1920s Essay

1. Two philosophies, Social Darwinism and eugenics, were two philosophies that affected societal actions from the 1900s well into the late 1920s. Examine the social issue of Social Darwinism and eugenics. Assess the consequences these two issues had for individuals and society in general; consider how the fallacy of these two issues was brought to light. (6a) 2. Red Scare- The U. S. experienced inflation at the end of WWI and this inflation resulted in riots and a. What main ideas prompted the Red Scare? b. Compare and contrast the Red Scare with Social Darwinism. (6a) 3.Immigration- Immigration was a contentious issue for the country during the 1920s; the United States passed the National Origins Act in 1929. a. As a citizen of the 1920s, question your congressional representative by assessing the social and economic consequences of this act. (6a) b. Speculate on that you think what the societal impact of present day immigration policies is. 4. Prohibition- The prohibition era was u shered in by the 18th Amendment which outlawed the manufacture, transportation and sale of alcoholic beverages; however, the 21st Amendment repealed the 18th amendment in 1933. (6a) a.Identify the ideas and the historical highlights that led to the Prohibition era. b. Analyze the positive and negative effects of this era. 5. The Changing role of women- The text describes the 1920s as a time of the emergence of the â€Å"New† woman (Carnes 647). a. Evaluate the democratic means used to bring about the passage of the 19th amendment. In other words, what democratic processes were utilized to achieve this victory? (23b) b. Analyze the impact of the 19th amendment which changed the role of women? c. Preview the characteristics of the new woman and describe the impact that technology played in bringing about this change. 6a) d. How are women’s roles changing this today and how does these changes affect men? 6. Urban-Rural conflicts emerged during the 1920s and one of these c onflicts was fundamentalism. â€Å"Fundamentalists rejected the theory of evolution as well as advanced the hypotheses on the origins of the universe. † (Carnes: 653). Part of rejecting this theory was to prevent schools from teaching the theory of evolution in science classes. a. Describe the court case mentioned in chapter 24 that tested this issue. b. Distinguish between the roles played by Clarence Darrow and William Jennings. c.Think critically about the evidence presented by both lawyers and prepare questions that you would have asked them had you been the judge in this case. 7. New Technology flourished during the 1920s and brought a measure of prosperity to the country. Among the new technology was the automobile industry which thrived during the 1920s as a result of consumer demands. a. Assess the impact that Henry Ford had on the auto industry and on American society. (6b) b. Assess the impact that the automobile had on society. 8. Aviation Technology- The Great War hastened the evolution of airplane technology.Many new pilots showed off their aviation skills performing aerial acrobats and other adventurous feats at county shows in the 1920s. But an early aviation pioneer, Charles Lindberg, achieved a different type of aviation accomplishment in the 1920s. a. Examine the impact that this event and Lindberg had on the field of aviation and on American society. Thinking Critically In a paragraph, synthesize your thoughts about the cause and effect of the significant events, social issues and individuals of the 1920; consider how this decade contributed to the history of the United States and the identity of its citizens.Intro (revise): The 1920s enabled the United States to assume a greater economic role on the world stage. Unlike the major European powers at the time, the U. S. did not have to rebuild its economic infrastructure following World War I, enabling it to flourish and exhibit influence over many aspects of life during this decade. Th is included an increase in item production, the emergence of the automobile and the radio, and changes in American social and cultural life. The 1920s were an important decade in American history.This would be the decade that laid the foundation for the journey that would propel the United States to the status of greatest world power. The 1920s had an impact on all parts of the American development. {{Consider: Ninety years ago, the United States was a different place. There were 107 million people living here; life expectancy was 54 years for men and 55 for women; the average annual salary was $1,236, and Gangland crime was rampant in major cities. The Ford automobile was mass produced and one could be had for $290 — although it took 13 days to reach California from New York due to the lack of paved roads.And, On Aug. 26, 1920, women were granted political power for the first time. }} Social Darwinism/Eugenics: Social Darwinism was a popular theory of society that emerged in the late 19th/early 20th century. It was the ideology that people are the products of their social environments– that poverty is in fact a social condition and that people become criminals because of social and economic conditions, etc. It developed the belief that society's problems were not caused by oppressive economic conditions, but rather that social problems were caused by genetic inferiority.This was adopted by many wealthy and upper-class Americans and was related to the development of the ideology of â€Å"Social Darwinism,† the idea that certain people were â€Å"genetically† more fit and that the more fit legitimately had  the right to rule the inferior. The idea that poverty, crime and ignorance are a product of social conditions was a threat to the dominant members of society because the call was for these dominant members of society to reform their ways to create increased equality for all people.It is out of all of these ideas that the America n eugenics programs began, funded by wealthy Americans such as Andrew Carnegie and John Rockefeller. The idea was that people were born poor or born criminal, etc. They were â€Å"bad seeds†, and thus the problem of poverty was not really a social problem, it was a problem of bloodline, to be fixed by selective breeding programs, forced sterilization, and the maintenance of â€Å"racial purity†. Racial purity was the idea that races â€Å"should not mix† out of the fear that if whites and blacks ixed the inferior black bloodline would â€Å"corrupt† the white bloodline, leading to more crime, poverty, and ignorance. Between 1900 and 1930 in the United States, support for eugenics continued to grow. The fallacy of selective breeding in humans was only realized when the wealthy were suddenly poor, and the reality of genocide had demonstrated the extreme end of eugenics—in other words, with the shock of the Great Depression and the rise of Adolf Hitle r in Nazi Germany, which ushered in the Holocaust.But the dissolution of eugenics in the United States was a slow process, because racial discrimination persisted. Involuntary sterilization laws, enacted in the early 1900s, were finally repealed in 1979. The Red Scare: The Red Scare of 1919 occurred at a time when the American people felt threatened by the rising tide of Communism in Russia, widespread labor unrest, and the often bizarre forms of Anarchism and Anarcho-syndicalism that were supported by some recent immigrants from Southern and Eastern Europe.The Scare itself was caused by the revelation in April of that year that a militant Communist group existed in the United States, and that it was plotting to send mail bombs to a number of prominent figures in the government (Supreme Court Justice Oliver Wendell Holmes, for example) and several rich capitalists (J. P. Morgan and John D. Rockefeller, among others). On June 2nd 1919, bombs exploded in eight different cities within an hour of each other. One of the targets was Attorney General A. Mitchell Palmer, whose home was bombed. He was unharmed, but very angry! The most important government response was the beginning of the Palmer Raids.These were a series of mass arrests and deportations of immigrants who were suspected of being Communists or radicals. Between 4,000 and 10,000 individuals were arrested over the next two years. (J. Edgar Hoover, only 24 at the time, was placed in charge of the Raids). Prisoners were questioned without access to attorneys and their bail was often set so high none could afford it. Many were beaten during their arrest or questioning. The raids were initially highly praised by the public and press. In the early years of the 1920s, the scare seemed to disappear as quickly as it had begun. Immigration:Passed in 1924, this law placed a limit on immigration. Americans were becoming outraged at the amount of jobs they were losing to immigrants and there was also a wide-spread pa nic of potential spies amongst the immigrants. The act sharply restricted the total number of immigrants who could come to the United States and established quotas for various nationality groups. The chief purpose of the act was to limit the number of â€Å"less desirable† immigrants from southern and eastern Europe and from Japan, many of whom had played a vital role in the nation's industrial development. The Prohibition:Prohibition was a period of nearly fourteen years of U. S. history in which the manufacture, sale, and transportation of liquor was made illegal. It led to the first and only time an Amendment to the U. S. Constitution was repealed. After the American Revolution, drinking was on the rise. To combat this, a number of societies were organized as part of a new Temperance movement which attempted to dissuade people from becoming intoxicated. At first, these organizations pushed moderation, but after several decades, the movement's focus changed to complete proh ibition of alcohol consumption.The Temperance movement blamed alcohol for many of society's ills, especially crime and murder. Saloons, a social haven for men who lived in the still untamed West, were viewed by many, especially women, as a place of debauchery and evil. Prohibition, members of the Temperance movement urged, would stop husbands from spending all the family income on alcohol and prevent accidents in the workplace caused by workers who drank during lunch. Changing Role of Women: The Nineteenth Amendment gave women the right to vote.It was proposed on June 4, 1919 and ratified on August 18, 1920. Consequently, the impact of this was enormous–it gave to women the same power and control that men had, although still held back by the values of the day. But it did create a strong influence and created a cultural impact. It gave women of the era more confidence and a sense that they could accomplish more. –and a thirst for more freedoms in a world where previousl y they were considered second class and only as a man's property. The lifestyle changes of the 1920's showed how big and important that impact was.Women became much more confident and wanted to utilize this new â€Å"power† in other areas, too. They gave up many of the â€Å"controlling† aspects of the Victorian age, from the long and buttoned up clothes to new aspects of personal freedom–they started to live outside the confines of being a wife and homemaker–women got jobs outside the home, they started playing sports, they shortened their dressed and bobbed their hair–and had fun! The Roaring Twenties was a new age, and an age where women first started enjoying more freedom and influence.That has continued on to this day, although there is still work needed to level the playing field between men and women. Technology: He had a huge impact on society by inventing and mass producing the Model-T car, which made cars all the rage from that point onwa rd. He is basically the father of the modern auto industry. He also helped America out of the Depression when he contributed to build the Hoover Dam, which at the time when it was built was the largest hydro-electric dam in the world.Aviation Technology: Charles A. Lindbergh did not just open a passageway to Europe; he opened up the hopes and interests of people who never thought they would see beyond their continental boundaries. His flight opened up possibilities. Prior to Lindbergh’s transatlantic flight, it seemed travel was confined to the ground or the sea; and even cars and wagons were blocked by waterways or treacherous terrain, and boats exposed to rough seas. Travel had boundaries rior to Lindbergh’s flight across the Atlantic, but after his flight people could see beyond those boundaries. Works Cited: Social Darwinism: Consequences: http://rationalrevolution. net/articles/rise_of_american_fascism. htm http://www. vectorsite. net/taevo_05. html Fallacy brough t to light: http://www. freemarketfoundation. com/ShowArticle. asp? ArticleType=Publication&ArticleID=170 http://immigration. laws. com/national-origins-act

Reasonable Fear of Imminent Danger: Good Social Policy

Reasonable Fear of Imminent Danger: Good Social Policy? BY gotten Reasonable Fear of Imminent Danger: Good Social Policy? Giovanni Mike 4324324 LISTENED 1001 sum 13 Professor James Barney A sobering fact Is that our government has a monopoly on the use of force, but It cannot protect everyone at all times In an Immediate fashion. Joel samara, criminal Law, at 1 55 (1 lath De. 2014). Therefore, citizens are permitted to use proportional force in a â€Å"self-help† fashion as long as 1. The necessity is great 2. The need exists â€Å"right now' 3. The force is used for prevention only. D. At 155. However, preemptive tribes or retaliation are not justifications for force used in self-defense. ‘d, at 155. There are also four elements of self-defense: unprovoked attack, necessity, proportionality, and reasonable belief. ‘d, at 156. The first three were alluded to earlier and are fairly self-explanatory, but reasonable belief will be the primary focus in this discussion . This element requires that a defender must have the â€Å"reasonable† belief that It's necessary to use deadly force to neutralize an Imminent deadly attack. D, at 156. However, what Is â€Å"reasonable fear? † How does It play out In the courtroom? Is the burden on the person using force against an aggressor to show that he or she possessed â€Å"reasonable fear? † Does this requirement change whether a person is at should be look into whether the person using deadly force had a â€Å"reasonable† opportunity to retreat and avoid violence? Should we offer civil immunity to those who used deadly force legitimately? Overall, are the recently more aggressive self- defense laws good for public policy?Do they allow those with â€Å"itchy' trigger fingers to have a virtual license to kill, or do they take an extra necessary step to put the safety f law-abiding citizens ahead of the concerns of violent law-breakers? Newer self- defense laws, such as the one p assed by Florida, unnecessarily presume â€Å"reasonable fear† in defending one's home and fail to adequately consider whether a person using deadly force had a duty to retreat (in public spaces) when violence could have been easily avoided.Citizens should reasonably be expected to show that their deadly use of force was Justified due to their legitimate fear for their safety whether they're at home or in public; they're burden of proof shouldn't be beyond a seasonable doubt since the prosecution could probably cast doubt on this with relative ease since it's based on the subjective measurement of fear. Subtle wording differences in these laws can sway protections to either the aggressor or defender in these situations?it's critical to strike a healthy balance. So how did we get to the self-defense laws used today?According to Joel Samara, Criminal Law, at 164 (1 lath De. 2014), since the thirteenth century English common law required that a person had to prove that he'd â₠¬Å"retreated to the wall† before being Justified in killing another errors. The US began to reject this practice in the nineteenth century and replaced it with a â€Å"no duty to retreat† requirement, which holds that a person can be Justified in killing someone in self-defense. ‘d, at 164. This new approach to the use of force by the common man was thought to be more accommodating to the bravery of a â€Å"true man. † ‘d, at 164.This â€Å"true man† was thought to be someone who would do whatever he had to do to protect his wife, kids, and the nation. ‘d, at 165. Legislators and judges carved out the â€Å"stand your ground† rule from these previously mention values, which states that if a man didn't start the fight they could stand their ground and kill in self-defense without having to retreat from a place they had a legal right to be. ‘d, at 165. Also, the retreat rule was also created that obligates a person to retreat i f they â€Å"reasonably' believe that they're threatened with death or serious harm and they are able to retreat without continuing to be subject to this danger. D, at 165. Furthermore, the â€Å"castle doctrine† was created as an exception to the retreat rule when the context is within someone's home, where they have no duty to retreat as Eng as they reasonably believe there is an imminent threat of death or serious bodily harm. ‘d, at 165. Since 2005, more than forty states have passed or proposed new â€Å"castle doctrine† legislation intended to expand the right to use deadly force in self-defense. ‘d, at 172. Florida was the first state to pass this type of statute, and it continues to be the model for the rest of the states. D, at 172. Their statute states that a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm if: (a) The person against whom the defensive force was used as in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle (b) The person who used defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred†¦ Old, at 172.Pennsylvania, they have a right to be in (2) they believe that the use of deadly force is immediately necessary to prevent death, serious bodily injury, kidnapping, or rape (3) the aggressor displays or uses a firearm (or replica) or any other deadly weapon. Joshua Light, The Castle Doctrine?The Lobby is my Dwelling, Volvo 22 Widener Law Journal 236 These types of laws do not exist without controversy, since there are those (2012). That claim that they give citizens a virtual â€Å"license to kill. † Supra, at 174.On one side, people like Marion Hammer, president of the National Rifle Association, contend that these new laws are Just protecting a right that has been around since the asses and that we shouldn't have a duty to retreat only to get chased down and beaten to death. ‘d, at 174. Indeed, Florist's intent when they passed their castle-doctrine law n 2005 was that it was â€Å"necessary to restore absolute rights of law abiding people to protect themselves, their families, and others, and their property from intruders and attackers without fear of prosecution or civil action.Wyatt Holiday, The Answer to Criminal Aggression is Retaliation: Stand-your-Ground Laws and the Liberalizing of Self-Defense, Volvo 43 University of Toledo Law Review 417 (2012). Supporters of the castle doctrine-type laws recognize that there are times when the government's monopoly on violence must be set aside to allow law-abiding citizens to protect themselves when time is limited. Benjamin Levin, A Defensible Defense? : Reexamining Castle Doctrine Statues Volvo 47 Harvard Journal on Legislation 540 (2010).When an aggressor poses an immediate threat, the defender's preservation of self should take precedence over the aggressor's culpability. ‘d, at 539. Others like Jim Brady from The Brady Campaign believe that these laws are â€Å"ushering in a violent new era where civilians have more freedom to use deadly force than even the police. † Samara, Criminal Law, at 174 (2014). They also claim that these laws allow those who have an â€Å"itchy trigger finger† to simply claim that they were in fear and therefore justified in using deadly force. ‘d, at 174.To make things even more complex, states have their own versions of the law that are still in flux and fairly open to interpretation by courts?it is not always straightforward when someone is legally entitled to use deadly force to protect themselves. Levin, A Defensible Defense 534-536 (2010). What does â€Å"reasonable fear† even mean? Unfortunately, this is not easy to answer. Ohio's depiction of reasonable fear is somewhat helpful: the actor using deadly force must have a bona fide belief that he/she was in imminent danger f death or great bodily harm and the only means of escape was to use deadly force in retaliation.Wyatt Holiday, The Answer to Criminal Aggression is Retaliation: Stand- Your-Ground Laws and the Liberalizing of Self-Defense, Volvo 43 University of Toledo Law Review 425 (2012). The â€Å"honest† and â€Å"reasonable† requirements make it seem like a hybrid objective/sub]active requirement, but it's still a subjective standard as highlighted by the Ohio Supreme Court. ‘d, at 424. This court's instructions on this standard recommended that to determine whether a defendant had reasonable fear of imminent danger: †¦ U must put yourself in the position of the Defendant, with her characteristics, knowledge, or lack of knowledge, and under the same circumstances and conditions that surrounded the Defendant at the time. You must consider the conduct of [the victim] and determine if such acts and words caused the Def endant to reasonably and honestly believe that she was about to be killed or â€Å"reasonable fear† is so subjective, because of the wide range of situations people find themselves in; it doesn't seem feasible to create an objective test that measures such a subjective and virtually immeasurable emotion such as fear.Keep in mind how the law mentions that the only means of escape is the use of deadly force. Even though â€Å"reasonable fear† is such a subjective concept, it still has an impact in the courtroom compared to how self-defense laws used to be written. Before Stand- Your-Ground laws came about, defendants had the burden to show that their life and limb was actually in danger. Light at 234 (2012). Now, in certain Jurisdictions, citizens have to only prove that they had a â€Å"reasonable fear† that their life and limb were at jeopardy, and that they believed that deadly force was immediately necessary to peel this threat. D, at 234. This amounts to a sm aller burden of proof on the defendant, which is more challenging for the prosecution because disproving facts is a lot easier than disproving perceptions. ‘d, at 234. Is this a fair balance? The â€Å"reasonable fear† requirement is fair since it allows the state to make an inquiry into whether deadly force was used in a legitimate fashion without putting an excessive burden on citizens to Justify their use of force that can be easily defeated by prosecuting attorneys. What about the â€Å"duty to retreat? Should it still play a part n today's laws? Eric Del Bozo, Retreat Does Not Equal Surrender: Defensive Deadly Force in Dwellings After People v. Keen, Volvo 82 SST. John's Law Review 360-381 (2008) points out that the duty to retreat should still play a part in these self-defense laws, especially when retreat is a safe and reasonable option that could save a lot of violence. He concedes, however, that â€Å"one need not calmly evaluate exit strategies when faced wi th a pressing danger, for detached reflection cannot be demanded in the presence of an uplifted knife. ‘d, at 364. Also, it isn't reasonable to focus in midnight at whether the defendant could have safely retreated, which is a reason why â€Å"reasonable fear† is appropriate in order to focus on what the person knew at the time. ‘d, at 364. The way retreat is treated as an option and the thoughts of the person using force varies among states and even Jurisdictions within those states; some deemphasize the need to retreat while others focus more on the Justification of force and options for retreat. ‘d, at 363-364.In 2006 alone though, between 10 and 15 states repealed their laws that required persons to consider retreat before using defensive deadly force. D, at 377. This might not bode well in a case where a person shoots his neighbor over an argument over trash bins; Del Bozo suggests that stories making headlines tend to be neighbors and acquaintances fre ely assaulting each other rather than repelling home invasions. ‘d, at 377. However, he doesn't offer any statistics or empirical evidence that there is a trend in unjustifiable killings due to these laws.Nonetheless, the duty to retreat still has merit to allow the whole situation to be analyzed in court, and hold people accountable who may engage in â€Å"senseless† killings. ‘d, at 378. The prosecution should be able to show that retreat was indeed a viable option out of a respect for human life; there must be a balance between protecting the safety of both the assailant and the victim, but retreat should be looked at with the burden being on the non-aggressor. ‘d, at 380. There are five different concerns that law enforcement authorities have concerning these new and more aggressive self-defense laws.One unintended consequence could be police officers since citizens Just have to claim that they have â€Å"reasonable fear† in order to use deadly fo rce. ‘d, at 175. On the other hand, Florist's statute contains a revision which holds that citizens are not Justified in using deadly force against law enforcement officers as long as they are acting in an official capacity, have identified themselves as a police officer, or the person using force should have â€Å"reasonably' known it was a law enforcement officer. D, at 173. Indiana struggled with this unintended consequence, but actually ended up ruling that citizens cannot reasonably use deadly force against law enforcement officers. Jon Laramie, Indiana Constitutional Development: Debtors, Placements, and the Castle Doctrine, Volvo. 45 Indiana Law Review, 1049-1051 (2012). In Barnes v. Tate, 946 N. E. Ad 572 (2011), the Indiana Supreme Court stated that â€Å"public policy disavows recognizing a common law right to forcibly resist unlawful police entry into one's home. ‘d, at 1050. They also recognized that it isn't easy for citizens to recognize when a given poli ce entry is lawful or not, that injury is high due to upgrades in police equipment, and citizens have other remedies for unlawful entries (civil litigation, police disciplinary hearings, exclusionary rule, etc. ) ‘d, at 1050. The court did concede that a person has the right to â€Å"reasonably resist† an unlawful entry, but this doesn't amount to a defense of eatery or other violent acts against law enforcement. D, at 1051. The court also claimed that most other states have followed suite in this decision in the interest of law enforcement safety. ‘d, at 1050. Another concern is that the interpretation of these castle-type laws is in its infancy. Some believe that law enforcement training will constantly have to adapt to changing views on these laws, and that it will be almost impossible for police officers to determine whether these new laws are being invoked [applied properly. Supra, at 176.The next concern is that instead of Just avian to determine whether dan ger was imminent or there was a duty to retreat in a public place, police officers will now have to anticipate more â€Å"self-defense† claims. ‘d, at 176. This will increase the investigative burdens on officers, and proving a negative is difficult when the evidence is â€Å"in the hands of the defendant. † ‘d, at 176. This concern is exacerbated by the fact that law enforcement agencies are often understaffed and are already overworked. ‘d, at 176.Furthermore, police authorities are worried that these new laws will lead to a sort of apathy and degradation of vigilance among officers. D, at 176. They may get used to seeing â€Å"self- defense† claims and may dig deep enough into every claim as these new castle-type laws call for, especially if both parties have criminal records. ‘d, at 176. The last concern of law enforcement on castle-type laws are that citizens (a) will not be adequately aware of their right to use force in self-defens e and (b) will be considered a deterrence by criminals who may now view them as more able to defend themselves. D, at 176. Overall, people might feel safer because they are given more latitude to protect themselves, but they may not since they might be worried about there with â€Å"itchy trigger fingers. † ‘d, at 177. Also, there is a lack of empirical evidence that shows that the positive impacts outweigh the positive negative impacts. ‘d, at 177. However, the ironic part is that we will not know if these types of laws will â€Å"work† unless we employ them uniformly on a generalize sample size (many states/ jurisdictions) and then evaluate them over time using sound research methods. Ensure that citizens are able to defend themselves when they legitimately need to. Nobody said it would come without any consequences at all. A legal issue with hose castle doctrine-type laws according to Elizabeth Mega, Deadly Combinations: How Self-Defense Laws Pairing Imm unity with a Presumption of Fear Allows Criminals to â€Å"Get Away with Murder,† Volvo 34 American Journal of Trial Advocacy 105-134 (2010), is that reasonable fear and immunity can combine to create a virtual bar on prosecution for self-defense cases involving an individual's â€Å"castle. The state of Florida provides both a presumptive reasonable fear clause and an immunity clause; reasonable fear by itself can be rebutted by the prosecution at a later time, but immunity won't ever allow that to happen. D, at 108. Mega contends that such an â€Å"irrefutable conclusion† is unconstitutional and puts law enforcement in an awkward position to determine immunity. ‘d, at 108. Also, once immunity is granted it cannot be withdrawn and someone who was entitled to immunity cannot fight for it later on. ‘d, at 109.However, if someone is outside of their home they have to prove the reasonableness of their use of force before being qualified for immunity?this is p resumed in cases involving the home and motor vehicles though. ‘d, at 113.. Furthermore, at least in situations located at the defender's home, Florist's law sakes it impossible to make the determination that the defender's use of force was unlawful. ‘d, at 118. The law contains a provision that states that reasonable fear can be â€Å"presumed† when a person uses deadly force in the protection of their home?the police cannot make a probable cause determination. D, at 119. Florist's law puts law enforcement in a situation where they have to make determinations on the spot that prosecutors would normally make: they have to make determinations of immunity and attempt to disprove a presumption rather than establish a case. ‘d, at 120. Law enforcement normally investigate â€Å"unlawful† acts, but Florist's law tells officers to presume that acts of violence within the home are â€Å"lawful. † ‘d, at 121 . As for how to fix these statutory is sues, Mega contends that they are beyond fixing with Just guidelines and require rewording.Police could become so dependent on the guidelines that they may fail to see the big picture, defendants could end up in Jail trying to assert immunity, law enforcement may not understand the guidelines, and law enforcement have to engage in prosecutorial duties that they were not trained to do. D, at 130. Although â€Å"immunity' certain presents more problems, what about â€Å"reasonable fear† itself? Mega claims that the previous duty to retreat laws still allowed someone to use force, but only when there is no safe method of retreat. ‘d, at 115.In this way, common law held the respect for life on a higher level than the right to possess and use a gun. ‘d, at 115. However, with the new castle-type laws individuals can now react violently with little incentive to try and diffuse the situation by safely retreating. ‘d, at 115. The duty to retreat makes someone think twice about sing force instead of harming someone before considering whether an actual threat exists. ‘d, at 116. With these new Stand Your Ground and castle-type laws, individuals are authorized to act violently in the face of a â€Å"perceived† threat, which is very subjective and open to interpretation. D, at 129. In Florida, however, the law allows the state to prosecute individuals when probable cause is established that the force used was unlawful, at least outside of one's home. ‘d, at 130. This type of provision who use deadly force in a senseless or reckless manner without giving reasonable Hough into whether they're really facing impending danger. As mentioned earlier though, in the heat of the moment people's perceptions and their ability amount to think clearly in these intense situations will vary. How does â€Å"reasonable fear† play out in the context of a Jury trial?Stay Lee Burns, Demonstrating â€Å"Reasonable Fear† at Trial: Is it Science or Junk Science? Department of Sociology, Loyola Martyrdom University, Los Angles, CA 107-131 (2008) examined one murder trial in depth that involved reasonable fear. In this case, the Maddened brothers were charged and invoiced of first degree murder for shot-gunning their parents in their own home in August 1989. ‘d, at 109. During the trial, they confessed to parricide but claimed they held reasonable fear because of their prior sexual abuse by their father and acted in self-defense Justification defense). D, at 110. The Jury deadlocked at the first trial, which indicates the ambiguousness that reasonable fear can have at trial. ‘d, at 129. The defense proposed expert testimony that would show that the abuse the defendants underwent altered their mental state at the time of the killings because heir susceptibility to fear and perception of imminent danger were heightened. ‘d, at 112. U Timely, the Judge did not allow expert testimony pertaining to what h appened in the Maddened brothers' situation, but could attempt to generalize prior research on fear perception.Although there has been research on the limbic system, the part of the brain that processes fear, for the lastly years the results are far from conclusive and there is no test available that can show what the Maddened brothers' fear levels were at the time of the killing or whether their susceptibility had indeed been heightened because of trauma. ‘d, at 118- 127. Social science is only able to provide statistics and the likelihood that the Maddened brothers would act a certain way in a given situation. ‘d, at 122.There is a blood test available that can give insight into what a person's level of fear is, but the sample would have to be taken right at the moment of the crime (not feasible). ‘d, at 124. This case illustrates the tension between social science and the Judicial system that requires facts to relate to the particular case at hand. ‘d, at 128. It came down to what the Jury felt was â€Å"reasonable fear,† and how much they thought the expert testimony applied to the Maddened ease?it's no surprise that the Jury ended up deadlocked. D, at 128-129. In conclusion, the â€Å"reasonable fear† requirement is fair since it allows the state to make an inquiry into whether deadly force was used in a legitimate fashion without putting an excessive burden on citizens and giving too much of an advantage to prosecuting attorneys. Although â€Å"duty to retreat† shouldn't be strictly imposed or evaluated in hindsight, it is still applicable in situations where violence could have been easily avoided by practically walking away.While there are legitimate concerns such as Alice safety in no-knock searches with these more aggressive self-defense laws, the sad fact remains that little empirical evidence is out to date that shows any negative or positive trends associated with these laws. In addition, these laws and their interpretation are still in their infancy and are written differently among the states and their Jurisdictions. A legal issue that may not be empirically measurable, however, is how reasonable fear can be paired with immunity to create a bar on prosecution of those defending their home perhaps too readily.These people should burden of proof that can easily be discredited. Additionally, this presumption would leave police officers with the difficult task of making determinations on the spot that would normally be left to prosecuting attorneys. As for immunity, citizens should be granted immunity from civil litigation if their use of deadly force was Justified; they shouldn't have to be mired with legal action from the aggressor after they've already been in court.The Maddened case illustrates the limitations of science to prove reasonable fear in a court setting, and can only offer potential generalizations and statistics. Bottom line, â€Å"reasonable fear† ends up get ting determined by Juries, which ay not be that easy or uniform. Overall, the new and more aggressive self-defense laws are good for public policy with the exception of the presumption of reasonable fear in situations involving defending one's home.These laws necessarily give citizens more latitude in defending themselves without an undue burden of having to sit there and think about whether they should retreat or fear of future civil litigation. However, those who are inclined to resort to violence in the face of any perceived threat need to justify their actions in order to prevent senseless killings. They should only have to how that they had reasonable fear without a heavy burden of proof that prosecutors can easily defeat, which could be the beyond a reasonable doubt standard.An understandable concern is that these new laws will put a further burden on an already stressed and backlogged criminal Justice system, but we cannot put police officers in a position to try to make thes e determinations on the spot. We also cannot allow potential senseless killings to go unchallenged. Omitting the presumption clause and putting a little more emphasis on retreat options can better balance the defender's right of safety and the aggressor's culpability.

A Game of Thrones Chapter Nine

Tyrion Somewhere in the great stone maze of Winterfell, a wolf howled. The sound hung over the castle like a flag of mourning. Tyrion Lannister looked up from his books and shivered, though the library was snug and warm. Something about the howling of a wolf took a man right out of his here and now and left him in a dark forest of the mind, running naked before the pack. When the direwolf howled again, Tyrion shut the heavy leatherbound cover on the book he was reading, a hundred-year-old discourse on the changing of the seasons by a long-dead maester. He covered a yawn with the back of his hand. His reading lamp was flickering, its oil all but gone, as dawn light leaked through the high windows. He had been at it all night, but that was nothing new. Tyrion Lannister was not much a one for sleeping. His legs were stiff and sore as he eased down off the bench. He massaged some life back into them and limped heavily to the table where the septon was snoring softly, his head pillowed on an open book in front of him. Tyrion glanced at the title. A life of the Grand Maester Aethelmure, no wonder. â€Å"Chayle,† he said softly. The young man jerked up, blinking, confused, the crystal of his order swinging wildly on its silver chain. â€Å"I'm off to break my fast. See that you return the books to the shelves. Be gentle with the Valyrian scrolls, the parchment is very dry. Ayrmidon's Engines of War is quite rare, and yours is the only complete copy I've ever seen.† Chayle gaped at him, still half-asleep. Patiently, Tyrion repeated his instructions, then clapped the septon on the shoulder and left him to his tasks. Outside, Tyrion swallowed a lungful of the cold morning air and began his laborious descent of the steep stone steps that corkscrewed around the exterior of the library tower. It was slow going; the steps were cut high and narrow, while his legs were short and twisted. The rising sun had not yet cleared the walls of Winterfell, but the men were already hard at it in the yard below. Sandor Clegane's rasping voice drifted up to him. â€Å"The boy is a long time dying. I wish he would be quicker about it.† Tyrion glanced down and saw the Hound standing with young Joffrey as squires swarmed around them. â€Å"At least he dies quietly,† the prince replied. â€Å"It's the wolf that makes the noise. I could scarce sleep last night.† Clegane cast a long shadow across the hard-packed earth as his squire lowered the black helm over his head. â€Å"I could silence the creature, if it please you,† he said through his open visor. His boy placed a longsword in his hand. He tested the weight of it, slicing at the cold morning air. Behind him, the yard rang to the clangor of steel on steel. The notion seemed to delight the prince. â€Å"Send a dog to kill a dog!† he exclaimed. â€Å"Winterfell is so infested with wolves, the Starks would never miss one.† Tyrion hopped off the last step onto the yard. â€Å"I beg to differ, nephew,† he said. â€Å"The Starks can count past six. Unlike some princes I might name.† Joffrey had the grace at least to blush. â€Å"A voice from nowhere,† Sandor said. He peered through his helm, looking this way and that. â€Å"Spirits of the air!† The prince laughed, as he always laughed when his bodyguard did this mummer's farce. Tyrion was used to it. â€Å"Down here.† The tall man peered down at the ground, and pretended to notice him. â€Å"The little lord Tyrion,† he said. â€Å"My pardons. I did not see you standing there.† â€Å"I am in no mood for your insolence today.† Tyrion turned to his nephew. â€Å"Joffrey, it is past time you called on Lord Eddard and his lady, to offer them your comfort.† Joffrey looked as petulant as only a boy prince can look. â€Å"What good will my comfort do them?† â€Å"None,† Tyrion said. â€Å"Yet it is expected of you. Your absence has been noted.† â€Å"The Stark boy is nothing to me,† Joffrey said. â€Å"I cannot abide the wailing of women.† Tyrion Lannister reached up and slapped his nephew hard across the face. The boy's cheek began to redden. â€Å"One word,† Tyrion said, â€Å"and I will hit you again.† â€Å"I'm going to tell Mother!† Joffrey exclaimed. Tyrion hit him again. Now both cheeks flamed. â€Å"You tell your mother,† Tyrion told him. â€Å"But first you get yourself to Lord and Lady Stark, and you fall to your knees in front of them, and you tell them how very sorry you are, and that you are at their service if there is the slightest thing you can do for them or theirs in this desperate hour, and that all your prayers go with them. Do you understand? Do you?† The boy looked as though he was going to cry. Instead, he managed a weak nod. Then he turned and fled headlong from the yard, holding his cheek. Tyrion watched him run. A shadow fell across his face. He turned to find Clegane looming overhead like a cliff. His soot-dark armor seemed to blot out the sun. He had lowered the visor on his helm. It was fashioned in the likeness of a snarling black hound, fearsome to behold, but Tyrion had always thought it a great improvement over Clegane's hideously burned face. â€Å"The prince will remember that, little lord,† the Hound warned him. The helm turned his laugh into a hollow rumble. â€Å"I pray he does,† Tyrion Lannister replied. â€Å"If he forgets, be a good dog and remind him.† He glanced around the courtyard. â€Å"Do you know where I might find my brother?† â€Å"Breaking fast with the queen.† â€Å"Ah,† Tyrion said. He gave Sandor Clegane a perfunctory nod and walked away as briskly as his stunted legs would carry him, whistling. He pitied the first knight to try the Hound today. The man did have a temper. A cold, cheerless meal had been laid out in the morning room of the Guest House. Jaime sat at table with Cersei and the children, talking in low, hushed voices. â€Å"Is Robert still abed?† Tyrion asked as he seated himself, uninvited, at the table. His sister peered at him with the same expression of faint distaste she had worn since the day he was born. â€Å"The king has not slept at all,† she told him. â€Å"He is with Lord Eddard. He has taken their sorrow deeply to heart.† â€Å"He has a large heart, our Robert,† Jaime said with a lazy smile. There was very little that Jaime took seriously. Tyrion knew that about his brother, and forgave it. During all the terrible long years of his childhood, only Jaime had ever shown him the smallest measure of affection or respect, and for that Tyrion was willing to forgive him most anything. A servant approached. â€Å"Bread,† Tyrion told him, â€Å"and two of those little fish, and a mug of that good dark beer to wash them down. Oh, and some bacon. Burn it until it turns black.† The man bowed and moved off. Tyrion turned back to his siblings. Twins, male and female. They looked very much the part this morning. Both had chosen a deep green that matched their eyes. Their blond curls were all a fashionable tumble, and gold ornaments shone at wrists and fingers and throats. Tyrion wondered what it would be like to have a twin, and decided that he would rather not know. Bad enough to face himself in a looking glass every day. Another him was a thought too dreadful to contemplate. Prince Tommen spoke up. â€Å"Do you have news of Bran, Uncle?† â€Å"I stopped by the sickroom last night,† Tyrion announced. â€Å"There was no change. The maester thought that a hopeful sign.† â€Å"I don't want Brandon to die,† Tommen said timorously. He was a sweet boy. Not like his brother, but then Jaime and Tyrion were somewhat less than peas in a pod themselves. â€Å"Lord Eddard had a brother named Brandon as well,† Jaime mused. â€Å"One of the hostages murdered by Targaryen. It seems to be an unlucky name.† â€Å"Oh, not so unlucky as all that, surely,† Tyrion said. The servant brought his plate. He ripped off a chunk of black bread. Cersei was studying him warily. â€Å"What do you mean?† Tyrion gave her a crooked smile. â€Å"Why, only that Tommen may get his wish. The maester thinks the boy may yet live.† He took a sip of beer. Myrcella gave a happy gasp, and Tommen smiled nervously, but it was not the children Tyrion was watching. The glance that passed between Jaime and Cersei lasted no more than a second, but he did not miss it. Then his sister dropped her gaze to the table. â€Å"That is no mercy. These northern gods are cruel to let the child linger in such pain.† â€Å"What were the maester's words?† Jaime asked. The bacon crunched when he bit into it. Tyrion chewed thoughtfully for a moment and said, â€Å"He thinks that if the boy were going to die, he would have done so already. It has been four days with no change.† â€Å"Will Bran get better, Uncle?† little Myrcella asked. She had all of her mother's beauty, and none of her nature. â€Å"His back is broken, little one,† Tyrion told her. â€Å"The fall shattered his legs as well. They keep him alive with honey and water, or he would starve to death. Perhaps, if he wakes, he will be able to eat real food, but he will never walk again.† â€Å"If he wakes,† Cersei repeated. â€Å"Is that likely?† â€Å"The gods alone know,† Tyrion told her. â€Å"The maester only hopes.† He chewed some more bread. â€Å"I would swear that wolf of his is keeping the boy alive. The creature is outside his window day and night, howling. Every time they chase it away, it returns. The maester said they closed the window once, to shut out the noise, and Bran seemed to weaken. When they opened it again, his heart beat stronger.† The queen shuddered. â€Å"There is something unnatural about those animals,† she said. â€Å"They are dangerous. I will not have any of them coming south with us.† Jaime said, â€Å"You'll have a hard time stopping them, sister. They follow those girls everywhere.† Tyrion started on his fish. â€Å"Are you leaving soon, then?† â€Å"Not near soon enough,† Cersei said. Then she frowned. â€Å"Are we leaving?† she echoed. â€Å"What about you? Gods, don't tell me you are staying here?† Tyrion shrugged. â€Å"Benjen Stark is returning to the Night's Watch with his brother's bastard. I have a mind to go with them and see this Wall we have all heard so much of.† Jaime smiled. â€Å"I hope you're not thinking of taking the black on us, sweet brother.† Tyrion laughed. â€Å"What, me, celibate? The whores would go begging from Dorne to Casterly Rock. No, I just want to stand on top of the Wall and piss off the edge of the world.† Cersei stood abruptly. â€Å"The children don't need to hear this filth. Tommen, Myrcella, come.† She strode briskly from the morning room, her train and her pups trailing behind her. Jaime Lannister regarded his brother thoughtfully with those cool green eyes. â€Å"Stark will never consent to leave Winterfell with his son lingering in the shadow of death.† â€Å"He will if Robert commands it,† Tyrion said. â€Å"And Robert will command it. There is nothing Lord Eddard can do for the boy in any case.† â€Å"He could end his torment,† Jaime said. â€Å"I would, if it were my son. It would be a mercy.† â€Å"I advise against putting that suggestion to Lord Eddard, sweet brother,† Tyrion said. â€Å"He would not take it kindly.† â€Å"Even if the boy does live, he will be a cripple. Worse than a cripple. A grotesque. Give me a good clean death.† Tyrion replied with a shrug that accentuated the twist of his shoulders. â€Å"Speaking for the grotesques,† he said, â€Å"I beg to differ. Death is so terribly final, while life is full of possibilities.† Jaime smiled. â€Å"You are a perverse little imp, aren't you?† â€Å"Oh, yes,† Tyrion admitted. â€Å"I hope the boy does wake. I would be most interested to hear what he might have to say.† His brother's smile curdled like sour milk. â€Å"Tyrion, my sweet brother,† he said darkly, â€Å"there are times when you give me cause to wonder whose side you are on.† Tyrion's mouth was full of bread and fish. He took a swallow of strong black beer to wash it all down, and grinned up wolfishly at Jaime, â€Å"Why, Jaime, my sweet brother,† he said, â€Å"you wound me. You know how much I love my family.†

My favorite philosopher Essay Example | Topics and Well Written Essays - 500 words

My favorite philosopher - Essay Example The paper starts with the Plato's history. Being born in a wealthy and powerful Athenians (Kemerling), Plato purposed to make wise use of such advantages in addition to his wit. For generations, many people have been witnessed who were endowed with money but have grown to squander their gifts. However, it was not so with Plato and that is just one thing I admire about him. Plato had been a student to Socrates, a well-known Athenian philosopher. To his being a student, I could say that he had been among those who did his responsibilities well. The knowledge that was passed on to him was not only recognized in his future life as a teacher himself but was embraced and lived to a full worth emulating. He is to the very sense of the word, a true philosopher worthy of being called such. Thinking could have been one of the very tasks he had been doing to the end of his life for indeed he did not just influence the branches of Science and Mathematics but even the sociological and political a spect of human beings. One of my favorite sayings from the master is this, "until philosophers are kings, or the king and princes of this world have the spirit and the power of philosophy, cities will never have rest from their evils nor the human race and then only will our states behold the light of day†. Of course I strongly agree with him on this thought because leaders should be thinkers. They should not be easily swayed by what are told of them nor what they externally see but they should be able to read the minds of people around them and the reasons why things happen in such and such a manner.

Strategic ManagementProvide a strategic analysis of Marks and Spencer Essay

Strategic ManagementProvide a strategic analysis of Marks and Spencer and make recommendations for its future development and direction - Essay Example Their finance division is currently tiny, but growing rapidly. 300 out of 379 stores are in the UK; their European stores are run as franchises; they also have US subsidiaries under different names. They sell 35% of the UK lingerie market, 25% of men's suits, and 50% of chilled ready meals. For more than half a century Marks & Spencer was the epitome of enlightened capitalism, dominating the British high street and providing shoppers with quality and value clothing unrivalled by competitors. Then in November 1998, profits began to fall and an attempted boardroom coup rocked the company to its core as a tale of ambition, treachery and incompetence unfolded. Within a few months the Press declared open season on what had been its favourite retailer and suddenly the company that had been unable to do any wrong, could do no right. New management and armies of consultants have worked frantically to reverse the trend and in the autumn of 2001, George Davies the creator of Next, launched a new range of fashionable clothes to tempt shoppers back. Whether or not he succeeds, Marks & Spencer may never regain its former status. Organization culture: It is the 'basic assumptions and beliefs that are shared by members of an organization, that operate unconsciously and define in a basic taken-for granted fashion an organization's view of itself and its environment'. Such taken-for-granted assumption are also likely to exist at the organizational level-the organizational paradigm-and can be especially important as an influence on the development of organizational strategy. The 80's saw a massive growth of interest in culture and symbolism in organisations by practitioners as well as academics. Culture and symbolism is about meaning and imagery. They are terms used to highlight the softer' features of organisation. The patterning of action within organisation is treated as a web of meanings and symbols rather than as a hard' structure or system. The key to both understanding organisations and to controlling organisations is seen to lie in their analysis as cultures (e.g. values, myths, ceremonies, etc.). The explanation of why people act as they do may lie not in a combination of "objective" and "subjective" factors, but in a network of meanings which constitute a "world taken for granted" (Schutz, (1964) by the participants. Indeed, "objective" factors, such as technology and market structure, are literally meaningful only in terms of the sense that is attached to them by those who are concerned and the end to which they are related... Organisations do not react to their environment, their members do. People act in terms of their own and not the observer's definition of the situation' (Silverman's, 1970) A key for sustainability of all organization is to change and evolve continuously to match with its environment out side its window in which it operates. Until the late 1990s M&S have been very successful. It worked to achieve this esteem by applying a structured formula to all its operations and maintained it by establishing a set of fundamental principles, which were held as core to the organization and used in all of its business activities since its birth. Their paradigm help them in the past but the same paradigm didn't worked in the

The most common types of assault and battery a nurse can be criminally Research Paper

The most common types of assault and battery a nurse can be criminally charged with - Research Paper Example The researcher opted for this research topic because it cuts across as unique when compared to most of the nursing research topics, which nursing students as well as other researchers usually study. This new study will bring fresh approach in studying about the nursing profession. Most commonly, researchers dwell on investigating about specific issues revolving nursing care. However, in respect to the increased cases of misconduct by nurses, it is of essence to carry out a study that will not only inform nurses of some of the acts that they do, which fit as assault and battery, but it will also seek to discourage such misconducts among nurses. From a student’s perspective, this research topic is important since it will enable the student to understand the clear distinction between assault and battery. Secondly, the nursing student will be able to know what acts or deeds constitute to either assault or battery. Thirdly, the nursing student will be able to know what the law says about assault and battery by nurses and the possible liability that an offending nurse can get because of his or her misconduct. To the nursing profession this research topic will help to highlight on the issue of ethical practices within the nursing profession, that is, what acts fit as ethical practices within the nursing profession, and most importantly what acts fit as unethical nursing practices. Secondly, this research topic will be significant to the nursing profession because it will highlight on the issue of accountability enshrined in nursing care. Johnstone (2009) notes that in the nursing profession, the practicing nurses have to be accountable to themselves, their patients, their employer (healthcare organization), the surrounding environment, which also includes the society and the nursing profession. In this regard, Johnstone (2010) stated that for every action that a

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Discuss the design needs for a plant producing a million tubs (150 ml) per week of fruit yoghurt, with emphasis on the hygiene aspects. Make clear your assumpt - Essay Example 8) Cheap labor - Labor is an important part of the business without whom any business can run successfully. Labor helps in flourishing a business. So it should be available in adequate amount and on cheap wages. 9) Others facilities - The structure of the plant should be well designed with proper lighting, ventilation, sanitation, cleanliness, rest rooms and waiting rooms, wash rooms etc. It should be spacious, noise-proof and have adequate number of large windows to allow the entry of maximum natural light and free circulation of natural air. It should have fire alarms and emergency alarms also. 10) There should be a proper place for the disposal of the waste material. This would help in maintaining the neat and clean surrounding and thus saving the environment from getting polluted and finally keeping the beauty of the nature at esteem. This diagram shows the working of different departments with each-other's cooperation and coordination. One is responsible to answer the other and the other is responsible and dutiful to help the rest of the departments. Like production department has to maintain the records of sales department as well as of purchase department because three of them are tightly knotted with each other. This diagram shows the working of different levels of management. ... Internal management of the plant:- This diagram shows the working of different departments with each-other's cooperation and coordination. One is responsible to answer the other and the other is responsible and dutiful to help the rest of the departments. Like production department has to maintain the records of sales department as well as of purchase department because three of them are tightly knotted with each other. This diagram shows the working of different levels of management. This type of structure is known as "Vertical division of labor". In this kind of scenario, the chief function of top managers, or executives, typically is to plan long-term strategy and oversee middle managers. Middle managers generally guide the day-to-day activities of the organization and administer top-level strategy. Low-level managers and laborers put strategy into action and perform the specific tasks necessary to keep the organization operating. Conclusion:- The success of the business not only dependent upon the architecture of the plant but also on the nature of the business, facilities available, activities performed and internal management of the plant i.e. how is work going on and the coordination and cooperation of the staff right from the lower level to middle level and finally to the top level. Design of the plant not only shows the impact of the owners of the business on the rest of the world including competitors but also their duty to present and build the strong infrastructure. Organization, Work & Technology are formerly known as Behaviors in Organizations so each is equally counted in terms of profit and reputation of the