Saturday 20 December 2014

Research on Juvenile competency to stand trial







Research on Juvenile competency to stand trial

In the judicial systems, the ability of the courts to deliver just rulings depends on whether the accused is competent to stand trial. An individual is competent to stand trial if he/she understands the charges, is able to participate fully in the defense proceedings and also understands his/ her constitutional rights. In this regard, forensic psychology is a necessity in determining an individual’s competency to stand trial. Through research, experimentation and data analysis; forensic psychologists are able to come up with important theories and policies that are relevant the assessment of juvenile competency to stand trial. Therefore, forensic psychologists are not only involved in the application of clinical psychology to the judicial systems but are key stakeholders in policy making.

In the research by Lawrence Steinberg and Elizabeth Scott on “less guilty by reason of adolescence,” the impacts of child growth and development were widely explored. Steinberg and Scott, in the analysis of the adolescents’ physiology; found that young people acquire unpredictable behaviors due to hormonal imbalance (Steinberg, & Scott, 2003). This prompts them to act irrational hence are susceptible to criminal activities. The research also found that the level of maturity and brain development of the teenagers affect their ability to avoid criminal activities. Steinberg and Scott stated that due to immaturity, adolescents fail to differentiate between normal games and actions that break the law (Steinberg, & Scott, 2003).
Lawrence Steinberg and Elizabeth Scott argued that under the criminal law; less penalties should be imposed when: the actors mind is diminished, coerced or when an individual acts out of character.  In this regard, they suggested that adolescents are not only immature but are also under the effects of hormonal imbalance which impairs their ability to make rational judgment (Steinberg, & Scott, 2003). In addition, they Steinberg and Scott argued that the society expects teenagers to be rebellious to certain norms in the society hence they are not competent to stand trial for petty crimes. Therefore, it would be inhumane and harsh to allow young individuals who unwillingly commit crimes (due to their physiological and psychological development) to be subjected to laws similar to that of adults.
A forensic psychologist can use the Steinberg and Scott research in the analysis of juveniles’ competency to stand trial since the research brought an in-depth understanding of the physiological factors facing adolescents. Through the Scott’s research, forensic psychologists would be able to improvise the competency assessment tools such as the MacArthur competency assessment and the interdisciplinary fitness review so as to suit the conditions of the adolescents. This would enable accurate determination of juveniles’ competency to stand trial since it would incorporate the assessment of maturity levels of the teenagers. Moreover, the Steinberg and Scott research provides the basis for more studies in the area of adolescent susceptibility to crime hence contributing to future policies on juvenile competency to stand trial.
In conclusion, forensic psychologists not only provide scholarly testimonies in the court systems but are also involved in the data research and analysis. Hence, they are essential in the application of the law to different groups in the society. The research by Scott and Steinberg found that adolescents are susceptible to criminal activities due to their physiological and psychological developments. This is as a result of hormonal imbalance and response to some environmental factors. Therefore, using the Steinberg and Scott’s research, forensic psychologists would be able to shape certain policies regarding juvenile competency to stand trial hence ensuring fairness in justice delivery.
Reference list
Steinberg, L,. & Scott,. E. (2003). Less guilty by reason of adolescence. American psychologist journal 58(12)






The Kariba Dam case study- Measuring Social impact investing


 
The Kariba Dam case study- Measuring Social impact investing

Introduction
The Kariba dam project has not only had an economical impact to Zambia and Zimbabwe; but has also had a social impact to the two countries. As a result of its power generation, the industrial sector of both countries has significantly grown over the last 50 years. In addition, the Kariba dam project has resulted in the development of irrigation schemes, creation of employment, source of government revenue etc. Through the analysis of the financial aspects of Kariba dam project; this essay therefore aims at understanding social and environmental impact of development projects into financial decision making.

Kariba dam Project Valuation
In order to estimate Kariba dam’s project value; a combination of valuation models would be incorporated. This includes: asset based valuation model, earning approach valuation model and the market value approach valuation model.
Asset based valuation model
In this model, the net value of all assets should be accounted and the project’s liabilities subtracted from them. This information can be easily availed through government data, or even the project’s balance sheets. In addition, asset based valuation can also be determined by accounting for the net cash received for the sale of the project (privatization). For the Kariba dam project; this model would tend to attach monetary value on the impacts of physical assets on social/economic growth. In this regard, externalities created through the interaction of the project’s assets with other factors in the economy would be addressed.
Earning approach valuation model
This valuation model involves prediction of future earnings by examining the previous records and trends in the incomes from the project (Sweo, 2013). Hence, the valuator would be required to assess the value of the impact of the project in regards to future risks, uncertainties and its probable success.  However, in order to make this model more effective; the project valuation team should be able to account for earnings resulting from the externalities. This could be done through a comprehensive research study on the nature of the externalities and their impacts on individual earnings.
Market value approach model
This valuation model involves research and analysis of similar projects in the region. Through research, the stakeholders would be able to make relevant comparison of earnings, future prospects and expansion strategies for the project hence they would be able to make informed decisions (Richard, 2000). For example, in the case of Kariba dam; an analysis of neighboring power plant projects in the Southern African region would be made so as to determine the relative value of the impact of the project to social/economic activities in the region. In addition, the market value model should incorporate an analysis of the impacts of the project to various externalities. This may be through market research and accounting for inter-relationship between different industries in the market.

Positive aspects of the combined valuation method
A combination of asset, earning approach and market value approach valuation models; not only reveals the project’s value but brings about an in depth understanding of its future prospects. This is essential in financing expensive and long term projects which are risky in nature. Also, the multi-facet approach would enable the valuators to capture aspects that may have previously been ignored by the use of one valuation model.
Moreover, by incorporating the market valuation model; the valuators would be able to correct probable operational mistakes and improve on the efficiency of the project. In this regard, the interaction with other stakeholders in the industry may form the basis of new ideas for the project development.

Negative aspects of combined valuation method
Poor coordination of the combined valuation models may lead to recording of inaccurate results of the project value. This may be due to double considerations of factors that may appear on both sides of the valuation models. In essence, inaccurate data may be misleading to both investors and stakeholders of the project and hence may to unplanned losses.

Reasons for the Kariba dam project
The main reason for the construction of Kariba dam was to generate electricity and also to supply water for irrigation.
Hydro-electric generation
As a result on industrial revolution, there was need for industrial power in both Zambia and Zimbabwe especially in the region’s copper mines. The Zambezi River proved to be an essential asset for the generation of hydro-electric power both for domestic and industrial use. Due to its massive water reservoir, the dam is thus generates 1600MW of electricity with an annual power of about 6400 GWh.

Irrigation
In order to boost the food security of the Tonga people (natives of the Kariba region); the project was to provide constant supply of water for irrigation. Through irrigation, the people would not have to depend on the seasonal rains hence boosting their agricultural activities. However, in recent years, the respective governments have encouraged the locals in the Kariba region to invest in cash crop farming due to their higher monetary income.
Control flooding
 The Zambezi River normally floods as a result of heavy rains in the surrounding highland areas. By controlling the flow of water in the Zambezi River; the project aimed at controlling flooding during the rainy season. Hence, people would comfortably be able to settle downstream in the flood plains without risks of flooding and loss property.

Has the project achieved its objectives?
Financial objectives
The Kariba dam project has been able to achieve its financial objectives over the past decades. The hydro-electric generation plant has a constant demand of power from the surrounding industries, cities and private homes hence enabling both governments to collect large amounts of revenue.
In addition, through irrigation; the surrounding regions have been able to grow important cash crops which generate revenue through exports. Moreover, the project’s ability to control flow of the Zambezi River may be viewed as a land reclamation method in the floodplains. In this regard, the suitable agricultural and settlement land acquired from the flood plains of Zambezi River have contributed to the project’s financial objective. Therefore, in my opinion; the Kariba dam project has surpassed its financial obligations by generating enough funds to the economy of both Zambia and Zimbabwe.

Social/economic objectives
Apart from hydro-electric power generation and irrigation; the Kariba dam project has contributed to various sectors of the economy. First, the project has led to creation of employment in areas such as environmental conservation, tourism, fishing, health, transport etc. hence solving the problem of unemployment in the region. Secondly, project has led to infrastructural development in the two countries. The revenues generated from the project have helped to build roads, hospitals, schools etc hence improving the leaving standards of the people in the Kariba dam region. Therefore, the Kariba dam project has fulfilled its social/economic objectives.

Project finance as a tool for development
The project finance model is used as a tool for assessing the feasibility of the project. In this regard, a project finance model should be able to analyze the variables needed for forecasting revenues, variables for determining future expenses, capital expenditures and finances. This would be able to determine the amount of cash the project would be generating for the repayments of debts used to finance the project.

In cases where the required finance involves a large amount of money; the investors may request to analyze the project finance model. This would enable them to estimate their projected returns and risks involved in the business venture.

Challenges of incorporating external factors in the finance model
The finance model needs to be accurate and precise in order for the relevant stakeholders to make necessary financial assumptions and analysis. Incorporating external factors to the finance model not only makes the calculation process complex; but introduces many errors and assumptions due to absence of exact figures. In this regard, external factors make it hard for the valuation of the debt service coverage ratio (DSCR).

Project enhancement
The project finance model can be restructured in various ways so as to improve the returns on investments, maximum positive socio-economic returns to the affected communities and minimize negative externalities relating to the project.
Ways of improving the project’s ROI
In every investment in a project; the investors expect make a given amount of profit. In this regard, a project like Kariba dam may increase its returns on investments through the following methods:
Diversification of the project
Even though the main purpose of Kariba dam project was to generate hydro-electric power and provide water for irrigation in the surrounding regions; the project can be diversified to encompass other areas of the economy. In this regard, the authorities managing the water project could introduce specific types of marine life which could act as a tourist attraction hence generating more income. Also, Zambezi river authority could build a larger fresh water supply and pumping unit that would hence supply large amounts of fresh water to the nearby town for domestic and industrial use.
Moreover, the irrigation project initiated on the downstream of the dam has not been well developed due to lack of funding and poor education of the local communities. In this regard, the modernization of the irrigation schemes would help to generate more income hence boosting the project’s returns on investments.

Improving the project’s management
Improving Kariba dam’s operation efficiency would eliminate loses hence increasing the project’s returns on investments. The efficiency could be improved through constant maintenance of the power generating machines, overall maintenance of the dam, competent employees, automation etc. Through proper management, problems facing the project would be easily identified and solved thus resulting to increased returns on investments (Pettinger, 2006).

Ways to maximize social/economic benefits to the community
The success of the project largely depends on the co-operation of the affected community. In order for the project to have maximum community development; the Kariba dam project management team should:
Invest in community infrastructure, health and education
The project team should ensure that a percentage of the generated revenues would be channeled into community development projects. This would include funding the construction of roads, construction of schools, free supply of clean water, construction of health facilities etc. hence, contributing to socio/economic development.
Provision of employment opportunities to the local community
The project can be an important source of employment to the local community. People could be employed in the maintenance of the power plant, in the irrigation projects, environmental conservation projects, etc. In addition, by developing other supporting industries such as fishing, tourism, and transport etc. the project would be able to create additional sources of employment to the surrounding community.

Ways to minimize negative externalities relating to the project
In the case of Kariba dam, negative externalities may arise from forced evacuation of people due to the dam construction, transmission of water borne illnesses as a result of the large water body, negative environmental effects etc. Such negative externalities of the project can be prevented through:
Proper compensation of displaced persons
Since the dam construction required a vast area of land, the relevant authorities should ensure that the displaced persons receive the correct amount of compensation. This should not only account for the property losses but also include the compensation through the inconveniences of relocating. In addition, long term compensation strategies should be emphasized. This may include giving jobs to the displaced persons so that they could continue benefitting from the project.
Measures to curb water borne diseases
As a preventive measure for curbing water-borne diseases in the region, the local communities would have to be educated on the importance of maintaining higher levels of hygiene. In addition, the provision of clean water to the public would facilitate the prevention of water-borne diseases. Moreover, the dam project should be able to fund local hospitals so as to subsidize the costs of treating water-borne diseases in the region.
Environmental conservation
The development of the project would ultimately lead to urbanization which in essence would contribute to environmental pollution. The project management team should be able to come up with ways of conserving the environment of the dam. This may include proper waste disposal methods, tree planting, wildlife conservation etc (Kotler, & Lee, 2004).

Kariba dam financial valuation model
In the first phase of the project (1955-1958), about $135 million USD was used. The project was later upgraded in 1977 so as to provide more electric power at a cost of about $480 million USD. In the creation of a valuation model, several assumptions can be made:

Assumptions:
Ø    The cash inflow from the project is uneven
Ø    The assets of the project have minimal depreciation rates
Ø    The project has minimal long term stoppages due to maintenance
Ø    Total initial investment= 135million + 480million
=$615 million USD

Net present value (NPV)
In the analysis of the cash inflow of the project for a period of 4 years; the following values can be assumed

Cash inflow of year 1= $250 million USD
Cash inflow of year 2= $255 million USD
Cash inflow of year 3= $252 million USD
Cash inflow of year 4= $260 million USD
Assuming 18% rate of returns

NPV= {[Y1/(1+i)1 + Y2/(1+i)2 + Y3/(1+i)3 + Y4/(1+i)4] – initial investment}


Where;
i- The target rate of returns per period
Y1- 1st period net cash inflow
Y2- 2nd period net cash inflow
Y3- 3rd period net cash inflow
Y4- 4th period net cash inflow


Year 1
Year 2
Year 3
Year 4
Net cash inflow (Million USD)
250
255
252
260
Salvage value (net inflow ÷ (1+i)n)
[250 ÷ (1+0.18)1]

[255÷ (1+0.18)2]
[252 ÷ (1+0.18)3]
[260 ÷ (1+0.18)4]

Present value of cash flow
211.86
183.14
153.37
134.11

Total present values of inflows (TPV)
 211.86 + 183.14 + 153.37 + 134.11
=682.48

Net present value= Total present value – initial investment
                        = 682.48 – 615
                        = 67.48 million USD

Hence, it can be deduced that the project is sufficiently viable due to its reasonable NPV value.

Weighted average cost of capital (WACC)
WACC is used to determine the rate at which the project would pay its financers. In this regard, it stipulates the minimum amount of cash that the project should generate in order to satisfy the project owners, shareholders, and the financers of stock etc. WACC can be calculated through:

WACC= (E/V) x Re + (D/V) x Rd (1-Tc)

Where;
E- Market value for the project’s equity
D- The project’s debt market value
Re- Cost of equity
Rd- Cost of debt
V= total value of the project (E+D)
And Tc- Tax rates as required by the authorities

Assumptions:
·                     Market value of the project’s equity= $500 million USD
·                     Market value of the project’s debt = $115 million USD
·                     Cost of equity= 0.6
·                     Cost of debt= 0.5
·                     Tax rate of 20 %
 Hence Total value of the project = 115 + 500
                                                            =615 million USD

Therefore;
WACC= (E/V) x Re + (D/V) x Rd (1-Tc)
            = (500/615) x 0.6 + (115/615) x 0.5 x (1- 0.20)
            =0.56

Analysis:
This implies that for every dollar invested into the capital; 0.56% of the returns would be used to pay off the financers of the project. Through calculations of WACC, the project management may be able to vary project financing from equity or debt in order to achieve minimal payment rates to its financers.

Social and environmental risk factors
As a result of minimal technological advancement in the 1950’s, the Kariba dam project was manually planned hence the analysis of the social/economic and environmental factors was not comprehensive. First, the project failed to fully analyze the effect of the large water body on the surrounding eco-system. As a result, tropical diseases often affect the inhabitants of the region.
Secondly, the project lacked a clear financial strategy in the irrigation sector. Due to lack of financial planning, the project faced a risk of not meeting its objective. Such a plan would have enabled maximum utilization of the project hence higher ROI from the project.
On the other hand, the planning of the project did not encompass environmental risk factors such as flooding or mechanical failure of the dam. In recent years, studies have shown that Kariba dam’s strength has tremendously weakened hence it’s faced with a risk of collapsing. This exposes the community leaving around to unexpected loss of property and may also lead to climatic change in the region.
Conclusion
In conclusion, the valuation of the Kariba dam project can be critically analyzed through a combination of asset, earning approach and market approach valuation models. Even though the project was initially formed for power generation and water irrigation; its diversification and proper management may be able to increase its ROI. In addition, the project should be involved in community development and environmental conservation measures. Finally, analysis of the project’s financial model by considering the NPV and the WACC is essential for determining its overall viability.























Reference list
Kotler, P,. & Lee,. N. 2004. ‘Corporate social responsibility’ New York: Wiley Publishers. Pp 86
Pettinger, R (2006) Introduction to management. London:  Palgrave Macmillan. Print
Richard, E.,R. 2000. ‘Developing strategic alliances’ Mississauga: Crisp learning publishers. Pp 23
Sweo, R. (2013). International business: a practical approach. New York: Create Space independent publishing. Print