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Advice on company law - Free Essay Example

Structure: Analysis, Legal rules and Application Introduction and General Analysis Peter, Alan, Sarah and Paul are the four directors and shareholders of East Ltd. The majority shareholder is John. Paul is both the companys managing director and chairman. The companys articles of association are based on Table A. Paul was approached by West Ltd, which was interested in purchasing a piece of vacant land belonging to East. At a board meeting, Paul told the fellow directors that as the planning permission was unlikely to be granted whether East Limited was prepared to sell the land to West. The land was sold to West, for  £1.5 m. On completion of the sale, Paul received a bonus of  £50,000 from West, for which he informed Alan and Sarah. Last month, West asked Paul if he would like to purchase shares in West. As Wests share price had recently increased in value, Paul decided to invest  £15,000 of his money in West shares. John has discovered that (i) the land sold by East to West has been developed by West and sold for  £6m and (ii) Pauls shares in West have doubled in value. Advise John as to what action, if any, he can take on the companys behalf. The companys annual general meeting is due to be held n ext month 1. Was the behaviour of Paul prejudicial to other directors and shareholder? 2. Can Paul take the bonus which resulted out of the transaction? 3. Is the fiduciary duty of Paul as a director in conflict with his personal interest? 4. Does he need consent from the company to take the shares in West Ltd? 5. Secret profit by Paul and consequent accountability 6. Remedies available for majority shareholder Application Under the new proposals for à ¢Ã¢â€š ¬Ã…“Modernising Company Lawà ¢Ã¢â€š ¬Ã‚  white paper which contains important proposals with regard to a contract which a company itself is unable to accept due to the lack of resources for example, then a director may be able to take that contract personally for his own benefit. This allows directors to make full use of information, property etc which belong to the company for their own benefit without the consent of the shareholders and members provided that they obtain the authorisation from the Board of Directors to do so. The important difference here which must be noted is, in the case of private companies, the board of directors will have such powers as to authorise a director to exploit a corporate opportunity like that unless it has been expressly denied in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution. On the other hand, in the case of Public limited companies, the board of directors will not have such powers bestowed upon them as they need authorisation from the shareholders first unless a specific provision to authorise such transaction has been made in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution. In this scenario, Paul has notified the Board about East Limitedà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest in buying the land and the Board, although based on his instructions regarding planning permission they have agreed to sell the land to West Limited. In à ¢Ã¢â€š ¬Ã…“CMS Dolphin Ltd v Simonet[1] it was held by Lawrence Collins J that a director was liable for breach of fidu ciary duty in diverting a business opportunity from his company although the director in question had left the company. However, even after leaving the company a directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s fiduciary duties continue and therefore he may not divert business opportunities from the company or misuse information while he was acting as a director of his previous company. In this particular case the director took all the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s staff and its main clients with him and set up in business on his ownà ¢Ã¢â€š ¬Ã‚ . In Smith Stone and Knight Ltd (à ¢Ã¢â€š ¬Ã…“SSKà ¢Ã¢â€š ¬Ã‚ ) v Birmingham Corporationà ¢Ã¢â€š ¬Ã‚  (BCà ¢Ã¢â€š ¬Ã‚ )[2] a subsidiary owned by SSK carried out business activities from a piece of land owed by SSK. A compulsory purchase order was issued by BC. Compensation for loss of business was to be paid to the company and its owner. However, the subsidiary company did not own the land and so BC refused to pay any compensation. It was held that th e subsidiary company was an agent of SSK and therefore BC must pay compensation. Directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Fiduciary Duties A director has a duty towards a variety of people who are interested in the Company such as to the company itself, to its employees, to the shareholders and to its creditors. Under the Common law a director is expected to manage the company in accordance with the Companies Act and its constitution and to exercise reasonable skill and care. A director is also expected to act bona fide in the best interest of the company. This then follows that a director is expected to avoid conflict of interest with the company and must not make any secret profit by disclosing any interest in the contract company or whether he/she is likely to be involved and any profit or financial benefit he receives from it.[3] A director is also expected to use his powers for a proper purpose. Paul as a director of the company is in a fiduciary position and therefore must not mak e an undisclosed profit using his position as a director. He was only approached by East Limited because of his position as a director of the company. He must disclose this to the other directors, Peter, Alan, Sarah. The fact that West Limited was unable to purchase the land because Paul told the Board of Directors that the planning permission would not be granted and therefore could not obtain the benefit from developing that land, depends upon whether Paul had knowledge of East Limitedà ¢Ã¢â€š ¬Ã¢â€ž ¢s intentions to develop the land. It would have been better to obtain consent from the company in a General meeting to take that contract and keep the profits before actually taking the contract. It is a well established principle that there should not be a conflict between their fiduciary duties and their personal interest and they must not use the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s assets, opportunities or information without obtaining consent from the company based on full information . Furthermore, Paul would have to account for  £50,000 he received on completion of the sale of that land to the company. In Boston Deep Sea Fishing Co v Ansell[4] A was one of the directors of B Co and was paid a commission on the contract by the shipbuilders. A was also a shareholder of an Ice company who was supplying ice to the B Co. A received a bonus when he employed Ice Company in respect of B Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s fishing smacks. It was held that A must account to B Co for the commission and the bonus he received although B Co could not have received any bonus from the Ice company as it was not a shareholder in that company. Generally if there is a conflict between a directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal interest or his duty to another then the court will intervene to set aside the transaction without inquiring whether there was any breach of the directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to the company which is an over-riding principle of equity[5] Therefore, Alan and Sarah may prevent him from taking and keeping the  £50,000 he received as a bonus on completion of the sale of the land, stating that there is a conflict of interest[6] and that this must be recorded in the minutes in detail so that there is no suspicion of secret dealings. On the other hand, they could approve his bonus payment as well as his purchase of East Limitedà ¢Ã¢â€š ¬Ã¢â€ž ¢s shares when they contacted him as he is unlikely to be classed as just another investor, by East Limited in the Annual General Meeting. According to Profession Gower[7] when a director makes a contract with another business in his own personal capacity [8] he would have to account for the profit he makes out of any such contract. Paul was contacted by East due to his position as a director in West and therefore he was able to buy shares in East. It would be difficult for him to argue that he invested  £15,000 of his own money as a private investor mainly because East is not a PLC and therefore its shares are not available for the public and being a limited company its shares are only marketed privately. Therefore any profit he makes out of those shares he will have to account for it. Advice and Remedies i) It is possible to ratify unauthorised transaction by passing an ordinary resolution at a General Meeting and it cannot be just by the Board of Directors[9]. In order to avoid the injustice due to the absolutist nature of fiduciary duties Paul may seek relief from the court if the court believes that he had acted honestly and reasonably. With regards to his bonus of  £50,000 which he told two of the directors about, this establishes that he has acted honestly and reasonably however it would not be the case with regards to his purchase of shares in East. John as a majority shareholder can motion for the removal of Paul as a director of the Company. Any director can be removed from their office by an ordinary resolution of the members.[10] Theref ore, in order to remove Paul as a director of the company a resolution in general meeting with a simple majority is needed and this applies notwithstanding the contrary provisions in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Articles. The procedure for removal of a director is set in section 303 of the Act, which provides for an ordinary resolution, that is, by majority of votes in the general meeting a director can be removed from his or her office. However, if the directors are the major shareholders then the minority shareholders have very limited rights to object the way the majority directors are running the affairs of the company. If the director is removed from the office it terminates any service contract it may have with the company. The amount of damages the director may be able to claim usually depends up on the remuneration package under his contract with the company. Bibliography and References 1. Business Law and Practice by Scott Slorach Jason Ellis published by Blackston e press. 2. Business Law by Stephen Judge, second edition published by Macmillan law masters. 3. Company Law, by Charles worth Morse 16th Edition published by Thomson, Sweet Maxwell. 4. Gower Daviesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Principles of Modern Company Law 7th Edition, by Paul L Davies published by Thomson, Sweet Maxwell 5. www. Nortonrose.com/articles 6. Department of Trade Industry web site: Modernising Company law White paper 7. Company Law by Janet Dine, Macmillan Law Masters, and third edition 8. Lifting the Corporate Veil by Neil Chandler www.exchangechambers.co.uk 9. Penningtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Company Law, 8th edition published by Buttersworths 1 Footnotes [1] 2002 BCC 600; [2001] 2 B C L C 704 Ch D Gower and Daviesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Principles of Modern Company Law, 7th Edition, page 422 [2] [1939] 4 All ER 116, Gower and Daviesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Principles of Modern Company Law, 7th Edition, page 182 [3] Section 317, 320 and 330 of the Companies Act 1985. [4] 1888 ch D 339 CA, Company Law, by Charles worth Morse page 275-276 [5] Vinelott J, Movitex Ltd v Bulfield (1988) page 183 Company Law by Douglas smith. [6] Section 317 Companies Act 1985 [7] page 184 Company Law by Douglas smith [8] Aberdeen Railway co v Blaikie Bros (1874) Company Law by Douglas smith page 184 [9] Hogg v Cramphorn (1967) Company Law by Douglas smith page 187 [10] Section 303 Companies Act 1985:

Unmanned Military Weapons Systems and the Future of...

The art of war is simple...kill your enemy, destroy their resources, and eliminate their ability to wage war against you and your interests. How we accomplish those goals and objectives is more complex and difficult due to political, logistical, and moral complications. In today’s day and age, with the emergence of communications technology, the social stigmatism countries face when innocent non-combatants are killed or injured weighs negatively on the country’s ability to wage war in a very important area of successful warfare, the psychological aspect. The ability to project armaments on intended targets with minimal collateral human and unintended material damage is critical to winning the hearts and minds of the average person. The†¦show more content†¦The ability of global positioning systems allowed military operators to pinpoint impact points with accuracy within yards of their targets, greatly minimizing the risk of collateral damage and inflicting undo harm on innocent civilians. Projectiles have been around for many years, from the early days of the catapult to our present day long-range missiles. Although â€Å"pilotless drones† were developed for target practice after World War I, when we think of unmanned military weapons systems, it is easy to correlate them with the missiles and bombs most of us are familiar with. However, one main difference is that missiles and bombs are the actual detonating device whereas an unmanned system can deliver the payload and return to base intact, ready to reuse again. These systems are more in-kind with an airplane that delivers munitions, with the major difference being airplanes are limited in flight not only by fuel, in absence of in air re-fueling, but the pilot’s aeronautical ability and physiological limitation. This comes into play from a political and psychological perspective when pilots and/or crews are killed or captured as we discovered during Operation Restore Hope, the Battle of Mogadishu i n 1993 that left 18 dead and 84-wounded (PBS) and the loss of Navy Pilot, Captain Scott Speicher in 1991 during the Persian Gulf War. Capturing pilots have been used as psychological warfare decreasing theShow MoreRelatedUnmanned Military Weapons Systems And Future Of Warfare1928 Words   |  8 PagesUNMANNED MILITARY WEAPONS SYSTEMS AND FUTURE OF WARFARE INTRODUCTION 1. Unmanned Military Weapons Systems are expected to become the climax of new generation military and counter terrorism operations. An unmanned system or a robot is a machine that is fully or partly controlled by a computer or through an independent Artificial Intelligence or remotely controlled by human operators. 2. Whether remotely controlled or autonomous, it offers many advantages, most significantly by saving human soldiersRead MoreWhat Is the Difference Between the Battlefield and the Battlespace, and How Will This Difference Shape Conflict in the 21st Century?1649 Words   |  7 PagesIntroduction Technology is changing conflict, not only by improving the tools used in conflict but the spaces conflicts are held. Conflicts are moving from the traditional â€Å"field† of battle, in which two opposing militaries faced each other and charged, to long range missiles, urban warfare and cyber warfare. This paper will explain the differences between â€Å"battlefield† and â€Å"battlespace† and explain how these differences will expand and change the way the world views and deals with conflict in the 21st centuryRead MoreStrategic Direction On The United States1647 Words   |  7 Pagesdirection has prompted a shift of military resources to the Asia-Pacific. Globalization, cyber-attacks and advances in technology will further challenge the Joint Forces in the next ten years. It is imperative that the U.S. Joint Forces be adequately funded in order to identify and develop critical technology, establish policies and maintain adequate force structure to rebalance the Joint Force in 2025. 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The U.S. Joint For ces must identify and develop critical technology now in order to overcome future challenges risk in 2025. Diminishing resources and lack of predictability within the military budget process will introduce significant strategic, military and political risk . WhileRead MoreTechnology Is The Weapon Of Choice2005 Words   |  9 Pagesreason. In 2700 BC Mesopotamia, the armies of Sumer and Elam went to war. During this first recorded conflict, the bow was the weapon of choice. Over the next 4,700 years, the character of war has changed dramatically with the introduction of new technologies such as iron, steel, and gunpowder. Today the Unmanned Aerial Vehicles (UAV) is the weapon of choice. For the U.S. military, the use of UAV technology accelerated in the 1990’s and continued through the past 14 years of sustained conflict. In 2002Read MoreU.s. Senate Armed Services Committee1399 Words   |  6 Pagesinto critical U.S. weapons and navigation systems. The U.S. Senate Armed Ser vices Committee released a report that states that â€Å"On 1,800 separate occasions, the U.S. military or contractors have purchased electronics materials for defense systems that were either fake or poorly recycled,† and that â€Å"in some cases, defective chips made their way into critical U.S. weapons and navigation systems† (Sexton 2). Also, in 2005, there were 3,868 faulty incidents detected in the military, compared with 9,356Read MoreStrategic Direction And Global Security Essay1618 Words   |  7 Pagesenvironment these capabilities are necessary. Satellites and cyber technology will be part of the design of the GSS system. The U.S. military will be able to strike quickly and remain engaged for increased periods while additional forces move to the area of concern using the GSS system. Increased Navy and Air investments in submarines, ships, aircraft, unmanned aerial vehicles (UAV’s) and unmanned underwater vehicles (UUV’s) is critical. 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Why Is Play with Siblings and Peers Important free essay sample

Throughout history there is evidence of children playing, although the content of play differs across time and space. Puritans disproved of play regarding it as frivolous. In contrast Locke (1632-1704) highlighted its importance believing that if learning was recreational children would develop a desire to be taught. Rousseau (1712-1778) believed teaching through play and learning from peers was more valuable than classroom learning. From an early age many children spend a significant amount of time playing and interacting with siblings and peers. These interactions offer important contexts for development of social understanding.Researchers, such as Harris (1998) and Pinker (2002), argue that parental influence has been exaggerated, as it is primarily the peer group that influences socialization. There are distinct differences in children’s relationships with adults than those with siblings/peers; they differ considerably in terms of behaviour patterns demonstrated and the balance of knowledge and power. Adults play a powerful role in defining children’s experiences these interactions are distinguished by the complementarity of roles an d ‘†¦provide children with security and protection and enable them to gain knowledge and acquire skills’ (Schaffer, 2003, p. 13). Peer interactions are reciprocal rather than complementary characterised as being between individuals with similar knowledge and social power involving co-operation and competition. Sibling relationships differ from others and can be particularly intense. The knowledge and power difference is not extreme and siblings sometimes play and communicate on the same level. Dunn and Kendrick (1982) researched pretend play with siblings exploring the idea that elder siblings act as teacher.They identified that younger siblings followed the role-play instructions set by their elder sibling enabling their contribution to the play and enhancing their social skills. Schaffer (1996) supports this view believing sibling relationships can be powerful for influencing development of key social skills ‘on the one hand the older child can act as teacher, guide, and model to the younger; on the other hand, however, both children share interest and competence to a sufficient degree to tackle j ointly the task of social understanding’ (Schaffer, 1996, p. 13). Therefore the nature and features of peer and sibling relationships provide different dimensions to interactions that are potentially powerful for influencing development. To identify the social skills required for peer interaction it is useful to consider Blatchford et al (1990) who undertook a longitudinal study of children’s interactions and play perspectives on the playground. They used self-report data, individually interviewing children at the age of 7, 11 and 16.Blatchford concluded that children have a defined playground culture, which excludes adults and contains features of fighting, racist and sexist teasing. Whitney and Smith (1993), claim that the incidence of bullying and aggression within playground culture is sufficiently widespread to cause serious concern (The Open University, 2005, p. 106). Blatchford argued that these features require children to develop sophisticated social understandings and skills in order to regulate their time without adults (The Open University, 2005, p. 105).Another issue relevant to this debate is that of Smith et al (1999). Who studied ‘play fighting’ and highlighted the fine line between ‘play fighting’ and real fighting. Smith claims that a crucial indication of play is the presence of laughter. Supporting Blatchford’s theory Smith claimed peer cultures set the emotional tone of interactions, acceptable boundaries and ground rules. And suggested that even negative experiences such as dealing with aggression can be useful preparation for adult life (The Open University, 2005, p103). Blatchford’s study is effective because of the methodology used: longitudinal studies allow the same children to be studied over a long period of time; this ensures differences found are not due to individual child differences. Researchers can also investigate if behaviours remain stable over time. One disadvantage can be participant attrition (although this was minimal in this study). This may affect reliability as the remaining sample may be biased in some way. Blatchford’s study is complemented by Pellegrini (2003) who studied the social interaction skills involved in ‘rough and tumble’ play (RT).Like Blatchford, Pellegrini used; observations of play episodes and self-report techniques. The research highlighted the issue of dominance and aggression and that playful interactions change with age. For example: juveniles ‘RT’ play is not related to aggression however, for adolescents males it is related to physical aggression and establishes peer status (Pellegrini, 2003, p. 1522). Playful interactions for children of the same age vary for different groups for example; boys engage with other boys using dominance related to aggression, girls however see it as playful.Further support for this theory can be taken from the work of Dunn (2004) who claims that the skills practiced and acquired in ‘RT’ play during childhood, are utilized in other forms of reciprocal interaction, such as cooperative games, during adolescence. The research method used by Pellegrini is effective because it used self-report data: actually asking children for their views and feelings. Bukowski (2005) argues that peer assessments are highly valid and efficient sources of information. Self-ratings provide unique measures of childrens evaluations of skills, affective states, and exp eriences, as well as their impressions and representations of events and of other people’ (Bukowski, 2005, p. 1). Another issue relevant to the importance of play with peers is the use of language. Fein (1984, pp. 136-7) studied peer interaction: analysing children’s dialogue. His transcription of two boys aged 3 years engaged in fantasy play demonstrates the children engaged in negotiation, tension and avoidance of conflict.It identifies the children switching from one level of representation and mode of communication to another. Goncu (1998) describes the distinction in children’s use of communication within play and communication about play: known as metacommunication. ‘†¦Used effectively, this metacommunication conveys a desire to have fun by playing with representations’ (Goncu, 1998, p. 123-4). Fein used discourse analysis involving a systematic analysis of the children’s spoken word to understand their use of speech. Strength of this technique is that it identified the children’s different levels of communication.A limitation is that it only documents part of the activity; for example it does not convey emotional expressions. Another issue to consider is transcriber bias; Fein may have paid attention to particular aspects of talk within his interest, thus resulting in a selective interpretation ‘transcription is a selective process reflecting theoretical goals and definitions’ (Ochs, 1979, p. 44). The approach does not follow the same principles as traditional scientific approaches and therefore it can be difficult to evaluate research validity (The Open University, 2006).Important contributions to the study of play stress the cognitive rather than biological benefits. Piaget (1986-1980) argued peer contact fosters ‘socio-cognitive conflict’; exposure to conflicting ideas forcing reconsideration of one’s own understanding. He emphasised the importance of symbolic representation and its contribution to socialisation. Vygotsky (1896-1934) believed that play provides opportunities to; use language to learn through role-playing and ‘self-regulating’ behaviour by following rules.He argued that contact with more able others were important for enabling learning beyond current capabilities to a new level of competence. Bruner (1915) stressed the role of play in language acquisition and problem solving. Some researchers claim pretend play features all of these skills. Dunn (2004) has conducted observational studies of children’s joint pretend play and claims that very young children are able to engage in pretend play with their siblings using skills of negotiating; shared meaning and rules. A marker of cognitive development is the development of ‘so-called executive function, i. . the child’s ability to regulate their own behaviour. Executive function is an important skill for resisting impulses, managing emotions and self-discipline’ (Dunn 2004, p. 19). Corsaro’s (1986) study of socio dramatic play and fantasy play complements Dunn’s theory. According to Corsaro, fantasy theme play has very important functions for exploring fears and developing coping strategies, which contributes to children developing interpersonal skills and coping strategies needed in later life. Dunn’s research does not account for gender/cultural differences.Stone (1981) suggests that socio-dramatic play is an ‘anticipatory socialisation’ devise (rehearsal for adulthood); and that evidence suggests in Westernised societies socio-dramatic play is more beneficial for girls (involving domestic themes more characteristic of girls). Stone claims boys are more likely than girls to act out thematic fantasies (Stone, 1981, p. 263). A description of a ‘Law Court’ game involving a group of boys in Malawi acting out their father’s behaviour, demonstrates that boys have the ability to engage in such play (The Open Uni versity, 2005, p. 18). A further study worthy of consideration is taken from ‘Zero to Hero’, which claims that ‘†¦people who are sociable are more likely to be smarter, richer and healthier’. However the documentary shows Calvin who was described as a loner and preferred his own company and despite his lack of social interaction when tested he demonstrated a good understanding of knowing that others think differently, a skill required for future relationships (The Open University, 2006). Play also requires cooperation and collaboration skills.Brownell and Carriger (1999, p. 208) researched this, conducting observations of peer’s aged 18, 24 and 30 months. Their research suggests that peers can collaborate, identify joint goals and alter their behaviour to achieve aims. Dunn (2005) claims; that skills developed in pretend play also feature in problem solving and formal situations such as; school. To demonstrate these viewpoints it is useful to consider the work of Vass (2004, p. 170). She transcribed the dialogue of two 8 year olds attempting to write a pretend story.In her analytic commentary Vass identifies the children engaged in differences of opinion and skills of challenging, reflecting, evaluating and resolving. ‘†¦there is evidence that the resolution of conflicting perspectives and the negotiation and joint development of ideas is important for learning and intellectual development’ (Littleton et al, 2004, p. 111). These studies can be questioned, as they do not account for gender differences. A commonly held assumption is that boy’s interactions are conflictual and girls are cooperative.Maccoby (1999) argues that there is evidence that girls do have disputes however, their discourse during conflicts are different than boys (Maccoby, 1999, p. 109). Sheldon (1992) describes these differences, ‘single-voiced discourse’ does not involve; negotiation, consideration of other views and conflict develops. This discourse is found more frequently in boy’s interactions. Girls frequently use ‘double voiced discourse’ involving negotiation and considering others wishes (Sheldon, 1992, p. 110). Evidence presented appears to demonstrate that play with siblings and peers is a powerful site for fostering social cognitive development.However this cannot be regarded as conclusive; the limitations in research require further consideration; most research of peer and sibling interactions is undertaken in Western industrialised settings. Different cultures hold their own values and beliefs affecting these relationships and interactions. Play can be a gendered experience. Current research focuses on understanding face-to-face interaction, however many children now regularly use technology to communicate. Children create their own culture and research must consider their views and knowledge.

Reflection to the Book Inside Rikers free essay sample

I could not help but notice a disturbing image of the book cover; it was an image of an inmate locked up in his cell; he had one hand holding the bar, while having the other hand out of the cell, with a cigarette in his hand. Then I read the Publisher Weekly’s description of the book in the cover page, which read, â€Å"a penetrating exploration of inmates’ lives in New York’s ‘vast penal colony’†¦ unusually stirring. Based on this image and Publisher Weekly’s description, I thought this book was going to talk about inmates’ involvement in criminal activities inside Rikers Island, i. e. fights between the prison gangs. Nevertheless, once I started reading, I came to realize my presumption was totally wrong. Prior to reading this book, I have been thinking that all criminals are just like any other â€Å"normal† persons in this world: they are smart people capable of making rational choices, and they, like â€Å"normal† people, have an equal opportunity to succeed, but they ended up being incarcerated because they made a â€Å"rational choice† to engage in criminal activities. We will write a custom essay sample on Reflection to the Book Inside Rikers or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Nevertheless, this book clearly and evidently proved to me how naive I had been. I did not take into account the factors, such as poor and devastated social environments in which criminals were born and raised, that leaves someone no other choice but to resort to criminal activities. Another thing I learned from this book is the importance of rehabilitation. In this reaction paper, I will discuss each of my reactions in depth. Family and Opportunity This book actually changed my perception about inmates and crimes. I came to realize how social factors (such as being raised under incapable and irresponsible guardians or having lack of opportunity) play a big factor when it comes to crime. Rico’s life, which left me heartbroken, clearly illustrated that to me. I thought it was devastating how he became alcoholic at the age of two due to his mother’s habit of mixing liquor in his baby bottles, supposedly to make him sleep or stop crying. He also started smoking weed by age eight, and his father did not stop him. As a matter of fact, his father’s idea of quality time with his son was â€Å"getting high on the weekends†. Moreover, his mother fled the country when he was thirteen. How can anyone be expected to live a successful, law-abiding life under these circumstances? (Wynn, pg. 15) As I was reading, I thought myself: if anyone, including myself, were raised in the environment in which Rico was raised, then no one probably would live a law-abiding life. Likewise, it left Rico no other choice but to enter the life of the criminals. I believe I had been really naive to think that people like Rico chose to get involved in the criminal industry simply because they were lazy or did not seek legitimate opportunity like every one else did Angel, like Rico, turned to criminal activities because of social factors. He simply lacked the opportunity to live a decent life. There was one thing he said that really moved my heart. He said he hated the fact that he was poor no matter how hard he worked; he could not even buy things that he wanted on TV, when others can buy it without any hesitation. As strain theorists would say, this frustration probably turned him to a conman (Wynn, pg. 8). If criminals like Rico and Angel had parents who sincerely took care of them, or who could actually provide the basic necessities for them, would they have ended up in Rikers Island? Probably not. Thus, I really felt bad for them and the circumstances under which they had to live. The importance of Rehabilitation To be honest, I did not believe in rehabilitation prior to reading this book. Instead, I was a big fan of crime control model; I believed that mass incarceration is the best form of punishment and deterrence. However, as L. Richards said, I came to realize that â€Å"one act of kindness will do more toward reforming a criminal than a thousand acts of cruelty and than all the punishment that you can inflict†. I believe rehabilitation programs such as Fresh Start are really great way to provide inmates with a true â€Å"fresh start†. For many inmates, it sparks a desire within them that led to a succession of accomplishments and I believe Carlos and Lenny are living proof that people can change and that good rehabilitation programs work (Wynn, pg. 150) For Carlos, he not only mastered word processing but also learned Quark, which was sophisticated publishing software. His newly acquired skills led him to create massive database for the newsletter company and designed an award-winning website. He also trained other Fresh Start graduates to resolve their issues. Thus, it is evident that the rehabilitation program turned him from a drug dealer to a decent web-designer (Wynn, pg. 151). Likewise, Lenny received a job in a telemarketing company, which not only gave him the sense of accomplishment, but also made him realize that he can earn money by engaging in legal activities. I also liked how he became an inspiring figure to other inmates enrolled in the Fresh Start program, by telling them about how he has overcome his hardships after he was released from Rikers Island. Thus, these living proofs made me realize how important rehabilitation is. We, as a society, are busy blaming criminals for the crimes they commit, but we do not spend much time trying to help them live a straight, legitimate life (Wynn, pg. 156). Nevertheless, there was one rehabilitation programs that I really oppose: it’s the Key Extended Entry Program (KEEP), which allows addicts to receive methadone throughout their period of incarceration, which averages forty-five days but an be up to a year or even eighteen months. As mentioned in Anthony’s article â€Å"Rikers Highland,† some inmates leave jails with a worse drug habit than they came in with (Wynn, pg. 174). Conclusion Overall, this book changed my perception of inmates and the rehabilitation program. The inmate’s lives (especially the life of Rico) not only saddened me, it also made me feel that, based on their environment in which they were raised, they had no other choice but to become criminals, as if it were their destiny. I just hope more and more inmates take advantage of the rehabilitation program like â€Å"Fresh Start† to live a legitimate life after release.