Legal Defenses Essay

Introduction This paper will give brief description on three types of legal defenses and the elements of a crime, how the crime applies to the overall criminal procedure. It also will give a definition to what each element means. Legal Defenses and Their Definition A legal defense is one that satisfies all legal requirements of a court case. The three legal defenses I will be describing are insanity, self-defense, and mistake of fact. Insanity-his or her insanity at the time of a crime meant he or she could not rationally form mens rea to commit a criminal act. (Meyer & Grant, 2003) â€Å"Being insane at the time of one’s crime is a complete defense to crime. The idea is that the system should not punish people who do not possess mens rea. (Meyer & Grant, 2003) Different country uses the insanity tests. The most common one used is the M’Naqhten Rule, that a person is insane if he or she was doing, or literally did not know it was wrong. Self-defense-his or her actions were meant to protect him or herself from death or serious bodily harm. The victim of an actual or apparent deadly attack may kill another person if it is reasonably necessary to use such force to protect oneself from death or serious bodily harm. (Meyer & Grant, 2003) Self-defense is different from other defenses to crime in that the defendant who claims self-defense is actually asserting that she or he acted appropriately. Mistake of fact- the acts arose from an honest and reasonable mistake, such as accidentally picking up someone else’s umbrella instead of own. Mistake of fact is more akin to innocently switching briefcase at the airport because of being rushed. â€Å"Being in aware if or misunderstanding a law is a valid defense only under limited circumstances such as violations of confusing or complicated law like as the tax load. (Meyer & Grant, 2003) Crimes Elements â€Å"There are three elements that must be present in order for an act to be labeled a crime†. The three elements are actus reus, mens rea, and the concurrence. Actus Reus- â€Å"The Criminal Act† (the physical action of the crime) a person must act, or fail to act as required or expected, to meet the standard for actus reus (criminal act). Example, it is illegal to sell drugs or possess drugs but it is not illegal to be a drug addict. (Pearson CJI) Mens Rea â€Å"Guilty mind (intent or knowledge to commit a crime) this element is a key element in establishing that a crime has been committed. The following mental conditions may establish the presence of a guilty mind: 1. Purpose- when someone engages in a behavior or purpose. 2. Knowledge- when a person is practically certain of their actions will cause harm. 3. Recklessness- when a person engages in careless or risky behavior that increases the potential for harm; reckless behavior. 4. Negligence- when a person fails to do something that required, or they should have known better to act in a certain way, the behavior was negligent. (Pearson CJI) The Concurrence is the coexistence of acts reus and mens rea. â€Å"There must be a substantive relationship between the act and the mindset for a crime to have occurred.† A mean, hurtful, or malicious thought is not enough to establish a crime if no action The legal defense satisfies all legal requirements of a court case. Three elements have to have occurred in order for an act to be labeled as a crime. You can’t take a person to court on action that you believe to have happen it must be a physical action, intent or knowledge to commit a crime, or substantive relationship between the act and the mindset for a crime to have occurred. References CJI Interactive Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.

Alcoholism as a Social Problem Assignment Example | Topics and Well Written Essays - 1000 words

Alcoholism as a Social Problem - Assignment Example An alcoholic renders his or her family socially isolated from the larger society. The social ills of alcohol in society confirm why menace is a social problem. People who are not connected to the alcoholic are affected by an alcoholic’s action problem increase rate of workplace absenteeism and impairs productivity. Risky sexual activity, violence, crime, and automobile accidents happen due to alcoholism. National Institute on Alcohol Abuse and Alcoholism (2015) indicates that the prevalence of drinking in the United States in 2013 reached 86.8percent for persons aged 18 years and older. Binge and heavy drinking are the common forms of alcohol the inking that people of 18 years or older preferred. Heavy drinking leads to alcohol dependence and abuse and is responsible for 6.8 percent in the United States. National Institute of Health reveals that alcohol use disorders affect adults and youth who seek treatment and rehabilitative on from the problem in specialized facilities. At least 16.6 million adolescents have reported or found to have alcohol problems. Not only does alcohol lead to health disorders but also leads to deaths in American society. It is estimated that 88,000 people die from alcohol-related causes every year. Alcoholism has become a third preventable cause of death in the United States. NIAAA argues that misuse of alcohol has cost the U.S at least $223 billion since 2006 despite being a problem that can be prevented need. The global burden increases daily with alcoholism become ming responsible for 200 diseases and health conditions. Gifford (2009) argues that cancers, injuries, and liver cirrhosis have become prevalent in society.

'the best way to improve personality tests is to dump them'. Can the Essay

'the best way to improve personality tests is to dump them'. Can the use of such tests in business be made free from faking, distortion and less of an intrusion into personal liberty - Essay Example Would it be possible to rely upon him/her? Would s/he get along well with the existing team members? It has been proved that â€Å"declarative knowledge is predicted primarily by cognitive ability, whereas the motivational element of performance (indexed by ratings) is linked to personality†.1 Moreover, unless there are strict criteria of selection, some good candidates can be overlooked, while some irrelevant ones go to the second tour of recruitment process. Testing candidates is traditionally considered a good way out of the situation. However, a question arises whether or not the use of personality tests can be completely free from faking, distortion and less of an intrusion into personal liberty. A professional HR specialist can dig out a lot of information concerning the candidate’s personality from personal interview; however it cannot give a full account of a potential employee – in fact, it will only give the first impression of him or her. Besides, during an interview, there can be certain circumstances which would affect the objectiveness of HR manager’s judgements (personal bias towards or against a candidate, tiredness, headache, bad mood, intrusion of the third parties, etc.). On the other hand, same is valid for a candidate: s/he can feel bad, or come to the interview after a sleepless night, or after having a conflict, etc. All these would make testing results very far from reality. That is why, many professional HR-specialists are very prejudiced against using personality tests, as they think that the use of these tests can prevent them from understanding a real potential of every candidate. They prefer individual interview with candidates saying that it allows to determine the real motives of each of them, and simply have a good look at the potential employee. Nowadays, there are many

Character Analysis on EDNA from the novel The Awakening by Kate Essay

Character Analysis on EDNA from the novel The Awakening by Kate Choplin - Essay Example Bloom posits that women of this time were barred from agitating for their independence and self-actualization (51). In contrast, Edna rediscovers her self -worth and acknowledges her emotional urges. This makes her abandon her former, domineering husband. She later marries Robert. In all the maneuvers, Edna, in a bid to break free from the societal norms and expectation, finds that her independence will attract isolation from the society. This owes to the general belief of many women in the society during that time. According to Bloom, Edna’s husband also objects her clamor for independence given that he strongly believes in the doctrines of society pertaining to the position of a woman in society (39). In her pursuit of painting, Edna is able to realize the beauty of individual creation and architecture. This makes her seek self-independence, regardless of the inevitable hurdles of society. Her quest for independence is emotionally driven and events happen in a sequential manner with regard to her quest for autonomy. Robert’s passion for Edna’s love is not strong enough to overcome his sense of morality. In fact, the note that Robert leaves behind is evident to Edna that she was alone despite the fact that she has obtained the hard-earned independence and self-achievement. The note articulated the fact that Robert was not ready to contravene the societal norms pertaining to women. This confirms that loneliness presents room for the independence Edna desires. The discovery of self-expression by Edna informs her of her long overdue independence. In fact, the awakening of Edna makes her learn three new concepts, including the mode of expression for the Creole women. The Creole women express themselves in a free manner and share their feelings regardless of their chastity. In addition, Edna is challenged by their faithfulness and liberty. In this regard, Edna learns that she is the architect of her

Re-Thinking Marxs History Theory Essay Example | Topics and Well Written Essays - 500 words

Re-Thinking Marxs History Theory - Essay Example From this study it is clear that  both accounts hold one thing; that social classes are responsible for changes in human history. He also notes that conflict of contradiction is the root of historical change, which is the case in both propositions. In his explanations, there is a striking acceptance that humans are different from other animals because apart from adjusting to their environments, they establish constant relationships with them. According to both accounts, men are in constant bids to transform themselves through production and only do so while associating with others. Such relationships as the ones established between people and their environments become manifest in human relationships.  This study stresses that  there is some form of variation between the two theories, which emanates from the idea of self-consciousness. As much as there is an acknowledgement of the effect of social class, The German Ideology considers production as being the main cause of histori cal transformations. Marx still considers contradictions as the cause of history, but in a different format from the 18th Brumaire. According to German Ideology, true socialism evolved from the continued conflicts within the capitalist economies such as those of France. At that time, France was more economically advanced than Germany, his home country. In the same, Marx considered that all forms of conciseness, which is the basis of revolution, lies in the identity of social class.

Cancer Essay Example | Topics and Well Written Essays - 1000 words - 1

Cancer - Essay Example There are many factors causing cancer but unfortunately, we have not been able to clearly identify them. However, the United States Surgeon General published a report in 1988 "that diet could be responsible for up to 70% of all cancers - with a (conservative) 'best estimate' suggesting that diet was responsible for 35% of all cancers." (Coleman, 1995). Agents or substances that promote cancer, called carcinogens, cause cancer through alteration of metabolism in the cells or directly damage the DNA structure in cells. Most of these carcinogens are obtained from food like stored grains, nuts and peanut butter, and numerous potent carcinogens, which are similar to those found in cigarettes, may also be produced in cooking protein-rich food at high temperatures like broiling or barbecuing meat. Evidences show that fruit and vegetable rich diet lowers the risk of heart disease and stroke. One study done as part of the Harvard-based Nurses' Health Study and Health Professionals Follow-up Study, the longest and largest study about the subject in history in which dietary habits of roughly 110,000 men and women were monitored for 14 years. In this study, it is clear that the higher the average daily intake of fruits and vegetables, the lower the risk of acquiring cardiovascular illnesses, as compared to those with less fruits and vegetables intake, were 30% less likely to have a heart attack or stroke. According to the Harvard School of Public Health, early studies revealed that a fruit and vegetable diet is likely to be a protection against certain cancers. A research on fruits, vegetables and cancer by the International Agency for Research on Cancer, which is part of the World Health Organization, states that: "There is limited evidence for a cancer-preventive effect of consumption of fruit and of vegetables for cancers of the mouth and pharynx, esophagus, stomach, colon-rectum, larynx, lung, ovary (vegetables only), bladder (fruit only), and kidney. There is inadequate evidence for a cancer-preventive effect of consumption of fruit and of vegetables for all other sites." However, considering all evidence from human epidemiological, animal, and other types of studies, it appears that eating more fruit "probably lowers the risk of cancers of the esophagus, stomach and lung" and "possibly reduces the risk of cancers of the mouth, pharynx, colon-rectum, larynx, kidney, and urinary bladder." Eating more vegetables "probably lowers the risk of cancers of the esophagus and colon-rectum" and "possibly reduces the risk of cancers of the mouth, pharynx, stomach, larynx, lung, ovary and kidney." All fruits and vegetables contribute to minimize the risk of heart diseases, but green leafy and cruciferous vegetables, and citrus fruits and juice are the biggest factors in this field. Two studies in Harvard show that adding fruit and vegetable intake by one serving a day can surely reduce risks of coronary diseases by 4%. For ten years, researchers at Johns Hopkins in the US and Yonsei Univerity in Korea monitored about

Film Les Miserables and Masculinity Essay Example | Topics and Well Written Essays - 2000 words

Film Les Miserables and Masculinity - Essay Example Therefore, this paper is not a film review, but a technical research paper. It is however, not a full thesis or complete research study, but general thoughts on masculinity with a general aim of understanding it better. The paper uses scholarly ideas or theories and relates these to the selected movie in order to draw new insights on masculinity. The chosen theme or recurring working idea for this paper is the understanding and appreciation of masculinity. This effort to understand is made through an analysis of previous ideas on masculinity drawn from papers or researches of scholars on the issue of gender and masculinity. Meanwhile, appreciation is derived through a chosen visual presentation or a film from which a more graphic representation of ideas on masculinity can be derived. The film chosen for this paper, the movie Les Miserables is a Golden Globe Award winner for Best Picture in Hollywood this December 2012. The significance of this paper can easily be seen from the important social developments starting the late twentieth century, more particularly the 1960s and 1970s. During these years, feminism and the gay movements started to change the outlook of societies towards gender and sexuality (Peoples 9). Since then, traditional beliefs and biases on masculinity and femininity started to erode. This very well shows that gender is not a static, but rather a dynamic reality. This dynamism behind gender has been especially portrayed, if not exploited by the powerful media of communications today. In turn, mass media have served to hasten the dynamism of change in human sexuality and gender. Thus during our own times, dramatic social and cultural changes have introduced the rather unexpected recognition of gay rights in the U.S. military, legalization of gay marriages in some countries, surgical male-to-female sex changes in modern medicine, and other social and cultural alterations or reform s. The need to understand issues on masculinity is therefore important, as the dynamism of gender and manhood continues to escalate until our day. And as shall be shown later, the issues relating to masculinity may have created a global impact in which even the security and sustainability of democratic states and the world may be at stake. This shall be discussed later, but for more clarity, the following questions are proposed as the main problems in this paper: 1. What is the appropriate understanding of masculinity? 2. What are the major concepts of masculinity that relate to its dynamic nature? 3. How does the movie Les Miserables portray the major concepts of masculinity? 4. What lessons can be drawn from the above conceptual and visual analysis of masculinity? Studies on gender and manhood To understand masculinity, there is a need to analyze ideas or theories introduced by scholars or researchers on this issue. This is an appropriate approach since our modern societies are to day knowledge-based societies. Scientific studies have become the lever to awaken awareness, impart understanding, and formulate theories on social issues. This paper has therefore sought concepts expounded by scientific theorists on gender and manhood. From these theories, an appropriate understanding of masculinity can be derived. In this regard, the study made by Christopher T. Kilmartin deserves consideration. In his book The Masculine Self, Kilmartin clarifies the concept of masculinity by differentiating between sex and gender (14). For him, sex is a biological frame of reference to the male or female as this relates to genes, hormones, genetalia, and other physical aspects of the human body. On the other hand, gender is a broader frame of reference