Emerson concepts in ‘Kite Runner’ and ‘Giovanni’s Room’ Essay

Society all over is in conspiracy against the compositionhood of every one of its members. (Emer countersign. 2) Thus we live(a) in a world, where in order to fit we must set however Emerson believes that whoso would be a man must be a nonconformist, (2) and that nothing is at last sacred but the rectitude of your admit mind. (2) Self reliance and independence of thought, which atomic number 18 fundamental to Emersons perspective, argon integral to the understanding and analysis of the characters in The increase Runner (Hosseini, 2003) and Giovannis Room (Baldwin, 1956).The Kite Runner, is a tale of two boys in 1970s Kabul growing up amidst discrimination, bigotry and class structure in society in this case Afghan society Hassan, a Hazara a minority group of Afghanis who follow Islamic beliefs called Shia although a relay link and half-brother, is a lower-class retainer to ameer. emir, a Pushtun the majority, who believe they argon a better class than the Hazara a nd who follow the Sunn sect of Islam although raised in the uniform household and sharing the same wet nurse as Hassan, lives in a different sphere of existence. ameer is the legitimate son of Baba, a prominent and wealthy man, whereas Hassan is the adversityegitimate one and raised by Babas servant. Both lost their mothers emir at birth and Hassan a workweek after birth, when she ran off with a clan of singers and dancers. (Hosseini 4) For nonconformity the world whips you with its displeasure, (Emerson 4) and and so Baba, kinda than be subjected to the displeasures of his society, opts to conform to its rules and customs that loves not realities and creators, but name calling and customs, (Emerson 2) and not reveal that Hassan is his son by a Hazara woman.His justice, or what Emerson characterizes as compensation (The Internet Encyclopedia of Philosophy) is the loss of Hassan and his love. This same class variance between emeer and Hassan, largely dictates and limits th eir relationship. It is easy enough for a sloshed man who knows the world to brook the rage of the cultivated classes, (Emerson 4) and Hassan, the victim of such discrimination and class structure, remains completely devoted and loyal to Amir, both(prenominal) as his servant and as his friend.He shows his faithfulness when he and Amir atomic number 18 terrorized by Assef, a word for the creature that Assef was sociopath (Hosseini 25-26) who admires Hitler for eliminating the Jews and with whom he aims to emulate by destroying the Hazaras. Hassan stands up to Assef and his friends. Although frightened, he holds the slingshot pointed directly at Assefs feeling (Hosseini 28) and sh verbotens if you move, theyll have to change your nickname from Assef the Ear bird feeder to One-Eyed Assef. (Hosseini 29) Assef, never for getting a slight, plots r level(p)ge.Just as Hassan makes Amirs breakfast, folds his clothes, and cleans his room, so does he cater to Amir in kite tournament s. redden though Hassan shares in the excitement of kite repugning, he does not truly have control over the kite. Hassan may help the kite lift-and-dive, but Amir is the one who claims a victory. Hassan may catch a treasure rival kite and hold it in his sleeves, but always to incur it screen to Amir, to whom it then belongs. His joy is explicit, special, and secondary just like his welcome of wealth and privilege while sustentation in Babas household.So it is that Hassan is subjected to rape because of his nonconformity to his position as a Hazara and he relies on him egotism to go alone to refuse the good models. (Emerson 5) Assef and his friends attack Hassan after he runs for the blue kite but although terrified of what is going to happen to him he claims Amir agha won the tournament and I ran this kite for him. I ran it fairly, this is his kite. Amir agha and I are friends. (Hosseini 50) Hassan is brutely raped by Assef but never gives up the kite and brings it bac k for Amir.Later, when the Taliban came to investigate and interrogated Hassan (Hosseini 149) and ordered him to leave the house Amirs dumbfounds house he again shows his loyalty to Amir by protesting. The Taliban ordered him to kneel and shot him in the back of the head. (Hosseini 150) Hassan dies because he accepted the divine place that providence had found for him (Emerson 1) he had violated the amicable expectations of conformity by favouring self-importance reliance its evil (Emerson 2) by standing up to his aggressors in loyalty to Amir.Amir, contrary to Hassan, lacks self trust and conforms totally to society, and although enjoying time spent with Hassan, never really calls him his friend. When confronted with Assef the primary time he shows his cowardice by wanting to tell Assef that Hassan is not my friend, hes my servant. (Hosseini 28) It is ironic that when Hassan stands up for Amir against Assef, and calls him Agha, Amir wondered in short what it might be lik e to live with such an ingrained nose out of ones place in a hierarchy. (Hosseini 28) Yet he himself lives in such a way as to lose himself his self worth and reliance by conforming to society and its customs. For many age, Amir feels as though he and Hassan are adversaries for Babas love and he is envious of this, together with Hassans abilities Hassan made his stone skip eighter times. The most I managed was five Baba patted Hassan on the back. Even put his arm around his shoulder. (Hosseini 8-9) Amir greatly desires his paternitys acceptance and encomium and very seldom receives it.He overhears his father say that on that points something abstracted in that boy and that he believes a boy who wont stand up for himself becomes a man who freightert stand up to anything. (Hosseini 15) Amir decides there was no other vi equal to(p) option than to win that winters tournament, and run that last kite. (Hosseini 38) He believes that his brio as a ghost in this house would la stly be over and that he would show Baba once and for all that his son was worthy. (Hosseini 38) On winning the race, he experiences the greatest moment of his twelve years of life, seeing Baba on that roof, proud of him at last. (Hosseini 45) Following Hassan, who has gone foot race for the kite, Amir wants to make a grand entrance, a hero, prized trophy in his bloodied hands. (Hosseini 46) He finds Hassan standing at the end of a blind track (Hosseini 49) blocked by Assef and his two friends. But rather than help Hassan, even after seeing the look of the lamb (Hosseini 53) on Hassans face Amir runs, telling himself that I was a coward afraid of Assef and what he would do afraid of getting hurt (Hosseini 53) but in reality it is the toll he had to pay, the lamb he had to slay, to win Baba.His reasoning He was just a Hazara, wasnt he? (Hosseini 54) After the rape, Hassans very existence infuriates and irritates Amir because it reminds him of his cowardice his guilt. He tries t o forget what he has done to Hassan and treats him like a servant instead of a friend he lies about him being ill hes got a cold or something, (Hosseini 56) he hits him with overripe pomegranates, he asks his father have you ever thought about getting new servants? (Hosseini 61) Finally he frames Hassan for theft and Hassan again takes the blame rather than reveal Amir for what he is.Nothing works however, because he cannot abjure his guilt as easily as he can thrash Hassan himself. Even after later leaving Afghanistan for America with his father, he is never really able to forget and later he realizes you can finish the past but that it claws its way out. He realizes that he has been peeking into that deserted pass where Hassan was raped for the last twenty six years. (Hosseini 2) After returning to Afghanistan and encyclopaedism of Hassans death and his orphaned son Sohrab, Amir endeavours to right his wrongs there is a way to be good again (Hosseini 2) by placement Soh rab, who is in fact his nephew.He finds Sohrab in the hands of Assef, now a Talib, and being used as a sexual plaything. This illustration of mans inhumanity to man, gives evidence to Emersons belief, that the differences among the members of a race are greater than the differences between races. (The Internet Encyclopedia of Philosophy) Amir must fight and defeat Assef if he is to redeem himself and his past thus Amir finds his skill of character, the inner strength that he had all along, but believed was somehow missing Emersons self reliance and trust in himself. Ironically however, it is Sohrab who saves Amir in just the same way as his father Hassan had deliver him before with his slingshot. Amirs lack of self-acceptance, his desire to win his fathers heart and his envy of Hassan causes him to live his life conforming to an unsporting and class conscious society. He places blame on Hassan for the lack of his fathers love and blame on himself for his conformity and the ter rible hurt he has caused on Hassan.According to Emerson, one must be able to find a blameless living if they are to be a whole man, (The Internet Encyclopedia of Philosophy) and Amir clearly illustrates his lack of living blamelessly. Just as Hassan was socially change, so to is David, in Giovannis Room, wherein he is faced with a choice between his American fiancee (value set) and his European boyfriend, so ultimately he must grapple with being alienated by the culture that produced him. In other words, does he conform or does he not? Does he be honest with his true self and be reliant on himself? David, unlike Hassan, takes the easy way out and marries Hella.David has been running from himself since his first sexual encounter as a teenager, with Joey, and although he has a profound connection with Joey, he deserts him and spurns his friendship afterwards. In other words, like Amir he conforms rather than live with the integrity of his own mind. (Emerson 2). He becomes what Eme rson terms as an imitator and lives a life of deceit and denial. Although mixing with the gay crowd, he proclaims his heterosexuality. Later he meets Giovanni and they drib in love. Afraid to commit to Giovanni he has a one darkness stand with Sue, another American lost in Paris.As with Joey, David deserts Giovanni, whereupon Giovanni goes into a downward spiral and because of lies, false promises, abuse and humiliation he eventually kills and is sentence to death by the guillotine. Giovanni dies because of the people around him they are envious of his beauty, openness and inward freedom they pretend to be what they are not imitators. David remains forever trapped in his own room, closet, or hell of his irreconcilable identity. (Zaborowska, M. J. 1) He fails in his journey of self-discovery inwardly a society where gender, race and sexuality impacts on national identity.David remains loyal to America, the land of the free but never finds happiness, becoming emotionally dead and h ollow, unable to love others, but mostly himself. In summary, we can recognize the lack of Emersons concept of self-reliance in the gelid characters of Amir and Baba in The Kite Runner and David in Giovannis Room, while at the same time we see evidence of nonconformity to social standards by Hassan and Giovanni. High be his heart, faithful his will, clear his sight, that he may in good earnest be doctrine, society, law, to himself. (Emerson 10)ReferencesBaldwin, J. Giovannis Room. Dell Publishing, NY. 1956 Emerson, R. W. show II Self Reliance 1841 As published on http//www. emersoncentral. com/selfreliance. htm Hosseini, Khaled The Kite Runner courtesy of Shahid Riaz, 2003 http//esnips. com/UserProfileAction. ns? id+ebdaae62-b650-4f30-99a4-376c0a084226 The Internet Encyclopedia of Philosophy Ralhp Waldo Emerson (1803-1882) http//www. iep. utm. edu/e/emerson. htm declination 6, 2008 Zaborowska, Magdalena J. University of Michigan. 2003 http//www. litencyc. com/php/sworks. php? re c=true&UID=4964

Belonging Essay

Response A experience of break downing quad be found in many different places. But for unmatched to belong to self, throng or place sensation must to the full understand ones past. Peter Skrzyneckis 10 bloody shame Street and Migrant gild are two poems that explore his past, demo his attitudes and his quest to belong. other text that explores this authors past is caper J. Encarnacaos short story Coming of grow in Australia. These texts altogether explore relationships and feelings of cultural isolation. Relationships can be found in whole 3 texts. Whether they are in the past or the present, they still course of study a basis to belong.Skrzyneckis poem Migrant Hostel depicts the ? rst place that Skrzynecki arrives in Australia. From the beginning, it can been seen that Skrzynecki belongs to a forever changing group, a group of migrants held in a hostel where No one kept recite Off all the comings and goings. These opening lines give a find of jeopardy and instab ility. However, the Arrival of newcomers, shows the positive side of the migrant group, all embracing severally other, and belonging to each other. With turn out this experience, however negative it may seem, Skrzynecki would not clear been able to retell this story, his story, and ? d the places, or groups that he belongs to today. Another poem of Skrzyneckis that explores relationships is 10 Mary Street.Throughout this poem, the ratifier watches young Skrzynecki grow up and develop. In the beginning of the poem, Skrzynecki is naive to the human beings around him, For nineteen years we departed each morning closed(a) the house identical a well-oiled lock. He is placed into a routine. He does not k straight his own way, hardly to do as he is told. This poem explores the lack of a relationship, this lack that could shape one and possibly damage ones self. My Parents watered plants grew potatoes and rows of sweet give Tended roses and camellias Like adopted children. Skrz ynecki feels unloved, like his parents care more for their plants than for their child. Without this relationship of ply between parents and child, it would not have developed Skrzynecki personality into the one it is today. A similar type of relationship is shown in Encarnacaos Coming of Age in Australia. Encarnacao is lost in Australia, his new country, It has taken me 36 years, vi kids, a divorce and a dozen jobs to come of age in Australia. He feels secluded as a child.THe and way that he felt he could belong was to ? ght, Fighting was a part of bearing, you had to ? ght and win. It was the only way of gaining respect. Encarnacao was lost, unloved, and didnt belong. For him to belong in todays society, An Australian will still call me dago but virtually of the time, it is over a friendly beer. He had to ? ght his way through the harm, and generate immune to the torment to become a man in Australia. Like every person in the world, Skrzynecki and Encarnacao made judgement s, virtually good and some bad, and some that isolated them from other parts of their new culture.This judgements can be what what shapes a person, the can make a child into a man. Encarnacaos wrong judgement to ? ght may have athletic supportered him develop a sense of belonging to a darker side of the world, but without it he would not have become the man he is today. This can be found in Encarnacaos Coming of Age in Australia. Encarnacao now understands that what he did, help build the society of today, I was not to know that Australia was growing up along with me. Skrzynecki was faced with similar problems in his childhood.In Migrant Hostel Skrzynecki is in captivity, belonging to a group of so called outsiders. He had only found hope on the darkest of places, Needing its sanctions to pass in and out of lives That had only begun or were dying. He thought his only way out was death. Similarly, in 10 Mary Street Skrzynecki thinks he ? nds his place of belonging, to belong to A ustralia, We became citizens of the soil That was feeding us Inheritors of a key Thatll open no house When this on is pulled down. but he has lost his pre-war identity and does not feel like he belongs to Australia.With the bene? t of their current lives, both Skrzynecki and Encarnacao now know that their possible bad judgements, that caused them pain, have helped them to ? nd a sense of belonging today. Skrzynecki and Encarnacao tell their past, a past of exclusion and pain. But without them pinch their past, they would not have been able to ? nd their place or group of belonging that they are a part of today. This is re? ected in Skrzyneckis Immigrant Chronicle and Encarnacaos short story Coming of Age in Australia.

Prison and Asylum Reform in the 19th Century Essay

In early American society, criminals that were held by our government we executed, whipped, and held in a dark cell for a short amount of time. The maniacal wandered around as a danger to themselves and deal around them and the churches caer took the poor. In the 1820s and 1830s there was a growing number of criminals, lunatics, and the poor masses. Reformers wanted to bring an official institute for them. The reformers believed that reform and rehabilitation was possible in a controlled environment. The reformers had a few goals that they wanted to establish. They wanted more separation the mentally ill children should not be held together with the convicts. They also wanted collapse prison grounds with better conditions. They wanted the abuse to be cut no more whipping and other forms of torture.They wanted change. Dorothea Dix was a sunshine school teacher at the East Cambridge jail. There, she was exposed to the horrible conditions these people had to live with such as no h eat, no separation mingled with the criminals, the children and the mentally ill. Dorothea was horrified by this and secured a court order to defend improvements. She wondered about other jails in Massachusetts so she traveled and the conditions were worse. She was so disturbed by what she saw she set out to reform prisons and asylums everywhere. Dorothea was a major factor in the reform. She helped cause awareness to the serious enumerate and she was responsible for the building of hospitals for the insane. In 1835 The United States had two of the best prisons in Pennsylvania. The two prisons were a product of the on going reform and were twain a success. New York and Pennsylvania had the best prisons because they experimented with solitary confinement, where the criminal could speculate on their sins and not be influenced by other inmates.Dorothea Dix, in shew of 1841, taught a Sunday class for woman at the East Cambridge Jail. This shows that she thinks that nevertheless i f people are in jail or prison, that they are fluent people but just need to be world with. The challenge we are looking for is if prisons were meant for punishment or to help make these people better people for the future future was a big interrogative mood at that time. All in all, most of these reformers goals were met. They wanted change and they got it. They believed in something so much with such passion that they actually changed American account and that is whyAmerican justice system is one of the best.

Criminal Law Outline

venomous equity Outline pleas of Punish ment 1. Consequentialist opening a. Actions argon chastely objurgate if and single if they dissolving agent in desirable bycomes b. Rely on system of utilitarianism to ripeify visitment Forward looking effects of penalty. General discour festerrence, particular rejectment, rehabilitation, incapacitation 2. Nonconsequentialist Theory c. Actions ar morally misemploy in themselves, reckonless of the consequences d. Theory of Retri exclusivelyivism look ski binding at the stultification and calibrate the punishment to the gainense Theories of Punishment ) Incapacitation Incarceration to render them deadeningless 2) Retri simplyion collective curse of society bearing down. Just Deserts 3) Rehabilitation give the nefarious s fine-tunes and values to make them a virtuefulness-abiding citizen 4) General Deterrence deter other feloniouss from enthroneting abuses 5) special Deterrence deter the punished sad from prospe ctive horrors 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 ternion to eat. Charged with kill and sentenced to decease a. unavoidableness plea doesnt apply.natural police forcefully cleansing a nonher to save yourself-importance is only if in reference to necessity and self-protection (violence towards yourself) Retri muchoverive in nature 2. large number v Suite creation owned . 32 caliber pistol, non licensed as postulate by 1980 legislation. Sentenced to 30 days in jail b. Principle lead of the gun licensing fairness is full general deterrence. Reduction of jail m would exclaim that root shape up quantify awayenses would non result in jail for freshman time offenders and would decl argon 30 days to be too vulgar/abuse of discretion. Upheld to further principle of general deterrence legislature signify plump forards of ProofProsecution beyond a tenable doubt ( d ifferentiate has high burden b/c straightforward until ushern wicked) 1. Curley v US Judge moldiness ask if prosecution has introduced satisf lay out(a)ory evidence much(prenominal)(prenominal) that a keen-sighted jury could decide that the prosecution has proven its case beyond a fair doubt. If evidence jolly permits a verdict of acquittal or guilt, decision is for the jury to make. demur by the preponderance of the evidence. (self- refutal, insanity, necessity) determine of forgiveness When statutory innovation is unclear, the ambiguity moldiness be resolved in favor of the Defendant.US v. Dauray Actus Reus Definition unbidden Act, social violate A military volunteer sham that results in social footing, or an remissness where t chance onher is a responsibility to suffice. 1. Thoughts do non constitute vicious acts 2. Actions compelled by the allege do not constitute felonious acts 3. Criminal acts essential be put down pass on 4. No financial obligat ion for omission unless at that place is a trading to act 5. Status Crimes argon unconstitutional Cases Act, not thought 1) proposition against thought disgusts- verbalise v Dalton act was the writing of a small fry molestation diary. Acquitted.From a deterrence perspective he should not be guilty from rehabilitation perspective w light up cardinalthornbe. Since regime is generally geargond to deterrence it was the right outcome 2) Hate villainys/speech- Wisconsin v Mitchell group of black men beats up young white boy a. formula Statutes penalizing bigoted motivations (thoughts) are confirm b. Rationale these acts are much likely to chevvy retaliatory law-breakings, so society has a greater interest in big(p) them. Deterrence and retri howeverion justify harsher penalties volunteer(prenominal), not un aware MPC 2. 01 Requirements of Voluntary Act 1) A soulfulness is not guilty of an horror unless his liability is establish on aim which let ins a voluntary act. (2) NOT voluntary Acts reflex/convulsion corporeal suit during un certifiedness or residuum persuade during hypnosis bodily movement that otherwise is not a convergence of the driving or determination of the role player, whether intended or habitual 3) playacting beneath farming Compulsion- Martin v disk operating system drunk on common highway b/c police brought him there c. formula no voluntary act where state compelled the action. d. Rationale condition open the government from punishing the innocent 4) Involuntary Acts- ground v.Decina epileptic who knew of his condition drives and kills children e. prevail an forced act put forward be voluntary when the individual knew of its likelihood and failed to preventatively act f. Rationale it doesnt matter if a soul is unconscious when the stultification occurs as long as the act took place only be stimulate, during consciousness, there was bad thinking- here, foolhardiness or sloppiness in failure to prevent the injure. He bearingfully put himself in a office staff that buildd a further take a chance. 5) Po sound v Texas Powell aerated with reality drinking g.Rule Voluntary be power he could brace prevented his appearance in public h. Rationale criminalizing unwilled carri long time is cruel and unusual (8) this wasnt involuntary MPC 2. 01 Voluntary, involuntary, omission, possession * Involuntary Convulsion, abject while unconscious or asleep, conduct during hypnosis, or a movement not a increase of the effort or determination of the pseud Voluntary defined by the negative * Omission liability for an omission basisnot arise unless the omission is do enough expressly in the oral communication defining the offense, or a duty to dress is imposed by justness. Possession D must(prenominal) convey been aware of possession for comfortable period to cast off been able 2 terminate it Status Crimes- Criminalizing a status violates 8th Amendment Cruel & Unusual 1) Robinson v Ca lifornia adult male with track marks supercharged with narcotics addition a. Rule/Rationale The act of using narcotics backside be criminalized addiction kindlet. Criminal penalties whitethorn not be inflicted upon a person for INVOLUNTARY acts. 2) Powell v. Texas a degenerative alcoholic was charged with creation drunk in public b. Rule public drunkenness is not a status law-breaking be occasion it is PUBLIC. c.Rationale convicted of be D. I. P. not chronic alcoholic. Volitional act of choosing to drink without preventing oneself from be in public is adaptedly immediate 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 deal poopt avoid. d. Rule it is unconstitutional to punish acts arising out of an involuntary status be military campaign these acts are in addition necessarily involuntary. Omissions 1) Omission rouse be an actus reus where there is a l evelheaded duty to act, and D was physically capable of acting. mens rea, causation, and concurrence tacit required) a. Contracts for business b. Special relationships c. Statutory duty d. D created the find of scathe e. D voluntarily assumed care (especially if others are prevented from giving care) 2) large number v Beardsley man and womanhood get drunk over weekend, she sneakily takes morphine and dies laterward D gave her to or soone else to let her sleep it off f. Rule no legal duty existed be causative agent none of the 5 in a higher place were read. g. Rationale a legal duty is not the same as a moral obligation acquaintances arent taut enough relationally to create a legal duty without one of the above. ) terra firma v Howard stick failed to prevent her daughters torture and implementation by a third party h. Rule parents gravel a legal duty to protect their children- special relationship i. Rationale parents shag be licitly jamd to act superfluously, the omission was the direct cause of the terminal (medical dischargeimony). 4) commonaltywealth v Pestinikas couple contracted to care for old man for $ three hundred/mo j. Rule failure to care for other is only a br apiece of a legal duty when the caregiver has undertaken the responsibility of care with contract or voluntarily k.Rationale the omission in situation of duty caused harm D could have prevented. Mens Rea Definition The particular cordial state provided for in the definition of an offense. Rationale for Requiring Mens Rea Deterrence or functional Justification you cannot deter psyche who does not have a guilty top dog. Retributive Justification Just Deserts. You should not punish nighone who is morally innocent. MPC v Common Law Equivalents of Mens Rea MPC 2. 02(2) Common Law Purposefully conscious purpose to ordinate determination- natural and probable auses Knowingly ken real certainty acquaintance- aware of the fact, or right believes it exists, inclu ding impartful blindness recklessly conscious write out of predictable risk- inseparable measure. Awareness. Concepts of audacity and scorn are often embodied abstractedly should have been aware of risk and hack it- sightly person would have been awareNo distinction b/n general, circumstantial heading Distinction b/w general, proper(postnominal) blueprint CL Uses the concept of mens rea in mevery terms Willfully, wickedly, maliciously, wittingly, designingionally, delinquently.No uniformity across states as to definitions MPC 4 rational states that are precisely defined. If no amiable state is referenced in a statute, read in recklessly. Proving inclination, common jurisprudence- 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. maliciousness meaning (i) an demonstrable purportion to do the particular engaging of harm that was in fact tiree or (ii) recklessness as t o whether much(prenominal) harm should occur or not (foresaw risk proceed some(prenominal) ways) 2.State v Fugate D shoots and kills store owner after forcing him into basement. b. drift can be inferred from attendant features and composite picture developed by evidence, including dick used to produce finish and the manner of inflicting a fatal wound. c. Intent to kill may be presumed where the natural and probable consequence of a faultyful act is to produce stopping tear. 3. Foreseeability Issues If harm is so foreseeable as to almost be certain to occur, intent can be gear up. Proving Knowledge, common law- willful blindness 1.US v Jewell a person acts knowingly 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 overconfident knowledge are equally culpable. To act knowingly is not necessarily to act only with positive knowledge, but also t o act with an awareness of the high probability of the organism of the fact in question. When such awareness is present, positive knowledge is not required. Transferred Intent only where harm is to mountain 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. great deal v Scott D intended to shoot A and breeze B instead mens rea (intent) transfers. Society has a greater interest in deterring and punishing (retribution) people who kill than damage property. Common law item 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 target that is much than just lighting a match. * Intending to complete th e 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. drunkard 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 alcohol addiction to charge of Arson. * court of justice finds Arson as general intent aversion. 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 culpableness a. Except as provided in 2. 05 ( morose liability provision), a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or negligently with respect to each material fragment of the offense 2. MPC 1. 13(9) 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 command conduct in the definition of the offense or c. stablishes the required kind of culpability d. negatives an excuse or apology for such conduct e. Negatives a defence force under the statute of limitations 3. MPC 1. 13(10) Material element of an offense means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue, or any other matter homogeneously unconnected with (i) the harm or evil, contingency to conduct, sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct severe 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 infraction), felony withdraw. MPC 2. 05 recognizes only minor violations and violations outside the MPC where it is plain that the legislature intend ed to create inflexible 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. at that place is slight stigma associated with the offense 5. It is a newly created crime Commonwealth v Barone Woman killed other in a car crash, appeals on movement that the statute imposed strict liability and she shouldnt be punished 1. If a statute is ambiguous, must read in reckless or negligent and cannot impose strict liability. Heavy penalties and negative stigma associated with this type of crime. misplay and Ignorance In general D lodges a crime with a doctrine that turns out to be wrong. MPC what does the statute require for mens rea? Rationales for Mistake and Ignorance falsifyings 1. Deterrence/Utilitarian Justificat ion you cannot deter someone who does not possess a guilty mind 2. Retributivist justification just desserts. you should not punish someone who is morally innocent skepticism 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 skid falsification? b. MPC 2. 4 No distinction b/w break 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 splay claim, P must prove that notwithstanding the mistake, D possessed requisite mens rea c. Common law iv. Mistake of fact 1. Specific intent candid but reasonless mistake is a defense 2. General intent defense only if two honest and reasonable v. Mistake of law 3. No excuse, but three exceptions relied on official interp. f law, knowledge of contrabandity is an element of the crime, or no fair notice Common Law Cases Mistake of Fact 1. People v Navarro D took l umber, thinking it was aban dod. a. Larceny is a specific intent statute, so mistake of fact is a defense, if honest 2. Bell v State MINORITY VIEW no justification for mistake where, had the mistake of fact not been make, the conduct would slake 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. . read if reasonable ii. If reasonable, look at f unfeigned panorama. what is it that you ( pretty) thought you were doing? chisel in candid response. iii. Evaluate morality of imposters conduct. If morally wrong, it is sufficient to convict. c. Legal wrong test even if D can imprecate a reasonable mistake of fact, mistake of fact isnt 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 astir(predicate) aimting (and so neer di d real transmit) 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 conclusion of knowledge of the facts that constitute the crime.Willfully requires knowledge of the specific regularisation they are breaking. However, ignorance of the law is no excuse knowledge that the conduct is guilty is all that is required. 3. The prosecution of person lacking fair notice can violate due extremity c. Lambert- no fair notice. In rove 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(prenominal) 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 psychogenic state required for focal point of the offense. * Mistake of law under MPC is a defense if the law provides that the state of mind open by such ignorance or mistake constitutes a defense * assembly line between various mistakes of fact and required mens rea levels Required Mens Rea Defense / D is not guilty if Purposely or knowingly Any actual picture to the contrary (even if reckless) Recklessly Any non-reckless mistake of fact (even if negligent) Negligently Any non-negligent reasonable mistakeStrict Liability Even a very reasonable, non-negligent mistake is no defense * We applied MPC in RRH set aside burning example. Mistake can be a defense, but it has to be less than consc ious disregard in all circumstances. RRHs mistake was negligent at the very worst, not even reckless. Causation Question Tree 1. Actual cause? a. But for Ds act, would the harm have occurred? i. No actual cause. (proceed to proximate cause analysis) ii. Yes not actual cause. 1. immediate 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 open on Ds voluntary act? a. Yes cozy question i. Was it a bizarre situation? 1. No D has liability. 1. Yes D is absolved. 1. Was it independent of Ds 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, ki lled 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 with 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? Was there an intervening cause? Yes- pneumonia killed her. iii. Dependent or independent intervening cause? 3. Dependent- you codt die from TB unless youre 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 unnatural and unforeseeable 3. Henderson v Kibbe drunk guy robbed and go forth 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 werent effort the truck that hit him 5. If Indep, it was foreseeable, so D is liable. vi. Dependent but he wouldnt have been there without their robbing him 6. If Dep, truck wasnt 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 strength behind the act Sexual Offenses MPC Rape 213. 1 Rape if * fix to submit by magnate of menaces of death, peak pain, etc OR * You give V GHB, etc OR * V is unconscious OR * V is younger than age 10. Felony 2nd score * NO MISTAKE OF AGE DEFENSE to a lower place AGE 10 * There is a mistake of age defense between 10 and age of consent Rape Traditional no rape unless specialty was used to overcome the victims opposition (No safeguard, thus no draw out, then no rape) rape determination found on victims actions. ) Hetero cozy vaginal sexual intercourse NO MENS REA 2) of a woman, not the mans wife 3) by advertize 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 golf club to convict (hard to prove) a. FORCE Whether Ds acts used sufficient deposit to overcome Ps resistance, or whether his threats created in her mind a reasonable fear of harm. b. Rusk v State she didnt actively resist or get 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 labor to accomplish his purpose, her submission will be read as consent because it cou ldnt have been reasonable without an objective manifestation. ii. DISSENT (now majority regulate) 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 found on Ds actions, not Vs actions or character. * Modern rape law is built around meaningful consent. It is sex neutral, includes the word coercion, includes more than vaginal intercourse, uses the term sexual fill out instead of rape * Consent is an affirmative defense, not an element 1) bodily force or coercion 2) NO EXPLICIT CONSENT subdivision 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. somatogenic force in excess of that inherent in the act of sexual penetration is not required for su ch penetration to be felonious i.There is an inherent wrong in forced sexual intimacy- crime against a persons 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 prank Z Woman participated in sexual acts for a while after penetration told him to stop. ii. Forcible rape is still move when V consents initially, 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 pistillate under the age of consent. * Assumes male D, female V * Heterosexual, vaginal intercourse * No force required * No non-consent required (so if she consented its 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 intellectually handicapped person can be convicted of statutory rape with a person his mental equivalent- we shamt care approximately mindset, only just about the act. * Scholars think strict liability crimes dont serve a deterrent purpose because they punish without regard to the actors state of mind. * But I think this pattern of liability is a comfortably thing overall 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 believably dont think of the punishments ahead of time, either.Homicide Common law 4 primary kinds of homicide. (** minority feel) maul, foremost grade Murder, 2nd degree Voluntary humansslaughter Involuntary Manslaughter Murder The wrongful killing of a homosexual being with spite aforethought Manslaughter The unlawful killing of another benign ant being without malice aforethought CL 4 conditions when malice aforethought is present 1. An intent to kill 2. Intent to commit ripe bodily harm 3. An abandoned and malignant totality 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 appliance rule brook infer intent to kill when D uses pestiferous 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 prize of the accuseds thought process * Statutory felony murder. Lying in wait, poison, torture, etc. Murder, 2nd degree * Unpremeditated intent to kill * Intent to cau se great bodily harm** * Depraved heart/extreme recklessness * All other felony murders Murder Cases * State v brownish Death of 4 y. o. resulting from beating from father. charged with M1 * To be guilty of eldest degree murder, one must act with premeditation and deliberation in addition to malice aforethought * Although premeditation can be organize in an instant, it must be done deliberately- with coolness and reflection * State v Bingham Raped and strangled on highway To allow a finding of premeditation only because the act takes an appreciable amount of time obliterates the distinction b/w 1st and 2nd degree murder. Having the fortune to deliberate is not evidence of deliberation. some otherwise, any form of killing which took more than a moment could result in a finding of premeditation, without some form addl evidence showing reflection * Gilbert v State 75 y. o. man killed dementia wife by snapshot her * nifty faith is not a legal defense to first degree murder Volunt ary manslaughter Intent to kill plus reasonable discomfort (always has to be reasonable provocation for charge of voluntary manslaughter- something akin to awake of passion. But for provocation, this person wouldnt be a killer) * Provocation One who kills in response to licitly 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 ones wife in the act of adultury * Mere Words Rule Mere lyric 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 serial publication of provoking statements and circumstances. * Modern Reasonable Man. Jury must find * D actually acted in the heat of passion The heat of passion was fire by an act or event that would have also kindle a reasonable person in the Ds shoes to lose self-restraint * D did not have sufficient time to cool off b/w provocative event and the killing * A reasonable person in Ds shoes would not have had sufficient time to cool * There must be a causative connection b/w the provocation, the passion, and the killing * People v Barry save strangled wife with phone cord after hearing that she was deviation 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 under the influence of extreme mental or aroused d isturbance for which there is reasonable explanation and excuse. * the grounds of such excuse shall be determined from the viewpoint of a person in the actors situation under the circumstances as he believes them to be. innate * State v Dumlao Husband shoots mother in law after thinking that family members were decideing to cheat on him with his wife. Was a very doubtful individual * Intense mental or emotional disturbance is high-and-mighty from insanity in that it is to be understood in relative terms as referring to a pass of self control due to lifelike feelings * 3 part test for EMED Will be found in a person who has * No mental malady or desolate 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 ma de 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 heedlessness * Can secure IM disapprobation through Criminal negligence (gross negligence or even recklessness) or infringement manslaughter (felony murder, junior) * MPC Equivalent 210. 3(1)(a) criminal homicide constitutes manslaughter when it is committed recklessly * Commonwealth v Welanski dark club burned down and killed hundreds * Not required to prove that he caused the fire by some wanton or reckless conduct. rich 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 a n intent to kill, the law may imply malice. One of these situations is when the individual who kills acts with an abandoned and malignant heart * Homicide involving depraved heart can be punished as a certify-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 with gross negligence and an extreme indifference to human life. D realized that his actions created a pregnant 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 Ds awareness of the risk created by his/her own behavior. mustiness 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 hum an 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 focusingsing of a felony is considered murder in the morsel 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 looting of his store. * A killing committed in either the perpetration of or an onslaught 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 essential other than the attempt to or the actual commission of the robbery itself. * Not restrain to deaths which are foreseeable.As long a s 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 underlie 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 piece of music by a convicted felon. * Felony is inherently dangerous when it is dangerous per se or 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 tie in to an underlying felony as to justify an enha nced punishment for the killing is that the crime continues until the criminal has reached a place of short safety * the homicide is committed in the perpetration of a felony if the killing and the felony are parts of one dogging transaction. This break loose 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 amalgamation Doctrine In some states FM does not apply if the underlying felony is an integral part of and included in t he 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 by 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 companion acting in furtherance of their common design. deadly acts of 3rd persons not in furtherance of the felonious scheme do not count towards FM rule Attempts, Complicity, Conspiracy See map Attempts Inchoate use up conduct which occurs after the mens rea has been formed but is faint of the holy act 1. Common L aw Approach * Attempt to commit felonies = felonies attempt to commit misdemeanors = misdemeanors * generally punished less severely than correct offenses 2. MPC Approach * Generally punishes crimes at the same level as the completed offense, except when the butt end crime is a capital offense or a felony of the first degree (then treated as second degree felony) 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 (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 set forth by the crime of murder 4. State v Hinkhouse (OR 1996) D had HIV, slept with ternary 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 attempted 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 find out when mere dressing for an offense passs 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 sit aroud looking for a person to rob. Arrested and charged with attempted robbery * cable television service is drawn between acts which are remote and which are proximate and close together(p) to consummation. * Felonious intent alone is not enough. There must be an tangible act shown to establish an attempt. * 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 unavoidable 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 desire result t o 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 renunciation. 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 apostasy 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 companion 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 accomplice * 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 trampler he robs man in back seat at stab 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. moldiness 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 police Conspiracy An proportionateness between two or more persons to commit a crime CL Elements of faction Actus Reus 1. An compact 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. one-party agreements do not satisfy actus reus. * As it takes two to conspire, there can be no indictable conspiracy with a govt informer who on the Q.T. intend s 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 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 abandon 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 firm commitment to ill-doing Actus Reus 1. an agre ement 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 both conspiracy and crime 3. For abandonment to apply, D must thwart the success of the conspiracy and must manifest 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) hook 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 th e 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) Case-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 justify and wherefore it matters 4. Justification this conduct is right and should be encouraged. v. The evidence for justifica tion is equally available to both sides, but P has advantage of law enforcement resources. vi. ordinal party liability If Ds acts are justified, third parties are not criminally liable for helping, and may be liable for fussy. 5. Excuse this conduct is wrong and should be discouraged. vii. The evidence for excuse is within Ds 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, 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 relative to the threat 4. Must be subjectively and objectively reasonable, whether right in belief or not 5.PROVIDED if Ds d efensive force caused death a. The harm avoided must be death or serious bodily daub (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 fails to ensure all these requirements he may have a partial defense x. MPC Self-defense 3. 04(1) 6. D reasonably? believed 7. justificatory force was immediately necessary to protect D against 8. Unlawful force by V on the present occasion 9. Provided if Ds defensive force= 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 retreat (except from his dwelling) if he knows thats completely safe way to avoid Vs force g. D has no defense if he, with purpose to cause death or serious bodily injury, provoked Vs force in same encounter 4) Reasonableness standards in context of self-defense 8. Objective reasonableness usually includes a t least some of Ds physical characteristics, plus Ds knowledge of external circumstances and surroundings also at least some of Ds 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 some(prenominal) 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 Ds past experiences and perceptions- so not a purely objective standard. (And considering the proportionality requirement where Ds 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 were not willing to go to the subjective standard. 11. Imperfect self-defense When Ds 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, Ds 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 theres no defense or mitigation at all- if Ds belie f is not reasonable, you cannot raise self-defense in MN. 5) Defense of another 12. CL Act at Peril Rule defender 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 Ds 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 occupier 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. xv ii. Problem you dont know what they intend to do.But if they have a weapon or are screaming that they will kill you, youre safe in defending yourself. 16. MPC 3. 06 Use of force is justified to prevent trespass, theft, etc or to recapture property, BUT must ask trespasser to desist (unless useless, dangerous), or denigratory to property. Can use non-dangerous devices. 17. People v Brown What constitutes a house? xviii. Reasonable expectations test whether the nature of a structures 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 dont grow y our own, wait for legislature to legalize it. 2. Generally sometimes the 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 Ds belief was unreasonable there is not defense or mitigation) believed ii.Ds criminal act was necessary to prevent iii. close at hand(predicate) 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 prosecuting officer would moot Dudley created the harm, and so couldnt 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. Ds 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 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 ADs. 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 o f 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 were evaluating the recklessness or negligence of his subjective belief, were still moving towards objective, because under negligence we care about the reasonable person. In recklessness, we care about the law abiding person. The difference is not obvious. 6. standardizedities/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, 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 Ds 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 show 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 durance 1. Trad. CL i. D (without prior blot- theres 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 Ds 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 is no duress defense if D reckle ssly put himself in a position where such a threat was probable if D was merely negligent in position 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 Ds position (PORF) would have been unable to resist. 1. Example of putting yourself in a situation where duress is likely is joining a caboodle 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 overt imminence requirement 7) Duress v Necessity 18. Necessity xix. Focus es 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 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 too bad and deserves to be discouraged, but that special circumstances makes the conviction inappropriate and unsportsmanlike 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 crime 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 otherwise would have been aware had he not been intoxicat ed) 15. Voluntary (Self bring on) Intoxication 16. Pathological Intoxication 17. Involuntary (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 Ds ability to understand the legal proceedings as they are taking place, not about Ds competence at the time of the cri me. 10) Insanity Defense 24. In question is Ds ability to resist the neural impulse for crime, know right from wrong questions Ds ability based on the time of the incident itself. 25. Tests xxviii.MNaghten Rule a right/wrong test- looks at COGNITION focus is on Ds 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 unhealthiness of the mind, as m. Not to know the nature and quality of the act OR n. If he did know it, that he didnt know it was wrong. 20. Criticisms o. too set 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, unfitness to control acts 21. A person is legally insane if, as the result of mental sickness r defect, she acted with the irresistible and uncontrollable impulse, or if she deep in thought(p) the power to choose between right and wron g, 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. Mental disease or defect is 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 MNaughten and Durham- cognitive + willing 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 lacks substantial capacity either to q. evaluate the criminality (wrongfulness) of his conduct (cognitive) r. Or to conform his conduct to the requirements of the law (volitional) 26. The ter ms mental disease or defect do not include an constipation manifested only by repeated criminal or other anti-social conduct. 27. Appreciate wrongfulness is a m

English 30

In small t proclaim, William Shakespeare suggests that respective(prenominal)s may press to restore detect and inference because of shillyshally and deception. purity and certainty are both qualities an undivided may desire having. To be whitenessed by ones name, or to be certain that through life theyve made the right decisions. Honour is a clear sense of what is right and proper while maintaining slap-up respect certainty is freedom from doubt. In a sense these deuce traits are connected with laurels comes certainty, and with certainty comes comply. People want to be certain that what they are doing is right and will be satisfying in the end.With certainty in actions comes pride and honour with the results. Although before the pride and honour come into variation, the right decision must be made and devising this decision is a struggle for most individuals. Deceiving and conniving may wait simpler than being honest and working stern. There may seem akin many quick a nd easy ways to do things at the finale minute further they arent honorable. In crossroads, William Shakespeare suggests that individuals struggle to restore honour and certainty because of procrastination and deception. Throughout the play crossroads, William Shakespeare presents many soliloquies.The character small town for example has a few soliloquies in which he contemplates whether to take revenge on his uncle or not. Shakespeare is constantly calling attention to Hamlets worries and delays. He repeatedly raises the issue of delay in decision making. as yet though as the reader, an individual may think it is something he/she imposes on the play, but the play raises the issue itself. In Hamlets firstly soliloquy, Shakespeare shows the first true insight into Hamlets contemplative record and his suppression of the passionate musical noteings towards Gertrude and Claudius.Hamlet agonizes over his hopelessness in carrying out the work to avenge his contract and is always searching for reasons why he is playing the way he is. No matter how much he justifies the matter, he is in the grip of something that he hobonot fully understand. This is relatable to most individuals as a person may struggle in being decisive because they do not fully understand their circumstances. Shakespeare suggests through Hamlets soliloquies that procrastination and indecisive thinking result in a struggle for restoring an individuals honour and certainty.Shakespeare included a large group of baseless characters in his play Hamlet. Shakespeare showsHamlet and Claudius being the most deceiving of all. Throughout the play Shakespeare has Hamlet in several different positions where he is deceiving the passel just about him. Hamlet is portrayed as all told mad and estranged to peel that he was really plotting a take a leakst Claudius. As well Shakespeare brings in Hamlets play The Mouse Trap not for entertainment purposes but to defile Claudius and reveal his guilt.The whole idea behind the acts of deception was for the character to gain what he/she desired most. Shakespeare made it clear that fooling the people close to oneself is a genuine way to get what he/she wants but raise result unfavourably. Hamlet fooled his mother, father, and even his friends to get the truth behind his fathers death and seek the appropriate revenge but in the end he hurt more(prenominal) people than he plotted to. Shakespeare shows that because of deception and untruthfulness an individual may take matters further than necessary in order to restore certainty and honour.Another character Shakespeare included who was very good at hiding her reality was Gertrude, Hamlets mother. Not tho was she deceiving Hamlet but she was fooling herself. Shakespeare made Gertrude appear as careless and uncommitted to the deceased King Hamlet. She hardly grieved his death, she marries Claudius promptly, and she even has a informal and somewhat incestuous relationship with Claud ius. The lack of concern Shakespeare has Gertrude impose was perhaps used as a way to reveal how some individuals cross from reality.Shakespeare has Hamlet understand Gertrudes attitude possibly to show how people might deceive themselves to run extraneous from their guilt and dirty consciences. Gertrude is completely oblivious to the fact that what she has done is wrong and this goes to show how individuals shy away from the truth to remain with feelings of comfort and security. Shakespeare suggests that while an individual may feel comfortable with what their circumstances appear to be, there is no real honour and certainty that comes with hiding the reality.Shakespeare introduces a few mental obstacles that relate to Hamlets indecisive tendencies. Shakespeare has Hamlet become a prisoner of his own mind, a man stuck in an unreal world, an irrational thinker, in a rational society. By becoming trapped in the thoughts dwelling in his mind, Hamlet prevents himself from taking ac tion. Shakespeare has Hamlet experience bombastic thoughts and feelings to show how hard it is to commit an act an individual is unsure of. Hamlet is shown as very intellectual and this inhibits him from acting promptly in coming back his honour.Shakespeare has Hamlet say very enthusiastically to the Ghosts request of revenge but as Hamlet beings to consider the validity of the matter he becomes more wary of going forth in his vengeful act. Shakespeare is suggesting through Hamlets delays, that an individual may struggle with restoring his honour and certainty because of the psychological impediments resulting in procrastination. After careful examination of the source of evidence, it is clear thatShakespeare has suggested that individuals struggle with restoring honour and certainty because of procrastination and deception.Shakespeare introduced deceptive characters such as Claudius, Gertrude, and Hamlet to show how easy yet unrewarding being deceptive can be. Deceiving oneself a nd others will do more harm than justice in restoring certainty and honour. As well, Shakespeare made it known through Hamlets over-contemplative tendencies and lamentable thoughts that procrastinating will not essentially make the decision easier, but more difficult. An individual should consider his/her actions before taking them but over-thinking could make regaining honour and certainty more challenging than necessary.

McDonalds and Wal-Mart

political economy is defined as the issue of incentives and the anyday practice of perishing these motivations. legion(predicate) deal bring g peerless to immoral conducts bonny to r for each one these incentives. A lot of people, character referenceicularly in the business field in like manner contribute much(prenominal) acts that be mor each(prenominal)y wrong but would for certain express more profit. They sacrifice integrity in exchange of develop revenues. pull d let big corporations argon guilty of these wrongdoings, even though these companies whitethorn non admit much(prenominal) offenses. They ease up resorted to umteen an some other(prenominal) instances acting dishonorable actions and in that location moldiness be a compelling reason why they acted that musical mode.Some of these cases that showed such(prenominal) responses are the public school teachers from Chicago, the sumo wrestlers, and an entrepreneur who plotted actions to attain their stingy aims. These are three different scenarios, all plightd in doing such acts that compromised their values to come through their self- digested objectives. These public school teachers from Chicago act fraud by providing their students with answers for a indis practiceable examination. On the other hand, sumo wrestlers were excessively found making deceitful acts by prearranging fights and winners of b emerges.Although there is a extra manner to streng thusly these mis architectural plant strongly, there are s of all timeal(prenominal) noticeable situations to prove that there are abnormalities within the influential deal of sumo wrestlers. The entrepreneur similarly did a dishonest act by selling bagels to any soul that would benefit for possessing that bagel which is considered as illegal. Both this instances, according to the origin, knobbed cheating that was induced by the benefits of doing such acts. All of these circumstances send away be said as similar i n terms of doing unpleasant deeds in exchange of receiving incentives as the result of these acts.The informant researched other pertinent info about the theme of this holograph. He found out that a idiosyncratic, for his declare somebodyal agenda, usually take returns of any schooling he has for a specific agenda. One firm example is on the manner a press officer make use upd of his pull together reading to cause the collapse of the Ku Klux Klan for his benefit. Ku Klux Klan is the puddle chip inn to various clandestine societies in the United States, world(a)ly situated on the southern part of the country, clearly identified for its advocacy that white people are far-off more superior to other cultural factions.The Klan do two bm to persecute the other racial groups and terrorize Afri flush toilet-American people. Ku Klux Klan downfall began when trilby Kennedy gained access to the Klan and supplied randomness to media and law enforcement groups. Stetson as come up go awayd secret tag newsworthinesss that are critical to the Klan. His effort to take advantage with the information he possesses do a big impact to the Klans collapse. Kennedy likewise penned a manuscript about his circumstances with the Klan. This development further shamed the Ku Klux Klan. Why experts of every kind are in the perfect mystify to exploit you.A phrase showing other concrete example is the way real separate cistrons be welcome when they perform their selling acts. A real-state agent persuades the owner of the digest to sell for little plot of land at the aforementioned(prenominal) time, providing potential buyer information that he can buy the house for a discounted price. To ensure that you have your excellent choice to buy or sell a house, there are clever ways that moldiness be learned to begin with engaging in the real transaction. manage in the Ku Klux Klan, there are as well as codes beingness used by the real-state agents to pass o n information throughout the ads they display.Clusters of words like vigorous maintained, spacious, colossal neighborhood and other phrases in itself, possesses a full meaning to a housing agent which are much un existn to a conventional buyer/owner of a house. Because of this, ontogeny of these agents is evident unless the prospective buyer would have a clear sagacity about these word-codes they use. On the coterminous chapter, the author did make contradictions about the common idea that the financial status of those people who do illegal acts are always better compared to those who do otherwise.He rather made this discovery impart to other factors such as the economic status of a certain individual. He found out that only those who are in the higher(prenominal) rank of a medicine organization really prosper magical spell those in the lower level still earns a little sum total for their living. These conclusions were supported by citing Sudhir Venkatesh research about t his topic. Sudhir Venkatesh is a sociologist whose research range was focused on the field studies in the shelter projects in Chicago, made some exceptional discoveries, including the one related with the financial status of a drug organization.The outcome of this research provided clear evidence about the authors claim regarding the fiscal status of those people involved drug dealership. Moreover, Sudhirs research also found out astounding information that being a member of J. T. s gang, fallacious-temperedly those in the low position jobs, faces a clear danger for their life, having 25% casualty rate. It was compared to the dangers of an employee working(a) in a timber cutting industry, and even those prisoners on the death row, and found these to be less fatal than working as a low-level drug dealer.Furthermore, this set-up was compared by Levitt to other companies, McDonalds burger flipper and Wal-Marts shelf stocker. He compared the financial status of every employee and those in the executive positions with the teentsy drug dealers and those who lead the drug organization. These two businesses both manifested the economic unstableness occurring within their respective organization, but still better compared to being a crack dealer. Chapter 4 has brought a contentious claim by the author and it did a lot of interest to take a closer attend with the manuscript.Levitt claimed that the legalization of abortion made a great impact in the diminution of crimes in a certain force field. This was supported by his numerous examples like what happened in some states including Alaska, California, Hawaii, New York, and Washington where crime guild fell considerably after making abortion legal on these mentioned territories. The author also stick ined data showing those states that has the highest cases of abortion showed the significant reduction of crimes occurring in their respective areas. In the same manner, those areas that have recorded the pu ll through(a) abortion cases only displayed a small drop rate of crimes.He debunked claims that factors such as advanced policing plan, reduced drug demand, aged population, stricter firearm forethought, a strong economy, and others significantly affect the crime rates in the country. He also noted that should abortion was not legalized on those key states, less than 2 million babies would have been born every year, thus, increase in the engagement of crimes would have been prevalent. This was due to the fact that to the highest degree of these are discarded pregnancy and it is highly probable that these babies impart be raised in an unstable family setting or in poverty.These same reasons, according to Levitt, were also the motives why did pregnant young women sought abortions. Do parenting really matters? This is a question that was covered in Chapter 5, where parenthood was the main topic. Parenting is the course of meridian and educating a mortal from birth or prior to, un til maturity. According to the author, a parent is the ste crusaded of anothers human life, from being a new born until it reaches adulthood. In the process of parenting, protection is one issue being apt(p) by parents to their children.They provide protection because they know their children is undefendable against any attack from individuals or other functions, including themselves. They feared these top executive bring distress to their child, which may eventually lead to death. But the problem lies in absence seizure of knowledge about the science of parenting. Like any other, priggish raising of a child requires skills and proper information to be able to reach its very objective as a parent. This was shown by the author when he cite a scenario about parents who feared that the presence of a gun in their homes might bring hurt and compromise the security of their children.These parents transferred their child to anothers house where there is no gun but with a liquid po ol in their house. Levitt stated that these parents gave less protection in their child because, according to statistics, more children died due to drowning in a swimming pool rather than playing with a gun. If these parents only knew this, they get out reconsider their decision and conservatively assess the place before they agree in sending their child in another location. Smart parenting, therefore, is greatly needed to ensure proper taking consider of a child.Another relevant finding the author made is the direct relationship betwixt the socioeconomic assigns of the parents to achieving a positive outcome with parenthood. Such factors like parents who were highly educated, high socioeconomic standing and having a child in the later age of the parents instanter contribute into achieving a better outcome in standardized tests of students. For the last chapter, Levitt focused the discussion to the names given to every child by their parents and how it affects the circumstan ces of a person by the names given to him at birth.He express the importance of the parents act of naming their screw up to the future life of this child. The author cited researches about this topic and analyzed surely the details relating to this matter. Levitt breaked researches linking the names of white and black American to their life condition including employment, salary grade, and educational attainment. He also discussed in this chapter a stratum about a mother that named her daughter Temptress and when this child grew up, she was accuse unruly conduct, about having sexual affairs with different men while her mother is away form home.Another name was mentioned in this chapter that was given to a child by his parents that was based upon a shallow reasoning because that name was vindicatory the number one word they saw upon reaching the hospital. Levitt expressed his meet that near(a) parenting sources with the proper choice of names to be given to their child. He further expressed that those people who did not bother to just give any names to their child without even considering its meaning do not possess the characteristic of being a good parent. This act might greatly affect the future life of a child, either he lived by his name or the world would prejudge the person by his name.These possible dilemmas mustiness be taken by these parents as a caution before they give names to their children. Our world has experienced a lot of hardships and adversities due to negligence by many people in exchange of accumulating more money and benefits. People should realize that the most heavy duty is to provide better services to their consumers. They must not stymy that enterprising requires righteousness and in any way this should not be compromised. We ought to do our duties in our family effectually for us to start changing our hostel for the better.If all of us would keep in mind the main responsibility of every human being to love his God an d his neighbor, then our guild would be a better place to live including our economy and business. The cardinal Habits of Highly in force(p) People legion(predicate) people have ventured on a lot of studies and go to several trainings to augment their skills in the management area. They pauperizationed to develop their ability in dealing with other people in various disciplines like in business, politics, and other significant areas of concern. Many businesses seek more escorting on how to deal with the consumers effectively to come along their sales and profit.Those in the field of politics also look for better approaches they exit used to convince the voters to elect them from office. These are just some of the reasons why many countersign were published to address the need of a manuscript that would talk about this very authoritative topic. Stephen Covey authored the book The 7 Habits of Highly Effective People in the year 1989. This manuscript has been include on the l ist of books that was sold favorably for more than 3 years. The author also conducted seminars about this topic and many people attended these gatherings.Companies like AT & T, Ford, Xerox and other big corporations also made recommendations that this book be read by management officials. This manuscript discussed the cardinal habits that can be learned to improve oneself and its relationship with others effectively. Covey expatiated a habit as a mix of knowledge, skills and aspirations. This knowledge would represent the area where the main focus is on what must be done for every general and specific detail. The skills focuses on the process things are done and aspirations center on the things that are desired for. In order to create a habit in our lives, we must have all three.These seven habits are subdivided into three Habits 1, 2, and 3 is on the personal success while habits 4, 5 and 6 relates to triumphs with regards to the public domain. The last habit involves comeback o f oneself. Be proactive is first habit wrote by the author. The author expressed that we must use our ingenuity and inventiveness to work on the road to our personal goals. This suggests that every human being is solely responsible for his or her life. This includes the principle that our own behavior is greatly change by the choices we make. A proactive person does not let things happen, but rather make things happen.It acts initiatively and does not see for others actions to commence. Through this, we can say that we can be responsible comme il faut for every thing that happens to us and to other people that surrounds us. The author caputed out a principle regarding the heap of concern which includes the entire feature that we have control over psychological or affection involvement. The author stressed the circle of influence, which lies inside the circle of concern must be given focus by the person which includes those things that he has total control. According to the auth or, each person has both a circle of influence and a circle of concern.Tormenting ceaselessly about things outside of the circle of influence is not dynamic. workings within the circle of influence is productive. Moreover, the more efficient you become, the more your circle of control will start to expand. The undermentioned habit pertains to the topic make with the end in mind. This is all about formulating long-standing objectives based on a specific ideology. According to the author, it is advisable for a person to hammer individual goal statements that would serve as the very goal of ones life. The author suggests good foresight planning as an authorised tool to develop this.It is like sculpting a figure that an individual want for ones life and providing a frame of reference wherein all the manners and conducts can be valuated. in that respect must be a lucid direction where to go and when to stop. Only when all the paths are exculpated that a person can suffice its ob jective with regards to planning semipermanent goals in his life. Meanwhile, in an organizational structure, Covey empha size that the companys vision would be more efficient if all the members of the group were involved in the formulation of these ideas and was not prearranged by only a small number of personalities.The third habit, Covey wrote, is to put first things first. Self- closing is snappy in this topic of concern. It entails a lot of effort for a person or to maintain personal integrity. Walk the talk is one noteworthy phrase that must always be present in ones mind to be able to preserve his or her uprightness. priggish time management and setting up of priorities are also included in this area. Those effective people know how to prioritize things and say no to non-urgent things. Think win-win is the fourth habit. This often refers to circumstances where one benefits, not needs in the course of someone elses defeat.This mentality is based on quislingism rather than contender. Each side must have the boldness to state ones convictions, but to take into concern others sentiment. It allows all participants to achieve positive outcomes in their struggles. There are four clapperclaw processes that illustrate more this habit. The first step is to see the problem from other point of view. This means that a person must also take into careful consideration the views and opinions of other people, particularly those in the other side of the struggle. penetrative what the main arguments of other people would bring more understanding for both sides.The succeeding(a) step is on identifying the key subjects and apprehensions involved in the situation. This addresses the life of the issue and focusing on the main issues of the scenario. There must be full cooperation coming from all sides to ensure the completion of this undertaking. afterward this, determination of results that represents an acceptable solution to the problem comes next. Resolution to the problem must provide a clear picture for both sides to guarantee that the benefits of these outcomes will surely answer each of the problems on each side.If there would still be unresolved conflicts between, the next step will be to identify choice options to further achieve proper arbitration of this situation. These steps can be used by companies to enhance their relations with their employees, ensuring lasting relationships between the employers and employees. The 5th habit is to seek first to understand then to be mum. The author proposes that we establish first more information before ever beginning to communicate. That is what we must compass for every situation before hastening in with giving suggestions.In order to understand the heart of any topic, it is more fascinate to use the skills in communication and listening. It is a given fact that most people do not pay attention for the answer to comprehend what they hear, instead they listen just to be able to respond to it. There are various levels of listening which includes not listening at all, pretension that you are listening, selective listening, attentive listening, and absolute listening. Only a a few(prenominal) performs the higher level of listening but this is what matters most if you want to understand more other peoples concern.Many people do not realize that by listening to others, it is al fixate a good start that you will also be understood in the process. It is very important that when you hear, it must include not just your whizzs but most importantly, the heart. That is where trustworthy listening begins. When all of the habits mentioned above are already realized, synergy comes next. This is the sixth habit and regarded to as the premier activity in all life. This tradition occurs when minds fuels another mind and ideas call for more ideas. This produces new options that come up naturally.This synergy is a derivative and this cannot be made by absolute intervention. D eliberately creating synergy actually makes it harder for it to exist. What must be provided is just to sic the climate for synergy to occur. This includes first, the win-win attitude, next is seeking first to understand, and third is the belief in our capabilities to find a third alternative. To sum it all, synergy is make directly upon other factors preceding it. This stresses that we must value the distinction between people and how they view the world.That disparity can be used as a basis of insight. Covey stated that the seventh habit serves as the oil that greases the mechanism of all the other habits. Sharpening the saw is the inclination that makes all the others possible. This requires making an investment in oneself. Treating his or her body with utmost care is what needed. Renewal of ones spirit must also be taken into consideration. This can be realized through prayers, music, reading the word of God, reflection and others. All of these can touch our inner beings and p rovide restoration to every individual.We can further make investments for ourselves by continuing education, complete(a) reading of books and manuscripts that would give more information and knowledge in many aspects of life. Another aspect would be the social and emotional regeneration that entails fundamental interaction with other people to build the ones own sense of welfare. Another is through penning materials that would challenge our ability to think, rationalize, and comprehend more. After all of these, rest is also needed to renew our energy and to garb us again for another days work.Self-sufficient philosophy alone is not appropriate to mutually dependent actuality. Independent persons who do not have the maturity to consider and perform interdependently may become excellent individual producers, but these people would not become superior leadership or team players. All of these seven habits Covey presented give a tiny understanding on the facts that highly effective people acts and deal with their own life and their milieu. These customs are worth to try in attaining the goal to be highly effective individuals.But the most important thing would be to maintain a clear conscience and be sensitive profuse to others feelings and circumstances. To be highly effective depends greatly on what do most people see on person. This book is just a guideline for us to start with the objective of being effective persons in our respective fields, but it still depends on ourselves if we will filter to continue these principles. It all boils down to one major area the persons relationship with God and his neighbors. The machination of warfare The manuscript The Art of War was recorder as one of the oldest book written for armed forces applications.This involves a lot of strategies and approaches when it comes to war planning and executions. Many famous personalities have claimed that their principles were inspired by this book. Napoleon Bonaparte was belie ved to be inspired by this book during his entire course of imperial campaign. Its simple but glorious approaches are the things that made this book survived up to the present. Aside from its importance in the war strategies, The Art of War principles can also be utilize to the business world today.Many topics of this timeless book can be seen as relevant to the corporate arena, where the competition between companies is inevitable. This set up can be seen as a war between companies and such quotes from lie Tzu can be utilized to encourage managers and businessmen to achieve eventual(prenominal) success in their respective industries. The first chapter of the book focus on laying plans This surveys the five dollar bill key essentials that characterize competitive situation which includes mission, climate, ground, leadership, and methods.This chapter also includes the process of evaluating one selfs competitive strengths against your enemies. If the planner suppose a great stra tegy and executed it successfully, then that group will already have a step further of the competition when it comes to the actual battle. In the business arena, it is a must to conduct planning and surveys to evaluate the present status as a company as well as its competitors performance. By doing this, there would be a clear argue that can be used further when modifications and designs of products and services are needed.Another thing is that sure victories always start with careful planning the details of a strategy. In commerce, good policies isnt automatically employed to directly concussion a competitor, instead it is a tactic that uses chances to take full advantage of your situation in the market. A corporation must look at their inner strong points and weaknesses and visually placed them for careful observation. The next step will be to look at the outer prospects and threats of the company and put these in an outline for study.After all of these, the company will come u p with a detailed analysis of the companys strengths, weaknesses, opportunities and threats and come up with a new strategy. Upon looking at the results of this analysis, decisions then must be made whether to continue with the competition or to venture to other trades. Waging war is on the next chapter wherein it clarifies the process of understanding the financial nature of the struggle and how triumphs require making the brilliant move that will serve victory, which as an aftermath, limiting the costs of competition and argument.Like in the business field, when competition is so fierce, the business manager must carefully familiarize himself with the actual competition between all the players so that he would not spend a lot of resources just to stay in the contest. He must be knowledgeable enough to handle this war between players in the market. The next chapter focuses on the topic attack by stratagem. This chapter discusses that the source of any military strength resides in u nity and not in size. In this chapter, Sun Tzu also gave five factors to know who will become victorious in any battle.First is that the person who knows when to engage battle and when not to fight, will be triumphant. Knowing ones capability is a good sign of a great strategist. Same with the business, owners of the company must know their strengths and weaknesses to be able to forefend possible collapse and defeat from its competitors. The next factor, according to the book, is that the person who knows how to use whatever the size of his forces will be victorious. Another aspect is that the one who knows how to bring unity between those in the lower and upper level for a clear intention will also be victorious.The fourth factor is that the one who is always ready will be successful compared to those who are not. The last aspect is that if commander-in-charge is competent and not meddled by anyone, including the ruler will be triumphant. All of these five factors can be applied in managing a business, particularly those who faces great competition in the market. Competition in the trades is analogous to war being draw by Sun Tzu. The next chapter pertains to strategic outlook that is also important in war. According to this segment, an military that acquires first circumstances before going to battle will be victorious.On the other hand, an army who engage in battle first without considering other important conditions will just be looking for defeat. An owner of a business must study first the conditions of the market before putting up his business to enable him to address important issues regarding the needs and circumstances of the consumers. Only by then he would have greater chances to survive in the market and may surpass all its competitors. Chapter five concerns the proper utilization of force of an army. It is described in this chapter that proper use of force is required to win the battle.Whatever the size of an army, it still depends on how it will use by the commander. In business, proper utilization of resources is needed to ensure efficiency in the business. It all depends on how it will be leech by the manager of the business. The next chapter focuses on knowing the weakness and strengths of an enemy. Probing the enemy to know its weak place and its strong points is a good way to defeat the adversary. In business, it is a good attitude of a business manager to familiarize himself with his competitors flaws because this information can be used to improve his products or services.Right maneuvering is on the next chapter. It is not always appropriate to face your enemy directly. Proper post is good tactic to add more advantages to the army to defeat the enemy. communication channel also requires proper way of identifying good positions to enhance the sales of an industry. A fast food chain must be placed in a crowded area, even there are already conventional competitors in that locale. What is more important is the proper placing of the store that would still be accessible enough to consumers. Next topic described in chapter eightsome is the variation in evasive action of an army.Flexibility must always be present in anyones mind because there might be unrestrained circumstances that suddenly occurred that need to be address immediately. There must be rooms for changes in the plans. Contingency measures are always present when planning a war strategy. This is the same with business because, trends are continuously changing and the demands of people may vary in time. That is why many companies have put up research and development division and innovation section to address these concerns. Chapter nine illustrates the actual army marching toward the enemy.Like in the previous chapters, maneuvers must always be a part of the plan when marching began. It all depends on the actuation of the enemy in the battlefield. The general must be knowledgeable enough to provide his army tactics in the battl e arena. In the corporate world, the same is applied. There must be enough room for sudden maneuvers and that depends wholly on who run the company. Like a general, he must be skilled enough to deal with actuations that require some changes in the plan. Ground Formation is on the next chapter. It entails a lot of insight on how to position an army in the battle.In order to win the war, it is imperative for a general to evaluate the opponent, make situations leading to success, calculating the risks and spaces. In the business arena, it is also relevant to ensure success of the business by the managing properly of a particular company. There are conditions that need to be set in order to enhance the sales of the business. Risks in the business are inevitable a good manager will always make accurate calculations to avoid these business threats. The eleventh chapter discusses the nine different grounds in warfare.These must carefully study because according to the book, there is a spec ific response for every given type of grounds. These are the following dispersive ground, marginal ground, contentious ground, open ground, intersecting ground, critical ground, difficult ground, surrounded ground, and acerbic ground. Each ground needs appropriate action by the peremptory general to guarantee victory. In the market, there are variations in the settings and environments. A good businessman will carefully examine his ground first to be able to survive this competition, if there is any.Chapter twelve illustrates the topic on fire attacks. This gives explanation on the use of arsenals commonly and the use of the surroundings as a weapon particularly. It scrutinizes the five marks for aggression, the five types of bionomical assaults, and the suitable answers to such assault. In business, we cannot avoid some competitors doing some bad tricks to destroy his rivals business reputation. Proper responses must be applied to such attacks like these, or they might fulfill t heir purpose to afflict their rivals industry. The last chapter discusses the use of spies.This focuses on the relevance of producing good data gatherers to help in their battle. According to the book, enlightened leaders and superior commanders who have acquired clever agents that are used as spies are most likely into enormous triumphs. This timeless piece of manuscript can be applied to various disciplines aside form the real warfare. It gives a lot of brilliant ideas that are far more superior to other advices provided by other books. One important thing that must not be disregarded is that God is in control of everything. It takes His help and purvey to help win any adversary.This is also included in the book, pertaining to Heaven. As long as we do His will, we must not be affected by any enemy that hinders our success. The battle is the Lords. References Levitt, Steven D. , Dubner, Stephen J. Freakonomics A imp Economist Explores the Hidden Side of Everything. United States William Morrow, April 12, 2005. Covey, Stephen R. The 7 Habits of Highly Effective People Powerful Lessons in Personal Change. New York Simon & Schuster, 1990. Tzu, Sun. The Art of War The Denma Translation. United States. Shambhala Publications. 2001