The Different Elements of the Crime of Murder

The Different Elements of the Crime of Murder The crime of murder is the willful taking of another persons life. In almost all jurisdictions murder is classified as either first-degree or second-degree. First-degree murder is both the intentional and premeditated killing of a person or as it is sometimes referred to with malice aforethought, which means the killer deliberately killed out of ill will toward the victim.​ For example, Jane is tired of being married to Tom. She takes out a big life insurance policy on him, then begins to spike his nightly cup of tea with poison. Each night she adds more poison to the tea. Tom becomes gravely ill and dies as a result of the poison. Elements of First-Degree Murder Most state laws require that first-degree murders include the willfulness, deliberation, and premeditation to take a human life. It is not always required that proof of the three elements are present when certain types of killing occur. The types of killing that fall under this depend on the state, but often include: The murder of law enforcement officerUsing unreasonable force that results in the murder of a childMurder occurring in the commission of other felonies, such as rape, kidnapping, and other violent crimes. Some states qualify certain methods of killing as first-degree murder. These usually include particularly heinous acts, torturing to death, imprisonment resulting in death, and laid in wait murders. Malice Aforethought Some state laws require that for a crime to qualify as first-degree murder, the perpetrator  must have acted with malice or malice aforethought. Malice generally refers ill will towards the victim or indifference to human life. Other states require that showing malice is separate from, willfulness, deliberation, and premeditation. Felony Murder Rule Most states recognize the Felony Murder Rule which applies to a person committing first-degree murder when any death occurs, even one that is accidental, during the commission of a violent felony such as arson, kidnapping, rape, and burglary. For example, Sam and Martin hold up a convenience store. The convenience store employee shoots and kills Martin. Under the felony murder rule, Sam can be charged with first-degree murder even though he did not do the shooting. Penalties for First-Degree Murder Sentencing is state specific, but generally, sentencing for first-degree murder is the toughest sentencing and can include the death penalty in some states. States without the death penalty sometimes use a dual system where the sentence is a number of years to life (with the possibility of parole) or the with the sentence including the term, without the possibility of parole. Second-Degree Murder Second-degree murder is charged when the killing was intentional but not premeditated, but also was not done in the heat of passion. Second-degree murder can also be charged when someone is killed as a result of reckless conduct without concern for human life. For example, Tom becomes angry with his neighbor for blocking access to his driveway and runs into the house to get his gun, and returns and shoots and kills his neighbor. This could qualify as second-degree murder because Tom did not plan to kill his neighbor in advance and getting his gun and shooting his neighbor was intentional. Penalties and Sentencing for Second-Degree Murder Generally, the sentencing for second-degree murder, depending on the aggravating and mitigating factors, the sentence can be for any range of time such as 18 years to life. In federal cases, judges use the Federal Sentencing Guidelines which is a point system that helps to determine the appropriate or average sentence for the crime.

Improving Media Literacy in Lower Education Research Paper

Improving Media Literacy in Lower Education - Research Paper Example As the report declares media literacy is especially important among children and youths upon whom the future of America and the world depends. This is because; by being media literate these individuals are better equipped to interpret complex messages from all forms of media including the internet, newspapers, television, magazines, radio, music, and marketing materials, among others. Another important aspect of media literacy is the fact that it equips people with the skills to create innovative media forms and become active partisans in the prevailing media culture. According to the research findings there are numerous media literacy tools presently in use in America, there is need to conduct extensive assessment research to establish the most effective ones. This process is made difficult by the fact that there are varying theoretical and educational foundations upon which the media literacy programs are established. With the extant literature on media literacy it is evident that many researchers concede that it is preferable to integrate emerging concepts of media literacy into existing education curricula, instead of teaching the concepts within a detached context. Many scholars appear to support the notion that these emergent media tools must gradually replace the traditional ones. For instance, many researchers consider traditional tools of investigative journalism to be outdated. It is for this reason that, they deem modern media tools like first-person documentaries to be the most appropriate investigative methods. ... any researchers concede that it is preferable to integrate emerging concepts of media literacy into existing education curricula, instead of teaching the concepts within a detached context. However, many scholars appear to support the notion that these emergent media tools must gradually replace the traditional ones. For instance, many researchers consider traditional tools of investigative journalism to be outdated. It is for this reason that, they deem modern media tools like first-person documentaries to be the most appropriate investigative methods. This is because; the producers of such films play a crucial role in informing members of the public about occurrence of destructive societal vices like malevolence and corruption (Herrick 45-56). These forms of documentaries, also popularly referred to as personal documentaries are films produced by a person. This is unlike traditional documentaries, which are filmed, edited and produced by a studio. First-person documentaries narrate actual events as they occur and, therefore, report factual realities as opposed to highly altered content. Josh Fox and Michael Moore are two of the most prominent personal documentary makers, who have led this revolution in journalism. Some of these filmmakers’ documentaries have instigated debate in mainstream American society, prompting me to understand the role played by this genre of film to promote social change. The filmmakers are occasionally perceived to be advocates of societal development and betterment of the public. This is a role that television journalists have gradually deserted, as they focus of the most profitable stories. Therefore, these personal documentaries are increasingly becoming useful learning tools as technology advances, and as more people gain the ability

QUESTIONS IS LISTED BELOW Essay Example | Topics and Well Written Essays - 2000 words

QUESTIONS IS LISTED BELOW - Essay Example Although company has maintained its performance in the year 2009 and sold more than 1.7 billion of unit cases of juices, still, the increasing competition in the global market is raising concerns for the company. In this report, the analysis of the company will be done by analysing its operations in different world markets. Finally, based on analysis, a conclusion and recommendations will be presented. Coca Cola is offering a variety of beverages and drinks worldwide and the products of the company can be categorised into different groups including Energy drinks, Juices, Soft drinks, Sports drinks, Tea and Coffee, Water and others (Coca Cola website, n.d.). It is interesting to note that the soft drinks of the company are being considered as the trademark of Coca Cola however, different drinks are very popular among local communities. In order to explain how Coca Cola is targeting the local regions and communities, I will like to quote an example. Appollinaris is one of the product brands of Coca Cola and it comes under â€Å"water drink type†. This mineral water is available in three flavours including apple, lemon and normal or unflavoured water. Moreover, Appollinaris is only available in Germany and New Caledonia. Similarly, the soft drink of Coca Cola is available in different flavours including Cola, Cola Lemon Lime, Cola Lemon, Cola Orange, Cola Green Tea, Cola Lime and Cola Raspberry (Coca Cola Website, n.d.). This example shows that Coca Cola is not pursuing standardised strategy but it has been introducing products based on the needs of the market where it operates. The major reason which is posing great threats for the company is the external environment and the market changes. The market changes include the regulatory changes and socio economic changes. The mission statement of the company also shows that the two long term objectives of

Corporate social responsibility provides greater benefits to the Essay

Corporate social responsibility provides greater benefits to the organisation than it does to society and other stakeholders - Essay Example Banerjee approach on social responsibility can be viewed on how he has approach the concept in trying to give some of the advantages and disadvantages. Historically the social helped in development of corporation and allows devolution of power from the central government to the local citizens and help in improving the economy both politically and economically. In USA social responsibility has helped in revolution of legal structures and effective government policies to deal with social responsibility however critics have stated that social responsibility should be volunteerilism not by ensuring they are incorporated in the law and must act in the interest of the society as well (Banerjee, 2008). Corporate social responsibility is self regulating by ensuring that one complies with the community needs as does is best to better the society he or she is operating his business. A business activity should be for the general good of the employees, owners, consumers and society.CRS creates c ustomer loyalty to a brand of product hence business is able to beat competition in the market; it also leads to employment opportunities in the society. Businesses with volunteerism work records have advantage in acquiring license to operate in different areas without restriction and high taxations. Supply contracts have being awarded to those companies that have clean records of contributing to the wellbeing of the community.CRS strategies should be aimed at building capacity that will help in reduction of poverty levels in a region , promote giving that increases security and human , property rights according to international standards, reduce corruption and bribery and increase accountability and transparency. Friedman’s social responsibility model can be divided into two the business and to the beneficiaries. Where the business has obligation to respect what the shareholders aim to achieve, keep costs low, ensure they comply with the state laws and also follow the ethica l customs in the area of operation, ensure they give room for free and open market competition and not to be involved in unlawful transactions. The community also has a role to play by providing labor force, creating good working condition for the business and also be actively involved in social activities (Cosans, 2011). Arguments for social responsibility According to Buchholtz corporate social responsibility should include; production of goods and services, solving social problems, simple market transactions. Milton Friedman focused on the idea that social responsibility of business is to increase its profit. The use of available resources and should increase profit, in free and fair competition .arguments in support for social responsibility is that managers have to ensure they increase the shareholders wealth should be increased. Policy making should be left to be decided by the state, giving is encouraged and engaging in social responsibility by owners of firms. Firms should a ct in a free and accountable ways to ensure it does not affects the society breaking the law and protect the environment. Act in a way not to affect objectives of the firm and consider interest of others. Arguments against Milton Friedman is that although he argued a firm should make as much as possible he does not limit this to existing laws of production ,exploitation and property right. (Schwartz & Saiia) Strategic

Cloning Plants :: essays research papers

Cloning is asexual reproduction. Cuttings are taken from a mother plant in vegatative growth, and rooted in hydroponic medium to be grown as a separate plant. The offspring will be plants that are identical to the parent plant. Cloning preserves the character of your favorite plant. Cloning can make an ocean of green out of a single plant, so it is a powerful tool for growing large crops, and will fill a closet quickly with your favorite genetics. When you find the plant you want to be your "buddy" for the rest of your life, you can keep that plant's genetic character alive for decades and pass it on to your children's children. Propagate and share it with others, to keep a copy, should your own line die out. A clone can be taken from a clone at least 20 times, and probably more, so don't worry about myths of reduced vigor. Many reports indicate it's not a problem. Cloning will open you to the risk of a fungus or pests wiping out the whole crop, so it's important to pick plants that exhibit great resistance to fungus and pests. Pick the plant you feel will be the most reliable to reproduce in large scale, based on health, growth rate, resistance to pests, and potency. The quality of the high, and the type of buzz you get will be a very important determining factor. Take cuttings for clones before you move plants from vegetative grow area to the flowering area. Low branches are cut to increase air circulation under the green canopy. Rooted clones are moved to the vegetative growth area, and new clones are started in the cloning area using the low branch cuttings. Each cycle of growth will take from 4-8 weeks, so you can constantly be growing in 3 stages, and harvesting every 6-8 weeks. Some types of plants are more difficult to clone than others. Big Bud is reported to not clone very well. One of my favorite plants, Mr. Kona, is the most amazing pot I ever smoked, but it is hard as hell to clone. What a challenge! I noticed other varieties that were rooting much quicker, but it was the stone I was after! Once you find the psychoactive, almost hallucinogenic properties of some Indica/Sativa hybrids, you never want to smoke a pure Indica again. Indica is however, great medicinally, so I like to grow a few pure strains too.

Alcohol’s Effects on Teenagers

The number of teenagers who are into â€Å"alcohol† nowadays is increasingly alarming. The physiological effects, as well as, the physical and behavioral consequences are equally disturbing as well.â€Å"Permanent brain damage, depression, poor school performance, psychological distress / serious behavioral problems, and attention deficit disorder† are some of the physiological effects on teenagers who drink alcohol (The Marin Institute, n.d., n.p.). On the other hand, the physical and behavioral consequences include the following: â€Å"in-denial, self-pity, excessive anger, blaming others, and hurting oneself & other individuals† (Garrett, 2002, n.p.).Physiological Effects Teenagers who are into too much drinking may experience â€Å"permanent brain damage† (The Marin Institute, n.d., n.p.). This claim is backed up by an expert named â€Å"Dr. John Nelson†, a member of the American Medical Association (The Marin Institute, n.d., n.p.).Moreover, according to the â€Å"National Health and Nutrition Survey† girls who drink experience depression â€Å"four times more likely than those who do not engage in drinking† (The Marin Institute, n.d., n.p.).Furthermore, teenagers who drink also suffer from low grades; in fact, according to the â€Å"American Medical Association†, those who drink get lower scores on â€Å"vocabulary, visual-spatial, as well as, memory tests† as compared with those who do not engage in drinking (The Marin Institute, n.d., n.p.).In addition to that, some teenagers who drink develop â€Å"psychological distress†, as well as, â€Å"serious behavioral problems†; this is according to the statistical information gathered by the â€Å"Substance Abuse and Mental Health Services Administration† (The Marin Institute, n.d., n.p.).Last but not least, a study conducted by the â€Å"Substance Abuse and Mental Health Services Administration† confirms that teenagers who are regularly drinking may develop â€Å"attention-deficit disorder† (The Marin Institute, n.d., n.p.).Physical and Behavioral EffectsTeenagers who engage themselves in alcohol drinking may also suffer from the following physical and behavioral effects:First of all, teenagers may develop problems accepting unfortunate occurrences in their lives (Garrett, 2002, n.p.). They may turn â€Å"in-denial† and make use of alcohol as a â€Å"defense mechanism† every time he or she is reminded of the truth especially in cases where he or she gets offended (Garrett, 2002, n.p.).Second, some teenagers may feel pity for themselves while some tend to get excessively angry which may actu ally result in severe drinking (Garrett, 2002, n.p.).Third, some teenagers drinking severely may experience troubles accepting their faults (Garrett, 2002, n.p.). Thus eventually, they blame somebody else for the untoward incidents that occurred to them (Garrett, 2002, n.p.).Finally, some teenagers who drink too much may experience hurting other people or even oneself (Garrett, 2002, n.p.).Summary / ConclusionIndeed, teenagers who engage themselves in drinking alcohol are faced with dangers including physiological and behavioral/physical ones (The Marin Institute, n.d., n.p.). â€Å"Physiological effects† include the following: â€Å"permanent brain damage, depression, poor school performance, psychological distress / serious behavioral problems, and attention deficit disorder† (The Marin Institute, n.d., n.p.). Meanwhile, physical ones include: â€Å"in-denial, self-pity, excessive anger, blaming others, and   hurting oneself & other individuals† (Garrett, 20 02, n.p.).ReferencesGarrett, F.P. (2002). Excuses Alcoholics Make. Retrieved April 1, 2009 fromhttp://www.bma-wellness.com/papers/Excuses_Alcoholics.htmlThe Marin Institute. (n.d.). Physiological Effects of Alcohol on Teenagers.Retrieved April 1, 2009 fromhttp://www.marininstitute.org/Youth/teen_alcohol_use.htm   

Philosophical Quotes on Lying

Lying is a complex activity, one that we often blame, despite the fact that several times it may be the best ethical option left to us. While lying can be been seen as a threat to civil society, there seem to be several instances in which lying seems the most intuitively moral option. Besides, if a sufficiently broad definition of lying is adopted, it seems utterly impossible to escape lies, either because of instances of self-deception or because of the social construction of our persona. In the sequel, I compiled some favorite quotes on lying: if you have any additional ones to suggest, please do get in touch! Baltasar Gracià ¡n: Don’t lie, but don’t tell the whole truth. Cesare Pavese: The art of living is the art of knowing how to believe lies. The fearful thing about it is that not knowing what truth may be, we can still recognize lies. William Shakespeare, from The Merchant of Venice: The world is still deceivd with ornament,In law, what plea so tainted and corrupt,But, being seasond with a gracious voice,Obscures the show of evil? In religion,What damned error, but some sober browWill bless it and approve it with a text,Hiding the grossness with fair ornament? Criss Jami: Just because something isnt a lie does not mean that it isnt deceptive. A liar knows that he is a liar, but one who speaks mere portions of truth in order to deceive is a craftsman of destruction... Gregg Olsen, from Envy: If only these walls could talk†¦the world would know just how hard it is to tell the truth in a story in which everyone’s a liar. Dianne Sylvan, from Queen of Shadows: She was famous, and she was insane. Her voice soared out over the audience, holding them spellbound and enraptured, delivering their hopes and fears tangled in chords and rhythm. They called her an angel, her voice a gift. She was famous, and she was a liar.Plato: We can easily forgive a child who is afraid of the dark; the real tragedy of life is when men are afraid of the light. Ralph Moody: There are only two kinds of men in this world: Honest men and dishonest men. ...Any man who says the world owes him a living is dishonest. The same God that made you and me made this earth. And He planned it so that it would yield every single thing that the people on it need. But He was careful to plan it so that it would only yield up its wealth in exchange for the labor of man. Any man who tries to share in that wealth without contributing the work of his brain or his hands is dishonest. Sigmund Freud, from The Future of an Illusion: Where questions of religion are concerned, people are guilty of every possible sort of dishonesty and intellectual misdemeanor. Clarence Darrow, from The Story of My Life: Some false representations contravene the law; some do not. The law does not pretend to punish everything that is dishonest. That would seriously interfere with business, and, besides, could not be done. The line between honesty and dishonesty is a narrow, shifting one and usually lets those get by that are the most subtle and already have more than they can use. Further Online Sources The entry on the Definition of Lying and Deception at the Stanford Encyclopedia of Philosophy.The entry on the Liar Paradox at the Stanford Encyclopedia of Philosophy.The entry on the Liar Paradox at the Internet Encyclopedia of Philosophy.The entry on the Definition of Lying and Deception at the Stanford Encyclopedia of Philosophy.A New York Times op-ed by Graham Priest on the paradox.