higher education. Thus, one of the main factors affecting the academic performance of college and university students is the lack of adequate preparation skills (Beswick and Ramsden 1987). Entwistle et al (1989) studied the academic performance of electrical engineering students and found that low course grades were associated with inadequate study skills, and that many students had not established adequate independent study strategies required to succeed in higher education. Eikeland & Manger (1992) looked into factors affecting student achievement, especially those factors related to high failure and dropout rates. The findings showed that organized study habits had a positive impact on self confidence during the students’ first semester, but such study habits did not have a direct effect on grades until as late as their fourth semester in college. In a survey of close to 350,000 students attending four-year public and private colleges, over 70 items related to the students’ educational experiences on the survey instrument were grouped into 12 factors. (1) The survey results indicated that out of these factors, public college/university students rated academic advising as the most important aspect of their educational experiences. Private college/university students rated academic advising second to only instructional effectiveness in importance. When students were asked to rate five items (2) comprised academic advising, both public and private college/university students rated the academic advisor’s approachability and the academic advisor’s knowledge about major requirements as strengths–meaning most important and most satisfying (Noel-Levitz 2003). In general, the success or failure in higher education are not explained by the student attributes or faculty teaching efficiency in isolation, but by the complex interactions between students and the learning environments they experience (Entwistle 1990). Thus, students are in need of comprehensive advisement, counseling and support services including time management, stress management, efficient study style, habits and skills, reading, writing, and lecture note taking skills, and other support services. These must help students enhance their capacity to master the relevant subject, self confidence, verbal and written communication, academic performance, and to be competitive and productive members of the community. Academic Monitoring and Advising Center The findings of this study, along with the discussion of relevant literature, suggest that a school-specific AMAC, with a comprehensive agenda for student advisement and counseling, will be effective in improving student academic performance and marketability. The primary purpose of the AMAC is to enhance student academic performance and produce marketable graduates by providing extended assistance and guidance to students in academic activities and related areas. At North Carolina A&T State University there are university-wide student support services, including the Center for Student Success (which is focused on student retention) and school-level academic assistant services. In addition, there are programs which are designed to mentor students with high academic standing, in collaboration with potential employers, to prepare them for the real world work environment upon graduation. However, many students who for various reasons fail to perform to their potential levels deserve to be uplifted through a similar program provided by the AMAC. Compared with university-wide academic counseling services available for students, the AMAC will be more effective for needy students can be given individual and unique attention suited to their specific needs by their respective schools. In addition to regular advisement provided by academic advisors, the AMAC will provide counseling services for students who fail to reach a minimum GPA of 2. 50 during each semester. To start with, such students will be able to discuss issues regarding specific courses and their course loads with an advisor from the AMAC, and receive advice on how to successfully manage their time and handle their course loads. Also, the AMAC if necessary, can suggest changes in course, course loads and schedule to help the students balance their time between school and work. As mentioned above, one of the biggest problems that many students have is lack of time and time management skills. If this problem is solved early, students will be able to maintain a more marketable GPA. The AMAC will continuously monitor students and evaluate their grades throughout each semester to insure that these students continue to do well in the school, and graduate within a reasonable period of time. Students who need assistance must be identified at the appropriate time and be given intensive advice and counseling. It will maintain a data base for all students in the School of Business and Economics with an overall GPA of 2. 50 or less. The data can be collected from student applications, academic records, and surveys (Seidman, 1996). The AMAC will coordinate its activities with university programs designed to provide remedial services to students with deficient backgrounds. It will refer students to other departments and and University support services for problems outside its responsibilities. Such intensive intervention will likely help not only improve academic performance, but also retain students and enable them to graduate with decent grades. Student participation in the AMAC’s program shall enhance their capabilities to improve their academic standing through sound advice and counseling which will positively influence their attitude toward learning and grades, time management skills and study habits. The AMAC will further facilitate development of university policies and programs designed to overcome academic deficiencies and encourage students to stay in school and achieve their academic and career objectives. Conclusions Academic advising is a very important aspect of students’ educational experiences in higher education. In order to enhance teaching and learning effectiveness, higher education institutions must listen to their students unique needs and priorities by assessing assistance services available to students. The results of such assessments can be used to develop targeted action plans for serving specific student population. The results of the analyses of data obtained from the School of Business and Economics grade reports and a survey of students enrolled in business and economics courses at North Carolina A&T State University, along with other relevant literature, imply that many college students need a school-specific academic monitoring and advisement services at an early stage of their college career. It is apparent that it becomes difficult, if not impossible, for junior and senior students to make meaningful grade improvements due to the short span of time available to them during their last years of study before graduation. This may pose a serious marketability problem for some of the graduates of these programs with low grades. In the real world of ever increasing globalization and more competitive job market environments, college students need to acquire higher skills and GPAs. The proposed AMAC is certainly a first step to guide needy students in this direction. References Beswick, D. and Ramsden, P, (1987). How to Promote Learning with Understanding. Working Paper 87:1. Melbourne: Center for the Study of Higher Education, University of Melbourne. Eikeland, O. J. and Manger, T. (1992). Why Students Fail During Their First University Semesters. International Review of Education 38(5), 489-503. Entwistle, N. J. (1990). How Students Learn and Why They Fail. Paper Presented at Conference on Talent and Teaching, University of Bergen. Entwistle, N. J. , Hoursell, D. , Macaulay, C. , Situnayake, G. and Tait, H. (1989). Success and Failure in Electrical Engineering Courses in Scotland. Summary of a Report to the SED. Edinburgh: Department of Education and Center for Teaching, Learning and Assessment. University of Edinburgh. Fielding, G. J. (1985). Transportation Education, Part Two. Report of Joint Conference, Eno Foundation Board of Directors and Board of Consultants. Transportation Quarterly, 39(2), 207-233. Kelly, W. E. , Kelly, K. E. and Clanton, R. C. (others) (2001). â€Å"The Relationship between Sleep length and Grade-Point-Average among College Students,† College Student Journal. Noel-Levitz Research (2003). â€Å"Academic Advising Highly Important to Students,† www. noellevitz. com. Norales, Francisca O. and Addus, Abdussalam A. (2003). â€Å"University Students’ Learning Efforts,† Texas Business and Technology Educators Association Journal, Vol. VII, No. 1. Seidman, A. (1996). Retention revisited: R = E, ID + E & In, Iv. Journal of College Student Retention. 71(4), 18-20. Wiley, III, Ed (1993). Re-Emphasizing Teaching. Black Issues in Higher Education. Womble, Laura P (2001). â€Å"The Impact of Stress Factors on College Students’ Academic Performance,† Working Paper, University of North Carolina, Charlotte, N. C. ABDUSSALAM A. ADDUS Associate Professor DAVID CHEN Associate Professor ANWAR S. KHAN Professor Emeritus Department of Economics and Transportation/Logistics North Carolina A&T State University Notes. (1) the factors are: academic advising, campus climate, campus Life, campus Support Services, concern for the Individual, instructional Effectiveness, recruitment and financial aid effectiveness, registration effectiveness, responsiveness to diverse population, safety and security, service excellence, and student centeredness. (2) the items are: the academic advisor’s approachability, the academic advisor’s knowledge about major requirements, the academic advisor’s concern about the student’s success as an individual, the academic advisor’s assistance to set goals and work toward, and the clearness and reasonableness of major requirements. Table 1 Grade Distribution of Students in the School of Business and Economics by Classification, Fall 1998 Grade Range Classification Freshman Sophomore Junior No. % No. % No. % 3. 50-4. 00 20 6 46 19 20 10 3. 00-3. 49 26 7 44 18 32 16 2. 50-2. 99 45 13 62 25 45 23 2. 25-2. 49 33 9 33 13 33 17 2. 00-2. 24 37 10 28 11 34 18 Below 2. 00 200 55 35 14 31 16 Total 361 100 248 100 195 100 Chi-square: 278. 38 * Grade Range Classification Senior All No. % No. % 3. 50-4. 00 18 7 104 10 3. 00-3. 49 42 17 144 13 2. 50-2. 99 90 35 242 24 2. 25-2. 49 47 18 146 14 2. 00-2. 24 44 17 143 13 Below 2. 00 14 6 280 26 Total 255 100 1059 100 Chi-square: 278. 38 * Note: * Statistically significant at 5 percent probability level. Source: School of Business and Economics, NC A&T State University. Table 2 Profile of Survey Respondents Item Frequency Percent Gender (n = 206): Male 99 48. 1 Female 107 51. 9 Classification (n = 206): Freshman 21 10. 2 Sophomore 61 29. 6 Junior 77 37. 4 Senior 47 22. 8 Major Area Unit (n = 206): Business and Economics 140 68. 0 Other Areas * 66 32. 0 * Include Arts and Science, Education, and Engineering. Table 3 Distribution of Number Problems for Students who Sought. Assistance * (n = 154) Classification Number of Problems and Gender One Two Three Four Five Six Total Plus Classification: Freshman 4 1 3 2 1 2 13 Sophomore 16 4 7 9 8 2 46 Junior 14 14 12 6 4 7 57 Senior 6 7 14 7 3 1 38 Total 40 26 36 24 16 12 154 Gender: Male 19 15 15 11 8 6 74 Female 21 13 19 13 8 6 80 Total 40 26 36 24 16 12 154 * Problems include adding/dropping courses, choosing major, changing major, improving grades, time management, internship opportunities, personal problems which affect academic performance. Table 4 Distribution of students who did not Seek Assistance (n = 52)  frequency Percent of Total Classification: Freshman 9 17. 3 Sophomore 14 29. 9 Junior 19 36. 5 Senior 10 19. 3 Total 52 100. 0 Gender: Male 25 48. 1 Female 27 51. 9 Total 52 100. 0 Reason for not Seeking: Did not have problems 10 19. 2 Did not have time 9 17. 3 Did not know availability of assistance 10 19. 2 Did not believe it is useful 7 13. 5 Combination of last three 8 15. 4 Other reasons 8 15. 4 Total 52 100. 0 Table 5 Student Efforts to Seek Assistance for Academic Problems (n = 154) Assistance sought from Frequency Percent Academic Advisor 89 59. 7 Department/Course instructor 44 29. 5. University Center for Success 6 4. 0 SOBE resource Lab 3 2. 0 University Counseling Service 3 2. 0 Career Counseling 2 1. 4 Financial Aid 2 1. 4 Table 6 Student evaluation of Effectiveness of Assistance Sought (n = 149) Item frequency Percent Grade improved 13 8. 7 Enhanced self-confidence 4 2. 7 Remained in major 15 10. 1 Changed major for better 16 10. 7 Two or more of above 60 40. 3 No effect 41 27. 5 Table 7 Student Preference for Counseling/Monitoring Services Location (n = 206) Item Frequency Percent Prefer student Counseling at school level Yes 147 71. 3 No 44 21. 4 Indifferent 15 7. 3. Would seek assistance more often if Available at school/college level) Yes 92 44. 7 No 15 7. 3 Not sure 45 21. 8 Indifferent 54 26. 2 Gale Copyright: Copyright 2007 Gale, Cengage Learning. All rights reserved. Economic Scene Colleges Are Failing in Graduation Rates Top of Form Bottom of Form †¢ Share By DAVID LEONHARDT Published: September 8, 2009 If you were going to come up with a list of organizations whose failures had done the most damage to the American economy in recent years, you’d probably have to start with the Wall Street firms and regulatory agencies that brought us the financial crisis. From there, you might move on to Wall Street’s fellow bailout recipients in Detroit, the once-Big Three. Multimedia [pic] From the Most Selective Colleges, More Graduates Related The College Dropout Boom Economix: Which Colleges Are Doing Their Job? Reader Responses: Failing Colleges Readers’ Comments Share your thoughts and read responses to readers’ comments from David Leonhardt on the Economix blog. †¢ Read All Comments (113)  » But I would suggest that the list should also include a less obvious nominee: public universities. At its top levels, the American system of higher education may be the best in the world. Yet in terms of its core mission — turning teenagers into educated college graduates — much of the system is simply failing. Only 33 percent of the freshmen who enter the University of Massachusetts, Boston, graduate within six years. Less than 41 percent graduate from the University of Montana, and 44 percent from the University of New Mexico. The economist Mark Schneider refers to colleges with such dropout rates as â€Å"failure factories,† and they are the norm. The United States does a good job enrolling teenagers in college, but only half of students who enroll end up with a bachelor’s degree. Among rich countries, only Italy is worse. That’s a big reason inequality has soared, and productivity growth has slowed. Economic growth in this decade was on pace to be slower than in any decade since World War II — even before the financial crisis started. So identifying the causes of the college dropout crisis matters enormously, and a new book tries to do precisely that. It is called â€Å"Crossing the Finish Line,† and its findings are based on the records of about 200,000 students at 68 colleges. The authors were able to get their hands on that data because two of them are pillars of the education establishment: William Bowen (an economist and former Princeton president) and Michael McPherson (an economist and former Macalester College president). For all the book’s alarming statistics, its message is ultimately uplifting — or at least invigorating. Yes, inadequate precollege education is a problem. But high schools still produce many students who have the skills to complete college and yet fail to do so. Turning them into college graduates should be a lot less difficult than fixing all of American education. â€Å"We could be doing a lot better with college completion just by working on our colleges,† as Robert Shireman, an Education Department official who has read an early version of the book, says. Congress and the Obama administration are now putting together an education bill that tries to deal with the problem. It would cancel about $9 billion in annual government subsidies for banks that lend to college students and use much of the money to increase financial aid. A small portion of the money would be set aside for promising pilot programs aimed at lifting the number of college graduates. All in all, the bill would help. But it won’t solve the system’s biggest problems — the focus on enrollment rather than completion, the fact that colleges are not held to account for their failures. â€Å"Crossing the Finish Line† makes it clear that we can do better. †¢ The first problem that Mr. Bowen, Mr. McPherson and the book’s third author, Matthew Chingos, a doctoral candidate, diagnose is something they call under-matching. It refers to students who choose not to attend the best college they can get into. They instead go to a less selective one, perhaps one that’s closer to home or, given the torturous financial aid process, less expensive. About half of low-income students with a high school grade-point average of at least 3. 5 and an SAT score of at least 1,200 do not attend the best college they could have. Many don’t even apply. Some apply but don’t enroll. â€Å"I was really astonished by the degree to which presumptively well-qualified students from poor families under-matched,† Mr. Bowen told me. They could have been admitted to Michigan’s Ann Arbor campus (graduation rate: 88 percent, according to College Results Online) or Michigan State (74 percent), but they went, say, to Eastern Michigan (39 percent) or Western Michigan (54 percent). If they graduate, it would be hard to get upset about their choice. But large numbers do not. You can see that in the chart with this column. In effect, well-off students — many of whom will graduate no matter where they go — attend the colleges that do the best job of producing graduates. These are the places where many students live on campus (which raises graduation rates) and graduation is the norm. Meanwhile, lower-income students — even when they are better qualified — often go to colleges that excel in producing dropouts. â€Å"It’s really a waste,† Mr. Bowen says, â€Å"and a big problem for the country. † As the authors point out, the only way to lift the college graduation rate significantly is to lift it among poor and working-class students. Instead, it appears to have fallen somewhat since the 1970s. What can be done? Money is clearly part of the answer. Tellingly, net tuition has no impact on the graduation rates of high-income students. Yet it does affect low-income students. All else equal, they are less likely to make it through a more expensive state college than a less expensive one, the book shows. Conservatives are wrong to suggest affordability doesn’t matter. But they are right that more money isn’t the whole answer. Higher education today also suffers from a deep cultural problem. Failure has become acceptable. Students see no need to graduate in four years. Doing so, as one told the book’s authors, is â€Å"like leaving the party at 10:30 p. m. † Graduation delayed often becomes graduation denied. Administrators then make excuses for their graduation rates. And policy makers hand out money based on how many students a college enrolls rather than on what it does with those students. There is a real parallel here to health care.