Monday, May 25, 2020

Coffee and Cigarettes Second-Hand Smoke and Smoke Free...

Field, P. (1922, October 10). Coffee and Cigarettes: Second-Hand Smoke and Smoke-Free Laws. National Center for Case Study Teaching in Science. Retrieved October 10, 1927, from www.sciencecases.org/secondhand_smoke/secondhand_smoke.pdf Coffee and Cigarettes: Second-Hand Smoke and Smoke Free Law Summary and Questions Joshua Davenport owned a coffee bar/bistro in the small town of Lackawaxen, Pennsylvania situated on the Delaware River. He wanted to bring the old world elegance to his rural community, a place where neighbors could meet and converse over espresso drinks prepared by an expert barista. The shops name is called â€Å"Espressivo† that attracted many young people, especially the college students at the nearby campus, and older†¦show more content†¦More than 60 are known to or suspected to cause cancer. It doesn’t only cause cancer but other disease such as heart disease, coughing, mucus, chest discomfort, and reduced lung function, asthma attacks, and low birth-weight babies. 2. Medically secondhand smoke causes a lot of medical issues such as cancer, heart disease, coughing, mucus, chest discomfort, reduced lung function, asthma attacks, and low-birth-weights. Ethically there is a violation of people’sShow MoreRelatedEssay on Americas War on Drugs5842 Words   |  24 Pagesstudy in March 1998 stating: â€Å"there are good reasons for saying that [the risks from cannabis] would be unlikely to seriously [compare to] the public health risks of alcohol and tobacco even if as many people used cannabis as now drink alcohol or smoke tobacco.† Marijuana was seen as a gateway to other drugs, giving birth to the Gateway Theory. Unfortunately, the Gateway Theory is flawed in many ways. In 1937 Harry Anslinger, then head of the Federal Bureau of Narcotics testified before CongressRead MoreAsk the Dust by John Fante13686 Words   |  55 PagesBookRags, Inc. ALL RIGHTS RESERVED. The following sections of this BookRags Literature Study Guide is offprint from Gales For Students Series: Presenting Analysis, Context, and Criticism on Commonly Studied Works: Introduction, Author Biography, Plot Summary, Characters, Themes, Style, Historical Context, Critical Overview, Criticism and Critical Essays, Media Adaptations, Topics for Further Study, Compare Contrast, What Do I Read Next?, For Further Study, and Sources. (c)1998-2002; (c)2002 by GaleRead MoreSubstance Abuse15082 Words   |  61 Pagesunhappy family life, poor work habits and absenteeism from work. Surveys have shown that deaths from bronchitis and emphysema are twenty times more common among middle-aged men who smoke heavily, than among non-smokers. * Coronary heart disease is three times more likely among smokers than non-smokers. * Heavy cigarette smokers are thirty times more likely to die from lung cancer than non-smokers. Only ten per cent of all deaths from lung cancer occur in non-smokers. * All types of smoking are responsibleRead MoreDrug Dependency And Drug Related Crime6861 Words   |  28 PagesExecutive Summary Efforts to decrease drug dependency and drug-related crime in the United States have had the opposite effect, introducing increasing levels of crime and drug use within its population. The war on drugs has been lost as more drugs continue to be smuggled across the borders, increasing number of people are using drugs illegally, and violence in the streets continues to climb. A number of arguments have been made in favor of legalizing some less harmful drugs, such as marijuana, asRead MoreFor Against by L.G. Alexander31987 Words   |  128 Pages Stage 1) WORTH A FORTUNE [Longman Structural Readers, Stage 2) APRIL FOOLS DAY [Longman Structural Readers, Stage 2) PROFESSOR BOFFIN S UMBRELLA (Longman Structural Readers, Stage 2) OPERATION MASfERMIND (Longman Structural Readers, Stage 3) QUESTION AND ANSWER: Graded Aural/Oral Exercises READING AND WRITING ENGLISH-A First Year Programme for Children LOOK, LISTEN AND LEARNl Sets 1-4 An Integrated Course for Children New Concept English U niform with this Volume: FIRST THINGS FIRST: An IntegratedRead MoreCase Studies67624 Words   |  271 Pagesdivide our discussion of a moderately structured case analysis method framework into four sections. First, we describe the importance of understanding the skills active learners can acquire through effective use of the case analysis method. In the second section, we provide you with a process-oriented framework. This framework can be of value in your efforts to analyse cases and then present the results of your work. Using this framework in a classroom setting yields valuable experiences that canRead MoreCeramics: Pottery and Clay17443 Words   |  70 Pagestechnical ceramics d. TYPES OF CERAMIC MATERIALS †¢Crystalline ceramics †¢Other applications of ceramics e. OTHER RELATED TOPICS †¢BINDAPUR POTTERS AS DOCUMENTED IN 1980 †¢ABUNDANT BEAUTY †¢ANDALUCIA’S NEW GOLDEN POTTERY †¢HE ONGGI POTTERS OF KOREA SUMMARY RECOMMENDATION BIBLIOGRAPHY INTRODUCTION As our generation change into a modern period, until now we still recognize the nature of CERAMICS as the one of the greatest art work in every nations. Today, the term is commonly used to describe a materialRead MoreBest article11361 Words   |  46 Pagesspawned a number of imitators, including new airlines like Kiwi and Reno Air as well as major airlines like United and Continental. Concerned with this new competition, the market had driven down Southwest’s stock price and analysts were raising questions about how sustainable Southwest’s advantage really was. yo rP Rhoades, a former marketing executive with an MBA from the University of New Mexico and a background in banking, had joined Southwest in 1989 to help transform the People Department Read MoreSecurity Forces51988 Words   |  208 Pagesendangered. In multinational operations, use of force may be influenced by coalition or allied force ROEs. Commanders at all levels must take proactive steps to ensure an understanding of ROEs and influence changes as appropriate. Since the domestic law of some nations may be more restrictive concerning the use of force than permitted under coalition or allied force ROEs, commanders must be aware of national restrictions imposed on force participants. 6 AIR BASE DEFENSE SFAC /TECH. TRNG. SGRead MoreLogical Reasoning189930 Words   |  760 PagesSacramento, CA 95819 USA ii iii Preface Copyright  © 2011-14 by Bradley H. Dowden This book Logical Reasoning by Bradley H. Dowden is licensed under a Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported License. That is, you are free to share, copy, distribute, store, and transmit all or any part of the work under the following conditions: (1) Attribution You must attribute the work in the manner specified by the author, namely by citing his name, the book title, and the relevant

Friday, May 15, 2020

Water Pollution Is The Second Most Important Pollution...

Nearly two million people die from drinking dirty water, and after 15 years the whole world might be in a place where clean fresh water won’t be available for everyone. Even fresh water is be being polluted by Huge companies in the U.S. as they have faced many complaints about the dangers that the throw in rivers and streams. In 2013, Williams Energy Company spilled thousands of gallons of gas and oil near Parachute, Colorado. A local guy told the Denver post that this leak isn’t the first one, and that when they happen it’s often kept a secret. Water is a human right for every one, if we start wasting that right it will eventually come back to us, and we will regret wasting that water one day. (Ludwig, M, n.d) Water pollution is the second most important pollution facing us after air pollution today; water pollution not only affects individual living species in the water, but also affects populations and ecosystems the waters. There are many types of water pollution, because of the fact that water comes from many places as Nutrients pollution, Pesticides, Mining, Sewage and many other ways of water to get polluted, lets talk about some of the ways that water gets polluted. First type of water pollution is Nutrients, Nutrients pollution is the process where nutrients, mainly nitrogen and phosphorus, are added to bodies of water and can be like fertilizer, this causes an outburst in the growth of algae. The second main type of pollution is pesticide. Pesticides that are putShow MoreRelatedEnvironmental Problem in Mongolia Essay875 Words   |  4 Pages1. ENVIRONMENT 2.1 What are the important environmental problems in Mongolia today? 2.2 What are the biggest changes in the environment in Mongolia? 2.3 How can we solve some of the environmental problems in UB? 1.1 What are the important environmental problems in Mongolia today? The environment is everything around us. It is the air, water, land, climates and so on. A clean, well balanced environment has far reaching effects over all life forms and mankind. However, MongoliansRead MoreThe Problem Of Environmental Protection Essay1972 Words   |  8 Pagesresonated since and have been an example as to why it is our duty as inhabitants of this planet to provide protection to the ever so fragile environment. But what is Environmental protection exactly? Well it is one of the most important, and expensive problems businesses and society are facing today. Why you may ask? Since the industrial age all the countries around the world have been burning an assortment of fuel to power factories, vehicles, heat homes, and even to cook with and when these fuels are burnedRead MoreImpact of Population Growth on Environment in Phnom Penh4174 Words   |  17 Pagescountry face many regimes and during these regimes were full of wars and lots of people were dead too. So, af ter the national election 1993, the government of The Kingdom of Cambodia considered that Cambodia has gone through many decades of difficult times, war, civil war and loss of most population. Therefore, Cambodia has a method in order to increase its population because people play important role in each countries. The policy of government also makes sure that create more human resource can developRead MoreEnvironmental Issues in Africa and The Role of Corporate Social Responsibility1984 Words   |  8 PagesIntroduction Africa is the worlds second largest and most populated continent after Asia. With 1.0 billion people as of 2009 accounting for about 14.72% of the entire human population. Africa suffers from many environmental problems including deforestation, oil pollution, air pollution, and land and water pollution. This issues is as a result of new technologies leading to an increase in solid mineral mining, oil exploration, an increase in the number of plants and factories, and on the whole increaseRead MoreThe Impact Of Modern Property Development On People1496 Words   |  6 PagesDue to the increasing of population and land shortage in urban area, tall building becomes one of the major phenomenon that the world, especially some major cities are facing (H. Hayati, M.H. Sayadi, 2012). Big construction has negative impact on the environment such as pollution, reduce the people in the area to get fresh air and sunlight but the massive emergence of high buildings is much of a trend during these days due to the need of space and industrial demand. With the vast amount improvementRead MoreThe Environmental Problems in India6662 Words   |  27 Pagesenvironment, infrastructure, and the country’s natural resources. Industrial pollution, soil erosion, deforestation, rapid industrialization,   urbanization, and land degradation are all worsening problems. Overexploitation of the countrys resources be it land or water and the industrialization process has resulted environmental  degradation of   resources.   Environmental pollution is one of the most serious problems facing humanity and other life forms on our planet today.   Ã‚   Indias per capita carbonRead MoreOverpopulation Of Indi India Is The Third Most Populated Country Of The World?1816 Words   |  8 PagesDid you know that India is the second most populated country in the world? India’s population rate went up to 1.2 billion in past few years, which has a negative impact on the quality of life, lived in India. The resources cannot sufficiently support the growing population. For example: as population grows, we put much more demands on our resources to grow food and provide energy, but currently energy production requires fossil fuels which contributes to pollution and global warming. This in turnRead MoreEnvironmental Justice And Its Effects On The Environment1583 Words   |  7 Pagesthe environment often takes a back seat. Individuals or companies nowadays prioritize achieving optimal profit without putting into mind what their respective actions or productions may have an effect on the environment. They do not realize how import ant the role of our environment plays in the quality of human life. We can say that a good environment leads to a better quality life, while a bad environment could lead to a harmful and unproductive life. Now, it becomes unfair and unjust when the risksRead MoreWwf Water Stewardship Initiative : The Chemical Industry3393 Words   |  14 PagesWWF Water Stewardship Initiative THE CHEMICAL INDUSTRY 1. Background information on industry †¢ Definition of the chemical industry One word can describe the chemicals industry: diverse. There is no one typical product or one typical business. The chemical and plastics industry is a very broad and diversified sector, central to most economies in the world, producing essential inputs to nearly all other sectors. It comprises the manufacturing of several types of materials and compounds, essentiallyRead MoreClean Air Act12612 Words   |  51 PagesClean Air Act Clean Air Act, 42 U.S.C.  § 7401 et seq.  Ã‚  Ã‚     Ã‚  Ã‚   -- Enforced by US EPA -- By the end of this lecture you should be able to describe: * The race to laxity * What NAAQS means. * The federal government’s role in cooperative federalism * 7 criteria pollutants * A hazardous pollutant under the CAA * Non-attainment area * Emissions trading programs * Noise pollution under the CAA * The four Class I areas designated by the State of Florida

Wednesday, May 6, 2020

Karl Marx Essay example - 1196 Words

Karl Marx Karl Marx is often called the father of communism, but his life entailed so much more. He was a political economist, philosopher, and idea revolutionist. He was a scholar that believed that capitalism was going to undercut itself as he stated in the Communist Manifesto. While he was relatively ambiguous in his lifetime, his works had tremendous influence after his death. Some of the world’s most powerful and most populace countries follow his ideas to this day. Many of history’s most eventful times were persuaded by his thoughts. Karl Marx was one of the most influential persons in the history of the world, and a brief history of his life will show how he was able to attain many of his attitudes. Karl Heinrich Marx was born†¦show more content†¦Engels came to meet Marx at a coffee shop to show Marx what would turn out to be perhaps Engels greatest work, The Condition of the Working Class in England in 1844. Paris at this time was the home and headquar ters to armies of German, British, Polish, and Italian revolutionaries. Also in 1843, Marx married to Jenny von Westphalen after a long secret engagement. In 1845, the King of Prussia had ordered Marx and many others to leave the country after they had put out papers approving of the King’s assassination. Engels and Marx moved to Belgium. Marx devoted himself to an intensive study of history and elaborated on his idea of historical materialism. He traced the history of the various modes of production and predicted the collapse of the present one—industrial capitalism—and its replacement by communism. Next, Marx wrote The Poverty of Philosophy in1847, a response to Pierre-Joseph Proudhons The Philosophy of Poverty and a critique of French socialist thought. These works laid the foundation for Marx and Engels most famous work, The Communist Manifesto. Later that year, Europe experienced tremendous revolutionary upheaval. Marx was arrested and expelled from Belgium ; in the meantime a radical movement had seized power from King Louis Philippe in France, and invited Marx to return to Paris, where he witnessed the revolutions in France firsthand. He moved back to London after being put on trial twice for armedShow MoreRelatedKarl Marx Essay922 Words   |  4 PagesKarl MarxKarl Marx was an influencell economist during the 1800s. Marx has his own economic theory, called Marxism. Marx, a radical Communist ideas and philosophies played important roles int the forming of Communist nations during the twentieth century. Marx’s ideas would and have influenced the course of history. Even today, well past his death his philosophies and ideas are still talked about. Marx’s ideas are captured in his book the Communist manifesto. Communism is â€Å"a theory or system ofRead MoreKarl Marx And Karl Polanyi1668 Words   |  7 PagesAdam Smith, Karl Marx and Karl Polanyi are writer of capitalism, that have influenced capitalism in different ways to making capitalism what it is today. Adam Smith known as the father of the political economy, developed the concept of the invisible hand; which explains how self-interest and competition in a free market economy, would allow economy prosperity. Another concept Smit developed is division of labour which say that jobs a business should be specialised, instead of one person having toRead MoreTheories of Karl Marx1427 Words   |  6 PagesINTRODUCTION Karl Marx, also a philosopher was popularly known for his theories that best explained society, its social structure, as well as the social relationships. Karl Marx placed so much emphasis on the economic structure and how it influenced the rest of the social structure from a materialistic point of view. Human societies progress through a dialectic of class struggle, this means that the three aspects that make up the dialectic come into play, which are the thesis, antithesis and theRead MoreEssay on Karl Marx827 Words   |  4 Pages The Life of Karl Marx Karl Marx was one of the greatest thinkers ever. Studying law and philosophy, he became an important social philosopher and revolutionary. He influenced the lives of millions of people in generations well past his. A man of mystery in the democratic societies, Karl Marx led an interesting life of new ideas that would influence millions in the future. Karl Marx was born on May 5th, 1818 (Karl Marx). He was the eldest son of Heinrich and Hennrietta Marx. He was bornRead More Karl Marx Essay1509 Words   |  7 PagesKARL MARX: A CRITICAL PROFILE 1. Contribution Like Charles Darwin (1809-82), his contemporary, Karl Marx (1818-83) has had a profound impact on modern thought. This German philosopher, social scientist, and professional revolutionary formulated a theory of social change that influenced most modern forms of socialism and communism. Marx pioneered conflict theory. Motivated by a belief in human emancipation, he tried to discover a way to free people from the social, political, and economic constraintsRead MoreEssay on karl marx2434 Words   |  10 PagesKarl Marx is one of the most reputed philosophers of the 19th Century. Born in 1818 in a middle class family, Marx studied law in Bonn and Berlin and later plunged deeper into the ideas of Hegel and Feurbach (Wheen, 2007). It is after receiving his doctorate in philosophy in 1841 from the University of Jena that he moved with his family to Paris where he became a radical revolutionary communist and teamed up with Friedrich Engels, another radical philosopher of his time. They coll ectively authoredRead More Karl Marx Essay1742 Words   |  7 Pagesher particular contribution. There are many of sociologys founding figures that have extremely well-built ideas, practices and studies that I could explore, but one renowned philosopher stands out amongst the crowd, and that person is named Karl Marx (1818-1883). In this essay I aim to explore and critically assess his ideas, theories, and studies in his contribution to sociology, and if his ideas, theories and studies are useful to this contribution to sociology. Sociology began in theRead MoreKarl Marx and Marx Weber Essay1141 Words   |  5 PagesKarl Marx and Marx Weber The latter part of the nineteenth century was teeming with evolved social and economical ideas. These views of the social structure of industrial society came about through the development of ideals taken from past revolutions such as the Industrial Revolution which steamed ahead paving the way for growing commerce, and widened the gap between the classes. The developmentRead More The Life of Karl Marx1160 Words   |  5 PagesThe Life of Karl Marx Karl Marx was the co-author of The Communist Manifesto, along with Friedrich Engels. The Communist Manifesto is a pamphlet that was written to let the public know how the working class was being treated, and to try to get rid of the class system that existed at the time. Marx believed that many of the workers throughout England were not being treated fairly and that something needed to be done about it. Marx explains, â€Å"The history of all hitherto existing society is theRead MoreThe Contribution Of Karl Marx Essay1337 Words   |  6 Pagescontribution of Karl Marx to the study of sociology, throughout this essay I will be discussing what Marxism is, how Marxism has affected today’s society as well as academics that did not agree with Marx’s theories. Marxism is the social and economic system based on the theories of Karl Marx and Freidrich Engels. Karl Marx was born in Trier, Germany in 1818, Marx studied law and Berlin University but later changed to philosophy until finally perusing his interest in journalism. When Marx finished his

Tuesday, May 5, 2020

Adult Education and Training for Personal Growth - MyAssignmenthelp

Question: Discuss about thrAdult Education and Training for Personal Growth. Answer: Introduction Adult learners engage in different forms of training to enhance their experience in any specific work and effectively incorporate them in practice. This form of adult learning sessions fulfils the five principle of adult learning. This includes providing personal benefit to learners by means of professional or personal growth, enhancing prior knowledge and experiences by validating them, making learners taken charged their decision making, applying the learning to actual practice and using multiple means to anchor new skills based on learning styles (Knowles Holton, Swanson, 2014). The evaluation of three learning sessions by means of specific tools gives an idea about how the sessions give expected outcomes and facilitate prior experience of participants. First Adult Learning Session As organization performance is also an important part of workplace, evaluating just individual competence does not help. The competency of an individual in collaborative work practice is also essential to move towards a common goal and maximize productivity. Team work is a part of workplace success (Lee Bonk, 2014).. Therefore, the aim and objective of this learning session is to teach employees about engaging in collaborative work practice. The participants who were newly placed in jobs were found to lack collaboration skills and they engaged in individual work without communication with colleagues. Therefore, the participants were told that this learning session aimed to teach them relationship building skills so that they can work with others to develop a project or plan. The debriefing session with participants by reflection about team work helped to teach them the following: Ways to give and receive information in workplace. Methods of suggesting ideas and plans to team Developing sense of responsibility and respecting efforts and opinion of others. Teaching participants about the skills to engage in group decision making (Sherwood, 2014). As it was necessary that the participants fulfil the objective of teamwork in their organization after the session, the evaluation of learning was done by means of constructive feedback through team quiz and reflective questionnaire tools. The reflective questionnaire tool helped to evaluate what the learners found best in the session and lows and highs of the lessons. On the other hand, the feedback from team regarding score for team work after the learning session helped to determine the impact of the session on achieving the session objectives. The evaluation with the tools showed that overall the session has a positive impact on the participants as they identified individual strengths for team work (Gould Taylor, 2017).. However, reflection also helped to identify areas of improvement which would be dealt with in future session. Second Adult Learning Session In this learning session, participants working in corporate jobs assembled together to learn conflict management skills. The aim of this adult learning session was to develop confidence of participants in managing conflicts and promoting efficiency in business. Having this skill is important in corporate world because conflicts and disagreement leads to negative outcome only. Taking precautions at the right time is important to avoid conflicts (Bomers Peterson, 2013). This adult learning session was done by means of role plays in which participants could recognize situations of conflict. This facilitates providing a risk free environment to participants where they can test their assumptions and learn from the experience of others. In this case, the role play was related to the conflict caused by a unruly customer. The learning was facilitated and evaluated by means of group discussion and mind based tools. The first step of exposing the participants to conflict situation and seeking immediate response to situation helps to get an idea about the perspective of individual participants in managing conflict. They were asked about their response to the situation and participants were taught about ideal ways of managing conflict during group discussion. Secondly, the mind based tool was a brain storming approach in which participants were asked about different aspects of conflict management. They could respond to the questions of a chartsheet and the response to the questioned helped to evaluate the acquisition of learning in adults (Kolb, 2014).The outcome was that participants were confident about handling complex situations and they aimed to test the lesions in real practice soon. Third Adult Learning Session Change is an inevitable part of workplace. A leaders role is influential in following the appropriate process to prepare the organization for change and align the environment according to new change implemented. However, change management is a complex skill very rarely found in leaders. Therefore, the purpose of this adult learning session was to teach managerial skills of change management to students who aspired to become corporate leaders in the long run. The key elements of the teaching session was to teach participants about ways to anticipate change, adapt to it and evaluates its impact on workforce and organization. Small group sessions informed participants about the need for change due to technological advancements, demand for quality assurance and commercialization of interest (Hayes, 2014).The evaluation of the participants was done by self-assessment tool. This too consisted of 16 questionnaires on reacting to change process. All the participants had to give the answer by options of not at all, rarely, sometimes, often and very often. The addition of scores related to the response helped to evaluate whether participants had good understanding about making change successful or they are not aware about how to put elements of change management together to achieve positive results. Most participants score represented the latter options which meant they needed further lessons on the topic (Jackson, 2015). Secondly, integration of the learning process was assessed by training observation instrument to see if learning objective was achieved or not (Grossman et al., 2014). Conclusion The report presented the importance of adult learning session in improving the prior knowledge and experience of people in personal and professional life. The evaluation of the adult learn sessions in three scenarios to develop competency of people helped to evaluate how teachers can employ strategies to disseminate aim and objectives of lesson to participants. Finally, the evaluating by means of tools helped in identifying whether the session were successful in fulfilling the objectives or not. On that basis, improvement areas and future lesions were determined. Reference Bomers, G. B., Peterson, R. B. (2013).Conflict management and industrial relations. Springer Science Business Media. Gould, N., Taylor, I. (2017).Reflective learning for social work: research, theory and practice. Routledge. Grossman, P., Cohen, J., Ronfeldt, M., Brown, L. (2014). The Test Matters The Relationship Between Classroom Observation Scores and Teacher Value Added on Multiple Types of Assessment.Educational Researcher, 0013189X14544542. Hayes, J. (2014).The theory and practice of change management. Palgrave Macmillan. Jackson, D. (2015). Employability skill development in work-integrated learning: Barriers and best practice.Studies in Higher Education,40(2), 350-367. Knowles, M. S., Holton III, E. F., Swanson, R. A. (2014).The adult learner: The definitive classic in adult education and human resource development. Routledge. Kolb, D. A. (2014).Experiential learning: Experience as the source of learning and development. FT press. Lee, H., Bonk, C. J. (2014). Collaborative Learning in the Workplace: Practical Issues and Concerns.iJAC,7(2), 10-17. Sherwood, G. D. (2014). Reflective Leadership: Integrating Quality and Safety Competencies to Fulfill Joy and Meaning in Work.

Saturday, April 11, 2020

Elements of a Crime Essay Example

Elements of a Crime Essay Elements of a Crime (Actus Reus Mens Rea) Model Lesson Plan Source: Original lesson plan. Handout #2 from David Crump, Criminal Law: Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals: by the end of this class students should have a strong foundation for reading criminal statutes and differentiating similar crimes. II. Objectives a. Knowledge objectives: as a result of this class students will be better able to: i. define â€Å"Actus Reus† and â€Å"Mens Rea† ii. understand the different gradations of Mens Rea iii. nderstand the differences between Washington’s homicide statutes b. Skills objectives: as a result of this class students will be better able to: i. read a statute carefully and apply it to fact patterns ii. present and defend their interpretations of the law c. Attitude objectives: i. Students should understand that the severity of criminal punishments can vary greatly depending on the defendant’s mental state in a manner that is largely consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. ii. Students should carefully consider the potentially harsh results that occur when legislatures replace mens rea with strict liability. III. Methods (1)Distribute Handout #1 (Hypos) (2)Read the introductory hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the conclusion that Frank did â€Å"cause† Bill’s death in the sense that if he hadn’t moved the mirror in the particular way he did at that exact time, the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of â€Å"but for† or â€Å"actual causation† as used in Handout #2. We will write a custom essay sample on Elements of a Crime specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer However, the law typically only imposes liability where the defendant’s conduct is the â€Å"proximate cause† of the harmful event/ crime. b. However, it seems like Frank didn’t do anything â€Å"wrong. † Try to elicit why this result seems wrong and write the class’s ideas on the whiteboard. (3)Distribute Handout #2 (Elements) (4)Handout #2 Walk through the Elements handout. Be careful to explain that not all of the elements are always present in a criminal statute. For example, attempted murder doesn’t have a harm element and parking violations don’t have a mens rea element, e. g. ne can receive a parking citation for parking in a handicapped spot even if it was unintentional or an accident. Furthermore, the elements aren’t perfectly discrete and there is some overlap. (5)Distribute Handout #3 (Statutes) a. Explain that the groups will be analyzing the hypos with respect to the statutes provided in Handout #3. The Grades of Ho micide are meant to demonstrate the changes mens rea. b. Walk through the statutes and give a thumbnail sketch of i. First degree murder: 1. Premeditated killing. An intentional killing that was deliberate and contemplated prior to the killing. . Extreme Indifference. Covers the possibility that someone knows that what they are going to do will result in the death of another person, but at the same time doesn’t â€Å"intend† to kill. See the bomb hypo in handout # 1. ii. Second degree murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable risk to human life. Recklessness is similar to extreme indifference, but the risk that human life will be lost is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. Statutory rape 1. No mens rea. Strict liabi lity with a limited affirmative defense where minor misrepresents age. In an effort to protect minor children, state legislatures have placed an increased burden to ascertain age on the older party. (6)Break into groups of 3-5 to apply statutes to Hypos 1-5. Have groups designate a reporter and a recorder. The recorder should write each of the group members’ names on the top of handout #1 and also record the group’s answers on the space provided. The Reporter is responsible for explaining the group’s reasoning and conclusion when the class reconvenes. (7)Reconvene Class: call on each group to present their analysis of one hypo. Ask questions to push them in the right direction if you think they missed something or ask questions forcing them to defend their answers if you think they got it right. Note to teacher: suggested answers to the hypotheticals are on a separate sheet at the end of this lesson plan. (8)Take-away: mens rea standards vary widely from premeditated intent to strict liability. You need to read statutes carefully to determine the correct standard. IV. Evaluation a. Group performance on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the following question: Should Melvin be punished for his relationship with Laura? If not, please explain why. How do you think Washington’s statutory rape statute should be changed? If you think that Melvin should be punished, please explain why. Handout #1: Hypothetical Scenarios Introductory Hypo: Frank is helping his friend move into a downtown Seattle condo. While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury. Suppose that Washington law provides: Anyone who causes the death of another person shall be guilty of murder. Would Frank be guilty of murder under this law? Should he be? Group Exercise Hypos Instructions: Nominate someone in your group to be the recorder and another person to be the class reporter. Read each hypothetical and determine which statute, if any, applies to the facts of the hypothetical and whether the defendant has violated the statute. Hypo #1: Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must shoot and kill Steven. Sarah pleads with Roger to let her go and that she does not want to kill Steven. Roger tells Sarah that unless she successfully shoots and kills Steven, he will kill Sarah and her entire family. Roger has a violent reputation and Sarah has no reason to believe that Roger will not follow through with his threat. Roger identifies Steven walking on the other side of the street and tells Sarah to take the shot. Fearing for the safety of her family and herself, Sarah takes careful aim at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Steven’s heart. What crimes if any has Sarah committed? Explain ____________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________ Hypo #2: Mildred comes home from work early only to discover her husband Robert in the midst of a lewd affair with their neighbor Gladys. In sudden fit of rage, Mildred grabs a flower vase and smashes it over Gladys’ head knocking her unconscious. With a broken shard of ceramic from the vase, Mildred stabs Robert in the neck. Robert dies from sudden blood loss within seconds. After killing Robert, Mildred drags Gladys’ unconscious, but still breathing, body into the garage where she ties Gladys to a folding chair and duct tapes her mouth shut to keep her from screaming. Mildred then returns to the house, prepares a cup of hot tea and takes a long bubble bath contemplating what she should do with Gladys. After finishing her bath, Mildred brainstorms in a note book for several hours about what she might do with Gladys. Ultimately, Mildred decides that Gladys must die for what she has done. Mildred then returns to the garage where she calmly shoots and kills Gladys with a pistol at point blank range. What crimes if any has Mildred committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #3: One day, George decides that he would like to see what would happen if he were to drop several pounds of high explosives from a freeway overpass into busy fast-moving traffic. George purchases several pounds of high explosives over the internet and then goes to a nearby overpass overlooking I-5. He drops the explosives in front of a large semi-truck and mutters to himself, â€Å"I sure hope nobody gets hurt. † When the explosives hit the pavement below they instantly detonate and blow-up the semi-truck killing its two occupants. In addition, five more motorists are killed in the ensuing pile-up. What crimes if any has George committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #4: Jim is driving down the freeway when he spills his bag of Skittles onto the front passenger floor. Not wanting to lose a single sugary morsel, Jim leans down to retrieve the handful of lost Skittles. In so doing, Jim takes his eyes completely off the road for 8 seconds. While reaching for the last Skittle, Jim inadvertently jerks the steering wheel which veers his car into the next lane. Jim’s car strikes another car forcing it into the ditch. Upon entering the ditch, the other car flips into the air and lands on its roof. All three occupants are crushed to death. What crimes if any has Jim committed? Explain. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #5: Melvin is 21 years old. He has been held back several grades and reads at approximately a 6th grade level. Laura is 15 ? years old. She is a very bright student and takes nearly all AP classes. Laura and Melvin live in the same neighborhood. Laura has always felt sorry for Melvin and was friendly to him even when the neighborhood kids teased and taunted him. As their friendship grew, their relationship, at Laura’s suggestion, became sexual. Melvin never asked Laura how old she was nor did Laura ever tell Melvin her age. When Laura’s father discovered the relationship, he turned Melvin into the police. What crimes if any has Melvin committed? Does he have any defenses? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Handout #2: Elements of a Crime 1. Actus Reus. Actus reus is often characterized as the physical part of a crime. In most cases, it describes what the offender must do. A murder statue will require the offender to â€Å"kill,† an arson law will punish people who â€Å"set fire to† a structure, and theft may require someone to â€Å"take† something a. Voluntary Act: The defendant’s act must be voluntary. b. Circumstances: Many Crimes occur only in a specifically described situation. For example, bribery of a juror requires that the person bribed have been a juror (not another official). c. Harm or result: Many criminal laws require a specific harm to have occurred before the statute applies. In murder, there must be a person killed, and in arson, there must be a burned structure. d. Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result. i. â€Å"But for,† â€Å"Cause in Fact,† or â€Å"Actual† causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action. ii. Proximate causation is narrower than â€Å"but for† causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions. 2. Mens Rea. Mens Rea is often characterized as the mental requirement in a criminal law. Modern statutes often use four categories of mens rea: intentionally (or purposefully or willfully), knowingly, recklessly, and with criminal negligence. Handout #3: Statutes First Degree Murder: RCW 9A. 32. 030 (1)A person is guilty of murder in the first degree when: (a)With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or (b)Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or c) [Felony Murder—not covered in this exercise] Second Degree Murder: RCW 9A. 32. 050 (1)A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or (b) [Felony Murder—not covered in this exercise] First Degree Manslaughter: RCW 9A. 32. 060 (1)A person is guilty of manslaughter in the first degree when: (a) He recklessly causes the death of another person; or (b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child. Second Degree Manslaughter: (1)A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. Rape of a Child in the third Degree (Statutory Rape): RCW 9A. 44. 079 (1)A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Defenses: RCW 9A. 44. 030 2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victims age, it is no defense that the perpetrator did not know the victims age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim [i. . over the age of 16 or less than 48 months apart in age] ? FOR THE TEACHER: Answer Key to Hypothetical Questions Introductory Hypo: The point of the introductory hypo is to realize that there are two types of causation. â€Å"Simple† causation or â€Å"cause in fact† might describe how a physicist would define causation. Under this type of causation, event A is a cause of the later event B, if B would not have occurred â€Å"but for† the occurrence of event A. Therefore, in the example, the event of Frank moving the mirror is a cause in fact of Bill’s death in this sense because if Frank hadn’t moved the mirror in the way he did, the sequence of events that led to Bill’s slip would not have occurred and Bill would not have died. However, in a legal context, â€Å"cause in fact† is a necessary but not sufficient element. To be legally liable for a particular action, one’s conduct must be the proximate cause of the liability generating event. Proximate cause is a subsection of â€Å"cause in fact† and is limited to events that are foreseeable. Therefore, Frank would not be criminally liable for the death of Bill under existing criminal law frameworks because Bill’s death was not foreseeable. Hypo #1: The issue here is whether Sarah is liable for some level of homicide offense. Since Roger held Sarah at gunpoint and Sarah knew that Roger was a violent person one could argue that Sarah did not shoot Steven voluntarily even though she had the clear intent of shooting Steven because she took careful aim, adjusted for the wind, and placed a precise shot. Duress is a defense to most crimes. However, duress is not a defense to homicide, so Sarah is potentially liable for either murder or manslaughter (duress can reduce a crime that would otherwise constitute murder to manslaughter under certain circumstances). You might ask students: How do you think a prosecutor would or should handle this case? Should he or she use his or her discretion to not file charges against Sarah? Hypo #2: There are two homicides in this case: Gladys and Robert. Mildred’s killing of Robert would be murder in the second degree because in a fit of sudden rage (no premeditation) she intended to kill her husband by stabbing im in the neck. Robert’s death is the classic â€Å"passion killing. † However, Mildred’s killing of Gladys would be murder in the first degree because after dragging her body to the garage, she took time and deliberated about what she was going to do and then killed Gladys. Gladys’s murder was premeditated. Hypo #3: Is George guilty of murder? George did not have a clear intent to harm anyone when he dropped the bomb onto the interstate. However, under subsection (b) of Washington’s first degree murder statute, George manifested â€Å"an extreme indifference to human life† that created â€Å"a grave risk of death to any person. Therefore, even though George didn’t intend to kill anyone, he could be found guilty of murder in the first degree. Hypo #4: One could argue that Jim should be guilty of murder in the first degree under the extreme indifference prong, but Jim’s conduct is not nearly as abhorrent as George dropping a bomb onto the interstate. Motorists do dangerous things in the car all the time that are distracting and cause accidents. Therefore, reaching over to pick up some Skittles is probably not â€Å"extreme indifference. † Jim is most likely guilty of first or second degree manslaughter. The difference between the two is that manslaughter one requires â€Å"recklessness† whereas manslaughter two requires only â€Å"criminal negligence. † Negligence is the lower standard and asks only whether Jim should have known better than to reach for the skittles, whereas recklessness is a subjective standard which would require that Jim knew what he was doing was dangerous. From the facts of the case, it appears that Jim did not recognize the danger in what he was doing and would most likely only face a charge of manslaughter in the second degree. Note: Vehicular homicide might also be charged in this case. Hypo #5: Despite the sympathetic circumstances, Melvin is liable for statutory rape. Laura is younger than 16 (the age of consent in WA) and Melvin is more than 4 years older than her. The limited defense of misrepresentation of age by the minor does not apply because Laura never represented her age in the first place. There is no mens rea element to statutory rape. Rather, it is a strict liability offense in the same way Elements of a Crime Essay Example Elements of a Crime Essay Elements of a Crime (Actus Reus Mens Rea) Model Lesson Plan Source: Original lesson plan. Handout #2 from David Crump, Criminal Law: Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals: by the end of this class students should have a strong foundation for reading criminal statutes and differentiating similar crimes. II. Objectives a. Knowledge objectives: as a result of this class students will be better able to: i. define Actus Reus and Mens Rea ii. understand the different gradations of Mens Rea iii. nderstand the differences between Washington’s homicide statutes b. Skills objectives: as a result of this class students will be better able to: i. read a statute carefully and apply it to fact patterns ii. present and defend their interpretations of the law c. Attitude objectives: i. Students should understand that the severity of criminal punishments can vary greatly depending on the defendant’s mental state in a manner that is largely consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. ii.Students should carefully consider the potentially harsh results that occur when legislatures replace mens rea with strict liability. We will write a custom essay sample on Elements of a Crime specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer III. Methods (1)Distribute Handout #1 (Hypos) (2)Read the introductory hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the conclusion that Frank did cause Bill’s death in the sense that if he hadn’t moved the mirror in the particular way he did at that exact time, the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of but for or actual causation as used in Handout #2.However, the law typically only imposes liability where the defendant’s conduct is the proximate cause of the harmful event/ crime. b. However, it seems like Frank didn’t do anything wrong. Try to elicit why this result seems wrong and write the class’s ideas on the whiteboard. (3)Distribute Handout #2 (Elements) (4)Handout #2 Walk through the Elements handout. Be careful to explain that not all of the elements are always present in a criminal statute. For example, attempted murder doesn’t have a harm element and parking violations don’t have a mens rea element, e. g. ne can receive a parking citation for parking in a handicapped spot even if it was unintentional or an accident. Furthermore, the elements aren’t perfectly discrete and there is some overlap. (5)Distribute Handout #3 (Statutes) a. Explain that the groups will be analyzing the hypos with respect to the statutes provided in Handout #3. The Grades of Homicide are meant to demonstrate the changes mens rea. b. Walk through the statutes and give a thumbnail sketch of i. First degree murder: 1. Premeditated killing. An intentional killing that was deliberate and contemplated prior to the killing. . Extreme Indifference. Covers the possibility that someone knows that what they are going to do will result in the death of another person, but at the same time doesn’t intend to kill. See the bomb hypo in handout # 1. ii. Second degree murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable risk to human life. Recklessness is similar to extreme indifference, but the risk that human life will be lost is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. Statutory rape 1. No mens rea. Strict liability with a limited affirmative defense where minor misrepresents age. In an effort to protect minor children, state legislatures have placed an increased burden to ascertain age on the older party. (6)Break into groups of 3-5 to apply statutes to Hypos 1-5. Have groups designate a reporter and a recorder. The recorder should write each of the group members’ names on the top of handout #1 and also record the group’s answers on the space provided.The Reporter is responsible for explaining the group’s reasoning and conclusion when the class reconvenes. (7)Reconvene Class: call on each group to present their analysis of one hypo. Ask questions to push them in the right direction if you think they missed something or ask questions forcing them to defend their answers if you think they got it right. Note to teacher: suggested answers to the hypotheticals are on a separate sheet at the end of this lesson plan. (8)Take-away: mens rea standards vary widely from premeditated intent to strict liability.You need to read statutes carefully to determine the correct standard. IV. Evaluation a. Group performance on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the following question: Should Melvin be punished for his relationship with Laura? If not, please explain why. How do you think Washington’s statutory rape statute should be changed? If you think that Melvin should be punished, please explain why. Handout #1: Hypothetical Scenarios Introductory Hypo: Frank is helping his friend move into a downtown Seattle condo.While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall.When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury. Suppose that Washington law provides: Anyone who causes the death of another person shall be guilty of murder. Would Frank be guilty of murder under this law? Should he be? Group Exercise Hypos Instructions: Nominate someone in your group to be the recorder and another person to be the class reporter. Read each hypothetical and determine which statute, if any, applies to the facts of the hypothetical and whether the defendant has violated the statute.Hypo #1: Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must shoot and kill Steven. Sarah pleads with Roger to let her go and that she does not want to kill Steven. Roger tells Sarah that unless she successfully shoots and kills Steven, he will kill Sarah and her entire family. Roger has a violent reputation and Sarah has no reason to believe that Roger will not follow through with his threat. Roger identifies Steven walking on the other side of the street and tells Sarah to take the shot.Fearing for the safety of her family and herself, Sarah takes careful aim at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Steven’s heart. What crimes if any has Sarah committed? Explain ____________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________ Hypo #2: Mildred comes home from work early only to discover her husband Robert in the midst of a lewd affair with their neighbor Gladys.In sudden fit of rage, Mildred grabs a flower vase and smashes it over Gladys’ head knocking her unconscious. With a broken shard of ceramic from the vase, Mildred stabs Robert in the neck. Robert dies from sudden blood loss within seconds. After killing Robert, Mildred drags Gladys’ unconscious, but still breathing, body into the garage where she ties Gladys to a folding chair and duct tapes her mouth shut to keep her from screaming. Mildred then returns to the house, prepares a cup of hot tea and takes a long bubble bath contemplating what she should do with Gladys.After finishing her bath, Mildred brainstorms in a note book for several hours about what she might do with Gladys. Ultimately, Mildred decides that Gladys must die for what she has done. Mildred then returns to the garage where she calmly shoots and kills Gladys with a pistol at point blank range. What crimes if any has Mildred committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #3: One day, George decides that he would like to see what would happ en if he were to drop several pounds of high explosives from a freeway overpass into busy fast-moving traffic. George purchases several pounds of high explosives over the internet and then goes to a nearby overpass overlooking I-5. He drops the explosives in front of a large semi-truck and mutters to himself, I sure hope nobody gets hurt. When the explosives hit the pavement below they instantly detonate and blow-up the semi-truck killing its two occupants. In addition, five more motorists are killed in the ensuing pile-up.What crimes if any has George committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #4: Jim is driving down the freeway when he spills his bag of Skittles onto the front passenger floor. Not wanting to lose a single sugary morsel, Jim leans down to retrieve the handful of lost Skittles. In so doing, Jim takes his eyes completely off the road for 8 seconds.While reaching for the last Skittle, Jim inadvertently jerks the steering wheel which veers his car into the next lane. Jim’s car strikes another car forcing it into the ditch. Upon entering the ditch, the other car flips into the air and lands on its roof. All three occupants are crushed to death. What crimes if any has Jim committed? Explain. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #5: Melvin is 21 years old. He has been held back several grades and reads at approximately a 6th grade level. Laura is 15 ? years old. She is a very bright student and takes nearly all AP classes. Laura and Melvin live in the same neighborhood. Laura has always felt sorry for Melvin and was friendly to him even when the neighborhood kids teased and taunted him. As their friendship grew, their relationship, at Laura’s suggestion, became sexual. Melvin never asked Laura how old she was nor did Laura ever tell Melvin her age.When Laura’s father discovered the relationship, he turned Melvin into the police. What crimes if any has Melvin committed? Does he have any defenses? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Handout #2: Elements of a Crime 1. Actus Reus. Actus reus is often characterized as the physical part of a crime. In most cases, it describes what the offender must do.A murder statue will require the offender to kill, an arson law will punish people who set fire to a structure, and theft may require someone to take something a. Voluntary Act: The defendant’s act must be voluntary. b. Circumstances: Many Crimes occur only in a specifically described situation. For example, bribery of a juror requires that the person bribed have been a juror (not another official). c. Harm or result: Many criminal laws require a specific harm to have occurred before the statute applies. In murder, there must be a person killed, and in arson, there must be a burned structure. d.Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result. i. But for, Cause in Fact, or Actual causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action. ii. Proximate causation is narrower than but for causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions. 2. Mens Rea. Mens Rea is often characte rized as the mental requirement in a criminal law.Modern statutes often use four categories of mens rea: intentionally (or purposefully or willfully), knowingly, recklessly, and with criminal negligence. Handout #3: Statutes First Degree Murder: RCW 9A. 32. 030 (1)A person is guilty of murder in the first degree when: (a)With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or (b)Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or c) [Felony Murder—not covered in this exercise] Second Degree Murder: RCW 9A. 32. 050 (1)A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or (b) [Felony Murder—not covered in thi s exercise] First Degree Manslaughter: RCW 9A. 32. 060 (1)A person is guilty of manslaughter in the first degree when: (a) He recklessly causes the death of another person; or (b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.Second Degree Manslaughter: (1)A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. Rape of a Child in the third Degree (Statutory Rape): RCW 9A. 44. 079 (1)A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Defenses: RCW 9A. 44. 030 2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victims age, it is no defense that the perpetrator did no t know the victims age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim [i. . over the age of 16 or less than 48 months apart in age] ? FOR THE TEACHER: Answer Key to Hypothetical Questions Introductory Hypo: The point of the introductory hypo is to realize that there are two types of causation. Simple causation or cause in fact might describe how a physicist would define causation. Under this type of causation, event A is a cause of the later event B, if B would not have occurred but for the occurrence of event A.Therefore, in the example, the event of Frank moving the mirror is a cause in fact of Bill’s death in this sense because if Frank hadn’t moved the mirror in the way he did, the sequence of events that led to Bill’s slip would not have occurred and Bill would not have died. However, in a legal context, cause in fact is a necessary but not sufficient element. To be legally liable for a particular action, one’s conduct must be the proximate cause of the liability generating event. Proximate cause is a subsection of cause in fact and is limited to events that are foreseeable.Therefore, Frank would not be criminally liable for the death of Bill under existing criminal law frameworks because Bill’s death was not foreseeable. Hypo #1: The issue here is whether Sarah is liable for some level of homicide offense. Since Roger held Sarah at gunpoint and Sarah knew that Roger was a violent person one could argue that Sarah did not shoot Steven voluntarily even though she had the clear intent of shooting Steven because she took careful aim, adjusted for the wind, and placed a precise shot. Duress is a defense to most crimes.However, duress is not a defense to homicide, so Sarah is potentially liable for either murder or manslaughter (duress can reduce a crime that would otherwise constitute murder to manslaughter under certain circumstances). You might ask students: How do you think a prosecutor would or should handle this case? Should he or she use his or her discretion to not file charges against Sarah? Hypo #2: There are two homicides in this case: Gladys and Robert. Mildred’s killing of Robert would be murder in the second degree because in a fit of sudden rage (no premeditation) she intended to kill her husband by stabbing im in the neck. Robert’s death is the classic passion killing. However, Mildred’s killing of Gladys would be murder in the first degree because after dragging her body to the garage, she took time and deliberated about what she was going to do and then killed Gladys. Gladys’s murder was premeditated. Hypo #3: Is George guilty of murde r? George did not have a clear intent to harm anyone when he dropped the bomb onto the interstate. However, under subsection (b) of Washington’s first degree murder statute, George manifested an extreme indifference to human life that created a grave risk of death to any person. Therefore, even though George didn’t intend to kill anyone, he could be found guilty of murder in the first degree. Hypo #4: One could argue that Jim should be guilty of murder in the first degree under the extreme indifference prong, but Jim’s conduct is not nearly as abhorrent as George dropping a bomb onto the interstate. Motorists do dangerous things in the car all the time that are distracting and cause accidents. Therefore, reaching over to pick up some Skittles is probably not extreme indifference. Jim is most likely guilty of first or second degree manslaughter.The difference between the two is that manslaughter one requires recklessness whereas manslaughter two requires only cr iminal negligence. Negligence is the lower standard and asks only whether Jim should have known better than to reach for the skittles, whereas recklessness is a subjective standard which would require that Jim knew what he was doing was dangerous. From the facts of the case, it appears that Jim did not recognize the danger in what he was doing and would most likely only face a charge of manslaughter in the second degree.Note: Vehicular homicide might also be charged in this case. Hypo #5: Despite the sympathetic circumstances, Melvin is liable for statutory rape. Laura is younger than 16 (the age of consent in WA) and Melvin is more than 4 years older than her. The limited defense of misrepresentation of age by the minor does not apply because Laura never represented her age in the first place. There is no mens rea element to statutory rape. Rather, it is a strict liability offense in the same way

Tuesday, March 10, 2020

Free Essays on Requirement Of Seatbelts

Natural laws should be passed in all states that require all automotive vehicles to wear seatbelts. Since the United States has one of the lowest seatbelt usage percentages, the United States has one of the highest death tolls in automobile accidents, yet since 1983, the wearing of seatbelts has reduced deaths by an approximate 50,000 people (www.thinkseatbelts.com). The definition of a natural law, stated in West’s Business Law Text and Cases are â€Å"moral and ethical principles that are inherent in human nature and people can discover through†¦natural intelligence, or reason† (Clarkson,Miller,Jentz&Cross p. 2). This definition states exactly that because of the facts that we know today about wearing seat belts, it should be a law. There has always been the argument of whether or not seat belts should be required to wear. There are still to this day, many people that say, â€Å"The seat belt can’t save my life†, or â€Å"I’m only driving for less than 5 minutes†. Those are indeed some people’s opinions, but the fact is that those five minutes could cost you your life. Although there would always be people that were against seat belts, it is for the good of the society that they should be required. There are many reasons that seat belts should be required to wear. Seat belts are your best protection in a crash. They are designed so that the strongest area of your body absorbs the forces in a crash. They also keep you in place so that your head, face and chest are less likely to strike the windshield, dashboard, other vehicle interiors or other passengers. They also keep you from being thrown out of a vehicle (www.carsp.ca). Another reason that there should be natural laws for wearing seat belts is because â€Å"Based on the calculations, researchers estimated that 12,178 people died from 1995 through 2002 because states failed to put in place primary seat belt laws† (www.cbsnews.com). For example, of those over 12,000 peop... Free Essays on Requirement Of Seatbelts Free Essays on Requirement Of Seatbelts Natural laws should be passed in all states that require all automotive vehicles to wear seatbelts. Since the United States has one of the lowest seatbelt usage percentages, the United States has one of the highest death tolls in automobile accidents, yet since 1983, the wearing of seatbelts has reduced deaths by an approximate 50,000 people (www.thinkseatbelts.com). The definition of a natural law, stated in West’s Business Law Text and Cases are â€Å"moral and ethical principles that are inherent in human nature and people can discover through†¦natural intelligence, or reason† (Clarkson,Miller,Jentz&Cross p. 2). This definition states exactly that because of the facts that we know today about wearing seat belts, it should be a law. There has always been the argument of whether or not seat belts should be required to wear. There are still to this day, many people that say, â€Å"The seat belt can’t save my life†, or â€Å"I’m only driving for less than 5 minutes†. Those are indeed some people’s opinions, but the fact is that those five minutes could cost you your life. Although there would always be people that were against seat belts, it is for the good of the society that they should be required. There are many reasons that seat belts should be required to wear. Seat belts are your best protection in a crash. They are designed so that the strongest area of your body absorbs the forces in a crash. They also keep you in place so that your head, face and chest are less likely to strike the windshield, dashboard, other vehicle interiors or other passengers. They also keep you from being thrown out of a vehicle (www.carsp.ca). Another reason that there should be natural laws for wearing seat belts is because â€Å"Based on the calculations, researchers estimated that 12,178 people died from 1995 through 2002 because states failed to put in place primary seat belt laws† (www.cbsnews.com). For example, of those over 12,000 peop...

Sunday, February 23, 2020

Assignments 1 Essay Example | Topics and Well Written Essays - 3000 words

Assignments 1 - Essay Example The company just arrived in North Sea fields several years ago. By the time LINK650 was setting up in North Sea fields, there was so much excitement about the arrival. This prompted many job seekers to apply for various technical and non-technical jobs within the company. One of the lucky people to have gotten the chance to work for LINK650 as a non-technical employee was Shaun O’Neil. Specifically, O’Neil was given a drilling job, which was dangerous but well-paying and with more time off. Having being selected among a pool of many applicants, O’Neil and his colleagues at LINK650 were so happy and enthusiastic about their new jobs. To them, this represented a great opportunity to showcase their talents, apply their knowledge, and gain some income. The new hires were initially pleased with the recruitment process that was used in selecting them. O’Neil was particularly impressed by the recruitment team because they showed concern about their welfare while working in the oil drills. It is only later on that it emerged that the recruiters were actually hired from a consulting firm with specialization in recruitment and hiring. Apparently, O’Neil and his colleagues had not actually met or interacted with any manager from the LINK Company during the entire recruitment and selection period. Just after a few months of starting work, real problems began to emerge. Although some of the new non-technical hires had previous experience on oil fields, they were shocked to find that the experience they found at LINK650 was not close to what they had anticipated. Their welfare and safety as employees working in dangerous conditions were not taken care of. They had to work under dirty and very cold conditions. This caused some of the employees to resign. As if that was not enough, the supervisors in the company were too harsh on the new hires. They treated the employees badly by being abusive blatantly