Saturday, April 25, 2020
Of All The Scientists To Emerge From The Nineteenth And Twentieth Cent
Of all the scientists to emerge from the nineteenth and twentieth centuries there is one whose name is known by almost all living people. While most of these do not understand this man's work, everyone knows that its impact on the world of science is astonishing. Yes, many have heard of Albert Einstein's General Theory of relativity, but few know about the intriguing life that led this scientist to discover what some have called, "The greatest single achievement of human thought." Einstein was born in Ulm, Germany on March 14, 1874. Before his first birthday, his family had moved to Munich where young Albert's father, Hermann Einstein, and uncle set up a small electro-chemical business. He was fortunate to have an excellent family with which he held a strong relationship. Albert's mother, Pauline Einstein, had an intense passion for music and literature, and it was she that first introduced her son to the violin in which he found much joy and relaxation. Also, he was very close with his younger sister, Maja, and hey could often be found in the lakes that were scattered about the countryside near Munich. As a child, Einstein's sense of curiosity had already begun to stir. A favorite toy of his was his father's compass, and he often marvelled at his uncle's explanations of algebra. Although young Albert was intrigued by certain mysteries of science, he was considered a slow learner. His failure to become fluent in German until the age of nine even led some teachersto believe he was disabled. Einstein's post-basic education began at the Luitpold Gymnasium when he was ten. It was here that he first encountered the German spirit through the school's strict disciplinary policy. His disapproval of this method of teaching led to his reputation as a rebel. It was probably these differences that caused Einstein to search for knowledge at home. He began not with science, but with religion. He avidly studied the Bible seeking truth, but this religious fervor soon died down when he discovered the intrigue of science and math. To him, these seemed much more realistic than ancient stories. With this new knowledge he disliked class even more, and was eventually expelled from Luitpold Gymnasium being considered a disruptive influence. Feeling that he could no longer deal with the German mentality, Einstein moved to Switzerland where he continued his education. At sixteen he attempted to enroll at the Federal Institute of Technology but failed the entrance exam. This forced him to study locally for one year until he finally passed the school's evaluation. The Institute allowed Einstein to meet many other students that shared his curiosity, and It was here that his studies turned mainly to Physics. He quickly learned that while physicists had generally agreed on major principals in the past, there were modern scientists who were attempting to disprove outdated theories. Since most of Einstein's teachers ignored these new ideas, he was again forced to explore on his own. In 1900 he graduated from the Institute and then achieved citizenship to Switzerland. Einstein became a clerk at the Swiss Patent Office in 1902. This job had little to do with physics, but he was able to satiate his curiosity by figuring out how new inventions worked. The most important part of Einstein's occupation was that it allowed him enough time to pursue his own line of research. As his ideas began to develop, he published them in specialist journals. Though he was still unknown to the scientific world, he began to attract a large circle of friends and admirers. A group of students that he tutored quickly transformed into a social club that shared a love of nature, music, and of course, science. In 1903 he married Mileva Meric, a mathematician friend. In 1905, Einstein published five separate papers in a journal, the Annals of Physics. The first was immediately acknowledged, and the University of Zurich awarded Einstein an additional degree. The other papers helped to develop modern physics and earned him the reputation of an artist. Many scientists have said that Einstein's work contained an imaginative spirit that was seen in most poetry. His work at this time dealt with molecules, and how their motion affected temperature, but he is
Wednesday, March 18, 2020
What Xenophobia Is With Examples
What Xenophobia Is With Examples Xenophobia is as ubiquitous as the common cold. It shapes public policy, drives political campaigns and even sparks hate crimes. Yet, the meaning of this multi-syllabic word remains a mystery to many of the people who adopt xenophobic attitudes or find themselves subjected to them. This review of xenophobia illuminates the practice with a definition, contemporary and historical examples and an analysis of how xenophobia intersects with racism. What Xenophobia Is Pronounced zeen-oh-fobe-ee-ah, xenophobia is the fear or contempt of foreign people, places or things. People with this ââ¬Å"fearâ⬠are known as xenophobes and the attitudes they have as xenophobic. While phobia refers to fear, xenophobes arenââ¬â¢t scared of foreign people in the same way that a person with arachnophobia fears spiders. Instead, their ââ¬Å"fearâ⬠can best be compared to homophobia, as hatred largely drives their repulsion to foreigners.à Xenophobia can occur anywhere. In the United States, known for being the land of immigrants, a number of groups have been the targets of xenophobia, including the Italians, Irish, Poles, Slavs, Chinese, Japanese and a variety of immigrants from Latin America. As a result of xenophobia, immigrants from these backgrounds and others faced discrimination in employment, housing, and other sectors. The U.S. government even passed laws to restrict the number of Chinese nationals in the country and to strip Japanese Americans from the countryââ¬â¢s coasts. The Chinese Exclusion Act and Executive Order 9066 More than 200,000 Chinese nationals traveled to the U.S. after the gold rush of 1849. In a three-decade period, they became 9 percent of Californiaââ¬â¢s population and a quarter of the stateââ¬â¢s labor force, according to the second volume of Americaââ¬â¢s History. Although whites excluded the Chinese from higher-wage jobs, the immigrants from the East made a name for themselves in industries such as cigar-making. Before long, white workers came to resent the Chinese and actually threatened to burn the docks from which these newcomers arrived in the U.S. The slogan ââ¬Å"The Chinese Must Go!â⬠became a rallying cry for Californians with anti-Chinese biases. In 1882, Congress passed the Chinese Exclusion Act to halt the migration of Chinese nationals into the U.S. Americaââ¬â¢s History describes how xenophobia fueled this decision. ââ¬Å"In other parts of the country, popular racism was directed against African Americans; in California (where blacks were few in number) it found a target in the Chinese. They were an ââ¬Ëinfusibleââ¬â¢ element who could not be assimilated into American society, wrote the young journalist Henry George in a famous 1869 letter that made his reputation as a spokesman for California labor. ââ¬ËThey practice all the unnameable vices of the East. [They are] utter heathens, treacherous, sensual, cowardly and cruel.ââ¬â¢Ã¢â¬ Georgeââ¬â¢s words perpetuate xenophobia by casting the Chinese and their homeland as vice-ridden and, thus, threatening to the U.S. As George framed them, the Chinese were untrustworthy and inferior to Westerners. Such xenophobic opinions not only kept Chinese workers on the sidelines of the labor force and dehumanized them but also led to U.S. lawmakers banning Chinese immigrants from entering the country. The Chinese Exclusion Act is far from the only U.S. legislation passed with xenophobic roots. Just months after the Japanese bombed Pearl Harbor on Dec. 7, 1941, President Franklin D. Roosevelt signed Executive Order 9066, allowing the federal government to force more than 110,000 Japanese Americans on the West Coast from their homes and into internment camps. He signed the order under the guise that any American of Japanese descent was a potential threat to the U.S., as they could join forces with Japan to commit espionage or other attacks against the country. Historians point out, however, that anti-Japanese sentiment in places such as California fueled the move. The president had no reason to view Japanese Americans as threats, especially since the federal government never linked any such person to espionage or plots against the U.S.à The U.S. appeared to make some headway in its treatment of immigrants in 1943 and 1944, when it, respectively, repealed the Chinese Exclusion Act and allowed Japanese American internees to return to their homes. More than four decades later, President Ronald Reagan signed the Civil Liberties Act of 1988, which offered a formal apology to Japanese American internees and a payout of $20,000 to internment camp survivors. It took until June 2012 for the U.S. House of Representatives to pass a resolution apologizing for the Chinese Exclusion Act. Proposition 187 and SB 1070 Xenophobic public policy isnââ¬â¢t limited to the anti-Asian legislation of Americaââ¬â¢s past. More recent laws, such as Californiaââ¬â¢s Proposition 187 and Arizonaââ¬â¢s SB 1070, have also been labeled xenophobic for striving to create a sort of police state for undocumented immigrants in which theyââ¬â¢d constantly be under scrutiny and denied basic social services. Named the Save Our State initiative, Prop. 187 aimed to bar undocumented immigrants from receiving public services such as education or medical treatment. It also mandated teachers, healthcare workers, and others to report individuals they suspected of being undocumented to the authorities. Although the ballot measure passed with 59 percent of the vote, federal courts later struck it down for being unconstitutional. Sixteen years after the controversial passage of Californiaââ¬â¢s Prop. 187, the Arizona legislature passed SB 1070, which required police to check the immigration status of anyone they suspected to be in the country illegally. This mandate, predictably, led to concerns about racial profiling. In 2012, the U.S. Supreme Court ultimately gutted some parts of the law, including the provision allowing police to arrest immigrants without probable cause and the provision making it a state crime for unauthorized immigrants not to carry registration papers at all times. The high court, however, left in the provision allowing authorities to check a personââ¬â¢s immigration status while enforcing other laws if they have reasonable cause to believe the individuals reside in the U.S. illegally. While that marked a small victory for the state, Arizona suffered a highly publicized boycott because of its immigration policy. The city of Phoenix lost $141 million in tourism revenue as a result, according to the Center for American Progress.à How Xenophobia and Racism Intersect Xenophobia and racism often coexist. While whites have been targets of xenophobia, such whites usually fall into the ââ¬Å"white ethnicâ⬠category- Slavs, Poles, Jews. In other words, theyââ¬â¢re not white Anglo-Saxon Protestants, the Western Europeans historically deemed as desirable whites. In the early 20th century, prominent whites expressed fear that white ethnics were reproducing at higher rates than the WASP population. In the 21st century, such fears continue to be raised. Roger Schlafly, son of Phyllis Schlafly, founder of the conservative political group Eagle Forum,à à expressed his dismay in 2012 about a New York Times article that covered the rise of the Latino birthrate and the dip in the white birthrate. He lamented the growing number of immigrants with little in common with the 1950s American family, which he describes as ââ¬Å"happy, self-sufficient, autonomous, law-abiding, honorable, patriotic, hard-working.â⬠à In contrast, according to Schlafly, Latino immigrants are transforming the U.S. to its detriment. They ââ¬Å"do not share those values, and â⬠¦ have high rates of illiteracy, illegitimacy, and gang crime, and they will vote Democrat when the Democrats promise them more food stamps.â⬠In short, because Latinos arenââ¬â¢t 1950s WASPs, they must be bad news for the U.S. Just as blacks have been characterized as welfare dependent, Schlafly argues that Latinos are too and will flock to Democrats for ââ¬Å"food stamps.â⬠Wrapping Up While white ethnics, Latinos and other immigrants of color face negative stereotypes, Americans typically hold Western Europeans in high regard. They praise the British for being cultured and refined and the French for their cuisine and fashion. Immigrants of color, however, routinely fight off the idea that theyââ¬â¢re inferior to whites. They lack intelligence and integrity or bring disease and crime into the country, xenophobes claim. Sadly, more than 100 years after the passage of the Chinese Exclusion Act, xenophobia remains prevalent in U.S. society.
Sunday, March 1, 2020
7 Tips to Learn New Skills Fast
7 Tips to Learn New Skills Fast Everybody has their own reasons to learn new skills. Some need them for work, some because of the changes, caused by various life events, some choose to do it just because its fun. Wherever your motivation lies, mastering a new skill in a quicker and more efficient way will certainly benefit you. Weve collected 7 tips to help you do this. Pick the one to your liking or try combining all of them! Stare Steal In the vast majority of cases learning a new skill is not a matter of being naturally gifted. Its rather a combination of perseverance and practice. The research suggests, that to get started on this way you are to do two highly important things: stare at people doing something you want to learn and dont hesitate to use your observations in practice. Go to master classes, recitals or tournaments and turn them into a study session from an entertaining activity. Staring means close examining of what helps a person do something proficiently. Stealing is using these little details in your own activities. For instance, if you aim at learning how to play the piano ââ¬â watch the moves of the musician and do your very best to notice special tilt of the wrist and the way they touch those ivories. And when you go back home, mimic the manners. This principle applies to lots of spheres of activities. Take it and use it. Deconstruct Learning a new skill gets far more manageable when you dissect it into several constituents. A functional model of doing this in an effective way was suggested by Tim Ferris, an expert on learning issues. He has come up with DiSSS system: Deconstruction, Selection, Sequencing and Stakes. So, first you have to break down the skill into small bricks. Then you choose the way of applying 20% of effort, thats going to bring 80% result. Next, you are to think of the best order to learn the blocks of the skill. Last but not least, you need to come up with a system of praise and punishment, thats going to motivate you to actually go all the way through. Lets say your goal is learning how to play the guitar. To begin, you need to learn a set of chords, necessary to play a couple of your favorite songs. Having looked through the list, you may range them from the easiest to the most complicated ones. Then, start practicing, gradually increasing the difficulty level. Dont stop until youve come to the first evident result. Once youre there ââ¬â throw a little party and perform for your guests. If youre not ââ¬â dont go out until you reach the needed result. See? DiSSS in action! Dont Be Afraid to Be Stupid Thats one of the most common fears. Dont let it stand in the way of your learning new, amazing things. Ask questions and make mistakes ââ¬â thats a sure recipe of getting not theoretical knowledge, but hands-on experience, which is a much shorter way to succeeding in a new area. Dont hesitate to take risks and make scary decisions. Going the safe, correct way may deprive you of the opportunity to engage into an interesting journey, that will actually be far more beneficial in the end. Who knows, maybe the stupid question you ask on the forum will lead to unexpected fascinating circumstances? Maybe the way you cook that meal is even better than the original recipe? Be a daring explorer and have fun with it. ââ¬Å"Noâ⬠to Routine The study has shown, that changing the way of practice is more advantageous than mere repetition of the action. The participants were asked to attend several training sessions, aimed at teaching them to move a cursor with the help of a device, that responded to squeezing. Representatives of one group were asked to perform different exercises during the sessions, while people from the other one stuck to a single exercise pattern. In the end, participants from the first batch showed better results, having demonstrated higher level of ability to adjust to new conditions as well as better overall performance. Although the research concentrated on motor skills, the approach is applicable to other ones just as well. For example, when you learn a new language, you may either simply repeat and revise new words or use them in different constructions or word games. In fact, youll see the benefits of the second method quite soon. Dont Make Things Difficult Thats simply a matter of common sense. The best practices of learning the skill youve chosen have probably already been established. So dont reinvent the wheel. Watch a couple of YouTube tutorials or go through articles, devoted to the topic. It never hurts to use others experience. Once you learn the basics, youll get a chance to create your own routes. Be a Doer, Not Just a Learner Going through theoretical basis is definitely a good start. However, if youve decided that to learn the skill you need to read 10 classic books, devoted to the topic, you are most probably wrong. If you dont see the first result of your practice soon, youre very likely to lose all the interest. Dont let this happen. So, if you want to learn how to cook, for example, get down to business as soon as possible. You may seek inspiration from different sources later. However, at the starting point you need to be as down-to-earth as possible. Cook that salad and youll get to the bouillabaisse faster. Discomfort Is a Friend People love being comfortable. Nevertheless, relaxation is not good if you want to master a new ability quickly. Your brain feels that the environment is safe and warm, thus, you shouldnt try any harder. Thats why putting yourself in rather tough conditions is actually good. The best-performing schools and training facilities often look pretty basic and definitely are far from luxury. So, dont get too comfy and try to avoid distractions. This technique will facilitate learning, enhance your performance and make you even happier, when you praise yourself with a little something, having made progress. Learning is an adventure, where the prizes are guaranteed, in case you pay enough effort and diligence. Have an awesome one!
Friday, February 14, 2020
Organic versus Inorganic Farming Research Paper Example | Topics and Well Written Essays - 750 words
Organic versus Inorganic Farming - Research Paper Example This paper presents a critique of organic versus in-organic farming. It focuses on the costs and benefits in relation to health and meeting the nutritional needs of the global populace. People are becoming aware of the problems associated with pesticides and foods that are grown using in-organic farming. For example, Gabriel and Tscharntke (2007) observe that pesticides that contain heavy metals such as lead can get into the body system by feeding on food that has traces of chemicals. Tomatoes are among the farmed fruits that the European Union has restricted entry into the market due to traces in the chemicals. Such foods that may gradually lead to cancer as the chemicals build up in the body. Apart from plants, livestock is also produced organically through avoidance of the use of synthetic chemicals to control pests. In-organic farmers also apply phytohormones that include chemicals that regulate the growth of plants. The growth enhancers facilitate the development of leaves, ripening of fruits as well as the strengthening of stems. These developments are desirable especially for the early maturity of the plants. However, they have dire health implications. Some of the hormones may affect cellular activity leading to the death of cells as well as stress in plants. On the other hand, they also have an impact on humans consuming the plants. The hormones may facilitate the development of cancer. Leukemia, prostate, and breast cancer are among the problems that are associated with hormones for growth enhancement in plants. One of the hormones that are understood to affect cancer cells in humans is Sodium salicylate and methyl jasmonate among others (Avery, 2006). In essence, organic farming maintains soil fertility; it is environmentally friendly and also does not endanger the lives of humans.
Saturday, February 1, 2020
Abortion Essay Example | Topics and Well Written Essays - 1500 words
Abortion - Essay Example These untruths have been widely perceived as facts. In addition, the Founding Fathers of this nation intended to shape not only the legal but the moral direction of American society as well when they drafted the Constitution, the document that defines the laws of the nation. If they were alive today, the Founders clearly would be against the killing of innocent victims for reasons of convenience. There is little freedom of choice for women who are experiencing an unwanted pregnancy. The women themselves usually wish to bring their baby to full term. Other powerful influences in her life such as husbands/boyfriends, parents and friends are generally the forces that exact pressures on her to terminate the pregnancy. ââ¬Å"Eight out of 10 women surveyed after abortion said they would have given birth if theyââ¬â¢d had support and encouragement from family and friendsâ⬠(Reardon, 2002). Itââ¬â¢s the abortion that, in many cases, is unwanted by the woman, not the baby. Most often, the father of the child, not wishing to accept responsibility, may beg or even threaten a woman until she agrees to the abortion. ââ¬Å"In 95 percent of all cases the male partner played a central role in the decisionâ⬠(Zimmerman, 1977). This and other studies have illustrated clearly that most women decide against their own conscience. Legal abortion enables fathers to force their will on mothers. Some women resort to abortion in desperation because they fear continued abuse. That fear is substantiated as women who refuse to abort have been subjected to serious abuses which have escalated to murder if the women still persists in her refusal. Murder is the leading cause of death for pregnant women and for what other motive could there be? ââ¬Å"Sixty-four percent of women surveyed report being pressured by others into unwanted abortionsâ⬠(Reardon, 1992). à à Immediately following an abortion, the one(s)
Friday, January 24, 2020
Contemplating the End in Shaving and There Will Come Soft Rains Essay
Contemplating the End in Shaving and There Will Come Soft Rainsà à What happens at the end? "Shaving" and "There Will Come Soft Rains" both address that issue, the first referring to the end of a man's life, the second to the end of humanity. Both ends come about through illness, whether that of a dying man or of a society that drives itself to suicide. The microcosm, the macrocosm- both show in their own way that man is mortal, that this too shall pass. The authors seem to have irreconcilable messages about humanity, which are in fact merely two faces of the same coin. "There Will Come Soft Rains" says that, yes, we can build magnificent machines: beautiful houses to cater to our every need, a thousand servants at our beck and call- yet what benefit will they be at the end? When we fry ourselves into radioactive smithereens because we can sooner built houses fit for gods then learn to live in peace with our fellow mortals, what good will our machines be to us then? The loyal family dog searched futilely for his masters, the house tried in vain to save itself from the fires, but their efforts to save their masters were ludicrous, for the master race had exterminated itself and left the servants all alone, impotent. Not one of man's creations could stand at the day of reckoning and save him from extinction- nor would many mourn his passage. This is a humbling thought, that our planet would survive quite well without us were we to rid it of our presence- and that in just a short while, it would almost be as if we had never existed at all. Times have changed since the writing of "There Will Come Soft Rains", when the threat of nuclear extermination seemed more real than it is now. But should we read it only as a chill... ...y chose to perform a small favor for his terminally ill father, to reach out to another human being and to work for a while for another's gain at his expense- and by doing so he gained more than the hapless family had ever known. "Really, of what benefit is it if a man gains the whole world, but loses his soul?" demands the Bible. The pursuit of all the latest and greatest things, be they beautiful clothes or flashy cars or gorgeous homes or staggering bank-balances or prestigious degrees or considerable political power, is not important. We can deceive ourselves into believing otherwise at the risk of creating the future as seen in "There Will Come Soft Rains", or we pursue the more important things, as hinted at in "Shaving", so that when the end does come- and both stories reflect that inevitability- we will know that we have not spent our lives in vain. Ã
Thursday, January 16, 2020
Criminal Chapter Assignments Essay
1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment. Two main purposes: Retribution & Prevention. Retribution looks back to past crimes and punishes individuals for committing them, because itââ¬â¢s right to hurt them. Prevention looks forward and inflicts pain, not for its own sake, but to prevent future crimes. There are four kinds: General deterrence, Special deterrence, incapacitation, and rehabilitation. Since the mid-1980s, reformers have championed retribution and incapacitation as the primary purpose of criminal punishment. 2. Explain the relationship between the general and special parts of criminal law. General: principles that apply to more than one crime. Special: explains specific crimes and arranges them into groups according to subject matter. The special part of criminal law defines specific crimes, according to the principles set out in the general part. Four groups: Crimes against persons, Crimes against property, Crimes against public order and morals, and Crimes against the state. Pg. 15 3. Explain the text-case method including the reason for its name. Also explain the two reasons for applying criminal principles and definitions to specific cases. Text-case method ââ¬â meaning itââ¬â¢s part text and part excerpts from criminal law cases specially edited for non-lawyers. Two reasons: first, it helps you understand the principles and the elements of specific cases; secondly, stimulates you to think critically about the principles and their applications. 4. Define, describe, compare, and contrast common-law crimes and statutory crimes. Be sure to provide examples. Common law crimes are made by judges and statutory crimes are made by legislature. Most jurisdictions have moved away from common law to statutory crimes. Many crimes are both common law and statutory. Common-law crimes create problems and fair notice, Statutory crimes do not. Pg. 16 Chapter Three 5. Define, compare, and contrast constructive, actual, mere, and knowing possession. Be sure to provide an example of each. Constructive possession means items not on my person but in places I control, for example, my car and apartment. Actual possession means items ââ¬Å"on me,â⬠such as marijuana in my pocket. Mere possession means you donââ¬â¢t know what you possess. Example, if you agree to carry your friendââ¬â¢s briefcase that you donââ¬â¢t know is filled with stolen money, or drugs, youââ¬â¢ve got mere possession of the money or drugs. Knowing possession means possessors are aware of what they possess, so if you buy meth and know its meth, you have knowing possession. 6. Explain the importance of the general principle of actus reus. Be sure to discuss the three purposes served by the principle of actus reus. The importance of the general principle of Actus reus, is the physical element in a crime. We punish people for what they do, not who they are. There are three elements of criminal liability consist of: 1. Conduct that is, 2. Without jurisdiction; and 3. Without excuse. 7. What is the principle of manifest criminality? Provide an example. Explain why you agree or disagree with this principle. Manifest criminality is the requirement that mental attitudes have to turn into deeds for a ââ¬Å"crimeâ⬠to be commited. It leaves no doubt about the criminal nature of the act. ââ¬Å"Caught red handedâ⬠. I agree with this principle because if I think about killing my neighbor it is not a crime unless I act on it. 8. Identify and define the two kinds of criminal omission. Describe the circumstances in which omissions and possession are treated as acts. The two kinds of criminal omission: Failure to report and failure to intervene. They are criminal omission only if defendants had a legal duty, not just a moral duty, to act. If you are required by law to report things such as, an accident; reporting child abuse; filing an income tax return; registering aà firearm; or notifying sexual partners of positive HIV status, then these can be considered acts. 9. Define, compare, and contrast the ââ¬Å"Good Samaritanâ⬠rule and the American bystander rule. Which rule is dominant in the United States? Which rule is best? Explain your position. ââ¬Å"Good Samaritanâ⬠doctrine, which imposes a legal duty to help or call for help for imperiled strangers. American bystander rule is thereââ¬â¢s no legal duty to rescue or summon help for someone whoââ¬â¢s in danger even if the bystander risks nothing by helping. Only a few jurisdictions follow the ââ¬Å"Good Samaritanâ⬠rule, nearly all follow the approach of the American bystanders rule. I believe in the ââ¬Å"Good Samaritanâ⬠rule, because of morals alone. If you can save or prevent someone from being subjected to a crime or death, you have a moral obligation to do something. To stand by and do nothing should be a crime, as if you allowed the crime or harm to happen. Chapter Four 10. Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense. Mistake is a defense whenever the mistake prevents the formation of any fault-based mental attitude; Namely, Puposedly, Knowingly, Recklessly, or Nigliently. Mistakes are sometimes called a failure-of-proof defense because defendants usually present enough evidence to raise reasonable doubt that the prosecution has proved that they formed the mens era required for criminal liability. 11. What are the four types of culpability in the Model Penal Code? Be sure to provide examples. What are the levels of culpability of each relative to the other? The MPC specifies that all crimes requiring a mental element have to include one of these degrees of culpability: Purposely ââ¬â having the ââ¬Å"conscious objectâ⬠to commit crimes. ââ¬Å"You did it on purpose.â⬠Knowingly ââ¬â the state of ââ¬Å"knowingâ⬠and ââ¬Å"awarenessâ⬠â⬠¦ it is enough that Iââ¬â¢m aware that itââ¬â¢s ââ¬Å"practically certainâ⬠that my conduct will cause the bad result.à Applies to conduct crimes, awareness is clear. Recklessly ââ¬â ââ¬Å"Awarenessâ⬠.. in acting ââ¬Å"recklessly,â⬠itââ¬â¢s awareness of causing the result itself. Reckless people know theyââ¬â¢re creating risks of harm but they donââ¬â¢t intend, or at least donââ¬â¢t expect, to cause harm itself. Conscious risk creation isnââ¬â¢t as blameworthy as acting purposely or knowingly. The MPC proposes that fact finders determine recklessness according to a two-pronged test. The test has both a subjective and on objective component. Negligently ââ¬â Also about creating risks. The test for negligence is totally objective, namely, that the actors should have known, even though in fact they didnââ¬â¢t know, they were creating risks. Put into another way; A reasonable person wouldââ¬â¢ve known she was creating the risk. 12. What are strict liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position. Minor crimes where thereââ¬â¢s liability without either subjective or objective fault. Strict liability crimes makes accidental injuries a crime. The prosecution has to prove only that defendants committed a voluntary criminal act that cause harm. Supporters argue that there are; first, thereââ¬â¢s a strong public interest in protecting public health and safety, and secondly, the penalty for strict liability offenses is almost alway mild. Critics say itââ¬â¢s too easy to expand strict liability beyond offenses that seriously endanger the public. I believe that to punish people that did not harm other people by one of the four MPC culpability, shouldnââ¬â¢t be enforceable. Strict liability opens up a river of sue happy people. 13. What does the prosecution have to prove with regard to causation to get a conviction? What are intervening causes and how do they affect a defendantââ¬â¢s responsibility? Be sure to provide examples. Prosecutors have to prove causation beyond a reasonable doubt. Proving causation requires proving two kinds of cause: Factual cause & Legal cause. Intervening cause is an event that comes between the initial act in a sequence and the end result. The event as well as the resulting injury must have been unforeseeable to a reasonable person. Example: Neighbor A asks Neighbor B to store an expensive painting in their garage. Neighbor B agrees. Neighbor Bââ¬â¢sà home catches fire and the painting is destroyed. 14. It would be inappropriate to refer to ââ¬Å"criminal law,â⬠as if it were a singular entity. Why is this? Discuss all that ââ¬Å"criminal lawâ⬠really includes in the U.S. There are 52 criminal codes in our federal system. The 52 codes defines specific crimes and their punishments that will apply to people within their jurisdiction. There are difference in some of the definitions and the punishments from state to state. There are more similarities than difference though. Grading Criteria: â⬠¢Depth of analysis (i.e. content, quantity, and quality) â⬠¢Grammar, spelling, sentence structure â⬠¢Citations that conform to the Uniform Bluebook of Citations (refer to: http://www.law.cornell.edu/citation/) â⬠¢Submit your responses as an MS Word Document Due: â⬠¢Sunday of this week by 11:59 PM (EST)
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