Monday, January 27, 2020

Pepsi And Analysis Product Life Cycle

Pepsi And Analysis Product Life Cycle The PLC model is of some degree of usefulness to marketing managers, in that it is based on factual assumptions. Nevertheless, it is difficult for marketing management to gauge accurately where a product is on its PLC graph. A rise in sales per se is not necessarily evidence of growth. A fall in sales per se does not typify decline. Furthermore, some products do not (or to date, at the least, have not) experienced a decline. Coca Cola and Pepsi are examples of two products that have existed for many decades, but are still popular products all over the world. Both modes of cola have been in maturity for some years. Another factor is that differing products would possess different PLC shapes. A fad product would hold a steep sloped growth stage, a short maturity stage, and a steep sloped decline stage. A product such as Coca Cola and Pepsi would experience growth, but also a constant level of sales over a number of decades. It can probably be said that a given product (or products collectively within an industry) may hold a unique PLC shape, and the typical PLC model can only be used as a rough guide for marketing management. This is why its called the product life cycle. Pepsi-Cola is still second in the carbonated drinks market and remains in the shadow of Coca Cola in terms of market share, perception and image. (Business Week, 2010) However, Pepsis insightful marketing techniques (comic strips, television ads etc.) prevented a fall of its position in the beverage industry. The study shall aim to critically analyse the product life cycle of Pepsi and would further extend to assess the consumers behaviour and satisfaction towards Pepsi in New Delhi Market (India) Limitations: There are some limitations bound with this study, Such as shortage of funds, limited resources and Small sample size (n=100). The random sampling which will be used in this study may not represent the complete population. 1C. WHY IS THIS PARTICULAR TOPIC CHOSEN? By using diversification techniques and brand management, Pepsi was able to increase its volume of sales and get a stronger market position. Nowadays, Pepsis carbonated beverages division clearly remains behind the snack division in terms of profitability and share percentage of operation earnings. Our impression is that the profits of the snack division help create the illusion that the beverage sector is as successful as the management wishes it to be. The present study aims to analyse in detail the product life cycle of Pepsi in Indian market, the study shall also focus on analysing the consumers behaviour towards Pepsi in New Delhi market. 1D. WHAT CONTRIBUTION WOULD THE PROJECT MAKE? Brand loyalty is a buyers preference for the products of Pepsi. Pepsi can create brand loyalty through continuous advertising of brand and company names, patent protection of products, product innovation achieve through its research and development programs and emphasis on high product quality and good after-sales services. It is effective influence in the way in which people perceive the product or the company. By creating feelings of warmth, affection and belonging to a product, a firm is able to relate brand to human personalities. The study would contribute towards identifying the customer needs and expectation towards Pepsi in New Delhi 1 e. objectives and research questions of the study Research objectives To analyse the product life cycle of Pepsi To determine the customers behaviour and satisfaction level towards products of Pepsi in New Delhi market To know from the consumers about the specific reasons behind the preference of products of Pepsi over other Cola drinks Research Questions Why do consumers prefer Pepsi over other Cola drinks What attracts/draws consumers towards Pepsi in India? 2.0 METHODOLOGY AND METHODS OF ENQUIRY RESEARCH METHODOLOGY Research Methodology defines the purpose of the research, how it proceeds, how to measure progress and what constitute success with respect to the objectives determined for carrying out the research study. (Kothari, 2007) The appropriate research design formulated is detailed below. RESEARCH DESIGN The research design is the basic framework, which provides guidelines for the rest of the research process. (Prasad, 2006) The present research can be said to be exploratory. The research design determines the direction of the study throughout and the procedures to be followed. It determines the data collection method, sampling method, the fieldwork and so on. NATURE OF DATA PRIMARY DATA: Primary data is basically fresh data collected directly from the target respondents; it could be collected through Questionnaire Surveys, Interviews, Focus Group Discussions Etc. SECONDARY DATA: Secondary data that is already available and published .it could be internal and external source of data. Internal source: which originates from the specific field or area where research is carried out e.g. publish broachers, official reports etc. External source: This originates outside the field of study like books, periodicals, journals, newspapers and the Internet. DATA COLLECTION Primary data: Primary data will be selected from the sample by a self-administrated questionnaire in presence of the interviewer in New Delhi (India). SAMPLE SIZE The survey will be conducted among 100 respondents in New Delhi (India) Sample Area: New Delhi (India) Sample unit: It will not be possible for the investigator to survey all the consumers of Pepsi so this study is based on the sampling study that will be done on the sample size of 100 persons residing in Central Delhi (New Delhi-India), this central part of New Delhi is chosen for a simple reason that it is a wonderful mix of people belonging to middle class/upper middle class/higher class SECONDARY DATA: Secondary data will be collected through Articles, Reports, Journals, Magazines, Newspapers and Internet SAMPLING TECHNIQUE Random sampling technique is employed to extract the fruitful results. This includes the overall design, the sampling procedure, the data collection methods, the field methods and the analysis procedures SAMPLING PROCEDURE ACTUALLY EMPLOYED The process that will be employed to select the sample in New Delhi (India) is simple random sampling. Simple random sampling refers to that sampling technique in which each and every unit of the population has an equal and same opportunity of being on the sample. In simple random sampling, which item gets selected is just a matter of chance. ANALYTICAL TOOLS Simple statistical tools will be used in the present study to analyze and interpret the data collected from the field. The study will use percentiles method and the data will be presented in the form of tables and diagrams. INITIAL LITERATURE REVIEW Product life cycle management (or PLCM) is the succession of strategies used by business management as a product goes through its life cycle. The condition in which a product is sold (advertising, saturation) changes over time and must be managed as it moves through its succession of stages. Like human beings, products also have their own life-cycle. From birth to death human beings pass through various stages e.g. birth, growth, maturity, decline and death. A similar life-cycle is seen in the case of products. The product life cycle goes through multiple phases, involves many professional disciplines, and requires many skills, tools and processes. Product life cycle (PLC) has to do with the life of a product in the market with respect to business/commercial costs and sales measures. To say that a product has a life cycle is to assert four things: that products have a limited life, product sales pass through distinct stages, each posing different challenges, opportunities, and problems to the seller, profits rise and fall at different stages of product life cycle, and products require different marketing, financial, manufacturing, purchasing, and human resource strategies in each life cycle stage. There are many stages in a products life cycle, some of them are explained below: Stage Characteristics 1. Market introduction stage costs are high slow sales volumes to start little or no competition demand has to be created customers have to be prompted to try the product makes no money at this stage 2. Growth stage costs reduced due to economies of scale sales volume increases significantly profitability begins to rise public awareness increases competition begins to increase with a few new players in establishing market increased competition leads to price decreases 3. Maturity stage costs are lowered as a result of production volumes increasing and experience curve effects sales volume peaks and market saturation is reached increase in competitors entering the market prices tend to drop due to the proliferation of competing products brand differentiation and feature diversification is emphasized to maintain or increase market share Industrial profits go down 4. Saturation and decline stage costs become counter-optimal sales volume decline or stabilize prices, profitability diminish profit becomes more a challenge of production/distribution efficiency than increased sales It is claimed that every product has a life period, it is launched, it grows, and at some point, may die. A fair comment is that at least in the short term not all products or services die. Jeans may die, but clothes probably will not. Legal services or medical services may die, but depending on the social and political climate, probably will not. Even though its validity is questionable, it can offer a useful model for managers to keep at the back of their mind. Indeed, if their products are in the introductory or growth phases, or in that of decline, it perhaps should be at the front of their mind; for the predominant features of these phases may be those revolving around such life and death. Between these two extremes, it is salutary for them to have that vision of mortality in front of them. However, the most important aspect of product life-cycles is that, even under normal conditions, to all practical intents and purposes they often do not exist (hence, there needs to be more emphasis on model/reality mappings). In most markets the majority of the major brands have held their position for at least two decades. The dominant product life-cycle, that of the brand leaders which almost monopolize many markets, is therefore one of continuity. Studies shave revealed that the customers are attracted more towards the companies which are innovative in nature and enjoy good brand image in the market. Innovation is now a priority in most firms around the world just as quality was two decades ago. The challenge then was how to transform a quality program and results into a quality image. Today the need is to gain image credit for developing an innovative organization and a flow of innovative products. Having a reputation for creativity not only interjects energy and respect, but adds new product credibility to support a firms culture and strategy. Business Week recently ran a story on the 25 most innovative companies (e.g. Apple, Google, 3M, Toyota, Microsoft, G.E., Procter Gamble, Nokia, Starbucks, IBM and Samsung) as determined by a survey of over 1,000 executives. Among the ideas these firms used to foster innovation was freeing time to experiment, patent sharing, having an innovator-in-chief and developing innovation metric s. While interesting, the story made the unfortunate implication that a reputation for innovativeness was due to the current strategies, processes, culture and product flow of the firm and, further, that such a reputation would result in financial success. The reality is far different. Perceived innovativeness is driven by many factors, some reaching far into the past. One factor is undoubtedly the heritage of imagination. For over 50 years, 3M has been known for its philosophy of empowering innovators. Apple, the No. 1 firm in the survey, is still drawing on Steve Jobs legacy of the first Apple nearly 30 years ago. IBM gets credit for establishing the computer industry some five decades ago. G.E.s reputation may be influenced more by the legacy of the founder, Thomas Edison, than the Jeff Immelt revolution. (Aaker, 2006) The effect of brand awareness on buying decisions tends to regard product choice as a very intricate problem-solving process (Foxall, 1992). However, in many low involvement situations, consumers do not have the time, the resources, or the motivation to engage in such EPS processes. They are used to being passive recipients of product information, who need to spend minimal time and effort to determine brand choice (Foxall, 1992). A simple heuristic method, such as buying well-known brands used as a basis for brand choice when consumers undertake commonly repeated product purchases, may explain why firms marketing low involvement products often invest considerable sums of money into advertising, in order to generate and maintain brand awareness. (Hoyer, 1984) Brand awareness is a dominant factor in both initial (trial) and repeat-purchase decisions, even when the quality of the national brand was inferior to that of a non-national brand. Hoyer and Brown (1990) Similar conclusions were obtained in the replicated study of Macdonald and Sharp (2000), further evidencing the effect of brand awareness on purchase decisions. Familiarity with a brand has an influence on consumer confidence towards a brand, which, in turn, affects the intention to buy that brand (Laroche et al.1996). Familiarity is measured by the experience and information possessed by the consumer for a specific brand hence such information will exert some effects on purchase intentions, thus constructing one of the loyalty dimensions (Bloemer et al., 1999). If we look at the Pepsi-Cola Company from the outside, there has been a certain amount of repetitiveness in its development. By following the trends and focusing on how to lower the price as much as possible, they managed to create a successful company. By investing in the development of the bottling and distribution sector, Pepsi found their balance in the market. (Nels, 2008) Then in 1920s Pepsi-Cola Company failed because they didnt concentrate enough energy on branding. Within a few years Pepsi was declared bankrupt twice. By the end of the 1930s the company was reorganized from inside and the marketing policy drastically changed. Major investment was now directed towards making people more familiar with the product. After acquiring Mountain Dew, new sources of financing and revenue opportunities were needed because the acquisition was not an instant success. Therefore, in 1965 Pepsi merged with Frito Lay. In the 1980s the decreasing sales in the beverage market induced the industry to adjust with more aggressive marketing strategy and new products. In fact, Coke marketed a new cola formula, whereas Pepsi persisted with promotional efforts and improved customer responsiveness to increase sales volume. (Thomas and Alexander, 2005) Following these cyclical changes in the marketing policy of the firm (every 20 years there is a huge turn over), one could conclude that this is the time for PepsiCos to readjust. The circumstances underlying the merger with Quaker Oats are significant. Nowadays, the market is rapidly changing and its becoming saturated. The entrance into potential new markets is more complex than ever consequently, the only way for the company to expand is by gaining market share by mergers or strategic alliances. Furthermore, the marketing strategies in foreign markets like China and India are experiencing problems in customer responsiveness. Currently, the beverage sector is following a trend of continuous launch of new products in order to attract new customers. In this sense, the challenge for Pepsi is to be able to sustain such a trend and conversely, to remain a leader in their market.

Saturday, January 18, 2020

New York Times Essay

The newspaper serves as the first draft of history and is the most important source of primary documents in which historians use in order to better gauge exactly what were the concerns and motivations of a specific age. In 1900, America was celebrating a new century although there was little to celebrate. The Boar War in South Africa was taking far too long and costing far too many money and lives in what was perceived to be an invincible British Empire. A massive explosion in West Virginia killed dozens of miners and in China, the Boxer Rebellion; a Chinese nationalistic movement in which all foreigners were sought after and either expelled from the country or killed, was causing international headaches for America and President McKinley. The December 24, 1900 issue of the New York Times, the most prestigious newspaper in the country, detailed many of the aforementioned events as well as the smaller stories which never did make the history books but were vitally important for those who were involved. As 1900 was coming to a close and moving into what would be the bloodiest century in human history, the readers of that day, saw a world with no shortage of pessimistic news and depressing facts about the state of their world. In the backdrop of the Christmas season, the concern of the people of New York, as detailed in this issue of the New York Times, were detailing the hatred and strife which much of the world, and especially New York City had, in the day before Christmas.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The most important international issue of this day was the Boar War.   America would remain neutral in this war but with British soldiers deep in the heart of South Africa and fighting a war, the details commanded a position on the front page. The headline in the top left corner of page 1, â€Å"Boars Take British town,† detailed the pursuits of the British army in relation to the Boar War, which was ending its second year with no sign of victory. The war would continue from 1899-1902 and cost more lives and money than would ever have been conceived and historians marked this as the beginning of the end of the British Empire.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There were other important issues of the day. One issue which the people of New York were talking about that day was the firing of District Attorney Garnier by then governor Theodore Roosevelt. This story was seen on page 1 of the Times as well as a detailed editorial on page 6 of the paper. Theodore Roosevelt was seen as a free thinking Progressive Reformer who had no use for patronage, nor public opinion dictating his actions. He was one of the most unique Presidents this country ever had served in the White House. These aspects came through when Governor Roosevelt, under the idea that Garnier: â€Å"that he did not acknowledge the telegram of the governor directing attention to these officers†¦ and allowed his assets to interfere with the prompt trial of election cases.†[1] In other words, Garnier’s association with Tammany, the political force of the Democratic Party in which graft and patronage ran rampant, could not be separated from the demands of this office. In the election of 1900, it was asserted that Garnier had done little or nothing to stop the election tampering which the Republicans asserted had occurred. Governor Roosevelt believed this to be the case and promptly fired Garnier.   The New York Times, in their editorial, criticized this move, through the professed to be no friend of Garnier. â€Å"We think that the people’s rights and not Garnier’s are infringed by the action of Governor Roosevelt and are forced to condemn that action as a blunder in the nature of a crime.†[2] Tammany, since the days of Boss William Tweed, had been under a suspicion of grafting politicians and Roosevelt, always the reformer, sought to free New York City from the patronage which he felt was choking the lifeblood from the city. Tammany had been a source of patronage for decades and it sometimes served as the only source of employment for immigrants who were being ignored by the establishment. However, Tammany always ran under a cloud of suspicion for corruption and the reform candidates of that age, sought to starve Tammany of patronage. It is also interesting to note that since Governor Roosevelt was causing so much trouble, for both the Democrats as well as the Republicans, that he was placed on the Republican ticket as President McKinley’s Vice President in 1900 only a few months earlier as a way to silence him. Little did they know that the assassination of President McKinley in September 1901, propel Roosevelt onto the world political stage for the next 7  ½ years.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The newspaper also details the stories which never did make the history books. There are many one or two paragraph stories which served as life changing for those involved but which were quickly forgotten in a day or two by the rest of the public. One such story is of five year old Marie Horen who went into convulsions when she drank a bottle of whiskey as she copied what she had seen her father doing. She was rushed to the J. Hood Wright Hospital where her condition was deemed serious. Another story involves nine year old Nathan Roth who was shot in the head by one who the paper deemed crazy. He was shot in the head and the bullet exited the right eye of the boy. The boy was pronounced dead and the defendant, John Galletus, a father of three and one who had attempted to shoot others, was captured and sent away.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another negative aspect of this day in New York History was the number of fires that were reported. There was listed, sixteen fires that had occurred. One of these fires ripped through a tenement in which it was reported that there presumed to be, a number of victims but as the records of those living in these tenements were sketchy at best, it seems as though the exact count will never be known. It has been suspected that a number of these fires, especially the ones in which barns were being set ablaze, was suspected of being done by a group of sixteen years from the many notorious gangs which New York City housed.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It was also reported that Andrew Carnegie, the steel magnate, one who had originated from Scotland and had made his fortunes in steel, donated $20,000 for the assembly of a new library at the all black Tuskegee School in which Booker T. Washington founded and led. During these last years of his life, Carnegie sought o give away millions of dollars in the construction of libraries all across the country; from the large cities in America, to the small towns. He had earned his money through the ruthless exploitation of capitalism and now sought to right his wrongs and become a philanthropist and give money to support a new school at Tuskegee. This occurred at a time when only four years later, calls of treason arose from the South when President Roosevelt invited Booker T. Washington, a leader in the African American community to lunch in order to discuss the issues of the day concerning African Americans. It was reported that the entire building would be built from the hard work of the students themselves; a practice which had been adhered to when the school was first built. This speaks to the social culture of the day and is in contrast to the arrest of Ed. Johnson, a â€Å"dark† man who was suspected of kidnapping a woman. The story states, on page 1, that Mr. Johnson had been identified by a child witness as not having been the suspect but which did little to dissuade the authorities to immediately free Mr. Johnson.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Since this issue was dated Christmas Eve, there is also a religious aspect to this day as millions of Christians in the city were set to celebrate the birth of Jesus. This aspect of loving one’s neighbor which is seen more often around Christmas time than any other, was seen in a large advertisement which detailed the Salvation Army’s feeding of the poor as well as the performance of a passion play. These plays were designed to detail the last hours of Jesus before he was hung on the cross. These plays have served as a popular and touching aspect of the Christmas Season but which have become more popular during the Easter season. In this spirit of alms giving, the New York Protestant Episcopal Society was also feeding Christmas dinner to the poor. However, with New York City containing a large Jewish population, it was stated by the prominent rabbis of the city, that the Jewish people can enjoy this Christmas season, the joy and fulfillment which their fellow New Yorkers are experiencing this Christmas season but that Jews should be careful not to blend their appreciation for the enjoyment of others, with their own sense of faith, which it was stated, â€Å"has fundamental and final differences between Judaism and Christianity.†[3]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1900 was an important and event-packed year. Reading the newspapers, specifically the New York Times, serves as a reminder that ever day, there occurs events, large and small, important and socially irrelevant, that occur every day and which are important to the people it affects. In a city as large as New York City, there still occurs individual interest stories like the death of nine year old Nathan Roth or the case of five year old Maggie Enloin who went into convulsions after drinking a bottle of whiskey after seeing her father do the same. These stories occur every day, in every part of the country, as well as the world. Many times, they are not reported but in this day, December 24, 1900, the editors of The New York Times, felt that the tragic death of a nine year old to street violence, or the burnings of tenements on the Lower East Side, as well as the involvements of the Boxer Rebellion, the Boar War or the issues of patronage and corruption within the Tammany machine, all fell under the definition: â€Å"All the news that is fit to print.† This day in American History as well as New York History, saw a wide array of human interest stories, coupled with heavy issues and the larger questions of: â€Å"What role will political patronage serve in the city and how much damage can Governor Roosevelt make before he assumes the Vice Presidency? Are the problems of the tenements to only being reported or sill any actions are made to help the poor and to help them rise above their circumstance? Can the deaths of innocent children be reconciled in a city who believes that it is on the cutting edge of the country’s reforms? Also, to what degree, if any, will America get involved in the issues overseas such as the Boar War and the Boxer Rebellion and how their outcomes will affect America’s relations with these countries. The December 24, 1900 issue of the New York Times, had contained within its twelve pages, a wide array of stories from all walks of life and on all levels of importance. Many of the above mentioned people are to be remembered, when they are remembered at all, in the pages of the newspaper: the first draft of history. WORKS CITED The New York Times.   December 24, 1900 (Twelve Pages) [1] Governor Roosevelt’s Error The New York Times.   December 24, 1900 pg. 6 [2] Governor Roosevelt’s Error. The New York Times.   December 24, 1900 pg. 6 [3] The New York Times.   December 24, 1900

Friday, January 10, 2020

Enzyme Reaction Rates Under Different Conditions

Enzyme Reaction Rates Under Different Conditions Introduction In this lab you will observe how the rate of a reaction is changed as certain factors are changed. You will observe how changing factors like temperature, pH, substrate concentration, and enzyme concentration changes the rate of an enzymatic reaction. In this experiment you will act as an enzyme by breaking toothpicks witch act as substrates. After observing the results of this experiment you will be able to determine what causes the fastest enzymatic reaction. Methods and MaterialsThe materials needed for this lab are 240 toothpicks and a timing mechanism. To start you should divide your toothpicks into six piles of forty toothpicks. Then you should break as many toothpicks as you can in different time intervals. You should note the amount of toothpicks broken at: 0,10,30,60,120, and 180 seconds. Then you should repeat this process with other factors added in. (In the lab make up we just did a control table) Results For o ur results we took class averages of the various experiments. The class averages are shown in the graph.Graph 1. Class Average Breakdown Discussion/ Conclusion After performing our tests we came to the following conclusions. Increase in enzyme concentration speeds up the enzymatic rate. The reason for this is when you increase the amount of enzymes (enzyme concentration) then you have more enzymes breaking substrates. Since there are more enzymes more substrates will be broken down than if you have less enzymes. Decrease of temperature leads to decrease of enzymatic rate. This is because when you decrease temperature, you decrease energy.Since energy is decreased the speed of the enzymatic rate goes down. Decrease in substrate concentration leads to decrease in enzymatic rate. When the number of substrates goes down the enzymatic rate goes down because since there is less substrate to break down. The farther the pH is from 7 the slower the enzymatic rate is. This is because ionic bo nds (how substrate and enzyme bonds) work better when pH is 7. Through the test preformed I have learned what factors contribute to the enzymatic rate and how they contribute to the enzymatic rate.

Thursday, January 2, 2020

Schmerber v. California Supreme Court Case, Arguments, Impact

Schmerber v. California (1966) asked the Supreme Court to determine whether evidence from a blood test could be used in a court of law. The Supreme Court addressed the Fourth, Fifth, Sixth, and Fourteenth Amendment claims. A 5-4 majority determined that police officers could involuntarily take a blood sample when making an arrest. Fast Facts: Schmerber v. California Case Argued: April 25, 1966Decision Issued: June 20, 1966Petitioner: Armando Schmerber  Respondent: State of CaliforniaKey Questions: When police instructed a physician to take a blood sample Schmerber, did they violate his right to due process, privilege against self-incrimination, right to counsel, or protection against unlawful searches and seizures?Majority: Justices Brennan, Clark, Harlan, Stewart, and White  Dissenting: Justices Black, Warren, Douglas, and FortasRuling: The court ruled against Schmerber, arguing that an officer could request a blood test without consent if it was an emergency situation; Schmerbers state at the time provided the office probable cause, and the blood test was similar to a search of his person for firearms or weapons. Further, they argued that a blood test could not be considered compelled testimony, and therefore could be used as evidence against him. Finally, since his attorney would have been unable to refuse the blood test, Schmerber did ha ve proper access to counsel after his attorney arrived.   Facts of the Case In 1964, police responded to the scene of a car accident. The driver of the car, Armando Schmerber, appeared to be drunk. An officer smelled alcohol on Schmerbers breath and noted that Schmerbers eyes looked bloodshot. Schmerber was transported to the hospital. After noticing similar signs of drunkenness at the hospital, the officer placed Schmerber under arrest for driving under the influence of alcohol. In order to confirm Schmerbers blood alcohol content, the officer asked a doctor to retrieve a sample of Schmerbers blood. Schmerber refused, but the blood was drawn and sent to a lab for analysis. The lab report was submitted as evidence when Schmerber stood trial at the Los Angeles Municipal Court. The court convicted Schmerber for the criminal offense of operating an automobile while under the influence of intoxicating liquor. Schmerber and his attorney appealed the decision on multiple grounds. The appellate court affirmed the conviction. The Supreme Court granted certiorari because of new constitutional decisions since the matter was last addressed in Breithaupt v. Abram. Constitutional Issues When the police instructed a physician to involuntarily take a blood sample to be used against Schmerber in court, did they violate his right to due process, privilege against self-incrimination, right to counsel, or protection against unlawful searches and seizures? Arguments Attorneys on behalf of Schmerber made multiple constitutional arguments. First, they alleged that a blood test administered against the will of an individual and submitted into evidence is a due process violation under the Fourteenth Amendment. Second, they argued that drawing blood for a lab test should qualify as a search and seizure of evidence under the Fourth Amendment. The officer should have obtained a search warrant prior to taking the blood after Schmerber refused. Furthermore, a blood test should not be used in court because it violates Schmerbers privilege against self-incrimination, according to Schmerbers attorney. Representing the state of California on appeal, lawyers from the Los Angeles City Attorneys Office focused on the Fourth Amendment claim. They argued that blood seized during a lawful arrest could be used in a court of law. The officer did not violate Schmerbers Fourth Amendment protections when he seized readily available evidence of the crime in the process of an arrest. Attorneys on behalf of the state also drew a line between blood and more common examples of self-incrimination, like speaking or writing. The blood test could not be considered self-incrimination because blood is unrelated to communication. Majority Opinion Justice William J. Brennan delivered the 5-4 decision. The majority handled each claim separately. Due Process The Court spent the least amount of time on the due process claim. They upheld their former decision in Breithaupt, reasoning that the withdrawal of blood in a hospital setting did not deprive an individual of their right to substantive due process. They noted that in Breithaupt the majority had reasoned that even the withdrawal of blood from an unconscious suspect did not offend a sense of justice. Privilege Against Self-Incrimination According to the majority, the intent of the Fifth Amendment privilege against self-incrimination was to protect someone accused of a crime from being compelled to testify against themselves. An involuntary blood test could not be related to compelled testimony, the majority held. Justice Brennan wrote: Since the blood test evidence, although an incriminating product of compulsion, was neither petitioners testimony nor evidence relating to some communicative act or writing by the petitioner, it was not inadmissible on privilege grounds. The Right to Counsel The majority reasoned that Schmerbers Sixth Amendment right to counsel had not been violated. His attorney had made an error when instructing Schmerber to refuse the test. Regardless, Schmerbers counsel was able to advise him on any rights he did possess at the time. Search and Seizure The majority ruled that the officer did not violate Schmerbers Fourth Amendment protection against unreasonable searches and seizures when he instructed the doctor to draw Schmerbers blood. The officer in Schmerbers case had probable cause to arrest him for drunk driving. The majority reasoned that drawing his blood was similar to a search of his person for firearms or weapons at the time of arrest. The majority agreed that the timeline played a large role in their ruling. Evidence of blood alcohol content degrades over time, making it more necessary to draw blood at the time of arrest, rather than waiting for a search warrant. Dissenting Opinion Justices Hugo Black, Earl Warren, William O. Douglas, and Abe Fortas wrote individual dissenting opinions. Justice Douglas argued that bloodletting was an invasive violation of an individuals right to privacy, citing Griswold v. Connecticut. Justice Fortas wrote that forcibly drawing blood was an act of violence perpetrated by the state and violated an individuals privilege against self-incrimination. Justice Black, joined by Justice Douglas, argued that the courts interpretation of the Fifth Amendment was too strict and that privilege against self-incrimination should apply to blood tests. Chief Justice Warren stood by his dissent in Breithaupt v. Abrams, arguing that the case ran contrary to the Fourteenth Amendments due process clause. Impact The standard set by Schmerber v. California remained lasted for nearly 47 years. The case was widely regarded as a clarification on the Fourth Amendments ban on unreasonable searches and seizures because it did not consider a blood test unreasonable. In 2013, the Supreme Court revisited Blood tests in Missouri v. McNeely. The 5-4 majority rejected the idea in Schmerber that the diminishing blood alcohol level created an emergency situation in which officers did not have time to seek out a warrant. There must be other exigent circumstances to allow an officer to request blood to be drawn and tested without a warrant. Sources Schmerber v. California, 384 U.S. 757 (1966).Denniston, Lyle. â€Å"Argument Preview: Blood Tests and Privacy.†Ã‚  SCOTUSblog, SCOTUSblog, 7 Jan. 2013, www.scotusblog.com/2013/01/argument-preview-blood-tests-and-privacy/.Missouri v. McNeely, 569 U.S. 141 (2013).