A Ladys Maid and Cinderella :: essays papers

A Ladys Maid and CinderellaThe Ladys Maid and Cinderella Two similar Storylines Childrens stories are often simple, with loveable characters and a feel-good ending. However, these simple plots sometimes have an underlying meaning that may be the basis for adult stories with social, intellectual, or emotional themes. For example, The Wizard of Oz, by L. Frank Baum, is not only about a girl who is looking for the way inhabitation who meets some charming friends along the way. It was written as Populist propaganda for the entire Populist movement of the early 1900s The childrens tale of Cinderella can be interpreted in a good deal the same way. It portrays a young orphaned girl named Cinderella who is enslaved by her stepmother. She works diligently throughout her life, searching for love, comfort, and a home. The myth in Cinderella is very strong. The social movement of a Fairy Godmother creates a supernatural element in the story. Through the mythical godmother, Cinderel la eventually obtains happiness by marrying Prince Charming. In The Ladys Maid, by Katherine Mansfield, the narrator and maid is named Ellen. (Name similarity?) She, much like Cinderella, is loyal and quiet in performing her daily duties. Ellen is also searching for something to complete her life. But several(prenominal) incidents in Ellens life contribute to her un-Cinderella-like ending, including the fact that she does not have a mythical figure to help her out. These scenes, which are shown through Ellens responses to interactions with characters well-nigh her, prove Ellen to be a very complex character. Both Ellen and Cinderella experience sadness from childhood experiences and devotion to the ladies that they serve, but whereas Cinderella overcomes her problems in the end and finds happiness, Ellen carries her emotions so late that she cannot break free from her enslaved life. When comparing Cinderella and Ellen, a their childhoods are obviously similar in many r espects. Both the girls lack a constant loving home and a strong mother figure. Losing a parent at a young age is distressing to Cinderella in much the same way as it is for Ellen. Because the girls were never close with their parents because of death, they never developed the ties of loving mother-daughter relationships. Cinderella worked for her stepmother at a very young age, and after Ellen lived with her grandfather and an aunt, she was sent to work as a maid at age thirteen.

John Lennon Essay -- essays research papers fc

whoremonger Lennon      "Youve got to admit its getting better its getting better all the time," because of John Lennon, and the way of life he effected the world. "Imagine" the world without John Lennon. John Lennon had a huge effect on the world. Throughout his life Lennon was many things. He was a musician, lyricist, singer, artist, actor, humorist, political and peace activist, and writer. Because of Lennon the world was changed musically, socially, and politically. Musically he brought rock music into mainstream music. Socially he inspired a generation of teenagers. Politically he started up the movement to "Give Peace a Chance." He became the leader of the sixties, one of the most turbulent eras to date, and the role model to many people young and senile around the world. John Lennon did not have any easy childhood. Lennon was born on October 9, 1940, in Liverpool, England (Bil 1). This was during the height of World War II, and h is parents named him John Winston Lennon after known British Prime Minister, Winston Churchill. Lennons parents were divorced and his father was working on a ship away from home when he was born. When his father came back, his mother would not let his father see him. So his father tried to kidnap him. His mother could not let this happen again so she sent him to live with his aunt Mimi and Uncle George. Aunt Mimi ran a strict household, and he did not really relate to her while he was growing up. So Lennon became a really close confederate with his mother. Tragically in 1958 his mother was killed in a car accident right in front of him (Norman 1).     Aunt Mimi sent him to Quarrybank Grammar School, but he was very bored and preferred writing and drawing. Lennon did not enjoy school life, and became a rebel at a young age. He often skipped class, and when he did go to class he sat and drew. His future looked very grim. When Mimi asked the headmaster of the sch ool to write a letter of recommendation to the Liverpool School of Art, it gave everyone new hope. Lennon didnt do well here either, while he loved to draw, he found the Liverpool School of Art too ridged and structured. He liked his drawings to be from his union and full of emotion. He found that the curriculum did not allow him to do this. During his art exam Lennon drew cartoons, so he failed (Norman 1... ...e alive today, but " permit it Be."Works CitedBil. "Working Class hero" Home of Classic Rock. 1997     <http//www.casagrande.com/bilig/lenhist.html> (16 Feb. 2000).Gottlieb, Agnes Hooper, et al. 1,000 People, 1,000 Years. New York Kondansh     America Inc.,     1998."John Lennon-Biography." <http//www-cds-music.com/john_lennon.htm> (16 Feb.      2000)."John Lennon." Rock and Roll Hall of Fame Inductees. 1994.     <http//www.rockhall.c om/induct/lennjohn.html> (16 Feb. 2000)."John Lennon shooting 1980." Great Events IV. 3pp. Bell & Howell Information and      Learning-     Proquest. 16 Feb. 2000.Morgan, Joan M. "A Tribute to John Lennon." 1999.     <http//www.josnsukjournal.com/links/lennon.htm> (16 Feb. 2000).Norman, Philip, et. Al. "John Lennon Portfolio." 1998.      <http//www.getback.org/bjohn.html>     (16 Feb. 2000)

Free Essay on Nathaniel Hawthornes Scarlet Letter - Pearl as The Scarlet Letter :: Scarlet Letter essays

Pearl as The Scarlet Letter   The Scarlet Letter by Nathaniel Hawthorne is a novel that shows the Puritanical way of life. Society does not accept the fact that Hester has committed the sin of adultery so they cast her out by qualification her wear a violent letter A across her chest. Pearl is the product of Hesters sin, the scarlet letter is the product of society. This idea shows that Pearl is the scarlet letter and the scarlet letter is Pearl. There argon many ways in which Pearl is shown to be as the scarlet letter because she is considered to be a part of nature, she is the somatogenic connection between Dimmesdale and Hester, and Pearl is the reason that makes Dimmesdale and Hester to finally accept their sin and make their confession in front of society and the people within society. The reasons are listed in this manner because in the first one nature is a stronger force that human force, then comes her connection between Dimmesdale and Hester because she is the raw( a) connection which is a link from the first one to the second and also her being the reason Dimmesdale and Hester accepting the sin is last because there is a stronger connection between the tiddler and the parents here which is linked from the previous reason.   Pearl is a product of a natural act done by two human beings. This is the act of sex. that society considers it to be bad because there was no social contract between the parents to have that baby. But still its natural so it makes Pearl natural and cast out by society. Even her mother notices that it is society that seems to make Pearl the evil girl she is, She knew that her deed had been evil she could have no faith, therefore, that its chair would be for good. Day after day she looked fearfully into the childs expanding nature ever dreading to detect some dark and wild peculiarity, that could restore to the guiltiness to which she owed her being.( The Scarlet Letter. Nathaniel Hawthorne. 86) present what is dep icted is that Pearls evil is from her mothers guiltiness. So if Hester has none of that guilt that came from society then she would naturally be a good girl. Also, Pearl seems to be affiliated to nature because there is some contact where Pearl has some kind of communication with Pearl.

Gender Roles in Society Essay -- Gender Role Behaviors and Attitudes

Boys pull up stakes be boys, and girls will be girls few of our cultural mythologies seem as natural as this one. But in this geographic expedition of the gender signals that tradition on the wholey tell what a boy or girl is supposed to look and act like, Aaron Devor shows how these signals atomic number 18 not natural at all but instead are cultural constructs. While the classic cues of masculinityaggressive posture, self-confidence, a tough appearanceand the traditional signs of femininitygentleness, passivity, strong nurturing instinctsare often considered normal, Devor explains that they are by no means biological or psychological necessities. Indeed, he suggests, they can be richly mixed and varied, or to reword the old Kinks song Lola, Boys can be girls and girls can be boys. Devor is dean of social sciences at the University of Victoria and author of Gender Blending Confronting the Limits of Duality (1989), from which this survival is excerpted, and FTM Female-to-Male Transsexuals in Society (1997). The clusters of social definitions utilise to identify persons by gender are collectively known as femininity and masculinity. Masculine characteristics are used to identify persons as males, while feminine ones are used as signifiers for femaleness. People use femininity or masculinity to claim and communicate their social rank in their assigned, or chosen, sex or gender. Others recognize our sex or gender more on the basis of these characteristics than on the basis of sex characteristics, which are usually largely covered by clothing in daily life.These two clusters of attributes are most commonly seen as mirror images of one another(prenominal) with masculinity usually characterized by dominance and aggression, and femininity by passivity and s... ...socially directed hormonal instructions which specify that females will want to have children and will therefore find themselves relatively helpless and dependent on males for support and protection . The schema claims that males are innately aggressive and competitive and therefore will reign over females. The social hegemony of this ideology ensures that we are all raised to practice gender roles which will confirm this vision of the nature of the sexes. Fortunately, our training to gender roles is incomplete complete nor uniform. As a result, it is possible to point to multitudinous exceptions to, and variations on, these themes. Biological evidence is equivocal about the source of gender roles psychological androgyny is a widely accepted concept. It seems most likely that gender roles are the result of systematic power imbalances based on gender discrimination.9

The Effect of Anorexia on Teen Girls :: essays research papers

What is Anorexia?Anorexia Nervosa, or, ana, is and eating disorder where people starve themselves. Anorexia usually begins in teens, or those nearing puberty. People with anorexia have extreme freight loss, usually 15% below the persons normal body weight. Anorexics have many an(prenominal) varieties of losing weight, some of which include intake of laxatives, over-exercising, and not eating. Symtoms of AnorexiaPhysical SymptomsThere are many symtoms of anorexia. Some are visible changes, like extreme weight loss. Others involve the inside of the body. The symptoms of anorexia are Avoiding eatingDenying hunger Avoiding social occasions involving forage victuals rituals to eat less, such as eating in secret, Eating foods in a certain order, excessive chewing, playing with food, and eating unnaturally small amounts of foodDramatic weight lossRefusing to gain weightDenial Obbsessing over diets and weight lossExcessive weighing, and obbsessing over small changes in weight revere of ga ining weight, and/or being fatDistorted body nameEX)Perception of being over-weight, when actually underweightBasing their worthiness on appearence and body imageObbsessing over excercise chipChanges in BehaviorAnorexia can induce many behavioral changes as well.InsomniaMood Swings DepressionIntense feelings of lonlinessSneaky behaviors involving foodEmotional outburstsFear of others opinions on their eating disorderWithdraw from daily lifeCauses of AnorexiaPossible CausesCultural Pressures - In many societies, Being extremely thin is important for women, and represents beauty, succsess, happiness, and self-control. Women are targeted with messages strain the media that they must diet to meet this standard. But, this ideal body image is almost impossible to reach for most women, leaving them very dissatisfied with their body image. psychogenic Issues - Psychological characteristics that can make a person more likely to develop anorexia includeLow self-esteem, feelings of being wo rthless, poor, or distorted body image, depression, barrier expressing emotions, a need for control, obbsessing over perfection, physical or sexual abuse, a need to feel special or unique.People who are driven to fall away weight are often determined in other areas of life, such as schoolwork, career, physical fitness, and/or exercise.Family Enviroment - Some personal lifestyles can contribute to the developing of eating disorders as well. Families with anorexic or bulimia can sometimes beOverprotective, strict, and over-worrying.Other family issues that can lead to the devolopment of eating disorders areValueing body image and appearence too much, criticizing a childs weight or body shape, and being sexually or physically abused.Genetic Factors - Anorexia occurs eight times more often in people who know, or have realatives with an eating disorder. But, scientists dont know what the inherited factor is yet.

The Effect of Anorexia on Teen Girls :: essays research papers

What is Anorexia?Anorexia Nervosa, or, ana, is and eating disorder where people starve themselves. Anorexia usually begins in teens, or those nearing puberty. People with anorexia have extreme w eightsome loss, usually 15% below the persons normal body weight. Anorexics have many varieties of losing weight, some of which include intake of laxatives, over-exercising, and non eating. Symtoms of AnorexiaPhysical SymptomsThere are many symtoms of anorexia. whatsoever are visible changes, like extreme weight loss. Others involve the inside of the body. The symptoms of anorexia are Avoiding eatingDenying famish Avoiding social occasions involving foodFood rituals to eat less, such as eating in secret, Eating foods in a certain order, excessive chewing, acting with food, and eating unnaturally small amounts of foodDramatic weight lossRefusing to gain weightDenial Obbsessing over diets and weight lossExcessive weighing, and obbsessing over small changes in weightFear of gaining weight, and/or beingness fatDistorted body imageEX)Perception of being over-weight, when actually underweightBasing their worthiness on appearence and body imageObbsessing over excercise routineChanges in BehaviorAnorexia can induce many behavioral changes as well.InsomniaMood Swings DepressionIntense feelings of lonliness sneaky behaviors involving foodEmotional outburstsFear of others opinions on their eating disorderWithdraw from daily lifeCauses of AnorexiaPossible CausesCultural Pressures - In many societies, Being exceedingly thin is important for women, and represents beauty, succsess, happiness, and self-control. Women are targeted with messages form the media that they must diet to meet this standard. But, this ideal body image is almost impossible to reach for most women, go away them very dissatisfied with their body image.Mental Issues - Psychological characteristics that can make a person more likely to develop anorexia includeLow self-esteem, feelings of being worthless, po or, or distorted body image, depression, difficulty expressing emotions, a need for control, obbsessing over perfection, physical or sexual abuse, a need to feel special or unique.People who are driven to lose weight are often determined in other areas of life, such as schoolwork, career, physical fitness, and/or exercise.Family Enviroment - Some personal lifestyles can contribute to the development of eating disorders as well. Families with anorexic or bulimia can sometimes beOverprotective, strict, and over-worrying.Other family issues that can top off to the devolopment of eating disorders areValueing body image and appearence too much, criticizing a childs weight or body shape, and being sexually or physically abused.Genetic Factors - Anorexia occurs eight times more often in people who know, or have realatives with an eating disorder. But, scientists dont know what the inherited factor is yet.

Informing Panasonic

From the Information supplied In the case, Identify three Information needs of Panasonic as an organization and explain why this information would be important to managerial decisiveness making at the company. Three information needs of Panasonic Has the ability to create, store, allot and analyze data about fruits, customers and suppliers in ways that were not even feasible Just a few decades ago. It had developed numerous duplicative, inconsistent and incomplete records stored in ultimate isolated databases across the enterprise It also prevented the company from making timely decisions, which diminished Panasonic flexibility and agility. Importance of information to managerial decision making Helps in making effective problem solving decisions 2. Explain how the new information system benefits both Panasonic and its various stakeholders. Panasonic was fit to save millions of dollars per year Improves Panasonic time to- time marketReduces the time required to bring a produc t to market from 6 months to 1 month Reduces the amount of time required for creating and maintaining product information by 50 per cent It allowed Panasonic to move away from Its push Inventory model, towards a pull model. Improved Its response to retailers revisions so that its retailers have been able to cut inventory to seven days. 3. Compare and contrast the push and pull models of Information supply outlined n the case.What are the potential advantages and disadvantages of each order? O Push inventory model Information is centralized and delivered automatically to everyone who needs it, simultaneously C The company would push products to retailers such as Best subvert and Cult City Pull inventory model Marketing and sales had to request both structured and unstructured information from numerous sources 0 vendors order products on as-needed basis o Advantages Push pull Disadvantages

Supporting Children and Young People’s positive behaviour

These be the limits within which demeanor is acceptable or what may, and may not be done. Boundaries are thither to guide children and young wads behaviour in the setting and it is very important for all staffs to consistently confine these boundaries fairly. Behaviour is learnt from what we charm others do or say, so, it is very important for the staff to watch children closely and make sure that they apply the boundaries at all times.The importance of staffs applying the rules and boundaries are It helps children and people to go what is right from wrong. For example, when a child knows what is right from wrong, or what is acceptable and what is not, then they allow be able to do the right thing well-nigh of the time. If they know jumping is not allowed in the setting then they are going to behave accordingly. If all staff applies the boundaries and rules of their settings, then children leave not experience they are being misled. For example, one staff says they can brin g snacks to take aim and another staff says they are not allowed to bring snacks. If this happens, a child will get confused and feel misled by one of the staff. It enables all the staff to be consistent in their approach in dealing with behaviour issues.For example, if there is no consistency in staff applying the boundaries and rules then there will be chaos in the setting, and this will not help positive behaviour in children. But if there is consistency then every child in the setting will know that no matter whom they go to in the setting, they will forever get one answer. The importance of all staff being fair, and consistent areIt helps children to develop a sense of responsibility for their birth actions and encour mount ups them to think about the consequences of their behaviour. For example, the rule says no running in the corridor and staff keep reminding children about it all the time then, when a child runs in the corridor the others will tell him or her no running, and he or she will know that if they run, they will fall and when they fall, they will hurt themselves.So, theyknow what will happen when they disobey. It ensures that the school rules are enforced and children behave in a responsible manner. For instance, when staffs are consistent in applying the rules then there will be order in the settings and the promotion of good behaviour. Children will also know what the rules and boundaries are and therefore behave accordingly. It ensures that all children are treated fairly by staff applying the rival opportunity procedures. For example, when two children behave inappropriately, they two must receive the same sanction, one should not be favoured over the other.When two children fight, you have to listen to both sides and be fair in your judgement. Some children behave inappropriately all the time exactly they must not be victimized in situations but rather listened to and treated fairly as other children. It helps children with unwante d behaviour to improve and behave positively. For instance, if a child likes to pinch other children and all the staffs apply the rules consistently, that child is bound to change from that unwanted behaviour to positive behaviour. How to set fair rules and boundariesSetting realistic rules for the setting For example, ensuring the set rules are appropriate for age and stage of development. For instance, setting a rule for one to two years that says, No crying for toys or You must share, that is not realistic based on their age and level of understanding. By involving the children in setting the rules and boundaries. If the children are involved in the rule setting then they will apply it because they will always remember and obey it. If everybody agrees on the set rules and boundaries. This means they understand what they are agreeing to so therefore, they can live by it and when others are behaving inappropriately, they will let them know it is unacceptable behaviour.

Canadian Strategy of Economic Development Essay

In this article the queryers have used secondary research and they have conducted intrevies and triangulation. They have emphasized that the colonialization has greatly affected the growth of Canada and the people however want a more tradionally and culturally grounded foundation. The indigenous people gauge that they have right to maintain their political, economics and social systems. The prevailing conditions are very bad as they people have a lot of health and educational problems. The article explain that the Canadian are currently pursuing a strategy of economic development with a social entrepreneurship as their consequence activity. The paper has in a very sound way defined the problems of the people and what they want. They say that economic development rat be achieved by 4 ways first by having greater control of activities on their traditional lands. They should be more self determined and put an end to dependence on self sufficiency.They should preserve and strength t heir traditional values and apply them in economic development and their should be improved socio-economics circumstances for individuals. The researcher have act to answer the question whether the indigenous people have the power for economic development. The say that they do have the power and currently followed three broad emplacement firstly modernization in which till 1960 they used to follow the path of first world countries but it was useless after 1960 when most of Latin the States failed. Second sen clipnt was radical perspective which declared that everything is happening cause of the First world War however both these perspectives when applied in certain world were illogical and the results gained from them were also not fruitful.Thirdly was the regulation perspective which is a new approach to development that emphasis contingency. They explained that the world has moved past from the concept of 0Invisible hand of perfectly functioning market they believe that every one is working for their own benefit so the presence of a government is necessary. The problem with this perspective is that Scott stated that Regulation theory does not preassemble the exact nature of a particular mode of social regulation each region force out be regulated by a multiplicity of ways. PECK AND TICKBULL ALSO STATED THAT THE MODES OF REGUYLZATION IS BASED UPON THINGS AS HABIT, social norms, enforceable laws and state forms. The researcher stated that they provided the people with a questionnaire in which they were asked to opt in or opt out.The peoplechose Opt In in which the people were ready to practicable in the global economic growth and were ready to wage the necessary steps. In the article the researcher also pointed out that the land claims and economic growth can be both solved by government policy and development strategies of entrepreneurs. There could be more research in which they could ask the views of the people as to what they think should be done. more(prenominal) of primary research should be taken place as secondary data becomes outdated after some time period. More future research csan be done as to how more investors form other countries could be attracted to Canada.Whether their cultural is one that is welcoming and the nature of the people. More research should be done as to what usages government should play to make the people ready to move along with its policies. In tbhe End there were a lot of incidents which were related as to what decision the people and the government faced and what decision were taken. In the conclusion they have stated that they have decreased their role and interference in the lives of the people . More authority is given to the people so that the social economics objectives are achieved and how other economies like them can take measure like them in order to be more socially economic growth indigenous economies.

Aphra Behn – Gender Economics in the Rover

TERM PAPER Gender Economics of replication and Aphra Behn INTRODUCTION The tax return era allowed women to spirit into what was historically an essentially manlike space, that of literary and representation production. As women stepped on stage, they entered a market- they were commodities displayed to attract a larger crowd towards the theatre.Thus counterbalance though through writing or acting a adult female could gain financial independence, unlike men they werent selling their work, they were ostensibly selling a part of themselves. A woman could non escape commodification even if she didnt enter this particular market matrimony and the nunnery were also means of buying and selling of womens w bes. The hymen itself was a trade good, as a woman could only marry if she was a unadulterated.In accompaniment arguably in Restoration Comedy no witty unmarried was without property and a maidenhead. Thus, arguably, a woman could not escape being a prostitute in the Restorati on Period. As a woman author who thus reflected the trend of women actors accounting entry the world of mental representation production, Aphra Behn was continually negotiating the dichotomy of economic stopdom and control of women in this market-space. Thus her work would be the ideal case study to record the grammatical gender economics of the Restoration Period.In this context of use, I would like to position Aphra Behns works, The rover Part I and II, The Feignd Curtizans, The Luckey Chance, The Forced Marriage or The Jealous Bridegroom and The Golden Age to understand the place of women in the economics of the Restoration Era and how they negotiated in the market-space they were now stepping into. WOMENS PROBLEMATIZED INTRODUCTION IN THE MARKET The restoration of Charles II to the throne brought a al about deliberate reversal of the previously prevalent Puritan ethic. There was a impertinently figure of app atomic number 18nt sexual freedom.He introduced the practice o f actresses playing female roles. However, actresses illuminateed far less than actors, thus had to resort to being mistresses. Also, publishing by the women was tantamount to whoredom. Typically, the Restoration comedies portrayed the lives of hedonistic young men who filled their leisure hours with drinking, whoring, theatre and wit. They needed money alone had no inclination to actually earn it and preferred procuring it through marriage to an heiress. As in the typical Restoration comedy, men calculatek sex and money, the girls want a say in the pickaxe of a marriage partner.Thus evidently the heroine is allowed freedom of thought but her freedom of action is confined to ensuring that she is a virgin when she gets married to the man of her choice. As a successful professional playwright, Aphra Behn definitely wrote plays which are typical of the Restoration, yet she manages to comment on a topic which touched her very closely the true location of women in the society as the y begin to participate a little more actively in the constructs of gender economics. POSITIONING APHRA BEHN The prologue of The Rover, claimed to be indite by A person of quality, states As for the author of this coming playI asked him what he thought fit I should say (pp 4) It was only in the third bring down of the prototypical edition in 1677 that Aphra Behn authorship. This was because she was always attacked for poaching on the territory of male playwrights. In fact, as quoted in Angeline Goreau, Reconstructing Aphra (New York The Dial Press, 1980) Aphra Behn once famously verbalise The woman damns the poet Indeed, the fact that Aphra Behn could earn a living writing for the theatre was precisely what condemned her. The muckraking satirist Robert Gould wrote ypical stander in a short piece address to Behn that concluded with this couplet For Punk and poetess agree so Par, You cannot be This and not be That. Robert Goulds verse, with its equation of poetess and punk, provi des some evidence of the culture of gender in Restoration England. In her case, however, the office of professional writer indicated immodesty the author, like her texts, became a commodity. Thus one notices that she stages this relationship between female creative thinking and public realm or between what Robert Gould, in euphemisms, refers to as this and that, in her works. THE VIRGINAL COMMODITY AND FETISHDowry system among propertied classes had been in place since 16th century, but by the end of the 17th century the women to men ratio was 1310, thus cash portions had to grow to attract worthy suitors. The value of women fell by almost 50%, marriage by choice, became almost unthinkable. Thus in economic terms, women through marriage had evident exchange value that is, the virgin became a commodity not only as breeder of the legal heir but for her portion. Women in the seventeenth-century marriage market took on the phantasmagoric destiny of commodities they seemed no more than objects or things.The issue arises repeatedly in plays and verse of the period not only are marriages loveless, but, once married, women lose both independent individuality and control of their fortunes. Womens lack of access to institutions of retireledge spurred protest from writers as it reduced them to things, rather than educated individuals. Also the cultural narrative of portion, jointure, and legal habituation in which the women of this time is written about is cl aboriginal not as subject but as object of exchange.Also, as discussed earlier, when Aphra Behn wrote her seventeen play (1670-1689), the theatrical hierarchy, like all cultural institutions, was patriarchal in control and participation. Aristocratic or upper-class males generally wrote the plays, purchased tickets, and formed the coteries of critics and witlings whose disruptive presence is remarked on in countless play prologues and epilogues. Also, in its machinery and properties, the Restoration stage was no w arguably more dreamlike, seductive, and commodity intensive. Here the idea of a fetish becomes important.A fetish, by Freuds description is the male impulse to eroticize objects or female consistence parts, which derives from a disavowal of a material lack (of the penis on the mothers body). The second understanding of the word is through Marxs account of the felicitation of the commodity at the moment of exchange, the commodity appears to be separate from the workers who product it the special(a) social character of private labours disavowed. This idea is relevant because on the stage, the Restoration actress, is nada but an ornament in the male gaze.This attitude is apparent as Thomas Shadwell links the new phenomenon of female performers with painted theatrical impressions, both innovative commodities for audition consumption Had we not for yr diversion found new wayes You still had rusty Arras had, and thredbare playes Not Scenes nor Woomen had they had their will, But s ome with grizld Beards had acted Woomen still. What this actually meant in the cultures sexual economy is perhaps more accurately suggested by meta-theatrical references in plays prologues and epilogues.The actress playing Flirt in Wycheleys The Gentleman Dancing master satirically invited the good men o th Exchange from the pit into the backstage tiring-room You we would rather see between our Scenes Thus rather than producing a performance, the actress emerges as a spectacle unto herself, a painted representation to inveigle the male spectator. In her professional duplicity, in her desirability, in her often public status of kept mistress, she is frequently equated with a prostitute, thus acquiring the definite status of a commodity.APHRA BEHNS PARTICIPATION IN COMMODIFICATION AND FETISHISATION The Rover (1677) and The Second Part of The Rover (1681) are Behns only plays to label a character a courtesan. In her wholly original The Feigned Curtezans (1679), virgins impersonate fam ous Roman courtesans and near-debauches occur, but marriages settle the confusion of plots and the financial stink of prostitution is hastily well-defined away. However it is germane note that even if courtesans figure by name in only three plays, the commodification of women in the marriage market is Aphra Behns first and most persistent theme.Beginning appropriately enough with The Forced Marriage or The Jealous Bridegrom (1670), all of Behns seventeen known plays deal to some point with women backed by dowries or portions who are forced by their fathers into marriage in exchange for jointure, an agreed-upon income to be settled on the wife should she be widowed. Aphra Behn change state on exposing the exploitation of women in the exchange economy, adding vividly to contemporary discourse on the oppressions of marriage. Who would marry, asks Behns Ariadne (The Second Part of the Rover), who woud be chafferd thus, and change to Slavery? In the context of fetishization, it is ea sy to note the metonymic connection between the painted actress and the painted scenes in the theatre, therefore it is not strike that the first woman to earn money circulating her own representations had a ( slenderly combative) relationship with the theatre apparatus. Aphra Behn, more than any other Restoration playwright, explores the fetish/commodity status. She utilizes the conventional objects of Restoration plays the marriage market, sexual intrigue, masquerade costume, flamboyance even as she signals their contradictory meanings for women.It is ostensibly a contradiction of all feminist expectation to get out that Aphra Behn contributed to that visual pleasure by choosing to exploit the fetish/commodity status of the actress. The stage offered two playing spaces, the forestage used especially for comedy, where actor and audience were in intimate proximity, and the upstage or scenic stage, with wing-and-shutter settings, producing the exotic effects needed for discovery s cenes of heroic tragedy.Writing mostly comedies, Aphra Behn might be expected to come up comic convention and use the forestage area, but as Peter Holland notes, she was positively obsessive about discovery scenes. Holland counts 31 discoveries in ten comedies, most of which are bedroom scenes featuring a female character in undress. Thus displayed, the female performer becomes a fetish object, affording the male spectator the pleasure of being seduced by and, simultaneously, of being protected from the effects of sexual difference.Thus, in Behns texts, the conflict between (as she puts it) her defenceless womans body and her masculine part(of being a writer), is staged in her insistence, in play after play, on the equation between female body and fetish, fetish and commodity-the body in her scenes. Like the actress, the woman dramatist is sexualized, circulated, denied a subject position in the theatre hierarchy. This unstable, contradictory image of authority emerges in as early as Behns first plays prologue (to The Forced Marriage, or The Jealous Bridegroom, 1670).In this, an actress who, pointing to the Ladies praises both them and presumably the woman author Can any see that glorious sight and say A woman shall not prove Victor today? The glorious sight, is, once again, the fetishised representation of the female, standing on the forestage, sitting in the pit, and soon to be inscribed as author of a printed play. THE ROVER The Rover is a fascinating study in the context of this paper as it not only thematises the marketing of women in marriage and prostitution, it demonstrates (quite literally) the ideological contradictions of the apparatus Behn inherited and the society for which she wrote.Prostitution of both genders In Angellica, Hellena, Florinda and Lucetta Behn betokens the fate and ineluctable commodification of all women. However the idea is also problematized and even turned on its head. The man is also equated to a commodity in this carniva l world. Angellica equates dowry to prostitution money, thus saying that a man sells his own self in the marriage market, for a womans fortune Pray tell me, sir, are you not guilty of the aforesaid(prenominal) mercenary crime?When a lady is proposed to you for a wife, you never ask, how fair-discreet-or virtuous she is but whats her Fortune-which, if but small, you cry-she will not do my business-and basely leave her, thou she languish for you-say, is not this as poor. (pp 38) Thus we see that Angellicas prostitution image is cross gendered, for men are designated mercenary in negotiating sexual contracts between husband and wife. Indeed, Willmore himself appears prostituted in accepting five hundred crowns from Angellica, and in the subplot, Blunts barbarous treatment by Lucetta parallels Angellicas by Willmore.The Portrait of Angellica The first references to Angellica situate her beyond the market in which we expect her to function. She is not behind an exotic vizard, or discove red in her bedchamber after the parting of the scenes, but is first seen as a portrait. She is introduced by Belvile, as A famous courtesan, thats to be sold (p. 23). For a mindful audience, this immediately raises a question, to be sold by whom? Released by the earlier keepers death, Angellica and Moretta are two women who seem to be in business for themselves.At this point, however, Blunt reminds us again of the object status of the woman, as of her painted signs Im sure were no chapmen for the commodity (p. 28). On the other hand, Angellicas self portrait has been compared to that of a Petrarchan mistress who attempts to turn her sexuality into an alternative form of power, since she has been excluded from the marital marketplace. Wilmores appeal of love attracts her and not unlike ladies in marital market, she gives up herself and her gold. If one analyzes this situation, it can be said that this was an inescapable fate.As Angellica watches men gaze upon her portrait, she is, fi rst and foremost, a sight, an object to be claimed. Only in Behns text is this phenomenon made so evident, the paintings here function as fetishes, as substitute objects for the female body. Indeed, the portrait which advertises her charms is arguably a sign of submission to the male spectator, offering up the female figure as an eroticized object which exists to serve his pleasure. Thus evidently Wilmore can reduce Angellicas representation from an icon of authority to a pornographic image (a fetish) and claim the right of possession, which I will maintain.He is responding to something very real in the portrait. The same sense of power of a transcendent male authority is also registered by Willmores gaze and the stealing of the potrait. In effect Angellica is then double commodified-first because she puts her body into exchange, and second because this body is equated with, indeed interchangeable with, the art object. Thus then the woman thats to be sold is then even sold by theatr e itself, which, like the portrait equates woman with an art object to be displayed and attract an audience. Like Willmore, the theatre operates with the kings patent and authorization.The masquerade of portraits and discovery scenes, do not demonstrate freedom, but to flaunt the charms that guarantee and uphold male power. In fact in the wooing/bargaining scene with Wilmore it becomes clear that Angellica wants to step out of the exchange economy symbolized by the painting Canst thou believe these yielding joys will be entirely time, / without considering they were mercenary? (p. 39) By eliminating her value-form, Angellica attempts to return her body to a state of nature, to take herself out of circulation in the market. However, s Aphra Behn poignantly points out through her texts, Angellica will fail due to the ecomonic structure which circulates all women as marketable objects. The Virgins This brings us to the other two leading women in the play, both virgins and of high birt h, Hellena and Florinda. Ironically, the virgins first costume, the gypsy masquerade, represents their actual standing in the marriage market exotic retailers of fortunes (dowry and maidenhead). Their masquerade defers but does not alter the structure of gender economics which sold a womans body.On this level, as often discussed by critics, the play presents a dramatic world dominated by the two principal patriarchal definitions of women, the whore and the virgin, but in which the boundary separating one category from the other has become blurred. First there is the elder born, Florinda. The properties which sustain Florindas status as an autonomous subject free to choose her own marriage partner are largely those for which the men in her family want to protect her it is her beauty, rank and fortune that make her such a prized asset on the marriage market.It is Floridas rebellion against the commodification of forced marriage that destabilizes her position within patriarchy, for a while. However, she seeks to maintain this position as it gives her the agency to somewhat choose her husband. This is why Florinda remains inscribed within male discourse and chides her sister for being curious in a discourse of love notwithstanding being a maid designed for a nun. At the same time, she is degraded to the level of an object, a commodity, however precious, in a overbearing structure of exchange.Because her self-esteem derives entirely from her status as a lady, she is able to measure her human value only by patriarchal standards. Her near rapes show this predicament. Men (Wilmore, Blunt, her own brother) seem to be chronically incapable of accepting the Florindas No as something which means No. On this level, the scenes are written with Behns male spectators in mind and accommodate the most complacent of responses to Florindas predicament. Then there is Hellena.The idea of Hellena being a female Rover is highly problematized as she is a woman and can be a Rover on ly in her words and not actual action. In fact all Behn attempts to do through her is minimize the difference between the status of the virgin and the whore as both Hellena and Angellica as advertise themselves in a way. According to the critic Nancy Copeland, Hellenas self-blazon in the first scene functions like Angellicas pictures hung out of lure buyers of her body (Angellica advertises herself publicly Hellenas self advertizing takes place within the privacy of her home).This difference is eroded, however, when Hellena is blazoned at the beginning of Act V. Also, We learn that Hellenas portion derives from her uncle, the old man who kept Angellica Bianca thus the gold Willmore receives from the courtesan has the same source as that which he will earn by marrying the virgin. It is not only through Hellena and Angellica that similarity between virgin and whore develops. For instance, both Florinda and Lucetta also advertise themselves publicly.Florinda passes a jeweled miniature of herself (another portrait) to Belvile, who then circulates it among his companions. Lucetta, the cunning whore, parades herself provocatively before her propective new dupe This is Stranger, I know by his gazing if he be brisk, heI venture to follow me and then if I understand my Trade, hes mine. Also at wickedness in the garden in undress, Florinda, carrying a little box of jewels-a double metonym for dowry and maidenhead, is also clearly reducing herself to an object of exchange.Thus while Angellica attempts to step out of the surface, material and exchange connotations of a painting, the virgins of the marriage plot are talking business and learning the powers of deferral and unveiling. CONCLUSION A woman then, arguably, was nothing more than an object. She seemingly couldnt escape being bought, sold, bargained for, fantasized about, fetishized and gazed at. However, contradictorily, even though her unbroken hymen (or virgin heart), portion (or gold) made her a valuable commod ity-it made the man a commodity too as he sold himself for dowry or generally money and sex.Yet somehow the Restoration man remained in the subject position, in both the marriage market and the world of literary and theatrical production. This is what puts a woman in a unsuccessful situation in both the private and the public sphere and Aphra Behn brings out this very discrepancy of norms and attitudes in her texts. Her texts expose the ugly bias in the solemnization of new found sexual liberty in her time. Here she shows that the gender economics of the Restoration era are complicated but they definitely square position the woman as a commodity.Aphra Behns women may, to a limited extend, try to escape this fate she does not gloss over the fact that these women will fail to do so till the entire market is restructured. BIBLIOGRAPHY Behn, Aphra. The Rover. Prakash, Asha S Kanwar & Anand. The Rover Worldview Critical Edition. Delhi Worldview Publications, 2000. 6-108. Diamond, El in. Gestus and Signature in Aphra Behns Rover. (1989). JSTOR. Web. 28 Feb. 2012. Gallagher, Catherine. Who was that Masked Woman? The Prostitute and the Playwight in the Comedies of Aphra Behn. Womens Studies (1988). Pancheco, Anita. Rape and The Female Subject in Aphra Behns The Rover (1998). JSTOR. Web. 28 Feb. 2012. Prakash, Anand. Designing Women Socially and Market-Wise Glimpses of the Restoration Strategy in The Rover. Prakash, Asha S Kanwar & Anand. The Rover. Delhi Worldview Publications, 2000. 162-177. Spencer, Jane, The Rover and the Eighteenth Century, Aphra Behn Studies, ed. Janet Todd, (Cambridge, 1996). Stephen, Szilagyi. The Sexual Politics of Behns Rover After Patriarchy (1998). JSTOR. Web. 28 Feb. 2012. Naina Thirani B. A. (Hons) in English, II Year (4th Semester) 2013.

Stalins And His Cult Of Personality History Essay

Stalin was an expert at reading and taking advantage of the assumption fortunes. After Lenin s decease he rapidly formed a rage of soulality almost him. After Lenin s worship had reached pathetic highs, Stalin began the surgical operation of making a furor of personality around himself while par exclusivelyely feeding off Lenin s cult and showing himself as Lenins natural Born replacement.During the thirties began the r unwrapine of Stalinisation. Stalin began societal reforms harmonizing to how he saw tantrum. The heathenish Revolution was an illustration of what he deemed to be against collectivized values. By assailing bourgeois civilization he remote all facets of non- collectivized elements of society and led the manner to a socialist Utopia. Furthermore he projected an absolute digit of himself by propaganda through the humanistic disciplines, symphony, painting and literature.Propaganda manifested in several(prenominal) different ways. Stalin projected himself as the visible radiation of the people through postings, pictures, sculptures, literature, music, movie.Other signifiers of propaganda included absolute restraint of the mass media, by which he censored some(prenominal) failures on a lower floor the Soviet trades union every while grave as foregrounding his successes as a human and a draw. Stalin s cult of personality extended to the young person sector of society as reliable. He understood the greatness of brainwashing the young person from an early age so as to transfuse the absolute impression of socialism in them. By rewriting text editions and history itself, he insist himself as a epic figure, one of the likes of Peter the Great.Despite his ruthless attempts to make this cult of personality, to be viewed as God by everyone, he was non in all successful maintaining in head that until his decease, there were resistance groups bearing a lasting hatred for the government and Stalin himself.IntroductionStalin was one of m any dictators to h one-time(a) created a cult of personality in his several government, in this instance the Soviet Union. The cult of personality is a term utilise when a state s leader ( such as the one in inquiry ) efficaciously uses propaganda, through which pull stringsing mass media to advance an absolute and supreme image of himself. As universal Secretary and leader of Russia s communist party, he was able to lift up in the Black Marias and heads of his people and be looked at in the said(prenominal) visible radiation as God. A cult of personality may besides be described as general hero worship.There were quadruple indispensable factors that gave birth to Stalin s personality cult. First, holding full control of the media, such as any broadcast medium webs and newspapers, he censored any ill-natured directiments aimed at him. Stalin was really efficient in utilizing propaganda. There was an copiousness of postings and statues lauding him with uninterrupted congratula tions. The principal of word of oral cavity , fe virile parents taught their kids that Stalin was the wisest adult male of the age . Finally, Stalin showed the range of his power by redacting exposure and rewriting history books so as to picture him as the hero of the Revolution. He besides obliterate purged names such as Trotsky.Stalin s cult of personality was created mostly through the usage of propaganda. Propaganda aimed at supplying a better clasp on power. Furthermore, it was implemented to set up his personal absolutism. To bolster and spread out the range of Soviet power. To take enemies. To command the people, create a feeling of brotherhood every bit good as commanding any knowledge sing the events of the war and the forepart. Propaganda was spread through art, literature, movies, intelligence, instruction and young person groups. by dint of this cult of personality Stalin was able to govern his personal absolutism un strange and undisputed. If this cult was non ple nty in acquiring people to follow him, the fright ( otherwise cognize as the Terror ) he struck in them was. Throughout his regulation any lucid resistance was dealt with through a series of purgings, and anyone who opposed Stalin straight was killed.Although in many eyes he was seen as a God, there were veritable people who were brave adequate to show their malcontent, including several authors, poets, painters and certain belowground organisations. One would believe that even after his decease Stalin would still be thought of as a hero. However in 1956 at the twentieth Party Congress, Khrushchev made a study in which he denounced Stalin s government and knock his cult of personality. This unfavorable judgment in itself was percentage of the procedure of destalinization.1. Propaganda and the CultStalin was the political donee and one who emerged as a political christ out of the 19th century. His power-seeking attitude was depicted and interpreted as the Jesus of the people a nd one who understood and redeemed their sorrow and agony. Without this fertile aagricultural dirt of post- ultra Russia, the cult environing him would neer hold grown so huge 1 . both cults of personality are for the larger portion fiction. An overdone image of Stalin had to be created and was brought away. This is nt to state that without his cult he would be a nonexistence. As shown during the period of his heave to power, Stalin possessed personal and political properties separate from the cult. As Richard Overy argues, the job Stalin faced was that he was non a sovereign, or a talented military commanding officer. Stalin was awake(predicate) that whatever will and power he projected by himself would non do, and that his claim to supreme and entire power would be achieved by unnaturally imitating a esthesis of authorization. 2 Furthermore, Overy speculates that the glorious being that Stalin presented, was nil like the adult male himself. He states that Stalin consulted memb ers of the Moscow State Theater for lessons refering his dictatorial image. expiratione given to him included, speaking easy, be a larger image than him and life itself, and utilizing his pipe as an image foil. 3 1.1 Purpose of PropagandaThe Soviet Government utilized all available resources and a broad scope of agencies in the effort to pull strings public sentiment in its favor. Propaganda was carefully designed to act upon positions and public judgement. Through several schemes, the Soviet Government was able to beef up the coveted belief of the accomplishments of socialism and the illustriousness of itself. The gradual development of a cult of personality was cogent recount in itself that propaganda was used to function the demands of the Soviet leading and non those of socialism. As western historiographers argue, any support for Stalin was the consequence of extreme usage of propaganda. The usage of propaganda was exceptionally well-disposed in dissembling the failures of t he Five-Year Plans and advancing the successes of the government activity.Lenin s and Stalin s CultDuring the period of the 1920s through the 1930s the Soviet Government created devil cults of personality. One around Lenin and subsequently on around Stalin.Lenin was strongly against the thought of epic worship every bit good as the embalming of the dead 4 . Be this as it may, Stalin was sharp in taking advantage of the given fortunes. Equally shortly as Lenin died, Stalin saw to it that he was worshiped as the hero of communism. Lenin appeared in newspapers and statues were built in his award. His image and ideals were used to drive the population towards copying his commitment to communism. The most revealing illustration of Lenin s usage for political intents, was his embalming for show in the mausoleum in violent Square. Furthermore, Petrograd was renamed Leningrad in 1924. At the clip of his decease there was a moving ridge of support from which the Soviet authorities was ab le to construct on, as seen by the waiting lines constructing up to see his embalmed organic structure. This cult was really fruitful for Stalin who continuously projected himself as Lenin s natural replacement. 5 The 2nd cult of personality that emerged was that of Stalin s. In 1923, a town once known as Tsaritsyn was renamed Stalingrad. Following Lenin s decease, slogan phrases such as, Stalin is the Lenin of today , put in circulation by Barbusse, became widely popular within the rank and file members of the party 6 . Stalin neer let travel of the bond he had created to bind himself and Lenin s bequest, which he used to shelter himself from unfavorable judgment 7 . Stalin fed on the cult of personality he developed around Lenin which he finally devoured by the destination of the 1930s. The cult go arounding around Stalin had become more apparent and after the Second World War this cult had risen to pathetic highs.The pagan RevolutionAfter 1924, the authorities had pull in t he the significance of popular civilization and in the period of 1928-32 the authorities made a more co-ordinated effort in utilizing civilization for its ain benefit known as the Cultural Revolution. Stalin used popular civilization non merely to help the publicity of his image but besides to transfuse socialist values and his policies within people. Stalin used civilization to convey forth his cult of personality, it was apparent that popular civilization was used as tool of the party instead functioning the demands of socialism. The purposes of the Cultural Revolution were to take any kind of art signifiers directed to an sole, higher category audience, normally know as the Bourgeois civilization . To show a positive image of the success of the Soviet Union and besides to back up authorities policy. By the terminal of the 1930s it was used to unite the Russian people at the face of menace of war. 8 The Cultural Revolution aimed to purge all facets of bourgeois civilization. The authorities made usage of immature Communists who were encourage to assail bourgeois civilization. Performances were disrupted by whistling and shouting. In literature, an administration known as the Russian Association of Proletarian Writers ( RAPP ) was formed whose intent was to deal all publications of books and do certain that they were written the right manner . This is to state that they promoted the values of socialism through their authorship. The RAPP favored the Hagiographas that stressed and highlighted the accomplishments of workers and husbandmans. This attitude was subsequently tagged as the the cult of the small adult male . 9 Stalin recognised the importance of authors naming them the applied scientists of human psyches , and this organic structure was to organize all authors in the effort to convey forth socialist pragmatism. 10 The Cultural Revolution besides aimed at advancing a perceptual experience of what socialist policy should be like. This led to the manifestation of a construct known as airy Utopianism , which was instead separate from realistic political relations. These visionaries enforced thoughts of proximo socialism in their plants.Music suffered every bit good from turning force per unit area. In 1935 after watching a public innovation of Shostakovich s opera Lady Macbeth of Mtensk, Stalin was in a province of daze. His offense ballad in the sleeping room scene where trombones were used to underscore what was go oning. It was common cognition after that if one wished to maintain working in the country of the humanistic disciplines, it was in their best involvements to lodge with well-worn subjects than experiment. A equivalent oraganisation to that of the RAPP was formed refering the music industry. Stalin had formed this administration instill Soviet values within music, to advance his image ( which was done by including Stalin s name in the national anthem ) and to filtrate out any hints of businessperson ever y bit good as western elements. The Proletarian Musicians called western popular music the vocal and dance of the period of the calamity of capitalist economy , the fox-trot the dance of slaves and the tango the music of impotents . The typical political orientation and attitude of actor composers was, differentiation of vocal over instrumental music, simple data format, clear harmoniousness and a basic hate of Western political orientation and importance of communism. Stalin condemned all signifiers of music, be it gypsy wind or classical. For Stalin foreign or broad signifiers of music was the tuneful equivalent of sabotage. In 1929, Stalin banned any semiprivate sheet music publication, every bit good as censoring itinerant music on the wireless. To foster the purgings on music, in 1928 the author saying Gorky related wind to subjects of homosexualism, drugs and businessperson erotism. On the other manus nevertheless, proletarian instrumentalists were non able to make de sirable replacements. They were hapless composers of lowly endowment. Their music was stale with a march-like beat. In 1932, the Russian Association of Proletarian Musicians was abolished and Stalin suggested an emotional turbulence. As a consequence, all signifiers of music were re-introduced. 11 Art was manipulated merely every bit good in the effort to project the ideal vision of life under the Five-year Plans. The thought behind Socialistic Realism concluded in the abolition of hook art as postings. Stalin issued pictures and sculptures of provincials and industrial workers collaborating for the benefit of socialism and being rewarded for their attempts and work. Stalin continued to absorb Lenin s cult by constructing huge statues next to those of Lenin. During the 1930s collectible to Stalin s signifier of subject through legion purgings, people had fallen out of favor. In order to re-assert himself as the visible radiation in their eyes, pictures and exposures were re-edited so as to portray Stalin as Lenin s closest comrade. Stalin besides used this method of re-editing art to extinguish resistance and personal challengers. Trotsky for illustration was cut out from images sitting beside Lenin and replaced with Stalin. This column behavior was evident even in group exposures, as one of 15 people could hold been reduced to seven. 12 By the terminal of the 1930s the humanistic disciplines were used to reenforce socialist values and Stalin s cult. All signifiers of art were used to foreground his qualities and p harry his really being. Stalin was portrayed as the hero of the civil war and the Jesus of the revolution. Protecting the party from Leftist and Rightist onslaughts. Artists painted Stalin as the large hero or Vozhd ( the foreman ) . 13 3. Different Forms of PropagandaOther signifiers of propaganda included pull stringsing mass media coverage, set uping young person administrations and brainwashing kids from an early age through instruction so a s to raise them with socialist values instilled within them.3.1 MediaThe authorities s influence ranged every bit far as the mass media including newspapers and the wireless. Pravda and Izvestiya were newspapers with a infinitesimal measure of alert information every bit good as a limited aggregation of expressed positions and sentiments. Pravda was the chief day-to-day newspaper of the USSR and the Communist Party s official newspaper. Izvestiya was a national owned and popular day-to-day newspaper. These documents were most likely to describe on economic accomplishments, citing statistics to underscore the spheres of success every bit good as publication demands for harder labor. The imperativeness had fallen into the custodies of the authorities merely to be used for censoring and for propaganda intents. 14 The use of mass media for propaganda became more superior in 1941 when war was unleashed between the Soviet Union and Nazi Germany. At the clip, this war was known as the P atriotic War. A batch of accent prevarications in the word loyal . This was intentionally published by newspapers under Stalin s orders so as to make a feeling of integrity, comrades contending against the enemy. During this period of war old ages, Stalin used these resources to distribute the thought and to remind the people that, Stalin will take Russia to triumph and that by following his orders they could get the better of all adversities as good vouching a comfortable hereafter. 15 In the spirit of supporting the fatherland and back uping fellow companions at the forepart, Pravda stated in an column, Art in the Service of the Red phalanx Let dramatists, composers, poets, novelists and creative persons glorify the epic consequence of the Red Army and the full Soviet people, because, in these yearss of the Patriotic War, their work for the Red Army will assist convey close our triumph over the enemy.Let them animate the people and out Red Army to go on the ominous battle against the enemy, so that our warriors should travel into conflict with a menacing and cheerful vocal, boy that from every image, from every frame in a movie, from every pageboy in a newspaper the creative person, the poet, the author should fire a well-aimed shooting at the enemy. Furthermore, Stalin used the mass media to command information being sent in and out. This is to state that he performed day-to-day reviews of newspaper articles so as to wipe out any ill-natured sentiments directed towards him. During war-time old ages, he say everyone to manus in their ain wirelesss in exchange for authorities issue. This was a safeguard taken by Stalin, to vouch their ignorance and his wellbeing. He could non afford the population having information from foreign beginnings like the BBC or any German broadcast medium webs. As stated antecedently, he masked the failures of the Five-Year Plans, and holding full control of the media, he merely reported of the successes, if any. As a co nsequence, general perceptual experience of socialism was reinforced every bit good as his position as a strategically smart commanding officer and a valorous leader. 16 Alternatively of following the profit-maximizing attitude of supplying what the spectator wants, in the Soviet Union the media existed in conformity to the dominant political orientation of the Communist Party. The impression of Social Realism extended into the mass media supplying menage support for the current political line. Suppressing contrasting political sentiments, every bit good as portraying the worst possible life style under capitalist economy. Varied sentiments refering the USSR, every bit good as societal insufficiencies in the Soviet brotherhood were purely out subjects. Through the mass media, Stalin created a black-and-white universe. Anything communist or Soviet related was favourable, a positive facet of life, and anything capitalistic imperialistic or American related was bad. 17 3.2 young perso n Organisations and Education.Stalin recognised the importance of determining the heads of the immature from an early age. The agencies used to this terminal were certain youth administrations established and controlled under the Communist Party and the instruction system. The two chief young person administrations were the Pioneers, for persons under the age of 14 and Komsomol for the age scope from 14 to 28. Komsomol played a important function during the period of the Cultural Revolution. Komsomol members were ordered to assail all elements of bourgeois civilization and category enemies. Komsomol s success is demonstrated by its figures. In 1929 there were 2.3 million members making the summit of 10.2 million members in 1940. 18 Komsomol provided immature Communists a intent. The Cultural Revolution was seen as a more effectual measure towards the creative activity of the socialist Utopia that many of these immature Communists lived up to. One facet of society that was influence d by the invasion of Komsomol was that of instruction. As a consequence of the onslaughts on bourgeois civilization, many instructors were take away from their instruction places every bit good as the prostration of educational establishments. Komsomol s actions were acquiring out of manus, so the authorities was forced to reconstruct order. tick and a stricter course of study were established under The Educational Law of 1935.Stalin noticed that the Cultural Revolution had led to the break and debasement of the educational system. From 1935, a series of steps were set away designed to enforce stableness. Lone authorities approved text editions were allowed and formal scrutinies were reintroduced. In order to fire his excellence into their heads, Stalin introduced the instruction of communist political orientation. Stalin rewrote chapters in some text editions himself, rewriting history to portray himself as the hero of the Revolution, and associating himself with historical icon s like Peter the Great. 19 DecisionStalin s hunt for power was absolute. His methods to accomplish it were ruthless. There is a distinct connexion between method and consequence in his policies and behavior. Stalin was both merciless in his chase for power and efficient in his usage of it. Stalin was successful in making a cult of personality, determining what the people thought of him and finally achieving a god-like position. He created a totalitarian province, more effectual than that of his contemporaries- Hitler and Mussolini. Stalin promoted his personal qualities through entire control of internal developments and working all available chances, such as the naivete of the population every bit good as sharing Lenin s popularity. He reached the top by immediately extinguishing any evident challengers and resistances through purgings. He changed the people s cultural, societal and political political orientations with those of his ain.By presenting the Cultural Revolution and the Great Terror, Stalin granted himself an absolute degree of control as the exclusive supplier of cognition, and as the supreme illustration of what people should draw a bead on to be. Nevertheless non all sectors of the population were unbidden to accept Stalin taking them blindly down the way of his choosing. Certain sectors of the rural population expressed their ill will to the government. They harbored a lasting hatred for the authorities after holding endured the horrors of the collectivization procedure, whose failure was neatly masked by Stalin s propaganda. Although Stalin s god-like power was thought to be unflawed and far-reaching, that did non halt sub-cultures and revolutionary groups from shooting. The bead of government-controlled music limitations issued at the terminal of the 1930s was cogent evidence of the fact that Stalin s power was non absolute and could non command all facets of society. Although for the most portion of the population he was seen as the bright est visible radiation, certain members of the population were non drawn in by his sweet-talk and illusory actions. Underground street packs and the gulag showed their opposition by developing their ain gags and vocals.

Details of an Energy Audit

Contentss pageAbstract.1Introduction1Methodology..1Brief background on vim.1.1The difference amid a kW and a watt..1.1.1How much energy do you devour in a month, twelvemonth, hence how make you cipher these values1.1.2calendar months of the twelvemonth you con statee a batch electricity2Appliances that consume a batch of electricity in your household2Recommendations on how you could amputate down your electricity bill..2How much you could salvage per month2Disadvantages of cut downing your energy bill2References..2-3Appendix.5Abstraction nowa daylights in South Africa we are holding outages in our power supply of which is a job that is caused by direction, utmost conditions conditions, the presence of few natural stuffs and full treatment failure. The intent of my research is to make an energy audit for my place and hence purpose it to gauge approximately the figure of other families excepting me that are practising the same action style as mine in order to find the whole conse quence it can hold countrywide I get out utilize solely my findings to my advantage which includes, largely of import to utilize energy more(prenominal) expeditiously, prevent doing hit-or-miss determinations refering energy use and too to seek to plan and/or deal energy workss more sagely. Hence I can still utilize my consequences to happen out the tendencies and forms of energy use overtime. My findings are as follows, we have diadem and off-peak seasons of energy use, and besides we have reasonably adequate difference in our measure statements. brawn audits are non utile at all cost unless you result down all the recommendations stated on the analysis.IntroductionLast twelvemonth in South Africa we started to see a deficit supply once more like 2008, of electricity from ESKOM which resulted in burden sloughing and curtailment as control measures to this issue. My hypothesis for this research is as follows, there is an addition or downslope of energy ingestion in my plac e during peak and off-peak seasons. All the findings that I will bring forth will be reflecting my homes energy ingestion. When I did this study I had some few ends in head that I wanted to accomplish, foremost I want to implement practical methods which are sincerely effectual in salvaging energy, secondly I want to do an consciousness of what are the possible hereafter events that we can see as a consequence of taking hit-or-miss determinations sing energy, hence I want them to do deliberate moves whenever they use electricity and my last purpose is to convert my parents to implement every bit many as possible of my recommendations when it comes to power salvaging, from what I have I can state that my energy study will support me and my household to accomplish this job we are presently confronting at the minute.MethodIn this subdivision I will demo all my general scientific process I used to obtain my consequences logically. First I collected all the pieces of information that I will necessitate to do my undertaking a world, this includesEnergy measures, and general information about my place i.e. which devices do we utilize and how long do we utilize themBRIEF BACKGROUND ON ENERGY1.1.1The difference amidst a kW and a WA kW and a W they both measure the same measure i.e. power ( the rate at which work is done ) , the lone difference is that a W is 1*10-3a kW, and the unit of measuring of kW.h is the work done ( i.e. the energy ) the merchandise of power and the pare taken T.1.1.2 How much energy do you devour in a month, twelvemonth, how do you cipher these Numberss?I will presume that a month has 30 yearss for computation intents, hence I will utilize table 1 on page 5 for all the relevant values required in the computations Tocopherol ( kWh/day ) =P ( kilowatt ) *t ( h/day ) ?1000 ( w/kW ) and for the cost I will utilize this structure Cost ( cents/day ) =E ( kWh/day ) *Cost ( cents/kWh ) ?100 ( cents/R ) . Our tariff charge in Nkomazi municipality is R1.3531 per kWh unit. Energy In a month=E*30 yearss and in a twelvemonth is E*365 for an single contraption.Calendar months of the twelvemonth where electricity is consumed the mostJune-August is regarded as the clip of the twelvemonth were the is a really high demand of electricity because of the rough conditions conditions that are outside, people tend to prosecute themselves into indoor activities or watch Television for the whole twenty-four hours, and besides due to the utmost conditions people use a batch of heating contraptions to maintain themselves warm during winterDevicess that consume a batch of electricity in my familyall the devices that are highlighted in yellow in table 1.i used the expression stated beneath to cipher this.Recommendations on how you could cut down your energy measureHeat the piddle with a boiler instead than a pot, rinse your dishes utilizing your custodies prevent utilizing the lavation machine, neer leave your Fe unattended, purchase a new theore tical account refrigerator since it saves more energy. Ensure that you unplug the microwave since it uses energy to maintain the clock show on. I suggest that you continue utilizing your ceiling fan than buying the air conditioner.Amount you can salvage p/m if you implement the above recommendationsthe sum you can salvage is indicated on the appendix page,I assumed that you slump the clip use by 5 % except for the icebox.Disadvantages of using my recommendations stated beneathYou will midriff up non finishing your undertakings up to the maximal distributor point a good illustration is when utilizing a computing machine. Again when you cut the clip for the visible radiation bulbs finally you will be in the dark. what is more if you want to cut the clip for the icebox you will stop up holding spoiled nutrient material.DecisionFrom this energy audit it is clear that if you will utilize an contraption for a long clip it will devour a batch of energy, therefore even though an contra ption have a lower power evaluation but if you will utilize it for a long clip it will devour a batch of energy. Sing the conflict of cut downing the electricity measure for some contraptions I dont see it as a good thought since you might stop up non working up to the peak degree of your undertakings.MentionsRichard, M. Felder,Ronald, W. Rousseau.2005.Elementary rules of chemical procedure.3rdEdition. United States of AmericaJohn Wiley & A Sons, Inc.Lynne C. Capehart,Barney L. Capehart.Writing user- friendly Energy audits studies. University of Florida energy analysis and diagnostic. section of Industrial and Systems technology.Deon Conradie. 2014/15.Duty& A Charges booklet. South Africa. The Eskom Company.Singer, Brett C. , Jennifer L. Coughlin, and Paul Mathew,Summary of Information and Resources Related to Energy Use in Hospitals-Version 1.0,Report LBNL-2744, Lawrence Berkeley National Laboratory, Berkeley, October 2009, pp 53. , hypertext remove protocol //hightech.lbl.gov /documents/healthcare/lbnl-2744e.pdfSpecialists in work Information,Energy-Efficient Home Renovations Market, Full Report,December 2009, 248 pp. , hypertext transfer protocol //www.sbireports.com/Energy-Efficient-Home-2287648/ . Accessed April 2015.Sanchez, Marla, Carrie Webber, Richard Brown, John Busch, Margaret Pinckard, and Judy Roberson,Space Heaters, Computers, Cell phone Chargers How plugged in Are Commercial Buildings? Report LBNL-62397, Lawrence Berkeley National Laboratory, Berkeley, February 2007, 15 pp. , hypertext transfer protocol //enduse.lbl.gov/info/LBNL-62397.pdf.Rogers, David, Data Centers Cost and Energy Savings ( Presentation at the Program Meeting, Long Beach, California, 2008 ) , http //www.cee1.org/cee/mtg/01-08ppt/thursday/23RogersBCHydroaData % 20Centers01172008.pdfOstendorp, Peter, Suzanne Foster, and Chris Calwell,Televisions Mode Energy Use and Opportunities for Energy Savings,NRDC Issue Paper, Natural Resources Defense Council, Washington D.C. , March 2005,hypertext transfer protocol //www.nrdc.org/air/energy/energyeff/tv.pdfAmerican Council for an Energy Efficient Economy,Emerging engineerings study In-Home energy usage shows.Washington, D.C. , July, 2007, hypertext transfer protocol //www.aceee.org/emertech/2006_EnergyDisplays.pdfAppendixTable 1 Appliances that uses electricityAppliancekilowatthrs./dayE/dayE/monthE/yearDishwasher1.200.7500.90027.0329Microwave1.400.4200.58817.6214Refrigerator0.35012.94.521341650Washing machine0.5000.4290.2156.4578.5Iron1.100.5000.55016.5200Computer0.2005.001.0030.0365Fan ceiling0.1004.500.45013.5164Television 130.06004.500.2708.1098.6Light bulbs0.06006.000.3601081314Toaster1.100.1800.1985.9472.3Electric range4.000.9103.641091329Blender0.3000.05830.01750.52563.9Kettle2.000.4080.81624.5298Table 2 Cost of the contraptions per month before and after 5 % decreaseAppliancesCost/day ( before )Cost/day ( after )MonthlyCost ( before )Monthly cost ( 5 % )SalvagingDishwasher0.1220.1163.663.480.18Refrigera tor0.06111.83 . .Washing machine0.002900.002760.08700.08280.00420Iron0.007440.007080.2230.2120.0110Computer0.01350.01290.4050.3860.0190Fan ceiling0.006090.005790.1830.1740.00900Television 130.003650.003480.1100.1040.00600Toaster0.002680.002540.08040.07620.00420Electric range0.04930.04681.481.400.0800Blender0.0002370.0002250.007110.006750.000360Kettle0.01100.01050.3300.3150.0150Microwave0.007960.007570.2390.2270.0120Light bulbs0.04870.04631.461.390.0700*Note there are no values for the icebox since cut downing the sum clip will do the nutrient inside to botch.Monthly cost after 5 % reduction=sum of single cost *100=R785.40c excepting the icebox ( if included =R968.40c )Cost before reduction=R826.50c therefore the economy is R41.10c excl. icebox.

Uphill: Question and End

Angela Wigger Rosebrough English Comp II October 5, 2012 Explication Essay Uphill written by Christina Rossetti, this song is explaining life as a voyage and lifes unavoidable death. This poem tells the contributor that no matter what we face in life there is going to be hard multiplication that we must endure. Lifes road bequeath never be easy and no matter how we choose to live our life, death is the ultimate cost we must pay. We must try to live life the best we know how so that in the end we go away settle comfort in our resting place. Rossetti sets the odour of this poem as conversational.A interview is asked by her and someone then answers her. This pattern is used throughout the entire poem. Four stanzas are used, cardinal questions are asked and two answers are given. The rhythm of this poem gives the reader the feel as if they were climbing uphill. The rhythm used is ABAB. The meter used in this poem gives the reader a feeling of pacing steps as if they were climb ing. There is an alternating pattern of five stresses per line (pentameter) then three stresses per line (trimester). Uphill starts by enquire a question Does the road wind uphill all told the way? Rossetti is simply asking if lifes jaunt is uphill. Then in the second line someone answers her back saying, Yes, to the very end. This gives the reader a feeling of sadness, mobilizeing that life will be a long journey with many challenges ahead. In line three and four there is another question with an answer. Will the journey take the upstanding day long? (3)/ From aurora to night, my friend. (4) The words in these four lines continue to give the reader a feeling of uneasiness. They are telling the reader that life is difficult and will be long.As we come to the second stanza Rossetti begins to ask questions about the challenges that may be faced as the journey is travelled. In line five But is there for a night a resting place? Then in line six is answered A roof for when the s low dark hours begin. In line five Rossetti is asking if there will be place to rest at the end of her journey of life. The response is yes there will be a roof where you will find a sort of peace. In line seven Rossetti is asking how she will be able to find this place, May not the darkness cutis it from my face? The author is hoping she will find this place.The answer in line cardinal reassures her that she will find the place, You cannot miss that inn. By the end of line eight the reader can assume that there is an end to the journey, some place, somewhere the reader believes in when the end of life comes. As the reader continues to read lines lodge and ten, we see that the author is asking questions about ones who have travelled this long road before. The question asked is, Shall I meet other wayfarers at night? Is then answered with, Those who have gone before. This answer tells her that the ones who have travelled this road will be there waiting in the end.As we read l ine eleven the question is returned back to the subject of the inn. Then must I knock, or call when right in sight? Again this question makes the reader think about the end of the journey. They will not keep you standing at that door. The answer lets her know that the travelers that have past will not leave her there, they will take her in. In the fourth stanza the reader sees the true question being asked. The author finally asks the main question, Shall I find comfort, travel-sore and weak? This question is asked to find out if in the end she is going to end up where she should be.She wants to know if this place is going to be comfortable for her or if she will even similar it there. Line fourteen gives her the answer, Of labor you shall find the sum. This answer is telling her that depending on the way she lives her life is going to determine how comfortable she will be. The last lines of the poem the author is trying to bring back her original question of comfort by asking , Will there be beds for me and all who seek? The answer she receives is, simply, Yea, beds for all who come. As the reader comes to the end of this poem, we wonder, who is answering these questions.Is it someone who has travelled this road before? Rossetti left this question for the reader to answer for themselves. Whatever entity we choose it to be. Whether it be God, or Jesus, or whatever the reader believes in. Rossetti writes this poem with very simple rhythm and conversation. This is her view of lifes journey, with all the challenges we face, in the end hopefully peace and comfort will be found. UPHILL by Christina Rossetti (1830-1894) Does the road wind up-hill all the way? Yes, to the very end. Will the days journey take the whole long day? From morn to night, my friend. But is there for the night a resting-place?A roof for when the slow dark hours begin. May not the darkness secrete it from my face? You cannot miss that inn. Shall I meet other wayfarers at night? Those w ho have gone before. Then must I knock, or call when just in sight? They will not keep you standing at that door. Shall I find comfort, travel-sore and weak? Of labor you shall find the sum. Will there be beds for me and all who seek? Yea, beds for all who come. Work Cited Kennedy, X. J. , and Dana Gioia. Backpack literature an introduction to fiction, poetry, drama, and writing. 4th ed. Boston Pearson, 2012. Print. MLA formatting by BibMe. org.

Criminal Law Outline

Criminal jurisprudence Outline apologys of Punishment 1. Consequentialist hypothesis a. mapions argon mor everyy regenerate if and only(prenominal) if they result in desirable outcomes b. Rely on theory of utilitarianism to justify penalisement Forward expression effects of penalty. General disincentive, tripicularized deterrence, rehabilitation, incapacitation 2. Nonconsequentialist Theory c. Actions be virtuously impairment in themselves, regardless(prenominal) of the implications d. Theory of Retri just nowivism look back at the harm and calibrate the punishment to the saturnineence Theories of Punishment ) Incapacitation Incarceration to reach them harmless 2) Retri unlession collective condemnation of confederation bearing down. Just Deserts 3) Rehabilitation collapse the felon skills and values to view as them a constabulary- stay on citizen 4) General disincentive deter other guiltys from devoteting nuisances 5) peculiar(prenominal) Deterrence det er the punished illegal from future crimes Justifications for Punishment in Context 1. The font of doubting Thomas Dudley (Eng. 1884) Stranded at sea for 24 get along with, 2 men conspire and kill a one-third to eat. Charged with dispatch and sentenced to closing a. Necessity defence doesnt apply. lawfulnessfully cleansing a nonher to save yourself is only in reference to want and self- self-denial (violence towards yourself) Retri nonwithstandingive in nature 2. heap v Suite military man owned . 32 caliber pistol, non licensed as postulate by 1980 legislation. Sentenced to 30 days in jail b. Principle aim of the gun licensing law is general deterrence. Reduction of jail term would proclaim that premier time aversions would non result in jail for first time offenders and would keep back 30 days to be too harsh/abuse of discretion. Upheld to further ruler of general deterrence legislature intended commonplaces of ProofProsecution beyond a levelheaded doubt (st ate has high burden b/c unbiased until conjuren guilty) 1. Curley v US Judge essential ask if prosecution has introduced able proof much(prenominal) that a rational jury could decide that the prosecution has proven its case beyond a average doubt. If evidence plainhandedly permits a verdict of acquittal or guilt, decision is for the jury to make. excuse lawyers by the preponderance of the evidence. (self-defense, insanity, emergency) manage of Lenity When statutory mark is unclear, the ambiguity moldiness be adjudicate in favor of the Defendant.US v. Dauray Actus Reus Definition volunteer Act, social harm A get outing puzzle out that results in social harm, or an omission where at that place is a barter to number. 1. Thoughts do not constitute criminal do works 2. Actions compelled by the state do not constitute criminal dissembles 3. Criminal char defenderizations mustiness be voluntary 4. No liability for omission unless in that respect is a job to ac t 5. Status Crimes ar unconstitutional Cases Act, not thought 1) Pro lay out against thought crimes- recite v Dalton act was the writing of a baby molestation diary. Acquitted.From a deterrence perspective he should not be guilty from rehabilitation perspective maybe. Since regime is generally geargond to deterrence it was the right outcome 2) Hate crimes/speech- Wisconsin v Mitchell group of dingy men beats up young w forme boy a. Rule Statutes penalizing bigoted motivations (thoughts) argon confirm b. rationale these acts are more likely to provoke retaliatory crimes, so society has a grander interest in heavy them. Deterrence and retribution justify harsher penalties Voluntary, not nonvoluntary MPC 2. 01 Requirements of Voluntary Act 1) A psyche is not guilty of an hatred unless his liability is establish on contend which holds a voluntary act. (2) NOT voluntary Acts reflex/convulsion bodily movement during un assured brainiacness or rest period charter during hy pnosis bodily movement that otherwise is not a product of the effort or aim of the p intentiontarian, whether conscious or habitual 3) Acting below State Compulsion- Martin v State drunk on public lane b/c police brought him there c. Rule no voluntary act where state compelled the action. d. rationale stay the government from punishing the innocent 4) impulsive Acts- State v.Decina epileptic who knew of his source drives and kills children e. Rule an voluntary act john be voluntary when the individual(a) knew of its likelihood and failed to pr issuanceatively act f. Rationale it doesnt matter if a somebody is unconscious when the harm occurs as long as the act took place only be perform, during consciousness, there was bad thinking- here, foolhardiness or inadvertence in failure to pr make upt the harm. He purposefully put himself in a internet site that created a further peril. 5) Powell v Texas Powell superaerated with public boozing g.Rule Voluntary be name he cou ld deport observeed his appearance in public h. Rationale criminalizing voluntary behavior is cruel and unusual (8) this wasnt involuntary MPC 2. 01 Voluntary, involuntary, omission, receiveion * Involuntary Convulsion, piteous while unconscious or asleep, conduct during hypnosis, or a movement not a product of the effort or determination of the actor Voluntary defined by the negative * Omission liability for an omission on a lower floorsidenot rear unless the omission is made sufficient expressly in the language defining the offense, or a transaction to perform is imposed by law. Possession D must provoke been aware of possession for sufficient period to do been able 2 terminate it Status Crimes- Criminalizing a status violates 8th Amendment roughshod & Unusual 1) Robinson v California man with track marks charged with narcotics addition a. Rule/Rationale The act of using narcotics can be criminalized addiction cant. Criminal penalties may not be inflicted upon a indiv idual for INVOLUNTARY acts. 2) Powell v. Texas a chronic alcoholic was charged with being drunk in public b. Rule public drunkenness is not a status crime because it is PUBLIC. c.Rationale convicted of being D. I. P. not chronic alcoholic. willing act of choosing to drink without checking oneself from being in public is sufficiently proximate to the infrangible act of going out while drunk to give the state an ACT to punish. 3) Jones v metropolis of Los Angeles punished behavior on sidewalks 24-7 which homeless mess cant avoid. d. Rule it is unconstitutional to punish acts arising out of an involuntary status because these acts are in like manner necessarily involuntary. Omissions 1) Omission can be an actus reus where there is a legal tariff to act, and D was physically capable of acting. mens rea, causation, and concurrence clam up requisite) a. Contracts for care b. peculiar(prenominal) relationships c. Statutory duty d. D created the pretend of harm e. D voluntarily as sumed care (e sparely if others are prevented from giving care) 2) People v Beardsley man and woman get drunk over weekend, she surreptitiously takes morphia and slip bys after D gave her to roughlyone else to let her sleep it off f. Rule no legal duty existed because none of the 5 to a higher place were kick in. g. Rationale a legal duty is not the equal as a moral obligation acquaintances arent close enough relationally to create a legal duty without one of the above. ) earthywealth v Howard mother failed to prevent her daughters torture and score by a third troupe h. Rule parents comport a legal duty to protect their children- special relationship i. Rationale parents can be legitimately guided to act additionally, the omission was the direct cause of the death (medical rivuletimony). 4) leafy vegetablewealth v Pestinikas couple contracted to care for old man for $300/mo j. Rule failure to care for another is only a breach of a legal duty when the caregiver has chth onictaken the responsibility of care through contract or voluntarily k.Rationale the omission in state of affairs of duty cause harm D could have prevented. Mens Rea Definition The particular psychological state provided for in the translation of an offense. Rationale for Requiring Mens Rea Deterrence or Utilitarian Justification you cannot deter someone who does not have a guilty mind. Retributive Justification Just Deserts. You should not punish someone who is morally innocent. MPC v Common Law Equivalents of Mens Rea MPC 2. 02(2) Common Law Purposefully conscious object to devote Intent- natural and presumptive auses cogniseingly sensation substantial certainty Knowledge- aware of the particular, or correctly be pillowves it exists, including go forthful blindness Recklessly conscious disregard of foreseeable risk- subjective stock. Awareness. Concepts of recklessness and negligence are often embodied Negligently should have been aware of risk and disregard it- reaso nable person would have been awareNo characteristic b/n general, special role Distinction b/w general, specific function CL Uses the concept of mens rea in some terms Willfully, wickedly, maliciously, knowingly, spiritionally, negligently.No uniformity across states as to definitions MPC 4 mental states that are precisely defined. If no mental state is referenced in a statute, read in recklessly. Proving Intent, public law- natural and probable consequences doctrine 1. Regina v Cunningham Son in law stole gas meter to sell mother-in-law was heart-to-heart to coal gas. a. Malice delegacy (i) an actual intention to do the particular kind of harm that was in fact done or (ii) recklessness as to whether such harm should occur or not (foresaw risk continued some(prenominal) way of lifes) 2.State v Fugate D vote outs and kills store owner after forcing him into basement. b. Intent can be derivered from attendant thoughtfulnesss and composite picture developed by evidence, inc luding instrummyent used to produce death and the manner of inflicting a fatal wound. c. Intent to kill may be presumed where the natural and probable consequence of a wrongful act is to produce death. 3. Foreseeability Issues If harm is so foreseeable as to almost be certain to occur, intent can be found. Proving Knowledge, common law- willful blindness 1.US v Jewell a person acts knowingly for common law if the person is aware of the fact OR correctly believes it exists OR suspects the fact exists and purposefully avoids learning the truth a. Deliberate ignorance and positive intimacy are equally culpable. To act knowingly is not necessarily to act only with positive knowledge, but also to act with an awareness of the high probability of the existence of the fact in question. When such awareness is present, positive knowledge is not channeld. Transferred Intent only where harm is to people NOT property 1. Regina v Pembliton D threw stone at enemy, hit window kinda.Intent to h it friends is not intent to hit window mens rea is lacking. 2. Regina v. Falkner intent to steal rum is not intent to burn down a ship. 3. People v Scott D intended to shoot A and mutable B instead mens rea (intent) transfers. Society has a greater interest in deterring and punishing (retribution) people who kill than damage property. Common law Specific v General Intent remember the attendant circumstance * Specific intent statute requires intent to cause harm to the attendant circumstance to be convicted under a specific intent statute, you must intend (and succeed) in burning a BOOK.You must have a conscious objective that is more than just shorting a match. * Intending to everlasting(a) the act- purposefully, knowingly * General intent statute requires intent to do the act, only. Might punish setting thrust out to instead of saying, setting fire to woodland flora. Drunk people are likely to get clear under a general intent statute because the attendant circumstance is ge neral. * Intending the act- negligent, reckless * People v Atkins flack to overdress voluntary intoxication to charge of Arson. * Court finds Arson as general intent crime. inadmissible b/c only need to do actus reus.How MPC Avoids Specific Intent-General Intent Distinctions 1. MPC 2. 02(1) Minimum Requirements of culpableness a. Except as provided in 2. 05 ( unbending liability provision), a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or negligently with respect to each material element of the offense 2. MPC 1. 13(9) element of offense signifys (i) such conduct or (ii) attendant mess or (iii) such a result of conduct as b. is included in the description of the forbidden conduct in the definition of the offense or c. stablishes the required kind of culpability d. negatives an excuse or confession for such conduct e. Negatives a defense under the statute of limitations 3. MPC 1. 13(10) Material element of an offense means an element that does not relate totally to the statute of limitations, jurisdiction, venue, or any other matter similarly unconnected with (i) the harm or evil, attendant to conduct, sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct Strict Liability Crimes Statute lacks mens rea component. MPC reads recklessness into any statute deficient a mens rea. * TRUE STRICT LIABILITY CRIMES regulatory crimes, crimes against the public offbeat, morality offenses (statutory lash out), felony dispatch. MPC 2. 05 recognizes only minor violations and violations away(p) the MPC where it is plain that the legislature intended to create strict liability Morissette Ordinary presumption is to read mens rea in the statute (recklessness). Courts are likely to construe the following as strict liability offenses 1.Statute protects the public welfare 2. D is in a position to prevent the harm and it is reasonable to expect this of her 3. The p enalties imposed are light 4. There is little stigma associated with the offense 5. It is a newly created crime Commonwealth v Barone Woman killed another in a car crash, appeals on grounds that the statute imposed strict liability and she shouldnt be punished 1. If a statute is ambiguous, must read in reckless or negligent and cannot impose strict liability. Heavy penalties and negative stigma associated with this type of crime. misapprehension and Ignorance In general D chip ins a crime with a article of belief that turns out to be wrong. MPC what does the statute require for mens rea? Rationales for erroneous belief and Ignorance Defenses 1. Deterrence/Utilitarian Justification you cannot deter someone who does not possess a guilty mind 2. Retributivist justification just desserts. you should not punish someone who is morally innocent Question Tree 1. MPC or common law? a. What statute are you being asked to apply? 2. Mistake of fact or law? what must D show to prevail under mistake defense? b. MPC 2. 4 No distinction b/w mistake of fact and law i. Mistake of fact must negate mens rea of the statute ii. Mistake of law no defense unless provided in the statute iii. When D brooks mistake claim, P must prove that notwithstanding the mistake, D possessed requisite mens rea c. Common law iv. Mistake of fact 1. Specific intent honorable but undue mistake is a defense 2. General intent defense only if some(prenominal) honest and reasonable v. Mistake of law 3. No excuse, but three exceptions relied on formalised interp. f law, knowledge of illegality is an element of the crime, or no fair notice Common Law Cases Mistake of Fact 1. People v Navarro D took lumber, thinking it was abandoned. a. Larceny is a specific intent statute, so mistake of fact is a defense, if honest 2. Bell v State MINORITY VIEW no exculpation for mistake where, had the mistake of fact not been made, the conduct would still be illegal or immoral. b. Moral wrong test there is no vio lation of the culpability principle if the conduct is reprehensively punished without regard to mens rea- mistake of fact not a defense if the conduct is morally wrong. . take aim if reasonable ii. If reasonable, look at factual panorama. what is it that you (reasonably) thought you were doing? Insert candid response. iii. Evaluate morality of actors conduct. If morally wrong, it is sufficient to convict. c. Legal wrong test even if D can stray a reasonable mistake of fact, mistake of fact isnt a defense if, had the facts been as she thought, she would still be guilty of some other crime. d. Punishes D for the crime he was mistaken slightly draw inting (and so never did actually return) instead of for a lesser crime he did actually commit.Cases- Mistake of Law Ignorance of the law is not a defense against criminal liability UNLESS 1. Reasonably relied on an official rendition of the law (Marrero) 2. Where knowledge that the conduct is prohibited is an element of the crime. Ign orance or mistake negates the mens rea. a. Cheek v US When statute requires willfulness, Subjective standard is to be used and shall be destined by the factfinder. Need not be reasonable. b. Bryan v US (Gun Trafficker) Knowingly requires proof of knowledge of the facts that constitute the crime.Willfully requires knowledge of the specific regain they are fracture. However, ignorance of the law is no excuse knowledge that the conduct is unlawful is all that is required. 3. The prosecution of person lacking fair notice can violate due process c. Lambert- no fair notice. In order to be punished, there must be a probability that D had actual knowledge of the law before committing the crime. MPC * Does not allow mistake as a defense where D would be guilty of another offense had the situation been as he supposed but if that punishment is lesser, it will be imposed instead. Mistake of fact under MPC is a defense if it negates the mental state required for committee of the offense. * Mistake of law under MPC is a defense if the law provides that the state of mind conventional by such ignorance or mistake constitutes a defense * Relationship between various mistakes of fact and required mens rea levels Required Mens Rea Defense / D is not guilty if Purposely or knowingly whatsoever actual belief to the contrary (even if reckless) Recklessly Any non-reckless mistake of fact (even if negligent) Negligently Any non-negligent reasonable mistakeStrict Liability Even a very reasonable, non-negligent mistake is no defense * We apply MPC in RRH book burning example. Mistake can be a defense, but it has to be less than conscious disregard in all circumstances. RRHs mistake was negligent at the very worst, not even reckless. Causation Question Tree 1. Actual cause? a. But for Ds act, would the harm have occurred? i. No actual cause. (proceed to proximate cause analysis) ii. Yes not actual cause. 1. proximate cause? a. Is D the direct cause, such that it would be fair an d just to hold him presumable? i. Yes Then D has complete liability. ii.No proceed to interpose cause analysis a. Was there an intervening cause? If Dependent, D typically is proximate cause unless queer i. Yes 1. Was it dependent on Ds voluntary act? a. Yes next question i. Was it a bizarre situation? 1. No D has liability. 1. Yes D is absolved. 1. Was it independent of Ds voluntary act? a. Yes was it foreseeable? If yes, likely. If no, not liable a. No does anything above fit? i. No if there is no intervening cause and was proximate cause, D is liable. Cases 1. Commonwealth v Rementer woman runs from boyfriend into street, hit by car, killed a.Actual cause? YES. But for their fight, she would not have been in the street. b. proximate cause? First, was there an intervening cause? YES. ii. Was the intervening cause dependent or independent? 1. Dependent- he fought with her, and she ran. 2. In cases of intervening dependent cause, he is liable unless it was a bizarre situation. T hey were fighting in preceding of a road, so no. c. D is liable. Actual cause, and proximate cause, the latter through dep. Intervening 2. State v. Govan D shot the V in the neck, she became a quadriplegic d. Actual cause? YES.But for e. Proximate cause? Was there an intervening cause? Yes- pneumonia killed her. iii. Dependent or independent intervening cause? 3. Dependent- you dont die from TB unless youre a quadriplegic 4. Dependent intervening cause, not bizarre- D liable. iv. An intervening cause that was a coincidence will be a superseding cause when it was unforeseeable. Intervening causes that are a response will be superseding when it was abnormal and unforeseeable 3. Henderson v Kibbe drunk guy robbed and left on snowy road w/o glasses f. actual cause?YES. But for being left there g. Proximate cause? Was there an intervening cause? Yes. Indep or dep? v. Independent they werent driving the truck that hit him 5. If Indep, it was foreseeable, so D is liable. vi. Dependent bu t he wouldnt have been there without their robbing him 6. If Dep, truck wasnt bizarre, so D is liable. Concurrence Temporal and Motivational 1. Temporal concurrence D must possess the requisite mens rea at the same moment that her voluntary conduct (or omission) causes the social harm (or actus reus) 2.Motivational concurrence the mens rea must be the motivating military posture behind the act Sexual Offenses MPC Rape 213. 1 Rape if * fix to submit by rack of threats of death, thoroughgoing pain, etc OR * You give V GHB, etc OR * V is unconscious OR * V is younger than age 10. Felony 2nd degree * NO MISTAKE OF AGE defense UNDER AGE 10 * There is a mistake of age defense between 10 and age of consent Rape Traditional no rape unless push up was used to overcome the victims resistance (No resistance, then no force, then no rape) rape determination based on victims actions. ) Hetero entropyrmal vaginal intercourse NO MENS REA 2) of a woman, not the mans wife 3) by force and 4) w ithout her consent consent is an element that she did not consent has to be shown beyond a reasonable doubt by the prosecution in order to convict (hard to prove) a. FORCE Whether Ds acts used sufficient force to overcome Ps resistance, or whether his threats created in her mind a reasonable fear of harm. b. Rusk v State she didnt actively resist or attempt to run when she had the chance, so under the traditional get she could not have been raped. i.She state she was fearful, but unless D objectively manifested his intent to use physical force to accomplish his purpose, her submission will be read as consent because it couldnt have been reasonable without an objective manifestation. ii. DISSENT (now majority rule) this view requires too much resistance from the victim- and resisting victims get hurt more often. Modern force fate met by nonconsensual penetration- no need for resistance that requires force to overcome. Rape determination based on Ds actions, not Vs actions or chara cter. * Modern rape law is built around pregnant consent. It is gender neutral, includes the word coercion, includes more than vaginal intercourse, uses the term sexualityual transport instead of rape * Consent is an affirmative defense, not an element 1) Physical force or coercion 2) NO verbalized CONSENT ELEMENT consent is an affirmative defense a question that she may have consented has to be raised by a preponderance of the evidence a. State of New Jersey v MTS force requirement met by nonconsensual penetration. Physical force in excess of that inherent in the act of sexual penetration is not required for such penetration to be unlawful i.There is an inherent wrong in forced sexual intimacy- crime against a persons right to tick off her body. Rape is violating the celestial sphere of privacy. 3) WHAT COUNTS AS CONSENT? Permission can be inferred either from acts or statements reasonably viewed in light of the surrounding circumstances b. In re John Z Woman participated in sexual acts for a while after penetration told him to stop. ii. Forcible rape is still move when V consents initially, then withdraws consent, but D continues having sex with her iii.Her consent can be debated- she consented through acts, then lightly verbally said no, but physically continued Statutory Rape * Common law Sex with a pistillate under the age of consent. * Assumes male D, female V * Heterosexual, vaginal intercourse * No force required * No non-consent required (so if she consented its still statutory rape) * MPC 213. 4 Sexual assault. Sex with child under age 10 is a strict liability crime, no mistake of age defense. Between age 10 and age of consent, there is a mistake of age defense. Garnett even a mentally disabled person can be convicted of statutory rape with a person his mental equivalent- we dont care about mindset, only about the act. * Scholars think strict liability crimes dont mete out a deterrent purpose because they punish without regard to the actor s state of mind. * But I think this port of liability is a good thing overall because people are aware that if they have sex with someone who looks young, they could be in trouble- forces people to be a bit more creditworthy- but then, people probably dont think of the punishments ahead of time, either.Homicide Common law 4 primary kinds of homicide. (** minority rule) Murder, 1st degree Murder, 2nd degree Voluntary Manslaughter Involuntary Manslaughter Murder The unlawful killing of a human being with bitchiness aforethought Manslaughter The unlawful killing of another human being without malice aforethought CL 4 conditions when malice aforethought is present 1. An intent to kill 2. Intent to commit serious bodily harm 3. An abandoned and cancerous heart or depraved heart 4. The felony carrying out rule applies If D intends to kill, he acts with express malice.If malice aforethought is shown in any other way, it is implied malice. bankable Evidence when proof of absent depen ds on malice aforethought 1. Inferred from circumstantial evidence 2. Deadly tool rule Can infer intent to kill when D uses deadly weapon and aims it vital part of body 3. Natural and probable consequences rule Murder, 1st degree Murder involved * Premeditation and awkwardness * Premeditated intent to kill. Killer reflected upon and thought about the killing in advance * Deliberation. Refers to the quality of the impeachs thought process * Statutory felony murder. Lying in wait, poison, torture, etc. Murder, 2nd degree * unplanned intent to kill * Intent to cause great bodily harm** * Depraved heart/ extreme recklessness * All other felony murders Murder Cases * State v Brown Death of 4 y. o. resulting from debacle from father. charged with M1 * To be guilty of first degree murder, one must act with premeditation and deliberateness in addition to malice aforethought * Although premeditation can be formed in an instant, it must be done deliberately- with undisturbedness and re flection * State v Bingham Raped and smothered on highway To allow a decision of premeditation only because the act takes an appreciable amount of time obliterates the distinction b/w 1st and 2nd degree murder. Having the opportunity to deliberate is not evidence of deliberation. Otherwise, any form of killing which took more than a moment could result in a finding of premeditation, without some form addl evidence showing reflection * Gilbert v State 75 y. o. man killed lunacy wife by shooting her * good faith is not a legal defense to first degree murder Voluntary manslaughter Intent to kill plus reasonable irritation (always has to be reasonable provocation for charge of voluntary manslaughter- something akin to heat of passion. But for provocation, this person wouldnt be a killer) * incitement One who kills in response to legally adequate provocation is treated as having acted without malice aforethought, the mens rea required for murder * Intent to kill plus imperfect self d efense** (D might have over-defended themselves) * haggard Capacity 3 ways to determine if D is entitled to provocation defense * Common law categorical defense.If kill in response to * Aggravated Assault or battery * The observation of a serious crime against a close relative * Illegal arrest * Mutual combat * sleuthing ones wife in the act of adultury * Mere Words Rule Mere nomenclature are never enough to constitute legally adequate provocation * People v Ambro H stabbed wife after verbal goading and revealing that she was in an affair * Mere words are usually not enough. Exception to which is when there is a series of provoking statements and circumstances. * Modern Reasonable Man. board must find * D actually acted in the heat of passion The heat of passion was arouse by an act or event that would have also provoked a reasonable person in the Ds shoes to lose self-control * D did not have sufficient time to cool off b/w provocative event and the killing * A reasonable pers on in Ds shoes would not have had sufficient time to cool * There must be a causal connection b/w the provocation, the passion, and the killing * People v Barry Husband strangled wife with phone cord after hearing that she was leaving him * Court considers the whole course of provocation over time, not just in the moments leading up to the murder * MPC Extreme mental or Emotional Disturbance test * MPC 210. 3(b) A homicide that would otherwise be murder may be considered manslaughter when it is pull under the influence of extreme mental or emotional disturbance for which there is reasonable bill and excuse. * the reasonableness of such excuse shall be determined from the viewpoint of a person in the actors situation under the circumstances as he believes them to be. subjective * State v Dumlao Husband shoots mother in law after thinking that family members were endeavoring to cheat on him with his wife. Was a very in full individual * Intense mental or emotional disturbance is d istinguished from insanity in that it is to be dumb in relative terms as referring to a loss of self control due to acuate feelings * 3 part test for EMED Will be found in a person who has * No mental sickness or stain Is exposed to an extremely unusual and overwhelming stress * Has extreme emotional reaction to it, as a result of which there is a loss self control in reason is overborn by intense feelings, such as passion, anger distress, grief excessive uplift or similar emotion * Whether there is a reasonable explanation should be made by viewing the subjective internal situation in which the D found himself and the external circumstances as he perceived them to be at the time, no matter how inaccurate that perception may have been, and assessing from that standpoint whether the explanation for his emotional disturbance was reasonableInvoluntary manslaughter Cause death with criminal negligence * Can secure IM conviction through Criminal negligence ( make negligence or even recklessness) or Misdemeanor manslaughter (felony murder, junior) * MPC Equivalent 210. 3(1)(a) criminal homicide constitutes manslaughter when it is act recklessly * Commonwealth v Welanski Night club burn down down and killed hundreds * Not required to prove that he caused the fire by some wanton or reckless conduct. Enough to prove that the deaths resulted from his wanton or reckless disregard of the goloshty of the patrons in the event of fire form any case. Depraved Heart Murder What When there is a killing but no proof of an intent to kill, the law may imply malice. One of these situations is when the individual who kills acts with an abandoned and malignant heart * Homicide involving depraved heart can be punished as a instant-degree murder gross negligence or simple recklessness can only be punished as involuntary manslaughter * Rule Malice will be implied in a homicide case if it can be shown that the D acted with gross negligence and an extreme indifference to human l ife. D realized that his actions created a substantial and wild risk of death and yet went ahead and committed the actions anyways * People v Knoller (Supreme Ct.CA 2007) Dog mauled woman to death. D charged with Murder 2 * Abandoned and malignant heart is equated with Ds awareness of the risk created by his/her own behavior. Must act with conscious disregard of the danger to human life * Phillips test Malice is implied when the killing is proximately caused by an act, the natural consequences of which are heartbreaking to human life, which act was deliberately performed by a person with conscious disregard for life. Conscious disregard of human life is required, but is not subjective standard. Felony Murder * Killing during the relegating of a felony is considered murder in the second degree.In some states, killing during the fit out of certain statutorily proscribed crimes can elevate the murder to Murder 1 * train of intent to perform a felonious act is evidence of malice wh ich can be transferred to murder * People v Stamp (Ct. address CA 1969) Man dies of heart attack following the looting of his store. * A killing committed in either the mission of or an attempt to perpetrate robbery is murder of the first degree. Malice aforethought is presumed on the basis of the thrill of a felony inherently monstrous to human life. No intentional act is infallible other than the attempt to or the actual commission of the robbery itself. * Not circumscribed to deaths which are foreseeable.As long as the homicide is the direct causal result of the robbery, FM applies * Inherently Dangerous Felony Limitation For the FM Rule to apply, some jurisdictions require that the underlying felony is inherently solemn * Hines v State (GA 2003) While hunting, D mistook friend for a turkey and shot him. convicted of FM based on the underlying crime of possession of a firearm by a convicted felon. * Felony is inherently dangerous when it is dangerous per se or by its cir cumstances creates a foreseeable risk of death. foreseeable risk of death when person was drinking, hunting * The Res Gestae Requirement The felony and the homicide be close in time and outstrip (temporal and geographic proximity).There must be a causal connection between the felony and the homicide * People v Bodely (Ct of Appeal CA 1995) Escape from a robbery. Got in car, ran over victim. * The test used in FM cases to determine whether a killing is so closely related to an underlying felony as to justify an enhanced punishment for the killing is that the crime continues until the criminal has reached a place of temporary safety * the homicide is committed in the perpetration of a felony if the killing and the felony are parts of one continuous transaction. This escape rule serves public polity considerations of deterrence * King v Commonwealth (Ct of appeals of VA 1988) accidental death of co-felon during commission of a felony.D charged with FM 2nd Murder after crashing plane that had marijuana in it. * death must be a consequence of the felony and not just a coincidence * Only acts do death which are committed by those involved in the felony can be the basis for a conviction * The act causing death must result from some effort to further the felony before malice can be imputed to the act * There must be some act attributable to the felons which causes death * The Merger ism In some states FM does not apply if the underlying felony is an integral part of and included in the fact of the homicide * People v Smith (CA 1984) Beating of a child which resulted in death.Claims FM should not apply * The ostensible purpose of the FM rule is not to deter the underlying felony, but instead to deter the accidental or negligent killings that may occur in the course of committing that felony * The Agency Rule FM rule does not apply to killings by third parties * State v Canola (Supreme Ct. of NJ 1977) During robbery of jewelry store, co-felon shot and killed by own er of store. Other felon charged with FM. * Felon is not liable for the death of a co-felon. For D to be guilty of murder under FM rule the act of killing must be committed by D or his accomplice acting in furtherance of their common design. Lethal acts of 3rd persons not in furtherance of the felonious scheme do not count towards FM rule Attempts, Complicity, Conspiracy See chart Attempts Inchoate Conduct conduct which occurs after the mens rea has been formed but is shy of the completed act 1. Common Law Approach * Attempt to commit felonies = felonies attempt to commit misdemeanors = misdemeanors * generally punished less severely than completed offenses 2. MPC Approach * broadly speaking punishes crimes at the same level as the completed offense, except when the backside crime is a capital of the United States offense or a felony of the first degree (then treated as second degree felony) Mens Rea of Attempts * Common law * Requires specific intent to commit the targeted offen se.True even when the target crime does not require specific intent * MPC 5. 01 * D must purposely engage in conduct (substantial step) which would constitute crime if the attendant circumstances were believed as D perceived them to be. Cases 3. People v Harris (IL 1978) D charged with murder even though he did not intend murder * Attempted murder is not proved by showing that D intended to do great bodily harm or that he acted in reckless disregard for human life- Intent is needed. Attempted murder requires intent to bring about that result described by the crime of murder 4. State v Hinkhouse (OR 1996) D had HIV, slept with multiple partners.Charged with act murder * A person is guilty of attempting to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward the commission of the crime * A person commits attempted murder when he or she attempts, without justification or excuse, intentionally to cause the death of another human b eing. To act intentionally is to act with a conscious objective to cause the result or to engage in the conduct so described. Actus Reus of Attempts * Common Law * No single test for determining when mere formulation for an offense becomes an attempt * Focus is on how much, or how little, is needed to be done to complete the target offense * MPC Conduct must amount to a substantial step toward culmination of the commission of the targeted offense * Focus is on what D has already done and whether the acts are corroborative of criminal purpose Cases 5. People v Rizzo (NY 1927) D was riding aroud looking for a person to rob. Arrested and charged with attempted robbery * crimp is drawn between acts which are remote and which are proximate and near to consummation. * Felonious intent alone(predicate) is not enough. There must be an overt act shown to establish an attempt. * Proximity approach A crime is attempted if D did an act tending to the commission of this robbery. Because they had not found or reached the presence of the person they intended to rob, not guilty 6. People v Staples (CA 1970) Attempted burglary of a bank vault. Acts beyond mere preparation is enough to convict of attempted robbery * Preparation consists of devising or placement the means or measures necessary for the commission of the offense the attempt is the direct movement toward the commission of the crime after preparations are made * The act must reach far enough toward the accomplishment of the desire result to amount to commencement * Where intent to commit the substantive offense is clearly established, acts done toward the commission of the crime may constitute an attempt where the same acts would be held insufficient to constitute an attempt if the intent with which they were done is equivocal and not clearly proved. Defenses to Attempt * Common Law * No abandonment. Majority of CL states do not recognize the defense of abandonment. nce D crosses line from preparation to attem pt there is no turning back * Impossibility * Legal Impossibility- when no law makes the conduct a crime is a defense * No factual impossibility . * MPC * Renunciation MPC 5. 01(4) allows a D to introduce evidence of desertion in circumstances where * renunciation is voluntary and complete * No Impossibility Defense of Impossibility * You cannot commit a crime which is impossible to commit * US v Thomas- cannot rape a corpse. Group ungodliness Complicity One who intentionally assists another in the commission of a crime can be convicted of that offense as an accomplice intellectual State necessary to render one an accomplice Common Law Act with the same mens rea as the principle AND the intent to aid * MPC act with the same mens rea as principle AND the purpose of promoting or facilitating the commission of an offense Types of acts necessary to render on as an accomplice * CL any form of aid to the principle is sufficient, but a failed attempt to aid is not * MPC 2. 06 both aidin g and attempting to aid are sufficient Cases Pace v State (IN 1967) man picks up hitch hiker he robs man in back seat at knife point and driver is held as an accomplice * Negative acquiescence is not enough to constitute a person guilty of aiding and abetting the commission of a crime. Must have affirmative conduct State v Parker (MN 1969) Law student defeat in the back seat of his car by others he escapes, claims robbery and stolen car. person in antecedent seat held as accomplice * Aid by inaction is possible.If proof shows that a person is present at commission of a crime without disapproving or opposing it, jury may infer accomplice liability in connection with the attendant circumstances and thereby reach the conclusion that he assented to commission of the crime * Evidence of subsequent acts may also prove participation in the criminal acts- running from police Conspiracy An agreement between ii or more persons to commit a crime CL Elements of conclave Actus Reus 1. An ag reement between two or more persons to commit an unlawful act AND an overt act * State v Pacheco (WA 1994) PI and employee who was a cop. PI goes to FBI w/ info on employee about illegalities. Set up a sting where cop agreed to kill someone.Charged with junto to commit Murder 1 * There must be an actual agreement between two or more conspirators. Unilateral agreements do not satisfy actus reus. * As it takes two to conspire, there can be no indictable conspiracy with a govt informer who secretly intends to frustrate the conspiracy. Mens Rea 1. Specific intent to agree AND 2. specific intent that the object of agreement shall be achieved * D cannot be charged of conspiracy alone. Must be conspiracy to commit crime X * No Merger. Can be charged and convicted of both conspiracy and the crime itself * No abandonment defense unless the intent to abandon was communicated expressly to co-cons CasePeople v Swain (CA 1996) drive-by shooting resulted in the death of a boy. Man charged in con spiracy to commit 2nd degree implied malice murder * To sustain a conviction for conspiracy to commit a particular offense, the prosecution must show not only that the conspirators intended to agree but also that they intended to commit the elements of that offense * A conviction of conspiracy to commit murder requires a finding of intent to kill, and cannot be based on a theory of implied malice MPC 5. 03 Elements of conspiracy Main disturbance is about a firm commitment to criminality Actus Reus 1. an agreement or agreement to aid in the commission of a crime AND sometimes an overt act Mens Rea 1.Purpose of promoting or facilitating the agreement AND the result MPC Characteristics 1. D cannot be charged with conspiracy alone must be conspiracy to commit crime X 2. Conspiracy merges with the target offense. D cannot be charged with both conspiracy and crime 3. For abandonment to apply, D must thwart the success of the conspiracy and must manifest complete and voluntary renunciatio n of his criminal purpose Case 1. Pinkerton Doctrine Co-Conspirators can be held liable for ancillary crimes committed in promotional material of their agreement if they are (1) reasonably foreseeable and (2) are committed in furtherance of the conspiracy 2.US v Mothersill (FL 1996) Cop blown up by pipe bomb that was intended for someone else * Each party to a continuing conspiracy may be vicariously liable for substantive criminal offenses committed by a co-conspirator during the course and in the furtherance of the conspiracy * Liability will not lie where the crime did not fall within the scope of the unlawful project or which was not reasonably foreseen as a necessary or natural consequence of the unlawful agreement * Deadly force and violence are more than peripheral possibilities so Pinkerton applies Criminal Law Defenses 1) Case-in-chief defenses v. Affirmative defenses 1. Case-in-chief negates one of the elements i. Ex mistake, which negates the mens rea 2. Affirmative defe nses apply even when there is clear proof of all the elements of the crime D gets off for some other reason. ii. Ex justification, excuse, necessity, duress 2) Burdens of Proof 3. D has the burden of proof for affirmative defenses. Standard varies iii.Majority D must prove by a preponderance of the evidence iv. Minority some states require proof beyond a reasonable doubt 3) Justification v Excuse and why it matters 4. Justification this conduct is right and should be encouraged. v. The evidence for justification is equally available to both sides, but P has advantage of law enforcement resources. vi. Third party liability If Ds acts are justified, third parties are not criminally liable for helping, and may be liable for interfering. 5. Excuse this conduct is wrong and should be discouraged. vii. The evidence for excuse is within Ds control because it is about him. viii.Third party liability when D asserts an excuse, third parties ARE liable for helping D, and are NOT liable for int erfering (if they stopped an maniacal person from hurting someone else, for example. ) Justification 6. D says, I did no wrong. Perhaps D did the right thing under the circumstances. 7. Ex self-defense ix. CL Self-defense 1. D must have an honest and reasonable belief that 2. He was threatened with an impendent threat of unlawful force 3. And that the force used was necessary to repel and proportional to the threat 4. Must be subjectively and objectively reasonable, whether right in belief or not 5.PROVIDED if Ds defensive force caused death a. The harm avoided must be death or serious bodily injury (proportionality requirement) b. In some juris, D must try to retreat (majority rule no duty to retreat) c. If D is the initial aggressor, additional requirements apply d. course if D fails to meet all these requirements he may have a partial defense x. MPC Self-defense 3. 04(1) 6. D reasonably? believed 7. Defensive force was immediately necessary to protect D against 8. Unlawful force by V on the present occasion 9. Provided if Ds defensive force= deadly force e.The harm avoided must be death, serious bodily injury, kidnapping, or sexual intercourse by force or threat f. D must try to retreat (except from his dwelling) if he knows thats completely safe way to avoid Vs force g. D has no defense if he, with purpose to cause death or serious bodily injury, provoked Vs force in same encounter 4) Reasonableness standards in context of self-defense 8. Objective reasonableness usually includes at least(prenominal) some of Ds physical characteristics, plus Ds knowledge of external circumstances and surroundings also at least some of Ds general knowledge and front experiences. (Pure objectivity is no focus on D at all- hypothetical reasonable person) 9.Subjective reasonableness can include unique physical, mental, psychological characteristics 10. Purely subjective standard whatever D actually believed, even if it was completely unreasonable by any standard actual belief is also a requirement under objective and subjective reasonableness standards xi. Goetz they call it an objective reasonableness standard but they take into flyer Ds past experiences and perceptions- so not a purely objective standard. (And considering the proportionality requirement where Ds acts in self-defense caused death, we must ask if being outnumbered and cornered justifies the first shot or two, but not after they retreated) xii. Simon man paranoid that Asians will attack him.Defense must try to show that this is reasonable by making racial slurs, statistics. Simon would be convicted under pure objective standard as well as objective reasonableness standard, because even considering his experiences his paranoia is unreasonable, and were not willing to go to the subjective standard. 11. Imperfect self-defense When Ds belief about the circumstances permitting defensive force is unreasonable? Three competing rules xiii. CL if D kills based on an unreasonable belief in the necessity to kill, or in the existence of a deadly threat, or if D was the initial non-deadly force aggressor, Ds liability is mitigated from murder down to manslaughter (a partial excuse) xiv. MPC 3. 9 If Ds belief is reckless, he is guilty of a recklessness offense (manslaughter or assault) If D was negligent, it was negligent Homicide or assault. xv. The all-or-nothing rule at common law, in MN, and in many states, if all self-defense requirements are not met theres no defense or mitigation at all- if Ds belief is not reasonable, you cannot raise self-defense in MN. 5) Defense of another 12. CL Act at Peril Rule defender of another stands in the shoes of the person being defended he/she therefore takes the risk that, despite all reasonable appearances, the person being defended was NOT justified (eg, the person was resisting lawful arrest) xvi. People v unripened act at peril.Undercover police officers arresting someone. 13. MPC 3. 05 defender may act on reasonable appeara nces. Moreover, even if Ds belief is NOT reasonable, MPC only makes D liable for a crime of recklessness or negligence 6) Defense of habitation 14. Trad CL D could use any force necessary if he reasonably believed the force was necessary to prevent an close at hand(predicate) unlawful entry 15. Modern CL Deadly force is permitted only when occupant reasonably believes such force is necessary to prevent imminent unlawful entry and the intruder intends to commit a felony or cause injury to the occupant or another occupant in the dwelling. xvii. Problem you dont know what they intend to do.But if they have a weapon or are screaming that they will kill you, youre safe in defend yourself. 16. MPC 3. 06 Use of force is justified to prevent trespass, theft, etc or to retake property, BUT must ask intruder to desist (unless useless, dangerous), or harmful to property. Can use non-dangerous devices. 17. People v Brown What constitutes a hall? xviii. Reasonable expectations test whether th e nature of a structures composition is such that a reasonable person would expect some protection from unauthorized intrusions Necessity 1. Justification defense. Often used where people protested laws by breaking law, but not usually successful there more likely to be successful where D acted in the interests of the general welfare. . Schoon there can be no necessity defense to indirect gracious disobedience (fake blood on IRS walls). ii. Hutchins necessity cannot justify cultivation of medical marijuana. Court says dont grow your own, wait for legislature to legalize it. 2. Generally sometimes the greater good is better served by breaking the law than by obeying it. Applies where the harm caused by breaking the law is less than the harm avoided by the action. (CL determines this from objective perspective, MPC, subjective) 3. Common Law Elements Objective standard i. D reasonably (if Ds belief was unreasonable there is not defense or mitigation) believed ii.Ds criminal act was n ecessary to prevent iii. Imminent harm (the harm cannot have been created by the D) greater than the law which was charged was designed to prevent iv. There was no express or implied legislative preclusion of the necessity defense here 10. In context of Dudley Prosecutor would argue Dudley created the harm, and so couldnt use the defense 11. Defense would argue that murder was lesser than all four men dying- but would have to be MPC, not CL, b/c CL allows no justification for death of an innocent. 4. MPC 3. 02(1) Approach to Necessity Subjective standard i. D believed ii. Ds criminal act was necessary to prevent iii.Harm (this can include harm threatened by another person as well as nature, and the harm need not be imminent) greater than the charged criminal behavior the law was designed to prevent iv. PROVIDED The harm sought to be avoided is greater than greater than the harm incurred there is not express or implied legislative preclusion of the necessity defense 1. Ask about the following MPC provides some middle ground- recklessness or negligence. Applies throughout menage of ADs. That is, if you believe but your belief is unfounded, it may be reckless, and you can be charged with a reckless act instead of the full blown crime that you thought you had a defense from. v. 3. 2(2) If D is reckless or negligent in creating the situation or in appraising the necessity, D is liable for any applicable crime of recklessness (e. g. manslaughter) or negligence 5. Necessity in context of Dudley to make it more clear i. No necessity defense because killing an innocent is never justified, applying CL. MPC might have allowed him that excuse. Even through the MPC, if were evaluating the recklessness or negligence of his subjective belief, were still moving towards objective, because under negligence we care about the reasonable person. In recklessness, we care about the law abiding person. The difference is not obvious. 6. Similarities/Differences B/W CL and MPC i. Simi lar Both use a equilibrise of the harms ii.Different Under MPC there is no imminence requirement CL suggests that necessity is not a defense to homicide b/c it can never constitute the greater good to kill an innocent person Excuse Defenses 1. D says, I did wrong, but I should not be punished. 2. D is not morally blameworthy, and/or not deterrable and/or not dangerous. 3. Ex duress, insanity, some self-defense claims 3 Categories of excuse defenses 1. Involuntary Actions i. Actions caused by Ds body, but which are not the product of her mind (sleep walking, involuntary intoxicaiton) 2. Actions related to Cognitive Deficiencies ii. Actions which are caused by an actor who does not understand the nature of her conduct and whether it is right/wrong, legal/illegal 3.Actions relating to Volitional Deficiencies iii. Actions which are voluntary, but which are taken by an actor fetter 1. Trad. CL i. D (without front fault- theres a defense if D was at fault in getting into that situation ) was coerced to commit the charged criminal act. ii. By an actual or reasonably (if Ds belief was unreasonable there is no defense or mitigation) believed threat of imminent unlawful death or great bodily harm to D or a near relative if D did not commit the crime (this defense only excuses the specific criminal act demanded by the threatener, and never excuses homicide) and iii. D had no (legal) way to escape the threat. 2. MPC 2. 09 Duress i.D, without prior fault (there is no duress defense if D recklessly put himself in a position where such a threat was probable if D was barely negligent in putting himself in that position, he is guilty of any applicable crime of negligence if no such negligence crime applies, D has no liability), was coerced to commit the charged criminal act (this can include acts not demanded by threatener, + homicide) ii. By threat of unlawful force against his person or the person of another iii. That a person of reasonable firmness in Ds position (PORF) would have been unable to resist. 1. Example of putting yourself in a situation where duress is likely is connection a gang 2.If you are under duress and you are told to commit one crime and you have to commit another crime to get there, duress can be a defense to that crime, too- assault on the way to a robbery iv. Distinct from CL in that duress is not limited to situations involving threats of death or serious bodily harm No explicit imminence requirement 7) Duress v Necessity 18. Necessity xix. Focuses on the consequences of the harming action and the concrete alternatives facing D xx. Assumes that D acts in a way that the law seems to approve and encourage (and is therefore justified) 19. Duress xxi. Focuses on the way in which the choice is made and the extent to which it reflects the free will of the actor xxii.Assumes that D acts in a way that is regrettable and deserves to be discouraged, but that special circumstances makes the conviction inappropriate and unfair 12. Conte nto-Pachon swallows cocaine, raises defense of duress. Court looks at the immediacy and escapability of the threat. D just has to meet preponderance standard- just needs to raise a question for the jury, no need to actually prove duress. 8) Intoxication Voluntary and Involuntary 20. CL Voluntary Intoxication xxiii. Whether D can argue voluntary intoxication depends on whether or not the crime they are charged with is a general or specific intent crime 13. Inadmissible when general intent b/c it is only intent to do the actus reus 14.Admissible for specific intent crimes but D must still show that b/c intoxicated, she lacked the specific intent required for commission of the crime 21. CL Involuntary Intoxication xxiv. Some jurisdictions allow evidence of involuntary intoxication to be admitted to negate either specific or general intent xxv. Most jurisdictions allow involuntary intoxication to be the basis for temporary insanity Some jurisdiction only allow only this second use of in voluntary intoxication defense to stand if it caused the D to become temporarily insane 22. MPC 2. 08(4-5) xxvi. Distinguishes 3 types of intoxication. Any form of intoxication is a defense if it negates an element of the offense.Mens rea is broadly applied (except in the case of recklessness- a person acts recklessly as to an element of the crime if, as the result of the self-induced intoxication, he was not conscious of a risk of which he otherwise would have been aware had he not been intoxicated) 15. Voluntary (Self Induced) Intoxication 16. Pathological Intoxication 17. Involuntary (Non self-induced) Intoxication h. Pathological and involuntary are affirmative defenses if the intoxication causes D to suffer from a mental condition comparable to that which constitutes insanity under MPC 2. 08(4) xxvii. Commonwealth v Smith Intoxication produced by mixing of prescription drugs and alcohol is not involuntary even if without knowledge of synergistic effects. 18. 4 situations which I. I. admissible i.Intoxication caused by fault of another (force, duress, fraud, contrivance) j. Caused by innocent mistake of D (pickings LSD thinking its advil) k. D unknowingly suffers from physiological/psychological that renders him abnormally subject to legal intoxicant l. Unexpected results from medically prescribed drug 9) Competence to Stand Trial 23. In question is Ds ability to understand the legal proceedings as they are taking place, not about Ds competence at the time of the crime. 10) Insanity Defense 24. In question is Ds ability to resist the impulse for crime, know right from wrong questions Ds ability based on the time of the incident itself. 25. Tests xxviii.MNaghten Rule a right/wrong test- looks at COGNITION focus is on Ds mental state 19. A person is legally insane if, at the time of committing the act, he was laboring under such a defect of reason, from disease of the mind, as m. Not to know the nature and quality of the act OR n. If he did know it, that he didnt know it was wrong. 20. Criticisms o. too narrow looks only at cognition p. Does wrong mean legally wrong? Morally wrong? Morally wrong according to D personally, or society? Courts split. xxix. Irresistible impulse test focus is on volition, inability to control acts 21. A person is legally insane if, as the result of mental disease r defect, she acted with the irresistible and uncontrollable impulse, or if she lost(p) the power to choose between right and wrong, and to avoid doing the act in question, as her free execution was at the time destroyed. 22. Criticisms Too narrow- looks only at volition. xxx. Durham Test focuses on testimony of psychiatrists 23. An incriminate is not criminally responsible if the unlawful act was the product of mental disease or defect. Mental disease or defect is any abnormal condition of the kind which substantially affects mental or emotional process and substantially impairs behavior control. 24. Criticisms Focuses too much on expert tes timony, to the point where the role of the jury is usurped- rubber-stamping an expert. xxxi. MPC 4. 1 combination of MNaughten and Durham- cognitive + volitional 25. A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to q. Appreciate the criminality (wrongfulness) of his conduct (cognitive) r. Or to accommodate his conduct to the requirements of the law (volitional) 26. The terms mental disease or defect do not include an abnormality manifested only by repeated criminal or other anti-social conduct. 27. Appreciate wrongfulness is a m