Brand Identity And Brand Image Marketing Essay

Brand Identity And Brand Image Marketing Essay In business brand isnt a new theory. It is used by marketers from long time to identify their products from other competitors that have same product category. As Van Den Heever said the word brand comes from the old German word brandr which means to burn. (Lombard, 2007, p. 18)A Brand is a symbolic embodiment of all the information connected to the product and serves to create associations and expectations around it (Kalakumari Sekar, 2012)The traditional American definition of brand is, a name, term, sign, symbol, or design, or combination of them, which is intended to identify the goods or services of one seller or group of sellers and to differentiate them from those of competitors (Lee Zhang, 2000) 2.1.1 Brand identity and Brand image Brand image has been assigned different meanings from the day it was introduced into the marketing discipline by Gardner and Levy (1955). Some researches has define brand image as brand identity, but according to the recent studies that have claimed that brand image and brand identity are two different concepts but they are interchangeable. Moreover, there are four basics to understand and define the brand image, which are : 1)Brand image is an image in the mind created by the consumer.2) Consumers use their emotions and feelings to interpret the concept of brand image.3) Brand image is an idea fuelled by knowledge through marketing activities taken from the observation of consumer characteristics. 4) The perception of brand image designed in the mind of consumer is much more important than the actual one. However, Brand image is how a brand is perceived by consumers, while brand identity is the way that the company exposes the brand in the market, and how it wants to be perceived by the customers. Eventually, customers may not have the same image of the brand that the company presented. (Bian X., 2011) (Price, 2010) 2.1.2 Brand Power and Market Share According to Stobart (1994) brand power and dominant market share could be occurred through perceived product quality. Generally, entrepreneurs and managers have a great impact on creating power brands. They understand a need and desire of a specific group of customers then they create products and supply the associated services that satisfy those needs extremely well. Effective quality control procedures make sure they do things right the first time in delivering those products and services. Therefore, they achieve superior quality when they sell them the high quality with a less cost of lower quality competitors. Then, they advertise and promote the benefits and the advantages they got using those products. The customer perceives the high quality and the added value offered by the product. The result : a power brand is created and dominant share follows. (Vantamay, 2004) (draw brand power conceptual model) 2.1.3 Brand equity According to Kwok Keung Tam (2007), brand equity is the value premium that a company  realizes from a  product with a recognizable name as compared to its competitors. when Companies make their products memorable, easily recognizable using its name or symbol and superior in quality and reliability, this is the process of creating brand equity. Also, it depends on the number of people with habitual purchase, in that way it could also be a strategy used by the firm to generate cash flow because people arent buying just an ordinary product but they are buying unique value. However, when people are ready to pay more for a standard product instead of branded one, here the brand fails that means brand equity is negative. This might happen if a company caused a widely publicized environmental disaster or had a major product recall. So, when the company wants to expand its product line, it has to consider the brand equity conceptual model. (draw conceptual model) For the consumers, brand equity could present them information about the brand that improves their confidence while their purchasing process. Nevertheless, the brand equity could reduce the expenses of promotions because when brand equity is positive, brand image is positive too that means consumers dont focus on the short term promotion but on the whole brand. Brand equity has five major areas, which are Brand awareness, perceived quality, brand loyalty, brand association and brand positioning. Brand awareness is one of main determinants of brand equity. Brand awareness consist recognition of one particular brand which allows a potential customer to recognize about a specific product or services existence, and confirms that he or she has previously been exposed to it and creating brand awareness is one of the  key steps in promoting a product. (Csapà ³, 2010) In addition according to Kwok Keung Tam (2007) there is two tasks should be done to achieve brand awareness which are namely increasing brand name identity and associating it with the product class. Also, To raise brand awareness some techniques could be useful as advertising and celebrity endorsement. Furthermore, Using perceived quality strategy may lead to consumer satisfaction, which will be shown through perceived performance and expectation. As well, there are many definitions said by some scholars, as consumers perception towards tangible and non tangible characteristics of a product is perceived product quality. these characteristics may include some added value characteristics as performance, durability, conformance, features, serviceability, aesthetics and reliability etc. Moreover, sometimes the actual quality of the product doesnt confirm all these characteristics but the perceived quality of a product could be derived from consumers past experiences. (Vantamay, 2004) A consumer gives a brand loyalty by purchasing the same product or service over and over again rather than buying from other suppliers that sell the same product category. As well, brand loyalty could be defined as the degree of purchasing repeatedly the same brand by the same consumer within a product class. Brand association is the linkage that exist between a brand and the other nodes stored in memory (Korchia, 2007). Every company through consumer buyer research must understand its brand as well as competitors brands . Such a research studies existing and potential customers, past customers, industry experts, and intermediaries. A strong brand should be difficult to be copied by other companies, and such a powerful brand is associated with beliefs and values. (Ghodeswar, 2008) Brand positioning occurs when brand occupies a distinct position comparative to competing brands, in the mind of the customer. Companies use this brand positioning marketing strategy by differentiating the features and characteristics of their brands, or they try to create a specific image of the brand as luxurious, inexpensive, premium and utilitarian through advertising. Branding its all about adding psychological value on service, products and companies. Such value could be in the form of emotional links, beliefs, values, and feelings that people relate to the brand. Once a brand is positioned, it is very difficult to reposition it without destroying its credibility. (Lee Zhang, 2000) 2.2 Consumer Behavior Consumer behavior is the study of the processes involved when individuals or groups select, purchase, use, or dispose of products, services ideas, or experiences to satisfy needs and desires (Solomon, 2007, p. 7).In other words, it is a study focuses on how, what, why, and why people buy. In addition, it studies how people choose to spend their available resources time, money, and effort. 2.2.1 Consumer Buying Behavior The consumer buying behavior concept is the individuals and households who buy goods and services for personal consumption (Tam, 2007). For companies the buying decision is the most crucial part of their enterprise, yet no one really knows how the human brain makes that choice. Buying decisions are made at an unconscious level (Csapà ³, 2010). Furthermore, there are many theories explain the meaning of consumer buying behavior, one of them is Role theory. It suggests that consumers satisfying a need or desire, for this reason they change their consumption decisions, their evaluation criteria. The 7 Ps of marketing stimuli consumer buying behavior which are product, price, place of distribution, promotion, people, process, and physical evidence (KHOURY, 2008) Moreover, there are many factors called buyers characteristics that affect the buying behavior, which are economical, cultural, personal, psychological and social. All these inputs enter the buyers middle box, then many consumers responses observed as product choice, brand choice, dealer choice, purchase timing, and purchase amount. (Csapà ³, 2010) (conceptual model vanda article) 2.2.2 Factors Affecting Consumer Buying Behavior Culture factors: Buyer culture, subculture, and social class are factors that affect consumer buying behavior. Culture is the piece of every society and behavior of people is deeply influenced by their culture. Moreover, Culture is the collection of beliefs, behavior, values, customs and attitudes. Marketers should be careful by analyzing every culture because needs, wants and buying behavior vary from country to other. Culture is divided to many subcultures, and each subculture is a group of people with mutual value systems based on common life situations and experiences. Moreover, subcultures includes nationalities, religious, racial groups, and geographic regions. Marketers should segment the market into different small portions using these groups. Every society contains many social class(upper class, middle class, working class and lower class) which are determined by different factors such income, education , wealth and occupation. These social classes are used by marketers in market segmentation, and it is an important factor because all similar social classes recommend same marketing strategy and every social class its members shares same interests, values and beliefs. (Griffin Pustay, 2003) Social factors : Social factors which are reference groups, family, role and status also influence the buying behavior of consumers . Reference groups could form the attitude or behavior of a person. The impact of reference groups varies according to products and brands types. As an example if the product is visible as clothes, the impact of reference groups is high. Moreover, there is a person who has special skills, knowledge or characteristics which called leader, his opinion is considered by a reference group in many societies. Family members could deeply influence buyer behavior. Hence marketers are trying to know every role of every person in a family, husband, wife, and children. However, they also try to find out who buys a specific product, if husband then they will try to target the men in their advertisements. So, here we should understand that buying roles vary with evolving consumer lifestyles. In the society, roles and status change from one person to other because every person is a member of a specific clubs, organizations or groups For example a husband is working as a coach of football team, that means he will buy the kind of clothing that reflects his and status in his work. (Csapà ³, 2010) Personal factors: Personal factors have impact on buying behavior, such as the buyers age and life cycle, occupation, lifestyle, and personality and self concept. Age and life cycle shape the consumer buying behavior. Purchasing of goods and services of people change with time because every stage of life has its own interests. Life-cycle of a family consists of diverse stages such as young single, unmarried couples, married couples which facilitate marketers to design specific products for each stage. Occupation of a person will affect his purchasing behavior. For example a accounting manager of an organization he should purchase business suits, but a regular or low position worker will purchase cheaper clothes. Economic situation of a consumer has great impact on his buying behavior. The more the income of a consumer is high the more his purchase will be high. However, a person with low income will purchase cheap products. Lifestyle is an important factor that affect strongly the buying behavior of people. lifestyle is a persons of living as expressed in his or her psychographics (Kotler Armstrong, Principles of Marketing, 2001, p. 146). Moreover, people coming from same subcultures, occupation, social class may have quite different lifestyle because lifestyle is determined by customer opinions, interests, activities (work, sports, shopping etc.) Personality varies from person to person, place to place and time to time. the behavior of a person it is his personality not what he wears or what he eats. Personality includes some characteristics such as : self confidence, positive attitude, dominance , active etc which could be useful to determine the selection of products or services for a person. Psychological factors: There are four factors affecting the consumer buying behavior, which are Perception, motivation, learning, beliefs and attitudes. Motivation level that affect the buying behavior. Every person has specific needs such as biological, social, and physiological needs etc. Moreover, these needs vary from one person to another because every person has priority in his needs, and some of these natural needs are pressing more than others. So, These needs which are pressing strongly become motive for a person to reach satisfaction. Perception is a process to produce a meaningful experience in the mind of consumers which contain three steps: Select, organize, and interpret information. Furthermore, there are three different perceptual methods. First method which is selective attention, this case is used by marketers to grab customers attention. Second method is selective distortion, this case is used to interpret the information available about the product in a way to support the customers beliefs. However, third method is selective retention, which is used to retain information that supports customers beliefs. Every customer has specific belief and attitude towards diverse products. However, some of these beliefs and attitudes marketers are interested in them because they affect buying behavior and make up brand image. Moreover, there are some campaigns done by marketers to change customers attitudes and beliefs. (Kotler Armstrong, Principles of Marketing, 2001)

Fallacies

I. Fallacies A. What are Fallacies B. Bandwagon Fallacy C. Either – Or Fallacy A fallacy is an error in reasoning in which the evidence given for the conclusion does not provide the needed degree of support. Fallacies are defects that weaken the speaker’s arguments when trying to persuade an audience while speaking. By preparing yourself to look for fallacies in your own and others’ writing you can strengthen your ability to avoid using fallacies.There are two important things to know about fallacies: One, fallacies arguments are very common and can be quite persuasive to the casual reader or listener. Two, it is sometimes hard to determine whether an argument is a fallacy. Your goal when preparing your speech should be to look critically at your own arguments separate them from the weak and move them towards the strong side. A bandwagon fallacy is based on an appeal to popular belief and behavior not on valid and logical points.An argument based on the bandwagon fallacy usually is similar to â€Å"everyone else does this so it must be true† or â€Å"everyone else does this so it must be right. † For instance, a television show is good because it has many viewers is an example of a fallacious bandwagon, because high viewership does not determine if the show is good or not. This can be effective because it suggests that by defying the claim one is defying the beliefs of everyone or of the vast majority of people. Many people are afraid that they will seem unintelligent if they challenge a belief that is supposedly held by most people.Either – Or fallacy occurs when a speaker makes a claim that presents an artificial range of choices when there are actually more options to choose from. Also referred to as false dilemma when someone accidentally or purposefully makes an argument confuses contradictory and contrary propositions. For example, he is breathing or he is not breathing is contradictory. Another example today is M onday or today is Tuesday which is a contrary statement. So basically either –or fallacy limits the listeners choices when they have so much more to choose from.

Relational Skills Reflection Paper Essay

The purpose of this paper is to allow me, the learner to analyze and reflect on a video created between an actor and themselves. Using my knowledge obtained I was to effectively incorporate trust, respect, honesty and effective communication, as they are key principles in establishing a relationship with a client (RNAO, 2002). During this experience, I encountered an issue that I believe is significant in my development as a nurse. I was placed into a scenario involving a 47 year old patient named John, who was waiting to be discharged after suffering his first heart attack. Finding the patients quietly sitting in a chair watching the floor as I entered the room, I felt the need to be in the moment with him. The issue that seemed significant to pay attention to in this scenario was my patient’s feelings of being overwhelmed by his medical condition and the changes that needed to be made (Appendix A). Sitting within good distance and showing respectable body language showed him respect, while acknowledging he had my full attention was displayed to the patient by making comments such as yes and I understand (Appendix A). Through the use of open-ended questions, I was able to identify what was meaningful and concerning to john. John showed a lot of concern around his ability to care for himself so this doesn’t happen again, and being able to support his family (Appendix A). Knowing his concerns, I was then able to acquire the necessary knowledge needed to participate effectively in our nurse-client relationship (RNAO). This experience has allowed me to develop further in my role as a nurse. My patients comment on how our encounter gave him more encouragement to face his challenges was proof that my communication methods were effective in developing a therapeutic relationship (Appendix A). The opportunity to set aside my own concerns and focusing on the patients, allowed me to be in the moment with the patients. In those moments, the experience helped me become a better nurse as my actions made me feel more confident after each successful encounter. Watching his facial expressions and drawing in his positive responses allowed me to watch him develop confidence in my ability to care and in turn, allowe d me to develop confidence in myself (Appendix A). The significant actors in this experience were the individual playing the part of â€Å"John† and myself, the nurse attending to the patients needs. My role in the scenario was to identify the concerns of the patient and help them to obtain knowledge. Providing  resources for my patient gave him options that were specific to his concerns such as a well balanced diet and proper exercise. The options of meeting with a nutritionist to help make healthy meal choices, and with a physiotherapist to help develop custom exercises to take with him on the road encouraged John to change his routines (Appendix A). Taking note of my patient’s feelings of being overwhelmed by his heart attack, I was able to give him some comfort when offering to find an individual recovering from a heart attack that would be willing to sit down and share their life stories and methods of coping (Appendix A). The patient’s role in this experience was to help create a therapeutic relationship. I first observed my patient with her arms and legs crossed and staring down at the floor with concerned look on his face (Appendix A). Comparing the first image to the end of the scenario showed an individual that was interested in making a change, a smile on his face and as he stated, an â€Å"encouraged† perception of his health (Appendix A). The client was in need of direction and help with making the appropriate changes to ensure a healthy lifestyle after having his heart attack. I was able to provide her with resources such as a nutritionist, physiotherapist and social support to adjust to life changes (Appendix A). While meeting the needs of my patient, I was successful in completing my own personal needs. Coming into the experience with knowledge of possible resources available, the anxiety present upon introduction had disappeared after gaining acceptance from my patient through effective communication. The development of a therapeutic relationship allowed both the pat ient and I to gain from the experience. The patient left feeling encouraged and satisfied, as I felt successful and confident in how I handled the situation (appendix A). Before the taping of the scenario began, I was trying to achieve the perfect scenario while presenting a professional image of a nurse. I acted the way I did due to the lack of experience in the spotlight and I allowed my nerves affect my thought process. This is demonstrated throughout the entire video as I kept returning to the same question â€Å"are there any concerns you have†, and trying to solve the patients problem instead of helping them understand and cope with the emotions that are attached to the experience (Appendix A). My feelings, thoughts and responses during this experience were influenced  by my personal view and the presence of my preceptor placed me in a nervous state to which I became unsure of how to respond properly to my patient’s thoughts. This experience allowed me to feel capable of my skill levels and feel confident as a nurse. Overall this scenario showed perception of my growth through the friendly gestures and facial expressions of the p atient. Anxiety and stress diminish communication, interpersonal effectiveness and empathy within a nurse-patient relationship (Beddoe and Murphy, 2004). Lack the knowledge and understanding of why I am feeling this anxiety, even with positive reflections on my experience, allowed me to evaluate what I did wrong. Future encounters will help me to reflect on the scenario and blindside my anxiety before it has an effect on my actions. Having a limited amount of empirical knowledge made it challenging to let the patient know exactly what to expect after having a heart attack and what daily routines have to be adjusted. Obtaining empirical knowledge from my education regarding the components of a nurse-client relationship reminded me that I needed to place the power into my patient and develop respect and trust within the relationship (CNO, 2004). Personal knowledge was limited in this scenario as it was my first time being placed in the spotlight with a patient and I was unsure of how everything would unfold. Introducing my aesthetic knowledge was shown when I offered to find John an individual recovering from a heart attack that he could speak with (Appendix A). Throughout the experience, I became more aware of the patients feelings as I picked up on Johns overwhelmed feelings and concerns around providing for his wife and son (Appendix A). This perception of the experience is seen as John believe that he should have seen the heart attack coming before it occurred (Appendix A). He stated the he felt encouraged by this experience and felt he had more options to seek. The wife was more of a background actor, but was said to be a â€Å"sweet woman†, who has helped a lot throughout the experience (Appendix A). Valuing ones beliefs and concerns based on an experience is something all nurses should consider. Giving John multiple options and resources to consider instead of telling him what he has to do, have given him the power to make all the necessary changes within his life with the help of his wife and son (Appendix A). If I was given the opportunity to be placed in a similar situation in the  future, I believe that my anxiety would still be present, but more control over the situation would be noticeable due to the knowledge I have developed on therapeutic relationships. The relationship skills that I could have performed differently during this experience, was my self-awareness of human emotions. My nerves had played a role in distracting my train of thought when trying to be in the moment with the patient. Repeatedly asking the patient if he had any other concerns he would like to address may have given him the feeling of being rushed and that I was not interested in how he was feeling emotionally (Appendix A). On a few occasions, I would finish my patients sentence for him as I felt he was stuck for words, this may have allowed the patient to know I was listening to what he was saying, but also might have given him the idea that I was being rude (Appendix A). During the introduction stage of the experience, my patient told me he was in the hospital due to a heart attack. Empathy is the appreciation of the patient’s emotions and expression of awareness of what they are presenting (Haslam, 2007). My nerves caused me to overlook his feelings and just right into asking him about any concerns he might have with his state of health (Appendix A). It is possible to slip into a task-and time-orientated way of thinking to get jobs done, thereby neglecting effective communication with patients (Cocker, 2008). Consequences that may have developed from overlooking the patients feelings was the challenge of developing a closer relationship with the client as I was interested in obtaining information to help me solve his problems. Rushing my patient through the experience may have caused him to close himself off from the relationship as he may have felt that I was not listening to what he was truly feeling. This would leave the patient in the same state he had entered the experience with. The sources of knowledge that I could use to enhance my relational skills in these areas, is to take the time to practice with a partner a variety of scenarios that would help me develop my communication skills and place more focus on the patients feelings. The outcome of this experience was positive as my patient left feeling more encouraged and had obtained multiple resources to help him incorporate any changes that he may need to adjust within his daily routines (Appendix A). Looking back at this experience I was able to reflect on all of the positive  and negative aspects of a therapeutic relationship. I feel that the next time I am placed in a similar experience, I will be able to blindside my anxiety and personal thoughts and feelings. In turn, I would have the ability to be in the moment with my patients and address not only how I can help solve his problems, but also the feelings and thoughts being experienced. I have learnt that having self awareness identifies what skills I possess and those I need to learn and develop on. Self awareness provides nurses with knowledge of their thoughts, feelings and what they do to become awareness of issues that may affect their ability to intervene effectively (Parsons & White, 2008). Ther e will always be room to learn and improve my skills, and with practice, I will get the chance to watch them become second nature to me. This experience has taught me to avoid all the barriers such as the presence of anxiety in new situations. With confidence in creating an effective therapeutic relationship, I can focus on being in the moment with the patient. I have learnt that my anxiety can affect my interactions with patients, and that it is more than trying to solve the patients problems, it is about showing you care and being there in the moment to listen. This experience has allowed me to realize how a nurse’s action can affect the development of a therapeutic relationship. My ethical knowledge allowed me to recognize my patients overwhelmed feelings due to his health condition and by following my values and beliefs, I knew that he was in need of someone to care and help guide him in the right direction. Using my aesthetic knowledge, I was able to think of possible resources for my patient, and the creative idea of finding a previous heart attack patient showed my patient that I was willing to take that extra step and comfort his feelings. The knowledge gained from this experience can be incorporated into future situations and will allow for proper adjustments and better relationships to be developed. Lacking empirical knowledge before entering the scenario was a barrier that challenged my patient care. Knowing more information on heart attacks would have allowed me to present the patient with more options and what he could expect in the future (RNAO, 2002). Acknowledging my personal knowledge gathered from previous experiences, I considered how I would like to be treated and that anxiety would be present. Knowing this helped me to reduce my fidgeting and respect my patient by actively listening and keeping eye contact (Appendix A). This experience  will influence my future practice as a nurse because I have learnt that nursing is more than working on fixing the patients physical needs, but is more of an ethical interaction where you can take the time to be there in the moment with them. Looking at each experience as a stepping stone toward my success as a nurse and with each successful hurdle crossed, I can confidently await the next. â€Æ'Reference Beddoe, A., and Murphy, S. (2004). Does Mindfulness Decrease Stress and Foster Empathy Among Nursing Students? Journal of Nursing Education, 43(7), 305-12. Retrieved April 4, 2008, from ProQuest Nursing & Allied Health Source database. (Document ID: 669281021). Carper, B.A. (1978) Fundamental Patterns of Knowing in Nursing. New York. Aspen Publishers, Inc. Cocker, J. (2008). Patient dignity. Nursing Standard, 22(25), 59-60. Retrieved April 4, 2008, from ProQuest Nursing & Allied Health Source database. (Document ID: 1440306621). College of Nurses of Ontario (CNO), (2004, January). CNO Practice Standard: Therapeutic Nurse-Client Relationship. Retrieved February 15, 2008, from http://cno.org/docs/prac/41033_Therapeutic.pdfHaslam, N. (2007). Humanising medical practice: the role of empathy. Medical Journal of Australia, 187(7), 381-2. Retrieved April 4, 2008, from ProQuest Nursing & Allied Health Source database. (Document ID: 1374608891). Parsons,A., and White, J. (2008). Learning from reflection on intramuscular injections. Nursing Standard, 22(17), 35-40. Retrieved April 4, 2008, from ProQuest Nursing & Allied Health Source database. (Document ID: 1413949861). Registered Nurses of Ontario (RNAO), (2002, Novemeber). Best Practice Guidelines: Establishing Therapeutic Relationships. Retrieved January 15, 2008 from http://www.rnao.org/bestpractices/completed_guidelines/BPG_Guide_C2_TR.asp

Capital Punishment Persuasive Essay - 1786 Words

Nearly half of the world today has capital punishment laws in place. With a large percentage of those countries, maintaining moratoriums for more than 10 years. and the other half of the country s abolishing capital punishment . Here in the United States, we practice capital punishment for those that commit some of the most heinous of offenses . The United State has struggled to justify capital punishment with 18 states abolishing the practice and almost all states having a history of abolishment at one point in their history. In the poem Capital Punishment the narrator gives us a description of a post execution from the perspective of a cook preparing the last meal. The cook never comes out directly and tells us he is against the execution of his fellow inmate ,but he gives us the idea that he is sympathetic to what is about to happen to his fellow inmate. The poem starts out with the cook telling us that condemned Indian man s last meal was meager and simple. Then the stanza(I am n ot a witness)(Alexie) is placed for the first time out of five in the poem not to indicate that he was or was not a witness to something, but to let the reader know that he was speaking of things he might not be right about. His use of this phrase is used to let the reader know that he was about change ideas and the reader a new point about why the death penalty is wrong. The author also used parentheses instead of any other punctuation with the remark not to quantify his statement in theShow MoreRelatedPersuasive Essay : Capital Punishment1200 Words   |  5 PagesPersuasive Essay Ethan Martin Communications 100 October 18th 2015 Capital Punishment Capital punishment, which is also known as the death penalty, is the punishment of a crime by execution. This extreme retribution is reserved for those who have committed heinous, or capital crimes against society, therefore considered an ongoing threat. 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They can no longer redeem themselves, atone for their sins, and try to contribute to society in a good, well-mannered way because they will no longer exist in this world. This act of ‘justice’ is clearlyRead MoreCapital Punishment : Persuasive Essay1844 Words   |  8 PagesDeAnna Pirrie ENG 201 Troxell A2D1 Illegalization of Capital Punishment Audience: Citizens of States with Capital Punishment â€Å"Two wrongs don’t make a right† is a saying that a lot of mothers use with their children regarding their actions. This saying also goes hand in hand with the issue of capital punishment. Capital punishment has been a penalty for crimes in the United States since before the Declaration of Independence was created. Some states have abolished this type of penalty for criminals;