Friday, September 20, 2019

Changing Marketing Strategies of Pharmaceutical Companies

Changing Marketing Strategies of Pharmaceutical Companies Abstract Pharmaceutical companies spend large sums of money in the time-consuming research and development of new drugs and the new classes of drugs. Each company marketing in the US seeks the possible payoff of staggering high profits which is possible on their patented medicines. Because of the lack of price regulation in the marketing environment in the United States, the United States has become a premium sales market targeted by all pharmaceutical companies. This explains the continued willingness of each pharmaceutical company to persist through the entire long process of idea, creation, development, testing, approval, marketing and distribution despite the high possibility of product failure. The pharmaceutical companies have had to additionally contend with more US federal FDA rules, regulation and oversight in the United States for the entire process before receiving clearance to start marketing their drug product. Other influences like HMOs and Social Security cap limits affect prof itability structure. Over the last fifty years newer marketing strategies by pharmaceutical companies on prescription drugs include a directive appeal to the end consumer to increase the odds of making corporate profits and a marketing focus on social and internet interaction. Introduction Pharmaceutical companies produce specialized medical drug material designed to fill a need. These pharmaceutical companies are usually multinational operations located in key countries around the globe. Many have grown to become complete facilities that attempt to do the entire spectrum of research, develop, test and finally market the subject drug in order to reap the whole benefits possible from the entire cycle (Kaitin, 2010). The pharmaceutical industry has shown over time that they have the capability to increase consumer perceived value with their unique drug products using their own successful plans for timely marketing. But because of these old and new factors causing cumulative hurtles, a new trend in marketing in the pharmaceutical industry is now to additionally market direct to the customer, for example: TV advertising spots showing a new superior drug product which has special features making it directly appealing to a consumer. Changes in basic marketing structure tacti cs will be evaluated for the key levels of pressure from these internal and external factors as these pharmaceutical companies seek to address continuing ongoing product failure rates, increasing US regulation and the ever present potential competition from others inside their own industry. This trend has been a natural development over the last hundred years or so. This is reasonable because the same research that produces one drug may produce an entire class of drugs for market. Confidentiality, control, patents and oversight give these pharmaceutical companies the oversight. It also allows each pharmaceutical company to keep maximum control of all their connected environments. And by controlling these the final marketing each company achieve continues the cycle of giving the most control over the drug for the marketing campaign. The drug industry often competes worldwide and on different economic levels but in some specific territorial markets like the United States, pricing structures are not preset by the government and therefore the free market sets its own competitive standards for pricing giving the possibility and most often the probability of higher drug prices with the resultant bigger profit level opportunities. However these are offset by rigorous structural standard guidelines set by the FDA that must be complied with for any drug sold or marketed to the US public. In the past, drug companies in United States, marketed to doctors, hospitals, nursing homes and sometimes middleman companies as transitional handlers of the newest product. Marketing drugs in the United states has now changed as developers are now targeting consumers directly through television spots, online advertising and in print ads. The direct appeal is to make the end point consumer aware of the name of the drug and its benefits. The object is to have the consumer become familiar with the trade name, ask for the drug directly from their doctor thus boosting the initial sales of the new product and creating a ready market. Industry History Marchetti Schellens (2007) outline the structures of development showing it to be complex and expensive. Not only does the potential class or specific drug have to be discovered or created, it has to show promise for certain illness or disease, then pharmaceutical research can proceed through certain phases. Pharmaceutical companies have a history of costly product failures. Generally theres three clinical phrases and all this can take upwards of 15 years to complete. Additionally the FDA has trended over the last decade to creating higher pressures against drug companies by not approving as many new drugs for marketing. The probability odds are that any specific drug in early clinical phase has only 8% chance or less of ever becoming public (Food and Drug Administration, 2006) (Kummar, 2007). In the United States the U.S. Food and Drug Administration (FDA) has sought to control the drugs available to Americans because of the number of tragedies that have resulted in birth defects o r deaths. The most highly publicized incident was in the mid-1960s and the drug was called thalidomide which for pregnant women often resulted in severe birth defects. As an end result of public outrage creating governmental pressures, the pharmaceutical companies are overseen at all levels and must now successful clinical trials. Lamb(1998) writes that testing protocols have been standardized and once clinical trials are completed there is a analysis period with the end result being an application to the FDA called an NDA ( new drug application) which contains all the technical information. Over the last forty years (1970s -2010) and now in 2011 differential forces are in opposition to the ends of pharmaceutical companies. Environmental and safety issues, new technologies, mergers and the rise of managed care and health maintenance organizations (HMOs) have all effectively changed the environment thats pharmaceutical companies operate in. additionally in 1997 the FDA changed regulations relating to the presentation of risk level. This action in the United States opened the door for pharmaceutical companies to directly market to the public .This freedom for the pharmaceutical companies is offset by the FDA still having oversight surveillance of the specific phases and clinical approval. The FDA must approve the drug. After the drug is marketed there is oversight for continued compliance by the pharmaceutical companies to ensure a low-level of side effects during marketing. Post approval by the FDA comes solely after this period (Silverman, 2011). Pharmaceutical company spending on marketing exceeds that spent on research.[3][22] In 2004 in Canada $1.7 billion a year was spent marketing drugs to physicians and in the United States $21 billion were spent in 2002.[4] In 2005 money spent on pharmaceutical marketing in the US was estimated at $29.9 billion with one estimate as high as $57 billion.[3] When the US number are broken down 56% was free samples, 25% was detailing of physicians, 12.5% was direct to consumer advertising, 4% on hospital detailing, and 2% on journal ads.[4] In the United States approximately $20 billion could be saved if generics were used instead of equivalent brand name products.[3] Although pharmaceutical companies have made large investments in marketing their products, overall promotional spending has been decreasing over the last few years, and declined by 10 percent from 2009 to 2010. Pharmaceutical companies are cutting back mostly in detailing and sampling, while spending in mailings and print advertising grew since last year.[23] Historical Marketing Pharmaceutical companies have employed various methods of marketing their products and this idea can be understood by the phrase â€Å"How would you like to be in an industry where your buyers are uninformed about your product and almost 100 per cent insensitive to its price?† (The Business Edge Consortium, 2010). For many decades this was true. Around the mid 80s this started to change â€Å"The result of these industry conditions was impressive profit growth through the middle of the 1980s. With significant barriers to entry, docile suppliers, powerless buyers, almost no threat of substitutes, and little rivalry, the pharmaceutical industry in the 1980s was just about as perfect an industry as one could imagine. Given its attractiveness, the industry attracted the attention of genetic and molecular biology scientists and the venture capital community, who saw its appeal and thought their revolutionary approaches to drug therapy could attract enough money to overcome the for midable entry barriers the industry enjoyed. Thus, as scientific advances in biotechnology took hold, numerous entrepreneurial companies like Genentech and Amgen were founded to commercialize new scientific breakthroughs. Genentech, the first biotech firm having commercial success, developed a protein that broke up blood clots. Amgens famous molecular biology used recombinant DNA to produce erythropoietin, a hormone that increases the supply of red blood cells in anaemic patients under treatment for cancer and other diseases. By 2000, erythropoietin was generating $2 billion in sales and another $3 billion in licensing revenue for Amgen. Both of these new entrants fared very well in this attractive industry:Genentech went public in 1980, and by 2001 its shares had appreciated 2700 per cent since its IPO. Amgen shares, first offered in 1983, soared more than 16,000 per cent. Starting in the mid-1980s, the barriers to enter the pharmaceutical industry began to show cracks. New legislation made it easier for generic drug companies to enter the market. In the USA, the 1984 Waxman-Hatch Act, which changed the rules for generic drug manufacturers, reduced the barriers to generic entry. Instead of having to prove the generic drugs safety and efficacy, the act required companies only to prove their formulas were equivalent to that of the brandname drug. The subsequent growth in generic drugs was profound. By 1996, generic drugs accounted for more than 40 per cent of pharmaceutical prescriptions. Aside from the influx of generics, the pharmaceutical companies also saw a wave of biotechnology competitors enter their industry Genentech, Amgen and many others suggesting that economies of scale meant less than they used to, and that barriers to entry, while still high in absolute terms, were dropping, thanks in part to the availability of venture capital. Further, the biotech companies new science-focused research model, known as rational drug design, stood the traditional approach to drug discovery on its head. These drug companies worked backwards from known disease biochemistry to identify or design chemical ‘keys to fit the biochemical ‘locks of that disease.† Traditionally they employed very effective strategies that includes educational sponsorship to cover the costs of continuing instruction for top medical personnel, sponsorship of articles in well-respected journal publications, providing free drugs samples to doctors and promotional gifts that include a corporate logo or specifics about a drug the idea behind the promotional marketing is to simply connect the new drug with an old medical symptom and encourage the writers of the prescription to fulfill the marketing cycle. Promantally pharmaceutical samples are still given out to doctors as a promotion and marketing tactic and it works (Alexander, Zhang Basu, 2008). A few generations ago these forms of marketing worked well for the pharmaceutical companies. However circumstances have changed. The FDA seeks to discourage the intimate connection between pharmaceutical companies and their pharmaceutical representatives is the connection to the doctors prescribing medicines, these days d octors see more patients and fewer pharmacy drug representatives, additionally there is a continuing trend by hospitals, doctors and pharmacies towards being conservative in their recommendations and prescriptions because of lawsuits of all kinds (Pharmaceutical Industry History, 2007). Medical drug malpractice suits in the US are rising. Fiscus (2008) writes that â€Å" In the United States, the growing use of DTC advertising has raised challenges to one of the strongest defenses available to drug manufacturers against failure to warn allegations in product liability suits for prescription drugs and medical devices: the learned intermediary doctrine. Under this doctrine, a manufacturer fulfills its duty to warn by adequately informing a learned intermediary, typically a physician.† Current Marketing .In 2010 the global pharmaceutical market is worth over 825 million with a large percentage of this comes from newer and mature drug products and there are over 100,000 health-related websites (The Business Edge Consortium, 2010). The statistics show that marketing by pharmaceutical companies is changing because of external pressures. There has been a dramatic rise in U.S. physicians routinely using d the web to check or research information making the relevance of digital promotion all the more important Pharmaceutical companies have risen to the changing challenge of Internet marketing and now promote and advertise doctor friendly physician and customer service online portals like PubMed, the U.S. National Library of Medicine, National, and Physicians Interactive (Kaitin, 2010). Pharmaceutical marketers are relying more on connecting digital medical information to their target audience through focused marketing, interactive social media campaigns, and cell and mobile linked advertising all targeted to connect to the 145 million + U.S. adults who go online for health answers . The old saying â€Å" time is money† is accurate in the case of pharmaceutical companies as it takes upwards of 15 years to develop a potential drug which only has a 8% probability of getting out of trials and going to market. Therefore it is a necessity to carefully control costs and expenses where possible. One major area of expense has been having marketing representatives which were costing out as high as15 to 20% of a pharmaceutical companies annual drug product revenues. As pharmaceutical company overall expenses and costs have additionally escalated over the last few generations there is a need to reduce expenses down where possible. So the switch from costly pharmaceutical representatives to cheaper graphic marketing is easily understood. Finkelstein (1997) wrote that Competitive and technological changes in the pharmaceutical industry-from powerful new drug chemistries to innovative RD partnerships and marketing plans-are reshaping the business strategies of many phar maceutical and biotechnology companies Given these cost pressures it is understandable that the pharmaceutical companies are looking for better ways to market their drugs. The newest strategy is now to promote what is known as marketing blockbuster medical drugs directly to the consumer public. The idea was to empower the consumer. Right now only the United States and New Zealand allow pharmaceutical products promoted by DTC (Pharmaceutical Drug Manufacturers, 2011). When an individual consumer requests information and the medicine by name by their Doctor some of the responsibility while also applying pressure on the doctor to prescribe the new medicine. Additionally both the small and large pharmaceutical companies are now using digital media to promote their products. From TV and cable to Internet ads consumers are constantly being made aware of the virtues and minor drawbacks of a number specific pharmaceutical drugs. The reasoning behind this strategy by the pharmaceutical companies is relatively simple, if they can promote their products and make its trade name and cure synonymous with the ongoing medical complaint in the publics mind, then they can create momentum utilizing the end customer. Another reason for doing this is to get any of their major blockbuster drugs to pay for the company costs for their other company made drugs sold in smaller volumes Another reason for marketing these blockbuster drugs as to make a success of these drugs synonymous with the company name creating consumer goodwill towards the next product. The latest trend is for reduction in the number of blockbuster drugs and pharmaceutical companies delvin g back into their former research to find potential missing new specialized drugs, .this can be seen clearly by the reduction in applications to the FDA showing ever reducing numbers of new drugs. Another complication that pharmaceutical companies must contend with is the ever-growing number of over-the-counter substitutes (OTCs) that the consumers choose to purchase as an alternative. Over a period of 20 years Naprosyn was widely prescribed as an arthritis remedy but now is available as an over-the-counter drug. A whole spectrum of drugs from arthritis to antihistamines are now available without prescription providing relief to customers but adding little to the economic bottom line of pharmaceutical companies that originally developed these drugs. Another complication in drug marketing is the force exerted by HMOs on doctors and what doctors prescribe .Generally the majority of HMOs are not big on covering high prescription costs for new medicines recently brought to market. The economics are easily understandable because it is not about a single client which needs a single drug but the numbers are multiplied by the potential hundreds of thousands. Therefore HMOs seek to be conservative. And because of that they create a potential customer roadblock for pharmaceutical companies with the new drug on the market at a very high price. Because of the HMO will not cove r the price then the customer must, which generally means the consumer settles for less than the newest product. managed care organizations (MCO), compared with 5 per cent of the US population covered in 1980. These MCOs typically provided full coverage for prescription drugs. But, because of their sheer mass, these institutions had considerable bargaining power with drug companies If present industry overview is taken into consideration then the global pharmaceutical market in 2010 is projected to grow 4 6% exceeding $825 billion. The global pharmaceutical market sales is expected to grow at a 4 7% compound annual growth rate (CAGR) through 2013. This industry growth is driven by stronger near-term growth in the US market and is based on the global macroeconomy, the changing combination of innovative and mature products apart from the rising influence of healthcare access and funding on market demand. Global pharmaceutical market value is expected to expand to $975+ billion by 2013. Different regions of the world will influence the pharmaceutical industry trends in different ways. http://www.da-group.co.uk/index.php?option=com_contentview=articleid=31%3Amicro-and-macro-environmentscatid=2%3Amarketing-lecturesItemid=3 CURRENT CHALLENGES FOR THE RESEARCH-BASED INDUSTRY To understand why â€Å"business as usual† is no longer an option for the research-based drug industry, it is worth considering some of the myriad challenges that drug companies currently face. At the top of the list is the upcoming onslaught of patent expirations of many highrevenue- generating branded medicines. Between 2009 and 2012, worldwide sales for these products will exceed $112 billion (Table 1). Included in this list are 36 blockbusters (drugs with annual sales of $1 billion or more). Some important examples include Singulair (montelukast), with more than $4 billion in annual sales (patent expiration in 2012); Plavix (clopidogrel), with more than $8 billion in annual sales (patent expiration in 2011); and Lipitor (atorvastatin), with an industry-leading $13.7 billion in annual sales (patent expiration in 2010). Given that only 3 in 10 new products, on average, generate revenues equal to or greater than average industry RD costs,1 the loss of patent protection on the se blockbusters represents a very real threat to the industrys ability to sustain its own growth. Without question, many of the large pharma mergers and acquisitions announced in 2009 reflect the industrys desire to avoid the imminent danger of the patent cliff, rather than an interest in enhancing RD capabilities or scope. The current environment for innovation presents formidable economic, regulatory, and political challenges for the research-based pharmaceutical industry. In particular, the growing time, cost, and risk related to drug development are stubborn obstacles to filling industry pipelines and boosting the output of new pharmaceutical and biological products. Presented here is a model of an innovation network. Although structures may vary, the innovation network offers the best mechanism to ensure viability and economic success for all sectors of the pharmaceutical and biotechnology industry, as well as the uninterrupted flow of innovative lifesaving and life-improving medicines for waiting patients. The Rise of Contract Research Organizations Clinical trials are administered by investigators at hospitals, academic institutions or managed sites. The investigators find and enroll healthy and symptomatic volunteers, each of whom is required to sign an informed consent acknowledging acceptance of the drug and its potential side effects. The testing protocol and informed consent form are monitored by Institutional Review Boards (IRBs) in the sites where the trials are conducted. In essence, the IRB acts as an ethics committee to ensure the safety of patients and volunteers. Once clinical trials are completed, the data are subjected to biostatistical analysis over a 6 to 12 month period.3 If the data yield promising results, the sponsor seeks final approval though a New Drug Application (NDA). The NDA must contain all scientific information the sponsor has gathered and typically fills 100,000 pages or more.4 During the review period, the FDA assesses the safety and effectiveness of th e drug, the manufacturing process, and the risk-benefit calculus.5 By law, the FDA has 180 days to either approve the application or notify the sponsor of the opportunity to request a hearing on the merits of the application.6 In practice, however, the FDA review process takes more than two years; in 1996, for example, the mean approval time for NDAs was 17.8 months, down from over 30 months during the late 1980s.7 Following approval, the FDA may require additional post-market research. Post-market surveillance regulations require the sponsor to collect and periodically report additional safety and efficacy data.8 In addition, the FDA may request further clinical research (Phase IV) to find new uses for the drug, test dosage formulations, compare the drug to competitors treatments, and assess long-term effects.9 Finally, pharmaceutical Conclusions A continuous call for ethical standards by pharmaceutical companies that market in the United States is often put aside because company marketing and business model of making profits matter more.(Pharmaceutical Drug Manufacturer, 2011). Brezis (2008) writes that the US public will lose out in the long run because the pharmaceutical companies are more focused on marketing and profits than about public health. Drug trial deaths still happen and have been described as a trade secret. It is not just one of the big pharmaceutical companies by Johnson Johnson, Merick and others whose own safety documents raise concerns that are buried in stacks of papers while marketing continues (Brezis, 2008). But this is offset by the ability of both the doctor and patient to use the Internet to search out the detailed information and become truly informed. Each of them can then make an informed decision about the benefits and potential drawbacks of using pharmaceuticals.

Thursday, September 19, 2019

The Devil in Dr Faustus Essay -- Doctor Faustus Essays

The Devil in Dr Faustus  Ã‚   In Scene 3 Mephastophilis appears to Faustus in his real form. Faustus reacts with disgust and asks the devil to come back in a shape more pleasant to the eye - as a Fransiscan friar. Faustus’s reaction is typically renaissance - he objects to ugliness and craves aestheticism. It also shows his sense of humour (or rather sense of irony) - as he says â€Å"That holy shape becomes a devil best† (l 26). What is striking is that when Mephastophilis appears first, Marlowe does not bother to describe him. True - he does not talk of the physical appearance of any of the characters as well, but a devil is a creature that, in our twentieth century opinion, is clearly in need of some footnote specifying what he looks like. But there is no such footnote. The early seventeenth century audience did not need a description of the devil like the twentieth century audience does. The Middle Ages had accustomed people to viewing the devil as a hideous, disgustingly ugly and frightening creature. The renaissance was a revolution in terms of imagery. The devil became more hu...

Wednesday, September 18, 2019

War Poems: Totoy’s War, State of Siege, and War is Kind Essay -- Totoy

â€Å"Totoy’s War† by Luz Maranan, â€Å"State of Siege† by Eric Gumalinda, and â€Å"War is Kind† by Stephen Crane Throughout our history, both recorded and unrecorded, there have been countless violent battles fought. From small skirmishes to full on declarations of war, humans have been involved with battling on another for all the reasons that they have. The only thing alarming is that, as time and technology progresses, the number of casualties and collateral damage have been increasing as well. In addition, the implications to the human mind, brought upon by the excessive violence, can be equally damaging. With that being said, the psychological implications brought upon by war can be reflected in several art forms, such as poetry. War poems usually deals with how the persona of a particular poem, reacts to life altering events such as war. â€Å"Totoy’s War† by Luz Maranan, â€Å"State of Siege† by Eric Gumalinda, and â€Å"War is Kind† by Stephen Crane are just three examples of the many war poems that exist. Each of the poems conveys different messages, as well as utilizing different methods to convey the said message, despite having one common theme. The Fear of the Children â€Å"Totoy’s War† by Luz Maranan is easier to read poem, as compared to the other two poems mentioned. The poem is about the fear that people have during war times and how it affects various people, of all ages. The poem itself has no subliminal message that it wants to portray to its readers and is very direct with the matter of war – no use of metaphors, ironies, or difficult figurative language, whatsoever. The dramatic situation in the poem is that a child, Totoy, came to the persona asking â€Å"Is there a war?† (Maranan 2) with fear in his eyes. The persona then goes into c... ..., as well as the readers. Stephen Crane’s poem in contrast, uses irony to try and convey the message about the ugliness war brings. Eric Gumalinda’ poem on the other hand, is the one that is sort of off-tangent to the two. This poem in particular, shows the readers a glimpse of what is happening on a damaged person’s mind. It shows the readers a first-hand view on what people during war times could do, and all their intentions. Works Cited Crane, Stephen. "War Is Kind by Stephen Crane." About.com Poetry. About.com, n.d. Web. 7 Feb. 2015. . Gumalinda, Eric. Lyrics from a Dead Language poems 1977-1991. Manila: Anvil Publishing Inc., 1991. Print. Santiago, Lillia. In the Name of the Mother: 100 Years of Philippine Feminist Poetry (1898-1989). Manila: University of the Philippines Press , 2002. Print.

Tuesday, September 17, 2019

Information systems of business Essay

A business have to manage lots of different information. All information systems have 2 big issues, one is the organisation who receive the information and the other is that appropriate members of staff gets the information. A number of policies have to be put in place concerning security of information, backups, health and safety, organisational policies, costs and increasing sophistication. Security of information can be an operational issue. It is all about maintaining the integrity and availability of organisational information and knowledge. Managers need to have the right information available at the right time to make good decisions. The reliance on technology to store information increases which means the risk posed by system failure and malicious attack from viruses also increases. IT security policy should take into account common risks to information the business relies upon. This policy should include secure login id for IT systems and controls that limit access to information. Backups are also an operational issue these are stores on separate hardware from the live versions of the information. Health and safety can be an operational issue. There are many regulations concerning health and safety. The Health & Safety (Display Screen Equipment) Regulations 1992 this is the minimum requirements for work stations and includes the extent to which employers must ensure that workstations meet the requirements laid down in this schedules, the equipment, the environment and the interface between the computer and operator. Another is the management of health and safety at work regulations 1992 this is that every imployer shall provide his employees with comprehensible and relevant information.

Monday, September 16, 2019

Kite Runner Quotes Essay

â€Å"There is a way to be good again†. This quote is one of the remarkable quotes of this book. It is used in the beginning of the novel to make it more interesting. The choice of using this quote was very smart, since it explains a lot of the plots just in one sentence. This was said by Rahim Khan who is very close to Amir. He is a person Amir respects very much and he is the one who tells Amir about his dad and Hassan being his step brother. This quote brings out the feeling of guilt Amir was feeling for so long time. But Rahim Khan insisted that Amir goes back to Kabul and get Hassan’s son out of the orphanage and bring him back to America to atone for his sin he had done when he was twelve. It also explains that no matter what you have done in the past doesn’t matter as long as you do good things in your future. â€Å"For you a thousand times over† This is another remarkable quote from this essay and is also very important. This was said by Hassan to Amir. The setting was in Kabul in a sunny day of winter. They were flying kites and in Kabul fighting with kites were very popular and after they had won the fight; Hassan insisted he would go get the loser’s kite for Amir. When Amir said make sure you bring it and Hassan answered that for you a thousand times over. This shows the bond of friendship, one of the main themes in this novel. It also shows how much Hassan cares about Amir that he is willing to do anything for him. But in reality he is Amir’s brother. â€Å"The curious thing was, I never thought of Hassan and me as friends either† This quote was said by Amir but it is very stereotypical. As well as shows how selfish Amir is. Being Amir’s brother Hassan was still the servant of the house and did everything Amir asked him to do. He went through a lot of hardships for Amir’s sake as well as takes a lot of insults. But in the end Amir betrayed Hassan and tried to frame him of being a thief and making him leave their house. Also the reason Amir felt this way was because he was embarrassed to think that their servant could be his friend. This is also why Amir’s life changes forever and the feeling of guilt which is one of the other main themes of this novel starts.

Sunday, September 15, 2019

Case: Pizza Chains of the United States and Pizza Hut Essay

Executive Summary Competing in the market today can be very complicated. â€Å"The Pizza industry is a 30+ Billion per year industry (â€Å"Facts,† 2010)† Maintaining a steady position in this industry is very imperative to us being successful in such a competitive market environment. Deciding when to expand a company is very important. There are decisions to be made for example whether management wants to vertically or horizontally integrate. What Resources will be needed? Other decisions may be to add a new product line to compete with other companies already in the market. Recognizing these issues early on help to eliminate falling behind in the market due to not recognizing competition when as it arises. So far to date Domino’s has done a remarkable job at staying ahead of the game. Being an innovator in deliver, later marketing the HeatWave bag, and even entering into new markets with hot oven subs and pasta bowls. The latest of our strive for excellence has resulted in us revamping our recipe. Just like everyone else we have our weaknesses, but our strengths are where we prevail. We have a great supply chain and have integrated it quite well. Our ability to change and implement these though our franchises have been relatively impressive. This is very unique to us indeed. We have overcome many obstacles. Since 2007 the economy has taken a downturn and has yet to recover completely. We have adapted by reducing prices, adding menu items and integrated a new recipe into our company to achieve more of a competitive advantage in this every changing market. As Trends change so do we. Even though we are doing great with the current changes, we need to take full advantage of the momentum and enter into a new market before a new competitor rises up and blindly and takes us by surprise. The frozen pizza market has almost exploded in the last few years with America trying to get more for the buck. â€Å"The frozen pizza market continues to perform well as consumers continue to seek value and convenience and are trading down from delivery and restaurant pizza companies(Shea, 2010)† to include us and our competitors. This is our chance to get into the frozen pizza market. With brand recognition alone we should be successful and now that we have our new recipe behind us we should be able to be a strong contender. Expanding that even further and not only offering frozen but offering unfrozen pizza as well with fresh topping in my opinion has a recipe for success. Imagine customers grabbing a domino’s pizza while grocery shopping. They would be getting the same over freshness we offer without the need for delivery. We could penetrate that market from customers who normally don’t order delivery. Dominos has made these decisions before â€Å"We made a lot of tough calls in terms of expanding our menu and changing our recipe(Veenendaal , & York, 2010) â€Å"according to Mr. Brandon. This is something we obviously are getting really good with. Without recognizing this new threat of competing with the frozen food isle we are destined to fall behind. Introduction Domino’s pizza first began in 1960 from a pizza store known as DomiNicks. It was purchased by Tom Monaghan and his brother James Monaghan for $900. James later sold his half of the partnership to Tom for a Volkswagen Beetle. In 1965 Tom now the sole owner of the company renames it to the name we recognize today as Domino’s. The first Dominos pizza franchise originated from Ypsilanti, Michigan in 1967. In 1978 the Franchise had grew to over 200 stores. Then again only 5 years later in 1983 we hit another bench mark in our company by reaching our 1000th store and were international. Today approximately 90% of our company’s domestic stores are franchised. We use our company owned stores as a testing ground for our new products and technologies which we then pass onto our franchisees. Over our 45-year history, â€Å"Domino’s has developed a simple business model focused on its core strength of delivering quality pizza in a timely manner. This business model includes a delivery-oriented store design with low capital requirements, a focused menu of pizza and complementary side items, committed owner-operator franchisees and a vertically-integrated distribution system (Reuters, 2010). †In 1993 we had to discontinue a successful marketing campaign for delivery that was well known as the 30-min guarantee and redirected out emphasis on more on the Total Satisfaction Guarantee; â€Å"If for any reason you are dissatisfied you’re your Domino’s Pizza dining experience, we will re-make your pizza or refund your money(â€Å"Our Heritage,† 2008). † In the 1992 we rolled out bread sticks which had significance in that it was our first non-pizza menu item. Shorty after that in 1994 we introduced Buffalo wings to our domestic stores. This another technique used to complement our already thriving pizza delivery business. When compared to others in the industry during this time we were sustaining our competitiveness by offering more of a range of products with speedy delivery. Spinning off into the hot wings market allowed us to grab attention of being more than just a pizza delivery business. We now had more variety with the same great speed and service. With the dot com bubble coming to light in the 90’s, we again led the way by getting in early on the dominos. com. â€Å"The dot-com bubble was a speculative bubble covering roughly 1995-2000(â€Å"W dot-com bubble,† 2010). †We recognized this competitive advantage early and launch our first website in 1996, Dominos. com. Our ability to continue to recognize the importance of adapting to an ever changing market has been the key to us maintaining our current position today. In 1998 we launched another industry innovation by offering the first patented technology bag that keeps the pizza oven-hot to the customer door. It was called the Domino’s Heat Wave and was used heavily in advertisement to gain customer confidence in the delivery of a hot piping pizza directly to their door and is still used today. This added to our already strong brand recognition in the market and continued to add more of a distance between us and our competitors. By taking full advantage of the opportunity to be an innovator to pizza delivery, we not only provided a service that was not yet established in the market place early but established the brand name recognition for pizza delivery which is the key advantage over other competitors in the pizza delivery service. After most of the recent research that has been done today, it has come to our attention in today’s market that customers would prefer a great tasting pizza over a speedy delivery. The fact that we have shifted our ideas to revamping our recipes was a great challenge for us this past year and has worked out rather well. This was big step from our traditional idea of being successful by competing to make a speedy delivery and cheaper pizza. Today we are competing by making a great pizza with the added convenience of delivery to the customer door step hot and fresh as well. We operate out business in three segments, domestic stores, domestic supply chain, and international. Our domestic stores are comprised of 4461 franchise stores and 466 company-owned stores, generated revenues of $493. 6 million and income from operations of 121. 5 million during the fiscal year ended jan3, 2010. Our domestic supply chain segment, generated revenues of $763. 7 million and income from operations of $57. 0 million during 2009. Our international segment generated revenues of $146. 8 million, of which approximately 53% related to franchises royalties and fees, and generated income from operations of $66. 8million, of which approximately 91% related to franchise royalties and fees. This was all data taken from the 2009 dominos 10k. This shows our ability to compete. Our mission statement says a lot about us as a company. â€Å"Exceptional franchisees and team members on a mission to be the best pizza delivery company in the world (â€Å"Bloomburg business week,† 2010)† shows that even though we have focused on selling more pizza than any other competitor in the market we want to encourage a fun atmosphere. By encouraging our employees to work as part of a team, it not only encourages a successful work environment, but also reflects over the counter to our customers. This high energetic atmosphere surrounding our establishments has a great impact on the customer’s perspective and how they perceive us and the value of not only the product we sell but our company as a whole. This is in line with our vision statement as well. One of our international vision statements of being â€Å"number one in pizza, number one is people (â€Å"Inside domino’s,† 2008)† shows our commitment not only to making great pizza but ensuring our customer’s stay happy. Today more than ever people are addicted to fast food. It is a fast growing industry. Fast food is considered by most to be a food that is consumed on the go. Customer’s today love style, taste, and have preferences that we as a participant in the pizza delivery sector must tap into to be successful. â€Å"The Pizza industry is a 30+ Billion per year industry (â€Å"Facts,† 2010)† Maintaining a steady position in this industry is very imperative to us being successful in such a competitive market environment. We have made a significant step forward by changing our game plan and mixing up our ingredients to get more of what Americans are in tune with. â€Å"Americans eat approximately 100 acres of pizza each day or about 350 slices per second (â€Å"Facts,† 2010)†. Understanding the current eating habits of our customers today is the key to being successful in tomorrow world. We have led the way by being an innovator and setting the standard in delivery when we first began and don’t need to stop now only by spicing up our ingredients. We now have the momentum to achieve so much more and I highly recommend we take full opportunity of this push forward to regain our customers and compete not only in pizza delivery industry, but in the frozen food isle as well. There are so many avenues of completion we could look at and I would like to take this opportunity to give you’re my insights and the direction I think we should pursue to take our company far in to the future and deter other from entering our industry. Analysis-Debt Analysis In analyzing our debt, I have discovered that our greatest strength according to standard and poor’s is our ability to continue to have reductions in debt. This gives us a favorable upper hand in the market being that our competitor’s realize that we now have plenty of working capital. â€Å"Our favorable view of DPZ reflects the expected benefits we see from the company’s four-pronged strategy. Namely, its ongoing reductions in debt, the early success of efforts to gain domestic market share via its â€Å"New Inspired Pizza,† a heightened focus on operational excellence and financial strength among its domestic franchisee base, and continuing international expansion. (â€Å"S&p focus stock,† 2009). †Hopefully this will help sustain our competitive differences among our competition. In looking at the financials from moneycentral.com, I have discovered that our net profit margin to be 5. 5% and papa john’s net profit margin to be 5. 44%. This shows that we have a slighter higher return on every dollar we have invested and thus leading us to have a stronger position than papa johns. According to the 10k posted on investing. businessweek. com we have a strong cash flow and earnings stream â€Å"A substantial percentage of our earnings are generated by our committed, owner-operator franchisees through royalty payments and revenues to our vertically-integrated supply chain system(United states securities, 2010). †Our system has produced strong cash flow for us, this had led to our success enabling us to invest in the domino’s pizza brand, our stores, and our supply chain centers, pay dividends, and repurchase share of common stock, and repurchases and retire outstanding principle on our fixed debt notes and deliver a better than average return for our stockholders. Our system is a very diversified franchise system. We have come a long way in our line of business. Being that we not only integrated a new recipe to integrate it into this whole supply chain has been quite impressive. With corporate deciding to change our ingredients in our pizza recipe to regain our customer base has been more than a success and the number reflect on our 10k for 2009. This reflects to an extent that our â€Å"new inspired pizza† for the moment is working. New Inspired Pizza This new strategic decision to ramp up our recipe all came about after a study we conducted a study in 2009. We discovered that a lot of people did not like our pizza. With statement made like â€Å"Domino’s pizza crust, to me, taste like cardboard (burkitt, 2009). † We had no other option but to change the way we made pizza dough and sauce recipes and launched new and inspired pizzas earlier this year. We reformulated our ideas to regain new and old customers. After weighing the fact that we no longer have the lead in delivery and the taste of our pizza is a very important to our customers. This alerted us to the how our old strategic performance measured up. This again gave us a much needed opportunity to give the customers something different. Our competition has decided to stay with their traditional style recipes and we now have the opportunity to surge forward and offer a more value to our customers with our new look and feel. We took a huge gamble in our advertising campaign for our â€Å"New Inspired Pizza† by acknowledging our previous shortcomings of our pizza. This campaign included TV ads giving customers a snapshot of our new ingredients. We have encouraged many to try our new pizza and so far it has been a successful campaign. According to the data we collected I am pretty confident that the new pizzas have been a huge success, leading to 14% sales increase in the first quarter of 2010 at most locations opened more than a year. The fact that the customer realizes we listened to them, and we changed our pizza shows our loyalty to how our customer feel. They reacted by returning. As of the quarter ending march 28th, 2010 â€Å"the company’s domestic same store sales grew 14. 3% as a result of increased store traffic from the successful introduction of its new and inspired pizza(â€Å"Domino’s pizza announces,† 2010). †There has been a lot of noise around the change to our pizza. I feel that it has obviously showed it was successful. Our President and chief executive officer J. Patrick Doyle, has been quoted as stating â€Å"a remarkably better pizza, and our honesty in how we told consumers about it, is paying off with a revitalized overall category – with dominos leading that trend. We couldn’t be more please with the success of our new and inspired pizza (â€Å"Domino’s pizza announces,† 2010). † This is a very important statement in that that not only demonstrates that our president is in full tune with what is going on in our company but he truly understood what we faced and has inspired to our competitors that we will not throw in the towel and that we will be giant to contend with if they decide to get into our market. He later added â€Å"Our international division kept up its phenomenal growth trajectory again this quarter, with continued success in our existing markets, along with new markets expected to open in Europe, Asia and Latin America yet in 2010. I think we have by far the best international story in the sector. (â€Å"Domino’s pizza revenue,† 2010) . † This is very significant in that is relays another message that we not only concerned about one division but multiple ones. We are very good at what we do. We show diversification and show the world we are global contenders. Sub Competition Another strength I see that we recognized approximately 2 years ago and was the idea to add oven baked sandwiches. This has led to our competitiveness in that we deliver not only pizza but hot oven baked sandwiches as well. Prices at just $4. 99 and available in 4 varieties offers competitiveness to more than just pizza hut and papa john’s but other fast food chains as well. Papa johns does compete in this area with chicken strips but have failed to expand any further. They have desert pizza’s but so far that decision has not affected our sales. Customer’s ability to have the convenience of sitting at home and have us deliver their oven baked sandwich versus having to drive not only appeals to them on a convenience level but also that they save gas as well. The president of dominos USA commented on the launch stating â€Å"as of today, we are the largest sandwich delivery company in the nation. This launch springboards dominos in the lunch business by providing a product that is high quality, priced right and aimed at convenience-minded people without a lot of time. Of course, sandwiches are also available any time our stores are open (â€Å"Domino’s pizza extends,† 2008). † Reevaluation We have also reevaluated our domestic franchisee stores to change things up a bit. We have recognized the need for improved performance. We recognized the three dimensions of performance according to the Strategic management by bandford and west â€Å"1) summery measures that reflect the impact of integrated efforts across the entire company, 2) measures that can be compared to competitors and 3) measures that account for longer periods of time(Bamford, West, & Reviews, 2009)† We gave the stores a grade from A to D Based on sales, operating profits, and the strengths of their financials. This analyzed the summary of how the franchise stores measured up across our domestic market. This allows to recognized problems and fixes them without causing damages to our reputation. The franchise’s that scored the lowest were offered assistance and advise on how to regain back their customer base. This big push forward in the implementation of reevaluation and adjustments to our existing stores to how we do business is was much needed. We provided them with the option to be bought out. Due to our ability to repurchase these weaker franchisees locations, this led refranchises to its stronger operators. These were measured we considered important when comparing to our competitors. We did have to shut down a number of stores but the results we hope to achieve are higher sales for franchisees and a boost to company royalties as well. This all played in as a part of return on assets (ROA). After this strategic decision of realigning our stores this gave our existing stores more company profitability, and also focused on each stores strengths and weaknesses. Marketing Campaign Without an effective marketing campaign and getting the word out that we got it, our changes would have been pointless. There comes a time when we realized changes needed to be made. The fact that we discovered customers were not completely satisfied with our pizza and reacted was a great move on our part to recognize it could damage us dramatically if changes were not made accordingly. This led to our drive to become better. In taking advantage of today technologically advances and using YouTube to relay the message that we got the message. It allowed customers to see exactly what we were doing to combat the flaws that they had pointed out. We were aware they were unhappy and this has helped in significantly getting the word out our pizza has changed and we do care about how our product taste. Weakness A huge weakness that I feel that we really need to consider and get on board with today is the entry into the pizza into the frozen pizza industry. This has many potential upsides. This may be one of the best strategic moves we could make using the momentum we have with the revitalizing of our pizza. We need to show we can take on any competitor. Taking full advantage of the opportunity provided by the economy and using this to our advantage not only guarantees that we can be successful in the market but also seals the deal that when the economy picks up that we will remain victorious there. The customers have rushed the frozen food isles in grocery stores since it may be cheaper to purchase and microwave a pizza than ordering from delivery which in general tends to be more expensive. Providing pizza’s cheaper grasp the customer’s attention when deciding where money gets the most for its value. We still provide a superior product but in my opinion we have to compete with price in this market to be successful and to do that we need to be in this market. We have to look further than our traditional competitors and broaden our horizon. This way of thinking and planning ahead assures we continue to be competitive and reestablished our ability to adapt to change. The Competition It is not secret who our biggest competitors are. The tradition pizza wars between us and pizza hut, and papa john’s has been among the greatest. Today we not only compete with pizza hut as a top competitor but Papa john pizza as well. There are some other local establishments that try to compete but for the most part domestically, these are the top two we need to be concerned about and devote our attention to analyzing our marketing approach. We need to remain vigilant and aggressive in assessing our competition and not forget that at any moment they could regain the momentum. So far we have sustained our position but to obtain sustainability in the market takes being very proactive and not underestimating the competition or taking for granted our current position. In comparing ourselves among other in the industry it is no secret that we must compete with papa johns and pizza hut to remain successful in our market. In analyzing the big three, domino’s pizza they reported a â€Å"1. 4% increase in domestic same store sales for the fourth quarter ending jan3rd (Morgan, 2010). †2009, pizza hut reported sales were â€Å"down 9% for 2009(Morgan, 2010)†,and papa john’s â€Å"reported same-store sales were down . 5% this quarter (Morgan, 2010). †These numbers have demonstrated our ability to regain our competitive separation. We have focused more on ramping up our recipe but â€Å"it is hard to gauge how to sustainable it is. Typically you see a few good weeks on any promotion, but this is such a different thing (Morgan, 2010). †This approach should prove to be a successful market campaign but time will tell. Pizza hut has elected to go with more of a traditional approach focused on price competition, with a â€Å"$10 any way you want it(Morgan, 2010)† promotion. This shows their ability to at least acknowledge the market in that with a weaker economy customer want more the buck but in long term our ability to take time now to focus more on taste and excitement surrounding our company is a long term solution. Competing with price is fairly easy to implement but recipes take time and focus more on were a company want to go. Papa johns have also got caught up in this price war with pizza hut. Offering same price comparisons similar to what pizza hut offers. Frozen Pizza In comparing ourselves with the frozen food industry which I feel we should consider a competitor, I have noticed a market that is quickly being dominated by a company Nestles(PK) who I think could soon be considered a serious competitor. By recognizing this threat now we can jump ahead of our traditional competition by entering into the market. Nestles add such brands as DiGiorno, Tombstone and California pizza kitchen when they recently acquisitioned Kraft(KFT) . They now own more than 50% of the frozen pizza market.â€Å"this is more than there twice the share of their next major frozen pizza competitor Schans foods, maker of red baron, tony’s and freshmetta brands, who slightly hold less than 25% share of the category(Shea, 2010). † When analyzing and looking at the total sales generated in the 52 week ending august 9th, 2010 the brand digiorno generated sales of $591,262,700 and for the week ending may 17th,2009 generated $534,356,200. The following charts are referenced from (â€Å"Pizza sales 2009,† 2010) Top 10 Frozen Pizza Brands (for the 52 weeks ending August 9, 2010) DiGiorno| $591,262,700|. Tombstone| $270,412,700| Red Baron| $256,308,000| California Pizza Kitchen| $175,750,800| Totino’s Party Pizza| $152,630,700| Top 10 Brands of Frozen Pizza (for the 52 weeks ending May 17, 2009) Brand Name| Dollar Sales| Unit Sales| DiGiorno| $534,356,200| 100,464,200| Tombstone| $254,147,400| 69,809,980| Red Baron| $245,141,600| 62,940,960| California Pizza Kitchen| $175,838,600| 32,818,720| This shows that the frozen pizza industry is having a huge impact on our society today and they are demonstrating that they can achieve a significant growth of sales in a relatively short amount of time. Recommendations In researching out company and analyzing our success to date, and the current market conditions, I see a great opportunity for us to consider entry into the frozen pizza market and not only offer frozen but offer unfrozen daily made fresh pizza’s as well. This will allow the consumer to take our pizza home and get the oven freshness that we can offer without delivery as well. This not only will complement our ramped up recipe but will take less time to cook when a customer is not interested in delivery but rather take advantage of the convenience of cooking it themselves. Unfrozen pizza and made daily with fresh toppings will be a great advertising campaign as well. â€Å"the frozen pizza market continues to perform well as consumers continue to seek value and convenience and are trading down from delivery and restaurant pizza companies(Shea, 2010)† to include us and our competitors. For us to assume that this market doesn’t affect us may be a big mistake on our part. I have seen no reason why we couldn’t penetrate that market effectively, especially with our brand recognition. So far we have done a great job at anticipating the market the knowing when to make changes and adapt or market to make successful changes that keep us on top of the market. We obviously understand our ability to adapt to change and get into other markets rather easily. From hot wings to now hot oven sandwiches our implementations are rather efficient and are easily transitioned to our stores. I have explained that the market is very intense and failure for us to expand into other parts that affect our industry may be a big mistake. I also think that we can take advantage of reducing our prices as well. There is no reason why we cannot bundle our advertisement campaigns together and run them consecutively. Competing with pizza huts price not only may regain customers but also gives customer that otherwise shop for the cheapest delivery service a chance to taste our new pizza. With the time and effort we have put in the new taste of our pizza, I feel that we need to not only get the word out though commercials but through word of mouth as well being not only competitive with taste but price will be our another one of our tools to success. Citations. Facts. (2010). Retrieved from http://www. pizzaware. com/facts. htm http://www. dominosbiz. com/Biz-Public-EN/Site+Content/Secondary/About+Dominos/Diversity/ Inside domino’s. (2008). Retrieved from http://www. dominospizza. co. nz/corporate/inside/visionmission. aspx Our Heritage. (2008). Retrieved from http://www. dominos. com/Public-EN/Site%2BContent/Secondary/Inside%2BDominos/Ou r%2BHeritage/ W dot-com bubble. (2010). Wikipedia, the free encyclopedia. Retrieved (2010, May 31) from http://en. wikipedia. org/wiki/Dot-com_bubble Reuters, T. (2010). Domino’s pizza inc. marketwatch, Retrieved from http://www. marketwatch. com/investing/stock/dpz/profile S&p focus stock of the week. (2009). S&P The Outlook, Retrieved from http://www. spoutlookonline. com/NASApp/NetAdvantage/FocusStockOfTheWeek. do? &context=Company&docId=15485805 Domino’s pizza announces first quarter 2010 financial results. (2010, may 04). Retrieved from http://finance. yahoo. com/news/Dominos-Pizza-Announces-First-prnews-3155025210. html? x=0&. v=1 burkitt, l. (2009, Dec 22). Domino’s launches massive $75 million ad blitz. Forbes.com, Retrieved from http://www. forbes. com/2009/12/21/dominos-pizza-recipe-ad-campaign-cmo-network-dominos. html Veenendaal , P, & York, e. (2010). After Tumultuous year, new domino. Advertising Age, Retrieved from http://adage. com/article? article_id=141334 Bamford, Charles, West, Page, & Reviews, Cram101. (2009). Outlines & highlights for strategic management. Academic Internet Pub Inc. Morgan, s. (2010, April 12). The Pizza portfolio. Smartmoney, Retrieved from http://www. smartmoney. com/investing/stocks/the-pizza-portfolio/? cid=1186 Shea, R.(2010, April 12). Nestle: the new 800 pound gorilla in frozen foods. Seeking Alpha, Retrieved from http://seekingalpha. com/article/207736-nestle-the-new-800-pound-gorilla-in-fr ozen-foods Pizza sales 2009. (2010, Feb 18). Retrieved from https://www. aibonline. org/resources/statistics/2009pizza. htm Domino’s pizza extends its menu. (2008, 2009 09). Retrieved from http://www. franchisekey. com/us/franchise-news/Domino-s-Pizza-extends-its-menu-. htm. Bloomburg business week. (2010, may 31). domino’s pizza inc 10-k , Retrieved from http://investing. businessweek.com/research/stocks/financials/secfilings. asp? ticker=DPZ:US United states securities and exchange commission washington, d. c. 20549 form 10-k. (2010). [Commission File Number 001-32242]. (web), Retrieved from http://investing. businessweek. com/research/stocks/financials/drawFiling. asp? docKey=136-000119312510045334-2CPIO5V2KAG3763AONFHFPD3VN&docFormat=HTM&formType=10-K Domino’s pizza revenue up 18. 4 per cent. (2010, may 06). New Statesman, Retrieved from http://www. newstatesman. com/business-food-and-drink/2010/05/quarter-store-international.

Saturday, September 14, 2019

Morris Kent Jr. vs. the United States Essay

At the age of 14 years in 1959 he was reported to have committed several offenses on housebreakings and attempted purse snatching. He was placed under probation on his mother’s care with corresponding social services. At the age of 16 in 1961 he was reported to have committed housebreaking, stealing the house owner’s wallet, and raping her. After which he admitted committing several offenses of the same manner. The waiver Kent’s mother, a lawyer, and a case worker from the juvenile court filed a petition to consider waiving the case while he was placed at the District of Columbia Receiving Home for children for a week. The trial and verdict He was convicted to six counts on housebreaking and robbery but was acquitted on two rape counts by reason of insanity. The appeal Objections to fingerprinting proceeding, absence to notification of parents, and courts denial to the access on his social services file. Petitioner also questioned the validity of the one week detainment at the District of Columbia which if an adult is already considered unlawful. The validity of the waiver which denies the petitioner the benefits of the juvenile courts parens patriae capacity (Howell 1998). Schall vs Martin The history At the age of 14 in Dec. 13, 1977 Gregory Martin was arrested with first degree robbery, second degree assault, and criminal possession of a weapon. Martin with two others allegedly hit a youth on the head with a loaded gun. They then stole the victim’s jacket and sneakers. The procedure Martin evidenced of lack of supervision was based on possession of a loaded weapon, lateness of the hour, and false information on his address given to the police. He was detained for a total of fifteen days between the initial appearance and the completion of the fact finding. The trial and verdict Martin was found guilty on robbery and criminal possession charges. Since he was adjudicated as delinquent, he was placed on two years probation. The appeal Objections were made on the pretrial detention of juveniles implying greater abuses of law and power. Re Gault, re Winship, Mckeiver vs the State of Pennsylvania The cases Winship was a twelve year old boy in 1970 who entered into a locker and stole $112. 00 from a woman’s pocketbook. He was ordered placed in a training school for an initial period of 18 months subject to annual extensions from the basis of preponderance of the evidence. Gault was 15 years old in 1967 when taken into custody as a result of a complaint that he had made lewd telephone calls. He was ordered to perform as a juvenile delinquent until he should reach maturity at the State Industrial School. Mckeiver was charged together with a group of 11 to 15 years with various acts of misdemeanors which arose from several demonstrations protesting school assignments and a school consolidation plan. The public was excluded from the hearing for major reason that the juvenile proceeding might make the trial into a fully adversary process. Each member of the juvenile group was considered a delinquent while placing each of them under probation. Analysis and recommendations The Juvenile Justice Services Administration is responsible for the effective administration of the juvenile justice programs for delinquent and incorrigible youths which is being done in coordination with the juvenile courts. The identification of the needs of children facing delinquency leads to the invention and creation of the juvenile courts to go easy on young criminals. The rapid increased of juvenile crime and young people identified as at risk has created a furor on shocking juvenile crime statistics which resulted to a public outcry on the need for change in the management of young offenders in all of US states nationwide. This practically litigated some offenders in adult criminal courts. The argument details on young children who had committed violent crimes like assault, rape, murder and armed robbery which are often adjudicated in the same court as non violent offenders charged with shoplifting, burglary, and petty theft to drug offenses. The growing disillusionment of the therapeutic and ineffective approach of the juvenile justice system has resulted to appeals for a modification of its due process to transfer young offenders to adult courts and prisons. It has been the present society’s desire to oppose rehabilitation and effect punishment. They firmly believed that the framework of the juvenile justice system has permitted young offenders to avoid accountability which led to its nonadversarial, decriminalized process where violent offenders were never separated and categorized according to the severity of their crimes. The court subsequently measures to provide guidance and rehabilitation of the child and protection for society not to fix criminal responsibility, guilt and punishment according to their parens patriae capacity. It seems that US is now caught up with its own policy which seems to produce a rapid increase of juvenile offenders who are not amenable to rehabilitation who acts as criminals who happens to be children. The courts are now dealing on the crossroads of empowering themselves to consider amenability between children who err and those children who commits an isolated criminal offense against the mandates of the juvenile justice court system. There is a marked dependency issues within the jurisdiction of the court and for young offenders otherwise involved in the judicial system. The system which serves to pose as an integral part of the national development process to protect the young and maintain peaceful order in the system has created chaos because of its policy and practice of informal justice for issues of social control. Most common practice is the treatment of every youth who violates the law is not labeled as a juvenile delinquent unless they were officially processed through the juvenile courts and officially adjudicated. But how can they be properly processed if at the start police interventions are already placing lax policies at stake? Is it a matter of policy makers and policies implementation? Or is it a matter of family emotional and authority interconnections that created the young person as he is today? The purposes and procedures of juvenile courts have become immerse on public reactions reflecting opinions on the system. To protect the rights of the young offenders, there must be a classification on matters of the crime that was committed. It is necessary to redesign a new youth justice system before it does more public harm. Young offenders caught in the web of the existing criminal justice system shall be classified according to the severity of the crime that was committed through individualized assessment and proactive case management. There shall be a diverse menu of options where the institution shall be created solely for the young offenders. This is the day that the court will treat crime as a crime regardless of the offender’s age and the appropriate time that young offenders will hold accountability and experience the consequences of their acts. Young people who violate the law are no longer guaranteed special treatment simply because they are young but must be disciplined according to the severity of the violations they had committed on separate juvenile institutions. The separate institution is still a form of special treatment where the facilities and the education and training of the young offenders are to be thoroughly studied. Amidst the severity of the crime, young offenders will still continue to be cognitively, emotionally and socially different from adults. Therefore the separation and the creation of a unique institution for them where they shall attend training and education inside and still receive diplomas for their education continues to serve them as citizens and young offenders. There must be a mother image or model assigned to a particular group of five or six children who will monitor their personal needs and really pose as a parent to them. Screening for the recruitment of mothers on this process must be very thorough and well maintained. When we say that young people are vulnerable to negative influences, we can justify the mother or parent issue by the model parent who constantly monitors and cares for them and teaches them basic family values that may be more than what their biological parents could give largely dependent on the nature and characteristics of the model parent screening recruitment process. Why not try hiring Asians? Maybe a change of culture introduction will work for these offenders. When you are out of ideas on how to control them, we might as well try other cultures to experiment the effect. We might as well try blending policies and practices on the care management of these juvenile delinquents. There shall be no lapses over the rights of the child being tried in an adult court regardless of age on the basis of the severity of the crime because the institution to where he goes is not a mix adult one but a newly created institution that caters juvenile criminals for this matter. No fear of any adverse effect on social issues and negative adult influences because they interact with people of the same violent crimes and same age bracket. Or to modify court proceedings, since we already have classifications on the severity of offenses then it can move to create law appropriate for these juveniles who were criminally charged. However, the trials shall be done under and within the umbrella of the juvenile justice system with no act of favoritism on matters of age. So waivers on matters of jurisdiction may not pose a threat to committing mistakes on putting the child into the adult institution. The issue here is the willingness of the State to provide such juvenile penitentiary. The cost and the budget appropriations will more or less equal to the budget on their drug abuse intervention offers. But if young offenders will be criminally hold accountable for their offenses then they will absolutely stop and start to manage their baby instincts which results from baby court policies and treatment of their offenses and age. The court is not justifying the act but is more on protecting the age which contributes to these young people’s confidence in passing time making crimes and getting away with it because they are young which is very unreasonable and not applicable either in the family system more on the justice court system. The issue that serves to balance the recommendation is the factors that made this young delinquents abused their rights. Maybe there were too many rights given to them that the court cannot invade to create justice for the victims in that system anymore. They have made a perfect firewall on their policies that even them cannot manage to hack their own system to change. There shall be a modification with the justice system classification on young people’s offenses and put them right back on their tracks without getting their rights off. For once in their lives they should know the harm and damage they had done to their victims and make them pay for it in their unique form of institution. It is a matter of psychological warfare with these young people. The psychological warfare of which is already in their own advantage because of the juvenile justice system policies and practices. We love our children but we need to rear them right. Love does not only mean making them babies in treatment and in policies, they also need a little spanking when they err to understand the severity of their act. Love means caring for their needs but still punishing them when they do things that poses harm to themselves, harm to their families and harm to the society. We have to stop the notion of making them think that what they are doing is still acceptable because of the governing family policies and juvenile justice system methods of treatment and rehabilitation. It is a matter of breaking their confidence now that they were made indestructible in court because of their age. The idea is to make them realize what they have done is immaterial to age but a direct violation of love and God. The institution will serve them right because they are properly taken cared of depending on the administration. Since national policy has been taking children out of their families because they don’t trust parents to be effective anymore, which is due to their policy also, then putting then in a juvenile institution consisting of a large land, mother models, equip with schools for education and training when they err will put them in their places without taking out their right. It is a midway and the last recourse for these children. There will be no fear on part of the parents and no fear on part of the justice system. The kids now will serve their time studying and learning skills to get a life after serving their sentences. Some grave offenses will require them to work within the institution as part of the training like foundry or what Don Bosconian students are doing. If you don’t want to work and get trained 8 hours a day, then don’t commit grave offenses. Just be a youth and live how a youth is supposed to live. It is a matter now of choice for these juvenile offenders. The knowledge itself that they have an institution to go won’t make them go easy on their impulse acts and imaginations. It is like the idea of over feeding the child which makes him obese, overprotective policy will make him a criminal because nobody can touch him. It seems that the idea lies on the thought that the victim will fear more of being killed and raped by a juvenile offender because no justice can be absolutely derived from it. How can a nation maintain peace and order then when it disrupts respect for law and of the rights of the victim in the first place? We want to see the situation objectively. Reversing orders by judges is just not applicable but modifications on the juvenile justice system are what we have to look into deeply. It is time for a change and that change shall start now before certain events will turn to future abolition of the ineffective juvenile justice system. We just have to look at the flow chart and analyze the policies and procedures involved in each processes. The theme is objective analysis and not favors. The only thing that will hold them from waivers and transfers to adult courts are the negative consequences of adult institutions for their age and shall not be based on their ages. Figure 1. Juvenile justice flow chart (Arizona 2006) References Arizona Supreme Court. (2006). Juvenile justice flow chart. Retrieved May 19, 2007 Website: http://www. supreme. state. az. us/jjsd/jolts/FlowChart. htm Howell, J. C. (1998, January). NCCD’s Survey of Juvenile Detention and Correctional Facilities. Crime & Delinquency. Retrieved May 19, 2007 Website: http://law. jrank. org/pages/12936/Kent-v-United-States. html