The American Experiment Essay Example | Topics and Well Written Essays - 500 words

The American Experiment - Essay Example Jurists make their deliberations under the cloak of secrecy hence it is very difficult to make out what happens in their discussion chambers. Legal policymakers have for a long time relied on untested intuitions on juries to make important decisions about both the scope and conduct of jury trials. However, empirical research on the functioning of the jury is gradually replacing this initial reliance on intuition, speculation, and anecdotes. There is a lot of information on the cognitive processing at trial as well as dynamics of jury deliberations. In their research study, Zeisel and Kalven try to explain why and how members of the jury make their decisions (Murphy, Pritchett, Epstein & Knight, 2006). The authors refer to the whole jury system as an experiment but unfortunately with the conduct of serious human affairs. They describe how the Judiciary picks members of the Jury as one of the factors that make it an experiment. The authors state that the random choice of the Jurists and then the abrupt dismissal at the end of a trial makes it all the more experimental. They argue that most of the Jurists are not usually well versed with law terminologies and despite the Judge’s warnings; most of them often make their decision way early in the pre-trial phase. Zeisel and Kalven further state that the confidence in the jury system shows that the emotional and social aspects of the Jurists’ human nature were implicit in the formulation of this democratic ideal (Murphy, Pritchett, Epstein & Knight, 2006). According to their research, Jurists use two main phenomena when making their decisions, that is the punished-enough theory and decisions that have race as their basis. On the punished-enough theory, the authors argue that most Jurists make their decisions basing on their emotions rather than logic and the legal instructions that the Judge reads out to them at the beginning of a trial. They further use actual court records

Above-The-Line and Below-The-Line Advertising. Are they still Relevant Essay

Above-The-Line and Below-The-Line Advertising. Are they still Relevant - Essay Example 4).Traditionally, promotional activities are divided into above-the-line (ATL) and below-the-line (BTL). Mass media advertising through television, newspapers, radio, cinema, and outdoor advertising are above-the-line or ATL. All new communication tools are regarded as below-the-line or BTL measures (Muller, Florian, and Daniel, 2011, p. 4). Advertising is the most critical communication tool in the marketing mix (Meffert, Burmann, and Kirchgeorg, 2008).The terms ATL and BTL advertising came from agencies' balance sheets where different types of media are listed. Agency received a commission for ATL activities from media, while a separate fee is taken for BTL activities (Brierley, 2005, p.42). Despite its history, the division is fading as marketers' prefer a 3600 approach for their marketing activities today. This paper explores the terms above-the-line and below-the-line and their relevance, and identifies that the division is irrelevant when it comes to today's marketing practices . Above The Line Advertising Right from the early days, advertising activities are classified as: above-the-line (ATL) or below-the-line (BTL). Generally, mass media advertising is considered to be above the line advertising. It is conducted through television, newspapers, radio, and internet (Gaerig, 2012). ... nce, a product sample or coupon.BTL advertising methods include: price promotions and discounting, gift with purchase, loyalty incentives, coupons, prizes, competitions, monetary refunds, and point-of-sale display.BTL advertising is also considered to be "out of home" advertising or "direct marketing". Direct marketing, such as, direct mail, yellow pages, and telemarketing has been incorporated in the advertising expenses from past several years (Gaerig, 2012, p. 9). Smith and Jonathan (2004) argue that BTL is every other (than advertising) communication tool excluding sales force. Sales force is not included in either category. Most often, BTL refers to sales promotion and public relations (p.23). According to Winterberry Group's report (2006) on tracking the trends, ATL advertising includes traditional marketing channels targeted for mass audience. It includes message that reinforces: brand, general information about product or service, or stimulate an emotional response. On the ot her hand, BTL advertising initiatives work like traditional direct marketing efforts. They aim to establish targeted relationship between individual consumer and marketer. It also offers a comparable simplicity in measurements.ATL includes the measurable media (TV, radio, print, outdoor, and yellow pages) while BTL includes direct mail, direct response print, event marketing, direct response broadcast, and promotional and interactive marketing. The Line and its Relevance The concept of "line" originated from advertising accountancy during 1950s. It seems that marketing industry has always been discussed and distinguished by "the line. Both marketers and agencies are categorized on the basis of their expertise in either above-the-line or below-the-line advertising. Most often, marketers