Criminal Law Outline

Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Activities are ethically right if and just on the off chance that they bring about attractive results b. Depend on hypothesis of utilitarianism to legitimize discipline: Forward looking impacts of discipline. General prevention, explicit discouragement, restoration, crippling 2. Nonconsequentialist Theory c. Activities are ethically off-base in themselves, paying little mind to the results d. Hypothesis of Retributivism: glance back at the mischief and align the discipline to the wrongdoing Theories of Punishment ) Incapacitation: Incarceration to render them innocuous 2) Retribution: aggregate judgment of society weighing down. â€Å"Just Deserts† 3) Rehabilitation: give the criminal aptitudes and qualities to make them a decent resident 4) General Deterrence: hinder different crooks from carrying out violations 5) Specific Deterrence: prevent the rebuffed criminal from future wrongdoings Justific ations for Punishment in Context 1. The instance of Thomas Dudley (Eng. 1884): Stranded adrift for 24 days, 2 men plan and kill a third to eat. Accused of homicide and condemned to death a. Need resistance doesn't apply.Lawfully executing another to spare yourself is just regarding need and self-protection (savagery towards yourself) Retributive in nature 2. Individuals v Suite: Man claimed . 32 gauge gun, not authorized as required by 1980 enactment. Condemned to 30 days in prison b. Standard point of the weapon authorizing law is general discouragement. Decrease of prison time would announce that first time offenses would not bring about prison for first time guilty parties and would pronounce 30 days to be excessively brutal/maltreatment of attentiveness. Maintained to encourage guideline of general prevention governing body planned Standards of ProofProsecution: past a sensible uncertainty (state has high weight b/c honest until demonstrated liable) 1. Curley v US: Judge must in quire as to whether indictment has presented adequate proof with the end goal that a levelheaded jury could conclude that the arraignment has demonstrated its case past a sensible uncertainty. On the off chance that proof sensibly allows a decision of vindication or blame, choice is for the jury to make. Safeguard: by the prevalence of the proof. (self-protection, madness, need) Rule of Lenity When legal plan is hazy, the uncertainty must be settled for the Defendant.US v. Dauray Actus Reus Definition: Voluntary Act, social mischief An intentional demonstration that outcomes in social damage, or an oversight where there is an obligation to act. 1. Considerations don't comprise criminal acts 2. Activities constrained by the state don't establish criminal acts 3. Criminal â€Å"acts† must be intentional 4. No risk for oversight except if there is an obligation to act 5. â€Å"Status Crimes† are illegal Cases Act, not thought 1) Proposition against thought violations Stat e v Dalton: â€Å"act† was the composition of a youngster attack journal. Acquitted.From a discouragement point of view he ought not be liable; from restoration viewpoint possibly. Since system is commonly outfitted to discouragement it was the correct result 2) Hate wrongdoings/discourse Wisconsin v Mitchell: gathering of dark men whips youthful white kid a. Rule: Statutes punishing narrow-minded inspirations (musings) are defended b. Justification: these demonstrations are bound to incite retaliatory violations, so society has a more noteworthy enthusiasm for rebuffing them. Prevention and reprisal legitimize harsher punishments Voluntary, not automatic MPC 2. 01: Requirements of Voluntary Act 1) An individual isn't liable of an offense except if his risk depends on lead which incorporates a deliberate demonstration. (2) NOT intentional Acts: reflex/seizure; substantial development during obviousness or rest; direct during spellbinding; real development that in any case isn 't a result of the exertion or assurance of the on-screen character, regardless of whether cognizant or routine 3) Acting under State Compulsion-Martin v State: tanked on open parkway b/c police brought him there c. Rule: no intentional demonstration where state constrained the activity. d. Method of reasoning: keep the legislature from rebuffing the honest 4) Involuntary Acts-State v.Decina: epileptic who knew about his condition drives and executes kids e. Rule: an automatic demonstration can be deliberate when the individual knew about its probability and neglected to defensively act f. Method of reasoning: it doesn’t matter if an individual is oblivious when the mischief happens as long as the demonstration occurred simply because, during cognizance, there was awful speculation here, foolishness or carelessness in inability to forestall the damage. He intentionally put himself in a circumstance that made a further hazard. 5) Powell v Texas: Powell accused of open inebriat ion g.Rule: Voluntary since he could have forestalled his appearance in open h. Reason: condemning automatic conduct is savage and surprising (8); this wasn’t automatic MPC 2. 01: Voluntary, automatic, oversight, ownership * Involuntary: Convulsion, moving while oblivious or sleeping, lead during mesmerizing, or a development not a result of the exertion or assurance of the on-screen character; Voluntary characterized by the negative * Omission: obligation for an exclusion can't emerge except if the exclusion is made adequate explicitly in the language characterizing the offense, or an obligation to perform is forced by law. Ownership: D probably known about belonging for adequate period to have been capable 2 end it Status Crimes-Criminalizing a status disregards eighth Amendment: Cruel and Unusual 1) Robinson v California: man with track marks accused of opiates expansion a. Rule/Rationale: The demonstration of utilizing opiates can be condemned; habit can’t. Crimina l punishments may not be delivered upon an individual for INVOLUNTARY acts. 2) Powell v. Texas: a constant alcoholic was accused of being smashed in open b. Rule: open intoxication isn't a status wrongdoing since it is PUBLIC. c.Rationale: sentenced for being D. I. P. not constant heavy drinker. Volitional demonstration of deciding to drink without keeping oneself from being out in the open is adequately proximate to the untouched demonstration of going out while alcoholic to give the express an ACT to rebuff. 3) Jones v City of Los Angeles: rebuffed conduct on walkways every minute of every day which vagrants can’t stay away from. d. Rule: it is unlawful to rebuff acts emerging out of an automatic status on the grounds that these demonstrations are likewise fundamentally automatic. Oversights 1) Omission can be an actus reus where there is a legitimate obligation to act, and D was genuinely equipped for acting. mens rea, causation, simultaneousness despite everything require d) a. Agreements for care b. Uncommon connections c. Legal obligation d. D made the danger of mischief e. D deliberately expected consideration (particularly on the off chance that others are kept from giving consideration) 2) People v Beardsley: man and lady become inebriated over end of the week, she secretly takes morphine and passes on after D offered her to another person to let her work it off f. Rule: no legitimate obligation existed in light of the fact that none of the 5 above were available. g. Method of reasoning: a legitimate obligation isn't equivalent to an ethical commitment; associates aren’t close enough socially to make a lawful obligation without one of the abovementioned. ) Commonwealth v Howard: mother neglected to forestall her daughter’s torment and murder by an outsider h. Rule: guardians have a lawful obligation to ensure their youngsters unique relationship I. Reason: guardians can be legitimately compelled to act; moreover, the oversight was the immediate reason for the demise (clinical declaration). 4) Commonwealth v Pestinikas: couple contracted to think about elderly person for $300/mo j. Rule: inability to think about another is just a penetrate of a legitimate obligation when the guardian has embraced the obligation of care through agreement or willfully k.Rationale: the oversight in circumstance of obligation caused hurt D could have forestalled. Mens Rea Definition The specific mental state accommodated in the meaning of an offense. Method of reasoning for Requiring Mens Rea Deterrence or Utilitarian Justification: you can't deflect somebody who doesn't have a blameworthy brain. Retributive Justification: â€Å"Just Deserts. † You ought not rebuff somebody who is ethically guiltless. MPC v Common Law Equivalents of Mens Rea MPC 2. 02(2)| Common Law| Purposefully: cognizant article to commit| Intent-characteristic and likely auses| Knowingly: mindfulness; generous certainty| Knowledge-mindful of the reality , or effectively trusts it exists, including stiff-necked blindness| Recklessly: cognizant dismissal of predictable hazard abstract norm. Mindfulness. | Concepts of â€Å"recklessness† and â€Å"negligence† are regularly embodied| Negligently: ought to have known about hazard and dismissal it-sensible individual would have been awareNo differentiation b/n general, explicit intent| Distinction b/w general, explicit intent| CL: Uses the idea of mens rea in numerous terms: Willfully, mischievously, vindictively, purposely, deliberately, negligently.No consistency across states as to definitions MPC: 4 mental states that are exactly characterized. On the off chance that no psychological state is referenced in a resolution, read in foolishly. Demonstrating â€Å"Intent†, customary law-characteristic and plausible outcomes principle 1. Regina v Cunningham: Son in law took gas meter to sell; relative was presented to coal gas. a. Vindictiveness implies (I) a real goal to do the specific sort of mischief that was in certainty done or (ii) carelessness with regards to whether such damage ought to happen or not (anticipated hazard; proceeded in any case) 2.State v Fugate: D shoots and murders storekeeper in the wake of constraining him into cellar. b. Purpose can be surmised from orderly conditions and composite picture created by proof, including instrument used to deliver demise and the way of causing a deadly twisted. c. Expectation to murder might be assumed where the regular and plausible outcome of an illegitimate demonstration is to create demise. 3. Predictability Issues: If hurt is so predictable as to nearly be sure to happen, aim can be found. Demonstrating â€Å"Knowledge†, customary law-determined visual deficiency 1.US v Jewell: an individual demonstrations purposely for precedent-based law if th

The Jmu Mailroom Case

THE JMU MAILROOM CASE If you anticipate that your mail should accompany a similar â€Å"speedy delivery† made well known via postal carrier Mr. McFeeley of Mister Rogers’ Neighborhood, you might be disillusioned throughout the following scarcely any weeks. While mail conveyance isn't definitely more slow than typical, representatives in the JMU postal help distribution center can offer a few reasons why they are experiencing difficulty conveying mail as quickly not surprisingly. Most of the five-part team who work in the distribution center, presently situated on South Main Street opposite Duke’s Plaza state they are disturbed in light of the fact that postal assistance the board didn't consider their sentiments before tossing changes at them. We were counseled, yet they didn’t take anything we said into account,† said Eric McKee, a postal help worker who works in the stockroom. Changes have included moving the distribution center to a structure a sh ort ways from grounds which comprises of a storm cellar without running water or washroom offices. Workers must stroll outside to the front of the structure so as to utilize restrooms. McKee, alongside another conveyance representative who wished to stay mysterious inspired by a paranoid fear of losing his employment, whined of the â€Å"great physical stress† engaged with conveying the enormous tubs of mail as opposed to conveying mailbags that can be tossed over the shoulder. As per another worker who wished to stay anonymous, notwithstanding the physical pressure, the tub-conveyance framework eases back up mail conveyance significantly. The representative said by throwing mailbags over the shoulder it was simpler to convey enormous heaps of mail, something almost outlandish with the tubs. As per Terry Woodward, chief of postal administrations, the change from mailbags to containers came the day after the distribution center change area. The progressions were achieved to oblige the developing volume of mail that has come because of the expanding quantities of offices and understudies in the college, Woddward said. Conveying the mail with the tub framework rather than a pack framework decreases steps, Woodward stated, subsequently speeding the conveyance time. While Woodward recognized that the changing framework is the reason for mail lull, he said he anticipates that conveyance should accelerate as representatives become acclimated to the new framework. The distribution center used to be situated in a trailer behind Anthony-Seeger Hall. The new area is a five-to brief drive to grounds, which workers state hinders their conveyance time significantly. One conveyance laborer said the move has realized â€Å"new obstacles,†, for example, trusting that a train will cross before him. The office had to get off grounds Aug. 3 when the Facilities Management Department assumed control over the trailer postal administrations used to possess close to Anthony-Seeger Hall, Woodward said. Woodward said he anticipated that underlying opposition should the progressions by postal representatives, yet trusted the laborers would keep a receptive outlook while giving the new framework time to streamline. â€Å"There’s surely been some resistance,† Woodward said about postal employees’ responses to the changes. One such instance of obstruction may have achieved the terminating of Troy Munford, a late spring postal help worker who said the new framework is â€Å"unmanageable. † Munford claims he was terminated for â€Å"insubordination† by Sonja Mace, activities supervisor for the postal assistance, when he revealed to her the framework wasn’t working and attempted to organize a gathering between the heads of postal administrations and the representatives. Munford said that after he advised Mace â€Å"you vowed to put forth a strong effort and clearly your best wasn’t great enough,† Mace â€Å"stomped her foot . . . nd stated, ‘you’re terminated. ’† Due to Munford’s terminating around fourteen days prior, a few workers were reluctant to stand up or have their names imprinted in the paper for dread they may likewise lose their positions. By rolling out the improvements, Mace â€Å"has multiplied, if not significantly increa sed, the workload† of the representatives, he said. ‘I’m simply worried for the individuals who are still here,† Munford said. He said he is apprehensive some of them â€Å"will hurt themselves in the end, because of the physical trouble of the activity. † Mace would not remark on any staff issues with respect to the change.

When Subordinates Procrastinate Are You to Blame - Focus

When Subordinates Procrastinate â€" Are You to Blame - Focus Have you run the numbers on the cost of replacing an employee? The price of recruitment, employment, and training of new personnel is now estimated to be between 40% and 150% of the former employee’s salary. It’s an expensive proposition to replace an employee who leaves, retires, or is terminated for poor performance. While you cannot control retirements, you may want to look carefully at reasons for turnover, especially in the case of performance terminations. Poor performance usually means that the employee fails to complete task assignments correctly and/or on time. Often, this is a case of procrastination, but there are many reasons for this behavior. Managers need to be certain that they have not been at least somewhat responsible for it. Questions to Ask Yourself First 1. Do you give orders with no room for sharing ideas or for any “back and forth”? While this may be seen as the most efficient way to get things done, it can also kill an employee’s motivation and cause procrastination. If employees are provided the means to share ideas and to discuss how tasks may best be accomplished, they will be more invested and have more enthusiasm for their work. 2. Do you fail to communicate information and news about the company to your employees? There is always a strong rumor mill among employees. If that rumor mill spreads “bad news” â€" company profits down; possible layoffs; a buyout or a merger â€" employees will slow down and tasks will not be accomplished on time. Being open and honest with subordinates gives them “ownership” in the company’s successes and its troubles, and they will want to keep productivity high. 3. Are you holding subordinates accountable for their task responsibilities? When tasks are assigned to team members, each team member needs to verbally commit to completing them and to completing them on time. Team members should also be made aware that there are consequences and rewards. An environment of accountability must be established and maintained. 4. How do you reward team members for a job well done? Even if its just public recognition, people need to feel appreciated and valued. Many companies build in incentives if productivity exceeds deadlines. And they make the effort to track employee productivity and happiness through the use of digital tools designed just for that. Niko-Niko and Culture Amp are just two of these feedback apps that have hit the market. 5. Do you tell yourself that every person on your team is replaceable? Even in a difficult job market with a surplus of job seekers, remember how expensive it is to replace an employee. And every “hole” that is created in the team means that others have to pick up the slack until a replacement is hired and trained. Bad for morale and bad for productivity. If you’re certain that the above conditions are not an issue, it’s time to dig a bit deeper. Here are two more questions to ask yourself that may reveal causes of procrastination and malaise among your team members. 6. How are you developing, assigning, and monitoring tasks? You have team members with different strengths, challenges, levels of maturity, and talents. Good managers know their team members well. And as tasks are developed and assigned, each team member’s individualities must be considered. To assign without careful consideration is to set a project and team members up for failure. Procrastination is often the result of misassignment of task responsibilities. Some may believe that their tasks are without real merit and can be put off until the 11th hour, setting everyone back. Others may feel that their responsibilities are too cumbersome and too challenging. Even getting started on these tasks can be a scary notion. 7. How are you presenting long-term complex projects to your team? To provide comprehensive and long-term task assignments for the entire project at once can  be overwhelming. As a result, only the most confident, mature, and highly motivated members of your team will be able to deal with them. Many of your otherwise  talented and capable team members may not be able to  take a large complex task and break it down into smaller chunks, set their own timelines and benchmarks for completionâ€"especially not without  support  or  encouragement. Being overwhelmed in this way can turn many employees into procrastinators. So What Can You Do? If your team is facing a large long-term project there are a number of simple but powerful steps you can take to keep spirits and productivity in your team high: 1. Break It Down Avoid creating a single gigantic  project board with innumerable tasks. Instead, consider sharing  a mind map with the team where you provide an overview of the entire project  including its goals and milestones. If youre using Kanban software such as MeisterTask, you can then  create multiple smaller project boards, corresponding with  individual stages or areas of the project. See also: How to connect your mind maps with your project boards 2. Work in Sprints Set monthly, bi-weekly or even weekly deadlines  to accurately track progress and detect delays in the project schedule right away.  A process that has proved very effective  in this context is Scrum, where work is split into small, concrete deliverables which are completed within short fixed-length iterations. 3. Walk Around Provide an  environment in which team members feel comfortable requesting assistance and support as needed. LBWA (leadership by walking around) is one way to establish a “helping” relationship with subordinates. Having informal individual conversations, making offers to help, encouraging and praising, and refraining from criticism or pressure during this activity, adds to the comfort level. When subordinates feel comfortable, they are much more willing to present issues and problems they are having. 4. Meet One-on-One Schedule regular  meetings not just with the whole team but with individual team members. Individual meetings with your procrastinators are not for brow-beating and criticism. They are to provide the support and incentives for the employee to keep moving. And if you meet individually with every team member, the procrastinator(s) will not feel “singled out” for their shortcomings. Can You Save Them All? Even following  all of the steps above will not guarantee you 100% engagement and productivity from all team members. Dont make the mistake of pigeonholing those procrastinators! There are four common types of procrastinators*, and only one of them  really deserves a boot. The Perfectionist: These are usually talented and capable people and you don’t want to lose them. The key to up a perfectionists productivity is often just  a little more oversight:  Simply keep a closer eye on their work. Once you  determine that it  meets your expectations, direct them on to the next task, even if they are not 100% happy with the result themselves. The 11th Hour Sprinter: It’s nerve-wracking to know that you have a team member who constantly pulls  all-nighters at the last minute to meet their deadlines; however, if the deadlines are consistently met, you may simply need to find a way to deal with your jitters (and ensure that there is always an ample supply of coffee on hand). The Overwhelmed and Perhaps Scared: This is the team member who will need the most encouragement and support from you. By breaking long-term assignments into smaller chunks, you are serving this procrastinator well. And when tasks are completed well and on time, this individual needs that public praise. This is the procrastinator who will evolve as s/he gains confidence. The Lazy One: Some  employees are simply  lazy and will not be truly motivated by incentives, consequences or rewards. Unfortunately, there is  very little you can do to alter this behavior, and whats worse is that such employees can cause conflict and anger among other team members,  thus negatively impacting on the productivity of the whole team. This is the procrastinator you will most likely need to terminate and replace. *Inspired by Steve Marrs list in Managing the Procrastinator This is a guest post by John Unger. John is a UK native writer, idea guy and difference maker. He’s interested in business, innovations, and success, so he mostly covers these topics in his articles. You can get in touch with him via Twitter or Google+. Boost your teams productivity. Try MeisterTask Its free! Try MeisterTask When Subordinates Procrastinate â€" Are You to Blame - Focus Have you run the numbers on the cost of replacing an employee? The price of recruitment, employment, and training of new personnel is now estimated to be between 40% and 150% of the former employee’s salary. It’s an expensive proposition to replace an employee who leaves, retires, or is terminated for poor performance. While you cannot control retirements, you may want to look carefully at reasons for turnover, especially in the case of performance terminations. Poor performance usually means that the employee fails to complete task assignments correctly and/or on time. Often, this is a case of procrastination, but there are many reasons for this behavior. Managers need to be certain that they have not been at least somewhat responsible for it. Questions to Ask Yourself First 1. Do you give orders with no room for sharing ideas or for any “back and forth”? While this may be seen as the most efficient way to get things done, it can also kill an employee’s motivation and cause procrastination. If employees are provided the means to share ideas and to discuss how tasks may best be accomplished, they will be more invested and have more enthusiasm for their work. 2. Do you fail to communicate information and news about the company to your employees? There is always a strong rumor mill among employees. If that rumor mill spreads “bad news” â€" company profits down; possible layoffs; a buyout or a merger â€" employees will slow down and tasks will not be accomplished on time. Being open and honest with subordinates gives them “ownership” in the company’s successes and its troubles, and they will want to keep productivity high. 3. Are you holding subordinates accountable for their task responsibilities? When tasks are assigned to team members, each team member needs to verbally commit to completing them and to completing them on time. Team members should also be made aware that there are consequences and rewards. An environment of accountability must be established and maintained. 4. How do you reward team members for a job well done? Even if its just public recognition, people need to feel appreciated and valued. Many companies build in incentives if productivity exceeds deadlines. And they make the effort to track employee productivity and happiness through the use of digital tools designed just for that. Niko-Niko and Culture Amp are just two of these feedback apps that have hit the market. 5. Do you tell yourself that every person on your team is replaceable? Even in a difficult job market with a surplus of job seekers, remember how expensive it is to replace an employee. And every “hole” that is created in the team means that others have to pick up the slack until a replacement is hired and trained. Bad for morale and bad for productivity. If you’re certain that the above conditions are not an issue, it’s time to dig a bit deeper. Here are two more questions to ask yourself that may reveal causes of procrastination and malaise among your team members. 6. How are you developing, assigning, and monitoring tasks? You have team members with different strengths, challenges, levels of maturity, and talents. Good managers know their team members well. And as tasks are developed and assigned, each team member’s individualities must be considered. To assign without careful consideration is to set a project and team members up for failure. Procrastination is often the result of misassignment of task responsibilities. Some may believe that their tasks are without real merit and can be put off until the 11th hour, setting everyone back. Others may feel that their responsibilities are too cumbersome and too challenging. Even getting started on these tasks can be a scary notion. 7. How are you presenting long-term complex projects to your team? To provide comprehensive and long-term task assignments for the entire project at once can  be overwhelming. As a result, only the most confident, mature, and highly motivated members of your team will be able to deal with them. Many of your otherwise  talented and capable team members may not be able to  take a large complex task and break it down into smaller chunks, set their own timelines and benchmarks for completionâ€"especially not without  support  or  encouragement. Being overwhelmed in this way can turn many employees into procrastinators. So What Can You Do? If your team is facing a large long-term project there are a number of simple but powerful steps you can take to keep spirits and productivity in your team high: 1. Break It Down Avoid creating a single gigantic  project board with innumerable tasks. Instead, consider sharing  a mind map with the team where you provide an overview of the entire project  including its goals and milestones. If youre using Kanban software such as MeisterTask, you can then  create multiple smaller project boards, corresponding with  individual stages or areas of the project. See also: How to connect your mind maps with your project boards 2. Work in Sprints Set monthly, bi-weekly or even weekly deadlines  to accurately track progress and detect delays in the project schedule right away.  A process that has proved very effective  in this context is Scrum, where work is split into small, concrete deliverables which are completed within short fixed-length iterations. 3. Walk Around Provide an  environment in which team members feel comfortable requesting assistance and support as needed. LBWA (leadership by walking around) is one way to establish a “helping” relationship with subordinates. Having informal individual conversations, making offers to help, encouraging and praising, and refraining from criticism or pressure during this activity, adds to the comfort level. When subordinates feel comfortable, they are much more willing to present issues and problems they are having. 4. Meet One-on-One Schedule regular  meetings not just with the whole team but with individual team members. Individual meetings with your procrastinators are not for brow-beating and criticism. They are to provide the support and incentives for the employee to keep moving. And if you meet individually with every team member, the procrastinator(s) will not feel “singled out” for their shortcomings. Can You Save Them All? Even following  all of the steps above will not guarantee you 100% engagement and productivity from all team members. Dont make the mistake of pigeonholing those procrastinators! There are four common types of procrastinators*, and only one of them  really deserves a boot. The Perfectionist: These are usually talented and capable people and you don’t want to lose them. The key to up a perfectionists productivity is often just  a little more oversight:  Simply keep a closer eye on their work. Once you  determine that it  meets your expectations, direct them on to the next task, even if they are not 100% happy with the result themselves. The 11th Hour Sprinter: It’s nerve-wracking to know that you have a team member who constantly pulls  all-nighters at the last minute to meet their deadlines; however, if the deadlines are consistently met, you may simply need to find a way to deal with your jitters (and ensure that there is always an ample supply of coffee on hand). The Overwhelmed and Perhaps Scared: This is the team member who will need the most encouragement and support from you. By breaking long-term assignments into smaller chunks, you are serving this procrastinator well. And when tasks are completed well and on time, this individual needs that public praise. This is the procrastinator who will evolve as s/he gains confidence. The Lazy One: Some  employees are simply  lazy and will not be truly motivated by incentives, consequences or rewards. Unfortunately, there is  very little you can do to alter this behavior, and whats worse is that such employees can cause conflict and anger among other team members,  thus negatively impacting on the productivity of the whole team. This is the procrastinator you will most likely need to terminate and replace. *Inspired by Steve Marrs list in Managing the Procrastinator This is a guest post by John Unger. John is a UK native writer, idea guy and difference maker. He’s interested in business, innovations, and success, so he mostly covers these topics in his articles. You can get in touch with him via Twitter or Google+. Boost your teams productivity. Try MeisterTask Its free! Try MeisterTask

In Both Sets Of Experiments, All Participants Experienced

In both sets of experiments, all participants experienced the exact same set of trials, following the same parameters. This included randomizing the order of the prescribed treatments. In this case, the treatments consisted of 200 image pairs of possible paths with obstructions of different shapes and sizes in a two-dimensional array for the participants to view and rate the relevance of the obstructions. This randomization technique is one way to minimize any carryover effect from one level to the next, and is commonly used in Within-Subjects Designs experiments (Elmes et al., 1992, p. 126). The researchers decided to use a secondary experiment with 52 participants to ensure that the results of the primary experiment were not skewed as a†¦show more content†¦SVMs are standard tools that are used in machine learning, such as in robotics and manufacturing, and are used to recognize patterns in data and classify new data (Tanner Itti, 2017, p. 174). The SVM algorithms were tr ained and then tested on the same image pairs that were used by the human experiments, and the results were compared with the mathematical goal relevance model. Descriptive Statistics The experiments provided descriptive statistics for each of the tests that were conducted. For the human experiments, whereby the participants were required to give a response based on choosing a left or right path around an obstruction, the researchers calculated inter-subject agreement for an image pair as the fraction of participants who agreed with the majority decision. The statistical data was presented graphically as a frequency distribution histogram with Number of Pairs on the y-axis and % Human Agreement on the x-axis, and numerically showed an average inter-subject agreement across all images to be 77.05% (Tanner Itti, 2017, p. 175). The SVM computer modeling had descriptive statistics that showed the accuracy of the model in predicting the data. The statistical data was presented graphically as a frequency distribution histogram with Prediction Accuracy of Model Inter-subject Agreement on the y-axis and % Human Agreement on the x-axis and numerically depicted a mean accuracy of 81.97%, with a standard deviation of 3.46% (TannerShow MoreRelatedThe, Or Involuntary Musical Imagery1473 Words   |  6 Pagesrepeatedly in an involuntary manner. It has been researched that popular songs are the most dominant earworms , but this experiment has intentions to analyse earworm data from songs having varying levels of popularity and experience for a variety of resulting data. The aim for this experiment is how likely a song would become an earworm via two conditions. Firstly, on how much the participant likes the song after listening to it 6 times, or the estimated amount of times the song has been listened to. 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Argumentative Essay On Mengzi And Xunzi - 1071 Words

DocViewer Page of 5 Zoom Pages Nich Krause Italicize [...] Nich Krause Theres no argumentative thesis here [...] Nich Krause This is tangential. Rousseau is not relevant to the topic at hand. Be sure to stay focused and concise. [...] Fall 2017 PHIL170-001 World Philosophies Paper #3 Mengzi and Xunzi, dissimilar to Confucius and Mozi, say more things in regard to human nature. Mengzi protects the possibility that human nature is great from the birth. Xunzi, then again, thinks the opposite that is to state, he supposes human nature is terrible and in this way, it should be made great through the gauges of honourableness. They both have distinctive view of the world that leads them to concoct these two unique plans about†¦show more content†¦They can do that through li (ceremonies and customs). Human nature as of now has every single vital inclination to wind up noticeably great. These are sympathy, abhor, yielding, feeling of endorsement and dissatisfaction. These are the sprouts of goodness. Keeping in mind the end goal to enable them to grow, one must need to develop them, to sustain them. If one develops them through old customs and sustains those through ceremonies; at that point these sprouts will give him sweet, solid natural products. Moral goodness is much the same as sweet, solid organic products. The self-development process isnt a one-day work. It needs responsibility; it needs teach and years of work. It isnt as though one day I put the seeds into soil and a day or two ago they give me great organic products. You have to water the dirt, you have to ventilate the dirt, and you have to excrement the dirt. Be that as it may, in the event that you submitted enough; your finished result of development of qi will be impeccable. In this way, for Mengzi, self-development and nurturance isnt for turning something terrible or nonpartisan to great; yet they are for improving something great even. (Sung, 2016) Xunzi thinks direct inverses of Mengzis thoughts regarding human nature. He proposes that human nature is terrible from birth since we, humans,

Importance of Literature Free Essays

ENG 101 7 February 2012 Importance of Literacy Literature is a creative and imaginative type of writing. It is a source of information that leads to the guiding principles of life. Having the knowledge to read literature attentively and understand it is extremely important. We will write a custom essay sample on Importance of Literature or any similar topic only for you Order Now Literacy is not optional, it is necessary. Literature is not just reading a text but being able to reflect upon it. There are many different types and forms of literacy. Some come in forms of poems and others as dramas or films. Literacy expands towards many varieties. There are children literatures such as â€Å"Winnie the Pooh† and there are also more sacred types of literature such as the scripter’s or Holy Bible. Reading or watching literature gives a person a chance to experience different thoughts towards different situations, it opens a persons mind to imagination. Understanding literature is a sign of intelligence and knowledge. It is not always simple to understand and reflect on literacy. It is important to be open-minded when reading or watching literature. Philosopher Edmund Burke once said, â€Å"Reading without reflecting, is like eating without digesting. † For all means philosopher Burke is one hundred percent correct. The ability to reflect on what is being told shows intelligence, it shows that you have not only read word by word, but you have read the whole piece as one. There are many mistakes that are caused by illiterate people. A perfect example of this concept is the story of a man who was responsible for the death of his son. In the essay â€Å"Hunger in America†, written by Richard Mitchell, Bill Barnhart was charged for certain criminal acts towards his sons death. Barnhart used a passage from the bible for his defense in the case. He believed that in the bible God said that no one should use any medication whatsoever. His son was sick and Barnhart refused to treat his son. His misunderstanding of what was being said cost his sons life. Being literate is extremely important. It can affect everyone around you. Learning literacy is a task that can take a while, but it is not impossible. Reading is extremely important; it is the basics in life. Sense everything requires reading words, the only thing that remains is the reflecting part. Reflecting what you have read shows that you have a clear understanding of what is being said. To be literate does not mean that a person has to read novels and books. It could be simply by reading the news paper, and article, or even a magazine or watching a film. As long as you take time to reflect on the information given and understand what is given, you can read whatever you wish to. Reading or watching literacy gives a person a chance to experience different thoughts towards different situations, it opens a persons mind to imagination. The understanding of literature brings many good things to us, either in science or entertainment. Everything that our world is built on has been based on literacy and continues to do so. Being literate is required to humankind, it is important that we all understand obstacles and situations in life. Literacy allows us to have an idea on how different people live their lives, and it also helps us to understand the purpose in our own life. How to cite Importance of Literature, Papers

The Democratic Peace Theory Merits and Demerits

Introduction Peace is an essential aspect that any country ought to uphold for the better growth and development of the country. However, peace is dictated by the type of regime that a given state has in its leadership. Some countries would prefer a democratic system.Advertising We will write a custom essay sample on The Democratic Peace Theory: Merits and Demerits specifically for you for only $16.05 $11/page Learn More Others use the capitalist way of administration, whereas there are a few countries that exercise dictatorship as a form of administration. The democratic peace theory has been argued to support the liberal theory of international relations. However, there is also a thought that the democratic peace theory is a failed form of administration. This paper will discuss the democratic peace theory, its merits and demerits, the reasons for its contribution to the international relation, and the reasons for its rejection by some scholars. Democr atic Peace Theory According to Reiter (2012 p. 1), democratic peace refers to the idea that certain democracies are safe as well as peaceful in other foreign relations. It is the assumption that through democracy, nations will be peaceful with relations that they have with their international allies Democratic peace is anchored on the premise that peace is attainable when elements of negativity are banished from the international sphere (Reiter 2012, p. 3). However, Gobatti claims that it is impossible to have democratic peace or even to study democratic peace theory and its application without mentioning the place that war has in this type of governance (2000, p. 22).Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More He continues to explain that, many democratic countries are always looking for ways to benefit from other nations at the minimum costs possible. In other words, a democratic country will use international relations to gain maximally from other nations at the least cost implications. Some may, however, decide to enter into some of an agreement that can result in a mutually beneficial situation, says Hobson (2011, p. 1904) Aviles (2005, p. 34) reveals that democracies are less likely to engage in war than other forms of rulership. This can be contributed to the fact that these countries tend to use negotiations while dealing with the international community. Aviles (2005, p. 35) continues to reveal that countries that have not established firm democracies tend to be unstable in terms of peace than countries that do not practice democracy. This is attributed to the fact that the process in which the less democratic country goes through to attain full democracy is commonly characterized by internal wars, where the different communities fight over the limited resources and the hunger and thirst for power (Palan 2000, p. 576). There are two explanations for the democratic peace; the monadic explanation and the dyadic view of democratic peace, says Guadro (2013, p. 6). With a monadic view of democratic peace, there is an assumption that a democratic country will maintain peace with other international communities regardless of whether those foreign communities are of democratic view of peace or not (Douglas 1997, p. 408).Advertising We will write a custom essay sample on The Democratic Peace Theory: Merits and Demerits specifically for you for only $16.05 $11/page Learn More In addition, it holds the thought that, countries do not need to engage in any form of war unless when provoked in the form of an attack; thus, they need to fight back as a way of protection. (Douglas 1997, p. 409). This can be argued as an advantage to the country that practices such a democratic peace position. The reason is that a country that does not believe so much in violence will not invest highly in the military. It will not re cruit as many military personnel as those countries that believe in the power and might of war. As a result, Mousseau (2003, p. 486) admits that the cost implicated in maintaining a small military group and less sophisticated weapons is reduced. This has also been confirmed by Slaughter (1995, p. 720) who says that it is even better to invest heavily in the health and medicine sectors rather than having sophisticated weapons. Such a country will thus shift its focus to other developmental goals that the ruling government has. Examples of such developmental goals would be the improvement in industrialization, tourism, mining, agriculture, among others. On the other hand, this form of democratic peace can be seen a weakness in the country might not be able to rescue itself in the event that there is a serious invasion of a country that has strong military power and highly sophisticated weapons (Chioza, Giacomo Goemans 2011, p. 35). Dyadic democracies are typically associated with var ious European countries, says Ray (1995, p. 68). Also on this list are Canada and the United States of America. According to Gobatti (2000, p. 22), this type of democracy tends to reduce its perseverance in countries that are not considered as more democratic.Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More In other words, countries in a dyadic form of democracy may engage in war with countries that do not primarily hold onto a democracy from of administration. This is believed to be part of their international relations with the international community. Macmillan (2003, p. 234) admits that, such democracies as dyadic democracy are seen as to support various wars that are fought against non-democratic countries. Liberal Theory in International Relations According to Mousseau (2003, p. 491), international relations can be looked at in three ways. There are the realism approach, institutionalism approach, and the liberal approach to international relations. Slaughter (1995, p. 717) admits that the realist approach to international relations is the widely used approach. It uses the realist nature of events to address to various issues that are affecting the countries in consideration. Mousseau (2003, p. 492) reveals that this approach is anchored on the assumptions that the international community is made up of different states that are unique and governed differently. Therefore, there is no guarantee that the different nations will be in an agreement over any matter should these countries meet to discuss issues affecting them (Mousseau 2003, p. 492). In institutionalism, various aspects of rules and principles are integrated with decision-making, where different nations have to follow certain laid rules and principles as the founding principles of their interaction. This, as explained by Slaughter (1995, p. 719) results in signing of international agreements that govern the way international communities will relate to each other. According to Douglas (1997, p. 410), these agreements require commitments from each country as a violation of the same would lead to sanctions and other far-reaching consequences that are imposed by the country that feels agitated, says Palan (2000, p. 581). Liberalism is the third and the best alternative to both realism and institutional ism approaches to international relation. According to Aviles (2005, p. 46), liberalism is an approach that has attracted different theories that explain its operation, and among the notable ones being the ‘liberal internationalism’ by Wilsonian. According to Chioza, Giacomo and Goemans (2011, p. 40). The main aim of liberalism is to achieve lasting cooperation as well as the peace that would be enjoyed internationally. Chioza et al. (2011, p. 41) add that liberalism also tends to address the various approaches that can be used to achieve international peace. It uses other theories such as the ‘democratic peace theory’, ‘commercial peace theory’, ‘institutional peace theory’, and the ‘international law. Democratic Peace Theory and the Liberal theory in International Relations According to Reiter (2012, p. 10), the democratic peace theory holds the thought that there is no need for war unless the practicing country has been so pressed that there is no other alternative to counter the attack other than to fight back. On the other hand, liberal theory tends to advocate for an international community that is peaceful with increased cooperation, says Hobson (2011, p. 1910). There is a collaboration between what the democratic peace theory hold to and what the liberal theory advocates for, admits Hobson (2011, p. 1911). If nations could resort to the democratic view of administration, then the entire world could be a peaceful place to be, where war is rare and the different nations are united and collaborates in various agendas (Sucharov 2009, p. 6). There are cases where the democratic peace theory has been used to address peace that is advocated for by the liberal theory. According to Chioza et al. (2011, p. 43), the UN General Assembly has in the past called for nations to sign peace agreements and declarations that they would not engage in a war for their selfish reasons, other than when provoked and thei r security threatened. Chioza et al. (2011, p. 41) go on to say that there are quite a considerable number of countries that have agreed to this UN General Assembly requirement on promoting global peace. According to Ray (1995, p. 50) the results have been tremendous. The number of wars against nations has reduced significantly to a point where only wars that are related to the terror attacks and threats are being fought by some of the countries that signed the agreement (Ray 1995, p. 51). Chioza et al. (2011, p. 43) say that among the reasons that makes it possible to intertwine the democratic peace theory with the liberal theory is that many countries are in dire need of peace. Hobson (2011, p. 1914) adds that no country wishes to see its members dying as a result of the war that could have been prevented otherwise. As Palan (2000, p. 583) puts it, in democratic countries, a ruler is re-elected only if he performed according to the expectation of the voters. Palan (2000, p. 583) c ontinues to say that, one of the major determinants of the success of a ruler is the ability to promote peace. Those who are seen as promoting peace are likely to be re-elected back to the office. On the contrary, those who do not seem to promote peace as required for by the voters are normally not re-elected. It is therefore easy to agree with Macmillan (2003, p. 240) who says that democratic peace theory is crucial in promoting international relations as it is peace that is at the heart of any international relations. According to Palan (2000, p. 584), democratic peace encourages economic growth among the countries that practice this form of administration. The economy of any country is dependent on the political stability of a country. Aviles (2005, p. 50) agrees with this as he is quoted as saying that in a country that is marred by war, then the establishment of industries is hampered, people no longer go to their places of work and are instead made to flee to safer places. Hou ses are burnt with businesses looted. To this effect, the economic development of such countries is staggering (Aviles 2005, p. 50). On the contrary, in a country where the political field is stable, then there are hardly wars that are reported to emanate from such a country. New industries will be established, jobs will be created, no houses will be burnt and no businesses will be looted. As a result, the economic growth of such a nation will grow at a higher rate because of the efforts that are made by the stakeholders. Therefore, this explains why the democratic peace theory promotes the liberal theory of international relations. Countries that practices democratic peace will have its economy stable and can even collaborate with other countries to promote peace at an international platform (Aviles 2005, p. 52). Another reason that explains why the democratic peace theory is necessary for supporting liberal theory of international relations is the fact that in a democratic country , leaders tend to listen to what the public is saying (Slaughter 1995, p. 739). If the public is not heard, then the leaders in such a nation are assured of being ousted from power especially during general elections. To this effect, many leaders in democratic nations promote peace and economic growth because they would not love to see themselves out of power soon. Mousseau (2003, p. 505) reports that leaders in democratic nations tend to come together to promote what their public desires. Given that a majority of the public in democratic nations want peace, then the liberal theory of a peaceful world can be realized. It is possible to come to terms with anyone who has the same goals and ambitions as yours. Similarly, it is possible for nations that have the same goals come together and unite for the achievement of those shared goals. This is the case with democratic nations. Hobson (2011, p. 1920) says that democratic countries tend to have common interests. This unites them even m ore and thus there is the promotion of peace. Douglas (1997, p. 413) claims that democratic nations promote what can be termed as a transnational community. This is to mean that although these nations have their policies that govern them, they tend to embrace what other nations believe and the way that the leadership in that country carries out its authoritative operation. Douglas (1997, p. 413) adds that there is the high possibility that democratic communities will promote each other in terms of culture, especially during the times of national calamities. This can be supported by the reality that many democratic nations have the tendency to promote the tourism sector of their democratic like countries. Also, it is possible to witness several democracies offerings to assist other democratic countries in times of calamities as floods, earthquakes, and tsunamis. This is the exact promotion of transnational community. On the other hand, there are those who feel that democratic peace t heory do not in any way contribute to the international relation that is attributed to international peace. Douglas (1997, p. 413) reveals that such people hold the thought that it is the capitalist way of doing things that contributes to enhanced international relations rather than democratic peace. Douglas continues to say that such activities as market growth and increased trade among nations are the driving forces of peace. Such schools of thought maintain that nations with a capitalist way of administration are more likely to enter into collaboration with other countries in an effort to strengthen trade ties. It is this kind of collaboration that promotes international relation and not democratic peace, claims. Another reason that is given in opposition to the contribution of democratic peace to the international relation is the fact that some leaders are naturally secretive. Douglas (1997, p. 414) says that such leaders are not willing to engage with other nations as they thin k that in so doing, then their administrative system might be at risk. Douglas admits that, the secrecy among such leaders could be due to their cruel way of rulership or simply because they have a military approach of rulership where one’s secrets are not supposed to be given to the opposing side. These types of leaders make it difficult to promote international relations through democratic peace. Douglas (1997, p. 413) adds to the reasons that do not support the contribution of democratic peace to the fact that wars against nations are not necessarily caused by the kind of regime that is applied by the ruling leaders. He says that wars on nations are mainly due to the perspective of the individuals that are in power. Whether or not a country will go to war against another country will depend on the decisions of the few selected individuals that are at the centre of leadership. Conclusion Democratic peace theory holds the thought that it is possible for nations to coexist wi thout the need to engage in a war. In a democratic nation, war is not the first option to seek for attention from the international community. However, there are two types of democracies; monadic and dyadic forms of democracies. In a monadic democracy, there is the assumption that that the democratic country will remain peaceful to all countries without considering their view and support of the democratic regime. In a dyadic democracy, the democratic nation tends to support attacks to nations that seem to oppose democracy. There is a good contribution that democratic peace theory makes to the support of the liberal theory of international relations. Leaders in a democratic nation tend to listen to what the public is saying regarding certain issues as a way of engaging the masses. The leaders are compelled to support peace with the international community rest they be ousted from power in a general election. Most of the democratic regimes share the same interests. This explains why m any of the democratic nations join hands in support of the international collaboration and unity. On the other hand, some people hold the thought that the democratic peace theory does not necessarily lead to better international relations compared to the capitalist way if the administration is to be credited for such relations. List of References Aviles, W 2005, ‘The democratic-peace thesis and U.S. relations with Colombia and Venezuela’, Latin American Perspectives, vol. 32, no. 3, pp. 33-59. Chiozza, G Goemans, HE 2011, Leaders and international conflict, Cambridge University Press, Cambridge, UK. Cuadro, M 2014, ‘Democracy, intervention and liberal strategy’, The Economist, vol. 2, no. 1, pp. 3-8. Douglas, A 1997, ‘Press freedom and the democratic peace’, Journal of Peace Research, vol. 34, no. 4, pp. 405–414. Gobetti, Z 2000, A revision of the theory of democratic peace, Bologna University Press, Bologna. Hobson, C 2011, ‘Towa rds a critical theory of democratic peace’, International Studies, vol. 37, no. 4, pp. 1903-1922. Kahl, CH 1999, ‘Constructing a separate peace: constructivism, collective liberal identity, and democratic peace’, Security Studies, vol. 8, no. 2, pp. 94–144. Macmillan, J 2003, ‘Beyond the separate democratic peace’, Journal of Peace Research, vol. 40, no. 2, pp. 233-243. Mousseau, M 2003, ‘The nexus of market society, liberal preferences, and democratic peace: interdisciplinary theory and evidence’, International Studies Quarterly, vol. 47, no. 2, pp. 483-508. Oneal, J Bruce, R 2000, ‘Comment: Why ‘an identified systemic analysis of the democracy–peace nexus’ does not persuade’, Defence and Peace Economics, vol. 11, no. 1, pp. 197–214. Palan, R 2000, ‘A world of their making: an evaluation of the constructivist critique in international relations’, Review of International Relati ons, vol. 26, pp. 575-598 Rasmussen, MV 2003, The West, civil society and the construction of peace, Palgrave Macmillan, Hampshire. Ray, JL1995, Democracy and international conflict: an evaluation of the democratic peace proposition, University of South Carolina Press, Columbia. Risse-Kappen, T 1995, Cooperation among democracies: The European influence on U.S. foreign policy, Princeton University Press, Princeton, NJ. Slaughter, M 1995, ‘Liberal international relations theory and international economic law’, American University International Law Review, vol. 10, no. 2, pp. 717-743. Sucharov, M 2009, Theory and research in international relations, Carleton University Press, Loeb. Wendt, A 1999, Social theory of international politics, Cambridge University Press, Cambridge, UK Widmaier, WW 2005, ‘The democratic peace is what states make of it: a constructivist analysis of the US–Indian ‘NearMiss’ in the 1971 South Asian crisis’, European Journal of International Relations, vol. 11, no. 3, pp. 431–455. This essay on The Democratic Peace Theory: Merits and Demerits was written and submitted by user Haleigh Mendoza to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.