X Hire Writer Essay Topics Essay Checker Donate A Paper

X Hire writer Essay topics Essay checker Donate a paper Log In RESILIENT ROWERS OF THE 1936 OLYMPICS ESSAY Custom Student Mr. Teacher ENG 1001-04 30 April 2016 Resilient Rowers of the 1936 Olympics â€Å"In an age when Americans enjoy dozens of cable sports channels, when professional athletes often command salaries in the tens of millions of dollars†¦it’s hard to fully appreciate how important the rising prominence of the University of Washington’s crew was to the people of Seattle in 1935† (Brown 173). As seen by this quote, America is a much different place than what it was in the 1930s. The times have changed significantly. In today’s day and age we have it all too good. The world we live in is one of leisure and not nearly as much hard†¦show more content†¦Over five thousand banks closed and huge numbers of businesses, unable to get money, closed too. Those that continued laid off employees and cut the wages of those who remained, again and again. Industrial production fell by 50 percent, and by 1933 perhaps 15 million†¦were out of work† (Zinn). This description by Howard Zinn really paints a picture of the turmoil that was occurring in the US during the depression. The depression caused people to be afraid of the future because of all the uncertainty that came with it. This was especially true for Joe Rantz. Joe came from an extremely poor family and had been hit hard by the depression. He knew that if he wanted to rise above the depression and the sad life he lived, he would have to make the cut for the University of Washington crew team. Joe knew all too well that â€Å"failing at this rowing business would mean, at best, returning to a small, bleak town on the Olympic Peninsula with nothing ahead of him but the prospect of living alone in a cold, empty, half†built house† (Brown 13). It was this that motivated Joe and it was this that pushed him to succeed. The Great Depression sparked the fear of an uncertain future into Joe, which is demonstrated by Brown in the quote,†Whether you were a banker or a baker, a homemaker orShow MoreRelatedFundamentals of Hrm263904 Words   |  1056 PagesDavid Levy  ©Michael Eudenbach/Getty Images, Inc. This book was set in 10/12 ITC Legacy Serif Book by Aptaracorp, Inc. and printed and bound by Courier/Kendallville. The cover was printed by Courier/Kendallville. This book is printed on acid free paper. Copyright  © 2010, 2007, 2005, 2002 John Wiley Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording

The Anti Phishing Act Of 2005 Sponsored - 1310 Words

Phishing is an attempt to acquire personal information by masquerading as a trustworthy entity through an electronic communication. [ Compl.  ¶ 28, ECF No. 1.] ( http://www.ncsl.org/research/telecommunications-and-information-technology/state-phishing-laws.aspx ) The Anti-Phishing Act of 2005 sponsored in the Senate by Patrick Leahy (D-VT) is a bill that calls to criminalize fraudulently obtaining personal information. This essentially focuses on criminalizing two actions: [ref: http://definitions.uslegal.com/p/phishing/ ]: 1. Establishing and creating web sites with the intent to gather information from victims to be used for fraud or identity theft 2. The creation or soliciting of e-mail that represents itself as a legitimate business†¦show more content†¦Many phishing scams registered that caused thousands of dollars loss to victims. U.S. Law Enforcement took actions time-to-time against phishers. Some of the popular cases are as follows: Cases Discussion – 3 cases -United States v. Hill (S.D. Tex., sentenced May 2004); FTC v. Hill (S.D. Tex., preliminary injunction December 2003) -Romanian Arrest (2003) -United States v. Kalin (D.N.J., Nov. 2003) U.S. Federal Criminal Statutes applicable for Phishing Although phishing is common tactics used by criminals over internet, there is no single federal statute that directly criminalizes phishing. Realizing this, many states have drafted law that specifically address phishing. California was first to implement state ant-phishing law 2005. [ref: https://www.law.cornell.edu/wex/inbox/state_anti-spam_laws ] Even though there not all states have anti-phishing law, this issue is covered under many other laws related to computers and internet. Similarly, phishing is addressed in federal statute under following laws: - Identity Theft – 18 U.S.C. 1028(a)(7): Under this section, knowingly unlawfully possessing or transferring somebody’s means of identification with the intent to commit illegal activity is considered crime. Below is the definition of elements of this law from phishing aspect: [ref: https://www.law.cornell.edu/uscode/text/18/1028 ] - Knowingly – plaintiff should have be well-aware of the phishing email sent to the victim. - Means of

Different Business Structures Free Essays

There are many types of organisational structure a business may decide to adopt. This assignment will examine the four main different business structures and present the advantages and disadvantages of each one. The business structures that I will be examining are as follows: A sole trader is an organisation, which is owned by one person. We will write a custom essay sample on Different Business Structures or any similar topic only for you Order Now The assets and liabilities of the owner and those of the business are the same. There are no legal or tax distinctions between the owner and business. This type of business is straightforward to set up and dissolve. It requires the minimal legal requirements and costs. The owner can make all the decisions and can retain all the profits. He owns all the assets of the business. The owner can draw or invest funds into or out of the business, as he deems necessary. Business losses can be offset against other income, including claw back of past pay as you earn (PAYE). As the sole trader is self-employed, he is able to defer Income Tax and reduce his National Insurance contributions. The owner†s personal assets can be transferred to a spouse (or any other relative). However, the assets may be required to be returned by the court if it is satisfied that they were transferred to defeat creditors that were owed money. There is no legal requirement to have the accounts and records audited. No public disclosure of accounts and records is necessary, unless the business is registered for Value Added Tax (VAT). There is no requirement to register for VAT unless the taxable supplies to customers is equal to, or exceeds, the registration level. The registration level is currently ? 50,000 for a twelve-month period). The main disadvantage for being a sole trader is the unlimited liability factor. The sole trader is putting at risk his entire personal fortune including his house, car and any other personal assets in his possession that are outside the business. This is because there is no distinction between the individual (the owner) and the business. The law does not recognise the business as an artificial person (unlike a company,) and the business therefore, does not receive the benefits that would be attached if it were. If the business does become bankrupt, the owner may loose his personal fortune to pay the debts of the business. It is also true that if the sole trader becomes bankrupt, the business cannot legally continue. There are no additional funds available from equity investment by persons outside the business (third parties). This therefore, limits the businesses† growth potential. The transfer of ownership is not very flexible and the owner can only sell assets. All of the profits from the business are taxes as personal income, whether they have been retained within the business or taken out. Although self-employment reduces the National Insurance contributions payable, it also reduces the benefits of the National Insurance entitlements. The tax relief on pension contributions is restricted. If any property is transferred to the spouse it is lost to the sole trader if the marriage breaks and the spouse refuses to give it up. If the owner dies, the business comes to an end and the executives in charge of his affairs either sell it as a going concern or sell the assets individually. This is easy to set up and dissolve. There are no legal requirements to audit the accounts. No public access to the accounts ensures confidentiality. Any business losses can be offset against other income. Can be converted to a limited company at a later stage. Benefits of self-employment for income tax and National Insurance. Can attract more capital by admitting new partners, however, each partner has the right to veto the introduction of the new partner. Can get credit easily because supplies are not at risk as it is the partners who are taking the risks. A partnership can sue (and be sued) in its own name even though it is not an artificial person. Can change s19 of the Partnership Act 1890, but all partners must agree (s24 of the Partnership Act 1890). Can change provision of the 1890 Act e. g. s24 – profit and losses shared equally, but partners may provide for a different share (e. g. ?: ? rofit liability) in their agreement. If no evidence of split, their split will be equal. Every partner has legal access to inspect and copy firms books s24 (9) Partnerships Act 1890. Differing salaries may be given to partners before surplus profit is split. No doctrine of ultra vires and partnership may engage in any lawful activity as the partners† see fit. Able to access knowledge and experience of the partners. Limited to maximum of 20 people by Companies Act 1985, some professions are exempt and can have partnerships of unlimited size (e. g. solicitors, accountants, estate agents, stock brokers). Partnerships are jointly and severally liable for debts. Liability extends to private assets/personal fortune. Bankruptcy of partnership equals bankruptcy of all partners (excluding limited partners under the Limited Partners Act 1907). If a partner dies, his estate may still be liable for the businesses debts. Unless specific continuation provisions are made in the agreement, death, bankruptcy or retirement will dissolve the partnership. Less flexibility than a limited company, in transferring ownership. High level of trust required. Whether drawn or not, the profits are taxed as income. Self-employed national insurance entitlements have less benefits. Tax relief on pension contributions is restricted. Partners can be sued individually, or together by a creditor that has not been paid. However remaining partners must buy out the share of the deceased, bankrupt or retiring partner and it may be difficult to raise the necessary funds. The Business Names Act 1985 requires the names of all the members of a partnership and addresses in Great Britain where documents can be served, must be stated at all business premises so they can be easily read. Also all names must go on letterheads/documents. If more than 20 partners, the firm may elect to have a statement on letterheads/documents of the firms† principle place of business with indication that the partners† names can be inspected there. Partnership will be in contract if a partner without the relevant authority binds them to it (apparent (ostensible) authority). The partnership is bankrupt if all the partners are also bankrupt (excluding a limited partner under the Limited Partnership Act 1907. There are many factors that are the same for a LTD and a PLC so these will be covered first and then the individual factors will be looked at later. The company is considered by law as an artificial legal person and has an independent legal and tax status. Therefore it can sue and be sued in its own name. As the company is independent of its members, there is limited liability for its shareholders who just risk the amounts invested. Unlike a sole trader and a partnership, the company owns the assets. The death or bankruptcy of a member does not affect the company, which has perpetual succession. Also, the members do not go bankrupt if the company is being wound up. To provide funds for the company shares are issued, which can have different classes and rights (e. g. preference shares and equity shares). Only company directors can bind the company. There is no upper limit restricting the number of members a company can have. A company has a greater facility for borrowing (e. g. it can borrow on debentures) and raising finance externally. The formalised structures make management clearer. It is easier to widen the ownership base. There are no limits regarding contributions made to a pension scheme with tax relief. Income tax is only paid on salaries drawn. When profits are retained in the company the higher rates of personal tax can be avoided. It is very time consuming and expensive to set up as a company. There is a complex registration – registering under the Companies Acts, documents must be delivered to the Registrar of Companies and there are many related fees. The companies must conform to the relevant formalities of the Companies Act 1985. There are many requirements concerning factors such as the accounts and records, audits, share issues, directors requirements etc. The accounts and records must be made accessible to the public so competitors will have access to them. Company subject to regulation and suspension from secretary of state for trade and industry, the courts and the registrar of companies – certain accounts records to be submitted to ROC – less of confidentiality. Audit and account costs high, full audit costs if sales exceed an upper limit. Shareholders personally taxed on dividends. Double tax when company pays corporation tax on profits and capital gains. Higher national insurance contribution. Limited liability initially as creditors and banks request personal guarantees from directors. Private Limited Company (LTD company) Has no minimum value required for the allotted share capital. Can on receipt of its certificate of incorporation limited can borrow and commence business. A LTD company needs only one director and one shareholder. There is less legislation than PLC to comply with. A member can appoint only one proxy who can vote and address the meeting. Can provide financial assistance to a person to help them purchase the companies shares. It is optional for a LTD to pay dividends. A LTD company can not sell shares or debentures to the public. Has to publish accounts but gets partial exemption from publishing the full accounts, if they are bellow an upper limit. The company secretary is not required to be qualified or experienced, so there may be a lack of knowledge. Share holders can not easily sell shares due to the lack of a market and Articles of association restrictions on transfer. The Public Limited Company (PLC company) Raise capital by selling shares and debentures to the public. Needs 2 directors and 2 share holders (unless registered before 1st Nov 1929). A member can appoint more than 1 proxy who can vote but can not address meetings. The secretary must be qualified and posses the requisite knowledge and experience. Public scrutiny over accounts aids performance and efficiency. Large market for shares. No restriction on share transfer on stock exchange, USM and AIM but must keep track of who has shares. Encourages investment into company by share ownership by paying dividends. Can be exempt from the statutory requirement to have its year end accounts audited. Has legal requirement concerning allotted share capital – must be equal or greater than fifty thousand pounds. Can not exercise its borrowing powers or enter business transactions until the registrar has granted it a section 117 certificate. High degree of legislation, rule and formalities it must conform to, e. g. directors retiring at 70 years of age, minimum of 2 directors, voting for directors individually at a general meeting, share allotment. Must publish its accounts in full. Can not give financial assistance to a person to enable him to purchase the companies shares. How to cite Different Business Structures, Essay examples

Special Senate Committee on Senate Modernization free essay sample

Individuals must meet the constitutional qualifications. The constitutional requirements for the job remain. You have to be at least 30 years old, be a Canadian citizen and own property worth at least $4,000, as well as at least $4,000 in other assets. Nominees will have to show they can bring an independent and non-partisan perspective to the Senate. (Canadian Press, 2015). Unlike the House of Commons, the Senate has no power in the decision to end the term of the prime minister or of the government. Only the Commons may force the prime minister to tender his resignation or to recommend the dissolution of Parliament and issue election writs, by passing a motion of no-confidence. Thus, the Senate power in the government is very limited.One of the duties of the Senate is to represent the interests of Canadas regions, provinces, territories, and minority groups. Seats in the Senate are distributed to give each major region of the country equal representation. We will write a custom essay sample on Special Senate Committee on Senate Modernization or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The Senate works together with the House of Commons, assumes a role in Canadas administration. Any bit of government legislation must be endorsed by both the House of Commons and the Senate for it to end up as lawThe Senate has 105 appointed members divided among the provinces and territories as follows:Alberta, British Columbia, Manitoba, and Saskatchewan: 6 seats eachOntario: 24 seats and Quebec 24 seatsNew Brunswick and Nova Scotia: 10 seats eachPrince Edward Island: 4 seatsNewfoundland and Labrador: 6 seatsYukon, Northwest Territories, and Nunavut: 1 seat eachStanding in the Senate:Independent Senators 41Conservative Party of Canada 33Liberal Party of Canada 12Non-affiliated 5Vacant seats 14Total 105(Senate of Canada, 2018). A mandate of the SenateThe mandate of the Senate is to review, amend and either reject or approve bills passed by the House of Commons. The Senate works together with the House of Commons and assumes a role in Canadas administration. Any government legislation must be endorsed by both the House of Commons and the Senate for it to end up as law. No bill can become law until it has been passed by the Senate.Senators also study social, legal and economic issues through their committee work. The committees job is to give skilled thought to a bill. The Committees can influence the action of the government. In some cases, the Senate committees assist the citizens of Canada by bringing public awareness and clarification of some complex issues. The Senate basically creates a forum for the expression of views. A great example of this is Bill C-210. This was a private members bills that wanted to change the lyrics of O Canada to make them gender neutral. As all Canadians are aware; this was a heated debate all across Canada.

The Economy Of The Phillipines Essay Example For Students

The Economy Of The Phillipines Essay Per Capita Income: Since I am the first person reporting, I would like to explain what per capita income means. The per capita income of a certain country is the GDP of that country divided by the total population. In the Phillipines the per capita income is approximately $700. When compared to the per capita income of the United States, which is about $22,000, it is easy to tell that the economy of the Phillipines is ver poor. GDP: Growth: 5.7%GDP= 82.8% FROM AGRICULTURE: 17.1 IMPORTANT% FROM MANUFACTURING: 18.9% FROM SERVICES: 39.2 MOST IMPORTANT% FROM GOVERNMENT: 7.9Exports: Traditionally, the Phillipines has been primarily an exporter of raw materials and an importer of manufactured goods. This is the role that many third world countries play in the global economy. Electronic and automotive parts, along with garments are the leading merchandise exports of the country. However, the Phillipines also relies heavily on import inputs. The country also exports bananas, coconuts, copper, gold, lumber, pineapples and sugar. We will write a custom essay on The Economy Of The Phillipines specifically for you for only $16.38 $13.9/page Order now Imports: The Phillipines mostly imports manufactured goods. Certain items remain subject to import regulations such as narcotic drugs, firearems, ammunition, etc. Their chief imports include chemicals, machinery, and petroleum. Trading Partners: The Phillipines, like any other country, cannot produce everything that it needs. Instead, it relies heavily on foreign trade. Specialization in production allows for each nation to produce what it produces best, and to trade for products which it cannot produce as well (In case your teacher asks, this means that if you are better at one thing and I am better at another, rather than each of us trying to do both, we would each do what we are best at. Then, we would exchange what we had produced and both be better off than had we tried making both things on our own). It trades mainly with Japan and the United States. The Phillipines maintain high tariff rates and protective barriers on sensitive agricultural products. Major Economic Activities: The Phillipines has embarked on economic reforms and market liberalization measures in the past two years. As a result of this the Phillipines has started to show signs of recovery (FROM WHAT). Even though the unemployment rate is very high, it has dropped from 10.5% to 9.8%, a considerable move for a two year period. In the Phillipines, the minimum age for employment is 15. Their constitution prohibits forced labor. All workers have the right to join unions. The prices are generally determined by free market forces, with only a few exceptions. Conclusion: **IF THIS PROJECT IS ABOUT CAPITALISM AND FREE MARKETS**Although the Phillipines economy is weak, and the unemployment rate is high, the Phillipines is showing some signs of life. It has recently become a more open economy, allowing for more free trade and free market forces. As this process continues, trade with the Phillipines will increase, and eventually, a more capitalistic and successful economy will emerge.

Elements of a Crime Essays

Elements of a Crime Essays Elements of a Crime Essay Elements of a Crime Essay Essay Topic: 6th Grade Elements of a Crime (Actus Reus Mens Rea) Model Lesson Plan Source: Original lesson plan. Handout #2 from David Crump, Criminal Law: Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals: by the end of this class students should have a strong foundation for reading criminal statutes and differentiating similar crimes. II. Objectives a. Knowledge objectives: as a result of this class students will be better able to: i. define Actus Reus and Mens Rea ii. understand the different gradations of Mens Rea iii. nderstand the differences between Washington’s homicide statutes b. Skills objectives: as a result of this class students will be better able to: i. read a statute carefully and apply it to fact patterns ii. present and defend their interpretations of the law c. Attitude objectives: i. Students should understand that the severity of criminal punishments can vary greatly depending on the defendant’s mental state in a manner that is largely consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. ii.Students should carefully consider the potentially harsh results that occur when legislatures replace mens rea with strict liability. III. Methods (1)Distribute Handout #1 (Hypos) (2)Read the introductory hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the conclusion that Frank did cause Bill’s death in the sense that if he hadn’t moved the mirror in the particular way he did at that exact time, the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of but for or actual causation as used in Handout #2.However, the law typically only imposes liability where the defendant’s conduct is the proximate cause of the harmful event/ crime. b. However, it seems like Frank didn’t do anything wrong. Try to elicit why this result seems wrong and write the class’s ideas on the whiteboard. (3)Distribute Handout #2 (Elements) (4)Handout #2 Walk through the Elements handout. Be careful to explain that not all of the elements are always present in a criminal statute. For example, attempted murder doesn’t have a harm element and parking violations don’t have a mens rea element, e. g. ne can receive a parking citation for parking in a handicapped spot even if it was unintentional or an accident. Furthermore, the elements aren’t perfectly discrete and there is some overlap. (5)Distribute Handout #3 (Statutes) a. Explain that the groups will be analyzing the hypos with respect to the statutes provided in Handout #3. The Grades of Homicide are meant to demonstrate the changes mens rea. b. Walk through the statutes and give a thumbnail sketch of i. First degree murder: 1. Premeditated killing. An intentional killing that was deliberate and contemplated prior to the killing. . Extreme Indifference. Covers the possibility that someone knows that what they are going to do will result in the death of another person, but at the same time doesn’t intend to kill. See the bomb hypo in handout # 1. ii. Second degree murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable risk to human life. Recklessness is similar to extreme indifference, but the risk that human life will be lost is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. Statutory rape 1. No mens rea. Strict liability with a limited affirmative defense where minor misrepresents age. In an effort to protect minor children, state legislatures have placed an increased burden to ascertain age on the older party. (6)Break into groups of 3-5 to apply statutes to Hypos 1-5. Have groups designate a reporter and a recorder. The recorder should write each of the group members’ names on the top of handout #1 and also record the group’s answers on the space provided.The Reporter is responsible for explaining the group’s reasoning and conclusion when the class reconvenes. (7)Reconvene Class: call on each group to present their analysis of one hypo. Ask questions to push them in the right direction if you think they missed something or ask questions forcing them to defend their answers if you think they got it right. Note to teacher: suggested answers to the hypotheticals are on a separate sheet at the end of this lesson plan. (8)Take-away: mens rea standards vary widely from premeditated intent to strict liability.You need to read statutes carefully to determine the correct standard. IV. Evaluation a. Group performance on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the following question: Should Melvin be punished for his relationship with Laura? If not, please explain why. How do you think Washington’s statutory rape statute should be changed? If you think that Melvin should be punished, please explain why. Handout #1: Hypothetical Scenarios Introductory Hypo: Frank is helping his friend move into a downtown Seattle condo.While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall.When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury. Suppose that Washington law provides: Anyone who causes the death of another person shall be guilty of murder. Would Frank be guilty of murder under this law? Should he be? Group Exercise Hypos Instructions: Nominate someone in your group to be the recorder and another person to be the class reporter. Read each hypothetical and determine which statute, if any, applies to the facts of the hypothetical and whether the defendant has violated the statute.Hypo #1: Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must shoot and kill Steven. Sarah pleads with Roger to let her go and that she does not want to kill Steven. Roger tells Sarah that unless she successfully shoots and kills Steven, he will kill Sarah and her entire family. Roger has a violent reputation and Sarah has no reason to believe that Roger will not follow through with his threat. Roger identifies Steven walking on the other side of the street and tells Sarah to take the shot.Fearing for the safety of her family and herself, Sarah takes careful aim at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Steven’s heart. What crimes if any has Sarah committed? Explain ____________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________ Hypo #2: Mildred comes home from work early only to discover her husband Robert in the midst of a lewd affair with their neighbor Gladys.In sudden fit of rage, Mildred grabs a flower vase and smashes it over Gladys’ head knocking her unconscious. With a broken shard of ceramic from the vase, Mildred stabs Robert in the neck. Robert dies from sudden blood loss within seconds. After killing Robert, Mildred drags Gladys’ unconscious, but still breathing, body into the garage where she ties Gladys to a folding chair and duct tapes her mouth shut to keep her from screaming. Mildred then returns to the house, prepares a cup of hot tea and takes a long bubble bath contemplating what she should do with Gladys.After finishing her bath, Mildred brainstorms in a note book for several hours about what she might do with Gladys. Ultimately, Mildred decides that Gladys must die for what she has done. Mildred then returns to the garage where she calmly shoots and kills Gladys with a pistol at point blank range. What crimes if any has Mildred committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #3: One day, George decides that he would like to see what would happ en if he were to drop several pounds of high explosives from a freeway overpass into busy fast-moving traffic. George purchases several pounds of high explosives over the internet and then goes to a nearby overpass overlooking I-5. He drops the explosives in front of a large semi-truck and mutters to himself, I sure hope nobody gets hurt. When the explosives hit the pavement below they instantly detonate and blow-up the semi-truck killing its two occupants. In addition, five more motorists are killed in the ensuing pile-up.What crimes if any has George committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #4: Jim is driving down the freeway when he spills his bag of Skittles onto the front passenger floor. Not wanting to lose a single sugary morsel, Jim leans down to retrieve the handful of lost Skittles. In so doing, Jim takes his eyes completely off the road for 8 seconds.While reaching for the last Skittle, Jim inadvertently jerks the steering wheel which veers his car into the next lane. Jim’s car strikes another car forcing it into the ditch. Upon entering the ditch, the other car flips into the air and lands on its roof. All three occupants are crushed to death. What crimes if any has Jim committed? Explain. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #5: Melvin is 21 years old. He has been held back several grades and reads at approximately a 6th grade level. Laura is 15 ? years old. She is a very bright student and takes nearly all AP classes. Laura and Melvin live in the same neighborhood. Laura has always felt sorry for Melvin and was friendly to him even when the neighborhood kids teased and taunted him. As their friendship grew, their relationship, at Laura’s suggestion, became sexual. Melvin never asked Laura how old she was nor did Laura ever tell Melvin her age.When Laura’s father discovered the relationship, he turned Melvin into the police. What crimes if any has Melvin committed? Does he have any defenses? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Handout #2: Elements of a Crime 1. Actus Reus. Actus reus is often characterized as the physical part of a crime. In most cases, it describes what the offender must do.A murder statue will require the offender to kill, an arson law will punish people who set fire to a structure, and theft may require someone to take something a. Voluntary Act: The defendant’s act must be voluntary. b. Circumstances: Many Crimes occur only in a specifically described situation. For example, bribery of a juror requires that the person bribed have been a juror (not another official). c. Harm or result: Many criminal laws require a specific harm to have occurred before the statute applies. In murder, there must be a person killed, and in arson, there must be a burned structure. d.Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result. i. But for, Cause in Fact, or Actual causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action. ii. Proximate causation is narrower than but for causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions. 2. Mens Rea. Mens Rea is often characte rized as the mental requirement in a criminal law.Modern statutes often use four categories of mens rea: intentionally (or purposefully or willfully), knowingly, recklessly, and with criminal negligence. Handout #3: Statutes First Degree Murder: RCW 9A. 32. 030 (1)A person is guilty of murder in the first degree when: (a)With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or (b)Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or c) [Felony Murder- not covered in this exercise] Second Degree Murder: RCW 9A. 32. 050 (1)A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or (b) [Felony Murder- not covered in this exercise] First Degree Manslaughter: RCW 9A. 32. 060 (1)A person is guilty of manslaughter in the first degree when: (a) He recklessly causes the death of another person; or (b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.Second Degree Manslaughter: (1)A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. Rape of a Child in the third Degree (Statutory Rape): RCW 9A. 44. 079 (1)A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Defenses: RCW 9A. 44. 030 2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victims age, it is no defense that the perpetrator did not know the v ictims age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim [i. . over the age of 16 or less than 48 months apart in age] ? FOR THE TEACHER: Answer Key to Hypothetical Questions Introductory Hypo: The point of the introductory hypo is to realize that there are two types of causation. Simple causation or cause in fact might describe how a physicist would define causation. Under this type of causation, event A is a cause of the later event B, if B would not have occurred but for the occurrence of event A.Therefore, in the example, the event of Frank moving the mirror is a cause in fact of Bill’s death in this sense because if Frank hadn’t moved the mi rror in the way he did, the sequence of events that led to Bill’s slip would not have occurred and Bill would not have died. However, in a legal context, cause in fact is a necessary but not sufficient element. To be legally liable for a particular action, one’s conduct must be the proximate cause of the liability generating event. Proximate cause is a subsection of cause in fact and is limited to events that are foreseeable.Therefore, Frank would not be criminally liable for the death of Bill under existing criminal law frameworks because Bill’s death was not foreseeable. Hypo #1: The issue here is whether Sarah is liable for some level of homicide offense. Since Roger held Sarah at gunpoint and Sarah knew that Roger was a violent person one could argue that Sarah did not shoot Steven voluntarily even though she had the clear intent of shooting Steven because she took careful aim, adjusted for the wind, and placed a precise shot. Duress is a defense to most cri mes.However, duress is not a defense to homicide, so Sarah is potentially liable for either murder or manslaughter (duress can reduce a crime that would otherwise constitute murder to manslaughter under certain circumstances). You might ask students: How do you think a prosecutor would or should handle this case? Should he or she use his or her discretion to not file charges against Sarah? Hypo #2: There are two homicides in this case: Gladys and Robert. Mildred’s killing of Robert would be murder in the second degree because in a fit of sudden rage (no premeditation) she intended to kill her husband by stabbing im in the neck. Robert’s death is the classic passion killing. However, Mildred’s killing of Gladys would be murder in the first degree because after dragging her body to the garage, she took time and deliberated about what she was going to do and then killed Gladys. Gladys’s murder was premeditated. Hypo #3: Is George guilty of murder? George di d not have a clear intent to harm anyone when he dropped the bomb onto the interstate. However, under subsection (b) of Washington’s first degree murder statute, George manifested an extreme indifference to human life that created a grave risk of death to any person. Therefore, even though George didn’t intend to kill anyone, he could be found guilty of murder in the first degree. Hypo #4: One could argue that Jim should be guilty of murder in the first degree under the extreme indifference prong, but Jim’s conduct is not nearly as abhorrent as George dropping a bomb onto the interstate. Motorists do dangerous things in the car all the time that are distracting and cause accidents. Therefore, reaching over to pick up some Skittles is probably not extreme indifference. Jim is most likely guilty of first or second degree manslaughter.The difference between the two is that manslaughter one requires recklessness whereas manslaughter two requires only criminal negli gence. Negligence is the lower standard and asks only whether Jim should have known better than to reach for the skittles, whereas recklessness is a subjective standard which would require that Jim knew what he was doing was dangerous. From the facts of the case, it appears that Jim did not recognize the danger in what he was doing and would most likely only face a charge of manslaughter in the second degree.Note: Vehicular homicide might also be charged in this case. Hypo #5: Despite the sympathetic circumstances, Melvin is liable for statutory rape. Laura is younger than 16 (the age of consent in WA) and Melvin is more than 4 years older than her. The limited defense of misrepresentation of age by the minor does not apply because Laura never represented her age in the first place. There is no mens rea element to statutory rape. Rather, it is a strict liability offense in the same way

Risk Assessment Essay Example | Topics and Well Written Essays - 2250 words

Risk Assessment - Essay Example The history and ability of terrorists involves any method they have utilized to accomplish their objectives. Secondly, the risk assessment process should identify the building asset value that requires safeguarding, or protection. The third step is conducting a vulnerability assessment (Baranoff, Harrington & Niehaus, 2006). A vulnerability assessment appraises the probable vulnerability of essential assets against a wide range of hazards or threats that have been identified. A vulnerability assessment gives a foundation for establishing measures of mitigation. These may be required to protect essential assets in a building. A vulnerability assessment acts as a connection between hazard or threat, value of asset, and the consequential risk level. Step four is the risk assessment. This stage involves analyzing the threat, value of asset, and vulnerability to determine the risk value of each and every significant asset against any threat that can be applicable. Moreover, a threat that would happen and has extremely little consequence may need mitigation measures that are easy and of low cost. Those that are more likely to occur, but have consequences that are particularly massive may need mitigation measures that are complex, and more expensive (Wheeler, 2011). The risk assessment process should provide a comparative risk profile. ... The purpose of the process of assessment is to realize the protection level required. This is through the execution of mitigation measures in a designed building. The mitigation measures may decrease the risk by denying, detecting, devaluing or deterring the probable threat component before, or during a terrorist attack. In addition, mitigation measures may lessen the risk of injury or damage by imparting a satisfactory protection level if there is an occurrence of a risk. It may also work to dissuade an aggressor further (Crouhy, Galai & Mark, 2005). This paper will look at a risk assessment of the Seattle Space Needle building. Threat Identification and Rating   There are many hazards that are manmade. This makes necessary to comprehend the individuals who have the intention of harming others. On the other hand, it is fundamental to be familiar with an aggressor’s tactics, weapons, and tools. The Seattle Space Needle building designers recognize that tactics, tools, and we apons can change quicker than the building can be customized against the threats that are posed. They acquired the hazard or threat assessment information from local emergency management, local enforcement, the Homeland Security department, and the Federal Bureau of Investigation (Crouchy, Mark & Galai, 2000). For risks or hazards that involve technology, they got information from the Local Emergency Planning Committee, State Emergency response Commission, hazardous materials unit, and the local fire department. These organizations isolate facilities that are significant in zones that are vulnerable and create management plans for emergencies. Moreover, many fire departments have information on industries in a local area that have many of the materials