Research Topics: Dissertation Proposal Writing

To what extent do WTO trade regulations promote Less Developed Countriesâ€™ economic development (and reduce poverty)?—â€” A critical evaluation of the effectiveness of WTO trade regulations

LLM International Commercial Law Dissertation Proposal (September Intake) Name: Dissertation Topic: To what extent do WTO trade regulations promote Less Developed Countries’ economic development (and reduce poverty)? —    A critical evaluation of the effectiveness of WTO trade regulations   I chose this topic due to a variety of reasons. First, I have come from an economic background before I joined the LLM ICM course. I would like to use my knowledge of economics to help with the understanding of laws. This topic requires some degrees of understanding of economic concepts and it will be an interesting and constructive research that combines law and economics together.  It is also a fresh idea to determine whether a piece of legislation is efficient with economic principles.   Second, I come from China, which is a LDC, and I am interested in the economic development of the LDCs in recent years under the promotion of WTO. However, there is an uneven trend of growth across different countries, and I would like to explore the reasons behind such phenomenon.   Third, this topic has real life implications, since growth, development and poverty are the most important issues facing developing countries nowadays.     Aim of Research: In this dissertation I am aiming to identify the limitations and weakness of the WTO regulation already in force and problems arises from it. Although the WTO has brought economic growth to certain countries, there are still countries that suffer from poverty and poverty related problem, such as poor literacy rate, mal-nutrition and AIDs, etc. There is uneven bargaining power between the developed and developing countries which diminishes the benefit of trade for the developing countries.   At the end of my research I aim to find constructive and practical solutions that could contribute to the improvement of the regulations in order to promote LDCs’ economic development.   Literature Review:   There are a few countries that I have particular interest on and they are typical growing LDC economies, such as China, India, Bangladesh and South Africa. Each of the country’s economy has their own characteristics and had different patterns of growth / development[1] since their adoption of the WTO trade regulations. Through the examination of the similarities and differences of their growth / development pattern I aim to evaluate the effectiveness of the trade regulations of the WTO.     Methodology:   The research method I will use is Critical legal study combining with the research tradition of Law and Economics. I will be mainly using secondary data published in journals, newspapers, text books and official database (including websites), since it is not economically viable for me to obtain primary data myself. The main focus will be on qualitative data with selective use of quantitative data to enhance the argument. If it is possible I would also like to conduct surveys and interviews as my data collection methods.   My research can be divided into mainly 4 stages 1st Stage: Literature review and data gathering During this stage, I will be mainly gathering information from all possible sources. Apart from reading published materials, if it is possible, I would like to contact economists in the above countries mentioned, as they know better about the problems facing their own country, and would be able to give insightful comments on the problems facing their own country in respect of the WTO trade regulations and their local solutions to the problems raised.  Interviews tapes and videos can also be my sources of information.   2nd Stage: Literature and data analysing and Theory formulation This is the stage for me to consider all the information I have gathered and form my own opinion on the issues; if possible, to establish a model to explain my theory.   3rd Stage: Solution proposition I will draw a conclusion of my research project and hopefully propose one or more practical solutions to the research question.   4th Stage: Research project Review This is the final stage of my research, I will revisit all the information I have gathered and double check the accuracy of the data and make sure all cited materials are referenced. Then I shall consider the research topic from another angel to see I can reach the same conclusion. I shall not expect to reach the same conclusion, since my data collection and analysis techniques could vary, and there might be new information published since I first started my research. If it is the case, I shall add these new information and potential new conclusions in my research as an add hoc factor to enhance my project.         Bibliography   [1] Note that economic growth and development are two different concepts. Development is based on growth. Credit:ivythesis.typepad.com

To what extent do WTO trade regulations promote Less Developed Countriesâ€™ economic development (and reduce poverty)?—â€” A critical evaluation of the effectiveness of WTO trade regulations

LLM International Commercial Law Dissertation Proposal (September Intake) Name: Dissertation Topic : To what extent do WTO trade regu...

Dissertation Preparation Module

Masters Dissertation Proposal   Dissertation Preparation Module (NX0422)                                  1  Researchable Topic This proposal clarifies the intention to examine how the performance of temporary staff  working in a large company like NEXT plc warehouse can be improved. What will come under careful scrutiny is the mechanisms that can operate to motivate such staff to perform at their maximum potential and thereby increase the profitability of the company. I shall be particularly concerned to investigate the more complicated situation, from the perspective of motivating factors, where NEXT warehouse employee staff are employed for short periods of 2-4 weeks during the sale season. Of the greatest interest will be the comparison of those warehouse staff who are incited to complete their tasks within expected time spans with those who will attempt the same tasks in a desultory or less motivated way.   2 Aims and Objectives for the Research   The following points will  feature as central issues for the investigation: 1)      To examine the literature commentaries and current modes of thinking about Performance Management. 2)      To explore the academic literature on motivation factors underpinning exceptional company performance. 3)      To identify specific  human resource management elements that are most important for motivating temporary staff. 4)      To make recommendations on how warehouse companies can improve the performance of their temporary staff.   Currently people who are not employed on a full time or permanent basis demonstrate significant underperformance on the job. It is generally acknowledged that having a short term temporary contract is the main reason why there is such a relative underperformance when compared with those who are employed on long term or permanent contracts. There is evidence that short term staff avoid completing set tasks within appropriate time intervals. Hence one of the aims of this research is to determine the dynamics of such situations and to formulate a possible solution for the radical underperformance. Clearly, an effective solution will save the company money and reduce cost , thereby providing them with competitive advantage. In the first chapter I shall be seeking to explicate the notions of performance management that form the basis for assessing individual performance in the retail industry since that would be more relevant to the research area under scrutiny in this topic. We can take a performance management system to be the process whereby appropriate information is used to achieve superior corporate performance. In the case of retailers it means having the information to monitor corporate and store performance for the purposes of improving operational efficiency and taking urgent action where and when necessary.  A key performance indicator (KPI) is critical to any performance management system. A KPI is the measure of performance of an activity that is critical to the success of an organization. KPI’s will differ depending on the nature and objective of an organization, so you must carefully select which ones to use. Poor performance by individuals who have been recruited to play important roles in the performance of the company will impact badly on the KPI. Any company who keeps regular checks on their KPI and who also recruit temporary staff into key positions will be able to monitor their impact very closely. Of course a company would not normally be expected to employ temporary staff in such key roles. Such an event would only happen where staff  have been laid off due to an illness or sudden redundancies that have been ill thought out. In the second chapter I shall be looking to     3 Literature Review   1 (2002), Employee Reward, 3rd Edition, Chartered Institute of Personnel and Development, London. Explains the conceptual framework-reward in context, economic theories, the psychological contract and motivation. Also gives brief view of reward process, analysing job and policy, pay structure, rewarding individual, team contribution, Performance Management, employee benefits and allowance and managing reward system.   2.  (2005), Marketing temporary workers: work identify, diversity and operational HR choices, Human Resources Management Journal, Vol 15, No1, pages 76-92 This journal gives difference of employment model, supporting the strategic of HRM literature, leading to differences between core employee and various kinds of peripheral employees.   3.  (2006), Key to motivating tomorrow’s workforce, Human Resources Management Vol 16, No1 pages181-198 This journal presents perspectives from the inside of what might or should be the motivational sources of tomorrows workforce. It also gives the history of research and theory on work motivation in the 20th century.   4.  (1998), Human resource management and performance; proposition and test of casual model, Human System Management, Vol 17, No.3, page 183-193. This journal clarifies the link which may exist between human resources practices and economic performance of firm.   5. (1996), Motivation and Leadrship at Work, 6th Edition, McGraw-Hill, USA. This book looks at motivation and leadership at work. It explains different models of motivation and leadership. Throughout the book there is an examination of the interplay between motivation and leadership as they jointly determine work behaviour.   6  (1999), The Tao of Motivation: Inspiring yourself and others, Harper Collins Publishers, London. This book explains simple but powerful techniques for motivating yourself and others.   4  Sources of  data/information you anticipate using    I will be using various sources of data and information for the dissertation. On of the most important sources of information will be the direct interview with the management of the Next plc company. This will allow me to determine the issues faced by employers in their attempts to motivate their employees. I shal than attempt to either interview directly, or by indirectly providing a questionnaire to the Next permanent and temporary employees, to determine their practises and to elicit an insight about motivational issues. I will discuss the considerations from the view point of their human resources department through formal interviews with them. In this way I shall also be able to acquire useful knowledge about their selection and recruitment process. In addition I will  be using secondary sources of information with regard to the company policy on any kind of a reward or merit system for rewarding their employees. I will  be looking to examine documents outlining  other policies that may  exist, or have existed for some time without being reviewed or updated. One problem I may come to face will be to diagnose the veracity of the comments by the employees who have filled in the questionnaire. The question is: are they going to be telling the truth or will they be they be either lying or only offereing a distorted version of the real story? The other issue will be that this investigation will involve a considerable amount of travelling to the company site in addition to the availability of managers and whether they will be willing to allow sight of their policy documents. One of the major problems will be the time factor since temporary staff will only be available for 2-4 weeks for discussions or interviews.   5 Access/Research ethics (aprox 100 words):   I do not believe that I will face too much difficulty in having access to the workforce since I was previously employed by them and it will also help that my brother is an Operational Manager of the warehouse where I intend to complete my investigation . I have been told that the other managers are also willing to assist me in my project. When I am interviewing the management and HR department, I will get written permission to include the relevant data into my dissertation. For the staff I will tell them before hand that any information acquired by means of either a questionnaire, or an interview, will be used only in confidence  and their name will not be mentioned anywhere in my project.     6 Possible techniques to be used for data/information analysis/interpretation   The techniques for the investigation will include: <ul style="margin-top: 0in; margin-bottom: 0in" type="disc"> <li class="MsoNormal" style="text-align: justify"> Interviews </li> <li class="MsoNormal" style="text-align: justify"> Questionnaire </li> <li class="MsoNormal" style="text-align: justify"> Examination of company policies </li> </ul> The Interview will be semi structured, which will allow me the flexibility to follow up specific responses to aprticular questions. I will be interviewing them personally. The questionnaire will be used for the puroses of statistical and content analysis. The questionnaire will bedirectly  collected by me. The data collected from company policies will be presented in my own words.     7  Potential Outcomes of your piece of research   The projected outcome  is an understading of the factors that may be having debilitating effects on employee performance and in this way it would allow an edified consideration of the most effective way to motivate temporary employees within an organisation of this type and than to consider whether the findings are generalisable given the current thinking on the subject as underpinned by comments found in the literature on the subject. I hope this research will give me better understanding of the motivational issues surrounding the working practices of employees working on temporary short term contracts. Also, I am hoping that this information will be a useful to the NEXT company for their future dealing with temporary employees and also have an impact on any retail industry where they employee temporary staff.     [8] Timetable for the research project milestones covering the time available.   Activity Time Frame   Refine Research Objectives May Literature Review   June-September Research methodology August Analyze secondary data October Design Data Collection strategy October Conduct Primary Research November Analyze primary research November Final writing up   January   9 References     See section 3         Credit:ivythesis.typepad.com

Dissertation Preparation Module

Masters Dissertation Proposal Dissertation Preparation Module (NX0422) 1 Researchab...

DISSERTATION PROPOSAL 4: Effectiveness and efficiency of online training program applied in a medical device company

1. What is the provisional title of your dissertation? An effectiveness and efficiency of online training program applied in a medical device company where requires specialty employees with a high techchology skill.   2. What is the question that you are seeking to answer? Effectivenss and efficiency of online training program for employees in a high techn medical device company may be low as due to a poor understanding of the interaction of a device technology and biomechanism which may require to adopt other types of training.   3. What academic issues does this research address? The acquisition of training skills occurs through a different stage of learning process, employment of online training, therefore should occur in a determined stage of training process for its effectiveness and efficiency.   4. What do you expect to be the central argument within your research?  Online training is less efficient for employees in medical device industry where requires equipment of a high technical skill through a full understanding of interaction of a high tech medical device and a human biomechanism as compared to class room training and field training.   5. What do you think it is important to undertake this research? To be able to provide an adequate employee training in medical device industry, implementation of the online training program should be determined an effectiveness and efficiency of the training while online training program can benefit more people as compared to classroom type of training due to its easy accessibility.   6. Some of relevant books or articles that are fundamental for this research.   <ul style="margin-top: 0in; margin-bottom: 0in" type="square"> <li class="MsoNormal"> Computers in company training,  (1988) </li> <li class="MsoNormal"> Computer based Instruction: Methods and Development,  &  (1991) </li> <li class="MsoNormal"> A Handbook of computer-based training,  & (1993) </li> <li class="MsoNormal"> Learning with N W Information Technologies in Schools: Prospectives from the Psychology of learning and instruction, (1990) </li> </ul>     7. What if any are the limitations with the literature relating to your research questions? Acquisition of online training program for emplyoee training in medical device industry has occurred not so long ago as such, there might be restricted evaluation of an effectiveness and efficiency of onling training program in medical device industry although online training program is widely being used for employee training in other industry.   8. What techniques(methodology) do you intend to use within this approach? Questionnair method will be utilised for employees who had taken online training and are undergoing online training in a selected medical device complany.   9. Credit:ivythesis.typepad.com

DISSERTATION PROPOSAL 4: Effectiveness and efficiency of online training program applied in a medical device company

1. What is the provisional title of your dissertation? An effectiveness and efficiency of online training program applied in a medical de...

Thesis Chapter 2 on An Evaluation of the Role of Bounty Hunters in the American Criminal Justice

Chapter 2   Review of Related Literature               This chapter will present the history and the beginning of bounty hunters in America in pursuit of criminal justice, particularly during the lawlessness era of the Wild Wild West where outlaws, fugitives, criminals tries to hide from the state and federal agencies for their crimes.  Here we trace back the time when new breed of gutsy men embarked on a kind of new endeavor to help authorities round up fugitives and criminals, citing a examples of prominent trackers and bounty hunters working under detective agencies that comes closest to what we known today as bail enforcement agents.  Further, there will be a jump to the present state of bounty hunting in 21st century America.  The bounty hunters will be stripped of its myths and legends mostly perpetrated by movies and television.  Though no doubt the image, myth and the adrenalin-rushed action life led by bounty hunters have stuck and ingrained deeply in the American national psyche. Subsequently, there will be a redefinition on the role of bounty hunters now known also as bail enforcer agent, as what those involve in the profession want to call them to bring professionalism and feel of reality and seriousness in their discipline.  There will be a full discussion on the outright misconduct and abuses of bounty hunters particularly the event that happened in 1997 where a couple was shot to death and ensued a clamor for regulations and restrictions for bounty hunters who act with immunity against state and federal laws.              The difficulty in creating a new set of regulations and challenges of lawmakers to put order on the acts of bounty hunters will also be tackled.  Then after that the measures taken by different states and the Congress itself to put bounty hunters where they should stand will be given space.             The point of view of bounty hunters according to two respectable bail enforcer agents themselves will be highlighted to get into the real world of tracking down fugitives and also on their actions to put integrity into their ranks to work with the other pillars of the criminal justice. And from there, there will be a distinction whether bounty hunters is a help or hindrance to law enforcement.   Introduction Most of the population probably get their idea of what a bounty hunter is according to what the media – the televisions and movies – has portrayed them to the public viewers.  From Steve McQueen’s in “The Hunter” or Robert DeNiro in “Midnight Run,” Bounty hunters have been mythologized in Westerns era.  But what can expert, real life bounty hunters could say is that there are many myths, legends and misconceptions about the profession.  Though one of the more realistic films was, in fact, The Hunter.  But certainly not “Renegade” or “Midnight Run.”             To start off, a routine life of a bounty hunter, according to an interview to Gary Haney on World of Bounty Hunters (The World of Bounty Hunters, 1997) says his life as a bounty hunter is boring in many ways: it consists of cold coffee, hard doughnuts, standing on corners, waiting for hours, and definitely that would not be sold on any television shows.  Bounty hunters are not precisely the Rambos media has portrayed them to the public, since modern bounty hunter’s organization don’t like their ranks be riddled by this kind of men.             Since bounty hunters are known to be fearless, gutsy people with stubborn persistence to track down bail jumpers with indefatigable spirit, they are also known to regularly pounce on everybody’s homes with impunity and somehow picture them as barbarians and outlaws themselves masquerading as law enforcers that only results in abuses and misconduct.              Is there indeed a need for stricter regulation on this “state actors,” or the urgent need to abolish the profession altogether since they are becoming not as what they should be in the first place as important assistance to law enforcement, but rather rouge and outlaws out to exploit that special privileges put on them to bring headache and trouble to the populace?   Short History of The Bounty Hunters             Going back to the Old Wide West, most criminals go scot-free with crimes.  Local Sheriffs were busy and short of personnel to bring these fugitives back into the fold of law.  Judges acted slowly on criminal cases with the defendant nowhere to be found.  Outlaws were playing hide in seek with authorities and the ranchers, businessmen, banks, money making establishment and the people were scared. That was the picture of the old West and South.  Criminals could hide from the eyes of law with just putting a bail and disappearing into another state out of reach of the town sheriffs and law enforcers.             Bounties were too many to mention then to help catch a criminal so “wanted” notices were posted everywhere where there were people.  Here then began the existence of a class of men and women who would dampen the enthusiasm and wily ways of would-be criminals according to Trackers, Trailers and Bounty Hunters in America’s Past (Trackers, Trailers and Bounty Hunters in America’s Past, n.d.).  These men and women were the closest thing for being full time bounty hunters.  They were possessed by single-mindedness, steadfastness and a creative imagination to stay on the tracks of criminals for years and eventually bring them into the hands of laws with a huge sum of money for their dedicated pursuit of their discipline.  They were then hired by the powers that had the resources worth protecting their money and had the means to pay for such an expensive kind of service.             Then these old bounty hunters were under the care of such prominent detective agencies who had had history of success in bringing outlaws, bandits and criminals out of their hiding nests.             One popular group of bounty hunters that also took the birth of detectives operated under the Pinkerton National Detective Agency, which stands out for providing the cream of fugitive trackers in 19th century and beyond.  Allan Pinkerton, a Scottish emigrant known for his boldness and being an adventurer who wanted real hard actions, formed the agency in 1850.  His sons William and Robert carried the management of his agency after his time. Allan Pinkerton’s story of rags to riches through his enterprising skill, imagination and guts is told best by Richard Wilmer Rowan in his book, PINKERTONS; A Detective Dynasty, 1931. The Pinkertons were the ones who were sought by authorities when Rangers, in-house detectives and the law had failed to conclude a chase or mystery. Eventually Allan Pinkerton was the first Chief of Chicago’s Police Department. The Pinkertons logo, an open eye, is the root of the term ‘Private Eye’. It had offices in New York, Philadelphia, Denver, and Los Angeles. Their detectives were responsible for ending the criminal exploits of Western frontier bandits, East coast spies and head-rolling gangsters. Men like the Reno Brothers, the James Brothers, Nathan Maroney, the ‘Invincible’ Piper, Jack Canter, H.H. Holmes and several Mollies of the Molly Maguires all were track and chased through the years without tiredness by the Pinkertons. One of the Pinkertons most cunning and gifted agents, Charles Siringo who had relentlessly trailed Billy the Kid until the end, actually published a book in 1912 titled, A Cowboy Detective. Another trackers and bounty hunters were the group the Wells Fargo detectives. Wells Fargo took crime and its eradication seriously. Their private detectives would search as long and hard for the embezzler with dedication similar to the thousand-dollar bandit. Their standard payout for information leading to arrest was 0, thought by many to be quite chintzy. Wells Fargo’s most memorable case revolves around the tracking down and eventual capture of bandit, Charles Boles, alias Black Bart. A top and talented Wells Fargo bounty hunter James B. Hume enlisted the help of Harry Morse and between the two they pieced together the trail that led to Boles. Wells Fargo also cunningly and successfully utilized the services of Apache trackers in their manhunts through the mountains of Arizona and New Mexico. Native American trackers were perhaps the most skilled and most under-documented of the wild West’s bounty hunters.   Present Day Bounty Hunters In the present day setting, the term bounty hunters is now being changed into a professional sounding term such as bail enforcer agent.  Well-known bail enforcer agent and writer Burton (1990) stated that the title “Bounty Hunter” is old and colorful title full of myths and legends something that old movies created and imbedded on the psyche of the people.  It is indeed true.  When most people hear the term, they quickly equate this men to the era of the “old West” when there were lots of lawlessness that authorities had to seek the services of these people called “Bounty Hunters” to bring to the fold of Law those fugitives on the loose.             The notion still stick to the mind even during this modern era.  No doubt the image of toughness and being a hard-boiled persists since even modern day bounty hunters as summed up in part by trouble-shooter, for the Hunter’s Guild, Black (n.d.) the distinction between bounty hunters and that of common mercenaries and assassins can seem blurred at times, but ultimately bounty hunter are a superior breed. Mercenaries are soldiers-for-hire, pure and simple. Assassins are usually lone individuals hired to terminate the life of a target. Bounty hunters too will often be called upon to fight and kill for money, but that is where the similarity ends.             Burton compared the past and the present about bounty hunters challenges and their numbers.  Burton said that then there was lack of communication that posed a major obstacle on the goal of the bounty hunter to be successful as well as the slowness of travel that added another saddle for the hunters. Bail bondsmen then were a rare breed in the small towns of the nineteenth-century West and South according to Burton. Burton added that the fact is that there are many more bounty hunters today than yesteryears due to modern communication, quickness of travel and a more systematic method of exchanging information. Recovery work is now a more viable business, according to Burton. There were very few bounty hunters in the Old West. Most were in the East. They were Sam O’Donnell in Boston in the 1890s or Charles Sampson, a black bounty hunter in New York City in the 1910′s and 20′s. The big bonding corporations were located in the cities of the east. Bounty hunters as we know it today began in the 1920s, according to Burton.   The Role of Modern Bounty Hunters or Bail Enforcement Agents             The state of Delaware (Bounty Hunters/OBail Enforcement Agents, n.d.) states in its law the role of the “Bounty hunter” or “bail enforcement agent” shall mean any person or cooperative of persons, resident or nonresident, whose services or actions are performed for the purpose of capturing a fugitive, and including, but not limited to, any person who engages in the apprehension and return of persons who are released on bail and who have failed to appear at any stage of the proceedings to answer the charge before any state or federal court. Bounty Hunters or Bail Enforcers (Bounty Hunters & Bail Enforcers, n.d.) gives a clear role played by Bounty hunters, or bail enforcers as often they are called now.  This special breed of people is often hired by bail agents to locate, arrest, and return the accused person to court. Bail enforcers share the rights to arrest with the hiring bail bond agent and these include no need to obtain search warrants or extradition documents within the United States. Modern day bail hunters are basically acting on their capacity without too much restraint from state and federal government since they can criss-cross from state to state and collar the fugitive without fear of common state law and its consequences.   Bounty Hunters Under Close Scrutiny             In the long history of existence of bounty hunters, state and federal government have been lenient on restrictions by given them special privileges.  There have been wide rooms for them to act and track their target fugitives without even the need to obtain warrant of arrest.  Much more they have been allowed to storm into a house without legal papers just to catch the hiding criminal.  But that have been under a questions now from different sectors of criminal justice and society in particular for abuses and actions that have been perpetrated by bounty hunters.  Their public image is basically they go beyond the borders of law and can act with lawless impunity that can harm the public.  There are reports of beatings, invasion of private properties and wrong arrests of dutiful citizens, to name a few of some of their misconducts.                  One case where use of excessive force was the report by Carlile (1997) where five bounty hunters stormed into a residential house in Phoenix in the dead of the night searching for a subject who had skipped bail. The raid resulted to the death of two innocent people and probably charges from one who ended in a hospital. According to The Shawnee News-Star (1997) these five bounty hunters didn’t need a warrant — or even a state license to barge into the house.             What ensued after this particular case is the loud clamor from the different sectors of American society for the revision of regulation on bounty hunters if there was any, or a stricter guidelines so as not to repeat such a tragic event happen again in the history of bounty hunting in America in pursuit of criminal justice.             On Bail Bondsmen/Bounty Hunters (n.d.) reported that from 1997 to 2001 there were bounty hunters sued and arrested ranging from criminal charges like impersonating law enforcement officers, aggravated burglary, assault, array of violent offenses, pointing gun at client, and kidnapping.  The image brought about by the old western era on this breed of hunters has come into reality and is fast catching up with the obscure culture of bounty hunters. It is a fact that bounty hunters have operated under the virtually the same rules for more than a century since its birth as stated by Carlile (1997). This is when an 1873 United States Supreme Court ruling gives bounty hunters broad rights when pursuing criminals who skipped bail. But cases stated above cast scrutinizing spotlight on the shadowy practices of bounty hunters. Their actions are little known to the public at large. Though regarded by police as vital and important aids in the enforcement of law, some are already clamoring and demanding that the shadowy world of bounty hunters be more closely regulated. Editorials on the bail bond industry have demanded bounty hunter reform according to Bounty Hunters: Unfettered Danger (1997) and A Throwback to the Wild West  (1997). These editorials suggested that constitutional restraints offer the only logical solution to bounty hunter misconduct and abuses. Many critics say that it was high time for states to rein in what many consider the least regulated arm of law enforcement.   The Difficulty on Changing Regulations on Bounty Hunters The problems in putting regulations on bounty hunters proved to be tough and difficult.  First, there should be an overturning of Supreme Court 1873 ruling, or better yet an action by Congress as suggested by pundits on law. There is also uniqueness in the nature of the job – chasing down and tracking people who have reneged on a promise to show up in court – is the reason seen as to why bounty hunters have so much freedom. One more constrain is the Constitutional protections are applicable only against the government and “state actors” according to Patrick (1999). Since the beginning bounty hunters have long been recognized by the courts as private actor that make them immune from constitutional restraints. What more is that they are free from the strictures of the Fourth, Fifth, and Sixth Amendments, as well as the relevant sections of the U.S. Code. Though there for years, some critics according to Bounty Hunters are Lethal Throwback to Frontier Justice (1997) and Sanera (1997) of the bail bond industry lobbing to restrict, if not altogether abolish, the practice of bounty hunting. Proponents and supporters of these measures rely on the now-familiar stories of bounty hunter misconduct and abuses — anecdotes involving an unlicensed renegade, himself a convicted felon, battering and humiliating an innocent party just to name a few. Such reports are appalling on the perspective of these sectors.   Creation of Regulations and Laws for Bounty Hunters has Began Hard and difficult it may be, the Bail Bondsmen/Bounty Hunters (n.d.) reported that state and federal government has been initiating new regulations and laws that will cover the actions of bounty hunters. Some of these were: 1.    Texas county begins to toughens rules on bounty hunters, June/July 1998 2.    A Bill to curb bounty hunters was introduced in Congress, April/May 1998 3.    In Arizona, a law was forged on October/November 1998 creating headaches for bondsmen. 4.    On October/November 1999 a Bounty Hunter Accountability Act was introduced in US House. 5.    On June/July 2000 hearings were held in Congress on Bounty Hunter Responsibility Act. Though there are several actions done in an attempt to pacify public outrage and curtail misconduct in the bail bond industry, a few states have enacted regulations aimed specifically towards bounty hunters. To date, the effort to regulate bounty hunters has been still regrettably lax. As of September 1997, only six states mandated bounty hunter licensing according to Drimmer (1997). Many states still have no regulations. Furthermore, Congress has not acted to curtail or amend the broad rights conferred on bounty hunters by the Supreme Court specifically the Supreme Court 1873 ruling. Moreover, the regulations that do exist do not compel or require bounty hunters to act in contravention of constitutional principles. The state of Florida’s code requires bounty hunters to obtain a license from the state. Such licenses are not issued unless the applicant receives twenty hours of training, undergoes a background check, and submits fingerprints to the government. The state has not required, compelled, or coerced the bounty hunter to seek fugitives, or to commit tortuous acts against innocent third parties. Thus, under this strand of state action analysis, the activity challenged in bounty hunter misconduct cases cannot fairly be attributed to the government. In the State of Delaware, stated in the Delaware State Law (Delaware State Laws, n.d.) a proposed House Bill No. 226 will likely become Delaware law regarding bail enforcement agents. The House Bill No. 226 has these statutes suggested for law making:   1.    Requires bail enforcement agents, commonly known as bounty hunters, to be licensed by the Department of Public Safety; requires bail agents searching for a person to notify the State Police and a municipality’s chief law enforcement officer prior to searching or apprehending a person within the municipality’s jurisdiction. <ul style="margin-top: 0in; margin-bottom: 0in" type="disc"> <li class="MsoNormal" style="color: white; text-align: justify; line-height: 200%"> 	2. 	“Bounty 	hunter” or “bail enforcement agent” as used within this chapter shall mean 	any person, or cooperative of persons, whose services or actions are 	performed for the purpose of capturing a fugitive, and including, but not 	limited to, any person who engages in the apprehension and return of persons 	who are released on bail and who have failed to appear at any stage of the 	proceedings to answer the charge before the court in which they may be 	prosecuted</li> </ul> 3.  The Secretary of the Department of Public Safety is authorized to adopt regulations regarding the licensure and registration of bounty hunters and bail enforcement agents, which may include the term of a license or registration, and may charge a fee not to exceed 0 for each application and each renewal of an existing license. At a minimum, an applicant for a license to serve as a bail enforcement agent or bounty hunter must affirmatively show that: ·         The applicant is at least 21 years of age and is of good moral character; ·         The applicant has never been convicted in this State or elsewhere of a felony or a crime of violence involving physical injury to another, whether or not armed with or having in possession any weapon during the commission of such felony or crime of violence; ·         The applicant has never been committed for a mental disorder to any hospital, mental institution or sanitarium, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in this State that the person is no longer suffering from a mental disorder which interferes or handicaps the person from handling deadly weapons; ·         The applicant has never been convicted for the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June, 1973, or of any narcotic, drug or controlled substance as defined in Chapter 47 of Title 16. One noteworthy provision in the bill is that no person, other than a certified law enforcement officer, shall apprehend, detain, or arrest a suspected fugitive on behalf of another person, including a principal on a bond, wherever issued, unless that person is licensed by the Secretary of the Department of Public Safety. The issuance of license, first and foremost, is critical according to Patrick (1999). Legislation ought to restrict entry into the profession of bounty hunting. As compared with any skilled labor, minimum requirements ensure competency and reduce the incidence of mistake and misconduct in the field, which is a very good prevention. More importantly, and unlike constitutional measures, threshold criteria are proactive. Such regulations do more than redress bounty hunter misconduct; they prevent it Patrick added. Another one is every bail enforcement agent or bounty hunter now who enters the State of Delaware or any political subdivision thereof in pursuit of, and for the purpose of, capturing a fugitive shall, prior to taking any action in his or her capacity as a bail agent or bounty hunter in this State or any political subdivision thereof, notify the Superintendent of the State Police and the Chief of Police of the political subdivision in which the surveillance and/or apprehension is to take place. Notification necessary for action of the bounty hunter shall be by registration on a form provided by the Superintendent of the State Police and by the local police department. A bounty hunter or bail enforcement agent must also present proof that he or she possesses a valid license issued by the Department of Public Safety. So far, these are some of the adjustment different states have been implementing to safeguards their population against abuses and misconduct coming from bounty hunters.   State to State Regulation a Better Prescription Against Bounty Hunter’s Misconduct Looking over the issue of bounty hunter’s misconduct as Patrick (1999) suggests that given the improbability of state action in bounty hunter cases and the lack of meaningful proscriptions found in the Constitution and the U.S. Code, he advised that bounty hunter regulation is best undertaken by the states themselves. As long been recognized by judges and scholars there are advantages of legislative as opposed to federal constitutional remedies on this issue. Legislation allows discrete geographical regions to initiate solutions specific to their particular needs. In the process, it encourages experimentation, trial and error, and the ultimate distillation of the optimal approach to the issue at hand. In the case of bounty hunter misconduct, the advantages of a legislative approach are compounded by the inapplicability and inefficacy of constitutional restraints. It must be remembered that bounty hunters are private actors, and thus immune from the strictures of the Fourth, Fifth, and Sixth Amendments. But even if these proscriptions were applicable, these are not foolproof effective deterrent or remedy against bounty hunter misconduct. A growing number of states have enacted laws regulating the bail bond industry in return. These steps are laudable as Patrick noted, however, legislatures should be wary that adequate regulation would require a multi-layered approach.   The Point of View of Bounty Hunters Since there are for years some critics of bounty hunters according to Bounty Hunters are Lethal Throwback to Frontier Justice (1997) and Sanera (1997) lobbing to restrict, if not altogether abolish, the practice of bounty hunting due to growing knowledge on the part of the population on general on bounty hunters misconduct: anecdotes that runs from battering, violent arrest, kidnapping and other usurpation of an innocent citizen’s rights.             The question now is whether bounty hunters or bail enforcer agents are a bane or boon to the pursuit of enforcement of the law?             The Phoenix incident in 1997 that ended with the death of innocent couple in the hands of bounty hunters sprang forth the doubts whether there is a necessity on bounty hunter’s existence in the enforcement of law.  There were already clamors for restriction on this breed of law enforcers that many feared could be a monster in the making if not put in its proper place with regulation.  Bounty hunters are seen as Rambos, rogue and thugs on the loose way above the rules of law. According to the World of Bounty Hunters (The World of Bounty Hunters, 1997) Bob Burton, writer, bail enforcer agent and president of the National Institute of Bail Enforcement, and Gary Haney, Director of Training for the National Association of Bail Enforcement Agents, clarified some issues regarding the nature of the job of bounty hunters, licensing, regulations, and the misconception of the public regarding the image that surrounds the profession.             Bob Burton said that without standards and licensing anybody can call himself anything.  But within the profession of bounty hunting, one has the necessity to have a particular documents to validate the title of being a Bounty Hunter.  His organization has issued credentials for the last 14 years attesting to this. Though there have been some states that require licensing for bounty hunters for a long time now, organizations like National Association of Bail Agents believe in licensing, training, credentials of all kind, mainly because states have different laws and regulations and people need to be trained properly so they provide training and credentials in the field of law enforcement.             But the question now is why not have bounty hunters just locate the fugitives, then call a policemen to make an arrest. In this procedure the person being taken into custody is read his rights.    Basically the bounty hunter is implementing a civil contract between the bondsman and his customer. Many times the police don’t have the authority to do it, out of their jurisdiction or whatever. Bounty hunters do it better. More often, a bounty hunter may take a case where someone is in another state. The law enforcement officials may not want to go through the formal procedure of extradition so they have a bounty hunter go and find this person to avoid formal procedure.           And often, time is of the essence and the extradition process can get bogged down.  Bounty hunters are efficient in making an arrest because the fugitive has waived his rights by reneging on the contract. In relationship to the number of people that bail enforcement picks up to the number of complaints filed with the police department, Gary Haney said, they fulfill their role proficiently due to all the training they give the bounty hunters under their organization. Most complaints come from those people who do not belong to an association, nor have they received any training and just proclaim themselves bounty hunters. According to Bob Burton, most complaints around 65-70% are caused by the bail bondsmen themselves making the arrest, and not professional bounty hunters. Bounty hunters, again coming from Bob Burton, arrest 87% percent of everybody that jumps bail. The police will pickup about 10% in routine traffic stops. The other 3% get lose.  Therefore, 87% are unable to commit more crimes because somebody found them and returned them to jail. As bounty hunters in Bob Burton’s association, they have the highest fugitive recovery rate in the country or the maybe the world. But many people have asked why it should be that just because the police cannot do the job of rounding up all the fugitives in the US, that there are a group of people who are not part of the government, who can break into people’s homes. Seen on this perspective by the different sectors of society, bounty hunters are still regarded by police as vital and important aids in the enforcement of law. First off, bounty hunters need to be trained to do their job. It does come with its rules of conduct and everyone needs to be trained according to their state in which they’re in. Bounty hunters can’t just break in. They better have good reason to do so. Although they have certain powers beyond that of regular law enforcement officials, they must use them with a great deal of thought. Most of the time, when things go wrong out, it is due to a lack of training on the part of the bounty hunter. National Institute of Bail Enforcement have our their own Internal Affairs and believes in training and give licenses when that is completed.  It is self-policing; removing 3 to 5 bounty hunters a year. Proper training and licensing is the worth the trouble in the art that is called bounty hunting. More states are going to regulate more and more, though are not taking away the power of the bounty hunters, they are simply saying you better know what you’re doing. In time, there will be stronger relations between the different systems– law enforcement, judicial etc.– and bounty hunters alike can all better serve the same cause.   Conclusion Bounty hunters have existed in the criminal justice of American history for more than a century now.  Beginning in the era of full-blown lawlessness in the old West and from then on regarded by town sheriffs and judicial system and now the police in the modern times as a vital and important aid in the enforcement of law. Since their role is vital in the setting of federal system of government of America where many states have their own regulations and laws against fugitives, bounty hunters or what the practitioner of the profession would like to call themselves as bail enforcement agents, their existence speeds up the recovery of bail jumpers and fugitives so they can be tried and face the consequence of their criminal acts. Though there is no doubt that bounty hunters have brought back into the fold of law countless criminals on the loose in the territory of America, the question still lingers as to up to what extent they are immune to state and federal law in cases of bogged raids and misdemeanors.  Since the tragic case of Phoenix raid in 1997 that caused two innocent deaths, what the states and federal government can do is to apply more regulation and guidance to these “state actors.” There is the idea of licensing and strict requirements for one to be a bounty hunter.  That is a good move.  Regulations also like requiring local police authorities be given notice as to raids and apprehension of fugitives in a state gives more safety measures to prevent abuses and misconduct of bounty hunters.  But for now, abolition of the profession seems a knee-jerk reaction to the issue since bounty hunter’s role is very vital and important aid for the police to do their jobs. There is also existing institutions and organization of bounty hunters that ensure that those in their ranks act accordingly through intensive training and orientation to the different state rules and regulation.  This is a good help in self-policing like what other sectors of the society do to ensure that what they do is in accordance with the interest of the public they swore to protect. Though there is no doubt that bounty hunters from time to time go beyond what their roles should be, they still remain as an important part of the criminal justice in America.   References:   A Throwback to the Wild West. (1997). Hartford Courant, A22   Bail Bondsmen/Bounty Hunters. (n.d.). Pretrial Resource Services Center   Black, M., (n.d.) Bounty Hunting. Retrieved: April 14, 2003 from http://www.geocities.com/Area51/Dunes/4656/WasteWorld/Waste_World Lite/Bounty_Hunting.html   Bounty Hunters & Bail Enforcers. (n.d.) Retrieved April 14, 2003  from http://www.gottrouble.com/legal/criminal/bail_resource/bail_bounty.html   Bounty Hunters are Lethal Throwback to Frontier Justice. (1997). Pantagraph (Bloomington, Ill.)   Bounty Hunters: Unfettered Danger. (1997). Arizona Republic, B6   Burton, B., (1990). Bail Enforcer: The Advanced Bounty Hunter, Paladin Press   Carlile, W.H., (1997, September 4). Bounty Hunters’ Rights Under Siege After      Raid. The Christian Science Monitor. Retrieved April 14, 2003 from            http://csmweb2.emcweb.com/durable/1997/09/04/us/us.7.html   Delaware State Laws. (n.d.) Retrieved: April 14, 2003 from            http://www.fugitiverecovery.com/laws/delaware.htm   Drimmer, J., (1997, September 21) America’s Least Wanted: We Need New Rules to Stop Abuses, Washington Post   Patrick, A.D., (1999). Running from the Law: Should Bounty Hunters Be Considered State Actors and Thus Subject to Constitutional Restraints?        Vanderbilt Law Review   Relatives denounce lax laws on bounty hunters after couple killed. (1997). The   Shawnee News-Star. Retrieved April 14, 2003 from http://www.news   star.com/stories/090397/bounty.html   Sanera, A., (1997). Don’t Regulate Bounty Hunters—Eliminate Them. Arizona    Republic The World of Bounty Hunters. 1997). Retrieved: April 17, 2003 from            http://www.time.com/time/community/transcripts/chattr091097.html Title 24 Professions and Occupations Chapter 55. (n.d.). Bounty Hunters/Obail    Enforcement Agents. Retrieved April 14, 2003 from        http://www.delcode.state.de.us/title24/chapter55.htm   Trackers, Trailers and Bounty Hunter in America’s Past (n.d.). Retrieved: April   14,       2003 from http://www.onworld.com/BHO/WayitWas3.html#Pink       Credit:ivythesis.typepad.com

Thesis Chapter 2 on An Evaluation of the Role of Bounty Hunters in the American Criminal Justice

Chapter 2 Review of Related Literature This chapter will present the history and the beginning of bounty ...