There is always room for pie. Essay Example For Students

There is always room for pie. Essay There Is Always Room For PieThroughout my life my parents have always taught me that a child is a product of its environment. As time has passed and I have grown older and observed the people around me I have seen this fact become more evident. I believe that no one person can mimic anothers actions or behaviors so precisely that they become identical. A persons personality seems to be an infinitely large empty pie plate. The actions or behaviors that people portray are a small slice that they have taken from others to fill up their plate. These actions and behaviors are taken from the influential people in their lives. I do not think any one will ever have a full pie plate because it seems to me that we never stop learning new behaviors from people around us. We will write a custom essay on There is always room for pie. specifically for you for only $16.38 $13.9/page Order now As I have began to talk with my mom more and more through the years I have found her constantly telling me that I act or sound just like my father. Whenever I do or say something around my mom I wait to hear those four words, and it seems that she says them about every four minutes. Even though I mimic many of my fathers actions and behaviors, am I my father? In my mind I do not think I could ever be my dad. I do know why I emulate him so much, because I look up to him. Quite a few sons say that sort of thing about their fathers. Even though it is a generic saying it seems to bring a unique feeling each time it is said. I am glad that I am able to take large pieces from my dads personality pie and add them to mine. It does not mean that I have not take anything from my mothers, it just appears to me that a son imitates more of his father and a daughter imitates more of her mother. I know that this is a sexist statement, but in my observations I have found this to be exceedingly true. What things make up the pieces of the personality pie that we copy? A good example would be self-concept/self-image. Self-concept is a persons impressions, opinions and attitudes toward their physical, mental and emotional makeup. My father had always been a physically strong person. My physical strength that has come from him, as well as body shape, is more genetic than personality. Mentally my parents have continually shown signs of intelligence, and that is hard to fake. My dad has always been good at mathematics. Incidentally I am a mathematics major earning my degree for teaching. My wanting to be a math teacher is not based on the fact that my father is good at math. I base my wanting to become a math teacher on what will make me happy in life. My parents support me in my decision and have faith that I can accomplish anything I put my mind to. I have a high opinion of my mental ability because I have seen the confidence my parents have in the decisions that they have made and d o make. Therefore I believe that my mental ability is never-ending. The only things that can put a stop to my mental ability are my own fears. Also whenever I have needed it, my parents have been there for emotional support both for me and each other. With ample physical strength, high mental ability and solid emotional support I feel that my pie sections are filled in this area. Another slice of the pie is the roles that I play in my day to day life. I am a student, a son, a projectionist, a tutor, a comedian, and many other things. The roles I play have a lot to do with what roles my parents have assumed throughout my life. I feel that there is a direct correlation between how many roles I assume at once with how many roles I have observed my parents undertaking. Not all of the roles I have played or been subjected to have been positive ones. Not all roles that we gather and place into our pie meet the requirements of being a politically correct or socially acceptable. I believe that there is no such thing as a perfect role that people can affix themselves to. It seems that there will always be a flaw in some role that we dare or need to delve into. .uf5d3de50e8c3cc59843484c14c32aacd , .uf5d3de50e8c3cc59843484c14c32aacd .postImageUrl , .uf5d3de50e8c3cc59843484c14c32aacd .centered-text-area { min-height: 80px; position: relative; } .uf5d3de50e8c3cc59843484c14c32aacd , .uf5d3de50e8c3cc59843484c14c32aacd:hover , .uf5d3de50e8c3cc59843484c14c32aacd:visited , .uf5d3de50e8c3cc59843484c14c32aacd:active { border:0!important; } .uf5d3de50e8c3cc59843484c14c32aacd .clearfix:after { content: ""; display: table; clear: both; } .uf5d3de50e8c3cc59843484c14c32aacd { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uf5d3de50e8c3cc59843484c14c32aacd:active , .uf5d3de50e8c3cc59843484c14c32aacd:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uf5d3de50e8c3cc59843484c14c32aacd .centered-text-area { width: 100%; position: relative ; } .uf5d3de50e8c3cc59843484c14c32aacd .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uf5d3de50e8c3cc59843484c14c32aacd .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uf5d3de50e8c3cc59843484c14c32aacd .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uf5d3de50e8c3cc59843484c14c32aacd:hover .ctaButton { background-color: #34495E!important; } .uf5d3de50e8c3cc59843484c14c32aacd .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uf5d3de50e8c3cc59843484c14c32aacd .uf5d3de50e8c3cc59843484c14c32aacd-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uf5d3de50e8c3cc59843484c14c32aacd:after { content: ""; display: block; clear: both; } READ: the civil rights movement in tuskegee EssayThe intensely large pieces of the pie feature our values, attitudes and beliefs. This aspect of the pie can be difficult to evaluate. This section of the pie can be looked at in a funnel or a reverse funnel viewpoint. People can start with the values, a broad outlook, and work their way through attitudes, slightly focused outlook, and end with beliefs, which is the application of the first two. This direction of actions is the funnel viewpoint. I personally believe in the reverse funnel direction. I see that children tend to have the same beliefs as their parents and with those beliefs they reflect their parents attitudes toward t hings. Until children are old enough, maybe high school, they are not able to see the bigger picture of what is in the world beyond what their parents have shown them. Only when these children get older do they see the different values that others have. After they are able to see a little bit more of what is in the world they begin to follow the funnel direction of their value, attitude, and belief systems. Quite a few of my opinions, views and thoughts changed when I was able to see more of the world. My new found knowledge let me find a way of thinking that my parents may not have seen when they formed their views. I am not criticizing the views my parents have that conflict with mine. It just so happens that on some issues we happen to have a different outlook. With these sections in place my pie is roughly half full. Though it does not make any sense, even with an infinite amount of area in my plate, I can fill most of it with a finite amount of something. The last, or what seems to be the last, piece of the pie that we fill includes the needs of affection, inclusion, and control. These three components of the pie relate well with one another. Everyone always likes to be in control, I know that I do. This is usually an inborn, not learned, behavior of all humans. However, I could be wrong; it could have something to do with assertiveness and/or aggressiveness, both learned behaviors. I have known some people who do not want to be in control. Being in control means to have some power of some kind. People feel safe and secure when they are in control. I truly believe that some people think that the only people they can really trust are themselves. When they are in control, they know what is going to happen next, usually. With this control comes, in some way, inclusion and affection. If I am in control and I come up with ideas to participate in certain activities that I coordinate, then I am always in control of who is included. With the people that I include in my activities comes affection. Although this chain of events is far from flawless, many people believe that if they are in control they can then call the shots and everyone will like them. I personally love to be in control. When I am in control I know that a smart move will be made. I enjoy being included in things, but half of the time I have to work or have to do something for school. Even though I am not included in the event I feel that my inclusion needs are met merely from the thought of the people wanting me to be involved. Although I am not included in as many things as I would like, my affection needs are met in other ways. The inclusion involved with the affection is not always directly correlated. I am not quite sure how to explain how I go about getting my affection needs met. It is not really something I just go out to get as though I were shopping. I have never heard of affection in a can. Affection usually happens when I least expect it. This is gratifying to me and I am satisfied. As long as my pie is filled with some bits of control, inclusion and affection I will have no complaints. .u1f0137727d2b7518b54980d42c67677b , .u1f0137727d2b7518b54980d42c67677b .postImageUrl , .u1f0137727d2b7518b54980d42c67677b .centered-text-area { min-height: 80px; position: relative; } .u1f0137727d2b7518b54980d42c67677b , .u1f0137727d2b7518b54980d42c67677b:hover , .u1f0137727d2b7518b54980d42c67677b:visited , .u1f0137727d2b7518b54980d42c67677b:active { border:0!important; } .u1f0137727d2b7518b54980d42c67677b .clearfix:after { content: ""; display: table; clear: both; } .u1f0137727d2b7518b54980d42c67677b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u1f0137727d2b7518b54980d42c67677b:active , .u1f0137727d2b7518b54980d42c67677b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u1f0137727d2b7518b54980d42c67677b .centered-text-area { width: 100%; position: relative ; } .u1f0137727d2b7518b54980d42c67677b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u1f0137727d2b7518b54980d42c67677b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u1f0137727d2b7518b54980d42c67677b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u1f0137727d2b7518b54980d42c67677b:hover .ctaButton { background-color: #34495E!important; } .u1f0137727d2b7518b54980d42c67677b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u1f0137727d2b7518b54980d42c67677b .u1f0137727d2b7518b54980d42c67677b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u1f0137727d2b7518b54980d42c67677b:after { content: ""; display: block; clear: both; } READ: Contents 1. Introduction 2. What Is Business Ethics? 3. The 10 Benefit EssayI feel that throughout my life I have grown up in an acceptable environment. I feel that my parents have filled my pie with as much knowledge and love that they could. In my opinion, as a product of my environment, I do not feel I turned out badly. I am able to function in society easily and I am able to handle the roles that I need and want to assume. My pie will never be full by any means, but this does not bother me. I enjoy knowing that I will continue acquiring new behaviors and actions for the rest of my life. I do not want to try to fill it to try to become a completely perfect person, becau se there is no such thing. I feel that a little imperfection in my life gives me a little slice of happiness. I will add that one to my pie too. Miscellaneous

Elements of a Crime Essays

Elements of a Crime Essays Elements of a Crime Essay Elements of a Crime Essay Essay Topic: 6th Grade Elements of a Crime (Actus Reus Mens Rea) Model Lesson Plan Source: Original lesson plan. Handout #2 from David Crump, Criminal Law: Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals: by the end of this class students should have a strong foundation for reading criminal statutes and differentiating similar crimes. II. Objectives a. Knowledge objectives: as a result of this class students will be better able to: i. define Actus Reus and Mens Rea ii. understand the different gradations of Mens Rea iii. nderstand the differences between Washington’s homicide statutes b. Skills objectives: as a result of this class students will be better able to: i. read a statute carefully and apply it to fact patterns ii. present and defend their interpretations of the law c. Attitude objectives: i. Students should understand that the severity of criminal punishments can vary greatly depending on the defendant’s mental state in a manner that is largely consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. ii.Students should carefully consider the potentially harsh results that occur when legislatures replace mens rea with strict liability. III. Methods (1)Distribute Handout #1 (Hypos) (2)Read the introductory hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the conclusion that Frank did cause Bill’s death in the sense that if he hadn’t moved the mirror in the particular way he did at that exact time, the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of but for or actual causation as used in Handout #2.However, the law typically only imposes liability where the defendant’s conduct is the proximate cause of the harmful event/ crime. b. However, it seems like Frank didn’t do anything wrong. Try to elicit why this result seems wrong and write the class’s ideas on the whiteboard. (3)Distribute Handout #2 (Elements) (4)Handout #2 Walk through the Elements handout. Be careful to explain that not all of the elements are always present in a criminal statute. For example, attempted murder doesn’t have a harm element and parking violations don’t have a mens rea element, e. g. ne can receive a parking citation for parking in a handicapped spot even if it was unintentional or an accident. Furthermore, the elements aren’t perfectly discrete and there is some overlap. (5)Distribute Handout #3 (Statutes) a. Explain that the groups will be analyzing the hypos with respect to the statutes provided in Handout #3. The Grades of Homicide are meant to demonstrate the changes mens rea. b. Walk through the statutes and give a thumbnail sketch of i. First degree murder: 1. Premeditated killing. An intentional killing that was deliberate and contemplated prior to the killing. . Extreme Indifference. Covers the possibility that someone knows that what they are going to do will result in the death of another person, but at the same time doesn’t intend to kill. See the bomb hypo in handout # 1. ii. Second degree murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable risk to human life. Recklessness is similar to extreme indifference, but the risk that human life will be lost is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. Statutory rape 1. No mens rea. Strict liability with a limited affirmative defense where minor misrepresents age. In an effort to protect minor children, state legislatures have placed an increased burden to ascertain age on the older party. (6)Break into groups of 3-5 to apply statutes to Hypos 1-5. Have groups designate a reporter and a recorder. The recorder should write each of the group members’ names on the top of handout #1 and also record the group’s answers on the space provided.The Reporter is responsible for explaining the group’s reasoning and conclusion when the class reconvenes. (7)Reconvene Class: call on each group to present their analysis of one hypo. Ask questions to push them in the right direction if you think they missed something or ask questions forcing them to defend their answers if you think they got it right. Note to teacher: suggested answers to the hypotheticals are on a separate sheet at the end of this lesson plan. (8)Take-away: mens rea standards vary widely from premeditated intent to strict liability.You need to read statutes carefully to determine the correct standard. IV. Evaluation a. Group performance on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the following question: Should Melvin be punished for his relationship with Laura? If not, please explain why. How do you think Washington’s statutory rape statute should be changed? If you think that Melvin should be punished, please explain why. Handout #1: Hypothetical Scenarios Introductory Hypo: Frank is helping his friend move into a downtown Seattle condo.While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall.When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury. Suppose that Washington law provides: Anyone who causes the death of another person shall be guilty of murder. Would Frank be guilty of murder under this law? Should he be? Group Exercise Hypos Instructions: Nominate someone in your group to be the recorder and another person to be the class reporter. Read each hypothetical and determine which statute, if any, applies to the facts of the hypothetical and whether the defendant has violated the statute.Hypo #1: Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must shoot and kill Steven. Sarah pleads with Roger to let her go and that she does not want to kill Steven. Roger tells Sarah that unless she successfully shoots and kills Steven, he will kill Sarah and her entire family. Roger has a violent reputation and Sarah has no reason to believe that Roger will not follow through with his threat. Roger identifies Steven walking on the other side of the street and tells Sarah to take the shot.Fearing for the safety of her family and herself, Sarah takes careful aim at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Steven’s heart. What crimes if any has Sarah committed? Explain ____________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________ Hypo #2: Mildred comes home from work early only to discover her husband Robert in the midst of a lewd affair with their neighbor Gladys.In sudden fit of rage, Mildred grabs a flower vase and smashes it over Gladys’ head knocking her unconscious. With a broken shard of ceramic from the vase, Mildred stabs Robert in the neck. Robert dies from sudden blood loss within seconds. After killing Robert, Mildred drags Gladys’ unconscious, but still breathing, body into the garage where she ties Gladys to a folding chair and duct tapes her mouth shut to keep her from screaming. Mildred then returns to the house, prepares a cup of hot tea and takes a long bubble bath contemplating what she should do with Gladys.After finishing her bath, Mildred brainstorms in a note book for several hours about what she might do with Gladys. Ultimately, Mildred decides that Gladys must die for what she has done. Mildred then returns to the garage where she calmly shoots and kills Gladys with a pistol at point blank range. What crimes if any has Mildred committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #3: One day, George decides that he would like to see what would happ en if he were to drop several pounds of high explosives from a freeway overpass into busy fast-moving traffic. George purchases several pounds of high explosives over the internet and then goes to a nearby overpass overlooking I-5. He drops the explosives in front of a large semi-truck and mutters to himself, I sure hope nobody gets hurt. When the explosives hit the pavement below they instantly detonate and blow-up the semi-truck killing its two occupants. In addition, five more motorists are killed in the ensuing pile-up.What crimes if any has George committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #4: Jim is driving down the freeway when he spills his bag of Skittles onto the front passenger floor. Not wanting to lose a single sugary morsel, Jim leans down to retrieve the handful of lost Skittles. In so doing, Jim takes his eyes completely off the road for 8 seconds.While reaching for the last Skittle, Jim inadvertently jerks the steering wheel which veers his car into the next lane. Jim’s car strikes another car forcing it into the ditch. Upon entering the ditch, the other car flips into the air and lands on its roof. All three occupants are crushed to death. What crimes if any has Jim committed? Explain. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #5: Melvin is 21 years old. He has been held back several grades and reads at approximately a 6th grade level. Laura is 15 ? years old. She is a very bright student and takes nearly all AP classes. Laura and Melvin live in the same neighborhood. Laura has always felt sorry for Melvin and was friendly to him even when the neighborhood kids teased and taunted him. As their friendship grew, their relationship, at Laura’s suggestion, became sexual. Melvin never asked Laura how old she was nor did Laura ever tell Melvin her age.When Laura’s father discovered the relationship, he turned Melvin into the police. What crimes if any has Melvin committed? Does he have any defenses? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Handout #2: Elements of a Crime 1. Actus Reus. Actus reus is often characterized as the physical part of a crime. In most cases, it describes what the offender must do.A murder statue will require the offender to kill, an arson law will punish people who set fire to a structure, and theft may require someone to take something a. Voluntary Act: The defendant’s act must be voluntary. b. Circumstances: Many Crimes occur only in a specifically described situation. For example, bribery of a juror requires that the person bribed have been a juror (not another official). c. Harm or result: Many criminal laws require a specific harm to have occurred before the statute applies. In murder, there must be a person killed, and in arson, there must be a burned structure. d.Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result. i. But for, Cause in Fact, or Actual causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action. ii. Proximate causation is narrower than but for causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions. 2. Mens Rea. Mens Rea is often characte rized as the mental requirement in a criminal law.Modern statutes often use four categories of mens rea: intentionally (or purposefully or willfully), knowingly, recklessly, and with criminal negligence. Handout #3: Statutes First Degree Murder: RCW 9A. 32. 030 (1)A person is guilty of murder in the first degree when: (a)With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or (b)Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or c) [Felony Murder- not covered in this exercise] Second Degree Murder: RCW 9A. 32. 050 (1)A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or (b) [Felony Murder- not covered in this exercise] First Degree Manslaughter: RCW 9A. 32. 060 (1)A person is guilty of manslaughter in the first degree when: (a) He recklessly causes the death of another person; or (b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.Second Degree Manslaughter: (1)A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. Rape of a Child in the third Degree (Statutory Rape): RCW 9A. 44. 079 (1)A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Defenses: RCW 9A. 44. 030 2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victims age, it is no defense that the perpetrator did not know the v ictims age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim [i. . over the age of 16 or less than 48 months apart in age] ? FOR THE TEACHER: Answer Key to Hypothetical Questions Introductory Hypo: The point of the introductory hypo is to realize that there are two types of causation. Simple causation or cause in fact might describe how a physicist would define causation. Under this type of causation, event A is a cause of the later event B, if B would not have occurred but for the occurrence of event A.Therefore, in the example, the event of Frank moving the mirror is a cause in fact of Bill’s death in this sense because if Frank hadn’t moved the mi rror in the way he did, the sequence of events that led to Bill’s slip would not have occurred and Bill would not have died. However, in a legal context, cause in fact is a necessary but not sufficient element. To be legally liable for a particular action, one’s conduct must be the proximate cause of the liability generating event. Proximate cause is a subsection of cause in fact and is limited to events that are foreseeable.Therefore, Frank would not be criminally liable for the death of Bill under existing criminal law frameworks because Bill’s death was not foreseeable. Hypo #1: The issue here is whether Sarah is liable for some level of homicide offense. Since Roger held Sarah at gunpoint and Sarah knew that Roger was a violent person one could argue that Sarah did not shoot Steven voluntarily even though she had the clear intent of shooting Steven because she took careful aim, adjusted for the wind, and placed a precise shot. Duress is a defense to most cri mes.However, duress is not a defense to homicide, so Sarah is potentially liable for either murder or manslaughter (duress can reduce a crime that would otherwise constitute murder to manslaughter under certain circumstances). You might ask students: How do you think a prosecutor would or should handle this case? Should he or she use his or her discretion to not file charges against Sarah? Hypo #2: There are two homicides in this case: Gladys and Robert. Mildred’s killing of Robert would be murder in the second degree because in a fit of sudden rage (no premeditation) she intended to kill her husband by stabbing im in the neck. Robert’s death is the classic passion killing. However, Mildred’s killing of Gladys would be murder in the first degree because after dragging her body to the garage, she took time and deliberated about what she was going to do and then killed Gladys. Gladys’s murder was premeditated. Hypo #3: Is George guilty of murder? George di d not have a clear intent to harm anyone when he dropped the bomb onto the interstate. However, under subsection (b) of Washington’s first degree murder statute, George manifested an extreme indifference to human life that created a grave risk of death to any person. Therefore, even though George didn’t intend to kill anyone, he could be found guilty of murder in the first degree. Hypo #4: One could argue that Jim should be guilty of murder in the first degree under the extreme indifference prong, but Jim’s conduct is not nearly as abhorrent as George dropping a bomb onto the interstate. Motorists do dangerous things in the car all the time that are distracting and cause accidents. Therefore, reaching over to pick up some Skittles is probably not extreme indifference. Jim is most likely guilty of first or second degree manslaughter.The difference between the two is that manslaughter one requires recklessness whereas manslaughter two requires only criminal negli gence. Negligence is the lower standard and asks only whether Jim should have known better than to reach for the skittles, whereas recklessness is a subjective standard which would require that Jim knew what he was doing was dangerous. From the facts of the case, it appears that Jim did not recognize the danger in what he was doing and would most likely only face a charge of manslaughter in the second degree.Note: Vehicular homicide might also be charged in this case. Hypo #5: Despite the sympathetic circumstances, Melvin is liable for statutory rape. Laura is younger than 16 (the age of consent in WA) and Melvin is more than 4 years older than her. The limited defense of misrepresentation of age by the minor does not apply because Laura never represented her age in the first place. There is no mens rea element to statutory rape. Rather, it is a strict liability offense in the same way

Criminal law (case study) Essay Example | Topics and Well Written Essays - 1500 words

Criminal law (case study) - Essay Example Actus reus of murder (and manslaughter) is the unlawful act that's done deliberately and is a significant cause of death of some person. If the court is able to prove that the defendant had intention to kill (that is, mens rea) then it is murder, not manslaughter. Running from home in panic, Joe pushed his brother who hurt himself when hit the ground. Later his brother went home and died at night from head trauma. Joe can be accused both of battery and manslaughter. Since there is an ambiguity about the term "touching" concerning battery (e.g., the Court of Appeal in Wilson v Pringle [1986] 2 All ER 440 stated that to prove battery "the touching must be proved to be a hostile touching"), we will analyze the third case later. Post-traumatic stress disorder is "an anxiety disorder in which a particularly stressful event, such as military combat, rape, or a natural disaster, brings in its aftermath intrusive mental images of experiencing a traumatic event, emotional numbness and detachment, estrangement from others2" etc. One of the common responses of people with PTSD is uncontrollable behaviour that can be expressed in fits of anger (Chemtob et al., 1997) towards other persons or even assault on them. According to Mental Health Act 1983, there are different kinds of PTSD patients' treatment, e.g., hospitalisation, guardianship, supervision and treatment. The story tells us nothing about it, but since it will be essential later, we assume two probable situations: there was no medical treatment and control of Joe's disorder; there was medical supervision and treatment, but Joe was considered harmless at that time as there were no more measures provided. Having had flashback caused by victim's actions, Joe had lost the sense of reality and behaved according to his traumatic experience. The victim screamed and it caused Joe to have an imaginary return in the traumatic situation and probably to treat the victim as an enemy soldier. Joe's mind has created a delusive situation in which ex-soldier believed that his actions are correct: such belief in moral and legal rightfulness is the first reason to plead diminished responsibility (see Bratty v AG for Northern Ireland (1963) AC 386 at 409). The second factor is total loss of control. Since there were cases when partial loss of control didn't make an acquittal (e.g., in Broome v Perkins (1987) Crim LR 271), the defendant must prove that he had no possibility to control his actions, for the burden of proof in the case of insanity lies with the defendant. Then we must prove that either insanity or automatism took place. The factor that triggered flashback was external that should prove automatism, but Joe's reactions were atypical because of his mental illness that is the inner factor. There is an opinion that "if the defendant loses control because of an illness, that is, some internal factor, he can only plead insanity" (Hill v Baxter (1958) 1 QB 277). But there is the external factor in our case, the victim's scream. We should point that Joe's reaction was atypical and unexpected, and also can refer to the case of R v Rabey (1997) (Canadian case), in which defendant battered his

Olympics as a Platform for Political Protests Essay

Olympics as a Platform for Political Protests - Essay Example Some people believe that by using the Olympics as a platform for political issues, they exert pressure upon oppressive governments and such governments may be forced to change their regime. It is a fact that 2008 Olympics to be held in China has sparked lots of debate. The above writer believes that these protests are actually prompting the Chinese government to review their policies towards Tibet. The latter country is fighting for independence and in order to gain international support, there is a need to choose the right movement when all eyes are on the host country. Such people argue that if they were to choose another time like after the Olympics, very few countries will be interested in the problems of China. Also using sporting events as a platform for political issues allows other countries to demonstrate their disdain about the actions of those oppressive regimes. There are also claims that host countries need to foster the image of the Olympics. This means that they need to portray the peace and unity that is synonymous with the event. If a host country has not been doing this, then it can be seen as a form of hypocrisy. The Chinese government has been criticized for its human rights abuses. There have reports about how the Chinese government prevents its citizens from discussing issues about their government. Furthermore, the Chinese government normally discourages most foreigners form discussing their problems claiming that it has nothing to do with them; they believe that they are the only ones with a right to solve their problems. In light of these arguments, it would be quite unfair for such a government to hold the Olympics and claim that they foster the spirit of unity that is synonymous with the torch. (Rice, 2008) Some people believe that protests should be conducted in any platforms a long as there is room to be heard. Furthermore, they believe that sometimes members of the host country may not have the political freedom to do so consequently, the international community needs top help them in this. For instance, there are numerous goods in the US government that come form the Chinese government. But workers in that location have minimal access to basic resources. Most of them are subjected to harsh working conditions and low pay. They cannot complain about this situation because it may bring problems. Consequently, the international community needs to help the Chinese workers by voicing their complaints. These complaints will only be noticed when the country stands to loose something. For instance, if the international countries boycotts the Olympics, then chances are the Chinese government will loose a lot. It may therefore be promoted to change their worker's conditions due to these chang es. Arguments against using the Olympics as a platform for political protests 'Sport is sport and politics is politics. There has never been anyone who has belied the fact that sport is the best way of uniting peoples.' (Brincat, 2008)

Illustrate the theme of isolation in Of Mice and Men by John Steinbeck Essay Example for Free

Illustrate the theme of isolation in Of Mice and Men by John Steinbeck Essay In the novel Of Mice and Men which was set in the 1930s I believe that John Steinbeck Illustrated loneliness and solitude in many places. The seclusion in those times was due to mainly discrimination and injustice. The life of a customary worker would be very difficult, therefore people worked for others on their farms. The wages were not proportional to the amount of labour and in addition the accommodation was barely habitable, this was unjust. The two focal characters George and Lennie have a sturdy bond and companionship. The other characters in the story are missing a true acquaintance and are envious of the two men. They have never before seen two men unite together like that before. All the other characters in the book are all abandoned and dejected apart from Slim. George and Lennie were wedged together through thick and thin, through good and bad and they knew they needed each other. This was revealed as George Said Guys like us that live on ranches, are the loneliest guys in the world. This meaning that if not for each other they would be like the others on the ranch, discontented and lonesome. The others on the ranch had recognised this, as their fellow workers said Funny how you an him string together. This had highlighted the unusualness of the situation and the migrant lifestyle of the 1930s. While the whole ranch suffers from loneliness there are a few individual cases that are emphasised throughout the whole book. There are three main people in the book who suffer, Crooks, Candy and Curleys Wife. They all suffer injustice in the form of prejudice and discrimination. Candy was thought of as an outcast as he has no longer got the physical ability due to his age; and his physical disability does not help his cause. Candy had one true friend nevertheless, his dog. Once the dog was killed by Carlson, Candy was forced to seek friendship in another form. He knew that he was going to be given his marching orders shortly, as he said theyll call me purty soon. While he was in the bunk house one day, he over heard George and Lennie talk about their lifelong dream. Candy decided to help George and Lennie accomplish their dreams. Candy had presented to facilitate in the form of money and manual labour. This was a move of desperation but worked as the two men accepted Candys offer. Candy basically tried to buy friendship, this does not always produce true friends. Crooks a black man who faced isolation from the racist community. Crooks is not allowed to socially interact with others around him because of his colour which is similar to Lennies situation as Lennie was unable to interact with people due to his mental condition. Crooks is restricted from doing customary things along side the white. He recognises how he has been treated and acts towards the white people who have affronted him how he himself is being treated. Crooks is also an envious man. He is extremely resentful of George and Lennies tight friendship as Crooks says to Lennie while in the barn together well, spose, jus spose he dont come back. Whatll you do then? this was asked because Crooks did not have any friends and did not know how it would feel to lose them unexpectedly. Knowing that Lennie was mentally ill, Crooks decided to torture him because he wanted to ease some anger because he was discarded and unwanted by the others. Crooks is so lonely and striving for a good life he will do anything to live peacefully.

Internet Censorship :: essays research papers

Internet Censorship For centuries governments have tried to regular materials deemed inappropriate or offensive. The history of western censorship was said to have begun when Socrates was accused "firstly, of denying the gods recognized by the State and introducing new divinities, and secondly of corrupting the young." He was sentenced to death for these crimes. Many modern governments are attempting to control access to the Internet. They are passing regulations that restrict the freedom people once took for granted. The Internet is a world wide network that should not be regulated or censored by any on country. It is a complex and limitless network which allows boundless possibilities and would be effected negatively by the regulations and censorship that some countries are intent on establishing. Laws that are meant for other types of communication will not necessarily apply in this medium. There are no physical locations where communications take place, making it difficult to determine where violations of the law should be prosecuted. There is anonymity on the Internet and so ages and identities are not known this makes it hard to determine if illegal activities are taking place in regards to people under the legal age. As well, it is difficult to completely delete speech once it has been posted, Meaning that distributing materials that are obscene are banned becomes easy The American Library Association (ALA) has a definition that states censorship is â€Å"the change in the access status of material, made by a governing authority or its representatives. Such changes include: exclusion, restriction, remove, or age/grade level changes.† This definition, however, has a flaw in that it only recognizes one form of censorship-governmental censorship. Cyberspace, a common name for the Net, has been defined by one author as being "made up of millions of people who communicate with one another through computers. It is also "information stored on millions of computers worldwide, accessible to others through telephone lines and other communication channels "that" make up what is known as cyberspace." The same author went on to say " term itself is elusive, since it is not so much a physical entity as a description of an intangible." The complexity of the Internet is demonstrated through its many components. The most readily identifiable part is the World Wide Web (WWW). This consists of web pages that can be accessed through the use of a web browser. Web pages are created using a basic programming language. Another easily identified section of the Internet is e-mail. Once again it is a relatively user-friendly communication device. Some other less publicized sections of the Internet include: Internet Relay Chat (IRC), which allows real time chatting to

Philips and Its Worldwide Share of Dry Shaving

Q2: How can Philips increase the worldwide share of dry shaving? Focus on China The relative size of the Chinese market in relation to other developed markets is striking. With a penetration of only 11 % in the male shaving market, the opportunities are great since this market is treble to the second largest market, the US. Product innovation Philips is known for their technologically sophisticated products. On order to gain market shares and increase the total market for dry shaving, the products must continue to improve through technological development. The customer must feel that performance/cost outperforms that of wet shaving in a higher degree than it is today. Targeting teens In some countries, law regulates the sale of razors to people under the age of 18. Perhaps there is a possibility to innovate in electronic shavers for the youth market. For example, Ergonomic handles and innovative attachments could give them the edge on helping the user to shape and style their facial hair into the most up-to-date beard fashion or providing better reach for girls shaving their legs, armpits or bikini-area. Targeting the female market 80 % of women prefer razors to other hair removing products. 46 percent of females are still estimated to use male razors in the common belief that they are more effective than female-dedicated razors. This could be an important segment for Philips to target with their lady shavers. When women eventually will switch to female products for shaving, there should be greater incentives to switch to dry shaving systems.