Case Analysis Global Value Chain Strategies Essay

In this case analysis I will provide the most appropriate solutions to the issues raised in the following from the perspective of global value chain strategies regarding ISOL +. A recommended solution would be to build a new manufacturing facility close to the firm s southern European market. Since there is a large percentage of sales increase expected in Italy and Spain this will help facilitate production levels. Also with this location it will also facilitate shipments and minimize transit times which ultimately will help get product faster to the customer. With the current plant capacity of 3,000,000 m^3, if there were to be an increase in the market of an additional 1,000,000 cubic m the facility will not be able to meet the additional demand. The two changes proposed to the logistics setup are a decrease in the delivery time to 48 hours, and the other is to cut the minimum order possible to the equivalent of four pallets. Both these proposals will lead to substantial increas e in the logistics costs. It is forecasted that during the next five years, 47% of the sales in France will be of the size of four and six pallets. This makes it imperative that the minimum pallet size be decreased from the current eight pallets to four pallets. Moreover, if the delivery time is to be reduced to 48 hours, then production to order has to be abandoned. This reduction would mean incurring costs of holding inventories of finished goods. Both these proposals would mean anShow MoreRelatedSupply Chain Sustainability ( Scs )1505 Words   |  7 PagesSYNOPSIS This report focuses on the importance of supply chain sustainability (SCS) and the what are the benefits the sustainable supply chain can bring to the relevant stakeholders. The final section of the report illustrates how to developing and implementing a sustainable supply chain strategy in business environment. 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Health Care Systems And Healthcare - 976 Words

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International Recruitment and Selection Policies †MyAssignmenthelp

Question: Discuss about the International Recruitment and Selection Policies. Answer: Introduction: Recruitment is a crucial process of an organization for hiring and retaining the best qualified individual from within or outside the firm. The potential candidate is to be attracted and retained in the firm for a job opening in a more cost-effective and timely manner (Mahmood, 2015). The recruitment process includes various steps for analyzing the job requirements and retaining the employees at the job. The process also includes screening and integrating the applicants before hiring the new employee into the firm. Recruitment of a star in RSH requires a candidate, who are team-oriented, first rate analysts and perfectly fit within the company and its organizational culture (Groysberg, Balog Haimson, 2007). The organizational ex senior analyst, Peter Thompson is resigning the position after receiving better offer from one of RSHs competitors. The HR, Stephen Connor has a very short time frame to find a major replacement for its upcoming Power Chip deal. The senior position of the analyst is a very important position and should be filled by a suitable and perfect replacement of the star analyst, Peter Thompsons. The required factor for the potential candidate acquiring the post of analyst and become a star analyst is very high. The individual must possess effective analytical and communication skills. With adequate knowledge about the industry, the potential candidate should also be willing to work in team (Chang Chin, 2018). He or she should have ability to build cordial relation with traders, sales forces and guides the junior analysts. The star analyst is required to have proper knowledge about the industry and have access to the top-level management in the companies. The main objective is to observe and analyze the HR practices so that the organizational performance of a firm can improve. It focuses on the dynamics of hiring, attracting, negotiating, compensating and leveraging a star performer in the established firm. The practices of the HR include recruitment, interview process, joining formalities, resource allocation, salaries and company policies. This leads to creating a roadmap that is based on the observation of the recruitment process. It is important for an organization to hire such candidates having adequate skills and knowledge that identifies the core competencies. This includes effective abilities, skills and knowledge (Schenk, 2017). Effective recruitment and selection is highly significant for the success of the firms. Employees are considered to be the asset of the organization and effective hiring process reduces the employees turnover rate. The process leads to match the right individual with the right job skills. Background checks and interviews ensure that they employ candidates that are highly reliable. They also provide highly effective quality services to its customers. The screening and interview process of the organization facilitates in creating a vital opportunity the individuals offer their organization. It is important for the firm to screen heavily either by enlisting the mangers they trust or own judgment. It is important to know for the candidates the job role and tasks to be performed efficiently (Waxin et al., 2018). If the recruited individuals are not tested efficiently, it further leads the organization to deal with confusion turnover and disgruntled employees. While selecting the potential individual it is important for the firm to choose such star analyst that fits perfectly to their role. The candidates are required to produce higher quality and productivity in the organization product and services. With proper planning and effective volunteer help, the boards can effectively select a star analyst without the help of any headhunter services. Major task includes identifying candidates, determining qualifications, screening resumes, interviewing candidates on sites. Conducting management assessments, background checks before making the important offer is highly significant for the firm (Ganapathy Ashokkumar, 2017). As per the case study, the job profile is a semi-conductor analyst that would be in charge of covering majority and largest semi-conductor companies. The most important and superior coverage of the Powerchip is required. The probable candidates for the hiring process include David Hughes, Seth Horkum, Gerald Baum, Sonia Meetha and Rina Shea. The most suitable candidates among them includes Sonia Meetha, Seth Horkum and David Hughes. Sonia Meetha works at Welsh, Harrison and Smith is the junior analyst of the firm. She has a strong command over the industry and looks promising. She has both sales and technical background and is greatly responsive to her existing clients. She is also dedicated towards her work and is an excellent writer. More emphasis is led on the organizational culture, which is a key feature of RSH. Though there is major threat that Sonia would be able to succeed at larger organization like RSH by doing only two global projects. Moreover, she also stays quite far away from the organization. Seth Horcum is another suitable candidate working at Jefferson. He is a great performer and also has very good contacts at Power chip. The only problem before recruiting Seth Horkum for the senior analyst position is that he is self-centered and not be effective as a team player. David Hughes is another best chosen alternative, who works at Spencers. He is known to be excellent mentor and an experienced employee. He is well-known among all his circles and is a famous celebrity in Wall Street. David Hughes is highly experienced in the fields and has vast industry knowledge and posses rare interpersonal skill. On the other hand, hiring David as the senior analyst can also have few negative outcomes. This includes that he can be old fashioned and unorganized at times in the firm. Reena Shea is familiar with the organization with good expertise skills. Gerald Baum is also a highly enthusiastic in the semi conductor industry. He possesses great skills with exceptional client and work services. Before hiring the individuals it is highly important to consider both the individuals and organizational factor to maximize efficiency. It is important for the organization to do a proper background check on the employees. This includes the individuals aspirations, attitudes, background and both long-term and short-term performances. The organizational factor includes the companys culture, structure, strategies and performance management system (Kang Shen, 2017). Proper analysis of both the factors in the potential candidate would prove beneficial for maximizing the individual-organizational fit. Hiring the right individual for the job requires a lot of hard work, time and cost. Internal recruitment is comparatively easier for hiring and perfect answer for various staffing issues. The employee to be hired already knows the organizational culture, strength and weaknesses (Ardi et al., 2106). This makes the job easier as the recruitment process is very quick which reduces the external recruitment cost. The candidates eligible for recruitment and selection process has to go through the interview process in number of steps. Initially, the candidate has to go through the interview process in the RSH Company. It would be followed by Headhunter, pre screening, HR interview round and finally the hiring decisions are to be made. It is important for RSH firm to consider all the major impacts that internal hiring process can cause to an organization (Hashim, Ismail Hassan, 2016). Internal selection provides major opportunities for employees promotion and is proved to be highly motivating. Moreover, the organization also knows the strengths and weaknesses of the desired candidates. Internal recruitment is effective for certain roles but while hiring a star analyst it is important to consider individual from outside the existing team as well. Hiring individuals from within the organization limits the potential candidates as no new ideas can be acquired from outside (Bowen, Ledford Nathan, 1991). Internal recruiting and selection of the employees limits the organization choice and thus severely limits the talent pool. The major challenge faced through this internal process is that the potential candidate would be unable to provide new and innovative ideas to the workplace (Kurtz William, 2017). The individual is usually content with the business procedures as usual without providing any fresh ideas to the organization. Moreover, it is often seen that internal conflict among the colleague is another major problem of the organization. Hiring individuals from outside the firm leads to bringing new ideas and is attracts larger pool of workers. It becomes quiet easier for the organization to attract and retain the best individual. People from outside the firms possess wide range of experience (Gamage, 2014). This also reduces the co-fighting of individuals within the firm as the candidate is from outside and is not one of its colleague. The hiring of candidates is though very time consuming and costly. As the reference checks and background checks of the potential candidate takes a lot of time. Personal environmental fit is popular a famous since a long period of time. It is generally refer to the level of compatibility existing between an employee and the work environment. It is ensured that their characteristics are well-matched. Among all the existing strategy, Person-Organization Fit (POF) and Person-Job Fit (PJF) is the most significant element. POF is the level of compatibility present between the individual and entire organization. On the other hand, PJF is defined as the match or congruence present between an employee characteristics and the job performed by them at work. Therefore, PJF is considered to have major two perspectives. This includes matching the employees knowledge, abilities and skills with the job requirements. The other main element is the fit of individuals preference, needs and desire with the existing job. One of the vital purposes of the HR department in an organization is to hire the perfect candidate (Chowdhury, 2016). Therefore it is critical to clearly evaluate POF and PJF before making ant suitable hiring decisions. Both POF and PJF play a major role in the success of an organization. The main responsibilities of the firm should include paying adequate attention on effective leadership, hiring process and personality assessment. It is also important to maintain diversity in the organization and therefore pursuing a highly successful carrier planning. There are various factors that contribute towards the work engagement. One of the major elements is POF. POF has a clear understanding for improving the compatibility between the company and employees. Retaining employees helps to improve the customer satisfaction and employees commitment on the long-run (Gooderham et al., 2015). This also helps in improving the individual outcomes in the organization. When the values of organization and individual are same it increases the job performance and satisfaction level of the employees. This further leads to reduce the stress of the employees. In addition to this, individuals or the potential candidates feel more comfortable in such organization, where the job fits with their own characteristics. The values of the employees are positively associated with all the affective outcomes such as, commitment, satisfaction and engagement. Person to job fit positively influences the work behavior and attitudes of the employees (Liang, 2016). Furthermore this also leads to increasing the employees commitment so that motivation within the employees can be easily achieved. PJF positively increases their job-satisfaction, performance, retention and attention of the employees. Moreover, the match between the employees demands and what they receive from performing a job, therefore increase their job satisfaction, adjustments as well as organizational commitment. After analyzing all the potential candidates of the firm for the position of analyst it is seen that David Hughes chosen through external recruitment process is the most appropriate for the organization. He possesses high specific knowledge related to the company. When the right employee is recruited and selected a domino effect is also created. This leads to increase the productivity and profitability of the business due to wise decisions made by the selected candidates. The positive attitude will therefore affect the products and services quality and ultimately would also affect the consumer perceptions of the organization. Therefore, PJF would be more beneficial for the organization. Person to Job fit would be highly important for the organization as it is strong indicator of meaningful work. This can only be found in RSH, when the organization ensures alignment between an individuals values, competencies, and purpose of the job. Employee who feels comfortable with the job would l ead to increase work engagement level through positive work meaningfulness. References: Ahmed, R. (2015). Employee Recruitment and Selection Procedures of NGOs in Bangladesh: A Study on BRAC.Asian Business Review,2(1), 24-30. Almeida, S., Fernando, M. (2017). Making the cut: occupation-specific factors influencing employers in their recruitment and selection of immigrant professionals in the information technology and accounting occupations in regional Australia.The International Journal of Human Resource Management,28(6), 880-912. Ardi, K., Oymak, ., zsoy, T., Uslu, O., zsoy, E. (2016). Comparing person organization fit and person job fit.Journal of Economics Management,25, 5. Bowen, D.E., Ledford, G.E., Nathan, B.R. (1991). Hiring for the Organization, no the job. Academy of Management Executive, 5(4), pp.35-51 Chang, E., Chin, H. (2018). Signaling or experiencing: Commitment HRM effects on recruitment and employees' online ratings.Journal of Business Research,84, 175-185. Chowdhury, S. (2016). HRM practices and its impact on employee satisfaction: A case of pharmaceutical companies in Bangladesh.International Journal of Research in Business and Social Science (2147-4478),2(3), 62-67. Gamage, A. S. (2014). Recruitment and selection practices in manufacturing SMEs in Japan: An analysis of the link with business performance.Ruhuna Journal of Management and Finance,1(1), 37-52. Ganapathy, S., Ashokkumar, M. (2017). A STUDY ON HUMAN RESOURCE MANAGEMENT PRACTICES (HRM) AND JOB SATISFACTION OF EMPLOYEES OF PARAMEDICS IN PRIVATE HOSPITALS.International Journal of Management Research and Reviews,7(5), 584. Gooderham, P. N., Morley, M. J., Parry, E., Stavrou, E. (2015). National and firm-level drivers of the devolution of HRM decision making to line managers.Journal of International Business Studies,46(6), 715-723. Groysberg, B., Balog, S., Haimson, J. (2007).Recruitment of a Star.Hbr.org. Retrieved 28 March 2018, from https://hbr.org/product/recruitment-of-a-star/407036-PDF-ENG Hashim, J., Ismail, Y., Hassan, A. (2016). Formality of HRM Practices Matters to Employees Satisfaction and Commitment.Journal of Human Resources,4(1), 47-64. Kang, H., Shen, J. (2017). International Recruitment and Selection Policies and Practices. InInternational Human Resource Management in South Korean Multinational Enterprises(pp. 51-84). Springer, Singapore. Kurtz, J., William, A. (2017). INFLUENTIAL ROLE OF EMPLOYEE PERCEPTION OF RECRUITMENT AND SELECTION ON PERFORMANCE.AUSTRALIAN JOURNAL OF ECONOMICS AND MANAGEMENT SCIENCES,7(5). Liang, F. (2016). Should Firms Look to an Insider or an Outsider When Hiring a New CEO? Evidence from China.Journal of Asia-Pacific Business,17(2), 103-129. Mahmood, M. (2015). Strategy, structure, and HRM policy orientation: Employee recruitment and selection practices in multinational subsidiaries.Asia Pacific Journal of Human Resources,53(3), 331-350. Schenk, H. W. E. (2017). The prevalence and focus of formalized Human Resource Management practices in a sample of SMEs in the marketing and retail sector of South Africa.The Retail and Marketing Review,13(2), 40-54. Waxin, M. F., Lindsay, V., Belkhodja, O., Zhao, F. (2018). Workforce localization in the UAE: recruitment and selection challenges and practices in private and public organizations.The Journal of Developing Areas,52(4), 99-113.

Reaction paper view from the top free essay sample

â€Å"View from the Top† is a really must seen film. Though I’ve already watch the movie when it was aired on television I must say that it doesn’t bored me, in fact I enjoyed very much every episode. Gwyneth Paltrow the leading actress portrays her role very well besides the fact that she is really pretty and very much pleasing to my eye. She also trots around in a lot of clingy, colorfull gaudy outfits that show off her graceful hot body and her sexy attitude to impressive effect. I wonder if a Flight attendant wore the same first uniform Donna wore when she started to became a flight attendant. It’s sexy but I think no matter where you work even if it is the worst place ever you should always wear your dignity and respect. View From the Top is a romantic comedy film with all the confectionary value of love, meeting goal, perseverance, determination, right attitude and choice. We will write a custom essay sample on Reaction paper view from the top or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page At first, her character, Donna Jensen, an aspiring flight attendant from small-town Nevada, lands a job working for Sierra Airlines, a grungy local outfit whose planes have shag carpeting on the walls. It’s funny because I think she was just there since she was carried away by the inspiring words of Miss Sally when she was heartbroken, given that she has no experience of riding an airplane, she freak out. Imagine a â€Å"flight attendant to be† who should attend and calm the passenger was the first one to panic. This is a very shameful situation. Maybe it must have been better if she prepare herself to the job by means of riding an airplane before she applied for the job and observe the manner of the flight attendant when it comes to serving passenger or research about it. That way she may ace her first day of work. Donna along with her fellow sky hostesses started to dream big and went to the city to apply for the Royalty Airlines one of the famous and prestigious airline. The job hiring episode where in Mr. John interviewed Donna, Christine and the other applicants goes a little bit crazy. It shows different attitude of applicants towards the interviewer, some of them felt nervous, others sounds stupid but in the end the only thing is you have to compose yourself during interview, be honest ,confident and try to comprehend every question so that you can answer each question very well. You should also learn to accept the result when you are not hired and still be optimistic of the future ahead of you. Assess yourself what seems to be wrong on your first interview and try not to repeat it the next time. View From the Top takes place or pretends to in contemporary America, yet its stuck in a faux nostalgia for upwardly mobile second-class citizenship for women. The pivotal moment occurs when Donna gets invited to dinner at the home of her role model, Sally Weston (Candice Bergen), a legendary former stewardess (you heard me) who has written a best-selling memoir titled My Life in the Sky. Sally, whos like a cross between Tony Robbins and the Happy Hooker, preaches to Donna about the majesty of being a flight attendant. Were royalty! she says, ushering her new protege into the ultimate signifier of regal living: her sky blue walk-in clothes closet. Standing in that pastel sanctuary, Donna feels, for the first time, the power of her job, the call of a destiny that can be summed up in four dreamy, if redundant, words: Paris, first class, international. View From the Top is a movie that invites guys to drool over Gwyneth. Even as you ask yourself what Gwyneth Paltrow is doing in a movie as mildly embarrassing as this one, her grin, with its girlish delight, radiates a pure ingenuous dazzle that perks the audience right up. She has a stars ability to give pleasure by inviting you directly inside the pleasure she takes in herself. View From the Top isnt a comedy of high-flying madness or, for that matter, an inside satire of the little things that flight attendants have to endure. Its a love story in which Donna meets Ted (Mark Ruffalo), an aspiring lawyer as cuddly as a teddy bear, and is forced to decide whats more important: life with him in Cleveland or the sky route to Paris. Does she want true love, or does she want the glamorous perk of free trips to the City of Light? Why cant all choices be simple? asks Donna in voice-over. Really in real life we have to make a choice and that will never be easy. Why cant they all be window or aisle? . The movie is so stuck for conflict that it trumps up a rivalry between Donna and her stewardess comrade (Christina Applegate), a petty thief who ends up betraying her. Their climactic catfight, in which Applegate shoves Paltrows face into a giant bread roll, looks funny.. Yet the petty degradation of the moment feels like the movies real attitude coming out in spite of itself. Theres nothing disrespectable about being a flight attendant. There is, however, something patently cloying and insincere about the way View From the Top portrays flying over the glass ceiling as if that were the same thing as breaking through it.

Signs and Symptoms of HIV, Malaria, Creutzfeldt- Jacob disease, Herpes, Cholera, Hypothyroidism, Coronary Artery Disease (CAD) and Swine Flu

Signs and Symptoms of HIV, Malaria, Creutzfeldt- Jacob disease, Herpes, Cholera, Hypothyroidism, Coronary Artery Disease (CAD) and Swine Flu UnitDiseaseSigns and SymptomsHIVMany people who are HIV-positive do not experience any symptoms of HIV infection. Sometimes symptoms appear after a year of infection or even after a decade. Often people only begin to feel sick when they progress toward AIDS (Acquired Immunodeficiency Syndrome).But those who do have symptoms may experience:FeverChillsRashNight sweatsMuscle achesSore throatFatigueSwollen lymph nodesUlcers in the mouthIt is important to know that most people do not suffer symptoms so tests must be taken to know if you are HIV+MalariaThere are many symptoms for malaria that infect nearly 75% of children in tropical countries, these symptoms may include:feverheadachevomitingflu-like symptomsfollowed by internal bleedingkidney and liver failureCreutzfeldt- Jacob diseaseCJD is caused by an abnormal protein, called prion, which affects the nervous system.CJD is sometimes called the "great mimicker" because it causes symptoms that occur in many other neurological diseases.The se symptoms include:Behavioral and personality changesConfusion and memory problemsDepressionInsomniaLack of coordinationStrange physical sensationsVision problemsAs the disease advances, some may experience dementia and involuntary jerking movements called myoclonus.HerpesThe first signs of herpes are sometimes a tingling, itching and burning sensations at the site of infection. These "pre-outbreak" symptoms are often called prodrome. In genital herpes more symptoms are present, these symptoms include:painful red blisters that burst to leave open sores around your genitals, rectum, thighs and buttocksblisters and ulcers on the cervix (lower part of the womb) in womenvaginal discharge in womenpain when you pass urinea high temperature (fever) of 38Â °C (100.4Â °F) or overa general feeling of being unwell, with aches and painsflu like symptomsThese symptoms may...Coronary angiogram of a man

The Role of Secession in the American Civil War

The Role of Secession in the American Civil War The Civil War was a fight to preserve the Union which was the United States of America. From the conception of the Constitution, there were two differing opinions on the role of the federal government. Federalists believed that the federal government and the executive needed to maintain their power in order to ensure the survival of the union. On the other hand, anti-federalists held that states should retain much of their sovereignty within the new nation. Basically, they believed that each state should have the right to determine the laws within its own borders and should not be forced to follow the mandates of the federal government unless absolutely necessary. As time passed the rights of the states would often collide with various actions the federal government was taking. Arguments arose over taxation, tariffs, internal improvements, the military, and of course slavery. Northern Versus Southern Interests Increasingly, the Northern states squared off against the Southern states. One of the main reasons for this was that the economic interests of north and south were opposed to each other. The South was largely comprised of small and large plantations that grew crops such as cotton which were labor intensive. The North, on the other hand, was more of a manufacturing center, using raw materials to create finished goods. Slavery had been abolished in the north but continued in the south due to the need for inexpensive labor and the ingrained culture of the plantation era. As new states were added to the United States, compromises had to be reached concerning whether they would be admitted as slave or as free states. The fear of both groups was for the other to gain an unequal amount of power. If more slave states existed, for example, then they would garner more power in the nation. The Compromise of 1850 - Precursor to the Civil War The Compromise of 1850 was created to help stave off open conflict between the two sides. Among the five parts of the Compromise were two rather controversial acts. First Kansas and Nebraska were given the ability to decide for themselves whether they wanted to be slave or free. While Nebraska was decidedly a free state from the start, pro and anti-slavery forces traveled to Kansas to try and influence the decision. Open fighting broke out in the territory causing it to be known as Bleeding Kansas. Its fate would not be decided until 1861 when it would enter the union as a free state. The second controversial act was the Fugitive Slave Act which gave slave owners great latitude in traveling north to capture any escaped slaves. This act was hugely unpopular with both abolitionists and more moderate anti-slavery forces in the north. Abraham Lincolns Election Leads to Secession By 1860 the conflict between northern and southern interests had grown so strong that when Abraham Lincoln was elected president South Carolina became the first state to break off  from the Union and form its own country. Ten more states would follow with secession: Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, and North Carolina. On February 9, 1861, the Confederate States of America was formed with Jefferson Davis as its president. The Civil War Begins Abraham Lincoln  was inaugurated as president in March 1861. On April 12, Confederate forces led by General P.T. Beauregard opened  fire on Fort Sumter which  was a federally held fort in  South Carolina. This began the American Civil War. The  Civil War  lasted from 1861 until 1865. During this time, over 600,000 soldiers representing both sides were killed either by battle deaths or disease. Many, many more were wounded with estimates of more than 1/10th of all soldiers being wounded. Both the north and the south experienced major victories and defeats. However, by September 1864 with the taking of Atlanta, the North had gained the upper hand and the war would officially end on April 9, 1865. The Aftermath of the Civil War The beginning of the end for the Confederacy was with General Robert E. Lees unconditional surrender at Appomattox Courthouse on April 9, 1865.  Confederate General Robert E. Lee  surrendered the  Army of Northern Virginia  to Union General  Ulysses S. Grant. However, skirmishes and small battles continued to occur until the last general, Native American Stand Watie, surrendered on June 23, 1865. President  Abraham Lincoln  wanted to institute a liberal system of Reconstructing the South. However, his vision of  Reconstruction  was not to become reality after  Abraham Lincolns assassination  on April 14, 1865. The  Radical Republicans  wanted to deal harshly with the South. Military rule was instituted until  Rutherford B. Hayes  officially ended Reconstruction in 1876. The Civil War was a watershed event in the United States. The individual states after years of reconstruction would end up joined together in a stronger union. No longer would questions  concerning secession  or nullification be argued by individual states. Most importantly, the war officially ended slavery.

Raising the Minimum wage in the state of Illinois Essay

Raising the Minimum wage in the state of Illinois - Essay Example Most agree that employees who work full-time hours should be paid a wage sufficient so as to allow them to provide for their most essential needs which current minimum wage in Illinois does not accomplish. For workers in Mississippi, for example, $7.50 may be enough to subsist but the cost of living is substantially lower in Vicksburg than in Chicago. Opponents to further increasing the minimum wage in Illinois argue that prices to consumers will increase, workers will lose their jobs and the inflation rate will rise. This paper demonstrates that raising the minimum wage is practical for all concerned, workers, employers and the economy as a whole. It also reduces criminal activity and slows the adverse effects of outsourcing which ships American jobs overseas. The minimum wage law was established by the federal then some state government to assure that this ideal was a realization. The rationale behind a minimum wage, intended for the least skilled and educated persons in the workforce, is to raise their earnings in order to offset the forces that drive the market down which would otherwise reduce their buying power. The welfare system, workers’ compensation and unemployment insurance established by the 1930’s New Deal to provide assistance to the poor, in part, still exist today. The economic conditions of the time demanded that the solutions foster relations between the oppressive capitalist class and the working class. Labor unions lobbied for minimum wages and other worker benefits including employers’ liability laws, social reformers worked for maximum hours for women workers, factory inspections, child-labor laws, and anti-sweatshop laws† (Baker, 2003). Backed by the ‘New Dealers,’ these issue s were addressed on the federal level. Raising the minimum wage allows those who make minimum salaries to keep up with inflation. It will also help those that need it the

Web & Social Media Essay Example | Topics and Well Written Essays - 1250 words

Web & Social Media - Essay Example lemented through the proper identification of keywords, checking keywords, re-checking keywords and customising keywords as per requirements (WordStream, Inc., 2009). The on-site SEO technique of keyword research and analysis has been selected for ranking of my website owing to the reason that it provides the benefits of determining the behaviours of the people in accessing websites online and discovering more specific keyword queries rewarding better user satisfaction (SEOmoz, Inc., 2014). The on-site SEO technique of keyword research and analysis helped in ranking a website through the creation of a solid foundation based upon which, entire content creation ought to take place, which eventually results in high-ranking of search engines (SEOmoz, Inc., 2014). It can be affirmed that the business world has been changing in this modern day context with the introduction and the subsequent adoption of pioneering technological advancements. In this similar concern, relating to recent changes in the modern world, the on-site SEO technique, i.e. keyword research and analysis, possesses the ability to perform various significant activities. These activities comprise predicting variations in demand, responding towards transforming business market conditions and producing the contents, products and/or services that the web searchers are already aggressively seeking (SEOmoz, Inc., 2014). Apart from the above-elaborated keyword research and analysis SEO technique, another off-site SEO technique can be observed in terms of content writing and optimisation. Conceptually, this particular technique is regarded as a writing piece, which is mainly powered by certain specific keywords that facilitate the individuals to visit any particular webpage (Slideshare Inc., 2014). The implementation of content writing and optimisation as an off-site SEO technique evidently aids in ranking a website based upon its content presented to attract the visitors. In this regard, the particular

Hospitality Industry Essay Example for Free

Hospitality Industry Essay 1.1 Introduction to Hospitality Industry 1.1.1 The Nature of the Hospitality Industry What is the meaning of HOSPITALITY? There have been different definitions of Hospitality. Broadly speaking, Hospitality is the act of kindness in welcoming and looking after the basic needs of guests or strangers, mainly in relation to food, drink and accommodation. A contemporary explanation of Hospitality refers to the relationship process between a guest and a host. When we talk about the â€Å"Hospitality Industry†, we are referring to the companies or organisations which provide food and/or drink and/or accommodation to people who are away from home. However, this definition of the â€Å"Hospitality Industry† only satisfies most situations. Can you think of any circumstances where the phrase â€Å"away from home† would not be accurate? Resort hotel Introduction to Hospitality 2 ACTIVITY 1 In groups, consider the hospitality industry in Hong Kong. Discuss the different sectors in the hospitality industry. (Hint: A sector of hospitality industry can be profit-making or non-profit-making.) You may also give the names of some companies in the hospitality industry. One example has been given in the table below. Work on the table to see which group in your class comes up with the most appropriate examples. Hospitality industry in Hong Kong Sector Products/services provided Example Name of company/ organisation Food and Beverage Food and drink Fast food McDonald’s ACTIVITY 2 Look at the table that your group has just completed and compare the answers with other groups. Have you been to any of the above companies or organisations? What services did you receive from them? Were you satisfied with the way you were treated by the company or its staff? Did they understand what services you wanted? Did they provide what you wanted quickly and accurately? Was the staff member friendly or rude? Based on the discussion above, suggest five qualities or traits that a successful staff member in the hospitality industry should possess. Do you or your group members possess any of these qualities or traits? Introduction to Hospitality 3 1.1.2 The Tangible and Intangible Nature of the Hospitality Industry In Activity 1, we learned about different types of products and services provided by the hospitality industry. The physical products of hospitality, e.g. food and drink in a restaurant or the actual hotel room, are products that are sold at a price to the guests or customers (e.g. the price a guest paid for renting a hotel room, or the price a customer paid for buying a meal in a restaurant). These are often regarded as the TANGIBLE aspects of hospitality. However, our experience of the hospitality industry does not only rely on the tangibles. Think about your experience of being a customer in a restaurant or a guest in a hotel. What else, apart from the food in restaurants and the facilities in hotel rooms, do you think can make your hospitality experience more enjoyable and satisfied? A successful hospitality business does not only count on its products and services, but also how they are delivered. The qualities of staff and the way they deliver the service are often more important than the tangible products in making a hospitality experience satisfactory or unsatisfactory. We call these the INTANGIBLE aspects of hospitality. Can you think of any INTANGIBLE aspects of the hospitality industry? 1.1.3 Relationship between the Hospitality Industry and Tourism As we have seen, the hospitality industry includes hotels and restaurants, as well as many other types of organisations or institutions that offer food, drink, shelter and other related services. These products and services are offered not only to people away from home, but also to local guests. A manager in the hospitality industry, therefore, must keep in mind the following three objectives: 1. Making the guests feel welcome personally 2. Making things work for the guests 3. Making sure that the operation will continue to provide service and meet its budget Apart from local guests, can you think of any other guests who may need services and products provided by the hospitality industry? Introduction to Hospitality 4 ACTIVITY 3 Now work in pairs and follow the instructions below: Tourist A – You are an 18-year-old student from Beijing. You visit Hong Kong for the first time with your cousin who is also from Beijing this summer. As you are a student, you travel on a budget and are planning to come to Hong Kong round trip by train. You plan to stay in Hong Kong for 5 days/4 nights. Tourist B – You are a businessman from Sweden. Your company is a car manufacturer. You come to Hong Kong for an international automobile exhibition. You will fly to Hong Kong and stay for two nights before you fly to Singapore for another business meeting. You will stay in Singapore for two nights before going home. In two minutes, write down as many as possible of the products and services you would require from the different sectors of the tourism industry for your trip. Compare your answers with those of your partner. Do you have different or similar answers? How many of the points you jotted down are similar to those of your partner? Fill in the following table: A young student (Tourist A) A business traveller (Tourist B) In Activity 3 we learned there are different kinds of tourists. Regardless of what type of tourist they are, they all need shelter and food and drink – the basic hospitality services – at ALL points of the tourism cycle, not just at the destination. This is why hospitality can be referred to as one of the principal dimensions in tourism, along with transportation, specialist shops and leisure activities. Unlike tourism, hospitality, however, serves both tourist and non-tourist needs. To enhance your understanding of the relationship between the hospitality and tourism industry, complete Activity 4. Introduction to Hospitality 5 ACTIVITY 4 The following diagram shows the relationship between the hospitality and tourism industry. Can you think of more services with examples to add to the diagram? Hospitality Industry Hospitality Industry Tourism Industry Tourism Industry Institutional/ Institutional/ Welfare Catering Welfare Catering e.g. Hospital e.g. Hospital e.g. Hotels, e.g. Hotels, Transportation services Transportation services e.g. Car Rental, e.g. Car Rental, In Activity 4 we learned the hospitality industry is a part of a wider group of economic activities called tourism. In addition, not all hospitality businesses are profit-making business.

Anosmia Essay -- Argumentative Persuasive Senses Essays

Anosmia Have you ever wondered what your life would be like if you did not have one of your five senses? At some point in our lives we have all seen a blind or deaf person but how often do we wonder what it would be like if we were in their shoes? Many people take their senses for granted, not giving much thought to the fact that something as simple as bumping your head the wrong way or getting a cold could take away your sense of smell forever. Anosmia is the total loss of the sense of smell and affects approximately two million Americans (Wuensch, 2001). Of all the five senses, smell seems to be the least appreciated due to our society's beliefs that sight and hearing are more important for survival (Gillyatt, 1997). For most people, once they start to notice a decrease in their hearing or sight they go to the doctor almost immediately to fix the problem. However, because the sense of taste and smell are so closely related, many people attribute the problem to a lack of taste and do not se e their doctor until the damage is irreversible (Thomson, 2001). Anosmia is a condition in which although there are mild cases, more serious cases do exist which may jeopardize the victim's life. This disorder not only affects the person's life and safety, but also has psychological effects as well . In any case, anosmia should not only be taken seriously, but research should be continued in the hopes of finding better treatments. Lacking a sense of smell has similar psychological effects as those related to losing one's sight or hearing. For example, many blind people feel cut off from the world and isolated. This case is also seen in many people with anosmia. Some people with anosmia feel physically and socially vulnerable as well a... ...ed, Suckling, Suzuki, Swift, & Williams (2001). Functional magnetic resonance imaging of odor indentification: The effect of aging. Journals of Gerontology, 56A(12), M756-760. Gillyatt, P., (1997). Loss of smell: when the nose doesn't know. Harvard Health Letter, 22, 6-8. Morgan (2000). Olfactory event-related potentials in Alzheimer's disease. Dissertation Abstracts International, 61(5-B), 2773. Ogawa & Rutka (1999). Olfactory dysfunction in head ingured workers. Acta Oto-Laryngologica, 119(540), 50-57. Thomson, Corp. (2001). Senses- Loss of Smell: How it happens and what it means. Harvard College. Toller, Van (1999). Assessing the impact of anosmia: review of a questionnaire's findings. Chemical Senses, 24(6), 705-712. Wuensch, L. (2001, November 10). How frequent is anosmia? [Online]. Available: http://www.personal.ecu.edu/wuenschk/anos-freq.htm

George Mackay Brown’s short story ‘Andrina’ Essay

George Mackay Brown’s short story ‘Andrina’ has an element of mystery which leaves the reader in wonder and makes ‘Andrina’ an extremely pleasurable read. Andrina is an old sailor’s granddaughter who visits him as a ghost when he dies: however he does not know she is his granddaughter or that she is a ghost and is dreadfully upset when she leaves him. I think the main reason why George Mackay Brown is so successful in making the story an enjoyable read is due to the complex structure of the story, the setting and also its links to a mystical fairytale. The story of ‘Andrina’ has a very interesting structure of a story inside a story. The outer story is in the present tense and concerns the old sailor in his daily routine. The inner story is in the past and tells of the old sailor when he was younger and of a love affair that he had. This structure makes the story intriguing as the reader at first does not know who the characters in the inside story are and thus it has a great sense of mystery surrounding it. Another interesting feature of the structure is the fact that it is cyclical in that it relates to the seasons. The story opens in the winter where the sailor is ill and feeling that he has lost his good friend and helper Andrina. It moves on in the inner story, where the sailor tells of his love affair with Andrina’s grandmother. The summer conveyed happiness and helped give the impression that they were deeply in love. The love affair ended in the autumn when wildlife died out and the sailor discovered a terrible secret about Andrina’s grandmother and then left the island. When spring returned in the outer story the sailor discovered Andrina was a ghost and why she had left. This let him understand and gave him the feeling of hope to move on. This structure is used to portray the inner feelings of the sailor and in my view is very effective. As well as the cyclical structure, the earth’s elements are also referred to throughout the story. This reflects on the sailor’s old days and he often tells the reader of memories and links to the sea. One example of this is at the opening of the story when the sailor is describing Andrina – ‘She lights my lamp, sets the peat fire in a blaze, sees that there is enough water in my bucket that stands on the wall niche.’ Here the peat links to the element of earth and fire and water are also mentioned. This helps the reader relate to where the seaman lived, in George Mackay Brown’s homeland of Orkney. The land here is windswept and the descriptions of the elements help the reader relate to how bare it is. The story could not have worked in any other setting. Another interesting point in this quote is the description of Andrina in that she ‘lights my lamp’. This is symbolic and shows how she gave the old sailor light and hope and also comforted him. She is referred to with this symbolisation throughout the story, which gives her the image of a kind, angelic figure. In the third paragraph she is also described with ‘I expected her with the first cluster of shadows†¦Ã¢â‚¬â„¢ which has alliteration of the soft ‘s’ sound. This gives the reader the impression she is sweet and innocent. George Mackay Brown literary skills are excellent in creating the right atmospheres to portray different situations. When Andrina did not come he used short sharp sentences to convey how shocked and distraught he was – ‘She did not come’ followed in the next paragraph by ‘She did not come again†¦Ã¢â‚¬â„¢ The repetition here shows how he was lamenting his loss and wondering why she may not have come. In another section of the story, the sailor had a bad dream where he had flashbacks to previous events in his life. Here the author used short and long sentences to convey to the reader the fear that he was going through. This technique also highlighted sentences such as ‘It was a black night.’ which made the ordeal seem even more dark and terrifying. The story of ‘Andrina’, and especially the story inside ‘Andrina’, has many comparisons to a fairytale, which helps give it an element of mystery. It has the classic main theme of love and the ideal setting of summertime. Not only is the language archaic, but it is also very simple, like in a fairytale, such as ‘†¦but on one particular day in early summer this boy from one croft and this girl from another distant croft looked at each other with different eyes.’ The sentence structure is very simple which makes it easy for every reader to understand. The ‘tremendous perilous secret thing’ that the girl had to tell the boy also strengthens the mystery theme as the reader is, at first, left wondering what it is. The language in this section is very poetic, with lines such as ‘†¦lingering enhancement of twilight†¦Ã¢â‚¬â„¢ This gives the reader the impression the situation was perfect and they were both very happy. In this section the reflection of the sea are also used, an example of this being ‘Far in the north-east the springs of day were beginning to surge up.’ This quotation conjures up two images, one of the two peoples’ love growing stronger and secondly of the sea surging and crashing about. The combination of setting, structure and atmosphere make ‘Andrina’ an excellent read. The story could not have taken place in anywhere apart from Orkney and the windswept emptiness gives the story an eerie atmosphere. George Mackay Brown has the ability to put the story together and make the reader ponder afterwards on what actually happened to Andrina. The question of whether Andrina was real or whether she was just a figment of the sailors’ imagination is left for the reader to interpret in their own way, which means the story has a lasting effect for everyone.

Criminal Law Outline

Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Actions are morally right if and only if they result in desirable outcomes b. Rely on theory of utilitarianism to justify punishment: Forward looking effects of punishment. General deterrence, specific deterrence, rehabilitation, incapacitation 2. Nonconsequentialist Theory c. Actions are morally wrong in themselves, regardless of the consequences d. Theory of Retributivism: look back at the harm and calibrate the punishment to the crime Theories of Punishment ) Incapacitation: Incarceration to render them harmless 2) Retribution: collective condemnation of society bearing down. â€Å"Just Deserts† 3) Rehabilitation: give the criminal skills and values to make them a law-abiding citizen 4) General Deterrence: deter other criminals from committing crimes 5) Specific Deterrence: deter the punished criminal from future crimes Justifications for Punishment in Context 1. The case of Thomas Dudley (Eng. 1884): Stranded at sea for 24 days, 2 men conspire and kill a third to eat. Charged with murder and sentenced to death a. Necessity defense doesn't apply.Lawfully killing another to save yourself is only in reference to necessity and self-defense (violence towards yourself) Retributive in nature 2. People v Suite: Man owned . 32 caliber pistol, not licensed as required by 1980 legislation. Sentenced to 30 days in jail b. Principle aim of the gun licensing law is general deterrence. Reduction of jail time would proclaim that first time offenses would not result in jail for first time offenders and would declare 30 days to be too harsh/abuse of discretion. Upheld to further principle of general deterrence legislature intended Standards of ProofProsecution: beyond a reasonable doubt (state has high burden b/c innocent until proven guilty) 1. Curley v US: Judge must ask if prosecution has introduced sufficient evidence such that a rational jury could decide that the prosecution has prov en its case beyond a reasonable doubt. If evidence reasonably permits a verdict of acquittal or guilt, decision is for the jury to make. Defense: by the preponderance of the evidence. (self-defense, insanity, necessity) Rule of Lenity When statutory intent is unclear, the ambiguity must be resolved in favor of the Defendant.US v. Dauray Actus Reus Definition: Voluntary Act, social harm A voluntary act that results in social harm, or an omission where there is a duty to act. 1. Thoughts do not constitute criminal acts 2. Actions compelled by the state do not constitute criminal acts 3. Criminal â€Å"acts† must be voluntary 4. No liability for omission unless there is a duty to act 5. â€Å"Status Crimes† are unconstitutional Cases Act, not thought 1) Proposition against thought crimes- State v Dalton: â€Å"act† was the writing of a child molestation diary. Acquitted.From a deterrence perspective he should not be guilty; from rehabilitation perspective maybe. Si nce regime is generally geared to deterrence it was the right outcome 2) Hate crimes/speech- Wisconsin v Mitchell: group of black men beats up young white boy a. Rule: Statutes penalizing bigoted motivations (thoughts) are justified b. Rationale: these acts are more likely to provoke retaliatory crimes, so society has a greater interest in punishing them. Deterrence and retribution justify harsher penalties Voluntary, not involuntary MPC 2. 01: Requirements of Voluntary Act 1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act. (2) NOT voluntary Acts: reflex/convulsion; bodily movement during unconsciousness or sleep; conduct during hypnosis; bodily movement that otherwise is not a product of the effort or determination of the actor, whether conscious or habitual 3) Acting under State Compulsion- Martin v State: drunk on public highway b/c police brought him there c. Rule: no voluntary act where state compelled the action. d. Rationale: prevent the government from punishing the innocent 4) Involuntary Acts- State v.Decina: epileptic who knew of his condition drives and kills children e. Rule: an involuntary act can be voluntary when the individual knew of its likelihood and failed to preventatively act f. Rationale: it doesn’t matter if a person is unconscious when the harm occurs as long as the act took place only because, during consciousness, there was bad thinking- here, recklessness or negligence in failure to prevent the harm. He purposefully put himself in a situation that created a further risk. 5) Powell v Texas: Powell charged with public intoxication g.Rule: Voluntary because he could have prevented his appearance in public h. Rationale: criminalizing involuntary behavior is cruel and unusual (8); this wasn’t involuntary MPC 2. 01: Voluntary, involuntary, omission, possession * Involuntary: Convulsion, moving while unconscious or asleep, conduct during hypnosis, or a movement no t a product of the effort or determination of the actor; Voluntary defined by the negative * Omission: liability for an omission cannot arise unless the omission is made sufficient expressly in the language defining the offense, or a duty to perform is imposed by law. Possession: D must have been aware of possession for sufficient period to have been able 2 terminate it Status Crimes- Criminalizing a status violates 8th Amendment: Cruel & 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 can’t. Criminal penalties may not be inflicted upon a person 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. Volitional act of choosing to drink without preventing oneself from being in public i s sufficiently proximate to the inviolate act of going out while drunk to give the state an ACT to punish. 3) Jones v City of Los Angeles: punished behavior on sidewalks 24-7 which homeless people can’t avoid. d. Rule: it is unconstitutional to punish acts arising out of an involuntary status because these acts are also necessarily involuntary. Omissions 1) Omission can be an actus reus where there is a legal duty to act, and D was physically capable of acting. mens rea, causation, and concurrence still required) a. Contracts for care b. Special relationships c. Statutory duty d. D created the risk of harm e. D voluntarily assumed care (especially if others are prevented from giving care) 2) People v Beardsley: man and woman get drunk over weekend, she surreptitiously takes morphine and dies after D gave her to someone else to let her sleep it off f. Rule: no legal duty existed because none of the 5 above were present. g. Rationale: a legal duty is not the same as a moral obl igation; acquaintances aren’t close enough relationally to create a legal duty without one of the above. ) Commonwealth v Howard: mother failed to prevent her daughter’s torture and murder by a third party h. Rule: parents have a legal duty to protect their children- special relationship i. Rationale: parents can be legally forced to act; additionally, the omission was the direct cause of the death (medical testimony). 4) Commonwealth 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 undertaken the responsibility of care through contract or voluntarily k.Rationale: the omission in situation of duty caused harm D could have prevented. Mens Rea Definition The particular mental state provided for in the definition of an offense. Rationale for Requiring Mens Rea Deterrence or Utilitarian Justification: you cannot deter someone who does not have a guilty mind. Retribut ive Justification: â€Å"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 commit| Intent- natural and probable auses| Knowingly: awareness; substantial certainty| Knowledge- aware of the fact, or correctly believes it exists, including willful blindness| Recklessly: conscious disregard of foreseeable risk- subjective standard. Awareness. | Concepts of â€Å"recklessness† and â€Å"negligence† are often embodied| Negligently: should have been aware of risk and disregard it- reasonable person would have been awareNo distinction b/n general, specific intent| Distinction b/w general, specific intent| CL: Uses the concept of mens rea in many terms: Willfully, wickedly, maliciously, knowingly, intentionally, negligently.No uniformity across states as to definitions MPC: 4 mental states that are precisely defined. If no mental state is referenced i n a statute, read in recklessly. Proving â€Å"Intent†, common law- natural and probable consequences doctrine 1. Regina v Cunningham: Son in law stole gas meter to sell; mother-in-law was exposed to coal gas. a. Malice means (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 anyways) 2.State v Fugate: D shoots and kills store owner after forcing him into basement. b. Intent can be inferred from attendant circumstances and composite picture developed by evidence, including instrument 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 â€Å"Knowledge†, common law- willful blindness 1.US v Jewell: a person acts k nowingly 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 knowledge are equally culpable. To act â€Å"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, â€Å"positive† knowledge is not required. Transferred Intent – only where harm is to people; NOT property 1. Regina v Pembliton: D threw stone at enemy, hit window instead.Intent to hit 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 shot 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 – consider 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 lighting a match. * Intending to complete the act- purposefully, knowingly * General intent statute: requires intent to do the act, only. Might punish setting fire to instead of saying, setting fire to woodland flora. Drunk people are likely to get netted under a general intent statute because the attendant circumstance is general. * Intending the act- negligent, reckless * People v Atkins: Attempt to raise 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 Culpability a. Except as provided in 2. 05 (strict 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): â€Å"element of offense† means (i) such conduct or (ii) attendant circumstances 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 justification for such conduct e. Negatives a defense under the statute of limitations 3. MPC 1. 13(10): â€Å"Material element of an offense† means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue, or any other matter similarly unconnected with (i) the harm or evil, incident 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 missing a mens rea. * TRUE STRICT LIABILITY CRIMES: regulatory crimes, crimes against the public welfare, morality offenses (statutory rape), felony murder. MPC 2. 05 recognizes only minor â€Å"violations† and violations outside 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 penalties 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 shouldn't be punished 1. If a statute is ambiguous, must read in reckless or neg ligent and cannot impose strict liability. Heavy penalties and negative stigma associated with this type of crime.Mistake and Ignorance In general: D commits a crime with a belief that turns out to be wrong. MPC: what does the statute require for mens rea? Rationales for Mistake and Ignorance Defenses 1. Deterrence/Utilitarian Justification: you cannot deter someone who does not possess a guilty mind 2. Retributivist justification: â€Å"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 raises mistake claim, P must prove that notwithstanding the mistake, D possessed requisite mens rea c. Common law: iv. Mis take of fact: 1. Specific intent: honest but unreasonable mistake is a defense 2. General intent: defense only if both honest and reasonable v. Mistake of law: 3. No excuse, but three exceptions: relied on official 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 violation of the culpability principle if the conduct is criminally punished without regard to mens rea- mistake of fact not a defense if the conduct is morally wrong. . Ask if reasonable ii. If reasonable, look at factual panorama. â€Å"what is it that you (reasonably) thought you were doing? † Insert candid res ponse. iii. Evaluate morality of actor’s conduct. If morally wrong, it is sufficient to convict. c. Legal wrong test: even if D can assert a reasonable mistake of fact, mistake of fact isn’t 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 about committing (and so never did actually commit) 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 interpretation of the law (Marrero) 2. Where knowledge that the conduct is prohibited is an element of the crime. Ignorance or mistake negates the mens rea. a. Cheek v US: When statute requires willfulness, Subjective standard is to be used and shall be determined 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 rule they are breaking. 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 commission of the offense. * Mistake of law under MPC is a defense if the law provides that the state of mind established 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| An y actual belief to the contrary (even if reckless)| Recklessly| Any non-reckless mistake of fact (even if negligent)| Negligently| Any non-negligent â€Å"reasonable† mistake|Strict Liability| Even a very reasonable, non-negligent mistake is no defense| * We applied MPC in RRH book burning example. Mistake can be a defense, but it has to be less than conscious disregard in all circumstances. RRH’s mistake was negligent at the very worst, not even reckless. Causation Question Tree 1. Actual cause? a. But for D's 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 and just to hold him liable? i. Yes: Then D has complete liability. ii.No: proceed to intervening cause analysis a. Was there an intervening cause? If Dependent, D typically is proximate cause unless bizarre i. Yes: 1. Was it dependent on D's voluntary act? a. Yes: next q uestion: i. Was it a bizarre situation? 1. No: D has liability. 1. Yes: D is absolved. 1. Was it independent of D's voluntary act? a. Yes: was it foreseeable? If yes, liable. 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. They were fighting in front 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? Wa s there an intervening cause? Yes- pneumonia killed her. iii. Dependent or independent intervening cause? 3. Dependent- you don’t die from TB unless you’re 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 highway 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 weren’t driving the truck that hit him 5. If Indep, it was foreseeable, so D is liable. vi. Dependent: but he wouldn’t have been there without their robbing him 6. If Dep, truck wasn’t 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 force behind the act Sexual Offenses MPC Rape: 213. 1: Rape if: * Compel to submit by force of threats of death, extreme 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 force was used to overcome the victim’s resistance (No resistance, then no force, then no rape) rape determination based on victim’s actions. ) Heterosexual vaginal intercourse NO MENS REA 2) of a woman, not the man’s wife 3) by force and 4) without 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 D’s act s used sufficient force to overcome P’s resistance, or whether his threats created in her mind a reasonable fear of harm. b. Rusk v State: she didn’t actively resist or attempt to run when she had the chance, so under the traditional view she could not have been raped. i.She said 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 couldn’t 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 requirement met by nonconsensual penetration- no need for resistance that requires force to overcome. Rape determination based on D’s actions, not V’s actions or character. * Modern rape law is built around meaningful consent. It is gender neutral, includes the word â€Å"coercion†, includes more than vaginal intercourse, uses the term â€Å"sexual assault† instead of rape * Consent is an affirmative defense, not an element 1) Physical force or coercion 2) NO EXPLICIT 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 person’s right to control her body. Rape is violating the 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 committed when V consents i nitially, 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 female under the age of consent. * Assumes male D, female V * Heterosexual, vaginal intercourse * No force required * No non-consent required (so if she consented it’s 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 handicapped person can be convicted of statutory rape with a person his mental equivalent- we don’t care about mindset, only about the act. * Scholars think strict liability crimes don’t serve a deterrent purpose because they punish without regard to the actors’ state of mind. * But I think this sort of liability is a good thing overal l 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 responsible- but then, people probably don’t 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 malice 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 malignant heart or depraved heart 4. The felony murder 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. Acceptable Evidence when proof of murder depends on malice aforethought 1. Inferred from circumstantial evidence 2. Deadly wea pon 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 Deliberation * Premeditated intent to kill. Killer reflected upon and thought about the killing in advance * Deliberation. Refers to the quality of the accused’s thought process * Statutory felony murder. Lying in wait, poison, torture, etc. Murder, 2nd degree: * Unpremeditated 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 beating from father. charged with M1 * To be guilty of first degree murder, one must act with premeditation and deliberation in addition to malice aforethought * Although premeditation can be formed in an instant, it must be done deliberately- with coolness and reflection * State v Bingham: Raped and strangled on highway To allow a findi ng 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 add'l evidence showing reflection * Gilbert v State: 75 y. o. man killed dementia wife by shooting her * good faith is not a legal defense to first degree murder Voluntary manslaughter Intent to kill plus reasonable provocation (always has to be reasonable provocation for charge of voluntary manslaughter- something akin to heat of passion. But for provocation, this person wouldn't be a killer) * Provocation: 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 defense** (D might have over-defended themselves) * Diminished 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 * Catching one’s wife in the act of adultury * Mere Words Rule: Mere words 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. Jury must find * D actually acted in the heat of passion The heat of passion was provoked by an act or event that would have also provoked a reasonable person in the D's shoes to lose self-control * D did not have sufficient time to â€Å"cool off† b/w provocative event and the killing * A reasonable person in Ds shoes would not have had sufficient time to co ol * 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 committed â€Å"under the influence of extreme mental or emotional disturbance for which there is reasonable explanation and excuse. * â€Å"the reasonableness of such excuse shall be determined from the viewpoint of a person in the actor's 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 trying to cheat on him with his wife. Was a very insecure individual * Intense mental or emotional disturbance is distinguished from insanit y in that it is to be understood in relative terms as referring to a loss of self control due to intense feelings * 3 part test for EMED Will be found in a person who has * No mental disease or defect 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 agitation 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 (â€Å"gross† negligence or ev en â€Å"recklessness†) or Misdemeanor manslaughter (felony murder, junior) * MPC Equivalent 210. 3(1)(a): â€Å"criminal homicide constitutes manslaughter when it is committed recklessly† * Commonwealth v Welanski: Night club burned 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 safety 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 â€Å"imply† malice. One of these situations is when the individual who kills acts with an abandoned and malignant heart * Homicide involving â€Å"depraved heart† can be punished as a second-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 w ith gross negligence and an extreme indifference to human life. D realized that his actions created a substantial and unjustified 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 D’s 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 dangerous 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 commission of a felony is considered murder in the second degree.In some states, killing during the commission of certain statutorily proscribed crimes can elevate the murder to Murder 1 * Level of intent to perform a felonious act is evidence of malice which can be transferred to murder * People v Stamp (Ct. Appeal CA 1969): Man dies of heart attack following the robbery of his store. * A killing committed in either the perpetration of or an attempt to perpetrate robbery is murder of the first degree. Malice aforethought is presumed on the basis of the commission of a felony inherently dangerous to human life. No intentional act is necessary other than the attempt to or the actual commission of the robbery itself. * Not limited 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 dangerous * 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. * Felo ny is â€Å"inherently dangerous† when it is â€Å"dangerous per se† or â€Å"by its circumstances 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 distance (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 policy 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 causing 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 Doctrine: 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 b y third parties * State v Canola (Supreme Ct. of NJ 1977): During robbery of jewelry store, co-felon shot and killed by owner 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 * Generally punishes crimes at the same level as the completed offense, except when the target crime is a capital offense or a felony of the first degree (then treated as second degree felon y) Mens Rea of Attempts * Common law * Requires specific intent to commit the targeted offense.True even when the target crime does not require specific intent * MPC 5. 01 * D must ‘purposely' engage in conduct (â€Å"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 attempted 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 attemp ted murder when he or she attempts, without justification or excuse, intentionally to cause the death of another human being. 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 â€Å"mere preparation† 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 * Line is drawn between acts which are remote and which are proximate and near to consummation. * Felonious intent alone is not enough. There must be an overt act shown to establish an att empt. * 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 arranging 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 desired 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 aba ndonment. Majority of CL states do not recognize the defense of abandonment. nce D crosses line from preparation to attempt 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 renunciation 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 Criminality Complicity One who intentionally assists another in the commission of a crime can be convicted of that offense as an accomplice Mental 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 acc omplice * CL: any form of aid to the principle is sufficient, but a failed attempt to aid is not * MPC 2. 06: both aiding 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 beaten in the back seat of his car by others; he escapes, claims robbery and stolen car. person in front 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 polic e Conspiracy An agreement between two or more persons to commit a crime CL Elements of conspiracy Actus Reus 1. An agreement 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 conspiracy 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 gov't 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 â€Å"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 abando n was communicated expressly to co-cons CasePeople v Swain (CA 1996): drive-by shooting resulted in the death of a boy. Man charged in conspiracy 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 concern is about a â€Å"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 bot h conspiracy and crime 3. For abandonment to apply, D must thwart the success of the conspiracy and must manifest â€Å"complete and voluntary renunciation† of his criminal purpose Case 1. Pinkerton Doctrine: Co-Conspirators can be held liable for ancillary crimes committed in promotion 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) C ase-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 defenses 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 D’s 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 D’s 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 interfering (if they stopped an insane person from hurting someone else, for example. ) Justification 6. D says, â€Å"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 imminent 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 D’s 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. NOTE: if D f ails 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 â€Å"on the present occasion† 9. Provided: if D’s defensive force= â€Å"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 â€Å"retreat† (except from his dwelling) if he knows that’s completely safe way to avoid V’s force g. D has no defense if he, with purpose to cause death or serious bodily injury, provoked V’s force in same encounter 4) Reasonableness standards in context of self-defense: 8. Objective reasonableness: usually includes at least some of D’s physical characteristics, plus D’s knowledge of external circumstances and surroundings; also at least some of D’s general knowledge and prior 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 account D’s past experiences and perceptions- so not a purely objective standard. (And considering the proportionality requirement where D’s 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 we’re not willing to go to the subjective standard. 11. Imperfect self-defense: When D’s 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, D’s 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 there’s no defense or mitigation at all- if D’s belief is not reasonable, you cannot raise self-defense in MN. 5) Defense of another: 12. CL Act at Peril Rule: defende r 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 Young: act at peril.Undercover police officers arresting someone. 13. MPC 3. 05: defender may act on reasonable appearances. Moreover, even if D’s 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 imminent 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 don’t know what they intend to do.But if they have a weapon or are screami ng that they will kill you, you’re safe in defending yourself. 16. MPC 3. 06: Use of force is justified to prevent trespass, theft, etc or to retake property, BUT must ask trespasser to desist (unless useless, dangerous), or harmful to property. Can use non-dangerous devices. 17. People v Brown: What constitutes a residence? xviii. Reasonable expectations test: whether the nature of a structure's 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 civil disobedience (fake blood on IRS walls). ii. Hutchins: necessity cannot justify cultivation of medical marijuana. Court says don’t grow your own, wait for legislature to legalize it. 2. Generally: sometimes th e 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 D’s belief was unreasonable there is not defense or mitigation) believed ii.D’s criminal act was necessary 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 couldn’t 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. D ’s 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 â€Å"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 category of AD’s. 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 we’re evaluating the recklessness or negligence of his subjective belief, we’re still moving towards objective, because under negligence we care about the reasonable person. In recklessness, we care about the â€Å"law abiding† person. The difference is not obvious. 6. Similarities/Differences B/W CL and MPC i. Similar: Both use a balancing 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, â€Å"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 D's 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 Duress 1. Trad. CL: i. D (without prior fault- there’s 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 D’s 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 i s no duress defense if D recklessly put himself in a position where such a threat was probable; if D was merely 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 D’s position (PORF) would have been unable to resist. 1. Example of putting yourself in a situation where duress is likely is joining 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 â€Å"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. Contento-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 cri me 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 involuntary 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 otherwis e would have been aware had he not been intoxicated) 15. Voluntary (â€Å"Self Induced†) Intoxication 16. Pathological Intoxication 17. Involuntary (â€Å"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 (taking LSD thinking its advil) k. D unknowingly suffers from physiological/psychological that renders him abnormally susceptible to legal intoxicant l. Unexpected results from medically prescribed drug 9) Competence to Stand Trial: 23. In question is D’s ability to understand the legal proceedings as they are taking place, not about D’s competence at the time of the crime. 10) Insanity Defense 24. In question is D’s ability to resist the impulse for crime, know right from wrong; questions D’s ability based on the time of the incident itself. 25. Tests: xxviii.M’Naghten Rule: a right/wrong test- looks at COGNITION; focus is on D’s 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 didn’t 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 à ¢â‚¬Å"acted with the irresistible and uncontrollable impulse,† or â€Å"if she lost the power to choose between right and wrong, and to avoid doing the act in question, as her free agency was at the time destroyed. † 22. Criticisms: Too narrow- looks only at volition. xxx. Durham Test: focuses on testimony of psychiatrists 23. An accused is not criminally responsible if the unlawful act was the product of mental disease or defect. â€Å"Mental disease or defect† is â€Å"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 testimony, to the point where the role of the jury is usurped- rubber-stamping an expert. xxxi. MPC 4. 1 – combination of M’Naughten 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 lac ks substantial capacity either to: q. Appreciate the criminality (wrongfulness) of his conduct (cognitive) r. Or to conform his conduct to the requirements of the law (volitional) 26. The terms â€Å"mental disease† or â€Å"defect† do not include an abnormality manifested only by repeated criminal or other anti-social conduct. 27. Appreciate: wrongfulness is a m