Castles of Norway

Abstract Norway has a rugged terrain and a cold climate. Its most famous castle, named Akershus, is located in Oslo, Norway and was built in medieval times. Its architecture was advanced for that time period, and was extremely important in the protection and defense of Norway. Akershus was also a fortress as well as a castle, which led to better protection. This was also in the time of the Vikings, the much feared defenders of Norway, who were known to be very brutal in war.It was rebuilt, updated, and repurposed several times throughout history, and is now a trademark in Norwegian history and culture, serving as a large tourist hub. There have been many castles over the centuries that people have appointed the best because of their location, defense, architecture, or history; such as the Windsor Castle, Holyrood Palace, Buckingham Palace, and the Chateau de Versailles. However, another, lesser known castle seems to be right on par with these beauties: the Akershus castle in Oslo, No rway.Akershus beats the standards in all of these categories and more, which is most likely the reason it is plainly the most famous castle in Norway. It was created and protected by the Vikings in the medieval ages, and to this day stands tall in strong, just as it did at the turn of the fourteenth century. Location Norway has a very rugged, mountainous terrain, containing some of the highest points in Europe north of the Alpine-Carpathian mountain range with only one-fifth of its total area less than one hundred-fifty meters above sea level (Norway – Topography, n. . ). The main river, the Glama goes through the Southeast and is three hundred-eighty miles long. Much of Norway has been scraped by ice, and there are one thousand, seven-hundred glaciers totaling some three thousand, four-hundred square kilometers. There are many great harbors and almost numberless fjords, along with vast strings of islands stretching all along the coastal areas of Norway. Norway’s clima te is also somewhat harsh, yet seemingly mild when compared to other locations at its latitude. Snow covers the ground at least three months a year.During the summer months, when the sea is cooler than the land, the situation is different; then the west winds cool the coast more than the inland so the warmest summers are in the inland valleys of the southeast. â€Å"Average temperatures vary between negative ten degrees Celsius in January in Spitzbergen and sixteen degrees Celsius in July in Oslo. † Even though there is much snowfall, the warm waters of the Gulf Stream keep the seaports clear of ice, but the inlands are cooler in the winter months because of the mountains blocking out warm winds (Norway, n. . ). In northern Norway, there is continuous sunlight in certain parts of the summer. â€Å"In northernmost Norway, the sun stays above the horizon for about two and one-half months. Southern Norway never has continuous daylight, though it averages nineteen hours of dayli ght a day in midsummer. † The further north you go, the longer this period of twenty-four hour light lasts. The opposite happens in the winter, where the sun hardly ever rises at all. During these times, the Northern Lights, also called an aurora, can be seen in the sky (Norway, n. d. ).Defense Norway had one of the best, most feared, and well known armies in all of the medieval ages: the Vikings. â€Å"The Vikings were greatly feared for their strength and skill in battle†¦Ã¢â‚¬  Their primary choice of weapons consisted of spears, swords, and others alike (Top / Weapons, n. d. ). Viking's swords were double-sided steel and relatively lightweight. They also had large battle axes, used to cut through an opponent's armor. The wealthiest Vikings had coats of mail, which were coats of metal links put together to protect them from arrows and such.While every Viking wore a helmet, they offered little protection. This was meant to protect the rest of the body that a helmet ca n't protect. The Vikings’ helmets were made of either leather or iron. There is a common misconception that they wore double-horned helmets into battle, when really, those were only used for ceremonies. Another misconception is that they often used archery as a method in battle. The Vikings mainly used methods of archery for hunting. They also used them for battle occasionally, but mostly for long-range shooting.However, when applied in fighting, they were very useful in large battles (The Vikings, 2011). The Vikings’ main enemies were the Christian Monasteries, as they were Pagans, not Christians like most people in Britain. â€Å"A Viking robber did not think twice about robbing a Christian church. Christian monasteries in Britain were easy to attack, because the monks in the monasteries had no weapons. † (Why Did Vikings, 2012). â€Å"The unification of Viking settlements along the Norwegian coast was well advanced by the time of St. Olav’s death in 1 030.He is credited with overseeing the population’s conversion to Christianity. A period of civil war ended in the thirteenth century when Norway expanded its control overseas to parts of the British Isles, Iceland, and Greenland. Norwegian territorial power peaked in 1265, and the following year the Isle of Man and the Hebrides were ceded to Scotland. † The Hanseatic League and the Black Death weakened Norway greatly. The royalty died out in 1387, and the union that Denmark, Norway, and Sweden tried forming had also soon fell apart (History, n. . ). Architecture In Norway, one of the main resources is wood, so much of the architecture is based around that. This still reigns true today, all over Norway. There were wooden churches built on wooden posts in the ground in the Middle Ages, known as stave churches. Norway was always a little behind on architectural advances made in the rest of the world, and when they did reach Norway, they made little impact. One of the adva nced that made a larger impact was the Baroque-inspired Barony Rosendal (The Evolution of Norwegian, n. d. ).They had double-handled saw to fell a tree, wedges, crowbars, pickaxes and hammers for stonework, and the anvil, bellows and hammer for smithing; at this time, everything was done by hand, which means they needed a blacksmith, a woodworker, a mason, and a carpenter (Tools for Medieval, 1999-2012). This castle is made only of brick, and is the only one of that nature in Norway. Akershus was built on the ridge of a cliff opposite of the harbor bay, and the highest point of this ridge lays a high tower. The main entrance of the castle is guarded by a draw bridge and a portcullis.The weakest point is on the east side, guarded by a dry moat and a ring wall. This is what makes it better than most castles of that time (Hericher, 1998, p. 69-70). Specifics Akershus was first built in 1299, and has changed multiple times since then. In 1592, it was turned into a fortress, and was then changed into a Renaissance castle in 1637-1648 (Akershus Castle, 2008-2012). It is located at approximately Latitude:  59. 9, Longitude: 10. 7 and was funded mainly under the order of King Hakon V, along with some extra money from the church (Rongen, 2004-2012; Hericher, 1998, p. 0). Today, the Akershus castle is used as a source of tourism. The Armed Forces Museum is now located inside the fortress and displays the military history from medieval times to years following WWII and it's free to visit the museum (â€Å"Akershus Castle – Museums,† 2008-2011). It is used for major events in the Norwegian government as well. It also happens to be the headquarters for the Ministry of Defense. You can go on tours of the full castle, and there are many important items and rooms on display such as the one shown in Figure 1.King Sigurd I, King Haakon V, Queen Eufemia, King Haakon VII, Queen Maud, King Olav V and Crown Princess Martha have all been buried here (â€Å"Royal Mau soleum (burial,† n. d. ). In general, Akershus is the most famous castle in Norway because of its strategical location, its perilous defense, and its outstanding architecture. The Vikings and this fortress held Norway together through the medieval ages, so that Norway is a strong remnant of what a country can be when it is backed by dedication and hard work, much like what was put into Akershus.Today, it has become the celebration and joy of Norway, as they proudly display it to the world, and rightfully so. References Akershus castle [Web brochure]. (2008-2012). Retrieved from Innovation Norway website: http://www. visitnorway. com///? pid=74461 Akershus castle & fortress (Akershus Slott) [Brochure]. (1997 – 2011). Retrieved from CustomWeather, Inc. website: http://www. viator. com/-attractions/Akershus-Castle-and-Fortress-Akershus-Slott/-a2722 Akershus Castle – Museums. (2008-2011). Akershus castle (Akershus festning) [Brochure]. Retrieved from Everycastle, inc . ebsite: http://www. everycastle. com/-Castle. html The evolution of Norwegian architecture [Government article]. (n. d. ). Retrieved 2012, from The Norwegian Museum of Architecture website: http://www. norway. org/utnorway//// Hericher, A. -M. (1998). Norwegian medieval castles: Building on the edge of Europe. In Chateau gaillard (pp. 69-70). Brepols. History. (n. d. ). Background note: Norway [Database]. Retrieved from http://www. state. gov/////. htm Norway [Fact sheet]. (n. d. ). Retrieved from WeatherOnline Ltd. website: http://www. weatheronline. co. uk///. htm Norway –

A middle class family named The Birlings Essay

An Inspector Calls, written by J. B. Priestley, is about a middle class family named The Birlings. The Birlings lived in an up and growing industrial town in the north midlands. Set in 1912, the Birlings were happily celebrating their daughter Sheila’s engagement to a respectable businessman, Gerald Croft. However, the modest celebration turned out to be more than eventful when an unexpected inspector arrives enquiring the suicide and death of a young girl names Eva Smith. Whilst doing so, the inspector unlocks a chain of family secrets along the way. The play, in its time, proved to be very popular, and still does so today. In this play, I think that J. B. Priestley chose the characters very well. I think that what made the play so appealing is the way in which he gave each character such a strong personality. Each member of the Birling family has a unique personality and throughout the play some of the Birling family change. I do think however, that the Birlings as a whole family are quite stereotypical. The Birlings come across as a family that have wealth and seem to be quite a respected family of a high class. At the beginning of the play, the Birling family seem to be quite a closely bonded family but throughout the play this bond seems to drift apart as they recognise their differences. The family consists of four very unique and exciting individuals: Arthur Birling- A very self-obsessed, wealthy business man, also very self-opinionated. The perfect example of an old snob. Obviously very proud of his achievements in life, but with his heart set on a knighthood which would be his ultimate achievement. Sybil Birling- Considers herself high in regard to social standings, largely on the back of her husbands’ success and wealth. Possibly a ‘Hyacinth Bucket’ of her time. A very unlikeable woman who sees lots of people as being beneath her. Sheila Birling- comes across as a very polite and obedient woman, looking forward to her engagement to Gerald Croft. However, as the play goes on, Sheila begins to realise the truth about herself and the Birling family, and begins to stand up against them. Eric Birling-Quite an enclosed person. Eric’s personality is hard to detect. He seems to be the outcast of the family, and the family do not discover until later on in the play that Eric is in fact a heavy drinker and was to father a illegitimate child. A typical wealthy young man of the day.

A Comparison of Taylor and Fayol’s Management Theories

A Comparison of Taylor and Fayols Management Theories Introduction The purpose of this essay is to discuss the two management philosophies from Taylor’s and Henri Fayol’s. One management theory is focus on task while another is focus on people. Both theories have made contributions in modern management practices. We will discuss the theories and outline their efficiency and effectiveness in the current firms. FW Taylor Philosophy Taylor’s management theory focuses on task management. This theory is called â€Å"scientific management† or â€Å"Taylorism†. He found that two different workers performing the same task will have different outcome and the number of output. He categorized them as first class worker and average worker (Sheldrake J, 2003a). The first class workers are highly motivated and work efficiently rather than wasting time or restricting output. They are ideal works for many industries, but not all workers are first class workers, most of them are average workers. They only work slow an d easy until the wages they get paid. As the result, it drives down the production efficiency, because workers are not motivated. Thus, Tayloer’s task management develops the theory to show how to motivate workers toward a greater work performance and productivity. This theory is important to many industries firms; it helps them to using less time to increase more production efficiency. This management benefits firms create more output while still paying fair wage to the workers. The aim for this theory is to reduce inefficiency toward the output performance. Taylor suggested the wage levels based on output which means the workers will only be paid by the amount of their productivity. The more output they produced, the more wage they are paid. Thus, it drives their motivation toward a better standard. It doesn’t just increase the efficiency, but also reduce the working hours. There are seven approaches to improve the productivity in this theory. Select the appreciated workers and observe them to perform the tasks. Then record the time taken for each task and identify the quickest method. The last three are providing training, supervise workers to ensure the â€Å"best way† is carried out and pay workers on the basis of results (Stimpson P & F. A, 2010). In order to apply Taylor’s approaches, the task has to be specialized, so workers don’t have to be trained all the time and always under-supervised. However, Taylor’s task management has two advantages and two disadvantages. When we look at work specialization, it can increase the efficiency by using the minimum resources such as time or labor. It means that it is not helpful if the output is produced at the maximum outcome while waste many resources. Using minimum resources to produce the maximum result increases the work efficiency and also production efficiency. The other advantage from Taylor’s theory, a specialized work means a profession. The problems will be solved easily, because workers are clearly known what went wrong and how to solve the problems. Workers are always familiar with what they do, so they won’t waste time on finding out the solution for specific problem. Therefore, the work specialization doesn’t just explain the efficiency in outcome, but also increase the efficiency in process.

Rene Descartes in Philosophy - the Distinction between Mind and Body Essay

Rene Descartes in Philosophy - the Distinction between Mind and Body - Essay Example The book contains six different meditations and opens with Descartes discarding away all information and knowledge he had ever known before. This laid ground for him to begin a new search for knowledge and wisdom. The distinction between mind and body and the existence of other material things is the last piece of meditation in the book (Rozemond, 2006). The sixth meditation deals with the existence of material things and the difference between mind and body. This meditation has two main arguments that Descartes uses to prove that the mind and the body are two distinct realities. The first argument states that since it is possible to conceive the mind and the body as two different things, God can cause them to exist independently. This argument fulfils the traditional criteria for metaphysical real distinctions. The second argument states that while the body is divisible, infinite and extended into space, the mind is unitary, indivisible and un-extended into space. These two distinct natures of mind and body distinguish the two elements as distinct and independent realities. In this meditation, Descartes attempts to find proof about whether material things can exist out of self and God. He then proceeds to prove that the mind is distinct from the body. With regard to the latter, Descartes begins his proof by asserting that God is capable of creating anything that Descartes himself can clearly and distinctly perceive. He follows this argument by stating that if God is capable of creating things that are independent of the other, then such things are distinct and different from each other.

How the media influeces society Research Paper Example | Topics and Well Written Essays - 1500 words

How the media influeces society - Research Paper Example A possible way that can directly measure how exactly the media affect people is through an unethical experiment where the person is exposed to only media and not other sources of possible influence, such as family, religion, education, and other institutions. Despite constraints on determining causal relationships between mass media and social effects, several empirical attempts have been made to understand how media can influence society. Mass media affects society through providing a model for learning behaviors, setting agenda that can affect people’s prioritization of and response to social issues, and framing information that can impact how people understand and react to events and schemas. Mass media influences society by offering models for learning behaviors. Albert Bandura’s Social Learning Theory can help explain how mass media shapes behaviors. Social Learning Theory states that people learn attitudes and behaviors by â€Å"observing and modeling† othe rs (â€Å"Social Learning Theory†). Learning is not the same as imitating because learning means that people are not only imitating something, but has absorbed the underlying knowledge and/or skills, as well as values and norms (when present). Mass media can then have positive or negative effects on people by shaping their attitudes and/or behaviors through the social modeling mechanism of learning. One of the most studied and controversial mass media effects is violence, specifically youth violence. Craig Anderson and colleagues surveyed a wide literature of media effects on violence. They stress that, based on their findings, numerous studies with different sampling, methods, and media genres prove that violence in mass media can increase the possibility of aggressive behaviors for the youth in the short-run and/or long run through different ways. Craig et al. state that observational learning can result to children learning â€Å"aggressive attitudes and behaviors† from mass media, such as â€Å"television and video games† (94). The studies of Bjorkqvist in 1985 on 5 to 6-year olds Finnish kids and Josephson in 1987 on 7 to 9-year old boys provide some evidence that, for their cross-sectional studies with control groups, those who â€Å"watched violent films† acted more violently against other children afterwards than those who did not watch violent films (qtd. in Craig et al. 85). Mass media can be argued as affecting these children by providing negative models of violent behaviors, which affected their actions too, at least in the short run. A longitudinal study from Eron et al. show that boys who watched violent TV shows since the age of 8 showed â€Å"more violent attitudes† later on in life (qtd. in Craig et al. 87). Mass media can have, based on this study, lasting effects on people’s behaviors too, provided that it is a prevalent and significant presence in a child’s life. These studies indicate that m ass media can affect society by teaching harmful models of behaviors. Not all mass media effects on society are negative, nevertheless, because mass media can be programmed to teach pro-social behaviors too, where it can affect society through modeling positive attitudes and behaviors for the youth. Many television and CD/DVD shows, for instance, are geared to teaching children positive social behaviors and new knowledge and skills. Dimitri A. Christakis et al. wanted to know if exposing children to TV shows that teach

The Problem with Juveniles Essay Example | Topics and Well Written Essays - 750 words

The Problem with Juveniles - Essay Example After 5:00 pm, at the corner market, you will find large masses of adolescents and teenagers congregating outside of the building. Until well after midnight, outside of the community convenience store, youths are simply standing in front of the doors dissuading shoppers from entering the building with rather intimidating and unusual behaviors. Are these youths involved in charitable activities or even socializing for lack of a more appropriate social venue? No. Each individual juvenile apparently seems to be unaware of the presence of their peers, simply leaning against the commercial centers staring off into space or tossing copper pennies against the concrete. There is a serious problem with the psychological well-being of community juveniles who are illustrating both anti-social behavior and disinterest in typical youth socialization. During this development period, it is normal for youths who are seeking identity through peer associations to engage in a variety of social recreati on activities ranging from skateboarding to sleepovers. In most communities, youths can be witnessed riding bicycles, playing sports, and maintaining close-knit cliques as they form typical peer networks of support and friendship. In this community, youths are much like zombies, expressing very little desire for seeking peer support and generally illustrating very little emotion normal for a well-adjusted youth. It leaves adults in the community wondering where local support for adolescent and teen recreation has been in recent years. Are there little league teams available for membership? Do school officials advocate and promote the importance of extra-curricular activity for better social adjustment? Are parents encouraging juveniles to seek regular peer activities? Where is the business sponsorship of sporting events for adolescents and teens that are common in other communities across the nation? It is not my intention to point my proverbial finger at the adults in this communit y, however there is clearly disengagement between grown-ups and youths occurring and it is creating a generation of young people without the collective and social mentality needed for successful transition as leaders of tomorrow’s community. Sports and peer networking are critical aspects as they create a sense of belonging which, ultimately, leads to self-confidence and self-esteem under many trusted and respected models of psychology and sociology. Think backwards to your own youth experience and count the volume of times that you were able to rely on peer networks during periods of emotional confusion and depression. If these youths are unable to engage one another in the here-and-now, what legacy do you think this will leave ten years from now? Twenty? Maladjusted teens and adolescents have very long-term implications for all of us in the community. It is high time that adult citizens, businesspersons, school governance, and community governance assemble to discuss this v ery serious problem with juvenile disconnection. Most communities maintain recreational centers with special activities targeted at juvenile-aged youths to promote more effective socialization and establish networks of supports with same-aged juveniles and respected adult community figures. I know it is quite easy to simply purchase a television and gaming system as a means of entertaining youths, however they are clearly abandoning these options since they are ever-present standing outside of commercial businesses like mindless and automated robots, seemingly desperate for someone in the community to notice they are greatly in need. Well, fortunately for these youths I recognize their troubling situation and strongly propose that all of us adults come together to provide adequate solutions before it is too late.

Gasoline Prices Essay Example | Topics and Well Written Essays - 1500 words

Gasoline Prices - Essay Example Increased fuel prices forces American society to find alternative energy sources and motivates the government to invest more into research and development of the cars with less fuel consumption and improving efficiency of the refinery sector. Crude oil prices have the major impact on gasoline prices. Other factors include refinery capacity in the country, gasoline inventories maintained by refiners which is going downward, regulatory environment (national air quality standards), and the structure of the gasoline market. It is important to note that mergers lead to anticompetitive effects because more power is given to merged companies who are able to increase prices above competitive level. The first wave of mergers has started in 1990s in US when several competing with each other companies have merged. More than 2,500 mergers have occurred at that time - since 2000 only 8 mergers have occurred involving different market segments (exploration, production, and transportation) (Energy Markets: Factors Contributing to Higher Gasoline Prices, 1). Refining capacity in the United States is not expanding at the same rate as demand for the gasoline. The American average refinery capacity is 92 percent - as the result, there is no room to expand production (Energy Markets: Factors Contributing to Higher Gasoline Prices, 1). ... Experts attribute higher prices to the expending demand (particularly for the electricity production) while supply is not expanding at the same rate. The balance of demand and supply is especially affected if demand or supply changes unexpectedly. For example, the prices went up at the end of year 2005 when two hurricanes hit the Gulf Coast region (Natural Gas: Factors Affecting Prices and Potential Impacts on Consumers, 1). As it was noted above, the domestic refineries are already working at their full capacity and the fact that the gasoline is imported leads to the shortage of supply. According to market structure principles, the shortage of supply results in increased cost - people will buy gasoline despite of the price they pay. In 2004 the United States citizens have consumed approximately 20.5 million barrels per day of crude oil accounting for as much as 25 percent of global production. Half of this crude oil was used for the production of gasoline. Data from the Energy Information Administration indicate that the capacity of American refineries is approximately 16.5 million barrels per day. Even though the refineries are upgraded, the majority of them have been built over 25 years ago. By year 2020 the demand for gasoline is projected to increase by 20 percent and the country will not be able to satisfy the domestic demand. As Karen Matusic has noted, since May 2005 the demand for gasoline has increased by 3.3 percent while the price increased by 35 percent. From supply side, she continues, those refineries that has been destroyed by hurricanes are operating now and the capacity utilization rate rose to 91.7 percent (Matusic, 1). Despite of the increased capacity, the price for gasoline is not

Marketing research paper Example | Topics and Well Written Essays - 500 words - 3

Marketing - Research Paper Example They may become the center of discussions and ridicule among peers, thus making them suffer a psychological blow. Adults on the hand, are not as much affected as children, but suffer all the same in different dimensions that may include financial or even emotional (Basch, 45). The subject of divorce has developed to be a key social factor and plays a central role in human development as witnessed in legal courts, legislative arms and other aspects of law. The reason for such magnitude of importance is that it has risen so much to affect so many families across the globe. The effect sometimes streams to affect different aspects of the development of the country (Basch, 32). Answer for most people is to make divorce difficult to get, but still attainable. That is factored by making it the last option to solving family disputes but not the first. Before committing to divorce, the concerned parties should critically analyze the circumstances under which divorce will subject them to (Basch, 55-56). Compared to women, more men support separation for protection of their social status. They always pay little regard to their children and can consider starting new families and new lives so quickly (Riley, 55). Among an interviewed population of approximately 6000 that included both genders, not divorced and divorced alike, different answers were sustained. The men opted for divorce at a percentage ratio of 50.88: 49.12 of women. More whites view divorce as a solution to irreconcilable marital differences. The factor is fueled by the financial status that enables them to pay alimony and other dues. A white percentage of 79.24, compared to 20.77 of both Hispanic and Blacks favor divorce. Hispanic people do not support, divorce for cultural reasons, whilst the Africans fear divorce because of the inability to meet the alimony fines (Riley, 67). Divorce among the High School Graduates has always been high. Lack of proper education and peer

Critical thinking Essay Example | Topics and Well Written Essays - 1000 words - 4

Critical thinking - Essay Example interventions in Iraq, Kuwait and Afghanistan could expose much severe similar incident - says the article. President Obama claims to achieve a significant saving of atleast U.S.$ 40 billion dollars an year through strong interventions in the contract awarding process. According to the reports, abolishing no-bid contracts and reducing the outsourcing level of government works to the private agencies are the major ones in the proposal. The articles communicates clearly the commitment of Barack Obama by emphasizing that the money from the people of America need to be utilized to satisfy their priorities rather than allowing it flow through the drains. The necessity of radically transforming the feeble system of contracting also adds to the Obama’s interest to provide a good public administration. The initiatives taken by the present President includes issuing clear directions to his Budget Chief for evolving appropriate guidelines to evaluate the existing contracts for their via bility. Based on which they could be either modified or even cancelled. In addition, the Budget director is also asked to strictly monitor the entire no- bid contracts and the operations of the private companies working with the government also would give a fresh impetus into these things. The article substantiates the President’s claim with very clear figures. The award of contract for undertaking the restoration work of Iraq’s Oil production was through non-competitive manner to then Vice-President Dick Cheney. And, spending of millions of dollars without proper accountability in Iraq and Afghanistan, over spending in over 95 defence projects are some of the few specific references made by him. As per the content in the article, the message Obama spreads is very clear. Contracting works would no longer be in a flexible budget form, the fixed price of the contacts would soon force all the contractors to assess their costs in a realistic manner. The

Electricity and Economy in Kenya Essay Example for Free

Electricity and Economy in Kenya Essay ICT has been the main driver of Kenyas economic growth over the last decade, growing on average by 20 % annually, and propelling the combined transport and communications sector into the economys second largest after agriculture. In chapter three I have discussed the impact of electricity on key economic sectors in Kenya which are agriculture, educational services, banking and communication services, microenterprises and tourism all of which are key pillars of Kenya Vision 2030. It costs approximately Ksh. 5,000 to connect to the grid and about 15 US cents equivalent per kWh of electricity service. This high cost is a major obstacle to the expansion of electricity connection to low-income households. Chapter 1: Introduction 1. 1 Overview and statement of the problem Broad agreement exists that the level and the intensity of energy use in a country is a key indicator of economic growth and development. A number of researchers claim that for modern energy to make a difference on poverty, it must necessarily contribute to productive uses that generate income and create jobs. Kenya’s Vision 2030 identified energy as one of the infrastructure enablers of its pillars and it is expected that more energy will be required to realize the objectives of the Vision. The economic pillar of Vision 2030 aims at providing prosperity for all Kenyans through an economic development programme aimed at achieving an average GDP growth rate of 10% per annum over the next 25 years. Electricity remains the most sought after energy source by the Kenyan society and access to it is normally associated with rising or high quality of life. Its current consumption is at 143 kilowatt hours (kWh) per capita and national connectivity rate of about 28. 9% which is below the average of 32% for developing countries. Electrification plays an important role in the start-up and growth of microenterprises which may lead to sustainable livelihoods and poverty reduction. Energy can be directly linked to improved food security because energy can be used in any part of the food supply chain, from growing, processing, storage and cooking, through to marketing and distribution.

Post Civil War Westward Expansion History Essay

Post Civil War Westward Expansion History Essay Both before and after the Civil War, people were exploring and settling into the West, discovering new sources of income, freedom, and adventure. These were the times of westward expansion and manifest destiny. The belief in manifest destiny inspired Americans to be obligated to settle and exploit new opportunities in the newly opened lands, since they would extend the domain of free government and free enterprise (Historyteacher.net). As more Americans settled the West, the lands they inhabited were established into territories. In the 1840s, Texas, Oregon south of the 49th parallel, and the area between the Rockies and California were acquired for the United States. Texas was annexed after nine years of independence from Mexico after the Texas Revolution, which led to the Mexican War as the United States and Mexico disputed over the southern border. As a result of this war, the United States acquired the Rio Grande border, and the territories of New Mexico, and California. Soon, gold was discovered in California in the Sierra Nevada Mountains in 1848 and people started flooding in for the Gold Rush. This population boom essentially established the city of San Francisco and new financial opportunities for women. However, when these new territories of New Mexico and California were to be admitted as states, the issue of slavery came up: if one more free state was added than a slave state, then there would be unbalance of power between the North and South. This presented a problem for the nation, since it was necessary to decide whether or not and how slavery would be allowed in the territories. In effort of finding a solution, the Compromise of 1850 was drawn up by Henry Clay, which entailed that only California would be added as a free state and the rest of the territories from Mexico would have no restrictions on slavery. The Civil War then rolled in in 1861 and its conclusion four years later vanquished any future for slavery. Once the war was over, westward expansion commenced full steam ahead, as construction of the Transcontinental Railroad gained momentum in 1866, having the last spike hammered down in 1869. Quite a number of ex-slaves migrated West to escape threats of Jim Crow laws in the South. Cattle raising, farming, and mining became substantial new markets, and all the new settlers impacted both the land, economy, and most significantly the original inhabitants and new minorities. Into the West traveled from the East thousands of Anglo-Americans and some European immigrants looking for gold and silver, and pastures for farming and ranching. What enabled so many to go out there were the Transcontinental Railroad and the Homestead Act of 1862. The Homestead Act gave out 160 acres of federally owned land for a small fee to citizens for them to cultivate and improve it. The strategy and initial plan often failed, however it enticed enough people to go out to the West and start making a living. Between the 1860s and 1890s a mining boom occurred as a result of corporations taking over the search for metals where the individuals had finished scouring the surface. A few of the locations where this took place were the Comstock Lode and the Black Hills. In general, mining focus shifted from gold and silver to copper and lead, for they were metals considered more important, and were sent back to the East. A result of the increased corporate mining was the increase in so-called boomtowns, in which could be found excitement, large quantities of men (mainly those who worked for the mining business), and vigilantes fighting the lawlessness. Once the mines had been excavated to their fullest extent, the mines were closed, and consequentially, the boomtowns abandoned. Cattle ranchers were the first settlers to take over the Great Plains, raising their cattle on open ranges, becoming the cowboys we know today. These settlers would obtain their techniques and equipment from the original Mexican and Texan herders. To send their cattle to the East, they would round up their 2000-5000 cattle and drive it up to a railroad, the most popular being initially being at Abilene, Kansas. Open ranges began to disappear as farmers and other herders of cattle and sheep began to arrive, bringing competition and barbed-wire fences, constricting the cattle herds. Cattle became a popular commodity; corporations began to expand around the industry. Unfortunately, they produced more cattle than the East could take and their facilities became overstocked, causing a massive quantity of cattle death, and the decline of the industry. Prior to the rejuvenated expansion, Hispanics populated the Southwest region of the United States. New Mexicos Hispanics maintained a Pueblo society based on a hierarchy of aristocracy, peasants, and Indian laborers. Soon the Anglo-Americans began to move in, bringing with them ranching, farming, and mining, and subordinating Mexican immigrants. Californian Hispanics lived in missions replaced in the 1830s by an aristocracy, also forcing Indians into labor. Both in California and in Texas the surge of Anglo-Americans caused the Hispanics to become a minority and be persecuted, lose land, and change to industrial work. The Chinese were also represented a significant portion of Western population, as by 1880, over 200,000 Chinese workers had migrated into the United States, especially into California. At first they were welcomed and prospered, but soon they struggled from discrimination, as a result of being seen as a threats and rivals for jobs. The Chinese found work, building 90% of the Transcontinental Railroad for the Pacific Railroad Company. However successful the labor of the Chinese may have been, anti-Chinese sentiment among American workers rose, leading to the Chinese Exclusion Act in 1882, which banned immigration for 10 years and allowed no naturalized citizenship. The Native American people fared worst of all. As Anglo-Americans ventured into their land, they saw the Natives as an obstacle, and thus worked to remove them from their path. The new settlers completely ignored the sanctity of the treaties created prior, and so the federal government had to created new ones and relocate the natives. Also, the lifestyles of the Native Americans of the Great Plains absolutely relied upon the buffalo herds; when the buffalo numbers withered from the millions to only a few thousand due to overhunting, the Natives lives were changed for the worse. In response to this attack on their lifestyles, there were constant Indian wars from 1850-1880 resisting White expansion. This led to the Dawes Act of 1887 which took away all tribal land rights and gave the land away to individual heads of families. The goal of this act was to assimilate the Indians into white society and culture, eradicating them of their heritage and own traditions. The sources used for this research did not significantly differ amongst each other in the information they provided. They generally wrote about the same themes and focused on the main ideas of this chapter in history and in our textbook. This is because the information given by sources describing this time period consisted of events which carried minimal sources of inconsistency, as they were well documented. Westward expansion had a great impact upon the United States and its history. The land of the Great Plains changed shape as agriculture became a staple market and industry. California and the Southwest became the home of a multitude of cultures and diverse ethnicity, the effect of which can be seen today. This also applies to the current state of Indian affairs, as the effect of American expansion into their land wreaked havoc upon them. Now, the Americanized west is no longer a separate entity, but part of the whole of the United States, in government, people, and history.

Collegiate Sports Essay -- NCAA

Weston (2006) provided a more focused approach in describing the value of foreign signings in collegiate competition. However, instead of focusing on the financial gains associated with sustained success in division 1 competition, Weston discussed the benefits of international recruitment to collegiate sports as a whole to promote globalization and integration in collegiate sports. The term international student-athletes was used by Weston in referring to any foreign born student recruited by a university to play a specific sport in exchange for a college scholarship. In order to gauge the benefits of international recruitment, Weston asserts that a review of pertinent factors must be made. Factors stated by by Weston in her study includes the current standards of the NCAA, the effects of these signings to the educational opportunities and playing environment for local student-athletes and the American perception of internationalization of college sports (Weston, 2006). The primary benefit of international recruitment is the improvement of an already celebrated phenomenon in the United States. Globalization in collegiate sports through migration and movement of foreign athletes is generally beneficial for all institutions (Weston, 2006). The presence of these international athletes provide diversity that enriches the whole educational and sporting experience in inter-collegiate sports, fostering a sense of brotherhood, international relations, and cultural integration that Weston believes would improve the political and social awareness of students that are not only limited in the realm of sports competition. The increased number of available talent increases the quality of competition, resulting into the improvement of the sp... ...es present for local students to have success in their respective sports. Abbey-Pinegar asserted that the enforcement of discernible rules and regulations would help improve and standardized the system of international recruitment, allowing more schools to experience its benefits rather then only a few. Abbey-Pinegar concluded that international signings of foreign student-athletes would continue for the desire of many schools is to create a winning team for the success of their sports programs. Creating policies and standards that enforce regulation and standardization of international recruitment can help create a level playing field for schools in the different NCAA divisions. Furthermore, the creation of such regulations can help alter the focus of many towards the benefits that international recruitment brings to the students rather than the institution.

SORRY, it’s my entire fault. :: English Literature Essays

SORRY, it’s my entire fault. I wish I had not done it. If I had been more sensible, the accident would not have happened; but it’s no use saying that now. One day at school last term, we didn’t have very much to do. The teachers had all gone to a staff meeting, and most of us in Form 4A were chatting, joking and reading magazines. Vincent, who had to prepare for an overseas examination, was the only one who was working. He had a large Physics book in front of him and was making careful notes in an exercise book. He looked so serious that I suddenly had a marvelous idea for a joke. I crept up behind him and quickly snatched his glasses from his face. The others in the class roared with laughter, as I took him completely by surprise. Even the girls over on the other side of the room giggled. One girl told me to give the glasses back., but I knew she was not serious. Everybody was enjoying the joke except for Vincent. â€Å" Please,† he begged, â€Å"give me my glasses.† He stood up and moved towards me. I turned round and threw them to Raymond, who was behind me. Unfortunately Raymond wasn’t expecting this and he missed them. The glasses fell on the cement floor and both lenses were shattered. One or two people laughed, but then the room fell silent. They had been expensive glasses with metal frames, and the lenses were tinted. Vincent had to wear them in the sun as well as indoors. â€Å" Vincent, I’m sorry,† I apologized lamely. â€Å" I meant it as a joke†¦Ã¢â‚¬  Vincent didn’t reply. I’ll help you buy a new pair,† I promised. But he wasn’t listening to me. If he had been angry, it would have been better; but by ignoring me, he made me feel very small. I didn’t know what to do. A lot of us in Form Four came to school by bicycle or motorbike. Vincent had a motorbike, given to him by his father. I was rather jealous, because I came on an old bicycle, the same one that I had been using since I was in Form Two. After school I saw Vincent go to the stand by the gates, pull out his motorbike, get on it and ride off alone. I felt extremely sorry about what I had done, but I thought that if I could find enough money for a new pair of glasses we might be friends again.

The Physics of Space Shuttle Re-Entry :: physics science space

When in orbit the shuttle is positioned so that it is moving nose-first and the top of the shuttle is pointing towards the earth. The shuttle is positioned "bottom up" so that the black bottom will radiate the heat from the sun more effeciently. Step one for the shuttle is to turn around so that it is moving stern-first and then it fires it's engines in order to slow the shuttle so that it will drop out of orbit. Next the shuttle flips over so that it is right-side-up when it enters the atmosphere. Between step three and four the shuttle burns any excess fuel that it may still have so that there is less of a danger of explosion when the fuel tanks get hot durring re-entry. Step four is where the shuttle maintains an angle of about 40 degrees from the vertical and maintains an approach so that the shuttle slows down. After slowing to a speed where the shuttle can maneuver it will "fly" (remember, the shuttle has no more fuel so it has only one chance to land) in some final S shaped cu rves to slow some more and then land at a designated airport (as shown below). How Does the Shuttle Turn or Maneuver in Space? The basic means of movement for the space shuttle can be explained in Isaac Newton's laws F=Ma and for every action, there is an equal and oposite reaction. The force, on the space shuttle, is equal to the mass of the shuttle multiplied by its acceleration. By burning fuel in a rocket engine on the back of the shuttle, a force on the shuttle equal to the mass of fuel being "thrown" out the stern of the craft multiplied by its acceleration. This basic physics formula is very important to the shuttle getting up into space and to the beginning of its deceleration on its return to earth. Thus it has a very real impact on weather the shuttle will survive the trip through the earth's atmosphere back to land. When the shuttle first enters the earth's atmosphere it is traveling at speeds topping 30,000 km/h. The shuttle has to decelerate to 0 km/h after it lands. The acceleration that it must endure to slow the shuttle is an incredibly large force on the structure of the craft. When the shuttle is entering the atmosphere it must enter at an angle window of only a few degrees.

Assess the postmodernist views of the mass media Essay

PM argue mass media are central to the PM theory, as the decline of traditional communities, time-space compression and flexible production – all derived through the media. PM argue the global society is media-saturated, making it harder to distinguish between reality and hyper-reality, and making culture fragmented and unstable. PM challenge viewing audience as passive and easily manipulated, as they use media images to construct individual identities. The major criticism of PM is that their argument is based on abstract concepts and a lack of empirical evidence. Marxists criticise PM for ignoring inequalities in media access, and that the media messages can mislead the audiences, as the main effort behind them is maintaining profit for capitalists. PM argue the society today is media-saturated. BAUDRILLARD argues the media messages dominate and distort the perception of the world. People live media-led virtual lives, spending time on social networks (eg. Twitter) or playing such video games as Second Life. Media-saturated society had created increasing uncertainty in the world by making it hard to discern reality from fantasy. BAUDRILLARD notes people are bombarded with the mass media daily. As a result, the media define our sense of reality and self-perception. To support, BAUMANN suggests people live in a liquid modernity, where we base our identity around consumption, and pick n mix identities. BAUDRILLARD agrees that identity is driven my media-created pressure to consume. However, Marxists argue capitalism is behind media-created pressure to consume, and the growth of consumerism represents the success of capitalism rather than diverse media messages. Nonetheless, BAUDRILLARD still argues that identity is formed by media images, rather than class and imposed values. PM argue the media actively create reality. BAUDRILLARD argues media images have replaced reality to such an extent that we live in hyper-reality, i. e. reality structured by electronic communication. In turn, the media present simulacra (artificial copies of real events), which is hard to differentiate from reality. There is no longer separate reality for things like TV programmes, highlighted by media stories about fictional characters. TUCKLE notes that the lives of TV characters have become more real to the audience than actual communities. For example, people felt so strongly about TV show Cheers that they created Cheers bars in America, similarly to creating Central Perk coffee shops after popularity of Friends. Moreover, the media can create realities of such major events as wars. BAUDRILLARD argues that the First Gulf War was a simulation created by the media, noting that ‘the war only happened on TV’. While not denying the existence of conflict, he criticised its portrayal in western societies. However, the impact of hyper-reality and simulacra is uneven between social groups. They are only significant to those who can access them. PM are criticised for ignoring that media images can increase perception of inequality. More importantly, PM ignore concerns over concentration of media ownership and ideological function hyper-reality may perform. Marxists suggest the RC may create the hyper-reality to reinforce their ideology, whereas Feminists suggest some aspects of hyper-reality, particularly games like GTA, reinforce patriarchy and misogyny. PM highlight the increasing importance of popular culture promoted by the media. STRINATI notes the mass media have caused a breakdown of distinction between high and popular culture, making popular culture dominate the way people define themselves. Popular culture has more influence on our lifestyles than social structures, as opposed to Marxist view that the media owners influence the media output thus influence our identities. However, PM are criticised for not being able to empirically prove the link between popular culture and creation of identities. PM conducted small scale ethnographic research, as they reject possibility of discovering objective truth about social world. However, it severely undermines their argument. In support of PM, however, neo-functionalist PUTNAM found empirical evidence to highlight the breakdown of the real world social interaction and declining social capital due to the influence of the media, and especially new media. In conclusion, PM view of the media is influential in drawing attention to the impact of the media on creation of identities and how consumption influence people’s ability to create their identities themselves. However, the major limitation of PM theory is reluctance to recognise the significance of the market forces and concentration of media ownership in understanding the media impact on the society. Moreover, PM do not acknowledge the media’s role of promoting and exacerbating inequalities among audiences.

My Essay About Ur Mom Essay

Instructions: This assignment consists of TWO (2) sections, Operating Systems (OS) and Computer Systems Architecture (CSA). There are two questions in each section; you are required to select ONE (1) question from each section. The total word count of the report should range from 2500 to 3000 words. No marks will be awarded for the entire assignment if any part is copied directly from printed materials or from another student. All submissions should be made on or before the due date. Any late submissions after the deadline will not be entertained. Zero (0) mark will be awarded for late submission, unless extenuating circumstances are upheld. Section 1: Operating Systems Question 1 Research, investigate and document areas relating to process control management of any Operating System of your choice. Areas to be discussed in your research documentation to include among other areas, types of scheduling mechanisms employed, creation and handling of processes or threads and internal systems structure, problems faced using these techniques of process control management and solutions used to overcome them. (Pre-emptive and non-pre-emptive, scheduling, algorithm – explain which is best and worst) OR Question 2 Research, investigate and document areas relating to memory management of any Operating System of your choice. Areas to be discussed in your research documentation to include among other areas, how memory is managed including mechanisms and strategies used, problems faced by these techniques and solutions to overcome them. (Virtual memory, single partition, overlay and Variable memory such first feed, best feed and worst feed) Section 2: Computer Systems Architecture Question 1 Research, investigate and document the various microprocessors found on desktop machines, servers and laptops. Areas to be discussed in your research documentation to include among other areas are; major trends affecting microprocessor performance and design in recent years and differences between microprocessors design goals for laptops, servers, desktops and embedded systems. OR Question 2 Research, investigate and document the usage of registers in a modern computer. Areas to be discussed in your research documentation to include among other areas are reasons for registers, types of registers, register size and organisation of the different types of registers. Guidelines for the Report: Document the results of your work in a professional and systematic manner, in the form of a computerized report. ONE (1) softcopy and hardcopy of your documentation is to be submitted. Your completed documentation should meet the following requirements: 1. Cover 2. Marking Grid 3. Abstract 4. Table of contents for every detailed chapter/section. 5. Introduction 6. Chapters / sections 7. Limitations / Extensions 8. Conclusion 9. References 10. Appendices (Data charts, extra screen captures etc.) o Frequently Ask Question (FAQ) o Gantt Chart Assessment Criteria (Marking Grid): |Research and Investigation |20% | |Referencing |10% | |Analysis |30% | |Reflection |30% | |Documentation |10% | Marking Criteria: Distinction Demonstrated comprehensive research with detailed evidence. High level of analysis performed, exceptional and thorough knowledge and understanding displayed with regard to facilities and services of the Operating System. Documentation presented in a professional manner, without any spelling or grammar mistakes. Displayed evidence of critical appraisal. Credit Adequate research conducted with fair detail of evidence presented. Moderate level of understanding, analysis and knowledge displayed. Good level of documentation presented. Some level of reflection was evident in the documentation. Moderate level of critical appraisal. Pass Low level research conducted. Some evidence of research displayed. Basic level of understanding and knowledge analysis displayed. Satisfactory level of documentation. Satisfactory or low level of reflection displayed. No level of critical appraisal demonstrated.

Criminal Law Outline

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