Court attendance reflection - Free Essay Example

Black cascading robes, white periwigs and the resounding thud of a court hammer are the images often associated with the administration of criminal justice. Over the course of my court attendance I quickly realized that this idealized perception fails to reflect the complexities of the criminal justice system. The first issue I will discuss is the value of legal representation and the how its absence can compromise an individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to a fair trial. The next theme which struck me as significant was the distinction between the two levels of criminal justice. While they are governed by the same laws, it was evident that each level was characterized by distinct procedures. As a democratic society, the Rule of Law is the cornerstone of our legal system. One of the major facets of the Rule of Law is the notion of equality before the law.[1] My experiences within the precinct of Parramatta Local and District Court enabled me to grasp the importance of legal representation for attaining a just outcome. However, in Australia, there is no explicit statutory or constitutional right to legal representation.[2] Instead, this à ¢Ã¢â€š ¬Ã‹Å"principleà ¢Ã¢â€š ¬Ã¢â€ž ¢[3] is derived from the common law and international treaties which can be overturned due to Parliamentary Sovereignty. The International Covenant on Civil and Political Rights, which was ratified in Australia in 1980, is the primary international treaty regarding due proc ess. Section 3(d) of the treaty states that an accused should à ¢Ã¢â€š ¬Ã‹Å"have legal assistance assigned to him, in any case where the interests of justice require so, and without payment by him in any such case if he does not have sufficient means to pay for ità ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[4] Although the provisions of the ICCPR have been ratified by Australia, they have not been incorporated into domestic legislation. Consequently à ¢Ã¢â€š ¬Ã‹Å"while the International Committeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s view may be politically persuasive they will not, of themselves, carry the force of lawà ¢Ã¢â€š ¬Ã¢â€ž ¢.[5] This means that even in the most serious indictable offences where the accused faces deprivation of freedom for a considerable period of time, there is no guaranteed right to legal representation.[6] The landmark case of Dietrich v The Queen[7] set the common law rule in relation to legal representation. This case reaffirmed that a criminal trial was most fairly and eff iciently conducted when both sides have access to adequate legal representation. The majority ruled that individuals charged with indictable offences, regardless of their financial position, have a right to legal representation. In cases where this is cannot be provided, the judge has the discretion to adjourn the trial indefinitely.[8] During my experience in Parramatta Local Court I witnessed Magistrate Baptie exercise this discretion in the case of R v Debelli. Although the case I viewed lacked the complexity of Dietrich[9], the accused faced multiple charges of varying seriousness that could potentially result in imprisonment. Mr Debelli was left unrepresented at trial because his Legal Aid application was rejected. In NSW, the Legal Aid Commission is primarily funded by grants from the government. The National Legal Aid Advisory Commission stated that à ¢Ã¢â€š ¬Ã‹Å"levels of overall funding of national legal aid programs are demonstratably insufficient to meet the reasonable n eeds of the Australian communityà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢.[10] Due to insufficient funding, Legal Aid is unable to provide free or subsidised representation for all who require it. Consequently there are restrictions put in place like the merit and means test. In R v Debelli, the accused was rejected Legal Aid because he failed to satisfy the required criteria. The judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s advice that he should à ¢Ã¢â€š ¬Ã‹Å"go to see legal aid today, and keep going back every day until they approveà ¢Ã¢â€š ¬Ã¢â€ž ¢, reflects the subjective nature of these tests. In R v Debelli, the accused was initially content to be self-represented and the magistrate gave him a brief explanation in relation to examination, cross examination and evidence. Shortly after he became visibly overwhelmed by the intricacy of the court process, and descended into a state of confusion and started providing incriminating information. In his dissenting judgment in McInnis[11], Murphy J was corre ct in saying that the accused is in a position of disadvantage not only because of their lack of legal knowledge and experience, but also due to their emotional attachment to the case. Mr Debelli finally realized his error and requested that the trial be adjourned until he could obtain legal assistance. The magistrate was clearly frustrated saying, à ¢Ã¢â€š ¬Ã‹Å"I asked you before, and now youà ¢Ã¢â€š ¬Ã¢â€ž ¢ve wasted all my timeà ¢Ã¢â€š ¬Ã¢â€ž ¢. Despite this he begrudgingly agreed to adjourn the case of R v Debelli, explicitly stating it would proceed in three weeks à ¢Ã¢â€š ¬Ã‹Å"with or withoutà ¢Ã¢â€š ¬Ã¢â€ž ¢ representation. Even when Legal Aid is granted, the quality of legal representation provided can be highly varied.[12] This was more evident in the Local Court, than the district court. In some cases the defence was exceptional, while in others the solicitors were unprepared and unfamiliar with the cases before them. In R v Muhammed Ibrahim the integral role of le gal representation was made blatantly apparent. During the case there was a distinct power imbalance between the defence and the prosecution. Through the persuasive presentation of his own case and skilful cross examination, the defence lawyer caused the witness to contradict herself on multiple occasions. This called her credibility into question, leading the magistrate to quash all charges and dismiss the case. Therefore the fundamental role of legal representation in obtaining a fair trial and upholding the tenet of the rule of law is undeniable. There are critical distinctions between the lower and higher courts in the New South Wales criminal justice system, essentially creating à ¢Ã¢â€š ¬Ã‹Å"two tiers of justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢.[13] The higher courts embellish the traditional images associated with the legal process. This portrayal of justice and legitimacy is visually displayed through the layout, customs and traditional court garments.[14] The black gowns with purple s tripes and wigs worn by the judges exude a strong sense of authority and are in contrast with the simple gowns worn by the magistrates in the Local Court. These subtle disparities reflect the fundamental differences between the two tiers of justice. Where the district court felt formidable and intimidating, the local court was more relaxed and at times comedic.[15] The local courts process approximately 97.5% of criminal cases, while the higher courts only handle 2.5%.[16] Despite this stark difference, a disproportionate amount of time and emphasis is placed on higher court matters which are perceived as à ¢Ã¢â€š ¬Ã‹Å"declaratory of the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢.[17] In fact, the introduction of Criminal Procedure Amendment (Indictable Offences) Act 1995[18] and the Crime Legislation Further Amendment Act 2003,[19] have caused the role of Local Courts in criminal matters to drastically increase in recent years. The more cases I witnessed, the more apparent it became just how extensive the jurisdiction of the Local Court is, in dealing with indictable offences. In the Local Court the primary objective was time management and getting through the list for the day.[20] Rapid decision making in relation to complex areas of the law is often necessary to manage the large volume of cases for each day.[21] Magistrates are accurately referred to as the à ¢Ã¢â€š ¬Ã‹Å"under-valued work-horse of the court systemà ¢Ã¢â€š ¬Ã¢â€ž ¢.[22] In the Local Court, most cases are scheduled to start at the same time. Due to time pressure and disorganization of court proceedings, à ¢Ã¢â€š ¬Ã‹Å"defendants told to arrive at court at 10am may wait à ¢Ã¢â€š ¬Ã‚ ¦ even three hours before hours before their cases are à ¢Ã¢â€š ¬Ã‹Å"called onà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢.[23] I personally witnessed this sitting in the public gallery for hours among a mass of accused waiting for their case to be heard. This was in stark contrast with my experience of the district court, where each c ase is treated with consideration and legitimacy. Trials were allocated a specific time, courtroom and judge. This comparison is most clearly conveyed by comparing the thirty minute hearing of R v Chrissis, with R v Shane Barry Dennis where an entire day was assigned to gathering witness statements. Despite both being assault charges of similar gravity and complexity, it is evident that trial by indictment is a lot more time consuming than a summary trial. This is because it is not necessarily à ¢Ã¢â€š ¬Ã‹Å"the nature of crime but nature of procedure which complicates the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢.[24] Local courts do not always adhere to the due processes of law, primarily because they must get through a large magnitude of cases in a short period of time. This divergence from procedure is justified by some using what McBarnet refers to as à ¢Ã¢â€š ¬Ã‹Å"the ideology of trivialityà ¢Ã¢â€š ¬Ã¢â€ž ¢.[25] This notion derives from the fact that the cases in the local court are treated summarily, hence a smaller penalty can be imposed and they à ¢Ã¢â€š ¬Ã‹Å"interfere less with ones libertyà ¢Ã¢â€š ¬Ã¢â€ž ¢.[26] Spending a substantial amount of time in the local court, I realized just how misconstrued this perception was. In the bail application of R v Mostafa Mariam, the accused is the father figure and provider for three young kids, his wedding was three weeks after the hearing and his fiance was due to give birth within a week of the hearing. Therefore it is evident that the magistrateà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision to reject his application for bail had a drastic impact not only the life of the accused, but that of his family and friends. I departed through the revolving doors of Parramatta District Court with a new perspective on the inner workings of the criminal justice system. After witnessing the potential adverse effects of self-representation, I realized the value of legal representation as part of a fair trial. I gained awareness of the distinctions b etween the lower and higher tiers of criminal justice. 1 | Page [1] The Law Research Centre, Submission to the Senate and Constitutional Affairs Committee: The Right to a Fair Hearing and Access to Justice: Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Obligations (6 March 2009) https://www.lib.unimelb.edu.au/recite/citations/AGLC/ref621-elecSourceInternetMaterials.html?style=6type=4detail=1 10. [2] Paul Ames Fairall, à ¢Ã¢â€š ¬Ã‹Å"Trial Without Consel: Dietrich v The Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1992) 4(2) Bond Law Review, 239. [3] James Spigelman, à ¢Ã¢â€š ¬Ã‹Å"The Truth Can Cost Too Much: The Principle of a Fair Trialà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Australian Law Journal, 25. [4] Karen Fletcher, à ¢Ã¢â€š ¬Ã‹Å"Legal Aid: Right or Privilege?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (1993) 18(1) Alternative Law Journal, 21-33. [5] Olaf Dietrich v The Queen, (1992) 177 CLR 292, at 31. [6] Gideon Boas, à ¢Ã¢â€š ¬Ã‹Å"Dietrich, the High Court and Unfair Trials Legislation: A constitutional Guarantee?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (1993) 19(2) Monash University Law Review, 261. [7] Olaf Dietrich v The Queen, (1992) 177 CLR 292. [8] Karen Fletcher, à ¢Ã¢â€š ¬Ã‹Å"Legal Aid: Right or Privilege?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (1993) 18(1) Alternative Law Journal, 21. [9] Olaf Dietrich v The Queen, (1992) 177 CLR 292. [10] Karen Fletcher, à ¢Ã¢â€š ¬Ã‹Å"Legal Aid: Right or Privilege?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (1993) 18(1) Alternative Law Journal, 24. [11] McInnis v The Queen (1979) 143 CLR 575. [12] Janet Hope, à ¢Ã¢â€š ¬Ã‹Å"A constitutional right to a Fair Trial? Implications for the Reform of the Australian Criminal Justice Systemà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1996) 24 Federal Law Review, 192. [13] Doreen McBarnet, Conviction: Law, the State and the Construction of Justice (Palgrave McMillan Limited, 1981) 182. [14] Crofts et al, à ¢Ã¢â€š ¬Ã‹Å"Design and Childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) 33(4) Alternative Law Journal 229. [15] Harold Garfinkel, à ¢Ã¢â€š ¬Ã‹Å"Conditions of Successful Degradation Ceremonicsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1956) 61(5) American Journal of Sociology 421. [16] David Brown et al., Criminal Laws: Material and Commentary on Criminal Law and Process of New South Wales (The Gederation Press, 2011) 143. [17] Ibid. [18] Criminal Procedure Amendment (Indictable Offences) Act 1995 (NSW) s2.11 [19] Crime Legislation Further Amendment Act 2003 (NSW) s3 [20] Kathy Mack and Sharon Roach Anleu, à ¢Ã¢â€š ¬Ã‹Å"Getting through the List: Judgecraft and Legitimacy in the Lower Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2007) 16(3) Social and Legal Studies, 341. [21] Michael Kirby, à ¢Ã¢â€š ¬Ã‹Å"The Ongoing Ascent of the Australia Magistracyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2009) 9(2) The Judicial Review, 149. [22] John Willis, à ¢Ã¢â€š ¬Ã‹Å"The Magistracy: The Undervalued Work-Horse of the Court Systemà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2001) 18(1) Law in Context, 129. [23] Pat Carlen, à ¢Ã¢â€š ¬Ã‹Å"The Staging of Magistrates Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1976) 16(1) British Journal of Criminology, 29. [24] Doreen McBarnet, Conviction: Law, the State and the Construction of Justice (Palgrave McMillan Limited, 1981) 182. [25] Ibid. [26] Ibid.

Challenges Faced By Progressive College - 803 Words

Progressive College, PC is currently facing some financial challenges. As Vice President of finance and administration creating that environment where the institution, administration and students can thrive is top priority. Working with President of PC and the Vice President of Academic Affairs with developing a four-part financial recovery plan. This four-part financial recovery plan included: 1. Do not increase tuition at a rate higher than inflation 2. Do not use financial aid as a means to reduce price 3. Use adjunct faculty during times of growing student enrollment 4. Eliminate academic programs that no longer response to the need of the market. These four part financial steps are a vital area we felt that would be of great contribution to help address the current financial problem PC is facing. Exploring each step within the recovery plan will provide a clear understanding of how PC administration is expected to put the institution in good financial standing. These financial plans will be successful based on the information that was collected and research conducted throughout the academic year. As noted by Lorin (2014) College prices in the U.S have gain increased faster than the rate of inflation, extending decades long pattern of higher education costs. According to the College Board, a decade ago tuition and fee jumped 10.4 percent for in state students at a four yea-public colleges and 5.8 percent at private schools. The institution had a negative netShow MoreRelatedEssay about 1912 Election1032 Words   |  5 PagesDuring the Progressive Era, Americans faced the challenge of choosing between four strong candidates o f the election of 1912. Each candidate held concrete platforms that would have different effects on progressivism. Americans could chose the conservative presidential incumbent William Howard Taft(R), the New Jersey governor Woodrow Wilson (D), the long-time fighter for social reform-Eugene V. 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Does fairtrade has a future in this world Essay - 3311 Words

Does Fair Trade have a future in this world? Table of content 1. Introduction and Problem statement. Nowadays, Fair trade products are hot items. In 2006 worldwide sales came up to 1.6 billion Euros of Fairtrade Certified Products. This was about 42% more than it was the year before. Even the products coffee and cocoa knew a bigger growth in the numbers 53% and 93% respectively (Fairtrade Labelling Organizations International Annual Report, 2006/07) Fair trade is an alternative approach to trading partnerships that aims for sustainable development of excluded or disadvantaged producers in the Third World. It seeks to achieve this by providing better†¦show more content†¦When their attitudes will be positively influenced this will also influence their behavior, which has a positive effect on their fair trade buying behavior. This support what Shaw and Shiu in de Pelsmacker Jannsens (2002) found out: processing of information about an ethical issue will determine consumers’ beliefs, behavior and attitudes. There are two constructs of attitude towards fair trade in general: a negative construct and a positive construct. The negative construct: skepticism which has a negative effect on people their fair trade buying behavior. The positive construct: concern about fair trade issues, which has a positive effect on people their fair trade buying behavior. Out of all the above named trade-offs the current study focuses on two kind of trade-offs: price and fair trade concern. 2.1 Price and fair trade buying behavior In this case price is described as how much money consumers spend on fair trade products. In definition fair trade means: to ensure stable trading conditions for producers in developing countries who are disadvantaged (Ozcaglar-Toulouse, Shiu Shaw, 2006). Stable trading like a living wage and safe working conditions for disadvantaged farmers in developing countries will create a higher price than the same standard products produced by farmers in the advantaged countries. Previous studies have shown that ethical products are considered too expensive or that the consumer does notShow MoreRelatedCoffee Is A Way Of Selling Or Buying1255 Words   |  6 PagesAccording to the Cambridge Dictionary (2014), fairtrade is ‘ a way of selling or buying a product that makes certain that the people who produce the goods receive a fair trade’. Coffee producers’ products are not necessarily produced to organic standards (Global fairtrade, 2010). Nowadays, coffee is one of the most popular beverages in the world. Eighty-percent of the coffee products in the world market are made by twenty-five million small holders (fairtrade, 2012). 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We’ll look at a few of them here: multinational corporations, culture shock experienced by managers working abroad, fair trade issues, ethical issues faced by managers

Sample Assignment of Contract

Sample assignment of contract is a particular document, which allows assigning certain rights and obligations to the individual or a group of people. An accurately issued paper may become a valuable protection of one partner’s rights and responsibilities; it also encourages a fruitful cooperation and helps to avoid various misunderstanding in further partnership. Having a correct sample assignment of contract means being ready to establish an official business relationship, as soon, as it is required. It is necessary to include the certain points to the document in order to cover the most meaningful issues; thus, the contract structure and its basic details formulate a decent template to make an agreement. Assignment of Contract #345 For value received, the undersigned Assignor (Mr. Wells) hereby assigns, transfers and sets over to Mr. Stevenson all rights, title and interest held by the Assignor in and to the following described contract: Mr. Wells assigns Mr. Stevenson his place on the board of directors of the â€Å"Future† travelling agency along with all the following responsibilities, mentioned in the corporate manual â€Å"The Code of Conduct for the â€Å"Future† Employees†. Also, the Assignee receives a direct financial income, taking into account the bonuses and fines, mentioned in the same manual. As one of the board directors, he also receives a right to vote on the boards and staff meeting, and a right to participate in the Annual International Tourism Business Conference â€Å"The benefits of the pro-poor tourism† as a competent board director representing the â€Å"Future† travelling agency. The Assignee takes the post at once the contract is fully signed by both parties and gives the post away on December 31, 2020. Therefore, the Assignee does not have to receive a consent prior of the Assigner’s general approving in any form. The Assignor has a right to call this contract off, in case the Assignee poorly performs the responsibilities assigned, and other competent members of the board directors’ team of â€Å"Future† traveling agency prove this fact. The Assignee does not have a right to refuse of his assigned obligations and rights before December 31, 2020 (if his health is not under a threat); otherwise, he has to pay the fine. The sizes of the fine are determined as the 50% of the received income (without taxes counted) for the period of being a board director. If the Assignee occurs to be not capable of performing the responsibilities assigned for reasons of health, the â€Å"Future† travelling agency is to hold the elections and choose a decent substitute for the post. In the case of Mr. Stevenson’s disease, the â€Å"Future† travelling agency is obliged to provide him with the decent medical treatment and medical insurance to cover all the treatment expenses. Both the Assignor and the Assignee own the copies of this Assignment of Contract and may use it for the purpose of signing another business related documents. July 31st, 2017 Signature Assignor: Mr. Jared Collin Wells Signature Assignee: Mr. Bradley Luke Stevenson

Csr in British Petroleum and Exxon Mobil - 10051 Words

1. INTRODUCTION The energy sector is generally driven by the price of crude oil. Recent trends of reviving global economy, increasing demand for energy, and political turmoil in oil-producing regions, have seen oil prices soar (to more than $55 a barrel in 2004), thus causing industry rebound. Higher prices have reached most of the industry Ââ€" producers, refiners, pipeline companies, equipment makers, oil field service providers, and gas station operators - which have all enjoyed new profits. Leading the charge are the world s largest integrated oil companies: Exxon Mobil, BP, and Royal Dutch/Shell (Yahoo Finance, Industry Profile). British Petroleum (BP) is of one of the world s largest energy companies, providing its customers with†¦show more content†¦Many petroleum companies recognise, for example, that their prospects of gaining new licences or access to new commercial opportunities are significantly enhanced by showing that governments, partners, and suppliers want to work with them on non-financial as well as commercial criteria. With respect to the areas of concern identified above, we can extinguish a number of issues and challenges faced by the companies operating in the energy sector. These issues are of particular importance when considering investing into the oil and gas industry and are likely to be looked at by rational and socially-responsible investors. While it is quite popular to categorise CSR challenges into long-term and short-term ones, such segregation is of little value when talking about the petroleum and gas sector. Due to the specifics of the sector, most of the projects undertaken by energy companies have considerably long duration and thus are faced by challenges bound to last for a long time. Therefore, it can be concluded that most of the CSR issues in the energy industry (or at least the main ones from the socially- responsible investor s point of view) are long-term, thus the companies must work gradually and consistently in order to try to assure the best practise all along. The main challenges to the sector are presented below. 1. Petroleum companies are becoming increasingly more concerned with the question as to whether theShow MoreRelatedSocial, Cultural and Environmental Responsibility of Corporate Business Leaders1482 Words   |  6 Pagesintegrated into a business model. CSR policy functions as a built-in, self-regulating mechanism whereby business monitors and ensures its active compliance with the spirit of the law, ethical standards, and international norms. 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Learning institutions in America before public education Free Essays

In the early part of American history, education was not for everyone. The masses usually came from agricultural communities were planting and harvesting crops were more important than education. On the other side of the fence, were the wealthy families, the businessmen, the landed and the politicians who were able to enjoy the benefits of education. We will write a custom essay sample on Learning institutions in America before public education or any similar topic only for you Order Now The kind of education that the poor got was a few weeks of schooling during winter where teachers were not trained and school houses were decrepit and materials were lacking. The lessons were limited to basic skills to enable the children to write their names and count hens. The public education system that we presently have is a far cry from what has been in the past century. We owe the present form of education we have to Horace Mann, who campaigned for and worked to bring about social reforms and give each American the right to free education. Mann through his enthusiasm and devotion secured within his own state public support for schools. He encouraged businessmen to support building public schools since he believed that educating the masses would lead to greater economic progress. It goes to say that having a literate nation would spell more skilled and competent workers who would be the backbone of the factories at that time. More so, when the masses were given the right to vote, a growing awareness of the government’s obligations to its people came to light, the clamor for free education was strongest at this period. Mann faced a few difficulties in the form of opposition from prominent politicians and wealthy businessman and the clergy for education would be an equalizing factor between the rich and the poor and most especially because public schools would be competing with private and sectarian schools. Horace Mann also advocated public education for the masses as a means of bringing equality to the society. He argued that pubic schools made it possible for all citizens to exercise their right to free education without the encumbrances of religion or financial burdens. The individual could go to school without having to believe in something that is opposed to his cultural background and everyone could at least finish high school without the need to apply for loans or maintain a scholarship. The poor could concentrate on learning and in some ways to prepare for their future. Furthermore, Mann was able to integrate the schools in his state to a system that became the basis for the public education system in the country. He also advocated the establishment of normal schools to train teachers; he was against corporal punishment and instead focused and emphasized better teaching methods. Thus education gained the attention and funding that it never before had, and was established as one of the institutions of society. By the latter part of Mann’s life, the number of elementary and secondary schools had increased dramatically all over the country, but he did not stop there. He went on to work on changing higher educational system wherein the poor had the opportunity to be admitted to colleges until his death. Thus the door to educational advancement and success was opened to the masses. Â   Â   How to cite Learning institutions in America before public education, Essay examples

Physical Fitness Test free essay sample

Research Strategy and Design The researchers will be using the descriptive strategy to study the facts derived from the research. The researchers will be using the descriptive strategy in order to ascertain prevailing conditions and to give qualitative and quantitative description. This strategy is intended to answer questions about the current state of the problem the researchers are studying and the individuals involve. The researchers will also be describing each factor that contributes to physical deficiency of cadets. The researcher’s concern is not the relationship between these factors and the cadets but of the description and elaboration of these factors. On the other hand, the researchers will be using the survey research design to give a qualitative and quantitative description of the problem. The survey research design will be a fact finding study with accurate and adequate interpretation, (Calderon and Gonzales, 2007). This would help the researchers to gather data needed in the study in order to have a precise data for the researcher’s analysis. We will write a custom essay sample on Physical Fitness Test or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This will also provide a clear and accurate picture of the individual being studied. Population and Locale of the Study The total population of the study will be cadets of the Cadet Corps Armed Forces of the Philippines (CCAFP) composed of firstclass, secondclass, thirdclass and fourthclass cadets. The place of the study will be at the Cadet Corps Armed Forces of the Philippines, Philippine Military Academy, Fort del Pilar, Baguio City. The researchers will use the stratified random sampling in order to determine the number of respondents since the population totaled to 875 cadets. This method will yield the manageable sample that will be studied and be taken respondents. The researchers will use this sampling technique because the participants are randomly selected from the different classes in the CCAFP. The researchers will be using the Slovin’s Formula as statistical tool in getting the total sample of the respondents. Slovin’s Formula: n= ( N / (1 + Ne? ) ) in which: n= the size of the sample N= the size of the population e= the margin of error Computation: n= ( N / (1 + Ne? ) ) ( 875 / 1 + (875 ? 0. 10? ) ) = 89. 74 or 90 cadets There would be a total of 90 cadets that are needed to accomplish the study. The researchers will get 23 respondents for the firstclass and seconclass cadets and 22 respondents for the thirdclass and fourthclass cadets. Statistical Treatment of Data Statistical treatment gives meaning and interpretation to data (Calderon and Gonzales, 2007). Without it, the data gathered cannot be associated to give answers to the pr oblems posed in the research study. In order to arrive at precise analysis and interpretation of the results, the proponents will be utilizing different tools in treating the data. In the study, the researchers will be making use of the weighted mean to determine the extent of the factors that contribute to the deficiency of the cadets in Physical Fitness Test. In the second part of the questionnaire and 1st and 2nd specific statement of the problem, the weighted mean will be calculated using the following formula: ?fx X = ______ ?f Where: X = weighted arithmetic mean ?fx = sum of all products of f and x; where f is the frequency and x is the weight of each option ? f = sum of all subjects The obtained answer will be rounded off to the nearest whole number and whatever value obtained corresponds to the characteristic given by the scale. The profile of the respondents will be treated using percentage distribution. The researchers will then be able to assess the respondents or the population in general. In order to find a ignificant difference in the responses from the different age, class, Body Mass Index (BMI) and sex, the Analysis of Variance (ANOVA) is employed. This statistical tool will test the hypothesis that there is a significant difference in the: 1. Responses of the cadets belonging to an age bracket. 2. Responses of the cadets belonging to different class. 3. Responses of the cadets having different Body Mass Index (BMI). 4. Responses of the cadets having different sex. The formula for the Analysis of Variance will be given by: F = MS MSe Where : MS = Mean square MSe = Mean square error