Internal Analysis and SWOT Analysis Essay Example | Topics and Well Written Essays - 1000 words

Internal Analysis and SWOT Analysis - Essay Example Porter came up with the Value Chain concept to explain how a firm could create value from its processes and partnerships. He divided a firm’s activities into Primary and Secondary Activities, which are respectively essential and ancillary to its business success. In this paper we will take a view of Southwest Airlines’ internal strategy and how it measures up against the competition. Physical Resources In terms of physical resources, we see that Southwest Airlines has a good number of aircraft both in its own fleet and that of the recently acquired Air Tran. Despite its low cost leadership strategy, it has concentrated on having the latest fleet of 717 and 737 MAX for passenger comfort. This shows that Southwest Airlines is committed to its goal of making the customer have a WOW experience and continue choosing it at their airline of choice. As of 31 Dec 2011, it had a total of 698 aircraft comprising 610 Boeing 737s and 88 Boeing 717s (Annual Report, 2011). Financial R esources Despite its low cost strategy, Southwest earned a profit of $178 million in 2011 and has been doing so consistently over the last 39 years. This is highly commendable in an industry that has been fraught with risk since the last decade. Fuel costs remain the major worry, as reported in the Annual Report. With its reduced fares and refund/ carry forward policy, Southwest still has an edge over other airlines (Annual Report, 2011). Amazingly, it is still investing in technology like faster reservation systems and latest aircraft to match competitors and meet customer needs. Human Resources For Southwest, its people are one of its key resources. As of 31 Dec 2011, it had in excess of 45,000 employees, including 19,000 flight personnel and 2,400 administrative staff (Annual Report, 2011). The various groups of workers are represented by at least 18 different Collective Bargaining Agents (CBAs) under different Unions. Meeting the demands of these entities and integrating Air Tra n staff into the Southwest fold from a cultural and operational standpoint is expected to be a major challenge. Technical Resources   In terms of technical resources, Southwest Airlines can look upon the experience of its staff, the use of modern aircraft and reservation systems, and the operational and logistical administration of its fleet, cargo and passengers. No less important is its ability to sync its operations, service, marketing and sales to run concurrently and efficiently (Henry, 2007). Intellectual Resources Among Southwest’s key intellectual resources are its use of the Love field for its operations and the mind and vision of its upper management including the CEO and the Board of Directors that give the airline its strategic direction for the future. Its brand name and reputation for efficient service no doubt contribute to its revenues and profits. It is currently concentrating on attracting groups of passengers that present a continuing need to be transport ed for instance, patients under acute care settings. This shows that the company is innovative and not afraid to experiment. Goodwill Considering its vast experience and time spent in this industry, Southwest is reaping the element of goodwill as can be seen from its loyal passengers. Loyalty programs with cards and air miles are common in the airline industry, but Southwest also has an advantage in its flexible ticket policies including refunds, transfers, carry forward and

Comparing two poems Essay Example | Topics and Well Written Essays - 750 words - 1

Comparing two poems - Essay Example The poets Stephen Crane and E.E. Cummings each illustrate the negative effects of capitalism and the absurdity of the business of enterprise on common people in poems such as â€Å"The Trees in the Garden Rained Flowers† and â€Å"When Serpents Bargain for the Right to Squirm.† In the poem â€Å"The Trees in the Garden Rained Flowers,† written by Stephen Crane, the speaker becomes an advocate for the poor. The author attempts to make the reader realize the problems faced by poor people because they have few opportunities in life: â€Å"They gathered the flowers / Each to himself. / Now there were some / Who gathered great heaps- / Having opportunity and skill- / Until, behold, only chance blossoms / Remained for the feeble† (Crane, 3-9). These lines refer to the economic fact that people who have skill and money are able to take advantage of possibilities while the poor people have little benefits and few possibilities. The poet uses figurative imagery throughout the poem to relay a visual description of what the speaker is trying to say. The flowers represent economic possibilities, the garden becomes the economy, the children are the common people, the tutor represents advocates for the poor, and the father represents the government. In the narrative of the poem and translating this figurative imagery, an advocate for the poor approaches a governmental representative, and complains about the poor not receiving their fair share of economic possibilities, but the representative tells the advocate that he should not worry because it is right for the strong, and the shrewd to have more opportunities. The speaker says, â€Å"Upon reflection, the tutor bowed to the / ground / ‘My lord,’ he said / ‘The stars are displaced / ‘By this towering wisdom’† (Crane, 25-29). In presenting things this way, Crane exaggerates the government’s reasoning that it is right for the wealthy to have the

Crisis intervention centre Essay Example for Free

Crisis intervention centre Essay The need for a crisis intervention centre is in line with the Danville public needs. The society here is facing housing, despondency and declining social welfare amenities. The model crisis centre is a compound unit of physiological, social and economic advisory and counselling services. These services are to help alleviate frustration, the problem of social classes discourse and increased despondency which are resulting to high stress levels which have led to increased mental cases, besides, to create a welfare sense in this society. This will gradually resolve the impeding social-ethnic storms, unemployment and through increased lobbying through this centre, invite social welfare stakeholders to proffer services and amenities to help the victims of various social problems including domestic violence. Model The crisis intervention centre will be an office with qualified crisis management officers. It will be established to foresee, counselling of abused, domestic violence subjects, despondent and homeless people. They will also foresee the implementation of social integration policies in this society as well as networking with reliable social welfare referrals to counter the problem of declining social welfare. They will also work with the local police force to stem crime and advice of social integration so as to help maintain law and order in Danville. This way, the crisis intervention centre will offer professional advice, minimize liability through plans; provide order and options to the health and welfare problems in Danville. The inception of this centre is due to the sad situation in the society of Danville. The objective is to close the gap of increased poverty and social disintegration through enlightening people about their rights and their economic well being and social welfare needs. Operation and networking procedure The purpose of this crisis intervention centre is to counter arising social problems and addressing them urgently. The team of professionals will check and arrest arising emotional or physical health and safety of the members of the society is at risk. Offering referral to health providers in case of a health risk case, violence and chaos in the settlements where people are living, domestic violence and other physical health risk eventualities; also alerting the police and local medics on the same. Objectively, we will be managing the crisis from two perspectives, one; helping the ones affected to survive the crisis and secondly, to build capacity on alleviation of crisis. Building capacity will be aimed at making the society try preventing arising social crisis, build good relationships and co-exist peacefully. We aim at helping the members of the society self-manage arising crisis through knowledge and skills like demonstrating maturity, good decision making, mediation and avoiding trouble. The professionals will have to be ready to work at odd hours and adhere to the principals of the crisis centre quick response initiative. The quick response initiative will be a special unit of the Crisis intervention centre and will be laden with the duty of rushing to rescue and resolve crisis upon calls of distress and so forth. As such, the centre will be networking with the society and the other social welfare stakeholders to safeguard both lives and the health of the society. This plan is evenly collaborative with rising needs of the Danville society and environment. Operating System The centre cannot be run in an empty office, as such; we have a budget which is meant to accommodate various necessities which will enable the dissemination of our objective effectively. We will buy and install an emergency calls receiving centre and a computer system that will support our networks objectives. †¢ An office from which we have counselling and capacity building advisory lessons and one which will house our staff and operating system †¢ A radio communication system to coordinate with each of the professionals and the rapid response unit †¢ A computer system that will support a databank for clients and give immediate referrals to cases †¢ A van to ferry possible critical cases to nearest healthcare facility and also another van to ferry the rapid response unit Crisis intervention We will be managing Danville crisis based on strength of the Danville society perspective and the problem based perspective. Using our resources, liaising with healthcare providers, social welfare stakeholders, society and government to manage and minimize crisis. We also aim at assessing the risks through risk assessment based on social perception and projections on sensitive social issues. Through planning and holding meetings with various members of the society so as to understand the various weaknesses in the society and they can be managed. We will also use all the resources at all levels of the Danville area. Management of the crisis is issue based and we intend to tackle issues through assessment and capacity building. This way we will alleviate the suspect and the conflicting social behaviour. By capacity building we will foster social-environmental change and subsequently stop bad social behaviour like, domestic violence, robberies, mugging, ethnic discontent and related social discords. Capacity building will replace these bad aspects of social behaviour with alternative skills which will benefit the members of the society. Activities like social-economics, education and active participation recreational activities replace the behavior with alternative skills that serve the same function for the individuals with the weaknesses as well as the segments of the society affected or portraying similar bad behavior.

The Relationship Between Entrepreneurship And Innovation Commerce Essay

The Relationship Between Entrepreneurship And Innovation Commerce Essay What is the relationship between entrepreneurship and innovation? Depending on which model you are looking at entrepreneurship has a differing relationship with innovation. There are definitions out there that make an entrepreneurial behaviour almost identical to that of innovation. Is there more to innovation than being entrepreneurial? Can entrepreneurship be defined by innovation? These are some questions I intend to answer throughout the essay and I will examine and determine how the two are related, however large or small the relationship is. Up to 1 in 3 business start-ups fail within the first three years and with the amount of start ups, 3 per minute in 2001, there is a lot of prospective, hopeful entrepreneurs aiming to succeed in business but fail. What is the difference in characteristics between those that succeed and fail, is there a clear differentiation and can the amount of innovation used by the entrepreneur effect the success of the business? I aim to come to a conc lusion and answer all of these questions throughout and critically analyse differing theories. Both of the terms are often used interchangeably with little understanding of the differentiation between the two (David Johnson, 2001). My interpretation of innovation is that it has a lot to do with the invention of a product or a process and is a change in the norm, which then becomes the norm. A good example which would show innovation would be the movement from the floppy disk to the CD ROM, this is a clear move with a totally different design and then became the norm, till further innovation happened and the USB flash drive has become the most common for file storing and transfer. The question of defining entrepreneurship and linking it to innovation is harder than it sounds. There are many studies of entrepreneurship however there is no specific definition as it cannot be summed up into one single statement. There are various models showing a differing correlation between innovation and entrepreneurship. I see the link between the two as one in which, if worked together in har mony there can be a prefect outcome in terms of the success of an entrepreneur. Not everyone who starts up a business is an entrepreneur; it is the one who makes the best outcome of any opportunity given throughout the life of a business that will be a successful entrepreneur. There are different characteristics and different circumstances surrounding each successful entrepreneurs story but each made it down their route to become successful. A good idea is nothing more than a tool in the hands of an entrepreneur.'(Jeffry Timmons 1977) This idea shows that innovation, or the idea is just one single aspect of the processes of the entrepreneur in the making of, and continuing the success of a business. Therefore this means there is a relationship visible but it cannot be said it is one that says that entrepreneurship is more than just an idea, or innovation but it is using that idea. Innovations are the composite of two worlds, namely, the technical, and the business; so when only a change in technology is involved, this is just an invention; but as soon as the business world is involved, it becomes an Innovation. (Schumpeter 1934). An entrepreneur is an individual who establishes and manages a business for the principle purposes of profit and growth. The entrepreneur is characterised principally by innovative behaviour and will employ strategic management practices in the business this explanation is very relevant to what I am trying to explain and the link with business shows how entrepreneurs in business can be innovative. (Carland et al, 1984). These are how innovation and entrepreneurship can be defined in 2 different models. They can both be linked into each other visibly due to the idea of business in innovation and the innovative behaviour. However they can also be criticised due to saying entrepreneurs are only in pursuit of profit but this would depend on the personality of the individual. The founder of Oxfam, Joe Mitty, was solely interested in making money for charity and was a volunteer. Schumpeters view of creative destruction (1934) refers to the entrepreneur introducing a new idea that takes over a market and links entrepreneurs to economic growth and development. This could be an idea of shifting production processes, reducing the size of the workforce to increase productivity or indeed the introduction of a new product. The reason the introduction of the new idea has such an effect is, because of the unpredictability of the introduction, meaning there is no chance to prepare and lessen the impact of the new idea. Therefore Schumpeters theory was very much in line and the link innovation has with the entrepreneur is clear and represented by the fact that this creative destruction often leads to the overhaul of a market and takes over the old idea. For example the DVD, taking over VHS, and now they do not sell VHS in HMV and most other leading electronic multi media stores. The view of Kirzner (1973) is that entrepreneurs are individuals that recognise opportunity and find gaps in the market and test the viability of new business by trial and error and feedback from the market. Therefore these two views are contrasting with Kirzners view of entrepreneurship related more markets and gaps within them, and the responsiveness of an individual to react and make the most of this opportunity, rather than seeing the opportunity for a new product or idea, rather than simply moulding or adapting what is there already to gain market share. After this an entrepreneur differentiates from just an opportunist introduction and realisation of the idea by carrying on the idea and turning it into a viable business. These two ideas give a different level of linkage with innovation, rather than the destruction of Schumpeters model which creates the market for the product, Kirzner believes it is about adapting the idea to fit into the market, so the innovation may be seen as more lapse and less extreme in Kirzners case. OECD (1998) states that: (they) accelerate the generation, dissemination and application of innovative ideas this sums up one particular idea of the relationship between the two; it implies that entrepreneurship is innovative however, innovation is not always entrepreneurial. Innovation may only be one aspect in the beginning, or perhaps innovation should happen throughout and be continued through the life of the business to attempt to keep ahead of competition. Innovation is not always a radical destruction of a current process or product and it can just be a small alteration to current product or process. E.G. Sir Stelios Haji-Ioannou, an entrepreneur and the founder of easy jet, took an idea and used his business mind and talents to create and exploit the market, however did not invent any new innovative product, or production process but he spotted an opportunity for a budget airline which opened air travel up to the masses, whom perhaps could not afford what was there before it. Schere (1982) sums up an entrepreneur by giving their characteristics, it states they have a tolerance for stress and uncertainty, a real life example here can be the entrepreneur I interviewed, John Russell, who had to support a family at the same time as remortgaging his house and set up a business. To get through the stress of this whilst setting up and pursuing a successful business would take a lot of tolerance and self belief. The tolerance of uncertainty could be linked to innovation, if it is a new process or product and it has not been tried and tested in a market as is discussed by Kirzner (1973), the entrepreneur is taking a big risk even if the gap in the market it there in theory, there is no certainty due to the irrational behaviour of consumers. Schere gives a characteristic of entrepreneurs that they are open minded and can react quickly to change. The nature of innovation is that however prepared or quickly entrepreneurs can react they are often powerless to prevent a total overhaul of a market, due to the action of another entrepreneur (Schumpeter 1934). Timmons et al (1985) gives one of the largest sets of traits in the field. The trait of having the drive to achieve and grow is one of them. The drive to grow is one trait of interest and can be linked in to what has already been discussed, due to the distinction between innovation and entrepreneurship, with innovation being the starting point of a process and the entrepreneurial side leading to the growth of the business, however innovation would be needed throughout the life of the business to lead to a growth in the idea, an example is Simon Cowell who from X factor went on to expand using entrepreneurial prowess to take it into other countries and then went on and created Britains got talent, which introduced a new idea and process to the TV industry. Simon Cowell, just one example can already counter the idea of Timmons et al, of they have Low need for status and power, as it is visible that this interests him. Theories giving traits of entrepreneurs, however, is a generalisation of all entrepreneurs and can be easily criticised as there are so many different types and individual entrepreneurs that cannot be segmented and categorised. The studies give traits of entrepreneurs and do not take into account the background. For example, one entrepreneur may be a university graduate, whilst another could be a middle aged worker who has found a way doing what their business is doing more efficiently. Therefore it is likely that the traits they portray are not all identical to each other. If all the traits an entrepreneur is said to portray in journals and articles are true then entrepreneurs would be close to perfectly efficient and functioning human beings. People can also be innovative but cannot make the step up to become entrepreneurial, the BBC television programme (2. The Age of Plenty, The Foods that make Billions 2010) it shows us the story of how business has turned grain into one of the biggest success stories of the modern food industry. In the beginning it was one of the Kellogg brothers who invented the product; however it was the other one of the brothers that took it forward as a business. The person who created the idea is the brother of the entrepreneur and he could be seen as innovative. His brother was the one who took the idea further, by increasing the product range and adding sugar to it where his brother chose not to. Therefore a differentiation is shown here between the two thought processes of simply just an inventor and then an entrepreneurial mind that has increased the size of the company, and its profits, significantly. Apple, in recent times, is a great example to use when referring to both entrepreneurial expertise and new innovative products. Before the IPod was launched on October 23rd 2001, there were there means of personal media players which people were satisfied with. However the idea of 1000 songs in your pocket came by surprise and nobody could have predicted it. People used portable CD players and walkmans without realising the potential and they were later deemed clunky and useless. However, The IPod has become a household name, and despite not being the first mp3 player they revolutionised the MP3 and now people call them IPods rather than mp3 players. Here the iPod can be seen to be in line with Schumpeters idea of creative destruction (1934) because it is an example of how a new introduction (of the iPod) effectively destroyed the ideas that came before it, e.g. people dont use walkman anymore, due to the intro of the iPod. The reason Apple is a near perfect example of a complementar y relationship between both innovation and entrepreneurship is because of their actions after the initial introduction, and the way in which they continued to use innovative strategies and keep up the level of innovation and did not settle on the idea. Further developments on the IPod were brought to the market, for example the mini, shuffle, nano and the touch were all further innovations, and then they continued to create other products under the Apple brand. They made the new Mac books, the air and the pro, Apple Macs which further competed with other computer companies than they did in the past. Then more recently they have made the I Phone, which has 4 different models, and potentially more, iPad and in the future they are also looking into moving into a new (for them) form of media, TV. These innovative ideas, along with the fact that they are becoming a market leader in electronics and making huge profits year on year, whilst banging nails into past leader of the portable med ia industry (with the walkman) Sonys coffin (Naughton, 2010). They demonstrate perfectly why innovation has such a relationship with entrepreneurship. The reality of it is, however, one day there will be innovation, not by apple, and perhaps not by any of the current firms in the electronics market, that will kill off apple and lead to a new market leader. Due to the nature of innovation, however much Apple prepare they will not be able to prevent this happening. Druckers source of opportunity (1985) is a model in which the opportunities for an entrepreneur come about both internally and externally. Internally through inadequacy, changes in market or coming about through chance; or externally through perception and mood, demographic changes and new knowledge, from individuals or chance revelations. Small firms are more innovative than their large firm counterparts, being less bound by convention and more flexible (Carter Jones-Evans 2006) This suggests that in large firms which have set policy and running to it, would be more ridged, and therefore less reactive to a change in the market and could be pushed out of the market due to new innovative firms taking over. Therefore for a business to succeed in the long term they may need innovative ideas to survive and prevent being overtaken by the more innovative smaller firms. To sum up the relationship between innovation and entrepreneurship is not a simple thing to do with a single sentence answer. What I can conclude is that there is a differing relationship between the two in different fields of study. A common idea of the relationship is that it is a dependant one, in which both are needed in an economy to stimulate economic growth. The idea that innovation is a part of the entrepreneurial process is one that I agree with, there can be innovation without an entrepreneur involved; however there cannot be a successful entrepreneurial venture without the input of innovation. This is because innovation is what will be the distinction between ideas, without innovation there may be change or progression and this could lead to a stagnant economy. The examples I have given of entrepreneurs are ones that I believe show a differing amount of innovation, but similar amounts of success, Stelios had merely a change in the pricing and strategy of airline firms whic h when compared to the example of apple is only a small change, however, innovation is still shown and is still important. Overall in most cases it is not just an individual entrepreneur people may be inspired by an individual innovative idea and create entrepreneurial flow of a business over time as a team which can lead to great success with the right mix of both innovation and entrepreneurial processes.

Air Pollution, Smog, Acid Rain, the Greenhouse Effect, and Ozone Deplet

Air pollution is a well-known problem throughout the world. Humans know that we are the major cause for air pollution and although we know this fact, we continue to pollute. We poison our air every day by throwing out enormous piles of garbage, burning tons of fossil fuels, and driving millions of miles each year, but do we truly know how much this affects our society and our Earth? Smog, acid rain, the greenhouse effect, and ozone depletion are some of the effects that have resulted from air pollution. Health effects caused by filthy air are also a serious problem that has resulted from pollution. Smog is a term that was created from smoke and fog. It is found most typically in urban and suburban areas rather than rural areas because air pollution occurs most often where there are large numbers of people. Exhaust fumes from vehicles are emitted into the air, and a chemical reaction takes place when these fumes react with sunlight, resulting in smog. Another type of smog is created from dirt particles in smoke from the chimneys of factories and houses (Stille 22). These dirt particles cling to drops of water in the air, which can make eyes water, noses itch, and throats scratchy and sore. People within these cities that deal with this murky haze are much more likely to experience discomfort and develop lung problems due to breathing in too much polluted air (Asimov 15). Acid rain, another effect of air pollution, is formed when sulfur-rich fuels such as coal and oil are burned and combined with water. This rain is harmful to our environment because sulfur creates an acid that kills fish, trees, plants, and crops. It also damages paint on cars and wears away the stone used in buildings and statues (Stille 31). Acid ra... ...s affecting the environment, self-interest should drive concern about the pollutants because it can severely affect one's health. Pollution has contributed to several diseases, especially many forms of cancer. With effort and motivation to reduce these effects from air pollution, we can begin to cleanup our air and make our Earth a better place for not only our future, but also our children's and grandchildren's future. Works Cited Asimov, Isaac. Why Is The Air Dirty? Milwaukee: Garth Stevens, Inc., 1992. Dolan, Edward F. Our Poisoned Sky. New York: Cobblehill Books, 1991 Oppenheimer, Michael, and Robert H. Boyle. Dead Heat: The Race Against the Greenhouse Effect. New York: Basic Books, Inc., 1990. Stille, Darlene R. Air Pollution. Chicago: Childrens Press, Inc., 1990. Tate, Nicholas. The Sick Building Syndrome. Far Hills: New Horizon Press, 199

Boys Will be Boys in Tom Sawyer :: Tom Sawyer Essays

Boys Will be Boys in â€Å"The Adventures of Tom Sawyer† Mark Twain uses â€Å"The Adventures of Tom Sawyer† to reveal his own childhood; thus, many specifics in the book, such as the characters and the setting are very dear to his heart. It is the story about life in a boy’s world, and it discloses the feelings of Mark Twain concerning his boyhood, his town, and the people there. The time period is about two decades before the Civil War, and the setting is in St. Petersburg, Missouri, a small village on the Mississippi River. The main character in the book is Tom Sawyer, of course. Throughout the book, the author compares himself to Tom and his adventures. Tom is all boy, meaning that he is about as rambunctious and mischievous as a little boy can be. He despises anything that places restrictions on his boyhood freedom including school, church, and chores. Not only does he despise these restrictions, but he also will do anything to get out of them. For example, he skips school, and he cons friends into doing his chores for him. While he detests the restraints of life, he loves the liberating parts of life. He longs to take advantage of nature and all it has to offer. A quote from the book that exemplifies Tom Sawyer’s attitude toward life is when the author reveals his philosophy, â€Å"that work consists of whatever a body is obliged to do, and that play consists of whatever a body is not obliged to do.† The other characters in the story revolve around Tom’s character. Tom lives with his Aunt Polly because of the death of his mother. She tries to keep Tom in line, but she struggles because she has such a soft spot in her heart for Tom. When she does discipline Tom, she feels terrible, and in a way, she punishes herself. Sidney is Tom’s half brother who seems to always be making Tom look bad. While Tom is the so-called bad boy who is always getting into trouble, Sidney is the good boy who always does what he is told. However, Tom is presented in a compassionate way, but Sidney is portrayed as a tattler and a deceiver. He is shown to be deceitful when he allows Tom to take the blame and punishment for the broken sugar bowl even though he is the one who broke it.

Closed Memo

JS6557 Professor Pratt  §16, Thursdays, 10:00 a. m. X Mailbox # 406 Final Draft Closed Memo September 5, 2012 Word Count: 2,975 On my honor, I submit this work in good faith and pledge that I have neither given nor received improper aid in its completion. /s/ JS6557 JS6557 Memorandum To: Managing Partner Salvo From: JS6557 Date: September 24, 2012 Re: McAnzen Case QUESTION PRESENTED DUIUnder Mississippi law, can McAnzen establish a defense of necessity for his DUI charge, when after realizing the severity of Hurricane Katrina and fleeing his home, he was arrested while driving under the influence even though that action was only done to prevent a significant evil and was his only adequate option to avoid the impending dangers of the storm? ESCAPE Under Mississippi common law, can McAnzen establish a necessity of defense to escape when he used no force or violence to flee custody, to avoid the mmediate threat of serious bodily harm, after he was pulled over and arrested during the o nset of the impending danger of Hurricane Katrina although he did not report himself immediately to proper authorities? BRIEF ANSWER DUI Probably yes. McAnzen will probably be able to survive a DUI charge because under Mississippi Law a defendant must meet three elements to establish a defense of necessity to DUI.He will likely meet all three elements because he drove under the influence only to prevent a significant evil, the harm he caused was disproportionate to the harm avoided, and driving was his last adequate option in hopes to avoid the impending dangers of Hurricane Katrina. ESCAPE Probably yes. McAnzen will probably be able to evade an escape charge because under Mississippi Law a prisoner must meet four elements to establish a defense of necessity to escape.Although he failed to meet all four of the elements undoubtedly, he will likely be able to establish his defense because he clearly met three of the four elements because the hurricane winds were an immediate threat of serious bodily harm, he did not have time to make a complaint to authorities, and he used no force or violence to make his escape to flee the impending dangers. STATEMENT OF FACTS After an argument with his wife, McAnzen wife left the home to recollect her thoughts while relaxed with a six-pack of beer while tuning into the local news station.The news graphically described the Hurricane that was predicted to hit but he didn’t give any warranty to it. Over the two-hour period, he consumed four of the six beers. A neighbor interrupted his television viewing to enlighten him of the actual severity of the storm and advise that McAnzen and his wife leave with him immediately. He declined the offered ride but began to worry about his wife’s absence. Although the weather began to worsen, he felt morally obligated to wait for his wife but could not find her. After waiting as long as he could he acknowledged that e had been drinking earlier in the night but if he did not leave he would have been endangered by the violent hurricane. He most likely wouldn’t survive the wrath of Hurricane Katrina. While driving he was being extremely careful but decided to put a CD in to assure he would stay awake and in doing so he crossed the centerline. He was then pulled over, in the middle of a detrimental hurricane, and eventually arrested for driving under the influence. After being pulled over for a traffic stop during the onset of Hurricane Katrina, McAnzen fled the scene as an â€Å"intention to avoid impending danger.After initially being pulled over and failing a field sobriety test, a huge gust of wind knocked over the arresting officer giving McAnzen time to escape the scene. He left the scene because he panicked after seeing the strong wind blow over the officer, which created a fear for his life. He fled to his sister’s home in Florida and when returning to Mississippi, he went immediately to his home, which indecently was completely destroyed by the destruction of the hurricane. He was then arrested. DISCUSSIONBoth of McAnzen’s decisions, driving under the influence and escaping from custody, are criminal actions but they were necessarily committed to ensure his personal safety during the onset of Hurricane Katrina. His actions are to be excused by the defense of necessity, which is when a person’s choices can be excused or justified even though they break a law because they were necessary. â€Å"Where a person reasonably believes that he is in danger of physical harm he may be excused for some conduct which ordinarily would be criminal. Knight v. State, 601 So. 2d 403 (Miss. 1992). Mississippi Courts generally find that for a defendant to establish a defense of necessity for a crime committed, he must prove that three elements were present: reasonable belief of fear, fear of physical harm, and no sufficient alternative. Id. In this situation he is charged with two separate crimes and both crimes are anal yzed differently according to specific elements that pertain to each of them.This is an affirmative defense because he has the burden of proof meaning he must prove that he met the elements of the defense to claim it. The following cases using the defense of necessity will help prove that McAnzen does establish his defense. The court in Stodghill v. State, 892 So. 2d 236 (Miss. 2005) found that the plaintiff George Stodghill’s attempt to use the defense of necessity in regards to his arrest for driving under the influence was not valid because he did completely satisfy all the elements of that defense.After a night of drinking at a remote cabin with family, his girlfriend became violently ill and exhibited symptoms of a seizure so he decided she needed immediate medical attention but felt like 911 would not come fast enough. Id. During the drive he committed two different offenses: speeding and crossing the centerline and subsequently he was pulled over and arrested. Id. He d id not fully comply with all of the elements because although he was trying to prevent a significant evil, there were alternative means for the transportation of his girlfriend that he chose not to rely on.Id. Willie Joe Knight, a black man, was driving along a road in a predominately white community in 1989 when after noticing a group of white children playing on the road side, he felt as if his vehicle had run over something. Knight v. State, 601 So. 2d 403 (Miss. 1992). After stopping to check for damages he concluded that he had probably run over something unimportant but was quickly startled by the screams of a witness claiming that he had run over a white child and that the child was trapped. Id.The angry crowd approached and he feared for his own safety because he, a black man, ran over a white child and with the rioting crowds pressure growing, he left the scene. Id. Knight openly stated he fled because he feared for the safety of his own life considering the racial aspect. Id. 406. The court concluded this was a case for a defense of necessity because he was motivated by fear and the present circumstances that induced that fear would be in a reasonable person in Knight's situation. Id. With this conclusion, his conviction was reversed and remanded. Id.In Corley v. State, 536 So. 2d 1314 (1988), the defendant escaped from the Carroll County Jail after he claimed to have been threatened by a jailer with a gun. After his escape he was consequently returned to the Carroll County Jail after being located at his home in Greenwood. Id. at 1317. He claimed a defense of necessity to escape because he had a fear for his life after the jailer’s threat but the Court held that his defense was not viable, therefore waived, because he chose intentionally to not return to custody after the danger was evaded. Their findings were ased on that Corley admittedly divulged that he planned on staying out of jail â€Å"as long as I could reckon. † Id. The Court found that failure to return to the authorities after reaching safety and failure to make a complaint about his danger demoted Corley’s reasoning and did not constitute his escape to be a defense of necessity because he did not meet all of the elements. Id. Since the elements were not met, the Court affirmed his conviction. Id. I. DUI McAnzen will most likely survive the DUI charge because can probably establish each element of the defense of necessity for that charge.Under Mississippi Law, to establish a necessity of defense, a defendant must prove: (1) the act charged was done to prevent a significant evil; (2) the harm caused was not disproportionate to the harm avoided; and (3) there was no adequate alternative. Stodghill v. State, 892 So. 2d 236 (Miss. 2005). 1. The act charged was done to prevent a significant evil; Courts have usually found that a defense of necessity was valid when the act charged was done to prevent a significant evil. This was established in Stodgh ill v. State, 892 So. 2d 236 (Miss. 2005).McAnzen chose to drive under the influence because it was the only way to ensure his safety from the hurricane. Like, McAnzen chose to drive under the influence because it was the only way to ensure his safety from the hurricane. His decision to drive under the influence was the only way to get him self to a safe environment although he had to break a law to do so. Like Stodghill, McAnzen drove under the influence because his only other option was not viable- to be physically harmed due to Hurricane Katrina. They both knowingly committed the same crime but only to ensure their own or other’s safety from their individual circumstances.It could be said that because hurricanes are common in this part of the country that he should have taken warnings of the storm more seriously. This cannot be entirely true because each hurricane has different levels of severity and when he realized the severity of Hurricane Katrina it was necessary that he leave his home immediately or risk being killed by the storm. 2. The harm caused was not disproportionate to the harm avoided; and Courts have previously found that a defense of necessity was valid when the harm caused was not disproportionate to the harm avoided. This was established in Stodghill v.State, 892 So. 2d 236 (Miss. 2005). McAnzen’s case easily proves this element because driving under the influence essentially saved his life because without making that decision he would have been likely killed by the effects of the storm. This is parallel to the situation in the Stoghill case because he had to make the decision to drive even though he had previously been drinking earlier in the night, in hopes to save his girlfriend who was suffering from a seizure. It could be said that McAnzen choosing to drive under the influence always has the chance to harm someone else in the process.This counter argument is not sufficient because who is to tell him that his life was not important just because he happened to drink earlier in the evening? Since the storm had rapidly gotten worse, most people had already reached safety making it a lesser chance that he would hit someone on the road. 3. There was no adequate alternative. Courts have formerly found that a defense of necessity was valid when the act is committed because there was no adequate alternative. This was not established in Stodghill v. State, 892 So. 2d 236 (Miss. 2005).The third element is established and provided by the moral obligation McAnzen felt for his wife. He declined the ride with a neighbor because he felt morally wrong leaving his wife, in the chance that she might return. When McAnzen could absolutely wait no longer for her return, he had no other adequate options but to drive to safety. His moral conscience was the reason that eventually he was stuck with no alternatives. Stodghill did not meet this. One could say that his moral obligation to wait on his wife was not an adequate r easoning to wait.He could have accepted the ride from his friend since his wife eventually never showed up and the acceptance was an adequate option. Because no one can define what a person’s certain moral obligations can or cannot be this counter argument cannot be found. He felt like he should wait on his wife, when she never returned his only option was to drive himself to safety. McAnzen frankly admits that he committed criminal acts when he operated a vehicle under the influence his argument provides that he had fitting reason to do so to ensure his own safety during the onset of Hurricane Katrina.In reference to the use of defense of necessity to his DUI charge, the court will find that it is his reasoning was appropriate and in accordance to all three elements. The Courts will likely find that a reasonable person would have made the same choices as he. I. Escape McAnzen will most likely survive the escape charge because can probably establish each element of the defens e of necessity for that charge. Courts have found that a prisoner’s escape can be permissible by law if the reason is the â€Å"intention to escape an impending danger† rather than the â€Å"intention to escape lawful imprisonment† which could not be justified.Under Mississippi Law, to establish a necessity of defense to escape, a defendant must prove: (1) immediate threat of serious bodily harm to prisoner; (2) prisoner has no time in which to make complaint to authorities about his danger (3) force or violence is not used in escape; and (4) a prisoner must intend to report immediately to proper authorities when he attains position of safety. Corley v. State, 536 So. 2d 1314 (1988). Although he does not undoubtedly meet all four elements it is likely the court will accept his defense because he clearly meets three; the fourth is very debatable. . Immediate threat of serious bodily harm to prisoner The first element is clearly met because there was an immediate threat of serious bodily harm to prisoner because McAnzen had a legitimate threat of serious bodily harm, the incoming Hurricane Katrina. His fear of impending danger was heightened when he saw the officer simply knocked over by the hurricane’s wind. Unlike McAnzen, in Corley the claim that an officer threatened him at gunpoint had not merit because it was never proven. It could be said that a gust of wind is not an immediate threat but that is not entirely true.The gust of wind was in fact an immediate threat of what was to come from the incoming hurricane. He knew that if a gust of wind was strong enough to knock down a grown man that the storm could easily kill him. 2. Prisoner has no time in which to make complaint to authorities about his danger; The second element, that the prisoner has no time to make a complaint about his danger, is easily met by the McAnzen case. Since he was arrested in the middle of existent hurricane weather he had no time to complain to authoriti es regarding his rationale for evading the danger.He was arrested without his viable reason even being considered. If the threat had been legitimate in Corley, Corley could have reported the incident to someone of authority instead of trying to handle the law himself. 3. Force or violence is not used in escape; and In the third element it states that force or violence is not used in escape. McAnzen used neither force nor violence because his escape was enabled after a natural occurrence of weather, the gust of wind, detained the officer.The argument cannot counter this because the gust of wind that knocked over the officer, allowing McAnzen to escape, was an act of nature not an act of force or violence. 4. A prisoner must intend to report immediately to proper authorities when he attains position of safety. The last element, that a prisoner must intend to report immediately to proper authorities when he attains position of safety, is the only element that is not clearly met by McAn zen but he is still likely to establish his defense.It is explicitly never met in Corley because he openly admits after the police collected him that he had no intentions of returning and would try to stay a free man as long as he could. McAnzen, on the hand doesn’t explicitly meet this element but has a completely different motive than the extreme one stated in Corley. He was forced leave the jurisdiction in which he was arrested to evade the danger of the approaching. He did not leave the jurisdiction to avoid his arrest; only to avoid the storm thus avoiding the impending danger.It will be countered that he should have immediately turned him self in. But neither who the proper authorities are nor when safety is obtained are explicitly defined. He could have believed the proper authorities were in the jurisdiction in which he was arrested. Thinking he should turn in himself in to Mississippi authorities would have given him no reason to do so when he arrived in Florida. It can be thought that he would turn himself in when returning home but his thought process was halted when he found his home had been completely destroyed.A reasonable person would have visited their home before reporting to authorities therefore this counterargument will not stand. CONCLUSION Both of McAnzen’s decisions, driving under the influence and escaping from custody, are criminal actions but they were necessarily committed to ensure his personal safety during the onset of Hurricane Katrina. He meets the individual elements of each charge that are required to establish the defense of necessity making his actions excusable. It is likely that the court will find that in his circumstances he made reasonable decisions.