Commercial Law I (Scottish Law)- Assignment Example | Topics and Well Written Essays - 2000 words

Commercial Law I (Scottish Law)- - Assignment Example The principal can expressly or implicitly permits the agent to perform certain tasks on his behalf which will lead to a binding contractual accord between the principal and the third party but the contract is signed by the agent. In this case, the principal will be legally bound by the actions the agency relationship which exists between agents-principals, agents-third and Principals-third parties and all the parties in the cycle are bound to the agreement, the agency cycle comprises of: Agent: this is the person who enters and performs duties and activities on behalf of the other person (the principal) with the third party and has authority to create a binding relationship or agreement between the principal and the third party. The agent negotiates, performs and enters into binding engagements on behalf of another person with the third party. Principal: This is the person who hires an agent to act on his/her capacity with the third party and is bound by the actions of the said agent in engagements with the third party. ... An agent must therefore operate within the instructions and capacity given by the principal and this will bind the principal in the contractual agreements he or she creates with the third parties which means that the law of agency is based on both implied and express terms. An agent has several duties he/she owes to the principal and must not act outside the scope or mandate provided by the principal. These duties can be summarized as below; The agent must ensure that he/she operates within the specified terms of agency agreement. If the agent ignores the directives of the principal in entering into an agreement with the third party then he/she will be held liable. The agent must therefore follow instructions given by the principal. The agent must carry out his/her duties with due diligence, skill and high level of professionalism to protect both parties from unnecessary breach of contract and subsequent compensation for the same, and this must be followed whether the agency agreemen t is written or oral. The agent must not act out of his own benefit at the expense of the principal and all dealings must protect the interest of the principal. The agency relationships to occur, all the parties must understand the terms of engagement and the roles each of the is required to play within the framework of the agreement and the agent must have intension to work for the principal, though no consideration is necessary, there must be an agreement between the principal and the agent, oral or written. This relationship can be described as below: Therefore, before the contract of agency is constituted, several essentials are mandatory: The agency agreement must be based

American Women Essay Example for Free

American Women Essay The American society was such a fragmented society in its early days of independence that various sectors of the society have had to free themselves through the hard way. The racial segregation between the blacks of the south and the whites of the north took a long time to resolve, and the solution came only by the war between the two regions when the one mighty Abraham Lincoln intervened. After racism, gender equality took the center stage. The American men could not envisage a situation where their women counterparts could vote alongside them, but with the upcoming of powerful women like Elizabeth Cady Sturton and Susan B Anthony with no exception to Alice Paul in the late 19th Century saw the fight get a notch higher. Actually the centre problem was the Amendment of section nineteen which will have allowed the women of the bigger empire. In this paper we are going to peruse through the whole process of the fight until the actual inception. The history of the women’s suffrage movement can be traced back in 1848. In this year a small women’s Right convention met at Seneca Falls in New York. These ladies were here to initiate their public outcry for equal rights with men . They wanted to be given equal opportunities as men to attend college, to make doctors and lawyers as their men counterpart. Pegged to this they demanded the right to vote, which according to them will open doors for all of the above. Alice Paul, the biggest name in the fight for women’s suffrage, entered battle seven decades after the inception of the fight. She herself had a test of the battle back in England where she had gone to attend her studies but unfortunately her later years ended in jail. She immediately flew back to the states only to find that the fight was underway. The entrance of Alice Paul in the bigger fight saw the battle reenergized and take an even rigorous pace. It is important to note that the first time the women’s suffrage amendment was presented to congress was in 1878 but unfortunately the congress did not give it any vote. In the next four decades the unrelenting women kept presenting it to the congress, all this time the bill yielding no luck. By this time the older generation of women suffragist had gone but the support among the American population had not gone. When Alice Paul and his party (National Women’s Party) gained strength, some states of the United States had already mandated voting for their women. Infact, in 1916 Montana became the first state to elect a woman, Jeannette Rankin ,to the congress. However, the congress was not in any way prepared to pass the suffrage amendment bill. With the congress having a negative attitude towards the bill (perceived as a gender biases) Alice Paul and some other leaders like Harriet Sturton thought to get the attention of the president and the congress. Their first strategy was to organize parades in the major cities, and New York and Washington were the most targeted. Suffragists in thousands and wearing white robes marched along the streets of New York. Some groups of the suffragist rode on horse back carrying banners flying high, but this could not change the mind of the president (then President Wilson). Therefore, another move was looming-picketing was to begin at White House. No sooner had picketing begin than was Alice Paul thrown in jail. She spent almost six weeks in and when she was released any move to stop picketers bore nothing. The exaggerated stories on the newspaper only helped to anger suffragists even more and helped more women join the movement. The mistreatments of the arrested suffragists, including forced feeding for those in prison hospital deterred not the free suffragists. These women were so courageous and that’s why in one of the president’s speeches to the public Paul courageously stood up and asked â€Å"How about votes for women? †(Doris, 1918) She could only be manhandled and led away for custody mistreatment. Still during the mistreatments one of them cried out and said â€Å"It was Alice Paul, the strongest weapon left with which to continue our battle†¦Ã¢â‚¬  (Doris, 1918). Therefore, it was evident that these women were not going to let up soon, not until their demand was attended to. On January 9th 1918 President Wilson officially declared his long awaited support for the women’s suffrage movement. The events that followed saw a speedy move to pass the suffrage amendment bill, first beginning with the Susan B Anthony Amendment, which was to give suffrage to all American women citizens. Hardly a year later on August 26th, 1920 the amendment was verified in Tennessee, becoming the 36th state to do so. With this the Nineteenth amendment was officially introduced into the American constitution. For Alice Paul and her colleuges the first part of the battle had been won, next was the Equal rights Amendment which was to protect and guarantee women protection against discrimination. Eight decades down the line the battle still continues but the war can be said to be more than won. The approach and the strategies employed by Alice Paul and her friends can be said to intellectual. Their demonstrations never involved violence infact when she was asked if at all she threw stones herself she strongly resisted,-â€Å"No, indeed. I never did and I never shall. I think such deeds belong to rioters and women are seldom rioters† (Doris, 1918). I personally like this attitude in Alice Paul. The contemporary U. S politics is characterized by powerful women politicians like Madeline Albright, Condoleezza Rice, Jendayi Frazier and many others. I am of the opinion that these politicians should be made to understand that any political ovation they do enjoy today was fought for by the more powerful women like Alice Paul and Anthony B, who came before them. They should also realize that U. S politics make a big difference in the whole world: there is no nation in the world where women have been given a high profile than in the U. S, save for the fact that the empire hasn’t produced any woman president. All these, courtesy of suffragist women movement. We now turn our attention to the movie, evidently acted by young Americans who were actually touched and directly affected by the acts of the suffragist movement. Iron Jawed angels was acted in 2004 and it narrates the suffrage movement of the early 20th century. Having received its filming in Virginia under the production of HBO films in 2004, it is said to have received a standing ovation at the Sundance. The play focuses on the two defiant and powerful women in the history of the United States, first Alice Paul, whom Hillary Swank acts, and Lucy Burns acted by Frances O’Connor. In essence the movie attempts to explain to bring out how these activists formed a more radical wing from the conservative and older main stream wing. In the real sense the movie is a clear show that actually women are not objects but complete characters just like their counterpart men. The play also acknowledges the fact that although these women had different backgrounds but they are united in their common goal of women’s suffrage movement. The play continues to Harvey the fact that in this country dominated by male chauvinism, it was no easy go as the women of this radical wing clash with their conservative counterparts and also a divided public opinion. It is also extra hard given the male dominated leadership of the country led by president Woodrow Wilson (acted as Bob Gunton) himself. The actors also bring out the idea that along the way in the course of the fight sacrifices are looming with many of the activists being thrown in jail and going a step further ton strike on food. These lead to forced feeding by the hospital nurses. This forced feeding wins them a name, Iron Jawed Angels: the title of the play. These ladies have a strong will which actually sees them realize their dream one fine day in 1920. By the time the movie was being cast in 2004 it was clocking 84 good years since the end of the suffrage movement. Many in this generation had not experienced the reality of the bitterness of living without accessing the necessary human rights enjoyed by any member of the society. To an eighteen year old American girl in college it is just a common right for her to access to . I tend to feel the real bitterness this young woman engages when the plain truth dawns on her that actually it isn’t any other opportunity for her to attend her college tutorial classes alongside male counterpart, who also ought to realize the opportunity was mistakenly meant for them alone about close to ninety years ago. Needless to add, the movie is real timely to these somehow ignorant population of the whole truth behind the struggle for equal rights among the men and women of the great empire. Asking me to scoop out my view of the accuracy and effectiveness of the movie to the contemporary American society, I Imagine the American college lady who has just been watching this actors in the theatre. The pain of the hard swallowed saliva drips along her saliva as it comes to her realization that she is their as a result of a sacrifice made by somebody else.The play is this effective and accurate! References: Stevens, Doris. Jailed for freedom: American Women win the vote. 1920. Ed. Carol O’Hare Troutdale: Newsage Press, 1995. Graham, Sally Hunter. Woodrow Wilson, Alice Paul, and the Woman Suffrage Movement: Political Science Quarterly 98 (1983-84):665-79. http://www. gutenberg. org/etext/3604 http://iron-jawed-angels. com/ http://movies. go. com/iron-jawed-angels/d776839/drama

CROSS-CULTURAL PSYCHOLOGY

CROSS-CULTURAL PSYCHOLOGY Damen in his Culture Learning defined Culture as the shared patterns of behavior and interactions and affective understanding learned through the process of socialization (Damen, 1987). Psychology is simply a field of study that concerns itself with behavior. Cross cultural psychology is therefore the scientific study of human behavior and mental behavior and process, including both variability and invariance, under diverse cultural conditions, (Ho, Wu, 2001). It is a branch of psychology that studies the relationship between culture and human behavior (Matsumoto, 2000). This type of psychology delves in investigative studies to recognize cultural variation in behavior and such other variables as language and meanings. According to Walter J Loner while writing in the Journal: Eye on Psi Chi Cross, Cultural psychology is not an independent field within the entire sphere of psychology that revolves around in-depth examination of emotions, language acquisition, personality, social behavior, family and social relationship Eye on Psi SChi 4(3). 22-26.Cross cultural psychology not only encompasses studies in both the similarities and the differences in psychological functioning in various cultural and ethnic set ups but also the relationships between such key variables as psychological, socio-cultural, ecological and biological. It considers culture as necessary for functioning, development and behavior in a cultural context. Diverse forms of comparative research are the major actions/exercises in understanding cross cultural psychology focused at making any distinctions in cultural factors directly related to development and behavior. According to Berry et al 1997, these researches seek evidence of how culture can be taken as a set of variables, contextual or independent that affects various aspects of individual behavior. Cross cultural psychology need not to be confused with cultural. Though related to some extent, some distinctions separate the two. The relationship between cultural and cross-cultural psychology like any other comparative studies, the relationship between cultural and cross-cultural psychology entail differences and similarities. These comparisons are discussed below. Differences While cross cultural psychology studies strive to determine any possible shared behavior and mental processes in cultures, cultural psychology is a field within psychology that hold the view that human behavior is dependent on individuals unique culture. Differences in interpretation of culture account for the differences between cross-cultural psychology and cultural psychology. They differ in two ways, although they sometimes overlap and are taken as synonymous by some psychologists (Lonner, 2000). Cultural psychology focuses on various ethnic groups such as African-Americans. Cross-cultural psychology, in contrast, emphasizes differences between two or more cultures. Besides, cultural or ethnic psychology rooted in the United States has a briefer history than cross cultural psychology does. Similarities Despite the afore-mentioned evident differences in cultural psychology and cross culture, the two cannot be divorced from each other since they both share certain commonalities. Both studies are rooted from cultural studies of psychology which as discussed earlier, entail behavioral and mental analysis in context of varied cultural environment. While cultural psychology seeks to explore certain behavioral characteristics within a specific culture, cross cultural psychology compare these characteristic from one culture to another. These both studies focus on similar elements of culture. Also both studies employ similar techniques: quantitative and qualitative. For this reason most often the research approaches are almost similar. The role of critical thinking in cross-cultural psychology According to Shiraew Levy, critical thinking in cross cultural psychology is the most vital and indispensable component of learning. To describe a phenomena in a cultural contexts, social phenomena such as a peoples language reflects their personal values, biases, likes, prejudices etc. This results in their language coded in such a way that the language will reveals much about the cultures events, individuals or whatever group they are trying to describe (Shiraew Levy 2010). Through intuition, people automatically compare their own mental representation to identify or judge a given phenomena, i.e. they set their cultural values and believe systems as the standards to judge a given phenomena. This biased perspective results in lack of objectivity in assessing behavior and specific phenomena in other cultures. Psychologists claim that all cultures suffer from this problem. This explains intercultural conflicts in the society. Critical thinking in cross cultural psychology is not only a subject of study in examining cultures, but also a tool in analyzing and evaluating the way people think critically and behave in a given culture. The methodology associated with cross-cultural research Being a behavioral study, cross cultural psychology lacks a clear and scientific research technique which poses the study with a serious problem (Escotet, March 25-27 1973). While scientific approaches depict modern trends, the evaluation of cultures has become complicated and highly subjective. Matsumoto Vijver, (2010) argue that regardless of the method of measurement and approach, one of the basic issues researchers may become aware of is the relationship among cultural distance and the probability of generating differences Depending on the nature of the study, contextual factors such as education, age or socio-economic status of the participants affects the validity research approach and findings. Including such factors in a study will not only enhance the validity, but also help in eliminating any biases. Matsumoto Vijver (2010). Shiraev Levy advises purport there are two major divisions of research in these fields: qualitative and quantitative. While qualitative approaches uses median, mode, variance and standard deviation etc to describe human behavior, qualitative technique uses unobservable human behavior such as dreams. Shiraew Levy (2010). Conclusion In conclusion, to understand the heart of human behavior and cognitions across cultures, cross cultural psychology is perfect tool of evaluation. Differentiating cross cultural psychology from cultural is the stepping stone to evaluating cultures. While cultural psychology seeks to find out how culture causes variation in psychology, cross cultural seeks to justify or explain objective description and subjective evaluations of cultures.

Analysis of She Walks in Beauty by Lord Byron Essay -- Poem Poetry Lor

Analysis of She Walks in Beauty by Lord Byron She Walks in Beauty is a poem in which the author speaks of the physical beauty of a woman; a female who the author encountered. This encounter lead him to visualize a great distinct physical image of her so he began to speak of this phenomenal attractiveness. A special quality in her was being able to be identified with the heaven. Beautiful like the stars and clearly visible as a cloudless night. The poem ?She Walks in Beauty? came by as an inspiration to the author. This occurred at an event attended by the author where he meet his cousin which is the woman the author speaks about in the poem. The author lord Byron wrote this poem which is found in the Hebrew Melodies. This publication is found with many other lyrics completed in 1815. The poem speaks through the usage of imagery. The poem is highly rhythmic with meaningful tones. Essentially the female in this poem is evaluated in terms of the physical world. For example, the author does not provide a detailed appearance of the woman. She is instead shown responding to the world around her. George Gordon was born in London in 1788. Gordon was the son of Captain John ?Mad Jack? Byron and his second wife, Catherine Gordon, a Scots heiress. The next ten years were difficult for George. One of the reasons was because of his clubfoot. The second reason was because of his mother displaced resentment against his father onto him, and George Gordon had later been tended by a Calvinist nurse whom awakened his sexuality. In 1798 his great-uncle the fifth Baron Byron, died childless, and just after his tenth birthday Byron inherited his title. In 1801 Byron was sent to school at Harrow; in the same year he ... ...imself. The rhyme scheme shows a different pattern on each stanza; and its meter shows a consistent beat on each line. The tone perceived in Byron?s poem is of romanticism inspired by the woman?s beauty; and its theme is of the immediate impression of a man towards a beautiful lady. There are also many poetic devices like alliteration , simile and internal rhyme shown throughout the poem. Thus making of this poem a delight to the mind, and an enjoyable literary masterpiece. Bibliography: Robert Di Yanni, Literature: Reading Fiction, Poetry, Drama, and the Essay (Boston, Massachusetts: Mc Graw Hill, 1998). The Penguin Group. ?World of Classics.? The Longman Anthology of British Literature. 24, Sep. 2000 . ?Poetry Series Supplement.? Masterplots II, Vol. 9 (Pasadena, California: Salem Press, 1998).

Study Guide Mis 691 Chapter 2

Study Guide MIS 691 Midterm Chapter 2 2. 2 Entity: One theme or topic; something of importance to a user that needs to be represented in a database. In the entity-relationship model, entities are restricted to things that can be represented by a single table. An example of this is in the EMPLOYEE table; data about the entity (the employee) is in the table rows and data about the entity’s attributes are in the rows. 2. List the characteristics a table must have to be a relation: * Each row of the table holds data that pertain to some entity or a portion of some entity * Each column contains data of the attributes of the entity * The cells must hold a single value; no repeating elements * All of the entries in any column must be the same kind * Each column must have a unique name and the column order is unimportant * The order of the rows in unimportant * No two rows in the table may hold identical data values 2. 0 Define the term unique key and give an example: A key that defin es a unique row. An example of a unique key in the EMPLOYEE table is EmployeeNumber; the query of any EmployeeNumber (223 for example) will only produce a single row and data for one employee. 2. 11 Non-unique key: A key that potentially identifies more than one row. In the EMPLOYEE table from our book, Department is a non-unique key because it identifies several rows. 2. 12 Give an example of a relation with a unique composite key: A composite key contains two or more attributes.An example of a unique composite key in the EMPLOYEE table is if we combined LastName, FirstName, and Department as a key; these three attributes combined would insure that we would identify only one row. 2. 13 Explain the difference between a primary key and a candidate key: Candidate keys are keys that uniquely identify each row in a relation. They can be single or composite. The primary key is the candidate key that is chosen as the key that the DBMS will use to uniquely identify each row. 2. 5 What is a surrogate key and under what circumstances would you use one? A surrogate key is a column with a unique, DBMS-assigned identifier that has been added to a table to be the primary key. You would use a surrogate key when the primary key in the table is not ideal. You add a surrogate because it is short, numeric, and will never change – it is an ideal primary key. 2. 20 Define the term referential integrity restraint and give an example: A relationship constraint on foreign key values.A referential integrity constraint specifies that the values of a foreign key must be a proper subset of the values of the primary key to which it refers. In the EMPLOYEE table: the value of Department should match a value of DepartmentName in the DEPARTMENT table. 2. 21 Explain the three possible interpretations of a null value: 1. It could mean that no value is appropriate 2. It might mean that the value is known to be blank (intentionally left blank) 3. It may mean that the value is unknown 2. 4 Name the functional dependency and identify the determinants of: Area = Length x Width Area is functionally dependent upon Length and Width or that the composite of Length and Width are determinants of Area 2. 31 Describe the nature and purpose of the normalization process: Normalization is breaking up tables with more than one theme into sets of tables that have one theme each. You have to do this so that there isn’t repeat information in a table and so there are no modification or deletion issues.Normalization: Normalization is the process of breaking a table with one or more theme into a set of tables such that each only has one theme. You need to create a well-formed relation: 1. Every determinant must be a candidate key 2. Any relation that is not well-formed should be broken into two or more relations that are well-formed The Normalization Process: 1. Indentify all of the candidate keys 2. Indentify all of the functional dependencies 3. Examine the dereminants of the functional dependencies.If any determinant is not a candidate key, the relation is not well-formed. In this case: a. Place the columns of the functional dependency in a new relation of their own b. Make the determinant of the functional dependacy the primary key of the new relation c. Leave a copy of the determinat as a foreign key in the original relation d. Create a referential integrity constraint between the orginal and the new relation. 4. Repeat step 3 until every key is a candidate key

Good Practice in Handling Information Essay

Promote good practice in handling information in health and social care setting Outcome 1 Understand requirements for handling information in health and social care settings 1. Identify legislation and codes of practice that relate to handling information in health and social care. OUTCOME 1 1. Identify legislation and codes of practice that relate to handling information in health and social care. All of the staff need to make sure that confidentiality is paramount. Staff have to read and understand the Data Protection Act of 1998. We have to make sure that we are clear about our standards of conduct, that we are expected to meet. We are encouraged to use the codes of conduct to maintain our own practice is good and we need to look at any area’s where we can improve on. When it comes to Medication, staff have to make sure that all stock is listed on the MAR sheet. The Human Rights Act 1998 details the right to a private life. There is also the GSCC code of practice for social care workers, which provides a clear guide for all those who work in social work, setting out the standards of practice and conduct workers and their employers should meet with regards the handling of information. There is also Caldecott standards which govern the sharing of information based on the Data protection Act. 2. Summarise the main points of legal requirements and codes of practice for handling information in health and social care. DATA PROTECTION ACT 1998 This legal document sets out eight principles which are in essence a code of good practice for processing personal data. These are * Make sure that  things are processed fairly and lawfully. * Processed only for one or more specified and lawful purpose. * Adequate, relevant and not excessive for those purposes. * Accurate and kept up to date – data subjects have the right to have inaccurate personal data corrected or destroyed if the personal information is inaccurate to any matter of fact. * Kept for no longer than is necessary for the purposes it is being processed. * Processed in line with the rights of individuals – this includes the right to be informed of all the information held about them, to prevent processing of their personal information for marketing purposes, and to compensation if they can prove they have been damaged by a data controller’s non-compliance with the Act. * Secured against accidental loss, destruction or damage and against unauthorised or unlawful processing – this applies to you even if your business uses a third party to process personal information on your behalf. * Not transferred to countries outside the European Economic Area – the EU plus Norway, Iceland and Liechtenstein – that do not have adequate protection for individuals’ personal information, unless a condition from Schedule four of the Act can be met. Question 2 – Emma’s Pointer When a new resident is admitted, then they need to have a new care plan. The care plan will show all the medication that they are currently on. If they have any allergies to anything. All personal clothing and possessions are listed. We list how much money they have, if it is over  £20.00 then we take it to the office for safety reasons. Where it is documenated for the resident. 1.2 Emma We have to always make sure that we respect confidential information and clearly explain to any angency workers about policies relating to confidnentialy to both residents and carers. 2. Emma’s pointer Smart sheet does not go up to Handout 6 !!! When maintaining records, you need to record residents : Medication and any changes to their medication Doctor’s visit’s or any other professional bodies Contact with the family Any falls that have occurred Body mapping Any illnesse’s need to be recorded Daily notes need to updated how residents have been during the day and also during the night. Emma’s pointer Question 3 Should there be an incident at work then staff need to make sure that they fill out the relevant paperwork, i.e. if there was an accident on the premises then they need to fill out the an accident form, if there are any injuries sustatained to a resident then a 24 hour observation chart needs to be started.

Rational self determination Essay Example

Rational self determination Essay Example Rational self determination Essay Rational self determination Essay Name: Course: Institution: Date: Rational Self Determination The positive concepts surrounding autonomy involves complying with the ethical principles in which a person recommends for himself. This means that the liberty found in one’s will is based on the acquired independence. The will is termed as liberal since it is not established using external factors and hence becomes defined by internal factors. For example, an individual with independence can give him the liberty in decision-making and hence one’s personal understanding becomes the evaluating factor of what is ethical or unethical. The concept of autonomy is similar to that of rational self-determination, where rationality is perceived in its constricted logic. The significance of autonomy in individuals can therefore, be used as a means to show the relevance of rational self-determination. The act of becoming rational involves a person having the ability to make sound choices independently. However, self-determination involves making personal or individual choices on thinking, behaving or doing something in a particular manner. For example, a teenage girl can decide to take a pregnancy test without confiding or checking with any person. However, in rational self-determination, an individual is required to have a sound or logic purpose and be alert of the logic behind his determination when making the personal decisions. The connection between self-determination and independence brings in the significance of rational self-determination through representing the liberty of will. The significance is drawn from the benefits obtained from free will including the freedom to make decisions without hindrance from limitations set in a particular environment. The liberation is significant for identifying and analyzing the origin of the system involving people’s beliefs. It is essential to establish why an individual possesses certain desires and the means in which he allows or refutes their mode of origination. As a result, the basis on which personal decisions are made is well comprehended. Freedom in the place of rational self-determination alerts the individual on his reasons for deciding to act or behave in a particular manner. The individual is able to comprehend that he must have certain grounds for doing certain actions alongside the desires he possesses that are autonomously identified from his known wants and inclinations. Rationalized self-determination is very significant especially in developing certain significant skills required in an individual. This is because it involves applying abilities such as boldness, originality, self-advocacy and decision-making in daily life experiences. Self-determination is witnessed when a person takes control or responsibility of her own life. In this case, a person should be acquainted with setting goals, evaluating alternatives and making sound decisions. Although this process can appear as difficult for beginners, growth eventually takes place through learning and practicing the required skills. The view of rational self-determination where people are expected to base their decisions on logical grounds minimizes the cases of unsolvable inconsistencies. In addition, people develop honest attempts in perceiving things from views of other people. Autonomy is considered important because it gives people free will in making judgments in various situations. However, it is important to restrict that freedom when based on rationality since a society developed with irrationality could lead to individuals suffering greater consequences in the future.

Fighting Digital Piracy essays

Fighting Digital Piracy essays The many forms of software piracy and the techniques to combat them that exist today are not only morally wrong and unfair, but it benefits no one by threatening both the producers and consumers way of life forever. Pirates continue to hack software constantly, driving major companies and record labels to strive harder to find ways to stop them. It is a never-ending race that will eventually result in the destruction of both the consumer and producer. One of the most prominent forms of piracy in todays society is the sharing of music files and CDs online. This is one of the more well-known kinds of piracy today, with strong ties to the legal issues involving record companies, artists, and the people who buy the music. Millions of people on the internet every day share files with each other that were ripped from music CDs only each individual was licensed to have. Many people would argue that illegally copying music is morally wrong, yet many of those still continue to do it. Our society has reached the point that it does not matter if it is okay how you get something, only that you get it for free. From the consumers point of view, it makes perfect sense to copy and share music with everyone you can reach over the internet. It is no different than allowing a friend to come over to the house to listen to a new CD. Would those who argue sharing is morally wrong say that people should forbid others from hearing their CDs? People borrow each others CDs all the time. People who know they can just get the CD from their friends are less likely to buy it, but you do not see record companies jumping all over people who share the physical CDs. One might say that allowing a couple of friends to borrow a CD is much different than allowing everyone who can connect to the internet to use it, but where is the line drawn? There is no established number of people that are allowed access to someones CD. The l...

Employee Rewards System At Marriot Hotels Assignment

Employee Rewards System At Marriot Hotels - Assignment Example †¢ Heart of the house: The positions offered to the employees under this role are housekeeping, kitchen service, security, maintenance and engineering services and information technology where teamwork is essential †¢ Heart of the house: The positions offered to the employees under this role are housekeeping, kitchen service, security, maintenance and engineering services and information technology where teamwork is essential (Marriott International, Inc, 2015c)†¢ Hotel management: The positions offered under this role are Director of Finance, Operations Manager, General Manager, Director of banquets, Restaurant manager and Manager of Security where leadership qualities and guidance is essential to achieve the desired results.Jobs supporting Marriott’s BusinessThe different roles offered for supporting the business:†¢ Jobs at Headquarters: The associates have to manage the portfolio of brands that belong to Marriott; they also have to perform in different s pecialized fields like accounting and finance, operations management, different business disciplines and human resources portraying leadership and supportive skills.†¢ Regional and national jobs: The associates of Marriott working in offices provide support to the business in different countries, continents and regional markets by serving in different areas of marketing and sales, human resources, accounting and finance, risk management, tax planning and working across the globe employing the supporting and leadership skills.

Trends Related To the Social, Economic, Technological, Competitive, Assignment

Trends Related To the Social, Economic, Technological, Competitive, and Regulatory Forces that Relate to the Product or Service - Assignment Example According to the research findings, it can, therefore, be said that economic factors include interest rates, taxation changes, economic growth, inflation and exchange rates. The current economic slowdown ensures that clients will start focusing on alternatives which will save their energy bill in the long run. It has been observed that new technologies create new products and new processes. It may be observed here that solar installations have become must more cost-efficient in the least efficient. Continuous R&D has also ensured that cost of production of other energy conserving products has gone down. Greenomics has a distinct first-mover advantage as the market is still new for players to come in and set up shop. Since it is a very new market, Greenomics may enjoy unique benefits while negotiating with its suppliers and end clients. Regulatory factors are the biggest positives that Greenomics have and will continue to, encounter in their quest. With the current global trend favori ng carbon credit regulations and the move towards the ‘Green Office’, clients seem to be lined up for Greenomics! The most important factor that needs consideration while calculating the target market for Greenomics is the fact that the concept of a ‘Green Office’, is still a new concept. So there are no set benchmarks, no set pattern and no established rules concerning the use of energy efficient techniques. The market for Greenomics will consist of all interested in having in place energy-conserving techniques at a place. The initial customers will be comprised of offices who are interested in saving money on the power bill in the long run. A more conscious clientele will, however, emerge, who are concerned about the immense environmental costs associated with traditional energy and thus focus on better and more efficient methods.

PRoject Research Paper Example | Topics and Well Written Essays - 2000 words

PRoject - Research Paper Example Its main components are feldspar and quartz, even though, there are small amounts of amphiboles, mica, and numerous other elements. Due to the varying composition of the granite rock, it comes in various shades and colors such as white, pink, red and gray. Mable, on the other hand, is the metamorphic rock that will be formed when limestone is exposed to the pressure and heat of the metamorphism. Its main component is calcium calcite and normally can have other minerals such as quartz, clay minerals, graphite, iron oxide, pyrite, and micas. Under the intense condition of metamorphosis, the calcite components of the limestone rejoin each other and form larger calcite crystals. Nigeria has its unique culture that is also in cooperated into their business world. One is likely to find self spending in the first two hours of a first conversation just exchanging pleasantries and talking about matters of family and health. To them, these matters are of great importance. One might find himself trying to rush things at this stage. Something that is worth noting is that Nigerians often work as a team and closed door meetings are bound to be frequently interrupted by phone calls, emails, and errands. Some scholars have argued that the law of supply and demand is enough to shape the business world in any region, however, others argue that politics is very vital for business in any region of the world. However what is now known to be true is that lots of political factors determine which direction the economy swings. The ruling government in Nigeria often introduces new rules and regulations or eliminate old ones that determine how business transactions in the country are to be countries out. By this, may include; waivers, import promotion decrees, tariffs, import duties and industrial promotion policies. It can is best illustrated by the 2004 import waiver of Dangote Industries that enabled the firm to

Human Resource Management Essay Example | Topics and Well Written Essays - 500 words - 3

Human Resource Management - Essay Example In order to keep an open mind to the situation of both the employees who are asking for lighter workload it is a good idea to start will looking at the client portfolios that each of the employees are currently holding. Those who have a tougher client listing should thus be catered to first as they are managing more than others. David has a more demanding client and as he has done his job in an efficient manner he should be considered above Jane for the time off. Not only this, but David has given his ideas on how he will make up his time off by working the extra hours which are certainly a plus for him. However, even David has conceded that there may be some effect of his lighter workload on his clients who are the main priority and so it then becomes difficult to let his off. In deciding the time that the employees have spent in the company and their track record there is also of great importance. In the end thought there will be an effect on either parties and there may well be th inking that will be established in the company that those who have kids have an easier job getting a lighter workload as compared to those who need it for other personal reasons. Electronic employee monitoring has taken off since the technological age has made it easier to do so. In certain cases there has been a lot of hue and cry over the idea of employees being monitored all the time in the workplaces. It, however, makes sense at times to be able to track the use of office time and resources. Employers should be able to gauge how much of the time employees spend doing work and how much is being spent otherwise as this can determine how employees are promoted and given other benefits. It is also necessary for companies to avoid espionage from the inside even and monitoring helps to do this. To avoid these threats call monitoring is perhaps within certain permissible limits. There is a downside, as such practices erode the privacy of the employees and certain ethical

Observation 3 Essay Example | Topics and Well Written Essays - 500 words

Observation 3 - Essay Example The children were supposed to count the digits that appeared on rolling a dice. The activity was meant to check and enhance the counting skills of the students. The teacher had used this activity to achieve this because the children had expressed interest in learning the counting this way a day before. Each of the five students was required to roll the dice on his/her turn three times, and sum up the digits that appeared on rolling the dice each time, so that the final number would be the sum of the digits appearing in three different attempts. The children seemed very happy doing this activity. The teacher organized the activity in the form of groups. This not only provided the teacher with a greater control over the activity, but was also very convenient for the low-achieving students as they had got a chance to work with the high-achieving students. The activity in the form of group was also very useful since there were just 5 teddy bears. Had the teacher decided to conduct the activity in a disintegrated manner or had there been no groups, it would have been hard for the teacher to make sure that every student has had at least one chance of playing with the teddy bear. As the children conducted the activity, the teacher moved over to the groups one after another to extend her hand of help to any group that might be in need of it. The group activity was no less useful for the high-achieving students as they had been provided with a chance to teach others the concepts that they felt hard understanding otherwise. I frequently noticed the high-achieving students helping the others. They felt nice since this was a unique opportunity for them. Last but not the least, the activity taught the children group skills. While the students conducted the math activity in groups, the teacher hovered over them so as to make sure that in each group, each student was participating equally and that all students were

Murphy Brewery Ireland, Limited (case study) Case Study

Murphy Brewery Ireland, Limited ( ) - Case Study Example As discussed in the case, Alcohol consumption was falling coz of increased health concerns. Murphy share was already less in the market as compared to that of its competitor so the company should come up with a focused strategy rather than a general one. For e.g. is Ireland Murphy developed growth thorough exporting and making such packaging design that targeted the take-home market. Another cause of the problem is that when we analyse Murphy’s competitor, it can be noted that they invest a lot on advertising. Guinness 12 million pounds investment in advertising called the Big Pint and extensive billboard advertising that represented the strength of the brand was a big success for it. Similarly Murphy’s sales could improve if they spend more budget on advertising. They need to come up as a big brand in order to establish a strong market share and to compete with Guinness and other leading brands. Murphy should work on the promotion of their brand. In order to sustain in the market they need to get big. They need to invest more in their advertising budget so that they can achieve a larger market share. The problem with this is that as they increase their market share they will also have to increase their capacity and will have to invest in that too. Another alternative to this is to remain a niche brand but that has its own pros and cons. Murphy has to see that if it is a premium brand then it should design its marketing mix according to that too. It is a good option as US consumers have high living standard and they represent a major market worldwide. At the same time they should consider that high end consumers have their own choices. So before becoming a premium brand a through market analysis should be carried out that identifies customer preferences and then a strategy shall be designed accordingly. The best thing that Murphy to do will be to work on increasing its market share. If they will not do it

Human Resource Management Essay Example | Topics and Well Written Essays - 500 words - 3

Human Resource Management - Essay Example In order to keep an open mind to the situation of both the employees who are asking for lighter workload it is a good idea to start will looking at the client portfolios that each of the employees are currently holding. Those who have a tougher client listing should thus be catered to first as they are managing more than others. David has a more demanding client and as he has done his job in an efficient manner he should be considered above Jane for the time off. Not only this, but David has given his ideas on how he will make up his time off by working the extra hours which are certainly a plus for him. However, even David has conceded that there may be some effect of his lighter workload on his clients who are the main priority and so it then becomes difficult to let his off. In deciding the time that the employees have spent in the company and their track record there is also of great importance. In the end thought there will be an effect on either parties and there may well be th inking that will be established in the company that those who have kids have an easier job getting a lighter workload as compared to those who need it for other personal reasons. Electronic employee monitoring has taken off since the technological age has made it easier to do so. In certain cases there has been a lot of hue and cry over the idea of employees being monitored all the time in the workplaces. It, however, makes sense at times to be able to track the use of office time and resources. Employers should be able to gauge how much of the time employees spend doing work and how much is being spent otherwise as this can determine how employees are promoted and given other benefits. It is also necessary for companies to avoid espionage from the inside even and monitoring helps to do this. To avoid these threats call monitoring is perhaps within certain permissible limits. There is a downside, as such practices erode the privacy of the employees and certain ethical

Murphy Brewery Ireland, Limited (case study) Case Study

Murphy Brewery Ireland, Limited ( ) - Case Study Example As discussed in the case, Alcohol consumption was falling coz of increased health concerns. Murphy share was already less in the market as compared to that of its competitor so the company should come up with a focused strategy rather than a general one. For e.g. is Ireland Murphy developed growth thorough exporting and making such packaging design that targeted the take-home market. Another cause of the problem is that when we analyse Murphy’s competitor, it can be noted that they invest a lot on advertising. Guinness 12 million pounds investment in advertising called the Big Pint and extensive billboard advertising that represented the strength of the brand was a big success for it. Similarly Murphy’s sales could improve if they spend more budget on advertising. They need to come up as a big brand in order to establish a strong market share and to compete with Guinness and other leading brands. Murphy should work on the promotion of their brand. In order to sustain in the market they need to get big. They need to invest more in their advertising budget so that they can achieve a larger market share. The problem with this is that as they increase their market share they will also have to increase their capacity and will have to invest in that too. Another alternative to this is to remain a niche brand but that has its own pros and cons. Murphy has to see that if it is a premium brand then it should design its marketing mix according to that too. It is a good option as US consumers have high living standard and they represent a major market worldwide. At the same time they should consider that high end consumers have their own choices. So before becoming a premium brand a through market analysis should be carried out that identifies customer preferences and then a strategy shall be designed accordingly. The best thing that Murphy to do will be to work on increasing its market share. If they will not do it

Investigating into the factors that affect acceleration Essay Example for Free

Investigating into the factors that affect acceleration Essay I have chosen to investigate the affect changing the amount of force applied to an object has on acceleration. Hypothesis I predict that as the amount of force applied to the trolley increases, the acceleration will increase in direct proportion. I believe this will happen because according to Newtons Second Law, increasing the force increases the acceleration, provided the mass stays the same. Therefore, acceleration is directly proportional to the force applied. Fair Test Without fair testing the experiment would be useless because the information gathered would not be accurate or reliable. Here are the things we did to ensure our experiment was a fair test:   The distance travelled; the mass and weight of the trolley shall remain constant, as these are not the factors we will be changing.   The only thing we will change will be the force applied to the trolley. No force will be applied to the trolley when it is at the top of the runway, instead we will just let go of it and let gravity be the force.   When putting the trolley at the top of the runway we will make sure that the back wheels of the trolley are touching the ticker timer this way each experiment will start in the same place. We will test the trolley beforehand to ensure all wheels were working, because if one or more wheels are not working this could affect the speed/acceleration of the trolley. Safety Precautions As with all experiment, safety is crucial. Every experiment possesses some form of danger and through these guidelines I hope the risk of danger will be minimised:   Make sure the trolley is stopped before it reaches the end of the runway where the pulley is to prevent damage to trolley, runway or pulley. Make sure that when catching the trolley at the opposite end of the runway you are not in front of it before it reaches a halt as it could cause an injury Ticker Timer For this experiment we shall use a ticker-timer to record our results. A ticker-timer is a way of analysing the motion of objects. As the trolley moves, it drags the tape through the ticker timer, thus leaving a trail of dots, which were printed there by a vibrating metal bar running on an electric current, which hits a piece of paper fifty times a second. The analysis of a ticker tape will reveal if the object is moving with constant velocity or accelerating. This is how we hope to record the acceleration of our trolley. To get the results from the ticker timer tape, you need to divide the tape into five dot strips, this is because each five dots is equal to 0. 1 seconds. Preliminary Work Before the actual experiment took place, we decided to do some preliminary work. There was a chance that something could go wrong, for example, the trolley could hit the side of the runway, or the weights could fall off or the ticker timer would not be entirely accurate. So we gave the experiment a test run to make sure everything worked according to plan. The test run went smoothly and so we all agreed the experiment would be a success Prediction Graph Equipment   Runway   Trolley Metre Stick   Ticker Timer   Roll of ticker timer tape   Pulley   String   Weights Diagram Method First of all we collected all of the equipment. Then we placed the runway on a raised surface approx. a metre above the floor. Once this had been done, we prepared the ticker timer at the top of the runway. We did this by cutting ticker timer tape to 85 cm (We chose this length because the tape will be out of the ticker timer before the weights hit the floor). Next, we plugged the wires into the ticker timer in their rightful places and threaded the ticker-timer tape through the ticker timer. Then we placed the trolley at the top of the runway. We then stuck the ticker timer tape to the back of the trolley with tape. Next, we threaded a piece of string through the trolley and attached it to the pulley at the opposite end of the runway. To the end of this string we added different weights according to which experiment we were on. We started with 100g that is equal to 1 Newton in force. Then, on the count of three we simultaneously turned on switched on the mains, which activated the ticker timer and let go of the trolley, which caused it to roll down the runway. It rolled down the runway because the force of gravity acting on the weights pulled it. Once the ticker timer tape was out of the ticker timer we stopped the trolley to prevent it from hitting the pulley at the bottom end. We then switched off the ticker timer. We then labelled the piece of ticker timer tape to refer to when writing down our results. We then repeated this process for 200g, 300g, 400g, 500g, 600g, 700g, 800g, 900g and 1000g. Results Force = 1N Acceleration = (final speed start speed). Unfortunately, my graph has not turned out how I expected. The results show me that in my experiment the acceleration was not directly proportional to the force applied, which (in relation to my scientific research) should not be possible. The graph should be a straight diagonal line (as seen in my predicted graph) however mine was very varied, although it did follow a positive correlation, so we were on the right lines. Evaluation My results were not very accurate at all. I feel this is because there were a lot of factors that made it an unfair test despite my efforts to keep it fair. This could also be the reason why there are various anomalous results (it might be possible that all the results are anomalous! ) The factors that would have altered my results include: * Friction. The surface of the ramp caused friction because any type of grip on the surface could slow the trolley down. Also, the surface of the wheels could slow down the trolley because this is the affect of any type of traction provided by wheels. There is little we can do to create a friction-less workspace, but to keep it a fair test, we will keep the factors altering friction constant.   Air-resistance. As the trolley moves through the air the trolley pushes on the air and the air pushes back on the trolley making it speed up less (this is called action and reaction). Again, there is not much we can do about this, but if we were to do this experiment again we would keep the aerodynamics of the trolley constant. * Slight curve in runway. This makes a slightly bigger force act on the trolley as it goes downhill therefore it has a greater speed. Next time, we could ensure that the runway is completely flat to prevent unfair alterations to results.   The ticker timer would alter the result as well. Consider the fact that in every second the tape gets hit fifty times this must have had some affect on the results. Unfortunately I dont think we could change this were we to do the experiment again because with the equipment available to us there is nothing more accurate. Given more time, I would have liked to repeat each experiment up to five times, to ensure the results were fair -and to prevent the amount of anomalous results. Also, if I were to do it again, I feel that we could extend the experiment. Originally the aim was to find out the factors which affected acceleration. During this experiment we only altered the force and nothing else, it would be worthwhile to alter other things such as the mass of the trolley, the distance, the weight etc. It would be interesting to see if we could prove Newtons Second Law through other experiments using different trolleys. (His law states that acceleration is directly proportional to the force applied). For example, we have proved (to the best of our ability) that through using the trolley that we did Newtons Second Law does not work, but would it work for other trolleys?

Middle Range Nursing Theory

Middle Range Nursing Theory Contents Introduction Middle Range Nursing Theory Overview of a Nursing Theorist Nursing Meta-paradigm Importance of Middle Range Theory How Will This Theory Improve Nursing Practice? Conclusion References Introduction The nursing theories help in describing the various aspects of the nursing profession and here the middle range nursing theory is discussed which however has a limited scope but provides the best of knowledge for the particular profession. The interest increases in the middle range of nursing theory as the concepts of an individual are been cleared or justified. The practice paper covers range of topics that can be helpful for others and the topics include the succinct description of the middle range nursing theory, then an overview of the nursing theorist is provided to tell what the background is? Following are the perspectives about the health, environment, patients and the nursing. The importance of middle range nursing theories for the new students and the improvement while using this theory clearly states that the students can improve their nursing practice using this theory. And in the end the paper is finally concluded with main key points discussed in the paper (Mary Jane Sm ith, 2008). There are different types of theories, such as, Grand Nursing theory (haves the widest scope and provides general concept but does not allow to do empirical testing and eventually restricts from giving explanation or prediction of situations), Middle Range Nursing Theory (has a narrow scope and connects the two other theories, provide suggestions on a lower level and provides the surety of research based work and nursing practice) and Nursing Practice Theories (has the most limited scope and can be used only for a small range of situations, provides framework, predictions and impact of nursing practice). Middle Range Nursing Theory Middle range nursing theory offers the concrete basis for the handling complex situations. It is narrowly described phenomenon compared to the Grand Nursing theory. It provides less abstract and greater empirical testing along with more specific phenomenon. In this nursing theory, descriptions along with prediction and explanations put forward to answer the queries that are not covered in other theory of nursing practice. This theory provides the perspectives that trains the students to handling the complex and emergency situations and also helps for the nursing interventions. This theory is more applicable in situations where explanations and implementations are needed in nursing practice. Middle range nursing theories are a sub-division of nursing discipline that focuses on potential knowledge of the discipline by expanding the phenomenon related to health care of patients. The middle range nursing theory is defined precisely with the help of ladder of abstraction that states the abstraction level decreases as we come down the ladder and but the conciseness is increased (empirical level), and exactly opposite happens while moving towards the philosophical level. The middle range nursing theory is a sub-division of the empirical level (Sandra J. Peterson, 2009). Overview of a Nursing Theorist Kristen Swanson nursing theory provides the background for the issues related to pregnancy. Kristen Swanson obtained her nursing degree from the University of Rhode Island in the year of 1975 and the master’s degree in the year of 1978. The Swanson theory of nursing takes necessary measures that deal with the miscarriages in pregnancy. The Swanson Theory of Caring encompasses around the counseling for the parents and their families after the miscarriages. The theory involves the combination of techniques that deal with the sociocultural effects which rise after a baby’s loss. This theory provides the overview of aspects which are just beyond to the physical status of the patient. These aspects are considered by the health care professionals to enhance the emotional recovery of the mother and father both, due to miscarriage or abortion. The theory’s basis is laid on the study and research of Dr. Kristen Swanson which focused the issues faced by the parents and families in the women’s pregnancy. The theory provides a platform on which the potential healing of the parents can be done. The researches by the theorist have been incorporating educational models and practices of other physicians all over the country (Ahmed, 2006). Nursing Meta-paradigm The nursing meta-paradigm is the huge models that represent the clear relationship between the current theoretical nursing practices. Presently many of the nursing practices are considered for acquiring the relationship between the four main components of the meta-paradigm. (Parker, 2006). The four major meta-paradigms in the nursing profession are as follows: Person: who are the people that receive the nursing care, this paradigm can be the ill individual who is treated like a subject in the process of treatment. The individual has a constant changing process that takes place between him and his environment. Receivers of the health care from nursing can be a sick person or whole families or any community. Health: that is defined as the level of wellness of an individual. It is dynamic process which is described by the individual all over the life span. The main focuses on the subject’s health are laid on the nature of physical, aesthetic, social and ethical territories. Illness or sickness is defined as the experience of an individual who faced dysfunctions originated due to health care. The level of a person’s health is an expression of the common interacting processes that take place between the individual and their environment. Environment: it corresponds to the internal and external factors that influence the level or degree of health an individual possess. It refers to the impact of geographical and landscape on the individual. Dimensions that may cause harm to the individual include the impact of physiological, psychological, economic and social, cultural, historical, and developmental factors that are prevalent in the society where the individual lives. Nursing: it is the profession that provides the health care facilities in the hospitals. The nursing interventions render care to support the ill patient. These four concepts of the nursing meta-paradigm make up a complete directional understanding of the profession. These four concepts embed the basic knowledge of nursing theory, philosophy, education, research and experience of the nursing profession. Importance of Middle Range Theory Nursing theories provides the principles that underpin the new student’s nursing practices and help generating nursing knowledge (Colley, 2003). The middle range nursing theory is important for the students of nursing because it provides a middle reality view and more specifically generalized practice areas for the nurses. It also provides the nurses with concrete ideas which however are limited but very useful for them. In middle range nursing theory, the characteristics of the propositions are clearly stated due to which a better decision can be made for the health care of patient. The middle range nursing theory provides the level of testability which may generate a test hypothesis. Since the development of middle range nursing theory is from the Grand nursing theory and the nursing practice theory, the theory consists of all the literature review and clinical practices and guidelines that should be followed by the nurses. How Will This Theory Improve Nursing Practice? The middle range theory for nursing is very important for the nurses and therefore, the nursing practice can be improved with this theory. The focuses that are laid by this theory, develops the concrete and conceptual framework of ideas in the nurses with which they can practice their profession efficiently. The scope that is covered by the middle range nursing theory is, however, limited but still the ideas and literature that it consist has concreteness in it which helps in the improvement of the nursing practice. Conclusion By providing nurses with a sense of identification, the middle range nursing theory can help the subjects and the nurses (which are the health care professionals) to identify the particular contribution that should be made to the health care center and the patients too. Providing the nurses with adequate knowledge and guidance according to the principles laid by the middle range nursing theory will help to improve the standards of their practice and also the health of the patient. The four basic components of the nursing meta-paradigm play a significant role, in developing good middle range nurses that tell the relationship between the person, health and environment with the nurses. The middle range nursing theory provides the generalized and conceptual development of the characteristics that lays the basis of the formation of good middle range nurses practicing in the health care centers to provide health care facilities with effective results. References Ahmed, D. S. (2006). Theories and models of nursing practice. Journal of Nursing, 5-7. Colley, S. (2003). Nursing theory: its importance to practice. Journal of National Institute of Health, 33-37. Mary Jane Smith, P. R. (2008). Middle Range Nursing theory. New York: Springer Publishing Company. Parker, M. E. (2006). Nursing theories nursing practice . Philadelphia: F.A. Davis Company. Sandra J. Peterson, T. S. (2009). Middle Range Theories: Application to Nursing Research. Lippincott Williams Wilkins.

The Concept And Antilogy Of Ne Essays -- essays research papers

The Concept and Antilogy of Necessity in 'The Things They Carried'; The Things They Carried by Tim O'Brien, a medley of short stories tied together by a common theme, examines the many facets of necessity and poses a question of just how valuable the things we hold to be necessities really are. During the confusion of war, the definition of necessity becomes rather slippery in the minds of the soldiers and in such desperate situations, a soldier may find himself holding on to all he can. Despite the fact that these objects may hurt the soldier or bring him to his demise, letting go of such articles is very difficult. The late Ted Lavender, whose death is only a memory throughout the book, is one of those men. When he was shot, the enormous amount of weight he was carrying at the time, the fear in his heart, and the weight of the bullet caused him to collapse instantaneously. Symbolically, the act of falling relates to the weight causing his ultimate downfall - death. The Things They Carried exhibits necessity in its advantageous aspects as well as its disadvantageous ones. It examines the burdens of each individual and the effects that the burdens have on the person in given situations. O'Brien deliberately makes the reader consider what constitutes a necessity by packing his story with heavy irony; a weight that sends conflicting images to the reader and causes him/her to examine the realms of necessity. The reader can go further and apply this distinction between real ne...

A Whale Hunt :: essays research papers

Envision the Makah nation before white men came to reduce their lands, diminished their way of life, and contaminate them with new diseases. The Makah tribe was once free to roam along the dark sandy beaches of the Olympic Peninsula and experience the fiery glow of the sinking sun creep into the depths of the vast Pacific Ocean. They are no longer able to undergo this majestic cycle in the same tranquility that their ancestors once did. After dealing with the inequities that were brought upon them by the European settlers, such as being forced to speak a new language and being confined to a minute area of land, that cannot compare to the greatness of the territory where they once lived. On top of that their traditional whale hunt was abstracted from their community. Now with the chance to hunt again, the Makah faced a difficult decision against the opposition. The Makah tribe decided to return to hunting the whale in attempt to restore their culture and traditions. They agreed not t o use the hunt for commercial purposes and to hunt the whale in the same way their ancestors did. I think the Makah nation should be able to hunt the whale as means of renewing their culture and pride. The whale hunt provides the Makah with the ability to restore their culture and traditions, provide reparations for America's mistreatment, all while following strict guidelines for the crew and the process of taking the whale. The Makah’s decision to hunt the whale produced hostile reactions among the many supporters of the whale. Protestors from around the world arrived in mass. They were very unsympathetic, rude, and even aggressive toward the Makahs. An example of this is shown by their behavior toward the Makahs: Very soon, a woman shouted at the crew, ‘Real men don’t kill animals! Only a coward kills whales! You are a coward and a sissy!’ Another woman shouted that the Makah shouldn’t have special rights just because they were Indians. Another woman said her soul was connected to the soul of the gray whale. (Sullivan 136) This shows the emotion that the protestors brought to the controversy against the hunt. Their argument is that the whale is sacred to them too, and that slaughtering the whale is a criminal act. Everybody involved in the hunt is not perfect, but everybody deserves a chance.

Tyco International Company Culture and Ethics

On September 12, 2002, Tyco International’s former chief executive officer L. Dennis Kozlowski and former chief financial officer Mark H. Swartz have been arrested and charged with stealing more than $170 million from the company as well as more than $430 million through false sales of Tyco stock and covering the information from shareholders. Kozlowski and Swartz were charged with more than thirty counts of wrong doing. Hence, Tyco scandal was one of the most notorious of the early 2000s. Consequently, companies need to be alert of any changes in their culture, predominantly with regard to ethical behavior. For example, according to George P. Jones (2003), if sales personnel who aggressively book revenue are consistently rewarded while those who take a more conservative approach are left behind, one may expect to find problems in the company’s revenue classifications and related financial figures. Furthermore, corporate culture is how a corporation thinks the business should be ran. Senior management always has a belief that a firm owed it to its shareholders to get as much profit as possible forgetting that the company’s corporate culture is as important as the profit making. In Tyco’s case, the CEO, Kozlowki was the second-highest-paid CEO, but his lack of conservativeness, his aggressive business style and his extravagant way of living, did raise some red flags and indicated that Kozlowski was acting unethically by manipulating the company’s financials and using the company’s money unethically. According to Whelan G. 2012), as MULTINATIONAL CORPORATIONS (MNCs) have become more numerous, more powerful, and more variously engaged (Dunning & Lundan, 2008; Roach, 2005; UNCTAD, 2010), and as their global operating context has changed (Kobrin, 2005; Ruggie, 1982, 2008a), so too have the normative demands commonly made of them. Within the business ethics and business and society literatures for example, the belief that ‘globalizatio n' has increased the power of MNCs, and concomitantly decreased the power of states, has informed a body of work that normatively prescribes, and positively describes and explains, the political duties and activities of MNCs. Tyco’s stock price initially fell when Tyco was going to make a bid for Honeywell (subject of General Electric's failed takeover last year). The rumor caused Tyco's share price to plummet around 8. 5 percent in the last half hour of trading, and although a company spokesperson denied there was any truth in it immediately after the close, Tyco was in the spotlight – it came under very close scrutiny in the days and weeks that followed (insideinvestorrelations. com). Additionally, the fraud began to unfold when the Securities and Exchange Commission was examining the company's stock price. Business practices by senior management have raised some red flags and the SEC started an investigation into Tyco's practices. Suspicious accounting practices surfaced because Tyco had forgiven a $19 million loan to Kozlowski in 1998 and had paid the CEO's income taxes on the loan. It was then discovered that the company's stock price had been overvalued, and that the CEO and CFO had sold 100 million dollars' worth of shares, and then stated to the public that he was holding them, which was a misrepresentation and misled the investors. Kozlowski and Swartz stole approximately $600 million by taking unauthorized pay and bonuses, abusing loan programs and selling their company stock at overstated prices after lying about Tyco’s finances. And according to nbcnews. com, often, when these two men were accused of stealing millions of dollars, prosecutors said, the defendants hid their alleged thefts by failing to disclose the bonuses and loan forgivenesses in company prospectuses and federal filings, and bought the silence of underlings with outsized compensation. Both used Tyco’s money to buy extravagant lifestyles that featured art, jewelry and real estate, prosecutors said. An example of that spending was the gaudy $2 million toga party Kozlowski threw for wife Karen’s 40th birthday on the Mediterranean island of Sardinia, they said. Tyco paid about half of the party’s cost. Lines Mr. Kozlowski crossed in his tenure as CEO †¢He had Tyco pay for his $30 million New York City apartment which included $6,000 shower curtains and $15,000 â€Å"dog umbrella stands†. He also purchased several acres in the private gated community, â€Å"The Sanctuary†, in Boca Raton, Florida †¢He was engaged in financial frauds through Loan forgiveness and inappropriate bonus payments. †¢He also lied to the shareholders by overrating the stocks of the company. Kozlowski made Tyco pay $1 million (half of the $2 million bill) for the 40th birthday party of his second wife. The party was held on the Italian island of S ardinia, it included an ice sculpture of Michelangelo's David urinating Stolichnaya vodka and a private concert by Jimmy Buffett. The party was announced as a shareholder meeting in order to get corporate funding. CONCLUSION Perhaps one of the most disturbing things of the Tyco scandal was that nobody caught the thieves on time, the fraud surfaced when special groups were put in place to particularly prevent fraud and protect investors. The SEC was not able to prevent or catch the problem on time, they only caught this once it had already spread widely. Decentralizing corporate structure can make it difficult, even for the board of directors, to effectively monitor a firm’s dealings and finances. Kozlowski’s fall and the repercussions of his dirty dealings (financial penalties and jail time) are also detailed. Finally, an explanation of how Tyco survived the scandal is provided, along with safeguards the company has put into place to ensure that similar misconduct does not occur in the future. Reference Jennings, M. (2012). Business ethics: Case studies and selected readings. 7th Ed. Mason, OH South-Western Cengage Learning Whelan, G., 2012. The Political Perspective of Corporate Social Responsibility: A Critical Research Agenda. Retrieved from: learners.ncu.edu George P. Jones, May 2003. Corporate Culture and Ethical Behavior. Retrieved from: http://www.journalofaccountancy.com/Issues/2003/May/CorporateCultureAndEthicalBehavior.htm Insideinvestorrelations.com. Fall of the house of Tyco. Retrieved from: http://www.insideinvestorrelations.com/articles/case-studies/16294/fall-house-tyco/ Nbcnews.com. Ex-Tyco CEO Dennis Kozlowski found guilty. Retrieved from: http://www.nbcnews.com/id/8258729/ns/business-corporate_scandals/t/ex-tyco-ceo-dennis-kozlowski-found-guilty/#.UYa2oKLqnco

Criminal Law Outline

Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Actions are morally right if and only if they result in desirable outcomes b. Rely on theory of utilitarianism to justify punishment: Forward looking effects of punishment. General deterrence, specific deterrence, rehabilitation, incapacitation 2. Nonconsequentialist Theory c. Actions are morally wrong in themselves, regardless of the consequences d. Theory of Retributivism: look back at the harm and calibrate the punishment to the crime Theories of Punishment ) Incapacitation: Incarceration to render them harmless 2) Retribution: collective condemnation of society bearing down. â€Å"Just Deserts† 3) Rehabilitation: give the criminal skills and values to make them a law-abiding citizen 4) General Deterrence: deter other criminals from committing crimes 5) Specific Deterrence: deter the punished criminal from future crimes Justifications for Punishment in Context 1. The case of Thomas Dudley (Eng. 1884): Stranded at sea for 24 days, 2 men conspire and kill a third to eat. Charged with murder and sentenced to death a. Necessity defense doesn't apply.Lawfully killing another to save yourself is only in reference to necessity and self-defense (violence towards yourself) Retributive in nature 2. People v Suite: Man owned . 32 caliber pistol, not licensed as required by 1980 legislation. Sentenced to 30 days in jail b. Principle aim of the gun licensing law is general deterrence. Reduction of jail time would proclaim that first time offenses would not result in jail for first time offenders and would declare 30 days to be too harsh/abuse of discretion. Upheld to further principle of general deterrence legislature intended Standards of ProofProsecution: beyond a reasonable doubt (state has high burden b/c innocent until proven guilty) 1. Curley v US: Judge must ask if prosecution has introduced sufficient evidence such that a rational jury could decide that the prosecution has prov en its case beyond a reasonable doubt. If evidence reasonably permits a verdict of acquittal or guilt, decision is for the jury to make. Defense: by the preponderance of the evidence. (self-defense, insanity, necessity) Rule of Lenity When statutory intent is unclear, the ambiguity must be resolved in favor of the Defendant.US v. Dauray Actus Reus Definition: Voluntary Act, social harm A voluntary act that results in social harm, or an omission where there is a duty to act. 1. Thoughts do not constitute criminal acts 2. Actions compelled by the state do not constitute criminal acts 3. Criminal â€Å"acts† must be voluntary 4. No liability for omission unless there is a duty to act 5. â€Å"Status Crimes† are unconstitutional Cases Act, not thought 1) Proposition against thought crimes- State v Dalton: â€Å"act† was the writing of a child molestation diary. Acquitted.From a deterrence perspective he should not be guilty; from rehabilitation perspective maybe. Si nce regime is generally geared to deterrence it was the right outcome 2) Hate crimes/speech- Wisconsin v Mitchell: group of black men beats up young white boy a. Rule: Statutes penalizing bigoted motivations (thoughts) are justified b. Rationale: these acts are more likely to provoke retaliatory crimes, so society has a greater interest in punishing them. Deterrence and retribution justify harsher penalties Voluntary, not involuntary MPC 2. 01: Requirements of Voluntary Act 1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act. (2) NOT voluntary Acts: reflex/convulsion; bodily movement during unconsciousness or sleep; conduct during hypnosis; bodily movement that otherwise is not a product of the effort or determination of the actor, whether conscious or habitual 3) Acting under State Compulsion- Martin v State: drunk on public highway b/c police brought him there c. Rule: no voluntary act where state compelled the action. d. Rationale: prevent the government from punishing the innocent 4) Involuntary Acts- State v.Decina: epileptic who knew of his condition drives and kills children e. Rule: an involuntary act can be voluntary when the individual knew of its likelihood and failed to preventatively act f. Rationale: it doesn’t matter if a person is unconscious when the harm occurs as long as the act took place only because, during consciousness, there was bad thinking- here, recklessness or negligence in failure to prevent the harm. He purposefully put himself in a situation that created a further risk. 5) Powell v Texas: Powell charged with public intoxication g.Rule: Voluntary because he could have prevented his appearance in public h. Rationale: criminalizing involuntary behavior is cruel and unusual (8); this wasn’t involuntary MPC 2. 01: Voluntary, involuntary, omission, possession * Involuntary: Convulsion, moving while unconscious or asleep, conduct during hypnosis, or a movement no t a product of the effort or determination of the actor; Voluntary defined by the negative * Omission: liability for an omission cannot arise unless the omission is made sufficient expressly in the language defining the offense, or a duty to perform is imposed by law. Possession: D must have been aware of possession for sufficient period to have been able 2 terminate it Status Crimes- Criminalizing a status violates 8th Amendment: Cruel & Unusual 1) Robinson v California: man with track marks charged with narcotics addition a. Rule/Rationale: The act of using narcotics can be criminalized; addiction can’t. Criminal penalties may not be inflicted upon a person for INVOLUNTARY acts. 2) Powell v. Texas: a chronic alcoholic was charged with being drunk in public b. Rule: public drunkenness is not a status crime because it is PUBLIC. c.Rationale: convicted of being D. I. P. not chronic alcoholic. Volitional act of choosing to drink without preventing oneself from being in public i s sufficiently proximate to the inviolate act of going out while drunk to give the state an ACT to punish. 3) Jones v City of Los Angeles: punished behavior on sidewalks 24-7 which homeless people can’t avoid. d. Rule: it is unconstitutional to punish acts arising out of an involuntary status because these acts are also necessarily involuntary. Omissions 1) Omission can be an actus reus where there is a legal duty to act, and D was physically capable of acting. mens rea, causation, and concurrence still required) a. Contracts for care b. Special relationships c. Statutory duty d. D created the risk of harm e. D voluntarily assumed care (especially if others are prevented from giving care) 2) People v Beardsley: man and woman get drunk over weekend, she surreptitiously takes morphine and dies after D gave her to someone else to let her sleep it off f. Rule: no legal duty existed because none of the 5 above were present. g. Rationale: a legal duty is not the same as a moral obl igation; acquaintances aren’t close enough relationally to create a legal duty without one of the above. ) Commonwealth v Howard: mother failed to prevent her daughter’s torture and murder by a third party h. Rule: parents have a legal duty to protect their children- special relationship i. Rationale: parents can be legally forced to act; additionally, the omission was the direct cause of the death (medical testimony). 4) Commonwealth v Pestinikas: couple contracted to care for old man for $300/mo j. Rule: failure to care for another is only a breach of a legal duty when the caregiver has undertaken the responsibility of care through contract or voluntarily k.Rationale: the omission in situation of duty caused harm D could have prevented. Mens Rea Definition The particular mental state provided for in the definition of an offense. Rationale for Requiring Mens Rea Deterrence or Utilitarian Justification: you cannot deter someone who does not have a guilty mind. Retribut ive Justification: â€Å"Just Deserts. † You should not punish someone who is morally innocent. MPC v Common Law Equivalents of Mens Rea MPC 2. 02(2)| Common Law| Purposefully: conscious object to commit| Intent- natural and probable auses| Knowingly: awareness; substantial certainty| Knowledge- aware of the fact, or correctly believes it exists, including willful blindness| Recklessly: conscious disregard of foreseeable risk- subjective standard. Awareness. | Concepts of â€Å"recklessness† and â€Å"negligence† are often embodied| Negligently: should have been aware of risk and disregard it- reasonable person would have been awareNo distinction b/n general, specific intent| Distinction b/w general, specific intent| CL: Uses the concept of mens rea in many terms: Willfully, wickedly, maliciously, knowingly, intentionally, negligently.No uniformity across states as to definitions MPC: 4 mental states that are precisely defined. If no mental state is referenced i n a statute, read in recklessly. Proving â€Å"Intent†, common law- natural and probable consequences doctrine 1. Regina v Cunningham: Son in law stole gas meter to sell; mother-in-law was exposed to coal gas. a. Malice means (i) an actual intention to do the particular kind of harm that was in fact done or (ii) recklessness as to whether such harm should occur or not (foresaw risk; continued anyways) 2.State v Fugate: D shoots and kills store owner after forcing him into basement. b. Intent can be inferred from attendant circumstances and composite picture developed by evidence, including instrument used to produce death and the manner of inflicting a fatal wound. c. Intent to kill may be presumed where the natural and probable consequence of a wrongful act is to produce death. 3. Foreseeability Issues: If harm is so foreseeable as to almost be certain to occur, intent can be found. Proving â€Å"Knowledge†, common law- willful blindness 1.US v Jewell: a person acts k nowingly for common law if the person is aware of the fact OR correctly believes it exists OR suspects the fact exists and purposefully avoids learning the truth a. Deliberate ignorance and positive knowledge are equally culpable. To act â€Å"knowingly† is not necessarily to act only with positive knowledge, but also to act with an awareness of the high probability of the existence of the fact in question. When such awareness is present, â€Å"positive† knowledge is not required. Transferred Intent – only where harm is to people; NOT property 1. Regina v Pembliton: D threw stone at enemy, hit window instead.Intent to hit friends is not intent to hit window; mens rea is lacking. 2. Regina v. Falkner: intent to steal rum is not intent to burn down a ship. 3. People v Scott: D intended to shoot A and shot B instead; mens rea (intent) transfers. Society has a greater interest in deterring and punishing (retribution) people who kill than damage property. Common law Specific v General Intent – consider the attendant circumstance * Specific intent statute: requires intent to cause harm to the attendant circumstance; to be convicted under a specific intent statute, you must intend (and succeed) in burning a BOOK.You must have a conscious objective that is more than just lighting a match. * Intending to complete the act- purposefully, knowingly * General intent statute: requires intent to do the act, only. Might punish setting fire to instead of saying, setting fire to woodland flora. Drunk people are likely to get netted under a general intent statute because the attendant circumstance is general. * Intending the act- negligent, reckless * People v Atkins: Attempt to raise voluntary intoxication to charge of Arson. * Court finds Arson as general intent crime. Inadmissible b/c only need to do actus reus.How MPC Avoids Specific Intent-General Intent Distinctions 1. MPC 2. 02(1): Minimum Requirements of Culpability a. Except as provided in 2. 05 (strict liability provision), a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or negligently with respect to each material element of the offense 2. MPC 1. 13(9): â€Å"element of offense† means (i) such conduct or (ii) attendant circumstances or (iii) such a result of conduct as b. is included in the description of the forbidden conduct in the definition of the offense; or c. stablishes the required kind of culpability d. negatives an excuse or justification for such conduct e. Negatives a defense under the statute of limitations 3. MPC 1. 13(10): â€Å"Material element of an offense† means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue, or any other matter similarly unconnected with (i) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct Strict Liability Crimes Statute lacks mens rea component. MPC reads recklessness into any statute missing a mens rea. * TRUE STRICT LIABILITY CRIMES: regulatory crimes, crimes against the public welfare, morality offenses (statutory rape), felony murder. MPC 2. 05 recognizes only minor â€Å"violations† and violations outside the MPC where it is plain that the legislature intended to create strict liability Morissette: Ordinary presumption is to read mens rea in the statute (recklessness). Courts are likely to construe the following as strict liability offenses: 1.Statute protects the public welfare 2. D is in a position to prevent the harm and it is reasonable to expect this of her 3. The penalties imposed are light 4. There is little stigma associated with the offense 5. It is a newly created crime Commonwealth v Barone: Woman killed another in a car crash, appeals on grounds that the statute imposed strict liability and she shouldn't be punished 1. If a statute is ambiguous, must read in reckless or neg ligent and cannot impose strict liability. Heavy penalties and negative stigma associated with this type of crime.Mistake and Ignorance In general: D commits a crime with a belief that turns out to be wrong. MPC: what does the statute require for mens rea? Rationales for Mistake and Ignorance Defenses 1. Deterrence/Utilitarian Justification: you cannot deter someone who does not possess a guilty mind 2. Retributivist justification: â€Å"just desserts. † you should not punish someone who is morally innocent Question Tree 1. MPC or common law? a. What statute are you being asked to apply? 2. Mistake of fact or law? — what must D show to prevail under mistake defense? b. MPC 2. 4: No distinction b/w mistake of fact and law i. Mistake of fact: must negate mens rea of the statute ii. Mistake of law: no defense unless provided in the statute iii. When D raises mistake claim, P must prove that notwithstanding the mistake, D possessed requisite mens rea c. Common law: iv. Mis take of fact: 1. Specific intent: honest but unreasonable mistake is a defense 2. General intent: defense only if both honest and reasonable v. Mistake of law: 3. No excuse, but three exceptions: relied on official interp. f law, knowledge of illegality is an element of the crime, or no fair notice Common Law: Cases – Mistake of Fact 1. People v Navarro: D took lumber, thinking it was abandoned. a. Larceny is a specific intent statute, so mistake of fact is a defense, if honest 2. Bell v State: MINORITY VIEW: no exculpation for mistake where, had the mistake of fact not been made, the conduct would still be illegal or immoral. b. Moral wrong test: there is no violation of the culpability principle if the conduct is criminally punished without regard to mens rea- mistake of fact not a defense if the conduct is morally wrong. . Ask if reasonable ii. If reasonable, look at factual panorama. â€Å"what is it that you (reasonably) thought you were doing? † Insert candid res ponse. iii. Evaluate morality of actor’s conduct. If morally wrong, it is sufficient to convict. c. Legal wrong test: even if D can assert a reasonable mistake of fact, mistake of fact isn’t a defense if, had the facts been as she thought, she would still be guilty of some other crime. d. Punishes D for the crime he was mistaken about committing (and so never did actually commit) instead of for a lesser crime he did actually commit.Cases- Mistake of Law Ignorance of the law is not a defense against criminal liability UNLESS: 1. Reasonably relied on an official interpretation of the law (Marrero) 2. Where knowledge that the conduct is prohibited is an element of the crime. Ignorance or mistake negates the mens rea. a. Cheek v US: When statute requires willfulness, Subjective standard is to be used and shall be determined by the factfinder. Need not be reasonable. b. Bryan v US: (Gun Trafficker) Knowingly requires proof of knowledge of the facts that constitute the crime .Willfully requires knowledge of the specific rule they are breaking. However, ignorance of the law is no excuse; knowledge that the conduct is unlawful is all that is required. 3. The prosecution of person lacking fair notice can violate due process c. Lambert- no fair notice. In order to be punished, there must be a probability that D had actual knowledge of the law before committing the crime. MPC * Does not allow mistake as a defense where D would be guilty of another offense had the situation been as he supposed; but if that punishment is lesser, it will be imposed instead. Mistake of fact under MPC is a defense if it negates the mental state required for commission of the offense. * Mistake of law under MPC is a defense if the law provides that the state of mind established by such ignorance or mistake constitutes a defense * Relationship between various mistakes of fact and required mens rea levels: Required Mens Rea| Defense / D is not guilty if: | Purposely or knowingly| An y actual belief to the contrary (even if reckless)| Recklessly| Any non-reckless mistake of fact (even if negligent)| Negligently| Any non-negligent â€Å"reasonable† mistake|Strict Liability| Even a very reasonable, non-negligent mistake is no defense| * We applied MPC in RRH book burning example. Mistake can be a defense, but it has to be less than conscious disregard in all circumstances. RRH’s mistake was negligent at the very worst, not even reckless. Causation Question Tree 1. Actual cause? a. But for D's act, would the harm have occurred? i. No: actual cause. (proceed to proximate cause analysis) ii. Yes: not actual cause. 1. Proximate cause? a. Is D the direct cause, such that it would be fair and just to hold him liable? i. Yes: Then D has complete liability. ii.No: proceed to intervening cause analysis a. Was there an intervening cause? If Dependent, D typically is proximate cause unless bizarre i. Yes: 1. Was it dependent on D's voluntary act? a. Yes: next q uestion: i. Was it a bizarre situation? 1. No: D has liability. 1. Yes: D is absolved. 1. Was it independent of D's voluntary act? a. Yes: was it foreseeable? If yes, liable. If no, not liable a. No: does anything above fit? i. No: if there is no intervening cause and was proximate cause, D is liable. Cases 1. Commonwealth v Rementer: woman runs from boyfriend into street, hit by car, killed a.Actual cause? YES. But for their fight, she would not have been in the street. b. Proximate cause? First, was there an intervening cause? YES. ii. Was the intervening cause dependent or independent? 1. Dependent- he fought with her, and she ran. 2. In cases of intervening dependent cause, he is liable unless it was a bizarre situation. They were fighting in front of a road, so no. c. D is liable. Actual cause, and proximate cause, the latter through dep. Intervening 2. State v. Govan: D shot the V in the neck, she became a quadriplegic d. Actual cause? YES.But for†¦ e. Proximate cause? Wa s there an intervening cause? Yes- pneumonia killed her. iii. Dependent or independent intervening cause? 3. Dependent- you don’t die from TB unless you’re a quadriplegic 4. Dependent intervening cause, not bizarre- D liable. iv. An intervening cause that was a coincidence will be a superseding cause when it was unforeseeable. Intervening causes that are a response will be superseding when it was abnormal and unforeseeable 3. Henderson v Kibbe: drunk guy robbed and left on snowy highway w/o glasses f. actual cause?YES. But for being left there†¦ g. Proximate cause? Was there an intervening cause? Yes. Indep or dep? v. Independent: they weren’t driving the truck that hit him 5. If Indep, it was foreseeable, so D is liable. vi. Dependent: but he wouldn’t have been there without their robbing him 6. If Dep, truck wasn’t bizarre, so D is liable. Concurrence Temporal and Motivational 1. Temporal concurrence: D must possess the requisite mens rea at the same moment that her voluntary conduct (or omission) causes the social harm (or actus reus) 2.Motivational concurrence: the mens rea must be the motivating force behind the act Sexual Offenses MPC Rape: 213. 1: Rape if: * Compel to submit by force of threats of death, extreme pain, etc OR * You give V GHB, etc OR * V is unconscious OR * V is younger than age 10. Felony 2nd degree * NO MISTAKE OF AGE DEFENSE UNDER AGE 10 * There is a mistake of age defense between 10 and age of consent Rape Traditional: no rape unless force was used to overcome the victim’s resistance (No resistance, then no force, then no rape) rape determination based on victim’s actions. ) Heterosexual vaginal intercourse NO MENS REA 2) of a woman, not the man’s wife 3) by force and 4) without her consent – consent is an element; that she did not consent has to be shown beyond a reasonable doubt by the prosecution in order to convict (hard to prove) a. FORCE: Whether D’s act s used sufficient force to overcome P’s resistance, or whether his threats created in her mind a reasonable fear of harm. b. Rusk v State: she didn’t actively resist or attempt to run when she had the chance, so under the traditional view she could not have been raped. i.She said she was fearful, but unless D objectively manifested his intent to use physical force to accomplish his purpose, her submission will be read as consent because it couldn’t have been reasonable without an objective manifestation. ii. DISSENT: (now majority rule): this view requires too much resistance from the victim- and resisting victims get hurt more often. Modern: force requirement met by nonconsensual penetration- no need for resistance that requires force to overcome. Rape determination based on D’s actions, not V’s actions or character. * Modern rape law is built around meaningful consent. It is gender neutral, includes the word â€Å"coercion†, includes more than vaginal intercourse, uses the term â€Å"sexual assault† instead of rape * Consent is an affirmative defense, not an element 1) Physical force or coercion 2) NO EXPLICIT CONSENT ELEMENT – consent is an affirmative defense; a question that she may have consented has to be raised by a preponderance of the evidence a. State of New Jersey v MTS: force requirement met by nonconsensual penetration. Physical force in excess of that inherent in the act of sexual penetration is not required for such penetration to be unlawful i.There is an inherent wrong in forced sexual intimacy- crime against a person’s right to control her body. Rape is violating the sphere of privacy. 3) WHAT COUNTS AS CONSENT? Permission can be inferred either from acts or statements reasonably viewed in light of the surrounding circumstances b. In re John Z: Woman participated in sexual acts for a while; after penetration told him to stop. ii. Forcible rape is still committed when V consents i nitially, then withdraws consent, but D continues having sex with her iii.Her consent can be debated- she consented through acts, then lightly verbally said no, but physically continued†¦ Statutory Rape * Common law: Sex with a female under the age of consent. * Assumes male D, female V * Heterosexual, vaginal intercourse * No force required * No non-consent required (so if she consented it’s still statutory rape) * MPC 213. 4: Sexual assault. Sex with child under age 10 is a strict liability crime, no mistake of age defense. Between age 10 and age of consent, there is a mistake of age defense. Garnett: even a mentally handicapped person can be convicted of statutory rape with a person his mental equivalent- we don’t care about mindset, only about the act. * Scholars think strict liability crimes don’t serve a deterrent purpose because they punish without regard to the actors’ state of mind. * But I think this sort of liability is a good thing overal l because people are aware that if they have sex with someone who looks young, they could be in trouble- forces people to be a bit more responsible- but then, people probably don’t think of the punishments ahead of time, either.Homicide Common law: 4 primary kinds of homicide. (** minority rule) Murder, 1st degree Murder, 2nd degree Voluntary Manslaughter Involuntary Manslaughter Murder: The unlawful killing of a human being with malice aforethought Manslaughter: The unlawful killing of another human being without malice aforethought CL: 4 conditions when malice aforethought is present 1. An intent to kill 2. Intent to commit serious bodily harm 3. An abandoned and malignant heart or depraved heart 4. The felony murder rule applies If D intends to kill, he acts with express malice.If malice aforethought is shown in any other way, it is implied malice. Acceptable Evidence when proof of murder depends on malice aforethought 1. Inferred from circumstantial evidence 2. Deadly wea pon rule: Can infer intent to kill when D uses deadly weapon and aims it @ vital part of body 3. Natural and probable consequences rule Murder, 1st degree: Murder involved * Premeditation and Deliberation * Premeditated intent to kill. Killer reflected upon and thought about the killing in advance * Deliberation. Refers to the quality of the accused’s thought process * Statutory felony murder. Lying in wait, poison, torture, etc. Murder, 2nd degree: * Unpremeditated intent to kill * Intent to cause great bodily harm** * Depraved heart/extreme recklessness * All other felony murders Murder Cases * State v Brown: Death of 4 y. o. resulting from beating from father. charged with M1 * To be guilty of first degree murder, one must act with premeditation and deliberation in addition to malice aforethought * Although premeditation can be formed in an instant, it must be done deliberately- with coolness and reflection * State v Bingham: Raped and strangled on highway To allow a findi ng of premeditation only because the act takes an appreciable amount of time obliterates the distinction b/w 1st and 2nd degree murder. Having the opportunity to deliberate is not evidence of deliberation. Otherwise, any form of killing which took more than a moment could result in a finding of premeditation, without some form add'l evidence showing reflection * Gilbert v State: 75 y. o. man killed dementia wife by shooting her * good faith is not a legal defense to first degree murder Voluntary manslaughter Intent to kill plus reasonable provocation (always has to be reasonable provocation for charge of voluntary manslaughter- something akin to heat of passion. But for provocation, this person wouldn't be a killer) * Provocation: One who kills in response to legally adequate provocation is treated as having acted without malice aforethought, the mens rea required for murder * Intent to kill plus imperfect self defense** (D might have over-defended themselves) * Diminished Capacity 3 ways to determine if D is entitled to provocation defense * Common law categorical defense.If kill in response to * Aggravated Assault or battery * The observation of a serious crime against a close relative * Illegal arrest * Mutual combat * Catching one’s wife in the act of adultury * Mere Words Rule: Mere words are never enough to constitute legally adequate provocation * People v Ambro: H stabbed wife after verbal goading and revealing that she was in an affair * Mere words are usually not enough. Exception to which is when there is a series of provoking statements and circumstances. * Modern Reasonable Man. Jury must find * D actually acted in the heat of passion The heat of passion was provoked by an act or event that would have also provoked a reasonable person in the D's shoes to lose self-control * D did not have sufficient time to â€Å"cool off† b/w provocative event and the killing * A reasonable person in Ds shoes would not have had sufficient time to co ol * There must be a causal connection b/w the provocation, the passion, and the killing * People v Barry: Husband strangled wife with phone cord after hearing that she was leaving him * Court considers the whole course of provocation over time, not just in the moments leading up to the murder * MPC Extreme mental or Emotional Disturbance test * MPC 210. 3(b): A homicide that would otherwise be murder may be considered manslaughter when it is committed â€Å"under the influence of extreme mental or emotional disturbance for which there is reasonable explanation and excuse. * â€Å"the reasonableness of such excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be. † subjective * State v Dumlao: Husband shoots mother in law after thinking that family members were trying to cheat on him with his wife. Was a very insecure individual * Intense mental or emotional disturbance is distinguished from insanit y in that it is to be understood in relative terms as referring to a loss of self control due to intense feelings * 3 part test for EMED Will be found in a person who has * No mental disease or defect Is exposed to an extremely unusual and overwhelming stress * Has extreme emotional reaction to it, as a result of which there is a loss self control in reason is overborn by intense feelings, such as passion, anger distress, grief excessive agitation or similar emotion * Whether there is a reasonable explanation should be made by viewing the subjective internal situation in which the D found himself and the external circumstances as he perceived them to be at the time, no matter how inaccurate that perception may have been, and assessing from that standpoint whether the explanation for his emotional disturbance was reasonableInvoluntary manslaughter — Cause death with criminal negligence * Can secure IM conviction through Criminal negligence (â€Å"gross† negligence or ev en â€Å"recklessness†) or Misdemeanor manslaughter (felony murder, junior) * MPC Equivalent 210. 3(1)(a): â€Å"criminal homicide constitutes manslaughter when it is committed recklessly† * Commonwealth v Welanski: Night club burned down and killed hundreds * Not required to prove that he caused the fire by some wanton or reckless conduct. Enough to prove that the deaths resulted from his wanton or reckless disregard of the safety of the patrons in the event of fire form any case. Depraved Heart Murder What: When there is a killing but no proof of an intent to kill, the law may â€Å"imply† malice. One of these situations is when the individual who kills acts with an abandoned and malignant heart * Homicide involving â€Å"depraved heart† can be punished as a second-degree murder; gross negligence or simple recklessness can only be punished as involuntary manslaughter * Rule: Malice will be implied in a homicide case if it can be shown that the D acted w ith gross negligence and an extreme indifference to human life. D realized that his actions created a substantial and unjustified risk of death and yet went ahead and committed the actions anyways * People v Knoller (Supreme Ct.CA 2007): Dog mauled woman to death. D charged with Murder 2 * Abandoned and malignant heart is equated with D’s awareness of the risk created by his/her own behavior. Must act with conscious disregard of the danger to human life * Phillips test: Malice is implied when the killing is proximately caused by an act, the natural consequences of which are dangerous to human life, which act was deliberately performed by a person with conscious disregard for life. Conscious disregard of human life is required, but is not subjective standard. Felony Murder * Killing during the commission of a felony is considered murder in the second degree.In some states, killing during the commission of certain statutorily proscribed crimes can elevate the murder to Murder 1 * Level of intent to perform a felonious act is evidence of malice which can be transferred to murder * People v Stamp (Ct. Appeal CA 1969): Man dies of heart attack following the robbery of his store. * A killing committed in either the perpetration of or an attempt to perpetrate robbery is murder of the first degree. Malice aforethought is presumed on the basis of the commission of a felony inherently dangerous to human life. No intentional act is necessary other than the attempt to or the actual commission of the robbery itself. * Not limited to deaths which are foreseeable.As long as the homicide is the direct causal result of the robbery, FM applies * Inherently Dangerous Felony Limitation: For the FM Rule to apply, some jurisdictions require that the underlying felony is inherently dangerous * Hines v State (GA 2003): While hunting, D mistook friend for a turkey and shot him. convicted of FM based on the underlying crime of possession of a firearm by a convicted felon. * Felo ny is â€Å"inherently dangerous† when it is â€Å"dangerous per se† or â€Å"by its circumstances creates a foreseeable risk of death. † foreseeable risk of death when person was drinking, hunting * The Res Gestae Requirement: The felony and the homicide be close in time and distance (temporal and geographic proximity).There must be a causal connection between the felony and the homicide * People v Bodely (Ct of Appeal CA 1995): Escape from a robbery. Got in car, ran over victim. * The test used in FM cases to determine whether a killing is so closely related to an underlying felony as to justify an enhanced punishment for the killing is that the crime continues until the criminal has reached a place of temporary safety * the homicide is committed in the perpetration of a felony if the killing and the felony are parts of one continuous transaction. This escape rule serves public policy considerations of deterrence * King v Commonwealth (Ct of appeals of VA 1988 ): accidental death of co-felon during commission of a felony.D charged with FM 2nd Murder after crashing plane that had marijuana in it. * death must be a consequence of the felony and not just a coincidence * Only acts causing death which are committed by those involved in the felony can be the basis for a conviction * The act causing death must result from some effort to further the felony before malice can be imputed to the act * There must be some act attributable to the felons which causes death * The Merger Doctrine: In some states FM does not apply if the underlying felony is an integral part of and included in the fact of the homicide * People v Smith (CA 1984): Beating of a child which resulted in death.Claims FM should not apply * The ostensible purpose of the FM rule is not to deter the underlying felony, but instead to deter the accidental or negligent killings that may occur in the course of committing that felony * The Agency Rule: FM rule does not apply to killings b y third parties * State v Canola (Supreme Ct. of NJ 1977): During robbery of jewelry store, co-felon shot and killed by owner of store. Other felon charged with FM. * Felon is not liable for the death of a co-felon. For D to be guilty of murder under FM rule the act of killing must be committed by D or his accomplice acting in furtherance of their common design. Lethal acts of 3rd persons not in furtherance of the felonious scheme do not count towards FM rule Attempts, Complicity, Conspiracy See chart Attempts Inchoate Conduct: conduct which occurs after the mens rea has been formed but is shy of the completed act 1. Common Law Approach * Attempt to commit felonies = felonies; attempt to commit misdemeanors = misdemeanors * generally punished less severely than completed offenses 2. MPC Approach * Generally punishes crimes at the same level as the completed offense, except when the target crime is a capital offense or a felony of the first degree (then treated as second degree felon y) Mens Rea of Attempts * Common law * Requires specific intent to commit the targeted offense.True even when the target crime does not require specific intent * MPC 5. 01 * D must ‘purposely' engage in conduct (â€Å"substantial step†) which would constitute crime if the attendant circumstances were believed as D perceived them to be. Cases 3. People v Harris (IL 1978): D charged with murder even though he did not intend murder * Attempted murder is not proved by showing that D intended to do great bodily harm or that he acted in reckless disregard for human life- Intent is needed. Attempted murder requires intent to bring about that result described by the crime of murder 4. State v Hinkhouse (OR 1996): D had HIV, slept with multiple partners.Charged with attempted murder * A person is guilty of attempting to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward the commission of the crime * A person commits attemp ted murder when he or she attempts, without justification or excuse, intentionally to cause the death of another human being. To act intentionally is to act with a conscious objective to cause the result or to engage in the conduct so described. Actus Reus of Attempts * Common Law * No single test for determining when â€Å"mere preparation† for an offense becomes an attempt * Focus is on how much, or how little, is needed to be done to complete the target offense * MPC Conduct must amount to a substantial step toward culmination of the commission of the targeted offense * Focus is on what D has already done and whether the acts are corroborative of criminal purpose Cases 5. People v Rizzo (NY 1927): D was riding aroud looking for a person to rob. Arrested and charged with attempted robbery * Line is drawn between acts which are remote and which are proximate and near to consummation. * Felonious intent alone is not enough. There must be an overt act shown to establish an att empt. * Proximity approach: A crime is attempted if D did an act tending to the commission of this robbery. Because they had not found or reached the presence of the person they intended to rob, not guilty 6. People v Staples (CA 1970): Attempted burglary of a bank vault. Acts beyond mere preparation is enough to convict of attempted robbery * Preparation consists of devising or arranging the means or measures necessary for the commission of the offense; the attempt is the direct movement toward the commission of the crime after preparations are made * The act must reach far enough toward the accomplishment of the desired result to amount to commencement * Where intent to commit the substantive offense is clearly established, acts done toward the commission of the crime may constitute an attempt where the same acts would be held insufficient to constitute an attempt if the intent with which they were done is equivocal and not clearly proved. Defenses to Attempt * Common Law * No aba ndonment. Majority of CL states do not recognize the defense of abandonment. nce D crosses line from preparation to attempt there is no turning back * Impossibility * Legal Impossibility- when no law makes the conduct a crime is a defense * No factual impossibility . * MPC * Renunciation: MPC 5. 01(4) allows a D to introduce evidence of renunciation in circumstances where * renunciation is voluntary and complete * No Impossibility Defense of Impossibility * You cannot commit a crime which is impossible to commit * US v Thomas- cannot rape a corpse. Group Criminality Complicity One who intentionally assists another in the commission of a crime can be convicted of that offense as an accomplice Mental State necessary to render one an accomplice Common Law: Act with the same mens rea as the principle AND the intent to aid * MPC: act with the same mens rea as principle AND the purpose of promoting or facilitating the commission of an offense Types of acts necessary to render on as an acc omplice * CL: any form of aid to the principle is sufficient, but a failed attempt to aid is not * MPC 2. 06: both aiding and attempting to aid are sufficient Cases Pace v State (IN 1967): man picks up hitch hiker; he robs man in back seat at knife point and driver is held as an accomplice * Negative acquiescence is not enough to constitute a person guilty of aiding and abetting the commission of a crime. Must have affirmative conduct State v Parker (MN 1969): Law student beaten in the back seat of his car by others; he escapes, claims robbery and stolen car. person in front seat held as accomplice * Aid by inaction is possible.If proof shows that a person is present at commission of a crime without disapproving or opposing it, jury may infer accomplice liability in connection with the attendant circumstances and thereby reach the conclusion that he assented to commission of the crime * Evidence of subsequent acts may also prove participation in the criminal acts- running from polic e Conspiracy An agreement between two or more persons to commit a crime CL Elements of conspiracy Actus Reus 1. An agreement between two or more persons to commit an unlawful act AND an overt act * State v Pacheco (WA 1994): PI and employee who was a cop. PI goes to FBI w/ info on employee about illegalities. Set up a sting where cop agreed to kill someone.Charged with conspiracy to commit Murder 1 * There must be an actual agreement between two or more conspirators. Unilateral agreements do not satisfy actus reus. * As it takes two to conspire, there can be no indictable conspiracy with a gov't informer who secretly intends to frustrate the conspiracy. Mens Rea 1. Specific intent to agree AND 2. specific intent that the object of agreement shall be achieved * D cannot be charged of conspiracy alone. Must be â€Å"conspiracy to commit crime X† * No Merger. Can be charged and convicted of both conspiracy and the crime itself * No abandonment defense unless the intent to abando n was communicated expressly to co-cons CasePeople v Swain (CA 1996): drive-by shooting resulted in the death of a boy. Man charged in conspiracy to commit 2nd degree implied malice murder * To sustain a conviction for conspiracy to commit a particular offense, the prosecution must show not only that the conspirators intended to agree but also that they intended to commit the elements of that offense * A conviction of conspiracy to commit murder requires a finding of intent to kill, and cannot be based on a theory of implied malice MPC 5. 03 Elements of conspiracy Main concern is about a â€Å"firm commitment to criminality† Actus Reus 1. an agreement or agreement to aid in the commission of a crime AND sometimes an overt act Mens Rea 1.Purpose of promoting or facilitating the agreement AND the result MPC Characteristics 1. D cannot be charged with conspiracy alone; must be conspiracy to commit crime X 2. Conspiracy merges with the target offense. D cannot be charged with bot h conspiracy and crime 3. For abandonment to apply, D must thwart the success of the conspiracy and must manifest â€Å"complete and voluntary renunciation† of his criminal purpose Case 1. Pinkerton Doctrine: Co-Conspirators can be held liable for ancillary crimes committed in promotion of their agreement if they are (1) reasonably foreseeable and (2) are committed in furtherance of the conspiracy 2.US v Mothersill (FL 1996): Cop blown up by pipe bomb that was intended for someone else * Each party to a continuing conspiracy may be vicariously liable for substantive criminal offenses committed by a co-conspirator during the course and in the furtherance of the conspiracy * Liability will not lie where the crime did not fall within the scope of the unlawful project or which was not reasonably foreseen as a necessary or natural consequence of the unlawful agreement * Deadly force and violence are more than peripheral possibilities so Pinkerton applies Criminal Law Defenses 1) C ase-in-chief defenses v. Affirmative defenses: 1. Case-in-chief negates one of the elements i. Ex: mistake, which negates the mens rea 2. Affirmative defenses apply even when there is clear proof of all the elements of the crime; D gets off for some other reason. ii. Ex: justification, excuse, necessity, duress 2) Burdens of Proof: 3. D has the burden of proof for affirmative defenses. Standard varies: iii.Majority: D must prove by a preponderance of the evidence iv. Minority: some states require proof beyond a reasonable doubt 3) Justification v Excuse and why it matters: 4. Justification: this conduct is right and should be encouraged. v. The evidence for justification is equally available to both sides, but P has advantage of law enforcement resources. vi. Third party liability: If D’s acts are justified, third parties are not criminally liable for helping, and may be liable for interfering. 5. Excuse: this conduct is wrong and should be discouraged. vii. The evidence for excuse is within D’s control because it is about him. viii.Third party liability: when D asserts an excuse, third parties ARE liable for helping D, and are NOT liable for interfering (if they stopped an insane person from hurting someone else, for example. ) Justification 6. D says, â€Å"I did no wrong. † Perhaps D did the right thing under the circumstances. 7. Ex: Self-defense ix. CL Self-defense: 1. D must have an honest and reasonable belief that 2. He was threatened with an imminent threat of unlawful force 3. And that the force used was necessary to repel and proportional to the threat 4. Must be subjectively and objectively reasonable, whether right in belief or not 5.PROVIDED: if D’s defensive force caused death: a. The harm avoided must be death or serious bodily injury (proportionality requirement) b. In some juris, D must try to retreat (majority rule: no duty to retreat) c. If D is the initial aggressor, additional requirements apply d. NOTE: if D f ails to meet all these requirements he may have a partial defense x. MPC Self-defense 3. 04(1) 6. D [reasonably? ] believed 7. Defensive force was immediately necessary to protect D against 8. Unlawful force by V â€Å"on the present occasion† 9. Provided: if D’s defensive force= â€Å"deadly force†: e.The harm avoided must be death, serious bodily injury, kidnapping, or sexual intercourse by force or threat f. D must try to â€Å"retreat† (except from his dwelling) if he knows that’s completely safe way to avoid V’s force g. D has no defense if he, with purpose to cause death or serious bodily injury, provoked V’s force in same encounter 4) Reasonableness standards in context of self-defense: 8. Objective reasonableness: usually includes at least some of D’s physical characteristics, plus D’s knowledge of external circumstances and surroundings; also at least some of D’s general knowledge and prior experiences. ( Pure objectivity is no focus on D at all- hypothetical reasonable person) 9.Subjective reasonableness: can include unique physical, mental, psychological characteristics 10. Purely subjective standard: whatever D actually believed, even if it was completely unreasonable by any standard [actual belief is also a requirement under objective and subjective reasonableness standards] xi. Goetz: they call it an objective reasonableness standard but they take into account D’s past experiences and perceptions- so not a purely objective standard. (And considering the proportionality requirement where D’s acts in self-defense caused death, we must ask if being outnumbered and cornered justifies the first shot or two, but not after they retreated) xii. Simon: man paranoid that Asians will attack him.Defense must try to show that this is reasonable by making racial slurs, statistics. Simon would be convicted under pure objective standard as well as objective reasonableness standard , because even considering his experiences his paranoia is unreasonable, and we’re not willing to go to the subjective standard. 11. Imperfect self-defense: When D’s belief about the circumstances permitting defensive force is unreasonable? Three competing rules: xiii. CL: if D kills based on an unreasonable belief in the necessity to kill, or in the existence of a deadly threat, or if D was the initial non-deadly force aggressor, D’s liability is mitigated from murder down to manslaughter (a partial excuse) xiv. MPC 3. 9: If Ds belief is reckless, he is guilty of a recklessness offense (manslaughter or assault); If D was negligent, it was negligent Homicide or assault. xv. The all-or-nothing rule: at common law, in MN, and in many states, if all self-defense requirements are not met there’s no defense or mitigation at all- if D’s belief is not reasonable, you cannot raise self-defense in MN. 5) Defense of another: 12. CL Act at Peril Rule: defende r of another stands in the shoes of the person being defended; he/she therefore takes the risk that, despite all reasonable appearances, the person being defended was NOT justified (eg, the person was resisting lawful arrest) xvi. People v Young: act at peril.Undercover police officers arresting someone. 13. MPC 3. 05: defender may act on reasonable appearances. Moreover, even if D’s belief is NOT reasonable, MPC only makes D liable for a crime of recklessness or negligence 6) Defense of habitation: 14. Trad CL: D could use any force necessary if he reasonably believed the force was necessary to prevent an imminent unlawful entry 15. Modern CL: Deadly force is permitted only when occupant reasonably believes such force is necessary to prevent imminent unlawful entry and the intruder intends to commit a felony or cause injury to the occupant or another occupant in the dwelling. xvii. Problem: you don’t know what they intend to do.But if they have a weapon or are screami ng that they will kill you, you’re safe in defending yourself. 16. MPC 3. 06: Use of force is justified to prevent trespass, theft, etc or to retake property, BUT must ask trespasser to desist (unless useless, dangerous), or harmful to property. Can use non-dangerous devices. 17. People v Brown: What constitutes a residence? xviii. Reasonable expectations test: whether the nature of a structure's composition is such that a reasonable person would expect some protection from unauthorized intrusions Necessity 1. Justification defense. Often used where people protested laws by breaking law, but not usually successful there; more likely to be successful where D acted in the interests of the general welfare. . Schoon: there can be no necessity defense to indirect civil disobedience (fake blood on IRS walls). ii. Hutchins: necessity cannot justify cultivation of medical marijuana. Court says don’t grow your own, wait for legislature to legalize it. 2. Generally: sometimes th e greater good is better served by breaking the law than by obeying it. Applies where the harm caused by breaking the law is less than the harm avoided by the action. (CL determines this from objective perspective, MPC, subjective) 3. Common Law Elements: Objective standard i. D reasonably (if D’s belief was unreasonable there is not defense or mitigation) believed ii.D’s criminal act was necessary to prevent iii. Imminent harm (the harm cannot have been created by the D) greater than the law which was charged was designed to prevent iv. There was no express or implied legislative preclusion of the necessity defense here 10. In context of Dudley: Prosecutor would argue Dudley created the harm, and so couldn’t use the defense 11. Defense would argue that murder was lesser than all four men dying- but would have to be MPC, not CL, b/c CL allows no justification for death of an innocent. 4. MPC 3. 02(1) Approach to Necessity: Subjective standard i. D believed ii. D ’s criminal act was necessary to prevent iii.Harm (this can include harm threatened by another person as well as nature, and the harm need not be â€Å"imminent†) greater than the charged criminal behavior the law was designed to prevent iv. PROVIDED: The harm sought to be avoided is greater than greater than the harm incurred; there is not express or implied legislative preclusion of the necessity defense 1. Ask about the following: MPC provides some middle ground- recklessness or negligence. Applies throughout category of AD’s. That is, if you believe but your belief is unfounded, it may be reckless, and you can be charged with a reckless act instead of the full blown crime that you thought you had a defense from. v. 3. 2(2): If D is reckless or negligent in creating the situation or in appraising the necessity, D is liable for any applicable crime of recklessness (e. g. manslaughter) or negligence 5. Necessity in context of Dudley to make it more clear: i. No necessity defense because killing an innocent is never justified, applying CL. MPC might have allowed him that excuse. Even through the MPC, if we’re evaluating the recklessness or negligence of his subjective belief, we’re still moving towards objective, because under negligence we care about the reasonable person. In recklessness, we care about the â€Å"law abiding† person. The difference is not obvious. 6. Similarities/Differences B/W CL and MPC i. Similar: Both use a balancing of the harms ii.Different: Under MPC there is no imminence requirement; CL suggests that necessity is not a defense to homicide b/c it can never constitute the greater good to kill an innocent person Excuse Defenses: 1. D says, â€Å"I did wrong, but I should not be punished. † 2. D is not morally blameworthy, and/or not deterrable and/or not dangerous. 3. Ex: duress, insanity, some self-defense claims 3 Categories of excuse defenses 1. Involuntary Actions i. Actions caused by D's body, but which are not the product of her mind (sleep walking, involuntary intoxicaiton) 2. Actions related to Cognitive Deficiencies ii. Actions which are caused by an actor who does not understand the nature of her conduct and whether it is right/wrong, legal/illegal 3.Actions relating to Volitional Deficiencies iii. Actions which are voluntary, but which are taken by an actor Duress 1. Trad. CL: i. D (without prior fault- there’s a defense if D was at fault in getting into that situation) was coerced to commit the charged criminal act. ii. By an actual or reasonably (if D’s belief was unreasonable there is no defense or mitigation) believed threat of imminent unlawful death or great bodily harm to D or a near relative if D did not commit the crime (this defense only excuses the specific criminal act demanded by the threatener, and never excuses homicide); and iii. D had no (legal) way to escape the threat. 2. MPC 2. 09 Duress: i.D, without prior fault (there i s no duress defense if D recklessly put himself in a position where such a threat was probable; if D was merely negligent in putting himself in that position, he is guilty of any applicable crime of negligence; if no such negligence crime applies, D has no liability), was coerced to commit the charged criminal act (this can include acts not demanded by threatener, + homicide) ii. By threat of unlawful force against his person or the person of another iii. That a person of reasonable firmness in D’s position (PORF) would have been unable to resist. 1. Example of putting yourself in a situation where duress is likely is joining a gang 2.If you are under duress and you are told to commit one crime and you have to commit another crime to get there, duress can be a defense to that crime, too- assault on the way to a robbery iv. Distinct from CL in that duress is not limited to situations involving threats of death or serious bodily harm; No explicit imminence requirement 7) Duress v Necessity: 18. Necessity: xix. Focuses on the consequences of the harming action and the concrete alternatives facing D xx. Assumes that D acts in a way that the law seems to approve and encourage (and is therefore â€Å"justified†) 19. Duress: xxi. Focuses on the way in which the choice is made and the extent to which it reflects the free will of the actor xxii.Assumes that D acts in a way that is regrettable and deserves to be discouraged, but that special circumstances makes the conviction inappropriate and unfair 12. Contento-Pachon: swallows cocaine, raises defense of duress. Court looks at the immediacy and escapability of the threat. D just has to meet preponderance standard- just needs to raise a question for the jury, no need to actually prove duress. 8) Intoxication: Voluntary and Involuntary 20. CL Voluntary Intoxication xxiii. Whether D can argue voluntary intoxication depends on whether or not the crime they are charged with is a general or specific intent cri me 13. Inadmissible when general intent b/c it is only intent to do the actus reus 14.Admissible for specific intent crimes but D must still show that b/c intoxicated, she lacked the specific intent required for commission of the crime 21. CL Involuntary Intoxication xxiv. Some jurisdictions allow evidence of involuntary intoxication to be admitted to negate either specific or general intent xxv. Most jurisdictions allow involuntary intoxication to be the basis for temporary insanity Some jurisdiction only allow only this second use of involuntary intoxication defense to stand if it caused the D to become temporarily insane 22. MPC 2. 08(4-5) xxvi. Distinguishes 3 types of intoxication. Any form of intoxication is a defense if it negates an element of the offense.Mens rea is broadly applied (except in the case of recklessness- a person acts recklessly as to an element of the crime if, as the result of the self-induced intoxication, he was not conscious of a risk of which he otherwis e would have been aware had he not been intoxicated) 15. Voluntary (â€Å"Self Induced†) Intoxication 16. Pathological Intoxication 17. Involuntary (â€Å"Non self-induced†) Intoxication h. Pathological and involuntary are affirmative defenses if the intoxication causes D to suffer from a mental condition comparable to that which constitutes insanity under MPC 2. 08(4) xxvii. Commonwealth v Smith: Intoxication produced by mixing of prescription drugs and alcohol is not involuntary even if without knowledge of synergistic effects. 18. 4 situations which I. I. admissible i.Intoxication caused by fault of another (force, duress, fraud, contrivance) j. Caused by innocent mistake of D (taking LSD thinking its advil) k. D unknowingly suffers from physiological/psychological that renders him abnormally susceptible to legal intoxicant l. Unexpected results from medically prescribed drug 9) Competence to Stand Trial: 23. In question is D’s ability to understand the legal proceedings as they are taking place, not about D’s competence at the time of the crime. 10) Insanity Defense 24. In question is D’s ability to resist the impulse for crime, know right from wrong; questions D’s ability based on the time of the incident itself. 25. Tests: xxviii.M’Naghten Rule: a right/wrong test- looks at COGNITION; focus is on D’s mental state 19. A person is legally insane if, at the time of committing the act, he was laboring under such a defect of reason, from disease of the mind, as: m. Not to know the nature and quality of the act; OR n. If he did know it, that he didn’t know it was wrong. 20. Criticisms: o. too narrow; looks only at cognition p. Does wrong mean legally wrong? Morally wrong? Morally wrong according to D personally, or society? Courts split. xxix. Irresistible impulse test: focus is on volition, inability to control acts 21. A person is legally insane if, as the result of mental disease r defect, she à ¢â‚¬Å"acted with the irresistible and uncontrollable impulse,† or â€Å"if she lost the power to choose between right and wrong, and to avoid doing the act in question, as her free agency was at the time destroyed. † 22. Criticisms: Too narrow- looks only at volition. xxx. Durham Test: focuses on testimony of psychiatrists 23. An accused is not criminally responsible if the unlawful act was the product of mental disease or defect. â€Å"Mental disease or defect† is â€Å"any abnormal condition of the kind which substantially affects mental or emotional process and substantially impairs behavior control. † 24. Criticisms: Focuses too much on expert testimony, to the point where the role of the jury is usurped- rubber-stamping an expert. xxxi. MPC 4. 1 – combination of M’Naughten and Durham- cognitive + volitional 25. A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lac ks substantial capacity either to: q. Appreciate the criminality (wrongfulness) of his conduct (cognitive) r. Or to conform his conduct to the requirements of the law (volitional) 26. The terms â€Å"mental disease† or â€Å"defect† do not include an abnormality manifested only by repeated criminal or other anti-social conduct. 27. Appreciate: wrongfulness is a m